20140725Application.pdf

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July 24,2014
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 837 20-007 4
{H Centurylink'
Via Email and Overnight delivery
Ce N -T'14-oY
Cas'T- t4-o>
Re: Case No.: [NEWI
Application for Approval Interconnection Agreement
Dear Ms. Jewell:
Pursuant to your request, attached is a revised first page of the Application for Approval of
Interconnection Agreement. The caption has been revised to specifically identifr the parties to
the Interconnection Agreement.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
Sincerely,
liea
Enclosure
1600 7t Avenue, Room 1506
Seattle, Washington 98191
Tel: 2OG398-25O2
Email: i
www.centurylink.com
Lisa A Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: (206) 3 45 -l 57 4
Facsimile: (206) 3 43 -4040
Lisa. anderl@centurylink. com
APPLICATION OF CENTURYTEL OF
IDAHO,INC., AND CENTURYTEL OF'THE
GEM STATE-IDAHO, INC. (individually, and
collectively (CENTURYLINK") FOR
APPROVAL OF THE INTERCONNECTION
AGREEMENT BETWEEN CENTURYLINK
AND CENTURYLINK COMMT]NICATIONS
LLC FOR THE STATE OF IDAHO
PURSUANT TO 47 U.S.C. $2s2(e)
REfi[i\.i i: ir
20lr{ JUL 25 PH l2r l9
lDAilil ,;,.:,' - .
UT I LlTl ES Cfi i'i rl i li li iil:'r
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
cEN -f - t4'a L
GASE NO.: c e5- r-/4-O >
APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
CenturyTel of Idaho, Inc. dba CenturyLink and CenturyTel of the Gem State-Idaho, Inc.
dba CenturyLink ("CenturyLink") hereby file this Application for Approval of an
Interconnection Agreement by and between CenturyTel of Idaho, Inc., dba CenturyLink,
CenturyTel of the Gem State-Idaho, Inc. dba Centurylink and Centurylink Communications,
LLC for the State of Idaho (the "Agreement"). The Agreement with CenturyLink
Communications LLC ("CenturyLink Communications") is submitted herewith.
This Agreement was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that: the agreement (or
portion(s) thereof) discriminates against a telecommunications carrier not a party to this
APPLICATIoN FoR APPRoVAL oF INTERCoNNECTIoN AGREEMENT _ I
CrNruRylnqr CouuuNIcATIoNs LLC
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
CenturyLink respectfully submits that this Agreement provides no basis for either of
these findings, and, therefore requests that the Commission approve this Agreement
expeditiously. This Agreement is consistent with the public interest as identified in the pro-
competitive policies of the State of Idaho, the Commission, the United States Congress, and the
Federal Communications Commission. Expeditious approval of this Agreement will enable
Centurylink Communications to interconnect with CenturyLink facilities and to provide
customers with increased choices among local telecommunications services.
CenturyLink further requests that the Commission approve this Agreement without a
hearing. Because this Agreement was reached through voluntary negotiations, it does not raise
issues requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 22't day of July,2Ol4.
AppLrcATroN FoR AppRovAL oF INTERCoNNEcToN AcREEMENT - 2
CpNrunvln rK CoMMr.rNrcATIoNs LLC
Attomey for Centurylink
CERTIFICATE OF' SERVICE
I hereby certify that on this 22th day of July,20l4,I served the foregoing
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all
parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jj ewell@puc. state. id.us
ICA-Interconnection Agreements
CenturyLink Communications LLC
4650 Lakehurst Ct., 3'd Floor
Dublin, Ohio 4301 6-3252
xx
Hand DeliveryXX U. S. Mail
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Ovemight Delivery
Facsimile
Email
APPLICATIoN FoR APPROVAL OF INTERCONNECTION AGREEN,{EI.{T _ 3
CSNTUnyLTNK CoMMTINICATIONS LLC
DocuSign Envelope lD: 320ACCB6-0C81-4900-959D-53ADB l50Al22
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CenturyLink*
INTERCONNECTION AGREEMENT
BY AND BETWEEN
CENTURYTEL OF IDAHO, INC., DBA CENTURYLINK
CENTURYTEL OF THE GEM STATE.IDAHO, INC., DBA CENTURYLINK
AND
CENTURYLINK COMMUNICATIONS, LLC
FOR THE STATE OF IDAHO
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ARTICLE IV. OPERATIONAL TERMS... ............53
ARTICLE V. INTERCONNECTION, TRANSPORT AND TERMINATION OF TRAFFIC......................81
63. SERVTCES COVERED ...........................8164, NETWORK INTERCONNECTION METHODS... .........8165. SIGNALING AND INTERCONNECTION TRUNKING REQUIREMENTS..................................8766. TNTERCARRTER COMPENSAT|ON........ ....................9367. TRANSTT TRAFF|C............. .................. 100
ARTICLE VI. UNBUNDLED NETWORK ELEMENTS.. .........102
68. TNTRODUCTTON .............. ....................10269. USE OF UNES........... ......10270. tNDtvtDUAL CASE BASTS PR|C|NG...... ...................10571, NETWORKINTERFACEDEVICE ........10572. 1OOP........... ....................10773. INTENTIONALLY LEFT BLANK ...........11474. LOOP MAKE-UP INFORMAT|ON.......... ....................11475. LOCAL C|RCU|T SW|TCHTNG .............'11576. DEDTCATED TRANSPORT ..................11577. DARKFTBERTMNSPORT .................11678. UNE COMB|NAT|ONS....... ...................11979. L|NE SP1|TTING............... .........:........... ....................12480. ROUTINE NETWORK MODIFICATIONS TO CENTURYLINK'S EXISTING NETWORK ........124
ARTTCLE Vil. RESALE .................126
81. LOCAL TELECOMMUNICATIONS SERVICES PROVIDED FOR RESALE .,.,...12682, GENERAL TERMS AND CONDITIONS FOR RESALE SERVICES... .................12783. PRTCING .....12784. LTM|TAT|ONS AND RESTRTCTTONS ON RESALE. ....................... 12985. CHANGES IN RETAIL SERVICE..... ....,13186. REQUIREMENTS FOR SPECIFIC SERVICES... ......13187. PRE-ORDERING AND ORDERING ...,.13288. ACCESS CHARGES... .....13389. RESALE OF CENTURYLINK COMMUNICATIONS LLC,'S TELECOMMUNICATIONSSERV|CES... .................... 133
ARTICLE VIII. ADDITIONAL SERVICES.. .....135
90. NUMBER PORTABLITY
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ACCESS TO POLES, DUCTS, CONDUITSAND RIGHTS-OF-WAY
DIRECTORY LISTINGS SERVICE.....
ARTICLEIX. COLLOCATION
91.
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ARTICLE X. PRICING
117. GENERALPRICINGTERMS ...............184
1 18. APPLICABILITY OF OTHER MTES, TERMS AND CONDITIONS .................... 184
1 19. APPLTCATION OF NONRECURRING CHARGES... ...................... 184
120. NON-RECURRING CHARGES (NRCS) FOR RESALE SERVICES ...................185
121. TO BE DETERMTNED (TBD) PR|CES....... ................185
122. TNDTVTDUAL CASE BASIS PRICTNG (rCB) ............ ........................185
ARTTCLE Xt. M|SCELLANEOUS............. .........186
123. AUTHORIZATION AND AUTHORITY ............ ...........186
124. COUNTERPARTS ...........186
SIGNATURE PAGE ..........
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This lnterconnection Agreement (the "Agreement), is entered into by CenturyTel of ldaho, lnc.,
dba as CenturyLink, and by CenturyTel of the Gem State-ldaho, lnc., dba as CenturyLink, both
an lncumbent Local Exchange Carrier in the State of ldaho (CenturyLink), and CenturyLink
Communications, LLC, (sometimes hereinafter referred to as "CLEC and/or CC"), in its capacity
as a certified provider of local wireline Telecommunications Service in the State of ldaho.
CenturyLink and CenturyLink Communications LLC, are herein referred to collectively as the
"Parties" and each individually as a "Party". This Agreement establishes the rates, terms and
conditions for local lnterconnection, Collocation, local resale, and purchase of Unbundled
Network Elements. This Agreement covers services in the State of ldaho only (the "State).
WHEREAS, the Parties wish to interconnect their local exchange networks for the purposes of
transmission and termination of Local Traffic (as hereinafter defined), so that customers of each
can receive calls that originate on the other's network and place calls that terminate on the
other'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 lnterconnection points;
and
WHEREAS, the Parties wish to set forth terms for the purchase of Unbundled Network
Elements, Resale, Additional Services and for Collocation arrangements for the provision of
Telecommunications Services; and
NOW, THEREFORE, in consideration of the mutual provisions contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
without waiving any reservation of rights set forth herein, CenturyLink and CenturyLink
Communications, LLC, hereby covenant and agree as follows:
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ARTICLE I. DEFINITIONS
GENERAL RULES
1.1 Unless the context clearly indicates otherwise, the definitions set forth in this
Article of this Agreement shall apply to the entire Agreement and all attachments
incorporated by reference herein into this Agreement. A defined term intended to
convey the meaning stated in this Agreement is capitalized when used.
1.2 Additional definitions that are specific to the matters covered in a particular
Article, attachment or provision may appear in that Article, attachment or
provision. To the extent that there is any difference of interpretation between a
definition set forth in this Agreement and any definition in a specific Article,
attachment or provision, the definition set forth in the specific Article, attachment
or provision shall control with respect to that Article, attachment or provision.
1.3 Capitalized terms that are not otherwise defined in this Article or elsewhere within
the Agreement but are defined in the Telecommunications Act of 1996 (Act)
and/or the orders and rules implementing the Act shall have the meaning set
forth in the Act or in such orders and rules.
1.4 Terms used in a Tariff shall have the meanings stated in the Tariff.
1.5 Unless the context clearly indicates otherwise, any term defined in this
Agreement which is defined or used in the singular shall include the plural, and
any term defined in this Agreement which is defined or used in the plural shall
include the singular.
1.6 The words "shall" and "will" are used interchangeably throughout the Agreement
and the use of either indicates a mandatory requirement. The use of one or the
other shall not confer a different degree of right or obligation for either Party.
DEFINITIONS
911 Service or 911: Basic 91 1 Service provides a caller access to the appropriate PSAP
by dialing a 3-digit universal telephone number (911). As used in this Agreement,
references to 911 Service shall include E911 as defined herein, as appropriate.
911 Service Provider: A 911 System Service Provider furnishes systems and support
necessary to enable 9-1-1 calling for one or more PSAPs in a specific geographic area.
911 Trunk: A trunk capable of transmitting a 9-1-1 dialed call to the Selective Router,
and used for the single purpose of transmission of 9-1-1 calls in accordance with
applicable NENA Standards.
Access Service Request (ASR): The Ordering and Billing Forum document designated
by CenturyLink to be used by the Parties to add, establish, change or disconnect
services or trunks for the purpose of providing special access, Switched Access
Services, and lnterconnection.
Access Services: lnterstate and intrastate Switched Access Services, Special Access
and/or Private Line services, as appropriate.
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1.
2.
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Access Tandem Switch: A Local Exchange Carrier (LEC) switching system that is used
to connect and switch trunk circuits between and among the LEC's Central Office
netwo rk a nd I nterexchange Carriers' networks.
Act or the Act: The Communications Act of 1934, as amended by the
Telecommunications Act of 1996, and as amended from time to time and codified at 47
U.S.C. SS151, et seq.
ACTL: Access Customer Terminal Location as defined by Telcordia.
Advanced Services: Means intrastate or interstate wireline Telecommunications
Services (including, but not limited to, ADSL, IDSL, xDSL, Frame Relay and Cell Relay)
that rely on packetized, Packet Switched or other technology that enable users to
originate and receive high-quality voice, data, graphics and/or video telecommunications
using any technology.
Affiliate: Shall have the meaning set forth in $153(1) of the Act.
ALI Database: A database which stores information associated with End User
customers' telephone numbers or shell records.
Applicable Law: Shall mean all effective laws, statutes, common law, governmental
regulations, ordinances, codes, rules, guidelines, orders, permits and approvals of any
governmental authority (including, without limitation, the Commission and the FCC) that
relate to the respective rights and obligations of each Party as of the Effective Date
(Applicable Rules) or as subsequently revised.
As-ls Transfer (AlT): The transfer of all Telecommunications Services and features
available for resale that are currently being provided for a specific account, without the
requirements of a specific enumeration of the services and features on the Local Service
Request (LSR), with all such services being provided "as is.
Automated Messaqe Accountinq (AMA): The structure inherent in switch technology
that initially records telecommunication message information. AMA format is contained
in the Automated Message Accounting document, published by Telcordia Technologies
as GR-1 100-CORE, which defines the industry standard for message recording.
Automatic Location ldentification (ALl): A record that includes the subscriber's name
(identified by ANI), street address, emergency service number and other predetermined
information associated with the E-911 caller's telephone number, which is forwarded to
the PSAP for display. Additional telephones with the same number as the calling party's
(secondary locations, off-premise extensions, etc.); will be identified with the service
address of the calling party's listed number.
Automatic Number ldentification (ANl): A telephone number associated with the access
line from which the call originates, used for selective routing and for display at a Public
Safety Answering Point (PSAP) to identify the caller. lt is the key field in the ALI
database. Any reference to ANI in this Agreement shall be deemed to be inclusive of
pANl, as appropriate.
Bill Date: The date when a CenturyLink service is billed and/or invoiced to a customer.
The Bill Date is generally the date one (1) day past the billing cycle close date and will
appear on any such bill or invoice.
Bill Due Date: The date that payment for a bill or invoice is due. The Bill Due Date shall
be the date thirty (30) Days from the Bill Date.
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Bona Fide Request (BFR): The process CenturyLink Communications LLC,, must use
(1) to submit a request to obtain access to a Network Element to which CenturyLink is
required to provide access on an unbundled basis under Applicable Law, but which
Network Element is new, undefined or not otherwise available under the terms of this
Agreement; (2) when facilities and equipment are not Currently Available; (3) when
CenturyLink Communications LLC,, requests that CenturyLink provide a Network
Element on an unbundled basis that is superior or inferior in quality than those that
CenturyLink provides to itself; and (4) to request certain other services, features,
capabilities or functionality defined and agreed upon by the Parties as services to be
ordered via the BFR process on an individual case basis (lCB),
Business Pav: Monday through Friday, except for company holidays on which
CenturyLink is officially closed for business.
Carrier Access Billinq Svstem (CABS): The system which is defined in a document
prepared under the direction of the Billing Committee of the OBF. The CABS document
is published by Telcordia, and contains the recommended guidelines for the billing of
access and other connectivity services.
Central Office (CO): A telephone company Building where customer lines are joined to a
switch or switches for connection to the Public Switched Telephone Network (PSTN).
Central Office Buildinq or Buildinq: Structure (not including a controlled environment
vault (CEV)) housing Centurylink network equipment that is under the control of
CenturyLink and for which CenturyLink has the right to grant access and/or occupation
by third parties.
Central Office Switch: A switch used to provide Telecommunications Services including
(1) End Office Switches which are Class 5 switches from which End User Telephone
Exchange Services are connected and offered, directly or through subtending Remotes,
and (2) Tandem Office Switches which are Class 4 switches used to connect and switch
trunk circuits between and among Central Office Switches. Central Office Switches may
be employed as combination End Officeffandem Office Switches (combination Class
5/Class 4).
Centrex: A Telecommunications Service associated with a specific grouping of lines that
uses central office switching equipment for call routing to handle direct dialing of calls,
and to provide numerous private branch exchange-like features.
CenturvLink Operatinq Companv (CTOC) or CenturvLink: The CenturyLink Operating
Company in the State that is an individual, separate legal entity Party to this Agreement.
Certificate of Operatinq Authoritv: A certification by the State Commission that
CenturyLink Communications LLC,, has been authorized to operate within the State as a
provider of local Telephone Exchange Services within CenturyLink's local service area;
in many states this certification is known as a Certificate of Public Convenience and
Necessity.
CIC: An acronym for Carrier ldentification Code.
CLASS: An acronym for Custom Local Area Signaling Services. CLASS is based on
the availability of Common Channel Signaling (CCS). CLASS consists of number-
translation services such as call-forwarding and caller identification, available within a
local exchange. CLASS is a service mark of BeLLC,ore, now Telcordia.
CLLI Codes: Common Language Location ldentifier Codes.
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Collocation: An arrangement whereby a requesting Telecommunications Carrier may
locate equipment necessary for lnterconnection or access to Unbundled Network
Elements at CenturyLink Central Offices for the purposes of interconnecting with
CenturyLink's network or for accessing CenturyLink's Unbundled Network Elements
pursuant to the lnterconnection obligations under the Act as codified in 47 C.F.R. $51.
Comminole: The act of Commingling.
Comminqlinq: The connecting, attaching, or otherwise linking of an unbundled Network
Element, or a combination of unbundled Network Elements, to one or more facilities or
services that CenturyLink Communications LLC, has obtained at wholesale from
CenturyLink or the combining of an unbundled Network Element, or a combination of
unbundled Network Elements with one or more such facilities or services.
Commission: The State Public Service or Public Utility Commission, as applicable.
Common Channel Siqnalinq (CCS): A high-speed, specialized, packet-switched
communications network that is separate (out-of-band) from the public packet-switched
and message networks. CCS carries addressed signaling messages for individual trunk
circuits and/or database-related services between Signaling Points in the CCS network
using SS7 signaling protocol.
Common TransporU Common Tandem Trunks: A local interoffice transmission path
between End Office Switches, between End Office Switches and Tandem Switches and
between Tandem Switches in CenturyLink's network. Common Transport paths /
Common Tandem Trunks are shared between multiple customers and are required to be
switched at the Tandem Switch.
Companv ldentifier or Companv lD: A three to five (3 to 5) character identifier that
distinguishes the entity providing voice service (e.9. wireline, wireless, VolP, etc.) to the
End User. The company identifier registry is maintained by NENA in a nationally
accessible database.
Comoetitive Local Exchanqe Carrier: As defined in $153(26) of the Act, authorized to
provide Telephone Exchange Services or Exchange Access services in competition with
an ILEC.
Competitive Local Exchanqe Carrier Profile: A CenturyLink form required to be
completed and submitted to CenturyLink by any Telecommunications Carrier requesting
to interconnect or exchange traffic with CenturyLink's network, requesting unbundled
access to CenturyLink's Network Elements, or the ability to initiate any order submission
to Centurylink. Among other things, a Telecommunication Carrier is required to provide
CenturyLink, on the Competitive Local Exchange Carrier Profile, the following: its
Operating Company Number (OCN), Company Code (CC), and Access Carrier Name
Abbreviation (ACNA).
Contract Year: A twelve (12) month period during the term of the Agreement
commencing on the Effective Date and each anniversary thereof.
Copper Loop: A stand-alone Local Loop comprised entirely of copper wire or copper
cable. Copper Loops include two-wire and four-wire analog voice-grade Copper Loops,
digital Copper Loops (e.9., DS0s and integrated services digital network lines), as well
as two-wire and four-wire Copper Loops conditioned to transmit the digital signals
needed to provide digital subscriber line services, regardless of whether the Copper
Loops are in service or held as spares. A Copper Loop includes attached electronics
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using Time Division Multiplexing (TDM) technology, but does not include packet, cell or
frame switching capabilities.
Currentlv Available: Existing as part of CenturyLink's network at the time of a requested
order or service. Currently Available does not include any service, Network Element,
facility, feature, function or capability that CenturyLink either does not provide to itself or
to its own End Users, does not have the capability to provide, or is not required to
provide on a resold or unbundled basis under Applicable Law.
Custom Callinq Features: A set of Telecommunications Service features available to
residential and single-line business customers including call-waiting, call-forwarding and
three-party calling.
Customer Proprietarv Network lnformation (CPNI): Shall have the meaning set forth in
47 U.S.C. $222 and shall also include any additional information specified pursuant to
State law.
Customer Service Record (CSR): A record detailing the services to which an End User
subscribes from its telecommunications provider(s).
Customer Service Record Search: A process requested by CenturyLink
Communications LLC, that typically searches for basic account information,
listing/directory information, service and equipment listing, and billing information for a
customer, CenturyLink Communications LLC, must have obtained proper authorization
from the End User prior to requesting a Customer Service Record Search. A Customer
Service Record Search will be obtained by means of a LSR where such request is
permitted by the provisions of this Agreement.
Dark Fiber: Fiber within an existing fiber optic cable that has not been activated through
optronics to render it capable of carrying a Telecommunications Service.
Dark Fiber Transport: CenturyLink's unactivated optical interoffice transmission
facilities, that are within CenturyLink's network and connect CenturyLink switches or
Wire Centers within the same LATA and State. Dark Fiber Transport does not include
transmission facilities between the CenturyLink network and CenturyLink
Communications LLC,'s network or the location of Centurylink Communications LLC,'s
equipment.
Database Manaqement Svstem (DBMS): A system of manual procedures and computer
programs used to create, store and update the data required to provide Selective
Routing and/or Automatic Location ldentification for 911 systems.
Dav: A calendar day unless otherwise specified.
Dedicated Transoort: UNE transmission path between one of CenturyLink's Wire
Centers or switches and another of CenturyLink's Wire Centers or switches within the
same LATA and State or CenturyLink interoffice transmission facilities that are dedicated
to a particular customer or carrier.
Default: A Party's violation of any material term or condition of the Agreement, or refusal
or failure in any material respect to properly perform its obligations under this
Agreement, including the failure to make any undisputed payment when due. A Party
shall also be deemed in Default upon such Party's insolvency or the initiation of
bankruptcy or receivership proceedings by or against the Party or the failure to obtain or
maintain any certification(s) or authorization(s) from the Commission which are
necessary or appropriate for a Party to exchange traffic or order any service, facility or
arrangement under this lCA, or notice from the Party that it has ceased doing business
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in this State or receipt of publicly available information that signifies the Party is no
longer doing business in this State.
Demarcation Point: The Demarcation Point shall have the meaning set forth in 47
c.F.R. 568.105.
Diqital Subscriber Line Access Multiolexer (DSLAM): Equipment that links End User
xDSL connections to a single packet switch, typically ATM or lP.
Direct Trunked Transport (DTT): A DS1 or DS3 interoffice facility that connects the
CenturyLink Serving Wire Center of the CLEC's Local lnterconnection Entrance Facility
or Collocation to the terminating CenturyLink Tandem or End Office used exclusively for
the transmission and routing of Telephone Exchange Service and Exchange Access.
Disputed Amounts: An amount or any portion of bill or invoice sent to a Party that the
billed Party contends, in good faith, is not due and payable. For an amount to qualify as
a Disputed Amount, the billed Party must provide written notice to the billing Party of the
nature and amount of the disputed charge(s) using the process and time period
established by the billing Party.
DS-1 : A service having an absolute digital signal speed of 1.544 Mbps.
DS-3: A service having an absolute digital signal speed of 44.736 Mbps.
Duct: A pipe, tube or conduit through which cables or wires are passed.
Dvnamic 911: The provision of E911 service utilizing a call processing arrangement with
pseudo ANls for non call-path associated signaling and routing commonly associated
with the delivery of mobile, nomadic or out-of-region calls.
E911 Customer or PSAP Ooerator: A municipality or other state or local governmental
unit, or an authorized agent of one or more municipalities or other state or local
government units to whom authority has been lawfully delegated to respond to public
emergency telephone calls, at a minimum, for emergency police and fire service through
the use of one telephone number, 911.
E-911 or Enhanced 911 Service or E911 Service: A telephone system which includes
network switching, data base and PSAP premise elements capable of providing ALI
data, selective routing, selective transfer, fixed transfer, and a call back number.
EAS (Extended Area Service): For purposes of this Agreement, EAS will be interpreted
generically as commonly used within the telecommunications industry to mean any
expanded or extended local calling area that is set forth in a Party's tariff, regardless of
service name, that meets commission specifications for the provision of local calling to a
wider area beyond the exchange with reduced (or without) long distance or toll charges.
It can be a flat rate, message or measured and can also be zoned. An EAS calling plan
that is required or mandated by the FCC or the Commission is referred to as a
"mandatory" EAS irrespective of whether or not mandatory EAS area is only available to
end users who affirmatively elect or opt to take advantage of such wider local calling
area and irrespective of whether such end users must pay an additional charge in order
to have the benefit of such mandatory EAS area. Optional EAS is an EAS calling plan
that is not required or mandated by the FCC or a Commission but is voluntarily offered
by a Party.
Effective Date: The date of Commission approval of the Agreement.
Electronic lnterface: Direct access to Operations Support Systems consisting of
preordering, ordering, provisioning, maintenance and repair and billing functions.
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Emerqency Services: Law enforcement, fire, ambulance, rescue, and medical services.
Emerqencv Service Number (ESN): A three to five digit number that represents a unique
combination of Emergency Services in one or more ESZs.
Emerqencv Services Querv Kev (ESQK): The ESQK identifies a call instance at a voice
positioning center (VPC), and is associated with a particular SR/ESN combination per
NENA standards. The ESQK is expected to be a ten-digit North American Numbering
Plan number.
Emerqencv Service Zone (ESZ): A geographical area that represents a unique
combination of Emergency Services that are within a PSAP jurisdiction.
End Office: The telephone company office from which the End User receives exchange
service.
End Office Switch: A switching machine that terminates traffic to and receives traffic
from End Users purchasing local Telephone Exchange Service. A PBX is not
considered an End Office Switch.
End User: Any third party retail customer that subscribes to, and does not resell to
others, a service provided by (i) a Party to this Agreement; or (ii) a wholesale customer
of a Party, where the service provided by such Party's wholesale customer is derived
from a Telecommunications Service provided to such Party by the other Party. Unless
otherwise specified, a reference to a Party's End Users shall be deemed to refer to
either (i) or (ii) above. As used herein, End User does not include any of the Parties to
this Agreement with respect to any item or service obtained under this Agreement, nor
any lnterexchange Carrier (lXC), Competitive Access Provider (CAP) or Commercial
Mobile Radio Service (CMRS) provider (also known as a Wireless Carrier) or their retail
customers.
Enhanced Extended Link (EEL): The combination of Unbundled Network Elements in
the CenturyLink Network consisting of a UNE Local Loop(s) and UNE Dedicated
Transport, together with any facilities, equipment, or functions necessary to combine
those UNEs (including, for example, multiplexing capabilities and the NlD.
Enhanced Service Provider (ESP): A provider of enhanced services as those services
are defined in 47 C.F.R. 564.702. An lnternet Service Provider (lSP) is an Enhanced
Service Provider.
Exchanqe Access: Shall have the meaning set forth in $153(16) the Act.
Exchanqe Messaqe lnterface (EMl): The standard used for the exchange of
telecommunications message information among Telecommunications Carriers for
billable, non-billable, sample, settlement, and study data. An Exchange Message
lnterface (EMl) was formerly known as an Exchange Message Record (EMR).
FCC: The Federal Communications Commission.
Federal Universal Service Charqe (FUSC): An End User charge that allows a
Telecommunications Carrier to recover certain costs of its universal service contributions
from its customers.
Federal Universal Service Fund (FUSF): A fund administered by the National Exchange
Carriers Association (NECA) into which Telecommunications Carriers pay their FUSF
contributions.
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Fiber-to-the-curb Loop (FTTC Loop): A Local Loop consisting of fiber optic cable
connecting to a copper distribution plant that is not more than five hundred (500) feet
from the customer's premises or, in the case of predominantly residential multiple
dwelling units (MDUs), not more than five hundred (500) feet from the MDU's minimum
point of entry (MPOE). The fiber optic cable in a fiber-tothe curb Local Loop must
connect to a copper distribution plant at a serving area interface from which every other
copper distribution subloop also is not more than five hundred (500) feet from the
respective customer's premises..
Fiberto-the-home Loop (FTTH Looo): A Local Loop consisting entirely of fiber optic
cable, whether dark or lit, and serving an End User's customer premises or, in the case
of predominantly residential MDUs, a fiber optic cable, whether dark or lit, that extends
to the multiunit premises' MPOE.
Grandfathered Service: A service which is no longer available for new customers and is
limited to the current customer at their current locations with certain provisioning
limitations, including but not limited to upgrade denials, feature adds/changes and
responsible/billing party.
Hybrid Looo: A Local Loop composed of both fiber optic cable, usually in the feeder
plant, and copper wire or cable, usually in the distribution plant.
Incumbent Local Exchanqe Carrier (ILEC): Shall have the meaning set forth in 47
u.s.c. s251(h).
lndirect Network Connection: A method of interconnection for the exchange of Local
Traffic between two Telecommunications Carriers where the networks of such
Telecommunications Carriers are not directly connected.
lnformation Service: Shall have the meaning defined in 47 U.S.C. S153(20).
lnformation Service Provider: A provider of lnformation Service. lnformation Service
Provider includes, but is not limited to, lnternet Service Providers (lSPs).
lnformation Service Traffic: Traffic delivered to or from an lnformation Service Provider
for the provision of lnformation Service. ISP-Bound Traffic is a subset of lnformation
Service Traffic,
lnside Wire or lnside Wirinq: Wiring within the customer premises that extends to the
Demarcation Point of CenturyLink's outside plant. lnside Wire is owned or controlled by
the End User (unless otherwise specified herein or under Applicable Law.
lntellectual Propertv: Means (a) inventions (whether patentable or unpatentable and
whether or not reduced to practice), all improvements thereto, patents, patent
applications and patent disclosures, and all re-issuances, continuations, revisions,
extensions and re-examinations thereof, (b) trademarks, service marks, trade dress,
logos, trade names, domain names and corporate names, and translations, adaptations,
derivations and combinations thereof and goodwill associated therewith, and all
applications, registrations and renewals in connection therewith, (c) copyrightable works,
copyrights and applications, registrations and renewals relating thereto, (d) mask works
and applications, registrations and renewals relating thereto, (e) trade secrets and
confidential business information (including ideas, research and development, know-
how, formulae, compositions, manufacturing and production processes and techniques,
technical data, designs, drawings, specifications, customer and supplier lists, pricing and
cost information, and business and marketing plans and proposals), (f) computer
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software (including data and related documentation), (g) other proprietary rights, and (h)
copies and tangible embodiments thereof (in whatever form or medium).
lntellectual Propertv Claim: Any actual or threatened claim, action or proceeding relating
to lntellectual Property.
lnterconnection: Shall havethe meaning setforth in 47 C.F.R. 551.5, and refers, in this
Agreement, to the linking of two networks for the mutual exchange of traffic. This term
does not include the transport and termination of traffic.
lnterconnection Facilitv: The physical connection of separate pieces of equipment and
transmission facilities within, between and among networks, for the transmission and
routing of Telephone Exchange Service and Exchange Access, subject to the trunking
requirements and other terms and provisions of this Agreement.
lnterexchanqe Carrier (lXC): A carrier that provides, directly or indirectly, lnterLATA or
lntraLATA Telephone Toll Service.
lnterexchanqe Service: Telecommunications service between stations in different
exchange areas.
lnterLATA Toll Traffic: Telecommunications traffic between a point located in a LATA
and a point located outside such LATA.
lnternet Service Provider (lSP): An Enhanced Service Provider that provides lnternet
services and is defined in paragraph 341 of the FCC's First Report and Order in CC
Docket No.97-158.
lntraLATA Toll Traffic: Telecommunications traffic between two locations within one
LATA where one of the locations lies outside of the originating or terminating
CenturyLink Local Calling Area as defined in CenturyLink's local exchange Tariff on file
with the Commission.
lntraLATA LEC Toll Traffic: means lntraLATA Toll traffic originated by the End Users of
CenturyLink Communications LLC, acting in its capacity as a Local Exchange Carrier
and not in its capacity as, or on behalf of, an lXC.
lnteqrated Services Diqital Network (ISDN) User Part (ISUP): A part of the SS7 protocol
that defines call setup messages and calltakedown messages.
ISP-Bound Traffic: For purposes of this Agreement, traffic that is transmitted to an
lnternet Service Provider ('lSP") who is physically located in an exchange within the
same LCA of the originating End User, consistent with the ISP Remand Order (FCC 01-
131), 16 FCC Rcd. 9151 (2001). ISP-Bound Traffic does not include any VNXX Traffic.
Jointlv Provided Switched Access Service Traffic: Traffic where both CenturyLink's
network and CenturyLink Communications LLC,'s network are used to originate
Switched Access Service traffic by an End User to be delivered to an lnterexchange
Carrier (lXC) for call completion, or where both CenturyLink's network and CenturyLink
Communications LLC,'s network are used to terminate Switched Access Service traffic
delivered by an IXC to an End User.
Line Side: Refers to an End Office Switch connection that is connected to an ordinary
telephone station set, including the connection between a Local Loop termination at, for
example, a Main Distribution Frame (MDF) and a switch line card. Line Side
connections offer only those transmission and signaling features appropriate for the
connection between an End Office and an ordinary telephone set, and cannot be used
for the direct connection of switching entities.
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Local Access and Transport Area (LATA): Shall have the meaning set forth in $153(25)
of the Act.
Local Callinq Area (LCA): The CenturyLink local exchange area, or mandatory
Extended Area Service (EAS) exchanges, as required by a State Commission or as
defined in CenturyLink's local exchange Tariffs.
Local Exchanqe Carrier (LEC): Shall have the meaning set forth in $153(26) of the Act.
Local Exchanoe Routinq Guide (LERG): The Telcordia Technologies reference
customarily used to identify NPA-NXX routing and homing information, as well as
equipment designation.
Local lnterconnection Trunk or Local lnterconnection Trunk Grouo: One-way or two-way
trunks or trunk groups used to exchange Local Traffic between a switch of one Party and
a switch of the other Party.
Local lnterconnection Entrance Facilitv: A DS1 or DS3 facility that extends from CLEC's
Switch location or other CLEC Premises to the CenturyLink Serving Wire Center for that
CLEC Switch or Premises. A Local lnterconnection Entrance Facility may not extend
beyond the area served by the CenturyLink Serving Wire Center.
Local Loop: A transmission facility between a Main Distribution Frame [cross-connect],or its equivalent, in a CenturyLink Central Office or Wire Center, including Remote
offices, and up to the Demarcation Point at a customer's premises, to which CenturyLink
Communications LLC,is granted exclusive use. This includes all electronics, optronics
and intermediate devices (including repeaters and load coils) used to establish the
transmission path to the customer premises. Local Loops include Copper Loops, Hybrid
Loops, DS1 loops, DS3loops, and FTTC Loops.
Local Service Request (LSR): The Ordering and Billing Forum document designated by
CenturyLink to be used by the Parties to establish, add, change or disconnect local
Telecommunications Services and Unbundled Network Elements for the purpose of
providing competitive local Telecommunications Services. Sometimes referred to as a
Service Order.
Local Traffic: Traffic, including VoIP-PSTN Traffic, that is originated by an End User of
one Party who is physically located in a CenturyLink Local Calling Area on that Party's
network and terminated to an End User of the other Party who is physically located in
the same Local calling Area on that Party's network. Pursuant to the FCC's clarifying
orders, Local Traffic includes lnformation Service Traffic only to the extent that the End
User and the lnformation Service Provider are physically located in the same
CenturyLink Local Calling Area. Local Traffic for purposes of intercarrier compensation
does not include: (1) any ISP-Bound Traffic; (2) any trafficthat does not originate and
terminate within the same CenturyLink Local Calling Area (3) Toll Traffic, including, but
not limited to, calls originated on a 1+ presubscription basis, or on a casual dialed
(10XXX101XXXX) basis; (4) flat-rated toll plans voluntarily offered by a Party,
sometimes referred to as "optional" EAS; (5) special access, private line, Frame Relay,
ATM, or any other traffic that is not switched by the terminating Party; (6) Transit Traffic;
(7) VNXX traffic; or, (8) Enhanced Services Provider traffic.
Local VolP-PSTN Traffic is VolP-PSTN Traffic that physically originates and terminates
within the CenturyLink Local Calling Area, or mandatory Extended Area Service (EAS)
area, as defined by the Commission or, if not defined by the Commission, then as
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defined in existing CenturyLink Tariffs, and shall be considered to be "Local Traffic" as
such term is used in this Agreement.
Looo Facilitv Charqe: An additional charge applied to all LSRs when fieldwork is
required to provide unbundled Local Loop service. Loop Facility Charge is applied on a
per LSR basis.
Loop Qualification: An OSS function that includes supplying Local Loop qualification
information to CenturyLink Communications LLC, as part of the Pre-ordering Process.
Examples of the type of information provided are:
Composition of the loop material, i.e. fiber optics, copper;
Existence, location and type of any electronic or other equipment on the Local
Loop, including but not limited to:
a. Digital Loop Carrier (DLC) or other remote concentration devices;
b. Feeder/distribution interfaces;
c. Bridge taps;
d. Load coils;
e. Pair gain devices; or
f. Distributers in the same or adjacent binders.
Loop length which is an indication of the approximate loop length, based on a 26-
gauge equivalent and is calculated on the basis of Distribution Area distance
from the central office;
Wire gauge or gauges; and
Electrical parameters.
Main Distribution Frame (MDF): A distribution frame or equivalent at the Central Office
where ports inside such Central Office connect to an outside transmission facility.
Main Street Address Guide (MSAG): A data base of street names and house number
ranges within their associated communities defining ESZs and their associated ESNs to
enable proper routing of 911 calls.
Mass Callinq Trunks: Trunks designed to handle high call volumes for a wide range of
applications, with or without caller interaction with lnteractive Voice Response or touch-
tone navigation. Mass Calling Trunks typically are associated with television or radio
and allow customers to use their telephone to express an opinion, such as voting on
interactive television shows, public opinion polling, surveys, information and contests
using a virtual call center.
Meet Point: A point, designated by the Parties, at which one Party's responsibility for
service begins and the other Party's responsibility ends.
Mid-Span Fiber Meet: An lnterconnection architecture whereby two carriers' fiber
transmission facilities meet at a mutually agreed upon point for the mutual exchange of
traffic, subject to the trunking requirements and other terms and provisions of this
Agreement. The "point" of lnterconnection for purposes of $$251(c)(2) and 251(c)(3)
remains on CenturyLink's network and is limited to the lnterconnection of facilities between
the CenturyLink Serving Wire Center and the location of the CLEC switch or other equipment
located within the area served by the CenturyLink Serving Wire Center
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Minutes of Use: Shall be abbreviated as MOU.
Multiple Exchanqe Carrier Access Billino (MECAB): The document prepared by the
Billing Committee of the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
lndustry Solutions (ATIS). The currently effective version of the MECAB document,
published by ATIS (0401004-00XX), contains the recommended guidelines for the billing
of an access service provided by two or more LECs, or by one LEC in two or more
states within a single LATA.
Multiple Exchanqe Carriers Orderinq and Desiqn Guidelines for Access Services -
lndustrv Support lnterface (MECOD): A document developed by the
Ordering/Provisioning Committee under the auspices of the Ordering and Billing Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the
Alliance for Telecommunications lndustry Solutions (ATIS). The currently effective
version of the MECOD document, published by ATIS (0404120-00XX), establishes
methods for processing orders for access service that is to be provided by two or more
LECs.
National Emerqencv Number Association (NENA): A not-for-profit corporation
established in 1982 to further the goal of "One Nation-One Number" for emergency calls.
NENA is a networking source and promotes research, planning, and training. NENA
strives to educate, set standards and provide certification programs, legislative
representation and technical assistance for implementing and managing 911 systems.
Network Element: Shall have the meaning set forth in $153(29) of the Act.
Network lnterface Device (NlD): A stand-alone Network Element defined as any means
of interconnecting lnside Wiring to CenturyLink's distribution plant, such as a cross-
connect device used for that purpose. This includes all features, functions, and
capabilities of the facilities used to connect the Local Loop to End User lnside Wiring,
regardless of the specific mechanical design. The NID houses the protector from which
the Demarcation Point between the Local Loop (inclusive of the NID) and the End User's
lnside Wire is established pursuant to 47 C.F.R. 568.105. For purposes of this
definition, the phrase "End User Access Side of the NlD" is descriptive and does not
convey any ownership or usage rights.
North American Numberinq Plan (NANP): The system of telephone numbering
employed in the United States, Canada, and Caribbean countries for the allocation of
unique 10-digit directory numbers consisting of a three-digit area code, a three-digit
office code, and a four-digit line number. The plan also extends to format variations,
prefixes, and special code applications. NANP also sets rules for calls to be routed
across these countries.
Numberino Plan Area (NPA): Also sometimes referred to as an "area code," an NPA is
the three-digit indicator, which is defined by the "A', "8", and "C" digits of each 10-digit
telephone number within the NANP. Each NPA contains 800 possible NXX Codes.
There are two general categories of NPA: "Geographic NPAs" and "Non-Geographic
NPAs". A Geographic NPA is associated with a defined geographic area, and all
telephone numbers bearing such NPA are associated with services provided within that
geographic area. A Non-Geographic NPA, also known as a "Service Access Code" or
"SAC Code" is typically associated with a specialized Telecommunications Service that
may be provided across multiple geographic NPA areas. 800, 900, 700, and B8B are
examples of Non-Geographic NPAs.
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Number Portabilitv (NP): The ability of users of Telecommunications Services to retain,
at the same location, existing telecommunications numbers without impairment of
quality, reliability, or convenience when switching from one Telecommunications Carrier
to another
NXX, NXX Code, Central Office Code or CO Code: The three-digit switch entity
indicator that is defined by the "D", "E", and "F" digits of a ten-digit telephone number
within the NANP. Each NXX Code contains 10,000 station numbers.
Orderinq and Billinq Forum (OBF): An industry committee functioning under the
auspices of the Alliance for Telecommunications lndustry Solutions (ATIS).
Operations Support Svstems (OSS): The pre-ordering, ordering, provisioning,
maintenance and repair, and billing functions supported by CenturyLink's databases and
information.
Packet Switchinq or Packet Switched: The routing or forwarding of packets, frames,
cells, or other data units based on address or other routing information contained in the
packets, frames, cells or other data units, and the functions that are performed by the
digital subscriber line (DSL) access multiplexers, including but not limited to the ability to
terminate an End User's Copper Loop (which includes both a low-band voice channel
and a high-band data channel, or solely a data channel); the ability to forward the voice
channels, if present, to a circuit switch or multiple circuit switches; the ability to extract
data units from the data channels on the loops; and the ability to combine data units
from multiple loops onto one or more trunks connecting to a packet switch or packet
switches.
Paritv: Means subject to the availability, development and implementation of necessary
industry standard Electronic lnterfaces, the provision by CenturyLink of services,
Network Elements or functionality under this Agreement to CenturyLink Communications
LLC, including provisioning and repair, at least equal in quality to those offered to
CenturyLink, its Affiliates or any other entity that obtains such services, Network
Elements or functionality unless otherwise set forth in Applicable Law. Until the
implementation of necessary Electronic lnterfaces, Centurylink shall provide such
services, Network Elements or functionality on a non-discriminatory basis to CenturyLink
Communications LLC, as it provides to its Affiliates or any other entity that obtains such
services, Network Elements or functionality.
Partv or Parties: Shall mean CenturyLink, as described in the first paragraph of this
Agreement, or Centurylink Communications LLC, depending on the context and no
other entity, Affiliate, Subsidiary or assign. "Parties" refers collectively to both
CenturyLink and CenturyLink Communications LLC, and no other entities, Affiliates,
Subsidiaries or assigns.
Percentaqe Local Use (PLU): A percentage calculated by dividing the number of
minutes of Local Traffic originated or terminated by the total number of minutes
respectively originated or terminated via Local lnterconnection Trunks, except that
directory assistance, BLV/BLVI, 900 and 976, Transit Traffic and |XC-carried calls are
not included in the calculation of PLU.
Physical Collocation: An offering by Centurylink that enables a requesting
Telecommunications Carrier to enter upon a CenturyLink Premises, subject to
reasonable terms and conditions, and place its own equipment to be used for
lnterconnection or access to Unbundled Network Elements within or upon an ILEC's
Premises and to use such equipment to interconnect with CenturyLink's network
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facilities for the transmission and routing of Telephone Exchange Service, Exchange
Access Service, or both, or to gain access to CenturyLink's UNEs for the provision of a
Telecommunications Service, as provided in this Agreement, with space for such
purposes allotted on a first-come, first-served basis;
Point of Interconnection (POl): A point on CenturyLink's network where the Parties
deliver lnterconnection traffic to each other, and also serves as a demarcation point
between the facilities that each Party is financially responsible to provide. The POI also
establishes the interface, the test point, and the operational responsibility hand-off
between CenturyLink Communications LLC, and CenturyLink for the lnterconnection of
their respective networks.
Premises: A Party's Central Offices and serving Wire Centers; all buildings or similar
structures owned, leased, or otherwise controlled by a Party that house its Network
Facilities; all structures that house a Party's facilities on public Rights-of-Way, including
but not limited to vaults containing loop concentrators or similar structures; and all land
owned, leased or otherwise controlled by a Party that is adjacent to these Central
Offices, Wire Centers, Buildings and structures.
Pseudo-ANl (pANl): A ten digit number that is used in place of ANI for E911 call routing
and the delivery of dynamic ALI information (e.9. to identify a wireless cell, cell sector, or
PSAP to which the call should be routed). For purposes to this Agreement, references
to pANl shall include Emergency Services Query Key (ESQK), Emergency Services
Routing Digit (ESRD) and Emergency Service Routing Key (ESRK), as appropriate.
Public Safetv Answerinq Point (PSAP): An entity to whom authority has been lawfully
delegated to respond to public emergency telephone calls originating in a defined
geographic area, and may include public safety agencies such as police, fire, emergency
medical, etc., or a common bureau serving a group of such entities. A PSAP may act as
a primary or secondary, which refers to the order in which calls are directed for
answering. Primary PSAP is the PSAP to which 911 calls are routed directly from the
Selective Router and Secondary PSAPs receive calls transferred from the primary
PSAP.
Rate Center: The specific geographic area that is associated with one or more particular
NPA-NXX Codes that have been assigned to a LEC for its provision of basic exchange
Telecommunications Services. The "Rate Center area" is the exclusive geographic area
identified as the area within which Centurylink or Centurylink Communications LLC, will
provide Basic Exchange Telecommunications Services bearing the particular NPA-NXX
designations associated with the specific Rate Center.
Ratinq Point: The finite geographic point identified by a specific Vertical and Horizontal
(V&H) coordinates assigned to a Rate Center and associated with a particular telephone
number for rating purposes. The Rating Point must be in the same LATA as the Routing
Point of the associated NPA-NXX as designated in the LERG, but need not be in the
same location as the Routing Point.
Reciprocal Compensation: As defined under 47 U.S.C.
Remote Switch or Remote: A switch that directly terminates traffic to and receives traffic
from End Users of local Telephone Exchange Services, but does not have the full
features, functions and capabilities of an End Office Switch. Such features, functions,
and capabilities are provided to a Remote Switch via an interswitch link from a host End
Office.
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Routine Network Modifications: An activity that CenturyLink regularly undertakes for its
own customers, as more particularly described in Section 80.
Routinq Point: A location that a LEC has designated on its own network as the homing
or Routing Point for traffic in-bound to Telephone Exchange Service provided by the
LEC which bears a certain NPA-NXX designation. The Routing Point is used to
calculate airline mileage measurements for the distance-sensitive transport element
charges. Pursuant to Telcordia Technologies Practice 8R795-100-100, the Routing
Point may be an End Office location, or a "LEC Consortium Point of lnterconnection."
The Routing Point must be in the same LATA as the associated NPA-NXX.
Selective Router (SR): The equipment used to route 911 calls to the proper PSAP, or
other designated destinations, based upon the caller's location information and other
factors.
Service Affectinq: A "Service Affecting" issue or dispute shall mean that such issue or
dispute, unless resolved, places a Party's End User in immediate or imminent risk of not
being able to use the service to which that End User subscribes.
Service Order: An order submitted by CenturyLink Communications LLC, to CenturyLink
ordering or changing an unbundled network element, or other services and facilities
(including any porting requests) available in accordance with the terms of this
Agreement.
Shell Records: Those records necessary to populate the DBMS to enable Dynamic 911
call delivery and display methods, used to determine call routing and the appropriate
provider responsible for providing the caller's ANI/ALI for display at the appropriate
PSAP upon the answer of the 911 call. For purposes of this Agreement, references to
911 records shall include Shell Records, as appropriate.
Siqnalinq Point (SP): A node in the CCS network that originates and/or receives
signaling messages, or transfers signaling messages from one signaling link to another,
or both.
Siqnalinq System 7 (SS7): The signaling protocol, Version 7, of the CCS network,
based upon American National Standards lnstitute (ANSI) standards that is used to
provide basic routing information, call set-up and other calltermination functions.
Siqnalino Transfer Point (STP): A Signaling Point that performs message routing
functions and provides information for the routing of messages between Signaling Points
within or between CCS networks. An STP transmits, receives and processes CCS
messages.
Splitter: A device that divides the data and voice signals concurrently moving across the
loop, directing the voice traffic through copper tie cables to the switch and the data traffic
through another pair of copper tie cables to multiplexing equipment for delivery to the
packet-switched network. The Splitter may be directly integrated into the DSLAM
equipment or may be externally mounted.
Standard Practices: The general practices and procedures published or referenced on
CenturyLink's website that apply to CenturyLink's wholesale services and operations, as
the same may be updated and revised from time to time by CenturyLink.
State: The State specified in Preface and Recitals section of this Agreement.
State Price List: See "Tariff'.
Subsidiarv: A corporation or other legal entity that is majority owned by a Party.
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Switched Access Services: The offering of transmission and/or switching services to
Telecommunications Carriers for the purpose of the origination or termination of
Telephone Toll Services. Any traffic that does not meet the definition of Local Traffic or
ISP-Bound Traffic will be considered Switched Access Traffic. Switched Access Services
include: Feature Group A, Feature Group B, Feature Group C, Feature Group D, 500,
700, 800 access and 900 access services
Tandem or Tandem Switch or Tandem Office Switch: A Tandem, Tandem Switch or
Tandem Office Switch connects one trunk to another, in a series, for the purpose of
exchanging Local Traffic. lt is an intermediate (Class 4) switch between an originating
telephone call and the final destination of the call. CenturyLink Communications LLC,
Switch(es) shall be considered Tandem Office Switch(es) to the extent such Switch(es)
serve(s) a comparable geographic area as CenturyLink 's Tandem Office Switch. A fact-
based consideration of such geography by the Commission should be used to classify
any Switch on a prospective basis.
Tariff: Any applicable Federal or state Tariff, price list or price schedule of a Party, as
amended from timeto-time, that provides for the terms, conditions and pricing of
Telecommunications Services. A Tariff filing may be required or voluntary and may or
may not be specifically approved by the Commission or FCC. ln the event this
Agreement refers to a Tariff for a service or arrangement that is not offered, or is no
longer offered, under a Tariff, then the reference shall be deemed to refer to an
applicable price list or commercial offering.
TDM or TDM Technoloqv or Time Division Multiplexinq: A method of multiplexing in
which a common transmission path is shared by a number of channels on a cyclical
basis by enabling each channel to use the path exclusively for a short time slot. This
technology is used to provision traditional narrowband services (e.9., voice, fax, dial-up
lnternet access) and high-capacity services like DSland DS3 circuits.
Technically Feasible: lnterconnection, access to Unbundled Network Elements,
collocation and other methods of achieving lnterconnection or access to Unbundled
Network Elements at a point in the network shall be deemed Technically Feasible absent
technical or operational concerns that prevent the fulfillment of a request by a
Telecommunications Carrier for such lnterconnection, access or methods.
Telecommunications: Shall have the meaning set forth in $153(a3) of the Act.
Telecommunications Carrier: Shall have the meaning set forth in $153(44) of the Act.
This definition includes CMRS providers, lXCs and, to the extent they are acting as
Telecommunications Carriers, companies that provide both Telecommunications and
lnformation Services. Private mobile radio service providers are Telecommunications
Carriers to the extent they provide domestic or international telecommunications for a
fee directly to the public
Telecommunications Eouipment: Shall have the meaning set forth in $153(45) of the
Act.
Telecommunications Service: Shall have the meaning set forth in $153(a6) of the Act.
Telephone Toll or Telephone Toll Service: Telephone Toll traffic is telephone service
between stations in different exchange areas, and can be either "lntraLATA Toll Traffic"
or "lnterLATA Toll Traffic" depending on whether the originating and terminating points
are within the same LATA.
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Tier 1 Wire Centers: Those CenturyLink Wire Centers that contain at least four Fiber-
based Collocators, at least 38,000 Business Lines, or both. Tier 1 Wire Centers also are
those CenturyLink tandem switching locations that have no line-side switching facilities,
but nevertheless serve as a point of traffic aggregation accessible by competitive LECs.
Once a Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not
subject to later reclassification as a Tier 2 or Tier 3 Wire Center.
Tier 2 Wire Centers: Those CenturyLink Wire Centers that are not Tier 1 Wire Centers
but contain at least three (3) Fiber-based Collocators, at least 24,000 Business Lines, or
both. Once a Wire Center is determined to be a Tier 2 Wire Center, that Wire Center is
not subject to later reclassification as a Tier 3 Wire Center.
Tier 3 Wire Centers: Those CenturyLink Wire Centers that are not Tier 1 or Tier 2 Wire
Centers.
Time and Material Charqes: Charges for non-standard or individual-case-basis work
requested by CenturyLink Communications LLC,. "Time" charges are for the cost of
labor which includes, but is not limited to, work preparation and actual work. This labor
time is multiplied by an applicable labor rate. "Material" charges are for the cost of items
required to fulfill the job requirements.
Toll Vo|P-PSTN Traffic is VolP-PSTN Traffic that physically originates and terminates in
different CenturyLink Local Calling Areas, or mandatory Extended Area Service (EAS)
areas, as defined by the Commission or, if not defined by the Commission, then as
defined in existing CenturyLink Tariffs.
Transit Service: Means the use of CenturyLink's network to deliver Transit Traffic.
Transit Traffic: Means traffic that is routed by CenturyLink Communications,LLC,
through CenturyLink's network for delivery to another carrier's network or that is routedby another carrier through CenturyLink's network for delivery to Centurylink
Communications LLC,'s network. For purposes of this Agreement, Transit Traffic does
not include Jointly Provided Switched Access Traffic.
Trunk Side: Refers to a Central Office switch connection that is connected to another
switching entity, including the connection between trunk termination at a Trunk Side
cross-connect panel and a trunk card. 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 station sets.
Unbundled Network Element (UNE): A Network Element separate from the facility or
functionality of other Network Elements available for a separate fee in accordance with
47 U.S.C. $251(c)(3). Specific references to Unbundled Network Elements or UNEs
contained throughout this Agreement are to the Unbundled Network Elements described
in Article Vl: UNEs of this Agreement.
Virtual Collocation: Virtual Collocation is as defined in 47 CFR 551.5.
Virtual NXX Traffic (VNXX Traffic): refers to (A) calls which are dialed to a telephone
number (NPA-NXX-XXXX) having an NXX Code associated with a Rate Center (as set
forth in the LERG) that is the same as the Rate Center associated with the telephone
number from which the calls are originated but which are terminated to customer
premise equipment (e.9. a telephone handset, modems, servers, calling card platform
equipment, etc.) which is physically and geographically located outside the Local Calling
Area from which the call originated, and/or (B) calls which are dialed from a telephone
number (NPA-NXX-XXXX) having an NXX Code associated with a Rate Center (as set
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forth in the LERG) that is the same as the Rate Center associated with the telephone
number to which the calls are terminated, but which are originated from customer
premise equipment which is physically, geographically located outside the Local Calling
Area to which the call is terminated
VNXX Service: VNXX Service means the assignment by a Party of a telephone number
(NPA-NXX-XXXX) having an NXX Code associated with a Rate Center (as set forth in
the LERG) that is not within the same Local Calling Area where the customer premise
equipment (e.g., a telephone handset, modems, servers, calling card platform
equipment, etc.) associated with such NPA-NXX-XXXX is physically, geographically
located.
VolP-PSTN Traffic is traffic which is exchanged between a CenturyLink End User and
the CenturyLink Communications LLC, End User in Time Division Multiplexing ('TDM")
format that originates from and/or terminates to a Party's end user customer in lnternet
Protocol ("1P") format, as determined in the order issued by the Federal Communications
Commission in Docket No. 01-92, ln the Matter of Developing a Unified lntercarrier
Compensation Regime, effective December 29,2011 ("FCC's ICC Order").
Website: As used in this agreement, Website shall mean:
www. CenturvLink.comlwholesale
Wholesale Service: Telecommunication Services that CenturyLink provides at retail
services to subscribers who are not Telecommunications Carriers as set forth in 47
U.S.C. S251(cXa) which CenturyLink offers to qualified providers at a wholesale rate.
Wire Center: The location of one or more local switching systems. A point at which End
Users' loops within a defined geographic area converge. Such Local Loops may be
served by one (1) or more Central Office Switches within such Premises.
xDSL: A generic term for HDSL, ADSL or SDSL, which are high speed transmission
protocols, equipment, and services designed to operate over copper wire.
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ARTICLE II. GENERAL TERMS AND CONDITIONS
3. APPLICATION OF THESE GENERAL TERMS AND CONDITIONS
3.1 Except as may otherwise be set forth in a particular Article or attachments
incorporated by reference within this Agreement, in which case the provisions of
such Article or attachment shall control, these General Terms & Conditions apply
to all Articles and Appendices of this Agreement.
4. POSITION OF THE PARTIES
4.1 This Agreement is an integrated package that reflects a balancing of interests
critical to the Parties. The Parties agree that their entry into this Agreement is
without prejudice to and does not waive any positions they may have taken
previously, or may take in the future, in any legislative, regulatory, judicial or
other public forum addressing any mafters, including matters related to the same
types of arrangements and/or matters related to CenturyLink's rates and cost
recovery that may be covered in this Agreement. CenturyLink Communications
LlC,agrees to accept these terms and conditions with CenturyLink based on this
Agreement as reciprocal where applicable. Furthermore, to the extent they applyto CenturyLink's provision of services and/or facilities to CenturyLink
Communications LLC,such terms are intended to apply only to the extent
required by Applicable Law.
5. INTENTIONALLY LEFT BLANK.
6. REGULATORY APPROVALS
6.1 This Agreement, and any amendment or modification hereof, will be submitted to
the Commission for approval in accordance with $252 of the Act within thirty (30)
Days after obtaining the last required Agreement signature. Centurylink and
CenturyLink Communications LlC,shall use their best efforts to obtain approval
of this Agreement by any regulatory body having jurisdiction over this Agreement.
ln the event any governmental authority or agency rejects any provision hereof,
the Parties shall negotiate promptly and in good faith such revisions as may
reasonably be required to achieve approval.
7. EFFECTIVE DATE, TERM AND TERMINATION
7.1 Effective Date. Subject to Section 6.1, this Agreement shall become effective on
the date of Commission Approval ("Effective Date"); however the Parties may
agree to implement the provisions of this Agreement upon execution by both
Parties.
7.1.1 Notwithstanding the above, the initiation of a new CenturyLink
Communications LlC,account, any new provision of service or obligation
or any revision to currently existing services or obligations shall not take
effect for sDdy (60) Days after the Effective Date to accommodate
required initial processes. No order or request for services under this
Agreement shall be processed nor shall any CenturyLink obligation take
effect before CenturyLink Communications LLC,has established a
customer account with CenturyLink and has completed any
implementation, planning, and forecasting requirements as described in
this Agreement.
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7.2 Term. This Agreement shall be in effect for a period of three (3) years after
execution by both Parties (the "lnitial Term), unless terminated earlier in
accordance with the terms of this Agreement. lf neither Party terminates this
Agreement as of the last day of the lnitial Term, this Agreement shall continue in
force and effect on a month-to-month basis unless and until terminated as
provided in this Agreement.
7.2.1 Notwithstanding the above, CenturyLink may terminate this Agreement
after six consecutive months of inactivity on the part of CenturyLink
Communications LLC,. lnactivity is defined as CenturyLink
Communications LLC,'s failure, as required in this Agreement, to initiate
the required pre-ordering activities, CenturyLink Communications LLC,'s
failure to submit any orders, or CenturyLink Communications LLC,'s
failure to originate or terminate any Local Traffic.
Notice of Termination. Either Party may terminate this Agreement effective upon
the expiration of the lnitial Term by providing written notice of termination (Notice
of Termination) at least ninety (90) Days prior to the last day of the lnitial Term.
Either Party may terminate this Agreement after the lnitial Term by providing a
Notice of Termination at least ninety (90) Days prior to the effective date of such
termination.
Effect on Termination of Negotiating Successor Agreement. lf either Party
provides Notice of Termination pursuant to Section 7.3 and, on or before the
noticed date of termination (the "End Date), either Party has requested
negotiation of a new interconnection agreement, such notice shall be deemed to
constitute a bona fide request to negotiate a replacement agreement for
interconnection, services or network elements pursuant to $252 of the Act and
this Agreement shall remain in effect until the earlier of: (a) the effective date ofa new interconnection agreement between CenturyLink Communications
LLC,and CenturyLink; or, (b) one hundred sixty (160) Days after the requested
negotiation or such longer period as may be mutually agreed upon, in writing, by
the Parties, or (c) the issuance of an order (or orders) by the Commission
resolving each issue raised in connection with any arbitration commenced within
the timeframe contemplated in (b) above. lf a replacement agreement has not
been reached when the timeframe contemplated in (b) above expires and neither
Party has commenced arbitration, then Centurylink and CenturyLink
Communications LLC,may mutually agree in writing to continue to operate on a
month-to-month basis under the terms set forth herein, subject to written notice
of termination pursuant to Section 7.3. Should the Parties not agree to continue
to operate under the terms set forth herein after one hundred eighty (180) Days,
then the provisions of Section 7.5 shall apply. The foregoing shall not apply to
the extent that this Agreement is terminated in accordance with Section 7.6 or
Section 7.7.
Termination and Post-Termination Continuation of Services. lf either
provides Notice of Termination pursuant to Section 7.3 and, by 11:59
Party
Central Time on the stated date of termination, neither Party has requested
negotiation of a new interconnection agreement, (a) this Agreement will terminate
at 11:59 p.m. Central Time on the termination date identified in the Notice of
Termination, and (b) the services and functions being provided by CenturyLink
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7.4
7.5
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7.6
7.7
7.8
7.9
under this Agreement at the time of termination, including lnterconnection
arrangements and the exchange of local traffic, may be terminated by
CenturyLink unless the Parties jointly agree to other continuing arrangements.
Suspension or Termination Upon Default. Either Party may suspend or terminate
this Agreement, in whole or in part, in the event of a Default (defined below) by
the other Party so long as the non-defaulting Party notifies the defaulting Party in
writing of the Default and the defaulting Party does not cure the Default within
thirty (30) Days of the written notice thereof, provided however, that any
requirements for written notice and opportunity to cure with respect to the failure
to make timely payment of undisputed charges shall be governed separately
under Section 55.15. Following CenturyLink's notice to CenturyLink
Communications LLC,of its Default, CenturyLink shall not be required to process
new Service Orders untilthe Default is timely cured.
Termination Upon Sale. Notwithstanding anything to the contrary contained
herein, a Party may terminate its obligations under this Agreement as to a
specific operating area or portion thereof if such Party sells or otherwise transfers
the area or portion thereof to a non-Affiliate. The selling or transferring Party
shall provide the other Party with at least sixty (60) Days prior written notice of
such termination, which shall be effective on the date specified in the notice.
Notwithstanding termination of this Agreement as to a specific operating area,
this Agreement shall remain in full force and effect in the remaining operating
areas.
Liability Upon Termination. Termination of this Agreement, or any part hereof, for
any cause shall not release either Party from any liability (i) which, at the time of
termination, had already accrued to the other Party, (ii) which thereafter accrues
in any respect through any act or omission occurring prior to the termination, or
(iii) which accrues from an obligation that is expressly stated in this Agreement to
survive termination.
Predecessor Agreements.
7.g.1 Except as stated in Section 7.9.2 or as otherwise agreed in writing by the
Parties.a. any prior interconnection or resale agreement between the Parties
for the State pursuant to $252 of the Act and in effect immediately
prior to the Effective Date is hereby terminated; andb. any services that were purchased by one Party from the other
Party under a prior interconnection or resale agreement between
the Parties for the State pursuant to $252 of the Act and in effect
immediately prior to the Effective Date, shall as of the Effective
Date be subject to the prices, terms and conditions of under this
Agreement.
7.9.2 Except as otherwise agreed in writing by the Parties, if a service
purchased by a Party under a prior agreement between the Parties
pursuant to $252 of the Act was subject to a contractual commitment that
it would be purchased for a period of longer than one month, and such
period had not yet expired as of the Effective Date and the service had
not been terminated prior to the Effective Date, to the extent not
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inconsistent with this Agreement, such commitment shall remain in effect
and the service will be subject to the prices, terms and conditions of this
Agreement; provided, that if this Agreement would materially alter the
terms of the commitment, either Party make elect to cancel the
commitment.
7.9.3 lf either Party elects to cancel the service commitment pursuant to the
proviso in Section 7.9.2,the purchasing Party shall not be liable for any
termination charge that would otherwise have applied. However, if the
commitment was cancelled by the purchasing Party, the purchasing Party
shall pay the difference between the price of the service that was actually
paid by the purchasing Party under the commitment and the price of the
service that would have applied if the commitment had been to purchase
the service only until the time that the commitment was cancelled.
CENTURYLINK COMMUNICATIONS, LLC,, CERTIFICATIONS
8.1 Notwithstanding any other provision of this Agreement, CenturyLink shall have
no obligation to perform under this Agreement until such time as CenturyLink
Communications LLC,has obtained such FCC and Commission authorization(s)
as may be required by Applicable Law for conducting business in the State as a
competitive local exchange carrier. CenturyLink Communications LLC,shall not
be permitted to establish its account nor place any orders under this Agreement
until it has obtained such authorization and provided proof of such to
CenturyLink. For the life of this Agreement, CenturyLink Communications
LLC,must represent and warrant to CenturyLink that it remains a certified local
provider of Telephone Exchange Service within CenturyLink's Local Calling
Area(s) in the State. At any time during the life of this Agreement, CenturyLink
Communications LLC,will provide a copy of its current Certificate of Operating
Authority or other evidence of its status to CenturyLink upon request.
CenturyLink Communications LLC,'s failure to maintain such authorization(s) as
may be required by Applicable Law for conducting business in the State as a
CenturyLink Communications LLC,shall be considered a Default of Agreement.
APPLICABLE LAW
9.1 Parties'Agreement to Comply with Applicable Law. Each Party shall remain in
compliance with Applicable Law in the course of performing this Agreement.
9.1.1 Neither Party shall be liable for any delay or failure in performance
resulting from any requirements of Applicable Law, or acts or failures to
act of any governmental entity or official.
9.1.2 Each Party shall promptly notify the other Party in writing of any
governmental action that limits, suspends, cancels, withdraws, or
otherwise materially affects the notifying Party's ability to perform its
obligations under this Agreement.
9.1.3 Each Party shall be responsible for obtaining and keeping in effect all
FCC, Commission, franchise authority and other regulatory approvals that
may be required and comply with Applicable Law in connection with the
performance of its obligations under this Agreement.
9.1.4 Both Parties shall satisfy all applicable service standards,
measurements, specifications, performance requirements,
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requirements, and performance standards that are required Applicable
Law.
g.2 Rule of Construction. The Parties acknowledge that, except for provisions
incorporated herein as the result of an arbitrated decision, if any, the terms and
conditions of this Agreement have been mutually negotiated, and each Party has
had the opportunity to obtain advice of its own legal counsel in accepting such
negotiated terms and conditions. This Agreement shall be fairly interpreted in
accordance with its terms. No rule of construction requiring interpretation against
the drafting Party hereof shall apply in the interpretation of this Agreement.
9.3 Choice of Law and Venue. This Agreement shall be governed by and construed
in accordance with the Act, applicable federal and (to the extent not inconsistent
therewith) domestic laws of the State where the services are being provided, and
shall be subject to the exclusive jurisdiction of the State or of the federal courts of
Monroe, Louisiana. ln all cases, choice of law shall be determined without
regard to a local State's conflicts of law provisions.
9.4 Severability. lf any provision of this Agreement is held to be invalid, void or
unenforceable for any reason, such invalidity will affect only that specific
provision of the Agreement. ln all other respects, this Agreement will stand as if
such provision had not been a part thereof, and the remainder of the Agreement
shall remain in full force and effect and shall in no way be affected, impaired or
invalidated. lf the provision materially affects the rights or obligations of a Party
hereunder, or the ability of a Party to perform any material provision of this
Agreement, the Parties shall promptly negotiate an amendment to this
Agreement in order to conform the Agreement to Applicable Law. lf such
amended terms cannot be agreed upon within a reasonable period, either Party
may, upon written notice to the other Party, initiate Dispute Resolution pursuant
to the terms of this Agreement, and any resolution in favor of the affected Party
will be considered retroactive to the date Dispute Resolution was initiated.
Notwithstanding the above, where the affected provision is held to be invalid,
void or unenforceable retroactively by a court of competent jurisdiction, the
resolution in favor of the affected Party will be considered retroactive to the same
extent, or to the extent specified in the decision or twenty-four (24) months from
the date Dispute Resolution was initiated whichever is shorter.
10. CHANGES IN LAW
10.1 ln the event of any amendment of the Act, any effective legislative action or any
effective regulatory or judicial order, rule, regulation, arbitration award, dispute
resolution procedures under this Agreement or other legal action purporting to
apply the provisions of the Act to the Parties or in which the court, FCC or the
Commission makes a generic determination that is generally applicable which
revises, modifies or reverses the Applicable Rules (individually and collectively,
"Amended Rules"), either Party may, by providing written notice to the other
Party, require that the affected provisions of this Agreement be renegotiated in
good faith and this Agreement shall be amended accordingly within sixty (60)
Days of the date of the notice to reflect the pricing, terms and conditions of each
such Amended Rules relating to any of the provisions in this Agreement. Where
a Party provides notice to the other Party within thirty (30) Days of the effective
date of an order issuing a legally binding change, any resulting amendment shall
be deemed effective on the effective date of the legally binding change or
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modification of the Existing Rules for rates, and to the extent practicable for other
terms and conditions, unless otherwise ordered. ln the event neither Party
provides notice within thirty (30) Days, the effective date of the legally binding
change shall be the Effective Date of the amendment unless the Parties agree to
a different date.
10.2 Removal of Existing Obligations. Notwithstanding anything in this Agreement to
the contrary, if, as a result of any legislative, judicial, regulatory or other
governmental decision, order, determination or action, or any change in
Applicable Law subsequent to the Effective Date, CenturyLink is no longer
required by Applicable Law to continue to provide any service, facility,
arrangement, payment or benefit ["Discontinued Arrangements"] otherwise
required to be provided to CenturyLink Communications LLC,under this
Agreement, then CenturyLink may discontinue the provision of any such service,
facility, arrangement, payment or benefit. CenturyLink will provide thirty (30)
Days prior written notice to CenturyLink Communications LLC,of any such
discontinuation, unless a different notice period or different conditions are
specified by Applicable Law, in which event such specified period and/or
conditions shall apply. lmmediately upon provision of such written notice to
CenturyLink Communications LlC,Centurylink Communications LLC,will be
prohibited from ordering, and CenturyLink will not provide, new Discontinued
Arrangements. The Parties may amend this Agreement pursuant to the
Amendment Section following to reflect such change in Applicable Law. lf
CenturyLink Communications LLC,disputes CenturyLink's discontinuance of such
service, facility, arrangement, payment or benefit, the dispute resolution
procedures of this Agreement shall apply, and any consequent changes to the
terms of this Agreement (including billing terms) as a result of such change in
Applicable Law shall be retroactive to the discontinuation date set forth in
CenturyLink's written notice to CenturyLink Communications LlC,unless a
definitive effective date is specified by Applicable Law.
10.3 Additions to Existing Obligations. Notwithstanding anything in this Agreement to
the contrary, if, as a result of any legislative, judicial, regulatory or other
governmental decision, order, determination or action, or any change in
Applicable Law subsequent to the Effective Date, CenturyLink is required by
such change in Applicable Law to provide a service not already provided to
CenturyLink Communications LLC,under the terms of this Agreement, the Parties
agree to add or modify, in writing, the affected term(s) and condition(s) of this
Agreement to the extent necessary to bring them into compliance with such
change in Applicable Law. The Parties shall initiate negotiations to add or modify
such terms upon the written request of a Party. lf the Parties cannot agree to
additional or modified terms to amend the Agreement, the Parties shall submit
the dispute to dispute resolution pursuant to the procedures set forth in this
Agreement.
10.4 Notwithstanding any other provision of this Agreement to the contrary, the
Amendment Section following shall control. Should the Parties be unable to
reach agreement with respect to the applicability of such order or the resulting
appropriate modifications to this Agreement, either party may invoke the Dispute
Resolution provisions of this Agreement. CenturyLink may charge rates to
Centurylink Communications LlC,under this Agreement that are approved by
the Commission in a generic cost proceeding, whether such action was
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commenced before or after the Effective Date of this Agreement, as of the
effective date of the Commission decision and such ordered rates shall be
implemented without the requirement of an Amendment to this Agreement.
11. AMENDMENTS
11.1 Any amendment, modification, deletion or supplement to this Agreement must be
in writing, dated and signed by an authorized representative of each Party,
except for notices of Discontinued Arrangements. The term "Agreement" shall
include any such future amendments, modifications, deletions and supplements.
12. ASSIGNMENT
12.1 lf any Affiliate of either Party succeeds to that portion of the business of such
Party that is responsible for, or entitled to, any rights, obligations, duties, or other
interests under this Agreement, such Affiliate may succeed to those rights,
obligations, duties, and interest of such Party under this Agreement. ln the event
of any such succession hereunder, the successor shall expressly undertake in
writing to the other Party the performance and liability for those obligations and
duties as to which it is succeeding a Party to this Agreement.
12.2 Except as provided in Section12.1, any assignment of this Agreement or of the
obligations to be performed, in whole or in part, or of any other interest of a Party
hereunder, without the other Party's written consent, shall be void. Upon a
request by a Party for such consent, the other Party shall not unreasonably
withhold or delay such consent, provided however, that reasonable grounds for
withholding consent would include, without limitation, the existence of any
material default by the requesting Party. For purposes of this paragraph, a Party
shall be considered to be in material default if there are any outstanding amounts
owed that have not been paid on or before the due date.
12.3 lf a Party uses products or services obtained from the other Party under this
Agreement to serve End Users, then such Party may not make any sale or
transfer of such End User accounts, or any facilities used to serve such End
Users, unless the purchaser or transferee has executed a written agreement to
assume liability for any outstanding unpaid balances owed to the other Party
under this Agreement for such services and products. Notwithstanding any
assumption of liability by the purchaser or transferee, the Party selling or
transferring such End User accounts, or facilities, shall remain jointly liable for the
unpaid balances until the same are satisfied, in full, unless the selling or
transferring Party obtains a written release of liability from the other Party, which
release shall be at the reasonable discretion of the other Party.
12.4 lf a Party seeks to transfer only a portion of facilities ordered pursuant to this
Agreement, while retaining other facilities, then such transfer shall be treated as
a disconnection and subsequent activation, subject to applicable disconnection
and activation charges for such facilities, including any early termination fees, if
applicable.
1 3. CONFIDENTIAL INFORMATION
13.1 All information which is disclosed by one Party (Disclosing Party) to the other
(Recipient) in connection with this Agreement, or acquired in the course of
performance of this Agreement, shall be deemed confidential and proprietary to
the Disclosing Party and subject to this Agreement, such information includes but
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is not limited to, orders for services, usage information in any form, and CPNI as
that term is defined by the Act and the rules and regulations of the FCC, and
where applicable, the rules and regulations of the Commission (Confidential
lnformation).
13.2 Each Party agrees to use Confidential lnformation only for the purpose of
performing under this Agreement, to hold it in confidence, to disclose it only to
employees or agents who have a need to know it in order to perform under this
Agreement, and to safeguard Confidential lnformation from unauthorized use or
Disclosure using no less than the degree of care with which Recipient safeguards
its own Confidential lnformation.
13.3 Recipient may disclose Confidential lnformation if required by law, a court, or
governmental agency, if the Disclosing Party has been notified of the
requirement promptly after Recipient becomes aware of the requirement, and the
Recipient undertakes all lawful measures to avoid disclosing such information
until Disclosing Party has had reasonable time to obtain a protective order.
Recipient will comply with any protective order that covers the Confidential
lnformation to be disclosed.
13.4 Neither Party shall produce, publish, or distribute any press release nor other
publicity referring to the other Party or its Affiliates, or referring to this Agreement,
without the prior written approval of the other Party. Each party shall obtain the
other Party's prior approval before discussing this Agreement in any press or
media interviews. ln no event shall either Party mischaracterize the contents of
this Agreement in any public statement or in any representation to a
governmental entity or member thereof.
13.5 Recipient shall have no obligation to safeguard Confidential lnformation which
was in the Recipient's possession free of restriction prior to its receipt from
Disclosing Party, which becomes publicly known or available through no breach
of this Agreement by Recipient, which is rightfully acquired by Recipient free of
restrictions on its Disclosure, or which is independently developed by personnel
of Recipient to whom the Disclosing Party's Confidential lnformation had not
been previously disclosed.
13.6 Survival. The obligation of confidentiality and use with respect to Confidential
lnformation disclosed by one Party to the other shall survive any termination of
this Agreement for a period of five (5) years from the date of the initial disclosure
of the Confidential lnformation.
13.7 Each Party agrees that in the event of a breach of this Section by Recipient or its
representatives, Disclosing Party shall be entitled to equitable relief, including
injunctive relief and specific performance. Such remedies shall not be exclusive,
but shall be in addition to all other remedies available at law or in equity.
13.8 Unless otherwise agreed, neither Party shall publish or use the other Party's
logo, trademark, service mark, name, language, pictures, symbols or words from
which the other Party's name may reasonably be inferred or implied in any
product, service, advertisement, promotion, or any other publicity mafter, except
that nothing in this paragraph shall prohibit a Party from engaging in valid
comparative advertising. This Section shall confer no rights on a Party to the
service marks, trademarks and trade names owned or used in connection with
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services by the other Party or its Affiliates, except as expressly permitted by the
other Party.
13.9 Except as otherwise expressly provided in this Section, nothing herein shall be
construed as limiting the rights of either Party with respect to its customer
information under any Applicable Law, including without limitation $222 of the
Act.
14. CONSENT
14.1 Except as otherwise expressly stated in this Agreement, where consent,
approval, mutual agreement or a similar action is required by any provision of this
Agreement, such action shall not be unreasonably withheld, conditioned or
delayed, except where such action is stated to be within a Party's sole discretion.
15. CONTACTS BETWEEN THE PARTIES
15,1 Each Partyshall update its own contact information and escalation list and shall
provide such information to the other Party for purposes of inquiries regarding the
implementation of this Agreement. Each Party shall accept all inquiries from the
other Party and provide a timely response. CenturyLink will provide and maintain
its contact and escalation list on the CenturyLink Website, and any updates also
will be provided on the Website. lnformation contained on the Website will
include a single contact telephone number for CenturyLink's CenturyLink
Communications LLC,Service Center (via an 800#) that CenturyLink
Communications LLC,may call for all ordering and status inquiries and other day-
to-day inquiries at any time during the Business Day. ln addition, the Website
will provide CenturyLink Communications LLC,with contact information for the
personnel andior organizations within CenturyLink capable of assisting
CenturyLink Communications LLC,with inquiries regarding the ordering,
provisioning and billing of lnterconnection, UNE and resale services. lncluded in
this information will be the contact information for a person or persons to whom
CenturyLink Communications LLC,can escalate issues dealing with the
implementation of the Agreement and/or for assistance in resolving disputes
arising under the Agreement.
16. GENERAL DISPUTE RESOLUTION
16.1 The following provisions apply to dispute resolution under the Agreement, except
that the terms of Section 55 shall also apply to the resolution of any billing
disputes.
16.2 Alternative to Litigation. Except as provided under $252 of the Act with respect
to the approval of this Agreement by the Commission, the Parties desire to
resolve disputes arising out of or relating to this Agreement without litigation.
Accordingly, except for an action seeking a temporary restraining order, an
injunction related to the purposes of this Agreement, or suit to compel
compliance with this dispute resolution process, the Parties agree that the
following resolution procedures shall be used. The dispute resolution provisions
of this Section shall not preclude the Parties from seeking relief available in any
other forum.
16.2.1 A Party may not submit a dispute to any court, commission or agency of
competent jurisdiction for resolution unless at least sixty (60) Days have
elapsed after the Party asserting the dispute has given written notice of
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such dispute to the other Party. Such notice must explain in reasonable
detail the specific circumstances and grounds for each disputed item. lf a
Party gives notice of a billing dispute more than thirty (30) Days after the
billing date and has not paid the disputed amounts by the payment due
date, then the notice of such dispute shall be deemed to have been given
thirty (30) Days after the billing date for purposes of calculating the time
period before such dispute may be submitted to any court, commission or
agency of competent jurisdiction for resolution.
16.2.2 The Parties shall meet or confer as often as they reasonably deem
necessary in order to discuss the dispute and negotiate in good faith in an
effort to resolve such dispute. The specific format for such discussions
will be left to the discretion of the Parties, provided, however, that all
reasonable requests for relevant, non-privileged, information made by
one Party to the other Party shall be honored, and provided that the
following terms and conditions shallapply:
16.2.3 lf the Parties are unable to resolve the dispute in the normal course of
business within thirty (30) Days after delivery of notice of the Dispute (or
such longer period as may be specifically provided for in other provisions
of this Agreement), then upon the request of either Party, the dispute
shall be escalated to other representatives of each Party that have more
authority over the subject matter of the dispute. Referral of a dispute by a
Party to its legal counsel shall be considered an escalation for purposes
of this paragraph.
16.2.4 lf the Parties are unable to resolve the dispute within sixty (60) Days after
delivery of the initial notice of the dispute, then either Party may file a
petition or complaint with any court, commission or agency of competent
jurisdiction seeking resolution of the dispute. The petition or complaint
shall include a statement that both Parties have agreed (by virtue of this
stipulation) to request an expedited resolution within sixty (60) Days from
the date on which the petition or complaint was filed, or within such
shorter time as may be appropriate for any Service Affecting dispute.
16.2.5 lf the court, commission or agency of competent jurisdiction appoints an
expert(s), a special master, or other facilitato(s) to assist in its decision
making, each Party shall pay half of the fees and expenses so incurred.
A Party seeking discovery shall reimburse the responding Party the
reasonable costs of production of documents (including search time and
reproduction costs). Subject to the foregoing, each Party shall bear its
own costs in connection with any dispute resolution procedures, and the
Parties shall equally split the fees of any arbitration or arbitrator that may
be employed to resolve a dispute.
16.2.6 During dispute resolution proceedings conducted by any court,
commission or agency of competent jurisdiction each Party shall continue
to perform its obligations under this Agreement provided, however, that
neither Party shall be required to act in any unlawfulfashion.
16.2.7 A dispute which has been resolved by a written settlement agreement
between the Parties or pursuant to a determination by any court,
commission or agency of competent jurisdiction may not be resubmitted
under the dispute resolution process.
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17. INTENTIONALLY LEFT BLANK
1 8, INTENTIONALLY LEFT BLANK
19. ENTIRE AGREEMENT
19.1 This Agreement, including all Parts and subordinate documents attached hereto
or referenced herein, all of which are hereby incorporated by reference herein,
constitutes the entire agreement of the Parties pertaining to the subject matter of
this Agreement and supersedes all prior and contemporaneous agreements,
negotiations, proposals, and representations, whether written or oral, concerning
such subject matter. No representations, understandings, agreements, or
warranties, expressed or implied, have been made or relied upon in the making
of this Agreement other than those specifically set forth herein.
20. FORCE MAJEURE
20.1 ln the event that performance of this Agreement, or any obligation hereunder, is
either directly or indirectly prevented, restricted, or interfered with by reason of
fire, flood, earthquake, unusually severe weather, epidemics or like acts of God,
nuclear accidents, power blackouts, wars, terrorism, revolution, civil commotion,
explosion, acts of public enemy, embargo, acts of the government in its
sovereign capacity, labor difficulties, including without limitation, strikes,
slowdowns, picketing, or boycotts, unavailability of equipment from vendor, or
any other material change of circumstances beyond the reasonable control and
without the fault or negligence of the Party affected (Force Majeure Events), the
Party affected, upon giving prompt notice to the other Party, shall be excused
from such performance on a day-to-day basis to the extent of such prevention,
restriction, or interference (and the other Party shall likewise be excused from
performance of its obligations on a day-to-day basis until the delay, restriction or
interference has ceased); provided however, that the Party so affected shall use
commercially reasonable efforts to avoid or remove such causes of
nonperformance or Force Majeure Events, and both Parties shall proceed
whenever such causes or Force Majeure Events are removed or cease.
20.2 lt is expressly agreed that insolvency or financial distress of a Party is not a
Force Majeure Event and is not otherwise subject to this Section.
Notwithstanding the provisions of Section 20.1 above, in no case shall a Force
Majeure Event excuse either Party from an obligation to pay money as required
by this Agreement.
20.3 Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Party, in its sole discretion,
determines appropriate.
21. FRAUD
21.1 The Parties agree that they shall cooperate with one another to investigate,
minimize and take corrective action in cases of fraud. CenturyLink
Communications LLC,assumes responsibility for all fraud associated with its End
Users use of services and facilities provided by the other Party. CenturyLink will
cooperate in good faith but shall bear no responsibility for, nor is it required to
investigate or make adjustments to, CenturyLink Communications LLC,'s account
in cases of fraud. The Parties' fraud minimization procedures are to be cost
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effective and implemented so as not to unduly burden or harm one party as
compared to the other.
22. HEADINGS
22.1 The headings and numbering of Sections and Parts in this Agreement are for
convenience and identification only and shall not be construed to define or limit
any of the terms herein or affect the meaning or interpretation of this Agreement.
23. INTELLECTUAL PROPERTYERROR! BOOKMARK NOT DEFINED.
23.1 CenturyLink Communications LLC,acknowledges that its right under this
Agreement to interconnect with CenturyLink's network and to unbundle and/or
combine CenturyLink's Unbundled Network Elements (including combining with
CenturyLink Communications LLC,'s Network Elements) may be subject to or
limited by lntellectual Property rights (including, without limitation, patent,
copyright, trade secret, trademark, service mark, trade name and trade dress
rights) and other rights of third parties.
23.2 CenturyLink Communications LLC,Both parties acknowledge that the services
and facilities to be provided and used by the parties hereunder may use or
incorporate products, services or information proprietary to third party vendors
and may be subject to or limited by lntellectual Property rights (including, without
limitation, patent, copyright, trade secret, trademark, service mark, trade name
and trade dress rights) and other rights of third parties. 23.3 Upon written
request by CenturyLink Communications LLC, CenturyLink will use commercially
reasonable efforts to procure rights or licenses to allow CenturyLink to use
lntellectual Property and other rights of third parties to provide lnterconnection,
UNEs, services and facilities to CenturyLink Communications LLC, (Additional
Rights and Licenses). Centurylink Communications LLC, shall promptly
reimburse CenturyLink for all costs incurred by CenturyLink and/or CenturyLink's
Affiliates in connection with the procurement of Additional Rights and Licenses,
including without limitation all software license fees and/or maintenance fees, or
any increase thereof, incurred by CenturyLink or any CenturyLink Affiliate.
CenturyLink shall have the right to obtain reasonable assurances of such prompt
reimbursement by CenturyLink Communications LLC, prior to the execution by
CenturyLink or any CenturyLink Affiliate of any new agreement or extension of
any existing agreement relating to any Additional Rights and Licenses. ln the
event Centurylink Communications LLC,, fails to promptly reimburse
CenturyLink for any such cost, then, in addition to other remedies available to
CenturyLink under this Agreement, CenturyLink shall have no obligation to
provide to CenturyLink Communications LLC, any Unbundled Network Element,
product, service or facility to which such Additional Rights and Licenses relate.
ln the event any Unbundled Network Element to which the Additional Rights and
Licenses relate is provided to any carrier(s) other than CenturyLink,
CenturyLink's Affiliates and CenturyLink Communications LLC,, CenturyLink
shall reasonably apportion among CenturyLink Communications LLC, and such
non-CenturyLink carriers, on a prospective basis only, the costs incurred by
CenturyLink and/or its Affiliates in connection with the procurement and
continuation of such Additional Rights and Licenses; provided, however, that
such apportionment shall not apply to any previously incurred costs and shall
apply only for the period of such provision to such canier(s).
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23.4 Both Parties agree to promptly inform the other of any pending or threatened
lntellectual Property Claims of third parties that may arise in the performance of
this Agreement.
23.5 For the purposes of this Agreement, any lntellectual Property originating from or
developed by such Party shall remain in the exclusive ownership of that Party.
Notwithstanding the exclusive ownership of lntellectual Property originated by a
Party, the Party that owns such lntellectual Property will not assess a separate
fee or charge to the other Party for the use of such lntellectual Property to the
extent used in the provision of a product or service, available to either Party
under this Agreement, that utilizes such lntellectual Property to function properly.
23.6 Except as expressly stated in this Agreement, this Agreement shall not be
construed as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other lntellectual Property,
now or hereafter owned, controlled or licensable by either Party. Except as
expressly provided in this Agreement, neither Party may use any patent,
copyrightable materials, trademark, trade name, trade secret or other lntellectual
Property, of the other Party except in accordance with the terms of a separate
license agreement between the Parties granting such rights.
23.7 Except as provided in Section 23.3 and/or Section 25.1, neither Party shall have
any obligation to defend, indemnify or hold harmless, or acquire any license or
right for the benefit of, or owe any other obligation or have any liability to, the
other Party or its Affiliates or customers based on or arising from any third party
claim alleging or asserting that the provision or use of any service, facility,
arrangement, or software by either Party, or the performance of any service or
method, either alone or in conjunction with the other Party, constitutes direct,
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual property right of any Party or third person. Each Party,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
23.8 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE
PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE
DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE
USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDER
THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY
RIGHT.
24. LAW ENFORCEMENT
24.1 Except to the extent not available in connection with CenturyLink's operation of
its own business, CenturyLink shall provide assistance to law enforcement
persons for emergency traps, assistance involving emergency traces and
emergency information retrieval on customer invoked CLASS services, twenty-
^ four (24) hours per day, seven (7) days a week.
24.2 Except where prohibited by a subpoena, civil investigative demand, or other legal
process, CenturyLink agrees to work jointly with Centurylink Communications
LLC,, in security matters to support law enforcement agency requirements for
traps, traces, court orders, etc. CenturyLink Communications LLC,, shall be
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responsible for and shall be billed for any charges associated with providing such
services for CenturyLink Communications LLC,'s End Users.
24.3 Where CenturyLink receives a subpoena from law enforcement, and its database
search shows that the telephone number in question is not a CenturyLink
account, CenturyLink shall send such information back to law enforcement, along
with the name of the company to which such account is connected, if available,
for further processing by law enforcement.
24.4 lf a Party receives a subpoena, civil investigative demand, or other legal process
(hereinafter, "subpoena) issued by a court or governmental agency having
appropriate jurisdiction, and such subpoena expressly prohibits the Party
receiving the subpoena (receiving Party) from disclosing the receipt of the
subpoena or the delivery of a response to the subpoena, such receiving Party
shall not be required to notify the other Party that it has received and/or
responded to such subpoena, even if the subpoena seeks or the receiving
Party's response thereto discloses Confidential lnformation of the other Party or
its customers. Under such circumstances, the receiving Party's disclosure to the
other Party of its receipt of or delivery of a response to such a subpoena shall be
governed by the requirements of the subpoena and/or the court, governmental
agency or law enforcement agency having appropriate jurisdiction.
24.5 Each Party represents and warrants that any equipment, facilities or services
provided to the other Party under this Agreement comply with the CALEA. Each
Party shall indemnify and hold the other Party harmless from any and all
penalties imposed upon the other Party for such noncompliance and shall at the
non-compliant Party's sole cost and expense, modify or replace any equipment,
facilities or services provided to the other Party under this Agreement to ensure
that such equipment, facilities and services fully comply with CALEA.
25. LIABILITY AND INDEMNIFICATION
25.1 lndemnification Against Third-Party Claims. Each Party (the "lndemnifying Party)
agrees to indemnify, defend, and hold harmless the other Party (the "lndemnified
Party) and the other Party's Subsidiaries, predecessors, successors, Affiliates,
and assigns, and all current and former officers, directors, members,
shareholders, agents, contractors and employees of all such persons and entities
(collectively, with lndemnified Party, the "lndemnitee Group), from any and all
Claims (as hereinafter defined). "Claim" means any action, cause of action, suit,
proceeding, claim, or demand of any third party (and all resulting judgments,
bona fide settlements, penalties, damages, losses, liabilities, costs, and
expenses (including, but not limited to, reasonable costs and attorneys' fees)),
(a) based on allegations that, if true, would establish (i) the lndemnifying Party's
breach of this Agreement; (ii) the lndemnifying Party's misrepresentation, fraud
or other misconduct; (iii) the lndemnifying Party's negligence; (iv) infringement by
the lndemnifying Party or by any lndemnifying Party product or service of any
patent, copyright, trademark, service mark, trade name, right of publicity or
privacy, trade secret, or any other proprietary right of any third party; (v) the
lndemnifying Party's liability in relation to any material that is defamatory or
wrongfully discloses private or personal matters; or (vi) the lndemnifying Party's
wrongful use or unauthorized disclosure of data; or (b) that arises out of (i) any
act or omission of the lndemnifying Party or its subcontractors or agents relating
to the lndemnifying Party's performance or obligations under this Agreement; (ii)
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any act or omission of the lndemnifying Party's customer(s) or End Use(s); (iii)
the bodily injury or death of any person, or the loss or disappearance of or
damage to the tangible property of any person, relating to the lndemnifying
Party's performance or obligations under this Agreement; (iv) the lndemnifying
Party's design, testing, manufacturing, marketing, promotion, advertisement,
distribution, lease or sale of services and/or products to its customers, or such
customers' use, possession, or operation of those services and/or products; or
(v) personal injury to or any unemployment compensation claim by one or more
of the lndemnifying Party's employees, notwithstanding any protections the
lndemnifying Party might otherwise have under applicable workers'
compensation or unemployment insurance law, which protections the
lndemnifying Party waives, as to the lndemnified Party and other persons and
entities to be indemnified under this Section (other than applicable employee
claimant(s)), for purposes of this Section, "Reasonable costs and attorneys'
fees," as used in this Section, includes without limitation fees and costs incurred
to interpret or enforce this Section. The lndemnified Party will provide the
lndemnifying Party with reasonably prompt written notice of any Claim. At the
lndemnifying Party's expense, the lndemnified Party will provide reasonable
cooperation to the lndemnifying Party in connection with the defense or
settlement of any Claim. The lndemnified Party may, at its expense, employ
separate counsel to monitor and participate in the defense of any Claim.
25.2 Notwithstanding anything to the contrary in Section 25.1, a Party may not seek
indemnification with respect to any Claim by that Party's customer(s) or End
Use(s), but rather shall be the lndemnifying Party with respect to all Claims by
its customer(s) and End User(s).
25.3 The lndemnifying Party agrees to release, indemnify, defend, and hold harmless
the lndemnitee Group and any third-party provider or operator of facilities
involved in the provision of products, services, UNEs or facilities under this
Agreement from all losses, claims, demands, damages, expenses, suits, or other
actions, or any liability whatsoever, including, but not limited to, costs and
attorneys' fees, suffered, made, instituted, or asserted by the lndemnifying
Party's End Use(s) arising from or relating to any products, services, UNEs or
facilities provided by or through the lndemnified Party or such third-party provider
or operator. The lndemnifying Party further agrees to release, indemnify, defend,
and hold harmless the lndemnitee Group from all losses, claims, demands,
damages, expenses, suits, or other actions, or any liability whatsoever, including,
but not limited to, costs and attorneys' fees, suffered, made, instituted, or
asserted by any third party against an lndemnified Party arising from or in any
way related to actual or alleged defamation, libel, slander, interference with or
misappropriation of proprietary or creative right, or any other injury to any person
or property arising out of content transmitted by the lndemnifying Party's End
Use(s).
25.4 DISCLAIMER OF WARRANTIES. EXCEPT FOR THOSE WARRANTIES
EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY STATUTE,
EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES AND
SUPPLIERS DISCLAIMS ALL WARRANTIES AND DUTIES, WHETHER
EXPRESS OR IMPLIED, AS TO THE SERVICES, PRODUCTS AND ANY
OTHER INFORMATION OR MATERIALS EXCHANGED BY THE PARTIES,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES, OR
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CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, REASONABLE CARE, WORKMANLIKE EFFORT, RESULTS, LACK
OF NEGLIGENCE, OR ACCURACY OR COMPLETENESS OF RESPONSES.
EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS
AGREEMENT OR REQUIRED BY STATUTE, THERE IS NO WARRANTY OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION, AUTHORITY, OR NON-INFRINGEMENT WITH RESPECT TO
THE SERVICES, PRODUCTS, AND ANY OTHER INFORMATION OR
MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT.
25.5 Limitation of Liability; Disclaimer of Consequential Damages; Exceptions.
25.5.1 Except as provided in Section 25.5.3, each Party's liability to the other,
whether in contract, tort or otherwise, shall be limited to direct damages,
which shall not exceed the monthly charges, plus any related
costs/expenses the other Party may recover, including those under
Section 25.1 above, and plus any costs/expenses for which the Parties
specify reimbursement in this Agreement for the services or facilities for
which the claim of liability arose. Except as provided in Section 25.5.3
each Party's liability to the other during any Contract Year resulting from
any and all causes will not exceed the total of any amounts charged to
CenturyLink Communications LLC,by CenturyLink under this Agreement
during the Contract Year in which such cause accrues or arises. For
purposes of this Section, the first Contract Year commences on the
Effective Date, and each subsequent Contract Year commences on the
day following the anniversary of that date.
25.5.2 EXCEPT AS PROVIDED IN SECTION 25,5,4, NEITHER PARTY WILLBE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES
SUFFERED BY SUCH OTHER PARTY (INCLUDING WITHOUT
LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST REVENUES,
LOST SAVINGS, OR LOST PROFITS SUFFERED BY SUCH OTHERpARTy), REGARDLESS OF THE FORM OF ACTION, WHETHER tN
CONTMCT, WARRANTY, STRICT LIABILITY, OR TORT, INCLUDING
WITHOUT LIMITATION, NEGLIGENCE OF ANY KIND WHETHER
ACTIVE OR PASSIVE, AND REGARDLESS OF WHETHER THE
PARTIES KNEW OF THE POSSIBILITY THAT SUCH DAMAGES
COULD RESULT.
25.5.3 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 the provision of such
advice, recommendations, and analysis.
25.5.4 Section 25.5.1and Section 25.5.2 do not apply to the following:
a. lndemnification under Section 25.5.1;
b. Breach of any obligation of confidentiality referenced in this
Agreement;
c. Violation of security procedures;
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d. Any breach by CenturyLink Communications LLC,of any provision
relating to CenturyLink Communications LLC,'s access to or use
of Operations Support Systems;
e. Failure to properly safeguard, or any misuse of, customer data;
f. Statutory damages;
g. Liability for intentional or willful misconduct;
h. Liability arising under any applicable CenturyLink Tariff;
i. Liability arising under any indemnification provision contained in
this Agreement or any separate agreement or Tariff related to
provisioning of 91 1/E91 1 services;
j. Each Party's obligations under Section 24 of this Agreement;
k. Section 25.6.2 and/or Section 25.6.3 of this Agreement;
l. Section 35 of this Agreement; and/or
m. Liability arising under any indemnification provision contained in a
separate agreement or Tariff related to provisioning of Directory
Listing or Directory Assistance Services.
25.6 Liability of CenturyLink. ln addition to the general limitation of liability in this
Section 25, the following shall also limit CenturyLink's liability under this
Agreement.
25.6.1 lnapplicability of Tariff Liability. CenturyLink's general liability, as
described in its local exchange or other Tariffs, does not extend to
CenturyLink Communications LLC,CenturyLink Communications LLC,'s
End User(s), suppliers, agents, employees, or any other third parties.
Liability of CenturyLink to CenturyLink Communications LLC,resulting
from any and all causes arising out of services, facilities, UNEs or any
other items relating to this Agreement shall be governed by the liability
provisions contained in this Agreement and no other liability whatsoever
shall attach to CenturyLink. CenturyLink shall not be liable for any loss,
claims, liability or damages asserted by CenturyLink Communications
LLC,CenturyLink Communications LLC,'s End Use(s), suppliers, agents,
employees, or any other third parties where CenturyLink Communications
LlC,combines or commingles such components with those components
provided by CenturyLink to CenturyLink Communications LLC,,
25.6.2CenturyLink Communications LlC,Tariffs or Contracts. CenturyLink
Communications LlC,shall, in its Tariffs or other contracts for services
provided to its End Users using products, services, facilities or UNEs
obtained from CenturyLink, provide that in no case shall CenturyLink be
liable for any indirect, incidental, reliance, special, consequential or
punitive damages, including, but not limited to, economic loss or lost
business or profits, whether foreseeable or not, and regardless of
notification by CenturyLink Communications LLC,CenturyLink
Communications LLC,'s End User(s), suppliers, agents, employees, or
any other third parties of the possibility of such damages, and
CenturyLink Communications LLC,shall indemnify, defend and hold
harmless CenturyLink and CenturyLink's lndemnitee Group from any and
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all claims, demands, causes of action and liabilities by or to, and based
on any reason whatsoever, CenturyLink Communications LLC,'s End
Use(s), suppliers, agents, employees, or any other third parties. Nothing
in this Agreement shall be deemed to create a third-party beneficiary
relationship between CenturyLink and any of CenturyLink
Communications LLC,'s End Users, suppliers, agents, employees, or any
other third parties.
25.6.3 No Liability for Errors. CenturyLink is not liable for mistakes in
CenturyLink's signaling networks (including but not limited to signaling
links and Signaling Transfer Points (STPs)) and call-related databases
(including but not limited to the Line lnformation Database (LIDB), Toll
Free Calling database, Local Number Portability database, Advanced
lntelligent Network databases, Calling Name database (CNAM),
911/E911 databases, and OS/DA databases). CenturyLink
Communications LLC, shall indemnify, defend and hold harmless
CenturyLink and CenturyLink's lndemnitee Group from any and all claims,
demands, causes of action and liabilities whatsoever, including costs,
expenses and reasonable attorneys' fees incurred on account thereof, by
or to CenturyLink Communications LLC,'s End User(s), suppliers, agents,
employees, or any other third parties based on any reason whatsoever.
For purposes of this Section, mistakes shall not include matters arising
exclusively out of the willful misconduct of CenturyLink or its employees
or agents.
25.6.4 CenturyLink shall be liable for damage to or destruction of CenturyLink
Communications LLC,'s equipment and other premises only if such
damage or destruction is caused by CenturyLink's sole negligence or
willful misconduct.
26. SUBCONTRACTORSERROR! BOOKMARK NOT DEFINED.
26.1 A Party may use a contractor or service partner (including, but not limited to, an
Affiliate of the Party) to perform the Party's obligations under this Agreement. A
Party's use of a contractor or service partner shall not release the Party from any
duty or liability to fulfill the Party's obligations under this Agreement.
2T.INSURANCE
27.1 During the term of this Agreement, Centurylink Communications LlC,shall carry,
and shall cause any subcontractors to carry, with financially reputable insurers
which are licensed to do business in all jurisdictions where any property is
located, not less than the following insurance:
27.1.1 Commercial General Liability with limits of not less than $1,000,000
combined single limit per occurrence and aggregate for bodily injury,
property damage and personal and advertising injury liability insurance to
include coverage for contractual and products/completed operations
liability, naming CenturyLink as additional insured;
27.1.2 Business Auto liability, including all owned, non-owned and hired
automobiles, in an amount of not less than $1,000,000 combined single
limit per accident for bodily injury and property damage liability, naming
CenturyLink as additional insured;
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27.1.3 Workers Compensation as provided for in the jurisdiction where the
Property is located, with an Employer's Liability limit of not less than
$500,000 per accident or disease;
27.1.4 Umbrella or excess liability in an amount not less than $5,000,000 per
occurren@ and aggregate in excess of the above-referenced Commercial
General, Business Auto and Employe/s Liability, naming CenturyLink as
additional insured; and
27.1.5 "All Risk" property insurance on a full replacement cost basis insuring
CenturyLink Communications LLC,'s property situated on or within the
Property, naming CenturyLink as loss payee. CenturyLink
Communications LLC,may elect to insure business interruption and
contingent business interruption, as it is agreed that CenturyLink has no
liability for loss of profit or revenues should an interruption of service
occur.
27.2 Nothing contained in this Section shall limit CenturyLink Communications LLC,'s
liability to CenturyLink to the limits of insurance certified or carried.
27.3 All policies required of CenturyLink Communications LlC,shall contain evidence
of the insurer's waiver of the right of subrogation against CenturyLink for any
insured loss covered thereunder. All policies of insurance shall be written as
primary policies and not contributing with or in excess of the coverage, if any,
that CenturyLink may carry.
27.4 CenturyLink Communications LlC,shall furnish to CenturyLink a certificate or
certificates of insurance, satisfactory in form and content to CenturyLink,
evidencing that the above coverage is in force and has been endorsed to
guarantee that the coverage will not be cancelled without first giving at least thirty
(30) Days prior written notice to CenturyLink.
28. NON.EXCLUSIVE REMEDIES
28.1 Except as otherwise provided herein, all rights of termination, cancellation or
other remedies prescribed in this Agreement, or otherwise available, are
cumulative and are not intended to be exclusive of other remedies to which the
injured Party may be entitled to under this Agreement or at law or in equity in
case of any breach or threatened breach by the other Party of any provision of
this Agreement, and use of one or more remedies shall not bar use of any other
remedy for the purpose of enforcing the provisions of this Agreement.
29. RESERVATION OF RIGHTS
29.1 Notwithstanding anything to the contrary in this Agreement, neither Party waives,
and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise
seek the reversal of and changes in any arbitration decision associated with this
Agreement; (b) to challenge the lawfulness of this Agreement and any provision
of this Agreement; (c) to seek changes in this Agreement (including, but not
limited to, changes in rates, charges and the services that must be offered)
through changes in Applicable Law; and, (d) to challenge the lawfulness and
propriety of, and to seek to change, any Applicable Law, including, but not limited
to any rule, regulation, order or decision of the Commission, the FCC, or a court
of applicable jurisdiction. Nothing in this Agreement shall be deemed to limit or
prejudice any position a Party has taken or may take before the Commission, the
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FCC, any other state or federal regulatory or legislative bodies, courts of
applicable jurisdiction, or industry fora. The provisions of this Section shall
survive the expiration, cancellation or termination of this Agreement.
30. NOTICES
30.1 Any notices required by or concerning this Agreement shall be in writing and
shall be deemed to have been received as follows: (a) on the date of service if
served personally; (b) on the date three (3) Business Days after mailing if
delivered by First Class U.S. mail, postage prepaid; (c) on the date stated on the
receipt if delivered by certified U.S. mail, registered U.S. mail, overnight courier
or express delivery service with next Business Day delivery, or (d) on the date of
an email, when such notices are sent to the addresses specified below.
30.2 Notices conveyed pursuant to this Section shall be delivered to the following
addresses of the Parties or to such other address as either Party shall designate
by proper notice,
Qwest Corporation dba CenturyLink QC
Director Wholesale Contracts
930 1sth Street 6th Floor Denver, CO 80202
Email : [e-mail]
Phone: [phone]
With copy to CenturyLink at the address shown below
CenturyLink Law Department
Associate General Counsel, lnterconnection
1801 California Street, 9th Floor
Denver, CO 80202
Emai I : Leoal. I [e-mail]
Phone: [phone]
Notices to CLEC:
ICA-l nterconnection Agreements
CenturyLink Communications LLC,
4650 Lakehurst Ct., 3d Floor
Dublin, OH 43016-3252
31. REFERENCES
All references to Articles, Sections, attachments, Tables and the like shall be
deemed to be references to Articles, Sections, attachments and Tables of this
Agreement unless the context shall otherwise require.
32. RELATIONSHIP OF THE PARTIES
32.1 The relationship of the Parties under this Agreement shall be that of independent
contractors and nothing herein shall be construed as creating any other
relationship between the Parties.
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32.2 Nothing in this Agreement shall make either Party or a Party's employee an
employee of the other, create a partnership, joint venture, or other similar
relationship between the Parties, or grant to either Party a license, franchise,
distributorship or similar interest.
32.3 Except for provisions herein expressly authorizing a Party to act for another
Party, nothing in this Agreement shall constitute a Party as a legal representative
or Agent of the other Party, nor shall a Party have the right or authority to
assume, create or incur any liability or any obligation of any kind, express or
implied, against, in the name or on behalf of the other Party unless otherwise
expressly permitted by such other Party in writing, which permission may be
granted or withheld by the other Party in its sole discretion.
32.4 Each Party shall have sole authority and responsibility to hire, fire, compensate,
supervise, and otherwise control its employees, Agents and contractors. Each
Party shall be solely responsible for payment of any Social Security or other
taxes that it is required by Applicable Law to pay in conjunction with its
employees, Agents and contractors, and for withholding and remitting to the
applicable taxing authorities any taxes that it is required by Applicable Law to
collect from its employees, including but not limited to Social Security,
unemployment, workers' compensation, disability insurance, and federal and
state withholding.
32.5 Except as provided by Section 26, the persons provided by each Party to perform
its obligations hereunder shall be solely that Party's employees and shall be
under the sole and exclusive direction and control of that Party. They shall not
be considered employees of the other Party for any purpose.
32.6 Except as otherwise expressly provided in this Agreement, no Party undertakes
to perform any obligation of the other Party, whether regulatory or contractual, or
to assume any responsibility for the management of the other Party's business,
32.7 The relationship of the Parties under this Agreement is a non-exclusive
relationship.
32.8 Each Party shall indemnify the other for any loss, damage, liability, claim,
demand, or penalty that may be sustained by reason of its failure to comply with
this Section.
33. SUCCESSORS AND ASSIGNS - BINDING EFFECT
33.1 This Agreement shall be binding on and inure to the benefit of the Parties and
their respective legal successors and permitted assigns,
34. SURVIVAL
34.1 The rights, liabilities and obligations of a Party for acts or omissions occurring
prior to the expiration or termination of this Agreement, the rights, liabilities and
obligations of a Party under any provision of this Agreement regarding
confidential information (including but not limited to, Sectionl3), limitation or
exclusion of liability, indemnification or defense (including, but not limited to,
Section 25), and the rights, liabilities and obligations of a Party under any
provision of this Agreement which by its terms or nature is intended to continue
beyond or to be performed after the expiration, or termination of this Agreement,
shall survive the expiration or termination of this Agreement.
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35. TAXES/FEES
35.1 Any State or local excise, sales, or use taxes (defined in Sections 35.3 and 35.4
but excluding any taxes levied on income) and fees/regulatory surcharges
(defined in Section 35.5) 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 same is placed upon
the other Party. The collecting Party shall charge and collect from the obligated
Party, and the obligated Party agrees to pay to the collecting Party, all applicable
taxes, or fees/regulatory surcharges, except to the extent that the obligated Party
notifies the collecting Party and provides to the collecting Party appropriate
documentation as the collecting Party reasonably requires that qualifies the
obligated Party for a full or partial exemption. Any such taxes shall be shown as
separate items on applicable billing documents between the Parties. The
obligated Party may contest the same in good faith, at its own expense, and shall
be entitled to the benefit of any refund or recovery, provided that such Party shall
not permit any lien to exist on any asset of the other Party by reason of the
contest. The collecting Party shall cooperate in any such contest by the other
Party. The other Party will indemnify the collecting Party from any sales or use
taxes that may be subsequently levied on payments by the other Party to the
collecting Party.
35.2 Notwithstanding anything to the contrary contained herein, CenturyLink
Communications LLC,is responsible for furnishing tax exempt status information
to CenturyLink at the time of the execution of the Agreement. CenturyLink
Communications LLC,is also responsible for furnishing any updates or changes
in its tax exempt status to CenturyLink during the Term of this Agreement. ln
addition, Centurylink Communications LLC,is responsible for submitting and/or
filing tax exempt status information to the appropriate regulatory, municipality,
local governing, and/or legislative body. lt is expressly understood and agreed
that CenturyLink Communications LLC,'s representations to CenturyLink
concerning the status of CenturyLink Communications LLC,'s claimed tax exempt
status, if any, and its impact on this Section 35 are subject to the indemnification
provisions of Section 25, which, for purposes of this Section, serve to indemnify
CenturyLink.
35.3 Tax. A tax is defined as a charge which is statutorily imposed by the federal,
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 charge(s) to the federal, State or local
jurisdiction or (b) imposed on the purchaser with the seller having an obligation to
collect the charge(s) from the purchaser and remit the charge(s) to the federal,
State or local jurisdiction.
35.4 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 Centurylink, or property
taxes. Taxes shall not include payroll withholding taxes unless specifically
required by statute or ordinance.
35.5 Fees/Regulatory Surcharges. A fee/regulatory surcharge is defined as a charge
imposed by a regulatory authority, other agency, or resulting from a contractual
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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, other
N11, franchise fees, and Commission surcharges.
36. TERRITORY
36.1 This Agreement applies to the territory in which CenturyLink operates as an
lncumbent Local Exchange Carrier (ILEC) in the State. CenturyLink shall be
obligated to provide services under this Agreement only within this territory.
36.2 Notwithstanding any other provision of this Agreement, CenturyLink may
terminate this Agreement as to a specific operating territory or portion thereof
pursuant to Section 7.8 of this Agreement.
37. THIRD.PARTY BENEFICIARIES
37.1 Except as expressly set forth in this Agreement, this Agreement is for the sole
benefit of the Parties and their permitted assigns, and nothing herein shall create
or be construed to provide any person or entity not a party hereto (including, but
not limited to, customers or contractors of a Party) with any rights (including, but
not limited to, any third-party beneficiary rights) remedies, claims or rights of
action hereunder. Except as expressly set forth in this Agreement, a Party shall
have no liability under this Agreement to the customers of the other Party or to
any other third person.
38. USE OF SERVICE
38.1 Each Party shall make commercially reasonable efforts to ensure that its End
Users comply with the provisions of this Agreement (including, but not limited to
the provisions of applicable Tariffs) applicable to the use of services purchased
by it under this Agreement.
39. FEDERAL JURISDICTIONAL AREAS
39.1 To the extent that CenturyLink has contracts with federal entities that limit or
prohibit the ability of CenturyLink Communications LLC,to provide resale andior
UNEs, such contracts will govern telecommunications services in areas or
structures used for military purposes (Federal Enclaves). Thus,
Telecommunications Services to such Federal Enclaves are not subject to the
jurisdiction of the Commission, and the Parties agree that Services provided
within Federal Enclaves are not within the scope of this Agreement.
40. WAIVER
40.1 Waiver by either Party of any default by the other Party shall not be deemed a
waiver of any other default. A failure or delay of either Party to enforce any of the
provisions of this Agreement, or any right or remedy available under this
Agreement or at law or in equity, or to require performance of any of the
provisions of this Agreement, or to exercise any option which is provided under
this Agreement, shall in no way be construed to be a waiver of such provisions,
rights, remedies or options, and the same shall continue in fullforce and effect.
41. WITHDRAWAL OF SERVICES
41.1 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, CenturyLink may terminate its offering and/or
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provision of any particular service offering covered by this Agreement upon at
least thirty (30) Days prior written notice to CenturyLink Communications LLC,.
42. TECHNOLOGY UPGRADES
42.1 Notwithstanding any other provision of this Agreement, CenturyLink may deploy,
upgrade, migrate and maintain its network at its discretion. Nothing in this
Agreement shall limit CenturyLink's ability to modify its network through the
incorporation of new equipment or software or otherwise. CenturyLink
Communications LlC,shall be solely responsible for the cost and activities
associated with accommodating such changes in its own network.
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ARTICLE III. IMPLEMENTATION
The terms of this Article address the requirements for the implementation of this Agreement
between the Parties. Notwithstanding the above, to the extent permitted by Agreement terms
and Applicable Law, any terms in this Article may be invoked or otherwise remain applicable
subsequent to the initial implementation of this Agreement.
43. IMPLEMENTATION PLAN
43.1 This Agreement together with the Standard Practices and any Tariff terms
incorporated herein by reference, set forth the overall standards of performance
for the services, processes, and systems capabilities that the Parties will provide
to each other, and the intervals at which those services, processes and
capabilities will be provided. The Parties understand that the arrangements and
provision of services described in this Agreement shall require technical and
operational coordination between the Parties. To the extent not otherwise
specified or incorporated by reference herein, the Parties agree to work
cooperatively to identify those processes, guidelines, specifications, standards
and additional terms and conditions necessary to support and satisfy the
standards set forth in this Agreement and implement each Party's obligations
hereunder.
43.2 Dispute Resolution. lf the Parties are unable to agree upon any of the matters to
be included in the lmplementation Plan, then either Party may invoke the
procedures set forth in Sectionl6.
44. SECURITY DEPOSIT
44.1 CenturyLink reserves the right to secure the account at any time with a suitable
security deposit in the form and amounts set forth herein. lf payment of the
security deposit is not made within thirty (30) Days of the request, CenturyLink
may stop processing orders for service and Carrier will be considered in material
breach of the Agreement.
44.2 Security deposits shall take the form of cash or cash equivalent, an irrevocable
letter of credit or other form of security acceptable to CenturyLink.
44.3 lf a security deposit is required on a new account, CenturyLink Communications
LLC,will remit such security deposit prior to inauguration of service. lf a security
deposit is requested or increased for an existing account, payment of the security
deposit will be made prior to acceptance by CenturyLink of additional orders for
service.
44.4 Security deposits shall be in an amount equal to two (2) months' estimated
billings as calculated by CenturyLink, or twice the most recent month's invoices
from CenturyLink for existing accounts. All security deposits will be subject to a
minimum deposit level of $10,000.
44.5 The fact that a security deposit has been made in no way relieves CenturyLink
Communications LLC,from complying with Centurylink's regulations as to
advance payments and the prompt payment of bills on presentation, nor is it a
waiver or modification of the regular practices of CenturyLink for the
discontinuance of service for non-payment of any sums due CenturyLink.
44.6 CenturyLink may require an increase in the security deposit when (i) the amount
of the deposit currently held by CenturyLink is less than two (2) months'
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estimated billings, or (ii) when gross monthly billing has increased beyond the
level initially used to determine the security deposit.
44.7 Any security deposit shall be held by CenturyLink as a guarantee of payment of
any charges for services billed to CenturyLink Communications LLC,pursuant to
this Agreement or in connection with any other services provided to CenturyLink
Communications LLC,by CenturyLink. CenturyLink may exercise its right to credit
any cash deposit to CenturyLink Communications LLC,'s account, or to demand
payment from the issuing bank or bonding company of any irrevocable bank
letter of credit, upon the occurrence of any one of the following events:
44.7.1 when CenturyLink Communications LLC,'s undisputed balances due to
CenturyLink are more than thirty (30) Days past due; and/or
44.7.2 when CenturyLink Communications LlC,files for protection under the
bankruptcy laws; and/or
44.7.3 when an involuntary petition in bankruptcy is filed against CenturyLink
Communications LLC,and is not dismissed within sixty (60) Days; and/or
44.7.4 when this Agreement expires or terminates; and/or
44.7.5 any letter of credit issued hereunder or any bank issuing a letter of credit
hereunder (each, a "Letter of Credit Bank) fails to meet the terms,
conditions, and requirements set forth below in this Section; and/or
44.7.6 Centurylink Communications LlC,fails to provide CenturyLink with a
replacement letter of credit on the terms set forth herein at least ten (10)
Business Days prior to the expiration of any letter of credit issued to
CenturyLink hereunder.
44.8 lf any security deposit held by Centurylink is applied as a credit toward payment
of CenturyLink Communications LLC,'s balances due to CenturyLink, then
CenturyLink may require CenturyLink Communications LLC,to provide a new
deposit. lf payment of the new deposit is not made within thirty (30) Days of the
request, CenturyLink may stop processing orders for service and CenturyLink
Communications LLC,will be considered in breach of the Agreement.
44.9 Any security deposit may be held during the continuance of the service as
security for the payment of any and all amounts accruing for the service. No
interest will accrue or be paid on deposits.
44.10 Any letter of credit issued to CenturyLink hereunder must meet the following
requirements:
44.10.1
44.10.2
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The bank issuing any letter of credit hereunder (the "Letter of
Credit Bank) must maintain a minimum credit rating of A (by
Standard & Poor's) or A2 (by Moody's). lf CenturyLink
Communications LlC,proposes that the letter of credit be issued
by a bank that is not so rated by Standard & Poor's or Moody's,
then CenturyLink Communications LLC,must obtain the prior
written approval by CenturyLink to use such bank as the Letter of
Credit Bank.
The original letter of credit shall be in such form and on terms that
are acceptable to CenturyLink and must include an automatic one-
year renewal extension.
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44.10.3 lf CenturyLink Communications LlC,receives notice from the
Letter of Credit Bank of any non-renewal of a letter of credit issued
hereunder, then CenturyLink Communications LLC,shall promptly
give written notice to CenturyLink of such notice of non-renewal.
Not later than ten (10) Business Days prior to the expiration of the
letter of credit, CenturyLink Communications LLC,shall provide
CenturyLink a replacement letter of credit on substantially identical
terms to the existing letter of credit (or such other terms as are
acceptable to CenturyLink). lf CenturyLink Communications
LLC,provides a replacement letter of credit not later than ten (10)
Business Days prior to the expiration of the expiring letter of
credit, then CenturyLink shall not make a drawing under the
expiring letter of credit. Upon receipt of a replacement letter of
credit meeting the requirements set forth in this Agreement,
CenturyLink will provide the original, expiring letter of credit to
CenturyLink Communications LLC,.
44.10.4 lf CenturyLink Communications LLC,desires to replace any letter
of credit issued to CenturyLink hereunder, whether due to non-
renewal or otherwise, each such replacement letter of credit and
the Letter of Credit Bank issuing such replacement letter of credit
must meet the terms, conditions and requirements set forth in this
Section.
45. START.UP DOCUMENTATION
45.1 CenturyLink Communications LLC,is required to submit to CenturyLink the
"CenturyLink Communications LLC,Profile," and other required documentation,
as described in the process on the CenturyLink Wholesale Website.
45.2 CenturyLink Communications LLC,must represent and warrant to CenturyLink
that it is a certified local provider of Telephone Exchange Service in the State
prior to submitting orders or exchanging any traffic under this Agreement.
46. LETTER OF AUTHORTZATION (LOA)
46.1 To the extent CenturyLink Communications LLC,has not previously done so,
CenturyLink Communications LlC,shall execute a blanket letter of authorization
(LOA) with respect to customer requests to change service providers or to permit
the Party to view CPNI, such as pursuant to the submission of a Customer
Service Record (CSR) Search order, prior to a request to change service
providers. Under the blanket LOA, a Party authorized by the customer to view or
use its CPNI need not provide proof of End User authorization to the other Party
before viewing or using the CPNI.
46.2 Each Party's access to CPNI of another Party's End User will be limited to
instances where the requesting Party has obtained the appropriate authorization
required under Applicable Law to change service providers or release of CPNI
from the End User.
46.3 The requesting Party is solely responsible for determining whether proper
authorization has been obtained and holds the other Party harmless from any
loss or liability on account of the requesting Pafi's failure to obtain proper CPNI
authorization from a customer.
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46.4 The requesting Party must maintain records of all customer authorizations to
change service providers or release of CPNI in compliance with State and federal
law.
46.5 When a blanket LOA has been executed and where such blanket LOA contains
the appropriate authorization to change service providers or release CPNI as
incorporated in the Standard Practices or otherwise approved in advance by
CenturyLink, CenturyLink will not require CenturyLink Communications LLC,to
submit an individual LOA prior to changing service providers or releasing CPNI,
providing Customer Service Records (CSRs), or processing orders.
46.5.1 For any prospective CenturyLink Communications LLC,End User,
CenturyLink shall provide CenturyLink Communications LLC,with access
to that subscriber's CPNI without requiring CenturyLink Communications
LLC,to produce a signed LOA, subject to applicable rules, orders, and
decisions, and based on CenturyLink Communications LLC,'s blanket
representation that subscriber has authorized CenturyLink
Communications LLC,to obtain such CPNI.
46.5.2 The provisioning of CPNI from Centurylink to CenturyLink
Communications LlC,shall be accomplished through the preordering
Electronic lnterface.
46.5.3 lf a Party requests CPNI of a prospective subscriber from the other Party,
the other Party shall provide access to that subscriber's CPNI without
requiring the requesting Party to produce a signed LOA, subject to
applicable rules, orders, and decisions, and based on the requesting
Party's blanket representation that it has obtained a proper authorization
from the prospective subscriber to obtain such CPNI.
46.5.4 The cure period in Section 7.7 for material defaults shall not affect either
Party's obligation to comply with the requirements of 47 C.F.R. S64.1150to give timely notice to the Commission and other carriers of any
unauthorized carrier change, to remove any unpaid charges, and to
submit proper documentation to the relevant governmental agency within
thirty (30) Days.
46.6 lf a Party fails to provide proper documentation of permission obtained from
prospective subscribers for at least ninety five percent (95%) of subscribers
whose CPNI has been obtained from the other Party, and if such failure
continues for over sixty(60) Days after written notice of the breach, then as an
alternative to terminating this Agreement pursuant to Section 7.7 for an uncured
default, the other Party may discontinue processing new Service Orders and/or
disconnect any electronic preordering interface until such failures have been
substantially rectified and the defaulting Party has provided adequate assurances
to the other Party that adequate steps have been implemented to prevent
ongoing problems with such records compliance. The exercise of this alternative
remedy shall not act as a waiver of the right to terminate this Agreement under
Section 7.7 if an ongoing default is not substantially rectified within sixty (60)
Days written notice.
46.7 Any dispute between the Parties with respect to their rights and obligations under
this Section shall be subject to the Dispute Resolution provisions of this
Agreement, and the Parties must attempt to resolve any dispute concerning the
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validity of subscriber authorizations prior to filing a formal complaint with the
Commission provided however, that the sixty (60) Day waiting period for filing a
Complaint under Section 16.2.4 shall not apply to such disputes. lf a Party files a
Complaint with the Commission to resolve any such dispute, then while such
proceeding is pending the other Party shall not be entitled to exercise alternative
remedy under Section 46.6 unless the Commission determines otherwise.
46.8 CenturyLink will bill CenturyLink Communications LlC,fifty dollars ($50.00) per
affected line in lieu of any additional charge in order to compensate CenturyLink
for switching the End User back to the original LEC.
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ARTICLE IV. OPERATIONAL TERMS
47. STANDARD PRACTICES
47.1 Standard Practices may incorporate by reference various industry, OBF, and
other standards referred to throughout this Agreement, which may be
implemented to satisfy any CenturyLink obligations under this Agreement.
47.2 lf CenturyLink Communications LLC,desires notice of changes made to
CenturyLink's Standard Practices, CenturyLink Communications LLC,may make
such a request during the Agreement implementation process or at any
subsequent time during the term of this Agreement.
48. ESCALATION PROCEDURES
48.1 The Standard Practices outlines the escalation process which may be invoked at
any point in the Service Ordering, Provisioning, and Maintenance processes to
facilitate rapid and timely resolution of disputes.
49. INTENTIONALLY LEFT BLANK
50. CONTACT WITH END USERS
50.1 Each Party at all times shall be the primary contact and account control for all
interactions with its End Users, unless otherwise agreed to by the Parties. End
Users include active subscribers as well as those for whom Service Order
installations are pending.
50.2 CenturyLink shall have no obligation, to accept a communication from a
CenturyLink Communications LLC,End User, including, but not limited to, a
CenturyLink Communications LLC,End User request for repair or maintenance of
a CenturyLink service provided to CenturyLink Communications LLC,.
50.3 Each Party shall update its own contact information and escalation list and shall
provide such information to the other Party for purposes of inquiries regarding the
implementation of this Agreement. Each Party shall accept all inquiries from the
other Party and provide a timely response. CenturyLink will provide and maintain
its contact and escalation list on its CenturyLink Website.
50.4 The Parties will ensure that all representatives who receive inquiries regarding
the other Party's services shall provide appropriate referrals to potential
customers who inquire about the other Party's services or products. The Parties
shall not in any way disparage or discriminate against the other Party or that
other Party's products and services, and shall not solicit each others' customers
during such inquiries, provided however, a Party can answer unsolicited
customer questions about products and services of that Party.
50.5 The Parties will not use a request for End User information, order submission, or
any other aspect of its processes or services to aid its retail marketing or sales
efforts.
50.6 CenturyLink will provide training, on a non-discriminatory basis, for all
CenturyLink employees who may communicate, either by telephone or face-to-
face, with CenturyLink Communications LLC,End Users. Such training shall
include compliance with the branding requirements of this Agreement including
without limitation provisions of forms, and unbranded "Not at Home' notices.
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50.7 CenturyLink will recognize CenturyLink Communications LLC,as the Subscriber
of Record for all Network Elements or services for resale ordered by CenturyLink
Communications LLC,and will send all notices, invoices, and information which
pertain to such ordered services directly to CenturyLink Communications LLC,.
CenturyLink Communications LLC,will provide CenturyLink with addresses to
which CenturyLink will send all such notices, invoices, and information.
51. CAPACITY PLANNING AND FORECASTS
51.1 Forecast Requirements for lnterconnection
51.1.1 Within thirty (30) Days from the Effective Date of this Agreement, or as
soon after the Effective Date as practicable, the Parties agree to meet
and develop joint planning and forecasting responsibilities which are
applicable to lnterconnection services. CenturyLink may delay
processing CenturyLink Communications LlC,Service Orders should
CenturyLink Communications LLC,not perform obligations as specified in
this Section.
51.1.2 CenturyLink Communications LLC,shall provide forecasts for trafflc
utilization over trunk groups. Orders for trunks that exceed forecasted
quantities for forecasted locations will be accommodated as facilities
and/or equipment are available. CenturyLink shall make all reasonable
efforts and cooperate in good faith to develop alternative solutions to
accommodate orders when facilities are not available. Company forecast
information must be provided by Centurylink Communications LLC,to
CenturyLink twice a year. The initial trunk forecast meeting should take
place soon after the first implementation meeting. A forecast should be
provided at or prior to the first implementation meeting.
51.1.3 Facilities will be planned for in accordance with the trunk forecasts
exchanged between the Parties as described in this Section.
51.2 Format and Content
51.2.1 Unless otherwise specified by CenturyLink, the forecasting forms located
on the CenturyLink Wholesale Website will be used by CenturyLink
Communications LLC,for the requirements of this Section.
51.2.2 The joint planning process/negotiations should be completed within two
(2) months of the initiation of such discussion.
51.2.3 Description of major network projects that affect the other Party will be
provided in the semi-annualforecasts. Major network projects include but
are not limited to trunking or network rearrangements, shifts in anticipated
traffic patterns, or other activities by CenturyLink Communications
LLC,that are reflected by a significant increase or decrease in trunking
demand for the following forecasting period.
51.2.4 Parties shall meet to review and reconcile the forecasts if forecasts vary
significantly.
51.2.5 CenturyLink Communications LLC,shall provide an updated trunk forecast
when ordering or requesting additional trunks from CenturyLink anytime
after the initial trunk implementation.
51.3 Responsibility of Parties
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51.3.1 The parties agree to abide by the following if a forecast cannot be agreed
to: Local lnterconnection Trunk Groups will be provisioned to the higher
forecast. A blocking standard of one percent (1%) during the average
busy hour shall be maintained. Should the Parties not agree upon the
forecast, and the Parties engineer facilities at the higher forecast, the
Parties agree to abide by the following:
a. ln the event that CenturyLink Communications LlC,over-forecasts
its trunking requirements by twenty percent (20%) or more, and
CenturyLink acts upon this forecast to its detriment, CenturyLink
may recoup any actual and reasonable expense it incurs.
b. The calculation of the twenty percent (20%) over-forecast will be
based on the number of DS1 equivalents for the total traffic
volume exchanged between the Parties.
51.3.2 ln addition to the joint trunk group forecasting established in Section 51.1,
discussions to provide relief to existing facilities can be initiated by either
party. Actual system augmentations will be initiated upon mutual
agreement.
51,3.3 Both Parties will perform a joint validation to ensure current
lnterconnection facilities and associated trunks have not been over-
provisioned. lf any facilities and/or associated trunks are over-
provisioned, they will be turned down where appropriate. Trunk design
blocking criteria described in Section 64.3.4 will be used in determining
trunk group sizing requirements and forecasts.
51.3.4 lf, based on the forecasted equivalent DS-1 growth, the existing facilities
are not projected to exhaust within one year, the Parties will suspend
further relief planning on this lnterconnection until a date one (1) year
prior to the projected exhaust date. lf growth patterns change during the
suspension period, either Party may re-initiate the joint planning process.
51.3.5 Both Parties will negotiate a project service date and corresponding work
schedule to construct relief facilities prior to facilities exhaust.
52. BONA FIDE REQUEST (BFR)
52.1 Through the Bona Fide Request (BFR) process, CenturyLink Communications
LLC,may request: (1) access to a Network Element CenturyLink is required to
provide under Applicable Law, but such Network Element is new, undefined or
otherwise required to be provided but not available under the terms of this
Agreement; (2) access to facilities and equipment that are not Currently
Available, or to UNEs that are superior or inferior in quality than those that
CenturyLink provides to itself; and (3) certain other services, features,
capabilities or functionalities defined and agreed upon by the Parties as services
to be ordered via the BFR process.
52.2 Notwithstanding anything to the contrary in this Agreement, Centurylink shall
only be required to provide or continue to provide UNEs and/or other
arrangements and services that Centurylink is otherwise obligated to provide
under Applicable Law pursuant to the provisions of this Agreement, including the
BFR process, if needed. While CenturyLink may permit CenturyLink
Communications LLC,to submit BFR requests for Network Elements,
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arrangements or services that CenturyLink is not obligated under Applicable Law
to provide, CenturyLink is not required to provide such Network Elements,
arrangements or services, and CenturyLink may elect or decline to provide same
at its sole discretion.
52.3 Process
52.3.1 CenturyLink Communications LLC,shall submit to CenturyLink a written
BFR application (Request), in a form to be provided by CenturyLink and
as published on CenturyLink's Website. The Request shall specifically
identify relevant technical requirements and descriptions, drawings,
locations and/or any other such specifications that are reasonably
necessary to clearly define the Request such that CenturyLink has
sufficient information to analyze and prepare a response.
52.3.2 lf fulfilling the request involves construction or engineering analysis,
CenturyLink will notify CenturyLink Communications LLC,of such and
CenturyLink Communications LLC,will make the non-refundable NRC
payment set forth in Table 1 to compensate CenturyLink for its costs to
perform the analysis. CenturyLink shall have no obligation to further
evaluate the request, conduct any analysis or prepare a price quote for
the requested service until the non-refundable NRC payment has been
received.
52.3.3 CenturyLink Communications LLC,may cancel a Request in writing at any
time prior to agreeing on price and availability in the final quote.
CenturyLink will then cease analysis and/or development of the Request.
However, CenturyLink Communications LLC,will pay CenturyLink its
reasonable and demonstrable costs of processing and/or implementing
the BFR up to and including the date on which CenturyLink receives
CenturyLink Communications LLC,'s notice of cancellation if such costs
are not already covered in full by a previously submitted non-refundable
NRC payment.
52.3.4 Centurylink shall acknowledge in writing the receipt of a Request and
shall identify a single point of contact to process the Request within ten
(10) Business Days of CenturyLink's receipt of a Request. CenturyLinkwill advise CenturyLink Communications LLC,of any additional
information needed for a complete and accurate Request.
52.3.5 Except under extraordinary circumstances, within thirty (30) Days of its
receipt of a complete and accurate Request, CenturyLink will approve or
deny the Request (Preliminary Analysis). lf CenturyLink denies
CenturyLink Communications LLC,'s Request, the Preliminary Analysis
will provide the reason(s) for such denial.
52.3.6 CenturyLink Communications LLC,may accept or reject CenturyLink's
Preliminary Analysis, at its discretion. CenturyLink Communications
LLC,will provide written acceptance of the Preliminary Analysis to
CenturyLink within thirty (30) Days of its receipt of the Preliminary
Analysis or CenturyLink Communications LLC,'s Request will be deemed
to be cancelled.
52.3.7 Upon receiving Centurylink Communications LLC,'s written acceptance
and authorization of the Preliminary Analysis, CenturyLink will proceed to
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develop a Final Quote. The Final Quote shall contain a description of
each access arrangement or service to be provided, a tentative
availability date, the applicable rates, the installation intervals, BFR
development and processing costs and the terms and conditions under
which access to the requested Network Element, arrangement or service
will be offered. CenturyLink shall provide the Final Quote within ninety
(90) Days of receiving CenturyLink Communications LLC,'s written
acceptance and authorization to the Preliminary Analysis.
52.3.8 The tentative availability date is dependent on when CenturyLink
Communications LLC,accepts the Final Quote. CenturyLink shall make
reasonable efforts to provide an availability date that is within ninety (90)
Days from the date it receives CenturyLink Communications LLC,'s
written Final Acceptance as described below in Section 52.3.9. lf
CenturyLink cannot complete the BFR within ninety (90) Days of receiving
CenturyLink Communications LLC,'s Final Acceptance, CenturyLink and
CenturyLink Communications LLC,will then determine a mutually
agreeable availability date.
52.3.9 Within thirty (30) Days of receipt of the Final Quote, CenturyLink
Communications LLC,must either (i) confirm or cancel its Request in
writing (Final Acceptance), or (ii) submit any disputed issues with the
Final Quote for dispute resolution pursuant to Section 16. CenturyLink
Communications LLC,'s written acceptance must include payment of one
hundred percent (100%) of the quoted costs.
53. ORDERING AND PROVISIONING
53.1 National Exchange Access Center (NEAC)
53.1.1 CenturyLink shall provide a NEAC or equivalent which shall serve as
CenturyLink Communications LLC,'s point of contact for all activities
involved in the ordering and provisioning of CenturyLink's Unbundled
Network Elements, features, functions, and resale services.
53.1.2 The NEAC shall provide to CenturyLink Communications LLC,a
nationwide telephone number answered during its normal office hours by
competent, knowledgeable personnel trained to answer questions and
resolve problems in connection with the ordering and provisioning of
Unbundled Network Elements (except those associated with local
trunking lnterconnection), features, functions, capabilities, and resale
services.
53.1.3 CenturyLink shall provide, as requested by CenturyLink Communications
LLC,through the NEAC, provisioning and premises visit installation
support in the form of coordinated scheduling, status, and dispatch
capabilities during CenturyLink's standard business hours, unless the
Parties agree otherwise.
53.2 NationalAccess Service Center (NASC)
53.2.1 CenturyLink shall provide a NASC or equivalent which shall serve as
CenturyLink Communications LLC,'s point of contact for all activities
involved in the ordering and provisioning of CenturyLink's lnterconnection
services
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53.3 Ordering and Provisioning
53.3.1 CenturyLink will provide necessary ordering and provisioning business
process support as well as those technical and systems interfaces as
may be required to enable CenturyLink Communications LLC,to provide
resale services, including the functions, features, and capabilities of such
services, and Unbundled Network Elements. lf CenturyLink deploys any
enhanced electronic capability CenturyLink will notify CenturyLink
Communications LLC,of availability and CenturyLink Communications
LLC,shall use the processes for performing transaction(s) to the extent
practicable and the use of any other interface or process will be
discontinued.
53.3.2 The Parties agree that orders for services under this Agreement will not
be submitted or accepted until thirty (30) Days after the completion of all
account establishment activities, including but not limited to, the
documents and information subscribed in Section 45.1, unless the Parties
mutually agree upon a different date based on the specific circumstances
of the Parties' relationship.
53.3.3 Except as specifically provided otherwise in this Agreement, pre-ordering,
ordering and provisioning of resold services shall be governed in
accordance with Centu ryLi n k's Standard Practices.
53.3.4 CenturyLink will provide provisioning intervals and procedures for design
and complex services on a nondiscriminatory basis. Complex Service
Order charges pursuant to Tariff terms may apply.
53.3.5 Where technically feasible, the NEAC will coordinate support for all
designed and/or complex services provided to CenturyLink
Communications LLC,.
53.3.6 To the extent required by Applicable Law, and upon request from
CenturyLink Communications LLC,employing CenturyLink's LSR,
CenturyLink will provide blocking of 700, 900, and 976 services, or other
services of similar type as may now exist or be developed in the future,
and shall provide Billed Number Screening (BNS), including required
LIDB updates, or equivalent service for blocking completion of billtothird
party and collect calls, on a line, PBX, or individual service basis.
Blocking shall be provided to the extent (a) it is an available option for the
Telecommunications Service resold by CenturyLink Communications
LLC,or (b) it is technically feasible when requested by CenturyLink
Communications LLC,as a function of Unbundled Network Elements.
53.3.7 When ordering a resale service via an LSR Service Order, Centurylink
Communications LLC,may order separate interLATA and intraLATA
service providers (i.e., two PlCs) on a line or trunk basis, and CenturyLink
Communications LLC,agrees to pay the applicable Service Order and PIC
charges associated with such order. CenturyLink will accept PIC change
orders for intraLATA toll and long distance services through the service
provisioning process.
53.3.8 The standard Service Order charges as listed in the Table 1 of this
agreement shall apply to all orders.
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53.4 Pre-qualification of Lines
53.4.'1 CenturyLink will accept line pre-qualification requests as follows:
53.4.2 CenturyLink Communications LLC,will submit a Line Pre-Qualification
Request using the CenturyLink order submission process. Each order is
limited to a maximum of seven (7) lines. Each line must be identified by
the following:
a. Customer Telephone Number
b. Customer Address
c. Customer Name
53.4.3 CenturyLink will acknowledge receipt of the request or reject the request
and give reasons therefore within twenty-four (24) Business Day hours.
Within three (3) Days of receiving a complete and accurate request,
CenturyLink will report by email the following data on the line(s): length of
loop, number of load coils, and number of bridge taps.
53.4.4 CenturyLink Communications LLC,shall pay the pre-qualification order
price set forth in Table 1 for each submitted order.
53.4.5 Pre-qualification requests are submitted at CenturyLink Communications
LLC,'s sole discretion. CenturyLink bears no liability for line quality or the
ability of a line to meet CenturyLink Communications LLC,'s needs where
CenturyLink Communications LLC,has submifted an order without having
the line pre-qualified.
53.5 Service Order Process Requirements
53.5.1
53.5.2
53.5.3
53.5.4
53.5.5
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CenturyLink will accept orders for As-ls Transfer of services from
CenturyLink to CenturyLink Communications LLC,where
CenturyLink is the End User's current local exchange carrier.
For resale of CenturyLink services CenturyLink shall not
disconnect any subscriber service or existing features at any time
during the migration of that subscriber to CenturyLink
Communications LLC,service without prior CenturyLink
Communications LLC, agreement.
When CenturyLink Communications LLC,has obtained an End
User from another reseller of CenturyLink services, CenturyLink
Communications LLC,will inform CenturyLink of the transfer by
submitting standard LSR forms to CenturyLink via the LSR
process.
Subject only to any system limitation noted in CenturyLink's
Standard Practices, Multiple Working Telephone Numbers WTN)may be included in one order provided the numbers are for the
same customer at a specific location.
ln situations where CenturyLink Communications LLC,has the use
of the facilities (i.e., Local Loop) to a specific customer premises,
either through resale of local service or the lease of the Local
Loop as an Unbundled Network Element, and CenturyLink
receives a good faith request for service from a customer at the
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53.5.6
53.5.7
53.5.8
53.5.9
53.5.10
53.5.11
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same premises or from another carrier with the appropriate
customer authorization, the procedures below will apply.
CenturyLink will follow methods prescribed by the FCC and any
applicable State regulation for carrier change verification.
Where CenturyLink Communications LLC,is using a single facility
to provide service to multiple End Users, CenturyLink will not
disconnect that facility as a result of the following procedures.
When CenturyLink Communications LlC,submits an order for an
End User that is changing local service providers for existing
service, and is not adding service (i.e., an additional line),
CenturyLink will process the service request without delay, and
provide the losing competitive LEC a customer loss notification
consistent with industry standards.
When an order is submitted for an End User adding service to
existing service (i.e., an additional line), the order should be
marked as an additional line and existing facilities will not be
affected.
Unless otherwise directed by Centurylink Communications
LLC,and when technically capable, when CenturyLink
Communications LLC,orders resale Telecommunications Services
all trunk or telephone numbers currently associated with existing
services shall be retained without loss of feature capability and
without loss of associated ancillary services including, but not
limited to, Directory Assistance and 91 11E911 capability.
CenturyLink shall provide unbranded intercept treatment and
transfer of service announcements to CenturyLink
Communications LLC,'s End Users. CenturyLink shall provide
such treatment and transfer of service announcement in
accordance with local Tariffs and as provided to similarly situated
CenturyLink End Users for all service disconnects, suspensions,
or transfers.
For services provided through UNEs, CenturyLink shall recognize
CenturyLink Communications LLC,as an agent, in accordance
with OBF developed processes, for the End User in coordinating
the disconnection of services provided by another CenturyLink
Communications LLC,or CenturyLink. ln addition, CenturyLink
and Centurylink Communications LLC,will work cooperatively to
minimize service interruptions during the conversion.
53.5.12
53.6 Abandoned Service
53.6.1 Abandoned service occurs when an End User vacates premises without
notifying the local service provider and a new End User moves into the
vacated premises and orders service from a local service provider and
neither CenturyLink nor the previous local service provider are aware that
the original End User has abandoned the service in place.
53.6.2 When a carrier requests service at a location and marks the order as
abandoned and CenturyLink Communications LLC,is the previous local
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service provider, CenturyLink shall notify local service provider that it has
had a request for service at the premises that is currently being served by
CenturyLink Communications LLC, ;
53.6.3 lf available to CenturyLink, Centurylink shall include the name and
address of the party receiving service at such premises, but at a minimum
shall provide local service address information;
53.6.4 lf the local service provider does not respond within twenty-four (24)
hours (excluding weekends and holidays) after receiving CenturyLink's
notification or if local service provider responds relinquishing the facilities,
CenturyLink shall be free to use the facilities in question and CenturyLink
shall issue a disconnect order with respect to the service at that location.
lf local service provider responds stating that the service is working and
should not be disconnected, CenturyLink will notify the carrier ordering
service and request verification of the premises or the submission of an
order for an additional line.
53.7 Due Date
53.7.1 CenturyLink shall supply CenturyLink Communications LLC,with due date
intervals to be used by CenturyLink Communications LlC,personnel to
determine service installation dates.
53.7.2 The ordering process and standard provisioning intervals applicable to
resale services and unbundled Network Elements are set forth on the
CenturyLink Website, and such process and intervals shall apply.
53.7.3 CenturyLink shall use reasonable efforts to complete orders by
CenturyLink Communications LlC,requested due date within agreed
upon intervals.
53.8 Coordination Requests
53.8.1 CenturyLink will provide ordering and provisioning coordination services
during the business hours specified on its Website, through the NEAC, at
the charges specified in Tablel.
53.8.2 For subscriber conversions requiring coordinated cut-over activities, on a
per order basis, CenturyLink and CenturyLink Communications LLC,will
agree on a scheduled conversion time, which will be a designated time
period within a designated date, and will be dependent upon the
availability of CenturyLink resources.
53.8.3 Any request made by CenturyLink Communications LLC,to coordinate
conversions after normal working hours, or on Saturdays or Sundays or
CenturyLink holidays shall be performed at CenturyLink Communications
LLC,'s request and expense. Coordination requests outside of normal
business hoursiweekends will incur additional charges.
53.8.4 Centurylink will perform all of its standard pre-service testing prior to the
completion of the Service Order. Subject to the terms of this Agreement,
CenturyLink is responsible only for the installation, operation and
maintenance of the UNEs it provides. CenturyLink is not otherwise
responsible for the Telecommunications Services provided by
CenturyLink Communications LlC,through the use of those Network
Elements.
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53.8.5 Upon CenturyLink Communications LLC,'s request, CenturyLink shall
suspend or restore the functionality of any Network Element, feature,
function, or resale service to which suspend/restore is applicable.
53.8.6 Upon completion of the requests submitted by CenturyLink
Communications LLC,CenturyLink shall provide to CenturyLink
Communications LLC,a completion notification.
53.9 Subscriber Premises lnspections and lnstallations
53.9.1 CenturyLink Communications LlC,shall perform or contract for all
CenturyLink Communications LLC,'s needs assessments, including
equipment and installation requirements required beyond the
Demarcation PoinUNlD, located at the subscriber premises.
53.10 Firm Order Confirmation (FOC)
53.10.1 CenturyLink shall provide to CenturyLink Communications LLC,a
Firm Order Confirmation (FOC) for each CenturyLink
Communications LlC,order. The FOC shall contain the
appropriate data elements as defined by the OBF standards.
53.10.2 For a revised FOC, CenturyLink shall provide standard detail as
defined by the OBF standards.
53.10.3 CenturyLink shall provide to CenturyLink Communications
LLC,the date that service is scheduled to be installed.
53.11 Order Rejections
53.1 1.1 CenturyLink shall reject and return to CenturyLink
Communications LLC,any order that CenturyLink cannot
provision, due to technical reasons, missing information, or
jeopardy conditions resulting from CenturyLink Communications
LlC,ordering service at less than the standard order interval.
53.11.2 When an order is rejected, CenturyLink will, in its reject
notification, describe the existing reasons for which the order was
rejected.
53.12 Service Order Charges
53.12.1 lf an installation or other CenturyLink Communications
LLC,ordered work requires a change from the original CenturyLink
Communications LLC,Service Order in any manner, CenturyLink
Communications LlC,shall initiate a revised Service Order. lf
requested by CenturyLink Communications LlC,CenturyLink will
provide CenturyLink Communications LLC,an estimate of
additional labor hours and/or materials.
53.12.2 lf a CenturyLink Communications LLC,End User requests a
change, CenturyLink, will, at that time, direct the CenturyLink
Communications LLC,subscriber to contact CenturyLink
Communications LLC,and CenturyLink Communications
LlC,should initiate a new Service Order to have additional work
performed.
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53.12.3 When an End User changes or withdraws authorization, each
Party shall release customer-specific facilities and/or cancel
orders in progress in accordance with the End User's direction or
the direction of the End User's authorized agent.
lf expedited service is requested, CenturyLink Communications
LLC,will populate the "Expedite" and "Expedite Reason" fields on
the LSR. CenturyLink reseryes the right to refuse an expedite
request if resources are not available. lf an expedite request is
granted, applicable expedite Service Order charges, as set forth
on Table 1, will apply.
CenturyLink will not accept expedite requests for LNP orders.
53.14 Number Administration/Number Reservation
53.14.2
CenturyLink shall provide CenturyLink Communications LLC,with
the ability to obtain telephone numbers while a subscriber is on
the phone with CenturyLink Communications LLC,. When
CenturyLink Communications LLC,uses numbers from a
CenturyLink NXX, CenturyLink shall provide the same range of
number choices to CenturyLink Communications LLC,including
choice of exchange number, as CenturyLink provides its own
subscribers. Reservation and aging of CenturyLink NXXs shall
remain CenturyLink's responsibility.
ln conjunction with an order for service, CenturyLink shall accept
CenturyLink Communications LlC,orders for blocks of numbers
for use with complex services including, but not limited to, DlD,
CENTREX, and Hunting arrangements, as requested by
CenturyLink Communications LLC,.
Consistent with the manner in which CenturyLink provides
numbers to its own subscribers, no telephone number assignment
is guaranteed until service has been installed.
CenturyLink shall provide testing and loading of CenturyLink
Communications LLC,'s NXX on the same basis as CenturyLink
provides itself or its Affiliates.
CenturyLink may cancel orders for service that have had no
activity within thirty-one (31) consecutive Days after the original
service request date. Certain complex UNEs and UNEs requiring
facility build-outs that may take longer than thirty-one (31) Days to
provision will be excluded from this provision.
53.14.3
53.14.4
53.15 Cancellations
53.1 5.1
53.16 Discontinuance of Service (Snap-back Provision)
53.16.1 lf CenturyLink Communications LlC,proposes to discontinue, or
actually discontinues, its provision of service to all or substantially
all of its customers, whether voluntarily, as a result of bankruptcy,
or for any other reason, CenturyLink Communications LlC,shall
send written notice of such discontinuation to CenturyLink, the
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53.13 Expedites
53.13.1
53.13.2
53.14.1
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53.16.2
Commission, and each of CenturyLink Communications LLC,'s
End Users. CenturyLink Communications LLC,shall provide notice
in advance of discontinuation of its service as required by
Applicable Law. Unless the period for advance notice of
discontinuation of service required by Applicable Law is more than
thirty (30) calendar days, to the extent commercially feasible,
CenturyLink Communications LlC,shall send such notice at least
thirty (30) Days prior to its discontinuation of service.
Such notice must advise each CenturyLink Communications
LLC,End User that, unless action is taken by the End User to
switch to a different carrier prior to CenturyLink Communications
LLC,'s proposed discontinuation of service, the End User will be
without the service.
Should a CenturyLink Communications LLC,End User
subsequently become a CenturyLink customer, CenturyLink
Communications LLC,shall provide CenturyLink with all
information necessary for CenturyLink to establish service for the
CenturyLink Communications LLC,End User, including, but not
limited to, CenturyLink Communications LLC,End User's billed
name, listed name, service address, and billing address, and the
services being provided to Centurylink Communications LLC,End
Users.
53.17 Nothing in this Section shall limit CenturyLink's right to cancel or terminate this
Agreement under Section 7 and Section 53.15 or to suspend provision of
services under Section 9 of this Agreement.
54. UNIVERSAL SERVICE FUND
54.1 ln order to collect the costs of CenturyLink's contribution to the Federal Universal
Service Fund (FUSF) in an equitable manner, CenturyLink's End Users are
charged a Federal Universal Service Charge (FUSC). The only customers who
are exempt from paying the FUSC to CenturyLink are those reseller CenturyLink
Communications LLC,s who themselves contribute to the FUSF, or who
otherwise qualify for an exemption under the FCC's universal service rules. ln
order to obtain an exemption from paying the FUSC to CenturyLink, CenturyLink
Communications LLC,must provide CenturyLink a signed statement certifying
that it is reselling the services provided by CenturyLink in the form of
telecommunications, and will, in fact, contribute directly to the FUSF. lf
CenturyLink Communications LLC,does not provide this statement, or otherwise
certify that it is exempt from remitting the FUSC, CenturyLink must report the
revenues obtained from the provision of service to CenturyLink Communications
LLC,as End User revenues for purposes of calculating and reporting FUSC
contributions, and CenturyLink shall be entitled to recover from CenturyLink
Communications LLC,the resulting FUSF contributions attributable to such
revenues, in accordance with Applicable Law.
54.2 To comply with FCC rules regarding the funding of Universal Service,
CenturyLink Communications LLC,is required to complete the form entitled.CERTIFICATION OF FEDERAL UNIVERSAL SERVICE FUND
CONTRIBUTION STATUS" provided by CenturyLink in order to obtain an
exemption from paying the FUSC to CenturyLink. ln addition, CenturyLink
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Communications LLC,agrees to provide CenturyLink with an updated annual
certification, no later than February 1 of each calendat yeat, so that CenturyLink
may ensure that it continues to accurately report its revenues for FUSF
contribution purposes.
54.2.1 lt is expressly understood and agreed by the Parties that CenturyLink
Communications LLC,'s provision to CenturyLink of evidence concerningits making adequate payments into the FUSF, and CenturyLink
Communications LLC,'s representations to CenturyLink in connection
therewith, are subject to the indemnification provisions of Section 25,
which, for purposes of this Section, serve to indemnify CenturyLink.
55. BILLING AND PAYMENTS/DISPUTED AMOUNTS
55.1 ln consideration of the services provided by CenturyLink under this Agreement,
CenturyLink Communications LLC,shall pay the charges set forth in this
Agreement, subject to change in law and to the dispute provisions provided
herein. CenturyLink may limit or modify the form(s) of payment that will be
accepted from time to time. CenturyLink will not accept card payments (e.9.,
crediVdebiUATM cards) or any form of payment that reduces the net amount
received by CenturyLink.
55.2 CenturyLink Communications LLC,must choose a primary media option for
invoices. lf no bill media option is selected, the primary will default to paper. The
primary media option is provided at no charge. lf a second media option is
chosen, then an applicable charge will be assessed at the rate reflected in
CenturyLink's appropriate FCC Tariff. lf CenturyLink Communications
LlC,requests additional copies of the monthly invoice, CenturyLink may also bill
CenturyLink Communications LLC,for the additional copies. The procedures and
limitations governing bill media, including the availability of secondary media and
Bill Media Request Forms, are set forth in CenturyLink's Bill Media Guide.
55.3 Recurring Charges, other than Usage Charges, for Telecommunications Services
provided hereunder are applied on a monthly basis. For billing and crediting
purposes, a month is presumed to have thirty (30) days, regardless of the actual
Days in a given month.
55.4 Charges for physical facilities and other non-usage sensitive charges shall be
billed in advance, except for charges and credits associated with the initial or
final bills, Usage sensitive charges, such as charges for termination of Local
Traffic, shall be billed in arrears.
55.5 To the extent that CenturyLink Communications LLC,orders blocking,
CenturyLink Communications LLC,is responsible for blocking charges. lf blocking
services are not ordered, CenturyLink Communications LLC,will be responsible
for all charges for 700, 900, and 976 services, or other services of similar type
made by CenturyLink Communications LLC,s End Users.
55.6 BillingSpecifications
55.6.1 The Parties agree that billing requirements and outputs will be consistent
with the Ordering & Billing Form (OBF) and also with Telcordia
Technologies Billing Output Specifications (BOS).
55.6.2 Usage Measurement: Usage measurement for calls shall begin when
answer supervision or equivalent Signaling System 7 (SS7) message is
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received from the terminating office and shall end at the time of call
disconnect by the calling or called subscriber, whichever occurs first.
55.6.3 MOUs 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,
55.6.4 Each Party shall calculate terminating lnterconnection MOUs based on
standard AMA recordings made within each Party's network, these
recordings being necessary for each Party to generate bills to the other
Party. ln the event either Party cannot measure minutes terminating on
its network where technically feasible, the other Party shall provide the
measuring mechanism or the Parties shall otherwise agree on an
alternate arrangement.
55.7 Billing for Access Services will be in conformance with Multiple Exchange Carrier
Access Billing (MECAB) guidelines and Multiple Exchange Carriers Ordering and
Design Guidelines for Access Services-lndustry Support lnterface (MECOD). The
Parties will exchange Billing Account Reference and Bill Account Cross
Reference information and will coordinate initial and subsequent billing cycles.
CenturyLink will provide CenturyLink Communications LLC,the appropriate
records to bill Exchange Access charges to the lXC. CenturyLink will capture
records for inward terminating calls and send them to CenturyLink
Communications LLC,as appropriate, via CenturyLink's standard processes.
Upon CenturyLink's request, CenturyLink Communications LLC,will provide
CenturyLink the appropriate records to bill Switched Access Service charges to
lXCs. CenturyLink Communications LLC,will capture records for inward
terminating calls and send them to CenturyLink, as appropriate, in an agreed
upon process.
55.8 Upon request by CenturyLink Communications LLC,and to the extent
CenturyLink is providing call records for Transit Traffic to other terminating
providers served by the same Tandem, CenturyLink will also provide such
records to CenturyLink Communications LLC,.
55.9 CenturyLink will bill CenturyLink Communications LLC,for message provisioning
and, if applicable, data tape charges related to Exchange Access traffic and
Transit Traffic records. CenturyLink will bill CenturyLink Communications LLC,for
the records at the rates on Table 1. lf CenturyLink Communications
LLC,requests additional copies of the monthly invoice, CenturyLink may also bill
CenturyLink Communications LLC,for the additional copies.
55.10 The Parties will bill each other in a timely manner. Except for billing pursuant to
a Section 16 Dispute Resolution process determination, neither Party will initiate
credit claims or bill the other Party for previously unbilled, under-billed or over-
billed charges for services under this Agreement that were provided more than
twenty-four (24) months prior to the applicable most recent bill date, unless a
longer period is warranted as a result of fraud, concealment or other similar
circumstances.
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55.11 Except as otherwise provided in this Agreement, payment of amounts billed for
services provided under this Agreement shall be in immediately available U.S.
funds, and shall be due by the Bill Due Date.
55.12 lf the Bill Due Date is a Saturday, Sunday, or has been designated a bank
holiday, payment is due by the next Business Day. Payments may be
transmitted by electronic funds transfer.
55.13 lf any undisputed amount due is not received by the billing Party by the Bill Due
Date, the billing Party shall calculate and assess a late payment charge on the
past due balance. The billed Party agrees to pay, a late payment charge equalto
one and one-half percent (1.5o/o) per month, or the highest rate of interest that
may be charged under Applicable Law, compounded daily, for the number of
days from the Bill Date until the date on which such payment is made. Such late
payment charges shall be included on the billing Party's next statement to the
billed Party.
55.14 lf any portion of an amount billed by a Party under this Agreement is subject to a
good faith dispute between the Parties, the billed Party shall give written notice to
the billing Party of the amounts it disputes (Disputed Amounts) and shall include
in such notice specific details and reasons for disputing each item. Such written
notice shall be submitted in accordance with the process for submitting billing
dispute claims set forth on the CenturyLink Website. Disputed billing claims shall
be submitted no later than the Bill Due Date. Failure by the billed Party to
dispute a billed amount before the Bill Due Date means that the total charges
billed are due and payable to the billing Party on the Bill Due Date. The billed
Party may not withhold payment of billed amounts past the Bill Due Date pending
a later filing of a dispute, but must pay all billed amounts for which it has not
provided a written notice of dispute on or prior to the Bill Due Date. lf the billed
Party disputes charges after the Bill Due Date and has not paid such charges,
such charges shall be subject to late payment charges. The withholding of
payment for disputed amounts shall not absolve the billed Party of ongoing late
payment charges should the dispute be resolved in favor of the billed Party. Both
CenturyLink Communications LLC,and CenturyLink agree to expedite the
investigation of any Disputed Amounts, promptly provide all documentation
regarding the amount disputed that is reasonably requested by the other Party,
and work in good faith in an effort to resolve and settle the dispute through
informal means prior to escalating the billing dispute pursuant to Section 16.2.3.
55.14.1 Payment of billed amounts that are subsequently disputed or
which become the subject of a request for adjustment shall not
constitute or be deemed to represent a waiver of a Party's right to
submit a dispute or seek an adjustment of such Party's account
with respect to such paid amounts, and the paying Party shall not
be required to designate any such payment as "conditional" or
"under protest" in order to submit a dispute or seek a subsequent
adjustment with respect to amounts which have previously been
paid.
55.'14.2 lf a disputed charge is resolved in favor of the billed Party, the
Parties shall cooperate to ensure that the billing Party credit the
invoice of the billed Party for that portion of the Disputed Amount
resolved in favor of the billed Party, together with any late
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55.14.3
55.14.4
55.14.5
55.14.6
55.14.7
55.14.8
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payment charges assessed and/or paid with respect thereto within
ten (10) business after the resolution of the billing dispute.
lf a dispute is resolved in favor of the billing Party, the billed Party
shall pay the invoice for that portion of the Disputed Amount
resolved in favor of the billing Party, together with any late
payment charges associated with the non-payment of the
validated billing. Payment shall be due no later than the next Bill
Due Date after the resolution of the billing dispute.
lf the Parties cannot resolve the dispute within ninety (90) Days of
r the written notice of dispute, either Party may give written notice to
the other Party exercising the right to escalate the dispute
pursuant to Section 16.2.3. For purposes of this Section, non-
resolution occurs when neither Party agrees whether the billing is
incorrect or correct; i.e., when the billing Party has issued neither
a correction nor a denial.
lf the Parties cannot resolve the dispute within ninety (90) Days of
the billed Party providing written notice to the billing Party of such
Disputed Amounts, and if the Billed Party does not provide written
notice of escalation of the dispute within such timeframe, the billed
Party waives its alleged entitlement to and/or right to withhold
such Disputed Amount and all withheld amounts, including
accumulated late payment charges for the billed amounts,
becomes immediately due.
Notwithstanding Sections 55.13.4 and 55.13.5, if the billing Party
provides written notice to the billed Party that a billing dispute has
been denied, stating the grounds for such determination, then the
billed Party shall have thirty (30) Days in which to either pay the
disputed amounts or to give written notice to the other Party
exercising the right to escalate the dispute pursuant to Section
16.2.3 Such notice may be accompanied by any additional,
relevant materials submitted by CenturyLink Communications
LLC,. lf the billed Party fails to give written notice exercising the
right to escalate the dispute within the thirty (30) Days of the
notice date of the written denial of a dispute, the billed Party
waives its alleged entitlement to and/or right to withhold such
disputed amounts and all withheld amounts, including
accumulated late payment charges for the billed amounts,
become immediately due.
Failure by the billed Party to give written notice exercising the right
to escalate a dispute pursuant to Section 16.2.3 following a notice
of denial under Section 55.13.6 shall also preclude the Party from
thereafter requesting an escalation of the same dispute under
Section 16.2.3.
Failure by the billed Party to make a timely response to a notice of
denial under Section 55.13.6 shall result in lifting the suspension
of the payment due date for such disputed invoice, and the
possible assessment of late charges and suspension or
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termination of service for non-payment of billed amount in
accordance with this Section 55.
55.15 A billing dispute which has been resolved by a written settlement agreement
between the Parties may not be resubmitted under the dispute resolution
process.
55.16 Effect of Non-Payment
55.16.1 lf the billed Party does not pay all undisputed charges by the Bill
Due Date, the billing Party may discontinue processing orders for
services provided under this Agreement and may invoke the
Default provisions of Section 7.7 on or after the tenth (10th) Day
following the Bill Due Date provided the billing Party notifies the
other Party in writing, via email or certified mail, at least five (5)
Days prior to discontinuing the processing of orders. lf the billing
Party continues to accept additional orders for service(s) after the
date specified in such notice, and the billed Party's non-
compliance continues, nothing contained herein shall preclude the
billing Party from refusing to accept any or all additional orders for
service(s) from the non-complying Party without further notice.
For order processing to resume, the billed Party will be required to
make full payment of all past and current undisputed charges
under this Agreement. Additionally, the billing Party may require a
deposit or assurance of payment (or additional deposit or
assurance of payment) from the billed Party, pursuant to Section
44. ln addition to other remedies that may be available at law or
equity, the billed Party reserves the right to seek equitable relief,
including injunctive relief and specific performance.
Notwithstanding Section 55.15.1 above, if the billed Party does not
pay all undisputed charges on a bill by the Bill Due Date, the
billing Party may at its option disconnect any and all relevant or
related services provided under this Agreement on or after the
thirtieth (30th) day following the Bill Due Date after providing
written notification to the billed Party at least seven (7) Business
Days prior to disconnection of the unpaid service(s). Such
notification may be included in a notification to refuse to accept
additional orders pursuant to Section 55.15.1 so long as the
appropriate dates for each consequence are listed therein. lf the
services are disconnected and the billed Party subsequently pays
all such undisputed charges and desires to reconnect any such
disconnected services, the billed Party shall pay the applicable
charge set forth in this Agreement or in the applicable Tariff for
reconnecting each service disconnected pursuant to this
paragraph. ln case of such disconnection, all applicable
undisputed charges, including termination charges, shall become
due and payable. lf the billing Party does not disconnect the billed
Party's service(s) on the date specified in such notice, and the
billed Party's non-compliance continues, nothing contained herein
shall preclude the billing Party from disconnecting all service(s) of
the non-complying Party without further notice or from billing and
collecting the appropriate charges from the billed Party.
55.16.2
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55.16.3
Additionally, the billing Party may require a deposit or assurance
of payment (or additional deposit or assurance of payment) from
the billed Party, pursuant to Section 44. ln addition to other
remedies that may be available at law or equity, the billing Party
reserves the right to seek equitable relief, including injunctive relief
and specific performance.
Notwithstanding Sections 55.15.1 and 55.15.2 above, if the billing
Party is forced to undertake collection efforts for undisputed,
defaulted or post-termination amounts outstanding or for disputed
amounts that have been resolved in the billing Party's favor, the
billed Party is liable for reimbursement to the billing Party for any
and all costs associated with the collection of such a debt,
including but not limited to collection agency fees and legal fees.
56. AUDITS
56.1 Each Party to this Agreement will be responsible for the accuracy and quality of
its data as submitted to the other Party involved. Subject to each Party's
reasonable security requirements and except as may be otherwise specifically
provided in this Agreement, either Party, at its own expense, may audit the other
Party's books, records and other documents directly related to billing and
invoicing once in any twelve (12) month period for the purpose of evaluating the
accuracy of the other Party's billing and invoicing. "Audit" shall mean a
comprehensive review of bills for services performed under this Agreement;
"Examination" shall mean an inquiry into a specific element of or process relatedto bills for services performed under this Agreement. Either Party (the
"Requesting Party) may perform one (1) Audit per twelve (12) month period
commencing with the Effective Date, with the assistance of the other Party, which
will not be unreasonably withheld. The Audit period will include no more than the
preceding twelve (12) month period as of the date of the Audit request. The
Requesting Party may perform Examinations, as it deems necessary, with the
assistance of the other Party, which will not be unreasonably withheld.
56.2 Upon thirty (30) Days written notice by the Requesting Party to Audited Party,
Requesting Party shall have the right through its authorized representative to
make an Audit, during normal business hours, of any records, accounts and
processes which contain information bearing upon the billing and invoicing of the
services provided under this Agreement. Within the above-described thirty (30)
Day period, the Parties shall reasonably agree upon the scope of the Audit or
Examination, the documents and processes to be reviewed, and the time, place
and manner in which the Audit or Examination shall be performed. Audited Party
agrees to provide Audit or Examination support, including appropriate access to
and use of Audited Party's facilities (e.9.: conference rooms, telephones,
copying machines).
56.3 Each party shall bear its own expenses in connection with the conduct of the
Audit or Examination. The reasonable cost of special data extraction required by
the Requesting Party to conduct the Audit or Examination will be paid for by the
Requesting Party. For purposes of this Section, a "Special Data Extraction" shall
mean the creation of an output record or informational report (from existing data
files) that is not created in the normal course of business. lf any program is
developed to Requesting Party's specifications and at Requesting Party's
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expense, Requesting Party shall specify at the time of request whether the
program is to be retained by Audited Party for reuse for any subsequent Audit or
Examination.
56.4 Adjustments based on the audit findings may be applied to the twelve (12) month
period included in the audit. Adjustments, credits or payments shall be made
and any corrective action shall commence within thirty (30) Days from the
requesting Party's receipt of the final audit report to compensate for any errors or
omissions which are disclosed by such Audit or Examination and are agreed to
by the Parties. lnterest shall be calculated in accordance with Section 55.12
above
56.5 Neither such right to examine and audit nor the right to receive an adjustment
shall be affected by any statement to the contrary appearing on checks or
otherwise, unless such statement expressly waiving such right appears in writing,
is signed by the authorized representative of the Party having such right and is
delivered to the other Party in a manner sanctioned by this Agreement.
56.6 On thirty (30) Days' written notice, each Party must provide the other the ability
and opportunity to conduct an annual audit to ensure the proper routing and
billing of traffic. These audits may encompass all traffic or any subset type of
traffic at the initiator's option.
56.7 This Section shall survive expiration or termination of this Agreement for a period
of one (1) year after expiration or termination of this Agreement.
57. CENTURYLINK OSS INFORMATION
57.1 Subject to the provisions of this Agreement and Applicable Law, CenturyLink
Communications LlC,shall have a limited, revocable, non-transferable, non-
exclusive right to use CenturyLink OSS lnformation during the term of this
Agreement, for CenturyLink Communications LLC,'s internal use for the provision
of Telecommunications Services to CenturyLink Communications LLC,End Users
in the State.
57.2 All CenturyLink OSS lnformation shall at all times remain the property of
CenturyLink. Except as expressly stated in this Article, CenturyLink
Communications LlC,shall acquire no rights in or to any CenturyLink OSS
lnformation. CenturyLink reseryes all rights not expressly granted herein.
57.2.1 CenturyLink Communications LLC,shall treat CenturyLink OSS
lnformation as Confidential Information of CenturyLink pursuant to
Section 13.
57.2.2 CenturyLink Communications LlC,shall not have any right or license to
grant sublicenses to other persons, or grant permission to other persons
(except CenturyLink Communications LLC,'s employees, agents or
contractors, in accordance with Section 57.2.3 below), to access, use or
disclose CenturyLink OSS lnformation, except as provided in Section
57.2.3 below.
57.2.3 Centurylink Communications LLC,'s employees, agents and contractors
may access, use and disclose CenturyLink OSS lnformation only to the
extent necessary for CenturyLink Communications LLC,'s access to, and
use and disclosure of, CenturyLink OSS lnformation permitted by this
Article. Any access to, or use or disclosure of, CenturyLink OSS
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lnformation by CenturyLink Communications LLC,'s employees, agents or
contractors, shall be subject to the provisions of this Agreement,
including, but not limited to, Section 13 and Sections 57.2.1 and 57.2.2above. Centurylink Communications LLC,shall ensure that its
employees, agents, and contractors comply with all provisions herein
relating to access to and use of CenturyLink OSS lnformation.
57.3 Unless sooner terminated or suspended in accordance with the Agreement or
this Article (including, but not limited to Sections 7,55 and 57.7.1 below),
CenturyLink Communications LLC,'s access to, and use of, CenturyLink OSS
lnformation through CenturyLink OSS Services shall terminate upon the
expiration or termination of the Agreement.
57.3.1 CenturyLink shall have the right (but not the obligation) to audit
CenturyLink Communications LLC,to ascertain whether CenturyLink
Communications LLC,is complying with the requirements of Applicable
Law and this Agreement with regard to CenturyLink Communications
LLC,'s access to, and use and disclosure of, CenturyLink OSS
lnformation.
57.3.2 Without in any way limiting any other rights CenturyLink may have under
the Agreement or Applicable Law, CenturyLink shall have the right (but
not the obligation) to monitor CenturyLink Communications LLC,'s access
to and use of CenturyLink OSS lnformation, to ascertain whether
CenturyLink Communications LLC,is complying with the requirements of
Applicable Law and this Agreement.
57.3.3 lnformation obtained by CenturyLink pursuant to this Section 57 shall be
treated by CenturyLink as Confidential lnformation of CenturyLink
Communications LLC,pursuant to Section 13; provided that, CenturyLink
shall have the right to use and disclose information pursuant to this Article
to enforce CenturyLink's rights under the Agreement or Applicable Law.
57.3.4 All CenturyLink OSS lnformation received by CenturyLink
Communications LLC,shall be destroyed or returned by CenturyLink
Communications LLC,to CenturyLink, upon expiration, suspension or
termination of the right to use such CenturyLink OSS lnformation.
57.3.5 All practices and procedures for access to and use of CenturyLink OSS
including all access and user identification codes shall remain the
property of CenturyLink.
57.4 The provisions of this Article shall be in addition to and not in derogation of any
provisions of Applicable Law, including, but not limited lo, 47 U.S.C. $222, and
are not intended to constitute a waiver by CenturyLink of any right with regard to
protection of the confidentiality of the information of CenturyLink or CenturyLink
End Users provided by Applicable Law.
57.5 CenturyLink Communications LlC,understands that any OSS access to obtain
CPNI that is made without prior customer permission to access the information or
for CenturyLink Communications LLC,to become the customer's service provider
shall be both a violation of Applicable Law and a material breach of this
agreement.
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57.6 CenturyLink will provide CenturyLink Communications LLC,with access to
documentation and user manuals that set forth the methods and procedures to
utilize CenturyLink's OSS service. CenturyLink Communications LlC,agrees
that all documentation and manuals shall be used only for internal use, for the
purpose of training employees to utilize the capabilities of CenturyLink's OSS
services in accordance with this Article and shall be deemed "Confidential
lnformation" and subject to the terms, conditions and limitations set forth in this
Article.
57.7 Liabilities And Remedies
57.7.1 lf CenturyLink Communications LLC,or an employee, agent or contractor
of CenturyLink Communications LLC,at any time breaches a provision of
this Section 57 and such breach continues after notice thereof from
CenturyLink, then, except as otherwise required by Applicable Law,
CenturyLink shall have the right, upon notice to CenturyLink
Communications LLC,to suspend or terminate the right to use
Centurylink OSS services granted by Section 57.1 above and/or the
provision of CenturyLink OSS services, in whole or in part.
57.7.2 CenturyLink Communications LlC,agrees that CenturyLink would be
irreparably injured by a breach of this Article by CenturyLink
Communications LLC,or the employees, agents or contractors of
CenturyLink Communications LLC,and that CenturyLink shall be entitledto seek equitable relief, including injunctive relief and specific
performance, in the event of any such breach. Such remedies, and the
remedies set forth in Section 57.7.1, shall not be deemed to be the
exclusive remedies for any such breach, but shall be in addition to any
other remedies available under this Agreement or at law or in equity.
57.7.3 Any breach of any provision of this Article by any employee, agent, or
contractor of CenturyLink Communications LlC,shall be deemed a
breach by CenturyLink Communications LLC,.
57.q Cooperation
57.8.1 CenturyLink Communications LLC,at CenturyLink Communications
LLC,'s expense, shall reasonably cooperate with Centurylink in using
CenturyLink OSS Services. Such cooperation shall include, but not be
limited to, the following:
57.8.2CenturyLink Communications LLC,shall reasonably cooperate with
CenturyLink in submitting orders for CenturyLink Telecommunications
Services and otherwise using the CenturyLink OSS Services, in order to
avoid exceeding the capacity or capabilities of such CenturyLink OSS
Services.
57.8.3 Upon CenturyLink's request, CenturyLink Communications LLC,shall
participate in reasonable cooperative testing of CenturyLink OSS
Services and shall provide reasonable assistance to CenturyLink in
identifying and correcting mistakes, omissions, interruptions, delays,
errors, defects, faults, failures, or other deficiencies, in CenturyLink OSS
Services.
57.9 Future Enhancements To CenturyLink OSS Facilities
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57.9.1 Subject to the requirements of Applicable Law, the specific OSS and OSS
access method(s) offered will be determined by CenturyLink and may be
changed by CenturyLink without the consent of CenturyLink
Communications LLC,.
57.9.2 lf CenturyLink makes enhancements to the existing OSS, the Parties
agree that to the extent practicable, CenturyLink Communications
LLC,will use the enhanced OSS and specified OSS access method(s).
CenturyLink may at its option discontinue any OSS or OSS access
method that an enhancement has been designed to replace.
58. PROVISION OF USAGE DATA
58.1 Recorded Usage Data includes, but is not limited to, the following categories of
information:
58.1.1 Use of CLASS/LASS/Custom Calling Features that CenturyLink records
and bills for its End Users on a per usage basis.
58.1.2 Calls to Directory Assistance where CenturyLink provides such service to
a CenturyLink Communications LLC,End User.
58.1.3 Calls completed via CenturyLink provided Operator Services where
CenturyLink provides such service to CenturyLink Communications
LLC,'s local service End User and where CenturyLink records such usage
for its End Users using lndustry Standard Telcordia EMI billing records.
58.1.4 Access records related to long distance calling.
58.1.5 CenturyLink -provided Centrex Service, station leveldetail.
58.2 This Section sets forth the terms and conditions for CenturyLink's provision of
Recorded Usage Data for information exchange regarding long distance and
access billing. To the extent technically feasible, each Party shall record all call
detail information associated with completed long distance and access calls
originated by or terminated by such Party, and long distance calls transited
through such Party's network to the terminating provider to the same extent that
such Party records such data for its End Users and records for billing of
Interexchange carriers. These records shall be provided at a Party's request and
shall be formatted pursuant to Telcordia's EMI standards and the terms and
conditions of this Agreement. The procedures and limitations governing bill
media, including the availability of secondary media, which are used to transmit
the records, and Bill Media Request Forms, are set forth in CenturyLink's Bill
Media Guide. These records shall be transmitted to the other Party on non-
holiday Business Days. CenturyLink and CenturyLink Communications
LlC,agree that they shall retain, at each Party's sole expense, copies of all EMI
records transmitted to the other Party for at least forty-five (45) Days after
transmission to the other Party.
58.3 Except as stated in the preceding Section, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which, CenturyLink
Communications LLC,Usage lnformation will be provided to Centurylink
Communications LLC,shall be determined by GenturyLink.
58.4 GeneralProcedures
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58.4.1 CenturyLink shall maintain a machine readable back-up copy of the
message detail provided to CenturyLink Communications LLC,for a
minimum of forty-five (45) Days. During the forty-five (45) Day period,
CenturyLink shall provide any data back-up to CenturyLink
Communications LLC,upon the request of CenturyLink Communications
LLC,. lf the forty-five (45) Day period has expired, CenturyLink may
provide the data back-up at CenturyLink Communications LLC,'s
expense.
58.4.2 CenturyLink shall provide to CenturyLink Communications LLC,Recorded
Usage Data for CenturyLink Communications LLC,End Users.
CenturyLink shall not submit other CenturyLink Communications
LlC,local usage data as part of the CenturyLink Communications
LLC,Recorded Usage Data.
58.4.3 CenturyLink shall not bill directly to CenturyLink Communications
LLC,End Users any recurring or non-recurring charges for CenturyLink
Communications LLC,'s services to the End User except where explicitly
permitted to do so within a written agreement between CenturyLink and
Centurylink Communications LLC,.
58.4.4 CenturyLink shall provide Recorded Usage Data to CenturyLink
Communications LLC,billing locations as agreed to by the Parties.
58.4.5 CenturyLink shall bill and Centurylink Communications LLC,shall pay the
charges for Recorded Usage Data. Billing and payment shall be in
accordance with the applicable terms and conditions set forth herein.
58.5 Charges
58.5.1 Access services, including revenues associated therewith, provided in
connection with the resale of services hereunder shall be the
responsibility of CenturyLink and CenturyLink shall directly bill and
receive payment on its own behalf from an IXC for access related to
interexchange calls generated by resold or rebranded customers.
58.5.2 CenturyLink will deliver one monthly statement for Usage Data Billing
Services in the medium selected by CenturyLink Communications LLC,in
the start-up process.
a. lnvoices will be provided in a standard Carrier Access Billing
format or other such format as CenturyLink may determine;
b. Where local usage charges apply and message detail is createdto support available services, CenturyLink Communications
LLC,will pay CenturyLink for providing such call detail;
c. The Parties will work cooperatively to exchange information to
facilitate the billing of lncollecUOutcollect and inter/intra-region
alternately billed messages. CenturyLink shall settle with
CenturyLink Communications LLC,for both intra-region and inter-
region billing exchanges of calling card, billtothird party, and
collect calls under separately negotiated settlement arrangements.
d. CenturyLink shall bill for message provisioning and the provision
of usage records.
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58.6 Other Billed Charges. CenturyLink Communications LLC,is responsible for all
charges incurred by CenturyLink Communications LLC,'s End Users.
58.7 Lost Data
58.7.1 Loss of Recorded Usage Data. CenturyLink Communications
LlC,Recorded Usage Data determined to have been lost, damaged or
destroyed as a result of an error or omission by CenturyLink in its
performance of the recording function shall be recovered by CenturyLink
at no charge to CenturyLink Communications LLC,. ln the event the data
cannot be recovered by CenturyLink, CenturyLink shall estimate the
messages and associated revenue, with assistance from CenturyLink
Communications LlC,based upon the method described below. This
method shall be applied on a consistent basis, subject to modifications
agreed to by CenturyLink and CenturyLink Communications LLC,. This
estimate shall be used to adjust amounts CenturyLink Communications
LLC,owes CenturyLink for services CenturyLink provides in conjunction
with the provision of Recorded Usage Data.
58.7.2 Partial Loss. CenturyLink shall review its daily controls to determine if
data has been lost. When there has been a partial loss, actual message
and minute volumes shall be reported, if possible through recovery as
discussed in this Section, Where actual data are not available, a full day
shall be estimated for the recording entity, as outlined in the following
paragraphs. The amount of the partial loss is then determined by
subtracting the data actually recorded for such day from the estimated
total for such day.
58.7.3 Complete Loss. When CenturyLink is unable to recover data as
discussed in this Section, estimated message and minute volumes for
each loss consisting of an entire AMA tape or entire data volume due to
its loss prior to or during processing, lost after receipt, demagnetized
before processing, receipt of a blank or unreadable tape, or lost for other
causes, shall be reported.
58.7.4 Estimated Volumes. From message and minute volume reports for the
entity experiencing the loss, CenturyLink shall secure message/minute
counts for the four (4) corresponding days of the weeks preceding that in
which the loss occurred and compute an average of these volumes.
CenturyLink shall apply the appropriate average revenue per message
(ARPM) agreed to by CenturyLink Communications LLC,and CenturyLink
to the estimated message volume for messages for which usage charges
apply to the subscriber to arrive at the estimated lost revenue.
58.7.5 lf the day of loss is not a holiday but one (1) or more of the preceding
corresponding days is a holiday, CenturyLink shall use additional
preceding weeks in order to procure volumes for two (2) non-holidays in
the previous two (2) weeks that correspond to the day of the week that is
the day of the loss.
58.7.6 lf the loss occurs on a weekday that is a holiday (except Christmas and
Mother's Day), CenturyLink shall use volumes from the two (2) preceding
Sundays.
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58.7.7 lf the loss occurs on Mother's Day or Christmas Day, CenturyLink shall
use volumes from that day in the preceding year multiplied by a growth
factor derived from an average of CenturyLink Communications LLC,'s
most recent three (3) month message volume groMh. lf a previous year's
message volumes are not available, a settlement shall be negotiated.
58.8 Testing, Changes and Controls
58.8.1 The Recorded Usage Data format, content, and transmission process
shall be tested as agreed upon by CenturyLink Communications LLC,and
CenturyLink.
58.8.2 Control procedures for all usage transferred between CenturyLink and
CenturyLink Communications LlC,shall be available for periodic review
and errors must be identified and jointly resolved as they occur. The
resolution may include changes to control procedures, so similar
problems would be avoided in the future. Any changes to control
procedures would need to be mutually agreed upon by CenturyLink
Communications LLC,and CenturyLink.
58.9 CenturyLink Communications LLC,Requested Changes
58.9.1 CenturyLink Communications LLC,may submit a request to negotiate and
pay for changes in the content and format of the usage data transmitted
by CenturyLink.
58.9.2 When the negotiated changes are to be implemented, CenturyLink
Communications LlC,and/or CenturyLink shall arrange for testing of the
modified data.
58.10 Rejected Recorded Usage Data
58.10.1 Upon agreement between CenturyLink Communications LLC,and
CenturyLink, messages that cannot be rated and/or billed by
CenturyLink Communications LLC,may be returned to
CenturyLink in their original format.
58.10.2 CenturyLink may correct and resubmit to CenturyLink
Communications LLC,any messages returned to CenturyLink.
CenturyLink will not be liable for any records determined by
CenturyLink to be billable to a CenturyLink Communications
LLC,End User. CenturyLink Communications LLC,will not return a
message that has been corrected and resubmitted by
CenturyLink. CenturyLink will only assume liability for errors and
unguideables caused by CenturyLink.
58.10.3 All practices and procedures for access to and use of CenturyLink
OSS including all access and user identification codes shall
remain the property of CenturyLink.
58.11 Data Validation Files
58.11.1 Upon request, CenturyLink will provide CenturyLink
Communications LLC,with any of the following Data Validation
Files at the rates identified in Table 1. At CenturyLink's option, the
files will be provided via downloadable, email, or other electronic
format:
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a. MSAG (Master Street Address Guide)
b. Feature/Service Availability by Switch
c. Directory Names
d. Class of Service Codes
e. Community Names
f. Yellow Page Headings
g. PIC/LPIC (lnterLATA/lntraLATA)
58.11.2 CenturyLink Communications LLC,may obtain a Data Validation
File not more than once per quarter.
58.12 Usage Recording for Resold Services
58.12.1 CenturyLink shall record all usage originating from CenturyLink
Communications LLC,End Users using resold services ordered by
CenturyLink Communications LLC,where CenturyLink records
those same services for CenturyLink End Users.
59. CENTURYLINK AGCESS TO INFORMATION RELATED TO CENTURYLINK
COMMUNICATIONS LLC,CUSTOMERS
59.1 CenturyLink shall have the right to access, use and disclose information relatedto CenturyLink Communications LLC,End Users that is in CenturyLink's
possession (including, but not limited to, in CenturyLink OSS) to the extent such
access, use and/or disclosure is required by law or is necessary to enforce
CenturyLink's rights, or is authorized by the CenturyLink Communications LLC,in
the manner required by Applicable Law.
59.2 Upon request by CenturyLink, CenturyLink Communications LlC,shall negotiate
in good faith and enter into a contract with CenturyLink, pursuant to which
Centurylink may obtain access to CenturyLink Communications LLC,'s
Operations Support Systems (including, systems for pre-ordering, ordering,
provisioning, maintenance and repair, and billing) and information contained in
such systems at terms no less favorable than CenturyLink provides to
CenturyLink Communications LLC,to permit CenturyLink to obtain information
related to CenturyLink Communications LLC,End Users (as authorized by the
applicable CenturyLink Communications LLC,), to permit End Users to transfer
service from one Telecommunications Carrier to another, and for such other
purposes as may be permitted by Applicable Law.
60. NETWORK MANAGEMENT
60.1 CenturyLink Communications LLC,and CenturyLink will exchange appropriate
information (e.9., network information, maintenance contact numbers, escalation
procedures, and information required to comply with requirements of law
enforcement and national security agencies) for network management purposes.
ln addition, the Parties will apply sound network management principles to
alleviate or to prevent traffic congestion and to minimize fraud associated with
third number billed calls, calling card calls, and other services related to this
Agreement.
60.2 The Parties will employ characteristics and methods of operation that will not
interfere with or impair the Parties' networks, or the network of any third parties
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or affiliated companies, connected with or involved directly in the network or
facilities of CenturyLink.
60.3 CenturyLink Communications LlC,shall not interfere with or impair service over
any circuits, facilities or equipment of CenturyLink, its affiliated companies, or it's
connecting and concurring carriers.
60.4 lf CenturyLink Communications LLC,causes any impairment or interference,
CenturyLink shall promptly notify CenturyLink Communications LLC,of the nature
and location of the problem and that, unless promptly rectified, a temporary
discontinuance of the use of any circuit, facility or equipment may be required.
The Parties agree to work together to attempt to promptly resolve the impairment
or interference. lf CenturyLink Communications LLC,is unable to promptly
remedy, then CenturyLink may, at its option, temporarily discontinue the use of
the affected circuit, facility or equipment until the impairment is remedied.
60.5 Any violation of Applicable Law or regulation regarding the invasion of privacy of
any communications carried over CenturyLink's facilities, or that creates hazards
to the employees of CenturyLink or to the public, is also considered an
impairment of service.
60.6 CenturyLink shall give advanced notice to CenturyLink Communications LLC,of
all non-scheduled maintenance or other planned network activities to be
performed by Centurylink on any Network Element, including any hardware,
equipment, software, or system, providing service functionality of which
CenturyLink Communications LLC,has advised CenturyLink may potentially
impact CenturyLink Communications LLC,End Users.
60.7 The Parties shall provide notice of network changes and upgrades in accordance
with 47 C.F.R. SS51.325 through 51.335. CenturyLink may discontinue any
lnterconnection arrangement, Telecommunications Service, or Network Element
provided or required hereunder due to network changes or upgrades after
providing Centurylink Communications LLC,notice as required by this Section.
CenturyLink agrees to cooperate with CenturyLink Communications LlC,and/or
the appropriate regulatory body in any transition resulting from such
discontinuation of service and to minimize the impact to customers which may
result from such discontinuance of service.
61. MAINTENANGE AND REPAIR
61.1 ln the event of an outage or trouble in any service being provided by CenturyLink
hereunder, CenturyLink Communications LLC,will follow CenturyLink's standard
procedures for isolating and clearing the outage or trouble. Before submitting a
repair request to Centurylink, CenturyLink Communications LLC,will isolate
trouble to the CenturyLink network and must submit test results indicating the
location of the trouble when submitting the repair request.
61.2 CenturyLink shall provide repair, maintenance and testing for all resold
Telecommunications Services and such UNEs that CenturyLink is able to test, in
accordance with the terms and conditions of this Agreement.
61.3 During the term of this Agreement, Centurylink shall provide necessary
maintenance business process support as well as those technical and systems
interfaces at Parity. CenturyLink shall provide CenturyLink Communications
LLC,with maintenance support at Parity.
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61.3.1 For purposes of service restoral, CenturyLink shall designate a
CenturyLink Communications LlC,access line as an Essential Service
Line (ESL) at Parity with CenturyLink's treatment of its own End Users
and applicable State law or regulation, if any.
61.4 CenturyLink shall provide CenturyLink Communications LLC,maintenance
dispatch personnel on the same schedule that it provides its own subscribers.
61.5 All CenturyLink employees or contractors who perform repair service for
CenturyLink Communications LLC,End Users shall follow CenturyLink standard
procedures in all their communications with CenturyLink Communications
LLC,End Users. These procedures and protocols shall ensure that:
61.5.1 CenturyLink employees or contractors shall perform repair service that is
equal in quality to that provided to CenturyLink End Users; and
61.5.2 Trouble calls from CenturyLink Communications LLC,shall receive
response time priority that is equal to that of CenturyLink End Users and
shall be handled on a "first come first served" basis regardless of whether
the End User is a CenturyLink Communications LLC,End User or a
CenturyLink End User.
61.6 On all misdirected calls from CenturyLink Communications LLC,End Users
requesting repair, CenturyLink shall provide such Centurylink Communications
LLC,End User with the correct CenturyLink Communications LLC,repair
telephone number as such number is provided to CenturyLink by CenturyLink
Communications LLC,. lf CenturyLink initiates trouble handling procedures, it will
bear all costs associated with that activity. lf CenturyLink Communications
LlC,requests the trouble dispatch, and either there is no trouble found, or the
trouble is determined to be beyond the End User Demarcation Point, then
CenturyLink Communications LLC,will bear the cost.
62. EXPENSES
62.1 ln performing under this Agreement, CenturyLink may be required to make
expenditures or otherwise incur costs that are not otherwise reimbursed under
this Agreement. ln such event, CenturyLink is entitled to reimbursement from
CenturyLink Communications LLC,for all such costs. For all such costs and
expenses, CenturyLink shall receive through nonrecurring charges (NRCs) the
actual costs and expenses incurred, including labor costs and expenses,
overhead and fixed charges, and may include a reasonable contribution to
CenturyLink's common costs. lf CenturyLink Communications LlC,makes a
request that involves expenditures or costs not otherwise covered under this
agreement, CenturyLink will provide a quote to CenturyLink Communications
LLC,in a timely manner and CenturyLink Communications LLC,must agree to
accept the quoted charges prior to CenturyLink's initiation of work.
62.2 Except as specifically set out in this Agreement, each Party shall be solely
responsible for its own expenses involved in all activities related to the subject of
this Agreement.
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ARTICLE V.
TRAFFIC
INTERCONNECTION, TRANSPORT AND TERMINATION OF
63. SERVICES COVERED
63.1 To the e*ent required by Applicable Law and subject to the terms and conditionsof this Agreement, CenturyLink Communications LLC,will interconnect its
network with CenturyLink's network for the transmission, routing and termination
of Local Traffic, ISP-Bound Traffic, lntraLATA LEC Toll Traffic, Local and Toll
VolP-PSTN Traffic, Transit Traffic and Jointly Provided Switched Access Service
Traffic. This Agreement is intended only for Local Traffic consisting of wireline to
wireline communications, not for Mobile Wireless Service traffic, and neither
Party will route Mobile Wireless Service traffic to the other Party (other than
Transit Traffic) without first executing a separate wriften agreement to govern
such traffic.
63.1.1 This Article governs the lnterconnection of network facilities of the
Parties, and the transport, termination and billing of Local Traffic between
CenturyLink and CenturyLink Communications LLC,.
63.1.2 The Parties shall use separate two-way Feature Group D trunks for the
exchange of equal-access lnterLATA Toll Traffic or lntraLATA Toll Traffic,
(other than lntraLATA LEC Toll Traffic, Toll Vo|P-PSTN or Jointly
Provided Switched Access Traffic), and such trunks shall be ordered out
of and subject to the applicable access tariffs.
63.1.3 ln the event CenturyLink Communications LLC,routes any traffic to
Centurylink in violation of this Agreement, Centurylink shall be entitled to
seek injunctive relief and to recover damages, including without limitation,
compensation for such traffic at access rates irrespective of whether a
different rate might apply to such traffic if CenturyLink Communications
LLC,had negotiated appropriate arrangements for exchanging such traffic
with CenturyLink.
63.1.4 Each Party is solely responsible for the services it provides to its End
Users and to other providers.
64. NETWORK INTERCONNECTION METHODS
64.1 This Section sets forth the terms and conditions for Network lnterconnection
Methods (NlMs) provided between CenturyLink and CenturyLink
Communications LLC,for the lnterconnection Facilities established between the
Parties' networks. Additionally, this Section describes the physical architecture
for the interconnection of the Parties' facilities and equipment required for the
transmission and routing of Local Traffic, ISP-Bound Traffic, lntraLATA LEC Toll
Traffic, VolP-PSTN Trafflc, Transit Traffic and Jointly Provided Switched Access
Service Traffic.
64.2 CenturyLink shall provide lnterconnection for CenturyLink Communications
LLC,'s facilities and equipment for the transmission and routing of Local Traffic
and lntraLATA LEC Toll Traffic , at a level of quality equal to that which
CenturyLink provides to itself and Affiliates and on rates, terms and conditions
that are just, reasonable and non-discriminatory.
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64.3 PhysicalArchitecture
64.3.1 CenturyLink's network architecture in any given local exchange area
and/or LATA can vary markedly from another local exchange area/LATA.
Using one or more of the NlMs herein, the Parties will agree to a physical
architecture plan for a specific Local Calling Area. The physical
architecture plan will be discussed during joint implementation planning.
CenturyLink Communications LLC,and CenturyLink agree to lnterconnect
their networks through existing andior new lnterconnection Facilities
between CenturyLink Communications LLC,switch(es) and CenturyLink's
End Office Switch(es) and/or Tandem Switch(es). The physical
architecture plan will be in accordance with Forecasting and Planning
requirements in Article lV.
64.3.2 Either Party must provide thirty (30) Days written notice of any changes to
the physical architecture plan.
64.3.3 Each Party is solely responsible for the facilities that carry OS/DA, 911 or
Mass Calling for their respective End Users. Separate trunks ordered via
ASRs at Tariffed rates must be utilized for connecting CenturyLink
Communications LLC,'s switch(es) to each of these services.
64.3.4 ln accordance with industry traffic engineering standards, trunk
requirements for forecasting and servicing shall be based on an overall
blocking standard of one percent (1%) during the average busy hour, as
defined by Erlang B standards, for the final trunk groups between a
CenturyLink Communications LLC,end office and a CenturyLink access
Tandem carrying Meet Point traffic and all direct end office trunk groups.
All other Tandem trunk groups are to be engineered with a blocking
standard of one percent (1%).
64.4 Points of lnterconnection (POls)
64.4.1 CenturyLink Communications LLC,must establish a minimum of one POI
on CenturyLink's network within each LATA in accordance with the terms
of this Agreement. CenturyLink Communications LlC,shall establish
additional POls under the following circumstances:
a. CenturyLink Communications LLC,must establish a POI at each
Tandem Switch in the LATA where it wishes to exchange (i.e.,
receive or terminate) any types of traffic which are permitted under
Section 63.1 with CenturyLink or where it has established codes
within that tandem serving area..
When a CenturyLink End Office Switch subtends a CenturyLink
Tandem Switch, CenturyLink Communications LLC,must establish
a POI at a CenturyLink End Office when total traffic volumes
exchanged between the Parties at that particular CenturyLink End
Office (inclusive of any Remote Switches served by that End
Office) exceeds, or is expected to exceed, the thresholds as set
forth in Section 64.4.2.
When a CenturyLink End Office Switch subtends a non-
Centurylink Tandem, CenturyLink Communications LLC,must
establish a POI at each CenturyLink End Office Switch that
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subtends a non-CenturyLink Tandem based on the thresholds as
set forth in Section 64.4.2 being met.
To the extent CenturyLink's network contains multiple non-
contiguous exchanges in the LATA that are not interconnected by
CenturyLink-owned network, CenturyLink Communications
LLC,must establish a POI at each separate non-interconnected
exchange or each separate group of exchanges that are
interconnected by CenturyLink-owned network where it wishes to
exchange (i.e., receive or terminate) any types of traffic which are
permitted under Section 63.1 with CenturyLink
CenturyLink Communications LLC,may be required to establish
additional POls to comply with the limitations on porting to carriers
having facilities or numbering resources in the same Rate Center
or to carriers who have partnered with a wireline carrier foi
numbering resources where the partnering carrier has facilities or
numbering resources in the same Rate Center, pursuant to
Section 90.2.
64.4.2 POlThresholds
When the total volume of traffic exchanged between the Parties at
a CenturyLink End Office exceeds 200,000 MOU per month, or
the one-way traffic from either Party exceeds 100,000 MOU per
month, CenturyLink Communications LLC,must establish a POI
with CenturyLink's End Office for the mutual exchange of traffic
within thirty (30) Days of when the traffic exceeds the MOU per
month threshold. ln situations where CenturyLink's network
contains host and remote End Offices, any traffic from remote End
Offices will be included in the MOU determination of the traffic
from the host End Office.
Notwithstanding any other provision to the contrary, if either Party
is assessed transiting costs by a third party and such charges
associated with a single traffic exchange route between the Party
and the Tandem owner exceed two hundred dollars ($200.00) for
one month, CenturyLink Communications LLC,must establish a
POI with CenturyLink's End Office for the mutual exchange of
traffic within thirty (30) Days.
64.4.3 The Parties may mutually agree to establish additional POls even where
none of the conditions set forth in Sections 64.4.1 and 64.4.2 of this
Article has occurred.
64.4.4 CenturyLink Communications LLC,will be responsible for engineering and
maintaining its network on its side of a POl. CenturyLink will be
responsible for engineering and maintaining its network on its side of aPOl. The Parties may utilize any Network lnterconnection Method
described in this Section 64. Each Party is responsible for the appropriate
sizing, operation, maintenance and cost of the transport facility to a POl.
64.4.5 Each Party is financially responsible for transport on its side of each POl.
If CenturyLink Communications LLC,chooses to lease the facility from
each POI to CenturyLink Communications LLC,'s network from
d.
e.
a.
b.
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CenturyLink and the facility is within CenturyLink's serving territory,
CenturyLink Communications LLC,will lease the facility from
CenturyLink's as defined in Section 64.5.64.4.6 CenturyLink
Communications LlC,shall be required to establish a CLLI Code for the
message/switch ACTL, at the CenturyLink tandem or End Office switch
where the lnterconnection trunk terminates.
64.4.7 lf CenturyLink Communications LLC,is acting as an IXC and as a
competitive local exchange carrier, CenturyLink Communications
LLC,must have a unique Operating Company Number (OCN) when
ordering as CenturyLink Communications LLC,entity. When CenturyLink
Communications LlC,orders IXC Feature Group D Switched Access
Services, the access tariff applies.
64.5 Network lnterconnection Methods for Direct lnterconnection
64.5.1 Leased Facility
a. Where facilities exist, CLEC may lease facilities from CenturyLink
to establish lnterconnection through CenturyLink's provision of a
DS1 or DS3 Local lnterconnection Entrance Facility and Direct
Trunked Transport. A Local lnterconnection Entrance Facility
extends from the CenturyLink Serving Wire Center to CLEC's
Switch or other CLEC Premises within CenturyLink's applicable
serving area. Local lnterconnection Entrance Facilities may not
extend beyond the area served by the CenturyLink Serving Wire
Center. The rates for Local lnterconnection Entrance Facilities
are provided in Table 1. Local lnterconnection Entrance Facilities
may not be used for lnterconnection with Unbundled Network
Elements, or in a manner inconsistent with the requirements of
Section 63.1. CenturyLink's special access service is available as
an alternative to CenturyLink provided Local lnterconnection
Entrance Facilities, subject to Section 66.2.8.1.2. CenturyLink's
Switched Access Services are also available as an alternative to
CenturyLink provided Local lnterconnection Entrance Facilities,
subject to Section66.2.8.1.3. CLEC may also lease access
facilities from a third party.b. To the extent required by Applicable
Law, traffic may be delivered to each Point of lnterconnection
(POl) through Collocation arrangements offered by CenturyLink
pursuant to this Agreement, a separate Collocation agreement, or
the rates, terms and conditions set forth in CenturyLink's
applicable Tariff, where such Tariff is available.
64.5.2 Mid Span Fiber Meet.
a. The Parties may interconnect at a Mid Span Fiber Meet subject to
the following terms and conditions:
1. The Mid Span Fiber Meet, as proposed, must be at a
mutually agreeable, economically and technically feasible
point between CenturyLink's Serving Wire Center End
Office and CenturyLink Communications LLC,'s Premises,
and will be within the CenturyLink Local Calling Area.
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2. The Mid Span Fiber Meet will be subject to reasonable
engineering, environmental, safety and security
requirements. Such requirements shall include, without
limitation, the technical ability to accommodate testing on
each side of the mid-span Meet Point and to provide for a
point of demarcation between the networks of each party
and the ability to control the environment.
3. The construction of new facilities for a Mid Span Fiber
Meet is only applicable when traffic is roughly balanced.
4. CenturyLink will provide up to fifty percent (50%) of the
facilities needed to connect the networks of the Parties, or
to CenturyLink's exchange boundary, whichever is less.
5. CenturyLink Communications LlC,shall establish a CLLI
code for the facility ACTL at the Mid-Span Fiber Meet in
addition to any other CLLI code required for the trunks in
this Agreement.
64.5.3 Third Party ILEC Meet Point using Leased Facilities. lf CenturyLink
Communications LLC,chooses to interconnect with CenturyLink using a
third party ILEC Meet-Point arrangement (i.e., leased switched access
facilities jointly provisioned by CenturyLink and a third party ILEC), then
any portion of such facilities provided by CenturyLink will be ordered from
CenturyLink's access Tariff.
64.5.4 Self-Provisioned. CenturyLink Communications LLC,may construct or
otherwise self-provision lnterconnection facilities.
64.6 Direct lnterconnection at the Centurylink Tandem
64.6.1 Subject to Section 64.4, lnterconnection to a CenturyLink Tandem Switch
will provide CenturyLink Communications LLC,local lnterconnection for
Local Traffic to the CenturyLink End Offices, Remote Offices and NXXs
which subtend that Tandem Switch.
64.6.2 ln accordance with Section 67, interconnection to a CenturyLink Tandem
for Transit Traffic purposes will provide access to Telecommunications
Carriers which are connected to that same Tandem Switch.
64.6.3 CenturyLink Communications LLC,is responsible for provisioning its traffic
to interface into CenturyLink's Tandem at the DS1 level, including any
muxing necessary for such purposes..lf CLEC orders CenturyLink
lnterconnection Facilities for this, the CLEC shall pay the applicable Local
lnterconnection Entrance Facility, Direct Trunked Transport, and
multiplexing rates from Table '1. lf CLEC orders CenturyLink's access
services for this, the CLEC shall pay based on CenturyLink's applicable
access tariff instead of Table 1.
64.7 Direct lnterconnection at the Centurylink End Office
64.7.1 lnterconnection to a CenturyLink End Office Switch will provide
CenturyLink Communications LLC,local lnterconnection for Local Traffic
purposes to the CenturyLink NXX codes served by that End Office Switch
and any CenturyLink NXXs served by Remote Switches that subtend that
host End Office Switch.
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64.7.2 CenturyLink Communications LLC,is responsible for provisioning
its traffic to interface into CenturyLink's End Office at the DS1
level, including switch port and any multiplexing necessary for
such purposes. lf CLEC uses CenturyLink lnterconnection
Facilities for this, the CLEC shall pay the applicable Local
lnterconnection Entrance Facility, Direct Trunked Transport, and
multiplexing rates from Table 1. lf CLEC orders CenturyLink's
access services for this, the CLEC shall pay based on
CenturyLink's applicable access tariff instead of Table 1.
64.8 lndirect Network Connection
64.8.1 For purposes of this Agreement, "lndirect Traffic" means traffic which is
originated by one Party and terminated to the other Party in which a third
pafi ILEC's tandem switch both provides the intermediary transit service
and serves CenturyLink's NXXs. lndirect Network Connection for lndirect
Traffic is intended only for de minimus traffic associated with CenturyLink
Communications LlC,"start-up" market entry into a CenturyLink local
exchange. Therefore lndirect Network Connection will be allowed only on
routes between CenturyLink end offices and a Centurylink
Communications LLC,switch in instances where, and only so long as,
none of the triggers set forth in this Section 64.8 have been reached.
64.8.2 lndirect Network Connection shall be accomplished by CenturyLink and
CenturyLink Communications LLC,each being responsible for delivering
Local Traffic to and receiving Local Traffic at the ILEC Tandem serving
the CenturyLink End Office. Each Party acknowledges that it is the
originating Party's responsibility to enter into transiting arrangements with
the third party providing the transit services. Each Party is responsible for
the facilities to the Meet Point with the ILEC on the CenturyLink side of
the ILEC Tandem, and for the appropriate sizing, operation, and
maintenance of the transport facility to the Tandem.
64.8.3 Notwithstanding any other provision to the contrary, once the total volume
of lndirect Traffic exchanged between the Parties at an CenturyLink End
Office exceeds 200,000 MOU per month, or the one-way traffic from
either Party exceeds 100,000 MOU per month, CenturyLink
Communications LLC,must establish a POI with CenturyLink's End Office
for the mutual exchange of traffic within thirty (30) Days of when the
lndirect Traffic exceeds the MOU per month threshold. ln situations
where CenturyLink's network contains host and remote End Offices, any
traffic from remote End Offices will be included in the MOU determination
of the traffic from the host End Office.
64.8.4 Notwithstanding any other provision to the contrary, if CenturyLink is
assessed transiting costs by a third party and such charges associated
with a single traffic exchange route between the Party and the tandem
owner exceed two hundred dollars ($200.00)for one month, CenturyLink
Communications LLC,must establish a POI with the CenturyLink End
Office serving that route for the mutual exchange of traffic within thirty
(30) Days.
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64.8.5 lf CenturyLink Communications LLC,has not established a POI within
thirty (30) Days after exceeding the triggers in Sections 64.8.3 or 64.8.4,
CenturyLink Communications LLC,will reimburse CenturyLink for any
transit charges billed by an intermediary carrier after the thirty (30) Day
period for traffic originated by CenturyLink. CenturyLink Communications
LLC,will also reimburse CenturyLink for any transport costs that would be
CenturyLink Communications LLC,'s responsibility under the Direct
I nterconnection terms.
64.8.6 Each terminating Party is responsible for billing the originating company
for traffic terminated on its respective network. To the extent a Party
combines Local Traffic, lntraLATA LEC Toll Traffic, Toll Vo|P-PSTN
Traffic and Jointly Provided Switched Access Service Traffic on a single
trunk group for indirect delivery through a third party's Tandem, the
originating Party, at the terminating Party's request, will declare quarterly
Percentages of Local Use (PLUs). CenturyLink will determine the
jurisdiction of a call if CenturyLink has sufficient call details.
a. Such PLUs will be verifiable with either call summary records
utilizing Calling Party Number (CPN) information for
jurisdictionalization of traffic, call detail samples, or traffic study
documentation. The terminating Party should apportion per Minute
Of Use (MOU) charges appropriately.
65. SIGNALING AND INTERCONNECTION TRUNKING REQUIREMENTS
65.1 This Section sets forth certain signaling requirements and the terms and
conditions for lnterconnection provided by CenturyLink and CenturyLink
Communications LLC,and provides descriptions of the trunking requirements
between CenturyLink Communications LLC,and CenturyLink. This Section
describes the required and optionaltrunk groups for Local and Mass Calling.
65.2 Signaling Parameters: CenturyLink and CenturyLink Communications LLC,are
required to provide each other the proper signaling information (e.9., originating
Calling Party Number (CPN), Charge Number (ChN) and destination called party
number, etc.) as required by Applicable Rules and further clarified by the FCC's
ICC Order to enable each Party to issue bills in a complete and timely fashion.
All CCS signaling parameters will be provided unchanged including CPN, calling
party category, ChN and Originating Line lnformation Parameter (OLIP) on all
calls. All privacy indicators will be honored. Unless the FCC has approved a
waiver petition regarding specific technical restrictions, the ChN is to be passed
unaltered in SS7 signaling fields where it is different than CPN and ChN must not
be populated with a number associated with an intermediate switch, platform, or
gateway, or other number that designates anything other than a calling party's
charge number. Where SS7 connections exist, each Party shall pass all CCS
signaling parameters, where available, on each call carried over lnterconnection
trunks. The Parties will coordinate and exchange data as necessary to
determine the cause of the CPN/ChN failure and to assist its correction.
65.3 The Parties shall use separate two-way Feature Group D trunks for the exchange
of any traffic which is not Local Traffic, except for Toll Vo|P-PSTN Traffic,
lntraLATA LEC Toll Traffic and Jointly Provided Switched Access Service Traffic
(as defined by MECAB and MECOD) and such trunks shall be ordered out of and
subject to the applicable access tariffs. ln the event CenturyLink
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Communications LLC,routes any traffic to CenturyLink in violation of this section,
CenturyLink shall be entitled to seek injunctive relief and to recover damages,
including without limitation, compensation for such traffic at the rates applicable
to intrastate access traffic which is not VolP-PSTN Traffic.
65.4 One Way and Two Way Trunk Groups.
65.4.1 The Parties agree to establish bi-directional two-way trunk groups for
Local Traffic and lntraLATA LEC Toll Traffic that has not been routed to
an IXC and separate two-way trunk groups for Jointly Provided Switched
Access Traffic. Trunks will utilize Signaling System 7 (SS7) signaling
protocol. Multi-frequency (MF) signaling protocol may only be used
where CenturyLink Communications LLC,can demonstrate that it is not
technically feasible to use SS7 or where CenturyLink otherwise agrees to
use MF.
65.4.2 Bi-directional two-way trunking for Local Traffic will be jointly provisioned
and maintained, with each Party being responsible for costs on its side of
the POl.
65.4.3 The costs associated with transporting lnformation Service Traffic to
CenturyLink Communications LlC,shall be the sole responsibility of
CenturyLink Communications LLC,. CenturyLink is not obligated under
this Agreement to provision orders for reciprocal trunks or build facilities
in the establishment of lnterconnection arrangements solely for the
delivery of lnformation Service Traffic. Facilities for lnformation Service
Traffic shall be ordered from the appropriate Tariff and CenturyLink
Communications LLC,will be obligated to pay the full cost of such
facilities. An upfront charge will apply for any new facilities or network
modifications requested by CenturyLink Communications LLC,and agreed
upon by CenturyLink.
65.4.4 For administrative consistency CenturyLink Communications LLC,will
have control for the purpose of issuing Access Service Requests (ASRs)
on two-way groups. CenturyLink Communications LLC,will also use
ASRs to request or make necessary changes in trunking.
65.4.5 With respect to any two-way trunks established as one-way in each
direction and separate one-way trunks for local services previously
established between the Parties, the Parties will transition such trunks to
bi-directional trunks in accordance with the following:
a. The Parties understand that conversion of trunking arrangements
from directionalized to bi-directional requires technical and
operational coordination between the Parties. Accordingly, the
Parties agree to work together to develop a plan to identify
processes, guidelines, specifications, time frames and additional
terms and conditions necessary to support and satisfy the
standards set forth in the Agreement and implement the
conversion of trunking arrangements (the "Conversion Plan").
b. The Conversion Plan will identify all trunks to be converted from
directionalized to bi-directional arrangements.
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65.4.6 Separate ancillary trunk groups may be established based on billing,
signaling, and network requirements, and will be purchased from the
applicable Tariff.
a. Ancillary trunk groups will utilize Signaling System 7 (SS7)
protocol. Multi-frequency (MF) signaling protocol may only be
used where CenturyLink Communications LLC,can demonstrate
that it is not technically feasible to use SS7 or where CenturyLink
otherwise agrees to use MF.
b. Separate trunk groups may be required by CenturyLink for certain
traffic types including, but not limited to:
1. 91 1/E911 trunks;
2. Mass Calling trunks, if applicable; and
3. Toll Free Service trunks where CenturyLink
Communications LLC,provides such service to its End
User customers.
65.5 Trunk Groups
65.5.1 CenturyLink Communications LlC,shall provide all SS7 signaling
information pursuant to Signaling Parameters Section 65.2. For
terminating Jointly Provided Switched Access, CenturyLink will pass all
SS7 signaling information including, without limitation, any CPN and JIP
received from FGD carriers. All privacy indicators will be honored. Where
available, network signaling information such as transit network selection
(TNS) parameter, Carrier ldentification Codes (ClC) CCS platform and
CICIOZZ information (non-SS7 environment) will be provided by
CenturyLink Communications LlC,wherever such information is needed
for call routing or billing. The Parties will follow all Network Operations
Forum (NOF) adopted standards and all OBF adopted standards
pertaining to TNS and CIC/OZZ codes.
65.5.2 CenturyLink Communications LLC,and CenturyLink shall, where
applicable, make reciprocally available, the required trunk groups to
handle different traffic types.
a. Any Local Traffic routed over Switched Access Service trunks will
be billed the intrastate terminating access rate. Neither party shall
route Switched Access Service traffic over Local lnterconnection
Trunks.
b. Each Party shall only deliver traffic over the Local lnterconnection
Trunk Groups to the other Party's Tandem or End Office for those
NXX Codes served by that Tandem or End Office as applicable in
accordance with the LERG.
65.6 Trunk Servicing
65.6.1 Orders between the Parties to establish, add, change or disconnect
trunks shall be processed by using an Access Service Request (ASR).
CenturyLink Communications LLC,will have administrative control for the
purpose of issuing ASR's on both two-way and one-way trunk groups.
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Parties will jointly manage the capacity of Local lnterconnection Trunk
Groups.
65.6.2 Should CenturyLink Communications LLC,request trunking from
CenturyLink in excess of the industry traffic engineering design blocking
standard set forth in Section 64.3.4. CenturyLink is not obligated to
provide such trunking unless CenturyUnk Communications LLC,agrees in
writing to pay for the excess trunking on the CenturyLink side of the POl.
65.6.3 Utilization shall be defined as 'trunks required' as a percentage of trunks
in service. Trunks required shall be determined using methods described
in Section 64.3.4 using design utilization criteria stated in Section 65.6.2.
65.6.4 Underutilization: Underutilization of lnterconnection Trunks and facilities
exists when provisioned capacity of trunks in service for more than six (6)
months is greater than the current need. This over-provisioning is an
inefficient deployment and use of network resources and results in
unnecessary costs. Those situations where more capacity exists than
actual usage will be handled in the following manner:
a. lf a final trunk group is under seventy-five percent (75%) of CCS
capacity or a high usage trunk group is under 90% of CCS
capacity on a monthly average basis, for each month of any three
(3) consecutive months period, either Party may request the
issuance of an order to resize the trunk group, which shall be left
with not less than twenty-five percent (25o/o) excess capacity. ln all
cases POI requirements and grade of service objectives shall be
maintained.
b. CenturyLink Communications LLC,will send an ASR to
CenturyLink to trigger changes to the Local lnterconnection Trunk
Groups based on capacity assessment.
c. Upon review of the ASR if a Party does not agree with the
resizing, the Parties will schedule a joint planning discussion
within twenty (20) Business Days. The Parties will meet to resolve
and mutually agree to the disposition of the initiating ASR.
d. ln the event that CenturyLink Communications LLC,over-forecasts
its trunking requirements consistent with this Section, and
CenturyLink acts upon this forecast to its detriment, CenturyLink
may recoup any actual and reasonable expense it incurs. Such
expenses will be recouped for non-recoverable facilities.
65.7 CenturyLink Communications LLC,will be responsible for engineering its network
on its side of the Point of lnterconnection (POl). CenturyLink will be responsible
for engineering its network on its side of the POl.
65.8 Where facilities are available, due dates for the installation of Local
lnterconnection Trunks covered by this Section shall be in accordance with the
Standard Practices as published on the CenturyLink Website. lf either
Centurylink Communications LLC,or CenturyLink is unable to or not ready to
perform Acceptance Tests, or is unable to accept the Local lnterconnection
Trunk(s) by the due date, the Parties will reschedule a mutually acceptable date.
65.9 Trunk Data Exchange
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65.9.1 Each Party agrees to service trunk groups to the blocking criteria in
Section 64.3.4 in a timely manner when trunk groups exceed measured
blocking thresholds on an average time consistent busy hour for a twenty-
one (21) Day study period. The Parties agree that twenty-one (21) Days
is the study period duration objective unless mutually agreed otherwise.
The study period will not include a holiday.
65.10 Network Management
65.10.1 Restrictive Controls. Either Party may use protective network
traffic management controls such as 7-digit and 1O-digit code
gaps set at appropriate levels on traffic toward each other's
network, when required, to protect the public switched network
from congestion due to facility failures, switch congestion, or
failure or focused overload. CenturyLink Communications
LLC,and CenturyLink will immediately notify each other of any
protective control action planned or executed.
Expansive Controls. Where the capability exists, originating or
terminating traffic reroutes may be implemented by either Party to
temporarily relieve network congestion due to facility failures or
abnormal calling patterns. Reroutes will not be used to circumvent
normal trunk servicing. Expansive controls will only be used when
mutually agreed to by the Parties.
Temporary Mass Calling. CenturyLink Communications LLC,and
CenturyLink shall cooperate and share pre-planning information,
where available, regarding cross-network call-ins expected to
generate large or focused temporary increases in call volumes, to
prevent or mitigate the impact of these events on the public
switched network.
65.10.2
65.10.3
65.1 1 Technical lnterfaces
CenturyLink Communications LLC,is responsible for provisioning
its traffic to CenturyLink's switch port at the DS1 level, including
any multiplexing necessary for such purposes.
Where available, each Party shall cooperate to ensure that its
trunk groups are configured utilizing the BBZS Extended
Superframe protocol for 64 kbps Clear Channel Capability
(64CCC) transmission to allow for ISDN interoperability between
the Parties' respective networks. Trunk groups configured for
64CCC and carrying Circuit Switched Data (CSD) ISDN calls may
include the appropriate Trunk Type Modifier in the common line
circuit (CLCI) - Message code. Trunk groups configured for
64CCC and not used to carry CSD ISDN calls may include a
different appropriate Trunk Type Modifier in the CLCI-Message
code. Where BBZS/ESF is not available CenturyLink
Communications LLC,will use other lnterconnection protocols on
an interim basis until the standard BSZS/ESF is available.
CenturyLink will provide anticipated dates of availability for those
areas not currently BBZS/ESF compatible.
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65.11.1
65.11.2
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65.11.3 Signaling protocol. The parties will interconnect their networks
using SS7 signaling where technically feasible and available as
defined in GR 905 Telcordia Standards including ISDN User Part
(ISUP) for trunk signaling and TCAP for CCS-based features in
the lnterconnection of their networks. All Network Operations
Forum (NOF) adopted standards shall be adhered to. Where
available, CenturyLink signaling services to link its Signaling
Transfer Points (STPs) for CenturyLink Communications
LLC,switches which connect to CenturyLink's STPs via "A" links or
for CenturyLink Communications LLC,'s STPs to connect to
CenturyLink's STPs via "D" links which are dedicated to the
transport of signaling for local lnterconnection, may be ordered
from the CenturyLink Tariff.
65.12 Responsibilities of the Parties
65.12.1
65.12.2
65.12.3
65.12.4
65.12.5
65.12.6
65.12.7
65.12.8
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CenturyLink Communications LLC,and CenturyLink will work
cooperatively to install and maintain a reliable network.
CenturyLink Communications LLC,and CenturyLink shall
exchange appropriate information (e.9., maintenance contact
numbers, network information, information required to comply with
law enforcement and other security agencies of the federal and
State government and such other information as the Parties shall
mutually agree) to achieve this desired reliability.
CenturyLink Communications LLC,and CenturyLink will review
engineering requirements as necessary and establish semi-annual
forecasts for facilities utilization provided under this Article.
CenturyLink Communications LLC,and CenturyLink will provide
trained personnel with adequate and compatible test equipment to
work with each other's technicians.
CenturyLink Communications LLC,and CenturyLink will notify
each other when there is any change affecting the service
requested, including the due date.
CenturyLink Communications LLC,and CenturyLink will recognize
that a facility handoff point must be agreed to as part of the
process of the lmplementation Plan that establishes the
demarcation for maintenance and provisioning responsibilities for
each Party.
CenturyLink Communications LLC,and CenturyLink will review
engineering requirements consistent with the lmplementation Plan
as described in and as otherwise set forth in this Agreement.
CenturyLink Communications LLC,and CenturyLink will share
responsibility for all control offlce functions for Local
lnterconnection Trunks and trunk groups, and both parties shall
share the overall coordination, installation, and maintenance
responsibilities for these trunks and trunk groups.
CenturyLink Communications LLC,and CenturyLink will coordinate
and schedule testing activities of their own personnel, and others
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as applicable, to ensure its lnterconnection trunks/trunk groups
are installed per the lnterconnection order, meet agreed-upon
acceptance test requirements, and are placed in service by the
due date.
CenturyLink Communications LLC,and CenturyLink will perform
isolation analysis to determine if a trouble is located in its facility or
its portion of the lnterconnection trunks prior to referring the
trouble to each other.
65.12.10 CenturyLink Communications LLC,and CenturyLink will advise
each other if there is an equipment failure which may affect the
lnterconnection trunks.
65.12.11 CenturyLink Communications LLC,and CenturyLink will provide
each other with a trouble reporting/repair contact number that is
readily accessible and available twenty-four (24) hours a day,
seven (7) days a week. Any changes to this contact arrangement
must be immediately provided to the other party.
65.12.12 CenturyLink Communications LLC,and Centurylink will provide to
each other test-line numbers and access to test lines.
65.12.13 CenturyLink Communications LLC,and CenturyLink will
cooperatively plan and implement coordinated repair procedures
for the Meet Point and Local lnterconnection Trunks and facilities
to ensure trouble reports are resolved in a timely and appropriate
manner.
65.13 Neither Party shall use any lnterconnection, function, facility, product, Network
Element, or service provided under this Agreement or any other service related
thereto or used in combination therewith in any manner that interferes with or
impairs service over any facilities of either Party, its affiliated companies or other
connecting Telecommunications Carriers, prevents any carrier from using its
Telecommunication Service, impairs the quality or privacy of
Telecommunications Service to other carriers or to either Party's End Users,
causes hazards to either Party's personnel or the public, damage to either
Party's or any connecting carrier's facilities or equipment, including any
malfunction of ordering or billing systems or equipment. Upon such occurrence,
either Party may discontinue or refuse service for so long as the other Party is
violating this provision. Upon any such violation, either Party shall provide the
other Party notice of the violation at the earliest practicable time.
66. INTERCARRIER COMPENSATION
66.1 GeneralTerms
66.1.1 For compensation purposes, the jurisdiction of a call is determined by the
physical location of the origination and termination of such call, except as
may otherwise be specified herein for VolP-PSTN Traffic.
66.1.2 VolP-PSTN Traffic
a. Local VolP-PSTN Traffic. CenturyLink Communications LLC,and
CenturyLink will exchange Local VoIP-PSTN Traffic on the same
basis and at the same rates as Local Traffic which is not VolP-
PSTN Traffic. VolP-PSTN Traffic will be identified as either Local
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or non-Local by using the originating and terminating call detail
information of each call unless the Parties specifically agree
otherwise. This call jurisdiction method described herein is
intended by the Parties as a proxy to determine the jurisdiction of
a call (i.e. the actual geographic end points of the call) and the
Parties acknowledge that there may be some circumstances
where the actual geographic end points of a particular call may be
difficult or impossible to determine. At any time during the term ofthis Agreement, CenturyLink Communications LLC,and
CenturyLink may agree on alternate methods to establish call
jurisdiction for Local VolP-PSTN Traffic based on regulatory or
technological evolution. The Parties agree that it is in the best
interest of both Parties to work together in an effort to continue to
improve the accuracy of jurisdictional data and such efforts shall
not be unreasonably withheld by either Party. This paragraph
shall not be controlling nor affect the determination of the proper
jurisdiction or the geographic end points of any traffic which is not
VolP-PSTN Traffic, including without limitation, any VNXX Traffiic.
TollVolP-PSTN Traffic
1. CenturyLink Communications LLC,and CenturyLink will
exchange Toll VolP-PSTN Traffic, including any Toll VolP-
PSTN Traffic which transits a CenturyLink Tandem, at
each Party's interstate access rates. Any non-Local Traffic
which is not Toll Vo|P-PSTN Traffic shall be routed in
accordance with Section 63.'12. VolP-PSTN Traffic will be
identified as either Local Traffic or non-Local Traffic by
using the originating and terminating call detail information
of each call unless the Parties specifically agree otherwise.
This call jurisdiction method described herein is intended
by the Parties as a proxy to determine the jurisdiction of a
call (i.e. the actual geographic end points of the call) and
the Parties acknowledge that there may be some
circumstances where the actual geographic end points of a
particular call may be difficult or impossible to determine.
At any time during the term of this Agreement, CenturyLink
Communications LLC,and CenturyLink may agree on
alternate methods to establish call jurisdiction for Toll
VolP-PSTN Traffic based on regulatory or technological
evolution. The Parties agree that it is in the best interest of
both Parties to work together in an effort to continue to
improve the accuracy of jurisdictional data and such efforts
shall not be unreasonably withheld by either Party.
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The facilities, or portion thereof, leased by CLEC from
CenturyLink which are used to exchange Toll Vo|P-PSTN
Traffic shall be subject to CenturyLink's interstate access
tariff rates. CenturyLink will use the Facilities Percent VolP
Usage (Facility-PVU) factor in Table 1 to determine the
portion of the Local lnterconnection Entrance Facility,
Direct Trunked Transport, and MUX that shall be deemed
the portion of the facility used to carry Toll VoIP-PSTN
Traffic.
2.1 The Facility-PVU factor shall be the
percentage of the total traffic CLEC routes
to CenturyLink for termination using Local
lnterconnection Trunks which is Toll VolP-
PSTN Traffic. The Facility-PVU factor shall
be based on information such as the
number of the CLEC's retail VolP
subscriptions in the state (e.9. as reported
on FCC Form 477), traffic studies, actual
call detail, or other relevant and verifiable
information which the parties will exchange.
The Contract-PVU factor shall be the percentage of total
terminating intrastate non-Local Traffic which is Toll VolP-
PSTN Traffic that in the absence of such Contract-PVU,
would be billed at intrastate access rates. The Contract-
PVU factor shall be based on information such as the
number of the CenturyLink Communications LLC,'s retail
VolP subscriptions in the state (e.9. as reported on FCC
Form 477), traffic studies, actual call detail, or other
relevant and verifiable information which will be exchanged
by the parties. The Contract-PVU factor may be updated
by an amendment mutually negotiated by the Parties.
5. Any factors established by the Parties under
Section 66.1.2 shall be based on the particular
characteristics of the traffic exchanged within the Statebetween Centurylink Communications LLC,and
CenturyLink and shall not be subject to adoption by
anyone not a Party to this Agreement, or apply to any
other service areas.
66.2 Compensation for Transport and Termination of Local Traffic
66.2.1 Reciprocal Compensation applies for transport and termination of Local
Traffic terminated by either Party.
66.2.2 The rate elements for transporting and terminating Local Traffic can be
found in Table 1.
66.2.3 The terminating Party may bill the other Party Reciprocal Compensation
for all Local Traffic MOU routed by the other party for termination.
66.2.4 CenturyLink Communications LLC,and CenturyLink agree to terminate
each other's ISP-Bound Traffic on a Bill and Keep basis. "Bill and Keep"
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3.
4.
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shall mean that the originating Party has no obligation to pay terminating
charges to the terminating Party.
66.2.5 Recording for Reciprocal Compensation
a. Each Party will calculate terminating MOU based on standard
Automatic Message Accounting (AMA) recordings made within
each Party's network. These recordings are the basis for each
Party to generate bills to the other Party. For purposes of
Reciprocal Compensation only, measurement of MOU over Local
lnterconnection Trunk Groups shall be in actual conversation
seconds. The total conversation seconds over each individual
Local lnterconnection Trunk Group will be totaled for the entire
monthly bill and then rounded to the next whole minute.
Notwithstanding the above, either Party may use its SS7 data to
verify and adjust billing as appropriate.
66.2.6 Recording for lndirect lnterconnection
a. For any traffic exchanged between the Parties via third party
Tandems, each Party will either record the traffic it terminates in
accordance with this Section, or will utilize records provided by the
Tandem provider to invoice for traffic terminating on its network.
66.2.7 Billing Elements for LocalTransport and Termination
a. The transport and termination elements for Local Traffic depend
on the type of lnterconnection between the Parties.
1. When the POI is connected to the CenturyLink Tandem
Switch or in a Mid-Span Fiber Meet arrangement
connected to the CenturyLink Tandem Switch, when calls
from CenturyLink Communications LLC,End Users are
terminating to CenturyLink End Users through the
CenturyLink Tandem Switch, CenturyLink Communications
LLC,will pay CenturyLink Tandem Switching, Common
Transport, and End -Office termination. CenturyLink
Communications LlC,shall also pay Common Transport
for calls that terminate at a CenturyLink Remote Switch
served by the CenturyLink host End Office Switch.
2. When the POI is connected to the CenturyLink End Office
Switch or in a Mid-Span Fiber Meet arrangement
connected to the CenturyLink End Office Switch, and calls
from CenturyLink Communications LLC,End Users are
terminating to CenturyLink End Users through the End
Office Switch, CenturyLink Communications LLC,shall pay
CenturyLink End Office termination. CenturyLink
Communications LlC,shall also pay Common Transport
for calls that terminate at a CenturyLink Remote Switch
served by the CenturyLink host End Office Switch.
3. For lndirect Network Connection, CenturyLink
Communications LlC,shall pay Common Transport and
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End Office termination for calls that terminate at a
CenturyLink End Office Switch.
66.2.8 Billing Elements for lnterconnection Facility
66.2.8.1 Local lnterconnection Entrance Facility
66.2.8.1.1 Recurring and nonrecurring rates for Local
lnterconnection Entrance Facilities are specified in Table 1 and will
apply for those DS1 or DS3 facilities dedicated to use as
lnterconnection and ordered as lnterconnection Facilities.
66.2.8.1.2 lf CLEC chooses to provision facilities over an
existing facility purchased as special access service from the
CenturyLink state or FCC access Tariffs, the rates from those
Tariffs will apply instead of Local lnterconnection Entrance Facility
charges from Table 1.
66.2.8.1.3 lf CLEC chooses to order lnterconnection Facilities
as Switched Access Service from the CenturyLink state and FCC
access Tariffs, the rates from those Tariffs will apply instead of
Local lnterconnection Entrance Facility, DTT, and MUX charges
from Table 1.
66.2.8.2 Recurring rates for Direct Trunked Transport (DTT) are
specified in Table 1 and will apply for those DS1 or DS3 facilities
dedicated to use as lnterconnection and ordered as Interconnection
Facilities. Direct Trunked Transport (DTT) is available between the
Serving Wire Center of the Local lnterconnection Entrance Facility or
Collocation and the terminating and/or transiting Tandem Switch or End
Office Switches.
66.2.8.2.1 When DTT is provided to a Tandem Switch, the
applicable DTT rate elements apply between the Serving Wire
Center and the Tandem Switch. Tandem Switching and Common
Transport rate elements apply for delivery of traffic to the
terminating End Office Switch.
66.2.8.2.2 Rate band shall be determined for DTT based on
the combination of the Serving Wire Center and the Tandem
Switch or End Office Switch. Pending system conversions may
require a change to a new standard DTT rate structure which will
be reflected in an amended Table 1.
66.2.8.2.3 lf the Parties elect to establish two-way Local
lnterconnection Trunks for reciprocal exchange of traffic, the cost
of the two-way Local lnterconnection Entrance Facility and DTT
shall be shared among the Parties.
66.2.8.2.3.1 CenturyLink will bill CLEC for the entire
DTT and Local lnterconnection Entrance Facility provided
by CenturyLink at the rates in Table 1. CLEC will bill
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CenturyLink for CenturyLink's portion of the same DTT and
Local lnterconnection Entrance Facility based on the
portion defined in 66.2.8.2.3.2 and at the rates in Table 1.
66.2.8.2.3.2 CenturyLink's portion of the DTT and
Local lnterconnection Facility will be based on the factor
determined by Centurylink using the following to assign
the minutes for which CenturyLink is responsible:
. All Local Traffic Minutes of Use (MOU) that
CenturyLink originates and sends to CLEC.
. AllCenturyLink originated lntraLATA LEC TollMOU
that CenturyLink sends to CLEC.
. All other minutes are CLEC's responsibility for
purposes of allocating the shared costs.
66.2.8.2.3.3 CLEC may bill CenturyLink for CenturyLink's use of
the Local lnterconnection Entrance Facility and DTT provided by
the CLEC on CLEC's side of the POl, which are within the LATA
and CenturyLink's serving territory, based on the portion defined
in 66.2.8.2.3.2 and the rates in Table 1.
66.2.9 Multiplexing (DS1/DS3 MUX) is available at the rate specified in Table 1.
lf the lnterconnection Facility was ordered as Switched Access Service,
then the tariffed rates apply instead of the MUX rates from Table 1.
66.2.10 Trunk Nonrecurring charges
66.2.10.1 lnstallation and Disconnect nonrecurring charges may be
assessed by the provider for each lnterconnection Trunk ordered at the
rates in Table 1.
66.2.10.2 Nonrecurring charges for rearrangement may be assessed by the
provider for each lnterconnection Trunk rearrangement ordered, at one-
half (112) the rates specified in Table 1.
66.2.10.3 lf the lnterconnection Facility is ordered as Switched Access
Service, then the applicable tariffed trunk nonrecurring charges apply
instead of the rates from Table 1.
66.2.11 For purposes of compensation between the Parties, CLEC shall adopt
the Rate Center areas and Rating Points that the Commission has approved for
the lLECs. ln addition, CLEC shall assign whole NPA-NXX codes to each Rate
Center, subject to State regulatory requirements. lf CLEC only obtains
thousands blocks instead of whole NPA-NXX codes, those thousands blocks
shall remain rated to the Rate Center associated with the donating NPA-NXX
code.
66.3 Compensation of non-Local traffic
66.3.1 Percent Local Usage
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a. CenturyLink will determine the jurisdiction of a call if CenturyLink
has sufficient call details. When call details are insufficient to
determine the jurisdiction for the call, the CenturyLink
Communications LLC,will identify in writing the Percent Local
Usage (PLU) factor on each lnterconnection order to identify its
Local Traffic for Reciprocal Compensation purposes. For non-
Local traffic, the Parties agree to compensate one another based
on the rates included in each Party's access Tariffs. CenturyLink
may request CenturyLink Communications LLC,'s traffic study
documentation of the PLU at any time to verify the PLU and may
compare the documentation to studies developed by CenturyLink.
Should the documentation indicate that the factor should be
changed by Centurylink, the Parties agree that any changes will
be retroactive to all traffic which is determined to have applied an
inaccurate factor.
b. ln the absence of a written agreement between the Parties stating
otherwise, and except as otherwise provided under Section 66.1.2
for Vo|P-PSTN Traffic, the PLU shall not be deemed to account
for the jurisdiction of any traffic which may appear to be Local
Traffic based upon the originating and terminating call detail
information, where such call detail information does not accurately
reflect the true geographic end points of the call, and the Partiesmay seek appropriate compensation for such calls
notwithstanding such PLU factor.
66.3.2 Traffic originated to or directed to or through an ISP that is physically
located outside the originating End User's Local Calling Area and calls to
an ISP which are placed on a non-local basis (e.9. toll calls or 8W calls)
are non-Local traffic for compensation purposes and will be compensated
at the appropriate lnterstate or lntrastate Switched Access Service rates.
66.3.3 VNXX Traffic is not Local Traffic for purposes of intercarrier
compensation, and such VNXX Traffic shall not be subject to Reciprocal
Compensation. lf the Parties exchange VNXX Traffic, a Party that
originates or terminates such calls shall be entitled to recover originating
or terminating access charges, except that the Party that provides the
VNXX Service that enables such VNXX Traffic shall not be entitled to
recover access charges for such VNXX Traffic. Both Parties represent
and warrant that they are not providing VNXX Service and will not do so
unless they provide advance written notice to the other Party. Either
Party may perform traffic studies at any time to determine if VNXX Traffic
is being exchanged with the other Party, and each Party will provide data
necessary to determine the physical, geographic location of customer
premise equipment which is associated with an NPA-NXX-XXXX.
66.3.4 lntentionally Left Blank
66.3.5 Unless otherwise required by Applicable Law, in the absence of a written
agreement between the Parties stating otherwise, any traffic which is not
included within the definition of Local Traffic or otherwise specifically
addressed in this Agreement will be compensated at Access Service
rates. The right to assess such Access Service charges shall not be
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deemed to constitute authorization for CenturyLink Communications
LLC,to route any traffic in a manner which is not permitted under this
Agreement.
67. TRANSIT TRAFFIC
67.1 Transit Service terms in this Agreement are for the delivery of Transit Traffic.
Any Jointly Provided Switched Access Traffic that transits the CenturyLink
network will not be considered Transit Traffic and any network functions provided
by CenturyLink in connection with such Jointly Provided Switched Access will be
provided to the IXC at Switched Access Service rates.
67.2 When CenturyLink receives an unqueried call from CenturyLink Communications
LLC,to a telephone number that has been ported to another services provider,
rates applicable to Transit Service will apply in addition to any query rates.
67.3 To the extent network and contractual arrangements exist with all necessary
parties throughout the term of this Agreement, CenturyLink will provide Transit
Services for CenturyLink Communications LLC,'s connection of its End User to a
local End User of: (1) other CenturyLink Communications LLC,s, (2) other ILECs
(including any CenturyLink ILEC affiliates who may be a Party to this Agreement,
other than the CenturyLink ILEC affiliate providing the Transit Service), and (3)
CMRS carriers. CenturyLink will only provide a Transit Service where
CenturyLink Communications LLC,is interconnected at the same CenturyLink
Tandem switch to which the terminating carrier is interconnected. CenturyLink
Communications LlC,agrees not to route Transit Traffic to a non-CenturyLink
Tandem (i.e., double Tandem Transit Traffic) where the NPA-NXX of the number
called is rated within CenturyLink's Tandem serving area, and CenturyLink
Communications LLC,shall reimburse CenturyLink for any terminating
compensation charged to CenturyLink by a terminating carrier as a result of any
such double Tandem Transit Trafflc routed by CenturyLink Communications
LLC,.
67.4 CenturyLink may require separate trunking for the delivery of such Transit Traffic
in order to accurately measure and bill it.
67.5 ln the event Transit Traffic originated by CenturyLink Communications LLC,is
blocked by a third party, CenturyLink shall have no obligation to resolve the
dispute. CenturyLink Communications LLC,acknowledges that CenturyLink doesnot have any responsibility to pay, and CenturyLink Communications
LLC,indemnifies CenturyLink against any third-party Telecommunications Carrier
charges for termination of any identifiable Transit Traffic routed to CenturyLink by
CenturyLink Communications LLC,.
67.6 Payment Terms and Conditions
67.6.1 CenturyLink Communications LlC,shall pay a Transit Service Charge as
set forth in Table 1 for any Transit Traffic routed to CenturyLink by
CenturyLink Communications LLC,.
67.6.2 CenturyLink Communications LLC,shall be responsible for payment of
Transit Service charges on Transit Traffic routed to CenturyLink by
CenturyLink Communications LLC,and for any charges assessed by the
terminating carrier. CenturyLink Communications LLC,agrees to enter
into traffic exchange agreements with third-parties prior to routing any
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Transit Traffic to CenturyLink for delivery to such third parties, and
CenturyLink Communications LLC,will indemnify, defend and hold
harmless the Transit Service provider against any and all charges levied
by such third-party terminating carrier with respect to Transit Traffic,
including but not limited to, termination charges related to such traffic and
attorneys' fees and expenses.
67.7 Exchange of Data
67.7.1 To the extent technically feasible, the Parties involved in transporting
Transit Traffic will deliver calls to each involved network with Common
Channel Signaling (CCS)/Signaling System 7 (SS7) protocol and the
appropriate ISUPffCAP messages to facilitate full interoperability and
billing functions. The Parties agree to send all message indicators,
including originating telephone number, local routing number and, where
appropriate, ClC.
67.8 Notwithstanding any other provision to the contrary, once the volume of Transit
Traffic exchanged between CenturyLink Communications LLC,and a third party
exceeds the equivalent of three (3) DSl s of traffic, Centurylink may, but shall not
be obligated to, require CenturyLink Communications LLC,to establish a direct
connection with the parties to whom they are sending traffic. CenturyLink also
reserves the right to require CenturyLink Communications LLC,to establish a
direct connection to the third party if, in CenturyLink's sole discretion, the
Tandem is at or approaching capacity limitations. These limitations may include
but are not limited to a lack of trunk port capacity or processor capacity based on
the then existing Tandem and network configuration. Within sixty (60) Days after
CenturyLink notifies CenturyLink Communications LLC,of the requirement to
direct connect, CenturyLink Communications LLC,shall establish a direct
lnterconnection with such third party. After sixty (60) Days, if CenturyLink
Communications LLC,has not established a direct lnterconnection, CenturyLink
may thereafter charge CenturyLink Communications LLC,for such Transit
Service at double the Transit Service Charge set forth in Table 1.
67.9 ln the event a third party files a complaint or other legal action against
CenturyLink, or threatens to do so, as a result of a controversy involving Transit
Traffic originated by CenturyLink Communications LlC,which is routed to such
third party, then upon written notice CenturyLink may require CenturyLink
Communications LLC,to (i) directly interconnect with such third party, or (ii) to
otherwise cease using Transit Service of CenturyLink for delivery of CenturyLink
Communications LLC,-originated traffic to such third party, (iii) or to take such
other action which may be mutually acceptable to CenturyLink, and CenturyLink
Communications LLC,in order to protect and remove CenturyLink from such
controversy, and CenturyLink may seek legal or equitable relief for purposes of
enforcing this paragraph.
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ARTICLE VI. UNBUNDLED NETWORK ELEMENTS
6S.INTRODUCTION
68.1 This Article sets forth the terms and conditions pursuant to which CenturyLink will
furnish CenturyLink Communications LLC,with access to UNEs pursuant to
$251(c)(3) of the Telecommunications Act for the provision by CenturyLink
Communications LLC,of a Telecommunications Service in CenturyLink's
incumbent Local Exchange areas. Notwithstanding any other provision of this
Agreement, CenturyLink shall only be obligated to provide UNEs and UNE
Combinations to CenturyLink Communications LLC,to the extent required by this
Agreement and Applicable Law.
68.2 CenturyLink Communications LlC,shall pay CenturyLink the recurring and non-
recurring charges listed in Table 1 or, if not listed on Table 1, as listed in the
applicable Tariff, or as agreed to by the Parties in accordance with Section 68.3
for the UNEs provisioned.
68.3 lf CenturyLink Communications LlC,procures any UNEs, UNE Combinations
and/or other services for which rates are not currently in this Agreement,
CenturyLink then reserues the right to charge CenturyLink's then standard rates,
if any, for such UNEs, UNE Combinations and/or other services, or to develop a
rate using an appropriate methodology, which rate shall be subject to dispute
resolution, if necessary.
68.4 Access to UNEs is provided under this Agreement over such routes,
technologies, and facilities as CenturyLink may elect at its own discretion.
Where facilities and equipment are not available, CenturyLink will not be required
to provide UNEs.
68.5 Subject to the terms herein, Centurylink is responsible only for the installation,
operation and maintenance of the as-ordered UNEs it provides pursuant to the
terms of this Agreement. CenturyLink is not otherwise responsible for any
services provided by CenturyLink Communications LlC,through the use of those
UNEs.
68.6 Operations Support Systems (OSS). CenturyLink will offer unbundled access to
CenturyLink's OSS to the extent technically feasible in a non-discriminatory
manner. OSS consists of pre-ordering, ordering, provisioning, maintenance and
repair, and billing functions supported by CenturyLink's databases and
information. The OSS element includes access to all Local Loop qualification
information contained in CenturyLink's databases or other records, including
information on whether a particular Local Loop is capable of providing Advanced
Services.
69. USE OF UNES
69.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law,
CenturyLink will provide CenturyLink Communications LLC,with
nondiscriminatory access to the UNEs made available in accordance with the
terms and conditions of this Agreement. CenturyLink will provide access to
UNEs where technically feasible.
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69.2 Subject to the terms and conditions of this Article, CenturyLink Communications
LLC,may order each such UNE individually or, to the extent permitted by
Applicable Law, in Combination with other CenturyLink Network Elements or
UNEs (Combinations) in order to permit CenturyLink Communications LLC,to
provide Telecommunications Services to its End Users, Except as provided
elsewhere in this Agreement, it is CenturyLink Communications LLC,'s obligation
to combine CenturyLink provided UNEs with any and all facilities and services
whether provided by CenturyLink, CenturyLink Communications LLC,or any other
party. CenturyLink Communications LLC,may commingle UNEs with Wholesale
Services or Tariffed access services obtained from CenturyLink as provided for in
this Agreement. UNEs provided to CenturyLink Communications LLC,under the
provisions of this Agreement remain the property of CenturyLink.
69.3 Non-impaired Wire Centers
69.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier
2 Wire Centers and those Wire Centers which exceed the thresholds for
DSI and DS3 Loops, as described in this Article, are listed on
CenturyLink's website.
69.3.2 lf CenturyLink Communications LLC,has any DSI and DS3 UNEs
previously in service which CenturyLink is not required to unbundle by
virtue of Tier 1 and Tier 2 Wire Center designations, or because the Wire
Centers exceed the thresholds for DS1 Loops or DS3 Loops, as identified
on CenturyLink's website, such UNEs must be immediately converted to
an alternative service arrangement, and CenturyLink Communications
LLC,is subject to back billing for the difference between the UNE rate and
the rates for the comparable access service arrangements back to either
the date the UNE service was installed or the date the service became
non-impaired, whichever is shorter. lf Centurylink Communications
LLC,fails to promptly submit the necessary orders to convert and
complete the transition of such UNEs to alternative service arrangements,
CenturyLink will be entitled to convert the UNEs to comparable Access
Services at applicable monthly services rates, Centurylink will assess
and CenturyLink Communications LLC,agrees to pay an appropriate non-
recurring charge per circuit for the work performed by CenturyLink on
behalf of CenturyLink Communications LLC,.
69,3.3 lf CenturyLink identifies Wire Centers in addition to those currently listed
on CenturyLink's website that exceed the applicable FCC impairment
thresholds as found within the terms of this Article, or if the Wire Centers
previously designated as unimpaired change classifications based upon
the thresholds found within this Article, then the following provisions shall
be applicable;
a. CenturyLink will provide CenturyLink Communications LLC,notice
in accordance with the notice provisions of this Agreement and
CenturyLink will also post such information on its website.
b. CenturyLink Communications LLC,will not order new DS1, DS3
and Dark Fiber UNE Loops/Transport for the newly identified or
reclassified Wire Centers beginning thirty (30) Days after the date
of the notice. lf any carrier has disputed a Wire Center
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designation and the dispute was resolved by the Commission, the
Parties will abide by the Commission's decision.
CenturyLink Communications LLC,must submit the necessary
orders to convert any UNEs which CenturyLink is no longer
required to provide as a result of the addition or reclassification of
such Wire Centers to an alternative service arrangement within
sixty (60) Days of the above notice date, (except for Dark Fiber
UNES which shall be subject to the transition period specified in
the following paragraph) and CenturyLink Communications LLC,is
subject to back billing for the difference between the UNE rate and
the rates for the comparable Access Service arrangements to a
date which is sixty (60) Days after the date of the notice identifying
such new or reclassified Wire Centers. lf CenturyLink
Communications LlC,fails to submit the necessary orders before
the end of sixty (60) Days from the above notice date, CenturyLink
will be entitled to convert the UNEs to comparable AccessServices. CenturyLink will assess, and CenturyLink
Communications LLC,also agrees to pay, an appropriate non-
recurring charge per circuit for the work performed by CenturyLink
on behalf of Centurylink Communications LLC,.
CenturyLink Communications LLC,must begin negotiations to
disconnect or convert to an alternative service any Dark Fiber
UNEs which CenturyLink is no longer required to provide as a
result of the addition or reclassification of such Wire Centers
within sixty (60) Days of the above notice date, and CenturyLink
Communications LlC,shall be subject to back billing at a rate
which is applicable to the alternative service, or if no alternative
service is arranged, then at a rate which is equal to the highest
special access dedicated transport rate available under
CenturyLink's tariffs. Should the Parties not come to agreement
on a transition plan to convert such non-impaired Dark Fiber
UNEs, CenturyLink may disconnect such dark fiber six (6) months
after the above notice date.
69.4 CenturyLink Communications LLC,may use Network Elements provided under
this Agreement for any Telecommunications Service subject to the conditions
listed below. By placing an order for UNEs, CenturyLink Communications
LLC,certifies that these requirements are met.
69,4.1 Any combination of the following, where both are provided by
CenturyLink, are subject to the EEL use restrictions in this Agreement.
Such restrictions apply irrespective of the manner in which the Local
Loops and transport are combined.
high capacity Local Loops (DS1, DS3), to the extent available, and
special access transport (a commingled facility); or
special access channel terminations (DS1, DS3) and Dedicated
Transport (DS1, DS3), to the extent available (a commingled
facility); or
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c. high capacity Local Loops (DS1, DS3) and Dedicated Transport
(DS1, DS3).
69.4.2 CenturyLink Communications LLC,may not order or use a UNE for the
exclusive provision of Mobile Wireless Service. Facilities connecting
CenturyLink's network and CMRS carriers' networks do not qualify as
UNEs and will not be available to CenturyLink Communications LLC,as
UNEs. CenturyLink Communications LLC,may not order or use a UNE
for the sole purpose of selling it to another carrier for the exclusive
provision of Mobile Wireless Service.
69.4.3 CenturyLink Communications LLC,may not order or use a UNE for the
exclusive provision of lnterexchange Services, or long distance services.
Facilities connecting CenturyLink's network and lnterexchange Carriers'
networks used by the lnterexchange Carrier to provide such services to
End Users do not qualify as UNEs and will not be available to
CenturyLink Communications LLC,as UNEs.CenturyLink
Communications LLC,may not order or use a UNE for the sole purpose of
selling it to another carrier for lnterexchange Services.
69.4.4 CenturyLink Communications LLC,may not order or use a UNE for
CenturyLink Communications LLC,'s own use, administrative or
otherwise.
69.4.5 An lnformation Service is not an eligible telecommunications service
except that CenturyLink Communications LLC,can use unbundled Local
Loops to provide xDSL services in accordance with this Agreement.
70. INDIVIDUAL GASE BASIS PRICING
70.1 lndividual Case Basis (lCB) pricing will be provided by CenturyLink upon request
from CenturyLink Communications LLC,for customer specific rates or terms for
network services and features for UNEs that are not otherwise provided for in this
Agreement. The BFR process in Section 52 must be followed in connection with
such requests.
70.2 CenturyLink will process ICB Pricing requests upon receipt from CenturyLink
Communications LLC,. CenturyLink will provide CenturyLink Communications
LLC,a price quote within thirty (30) Business Days from the receipt of the request
or will provide notification regarding the expected date for the quote. Price quote
intervals may vary depending upon the complexity of the request.
71. NETWORK INTERFACE DEVICE
71.1 Apart from its obligation to provide the existing Network lnterface Device (NlD)
functionality as part of an unbundled Local Loop or subloop, Centurylink also will
provide nondiscriminatory access to either side of the NID on an unbundled
basis. Subject to this Section and its subsections, CenturyLink shall provide
access to the existing NID as a UNE under the following terms and conditions.
Rates and charges applicable to UNE NlDs are set forth in Table 1.
71.2 Under no circumstances shall CenturyLink Communications LLC,connect to
either side of the NID or to the End User's lnside Wiring unless the CenturyLink
network is first properly disconnected from the End User's lnside Wiring as set
forth in this Article.
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71.3 Except in multi-unit tenant properties where CenturyLink owns and maintains
control over inside wire within a building, maintenance and control of the End
User's inside wiring (i.e., on the End User's side of the Demarcation Point) is
under the control of the End User. Conflicts between telephone service providers
for access to the End User's inside wire on the End User's side of the
Demarcation Point must be resolved by the End User.
71.4 CenturyLink Communications LLC,may obtain unbundled access to the NID on
CenturyLink's network side or the End User Access side on a stand-alone basis
to permit CenturyLink Communications LLC,to connect its own loop facilities to
the premises wiring. CenturyLink Communications LLC,may not connect to the
End User Access side of the NID except as a UNE in accordance with these
terms.
71.5 CenturyLink Communications LLC,may elect to disconnect CenturyLink's Local
Loop from the NID on the Customer Access side of the NlD, but CenturyLink
Communications LLC,shall not perform any disconnect on the network side of the
NlD. CenturyLink, at the request of CenturyLink Communications LLC,will
disconnect the CenturyLink Local Loop from the NID or will arrange access to the
network side of the NID for any purpose. The charges reflected in Table 1 will
apply to any CenturyLink dispatch for any purpose initiated at CenturyLink
Communications LLC,'s request.
71.6 CenturyLink Communications LLC,shall maintain a connection to ground on its
network that meets applicable industry standards. ln the case of a NID{o-NID
connection, each Party shall ground its NID independently of the other party's
NID.
71.7 With respect to multiple dwelling units or multiple-unit business premises,
CenturyLink Communications LlC,shall have the option of connecting directly
with the End User's premises wire, or may connect with the End User's premises
wire via CenturyLink's NlD. CenturyLink will provide CenturyLink
Communications LLC,with information that will enable its technician to locate End
User premises wiring at NlDs that terminate multiple subscribers. CenturyLink
will dispatch a technician and tag the wiring at CenturyLink Communications
LLC,'s request.
71.8 Any repairs, upgrade and/or rearrangements to the NID requested or required by
CenturyLink Communications LLC,will be performed by CenturyLink based on
the Stand Alone NID Charges set out in Table 1.
71.9 CenturyLink will make available to CenturyLink Communications LLC,any
existing installed NID at the time CenturyLink Communications LLC,seeks
lnterconnections to such NID to serve an End User. CenturyLink shall be under
no obligation to install a new NID in order to enable CenturyLink Communications
LLC,to interconnect to such NlD.
71.10 CenturyLink Communications LlC,shall not access, remove, disconnect or in any
other way rearrange CenturyLink's loop facilities from CenturyLink's NlDs,
enclosures or protectors. CenturyLink Communications LLC,shall not attach to,
remove or disconnect ground wires from CenturyLink's NlDs, enclosures or
protectors. CenturyLink Communications LlC,shall not remove or disconnect
NID modules, protectors or terminals from CenturyLink's NID enclosures.
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71.11 CenturyLink Communications LLC,may access the End User side of a
CenturyLink NID for the purpose of disconnecting and capping off the End User's
premises wiring or removing the End User's premises wiring for connection to
CenturyLink Communications LLC,'s NID without incurring a charge from
CenturyLink. Any access to the End User's side of a CenturyLink NID that
involves the insertion of or use of any wiring owned or provided by CenturyLink
Communications LLC,in making a connection of any type to the End User
premises wiring or to any CenturyLink NID functionality, including a NID to NID
connection, shall be considered a billable use of the CenturyLink NID as a UNE.
71.12 CenturyLink Communications LLC,may request any additional types of access to
the NID not specifically referenced above. CenturyLink will consider the
requested type of access via the BFR process set forth in this Agreement.
71.13 CenturyLink Communications LlC,shall be liable to CenturyLink for any damage
to a CenturyLink NID caused by improper or unauthorized use of CenturyLink's
NID by CenturyLink Communications LLC,. ln addition to any monetary
damages that CenturyLink may be entitled to recover as a result of such
damages, CenturyLink shall also be entitled to seek injunctive relief to prevent
further NID damages. Such damages may include but are not limited to dispatch
charges, NID replacement costs and network reconnections and repairs.
72.LOOP
72.1 Subject to Section 72 and its subsections, CenturyLink will provide Centurylink
Communications LLC,access to UNE Loops under the following terms and
conditions. Rates and charges applicable to UNE Loops are set forth in Table 1.
To the extent required by Applicable Law, CenturyLink will make available the
UNE Local Loops set forth below between a distribution frame (or its equivalent)
in a CenturyLink Central Office and the Local Loop Demarcation Point at an End
User's premises, The UNE Local Loop will include any existing NlD. The Parties
acknowledge and agree that CenturyLink shall not be obligated to provision any
of the UNE Local loops provided for herein to cellular sites or any location that
does not constitute an End User premises. Subject to the restrictions of Section
72.11.2, UNE Loops includes all wire within multiple dwelling and tenant
buildings and campuses that provides access to End User premises wiring,
provided such wire is owned and controlled by CenturyLink.
72.1.1 The Local Loop UNE includes, but is not limited to, copper UNE Loops (2-
wire and 4-wire analog voice grade Copper Loops, and digital Copper
UNE Loops), and, to the extent required by Applicable Law, DSI Loops
and DS3 Loops, where such Loops are deployed in CenturyLink Wire
Centers. CenturyLink Communications LLC,agrees to operate each UNE
Loop type within applicable technical standards and parameters.
72.1.2 Terms and conditions for making any network modifications resulting from
CenturyLink Communications LLC,'s request for Local Loops, including
replacement or upgrade of any existing NlD, are contained in Section 80.
72.1.3 Loop Conditioning. Conditioned loops are Local Loops, from which
excessive bridge taps, load coils, low-pass filters, range extenders, and
similar devices have been removed to enable the delivery of high-speed
switched wireline telecommunications capability, including DSL.
CenturyLink will condition Local Loops at Centurylink Communications
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LLC,'s request and will assess charges for loop conditioning in
accordance with the prices listed in Table 1. CenturyLink recommends
that CenturyLink Communications LLC,utilize the Loop Make-Up process
in Section 74 prior to submitting orders for loops intended for Advanced
Services,
72.1.4 Tag and Label. At CenturyLink Communications LLC,'s request,
CenturyLink will tag and label unbundled Local Loops at the Network
lnterface Device (NlD). Tag and label may be ordered simultaneously
with the ordering of the Loop or as a separate service subsequent to the
ordering of the Loop.
a. CenturyLink will include the following information on the label:
order number, due date, CenturyLink Communications LLC,name,
and the circuit number.
b. CenturyLink Communications LLC,must specify on the order form
whether each Loop should be tagged and labeled.
c. The rates for Loop tag and label and related services are set forth
on Table 1. A trip charge may be billed in addition to the Tag and
Label charges.
72.2 Loop Testing. At CenturyLink Communications LLC,'s request, and if Technically
Feasible, CenturyLink will test and report trouble on conditioned loops for all of
the line's features, functions, and capabilities, and will not restrict its testing to
voice-transmission only. To the extent CenturyLink Communications
LLC,requests testing that would require CenturyLink to purchase new equipment,
establish new procedures, or make systems modifications, CenturyLink
Communications LLC,will compensate CenturyLink for costs incurred to provide
such testing. Request for additional testing must be submitted pursuant to the
BFR Process in Article lV.
72.2.1 CenturyLink Communications LLC,agrees to follow the process and
procedures for reporting and resolving circuit trouble or repairs set forth in
the Standard Practices published on the CenturyLink Website. Before
contacting CenturyLink's Trouble Maintenance Center (CTMC),
CenturyLink Communications LLC,must first conduct trouble isolation to
ensure that the trouble does not originate from CenturyLink
Communications LLC,'s own equipment or network or the equipment of
CenturyLink Communications LLC,'s customer.
72.2.2 Testing shall include Basic Testing, Optional Cooperative Testing and
Joint Testing. Optional Cooperative Testing and Joint Testing are
performed only at CenturyLink Communications LLC,'s request and at
CenturyLink Communications LLC,'s cost.
72.2.3 Basic Testing shall include simple metallic measurements only. Basic
Testing does not include cooperative or joint testing efforts that require
CenturyLink's technician to work jointly with CenturyLink Communications
LLC,.
72.2.4 Cooperative Testing is provided on Service Order activity only and will be
provided by CenturyLink at CenturyLink Communications LLC,'s expense.
Loops involving multiplexing, and IDSL Loops or Sub-loops that are
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provisioned through repeaters or digital loop carriers, prohibit the reading
of a short or open circuit.
72.2.5 Joint Testing is provided at CenturyLink Communications LLC,'s request
on maintenance activity only and will be provided by CenturyLink at
CenturyLink Communications LLC,'s expense. Loops involving
multiplexing, and IDSL Loops or Sub-loops that are provisioned through
repeaters or digital loop carriers, prohibit the reading of a short or open
circuit.
72.2.6 For either Cooperative Testing or Joint Testing, CenturyLink technicians
will try to contact CenturyLink Communications LLC,'s representative to
initiate Joint Testing after completing the requested activity. lf
CenturyLink Communications LLC,does not respond within three (3)
minutes, CenturyLink may, in its sole discretion, continue its attempts to
contact CenturyLink Communications LLC,'s representative, and bill
CenturyLink Communications LLC,in increments of fifteen (15) minutes
for the technician's time for so long as such efforts continue, or
CenturyLink may abandon the test and CenturyLink Communications
LLC,will be charged for the test and any additional technician time
involved (beyond the initial 3 minutes) at the rates set forth in Table 1.
72.2.7 CenturyLink will charge CenturyLink Communications LLC,at the rates set
forth on Table 1, when the location of the trouble on a CenturyLink
Communications LlC,-reported ticket is determined to be in CenturyLink
Communications LLC,'s network or on the CenturyLink Communications
LLC,End User's side of the Demarcation Point.
72.3 Analog Loops. The following types of analog Local Loop UNEs will be provided
at the rates, terms, and conditions set out in this Article and in Table 1.
72.3.1 2-Wire Analog Loop. A "2-Wire Analog Loop" is a transmission facility
which supports analog voice frequency, voice band services with loop
start or ground start signaling within the frequency spectrum of
approximately 300 Hz and 3000 Hz.
72.3.2 4-Wire Analog Loop. A "4-Wire Analog Loop" is a transmission facility
that provides a non-signaling voice band frequency spectrum of
approximately 300 Hz to 3000 Hz. The 4-Wire Analog Loop provides
separate transmit and receive paths.
72.3.3 CenturyLink will provide analog Loops as Copper Loops, Hybrid Loops,
and where required by Applicable Law, FTTH Loops and FTTC Loops,
based on available facilities.
72.4 xDSL Loops
72.4.1 Pursuant to the terms and conditions contained in this Article,
CenturyLink Communications LLC,may order xDSL-capable loops and/or
line conditioning for Copper Loops in order to render such loops capable
of transmitting the digital signals needed to provide Digital Subscriber
Line services (DSL).
72.4.2 Upon request, CenturyLink shall provide to CenturyLink Communications
LLC,.
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a. information with respect to the spectrum management procedures
and policies that CenturyLink uses in determining which services
can be deployed;
b. information with respect to the rejection of CenturyLink
Communications LLC,'s provision of Advanced Services, together
with the specific reason for the rejection; and
c. information with respect to the number of loops using Advanced
Services technology within the binder and type of technology
deployed on those loops.
72.4.3 When CenturyLink Communications LlC,orders an xDSL Loop or Digital
Subloop that will be used to provide xDSL service, CenturyLink
Communications LLC,will use the applicable ordering code where one
has been provided by CenturyLink. Where an applicable ordering code
has not been provided by CenturyLink, CenturyLink Communications
LLC,will note that the loop or subloop will be used to provide an xDSL
service in the "Remarks" section of the Local Service Request (LSR). ln
connection with the provision of Advanced Services, CenturyLink
Communications LLC,shall provide to CenturyLink the following
information on the type of technology that CenturyLink Communications
LLC,seeks to deploy.
a. information in writing (via the Service Order) regarding the
Spectrum Management Class (SMC), as defined in the
T1E1.412000-002R2 Draft, of the desired loop so that the loop
and/or binder group may be engineered to meet the appropriate
spectrum compatibility requirements;
b. the SMC (i.e., PSD mask) of the service it seeks to deploy, at the
time of ordering and if CenturyLink Communications LLC,requiresa change in the SMC of a particular loop, Centurylink
Communications LlC,shall notify CenturyLink in writing of the
requested change in SMC (via a Service Order).
c. to the extent not previously provided CenturyLink Communications
LLC,must disclose to CenturyLink every SMC that CenturyLink
Communications LLC,has implemented on CenturyLink's facilities
to permit effective Spectrum Management.
d. Where CenturyLink Communications LLC,relies on a calculation-
based approach to support deployment of a particular technology,
CenturyLink Communications LLC,must provide CenturyLink with
information on the speed and power at which the signal will be
transmitted.
72.5 Reverse ADSL Loops.lf CenturyLink Communications LLC,'s ADSL
Transmission Unit (including those integrated into DSLAMS) is attached to
CenturyLink's Network and if an ADSL Copper Loop should start at an outside
location, and is looped through a Host or Remote, and then to the subscriber, the
copper plant from the outside location to the CenturyLink Host or Remote central
office must be a facility dedicated to ADSL transmission only and not part of
CenturyLink's regular feeder or distribution plant.
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72.6 Digital Loops. The following types of digital Local Loop UNEs will be provided at
the rates, terms, and conditions set out in this Article and in Table 1: On digital
Loops, CenturyLink will only provide testing for electrical continuity and line
balance.
72.6.1 z-Wire Digital Loop. A "2-tffire Digital UNE Loop" is a transmission facility
which supports Basic Rate ISDN (BRl) digital exchange services. The 2-
Wire Digital Loop will be provisioned in accordance with industry
standards.
72.6.2 A DS1 UNE Loop provides a digital transmission facility from a
CenturyLink Central Office to an End User's premises and having
bandwidth up to 1.544 Mbps. DS1 UNE Loops will be offered and/or
provided pursuant to 72.8 below.
72.6.3 DS3 UNE Loop provides a digital transmission facility from a Centurylink
Central Office to an End User's premises and having bandwidth up to 45
Mbps. DS3 UNE Loops will be offered and/or provided pursuant to 72.9
below.
72.6.4 CenturyLink shall employ industry accepted standards and practices to
maximize binder group efficiency through analyzing the interference
potential of each loop in a binder group, assigning an aggregate
interference limit to the binder group, and then adding loops to the binder
group until that limit is met. Disputes regarding the standards and
practices employed in this regard shall be resolved through the Dispute
Resolution Process set forth in Article ll of this Agreement.
72.7 Non-Standard Digital Loops. lf CenturyLink Communications LlC,requests a
digital Loop, for which the effective loop length exceeds the xDSL standard of 18
kft (subject to gauge design used in an area), CenturyLink will only provide a
Non-Standard Digital Loop. Additional non-recurring charges for conditioning willapply. Non-Standard Digital Loops will not be subject to performance
measurements or technical specifications, however, all of the SMC requirements
set forth in this SectionT2 are applicable.
72.8 DS1 Loops
72.8.1 Subject to the cap in Section 72.8.2, CenturyLink will provide CenturyLink
Communications LlC,nondiscriminatory access to a DS1 Loop on an
unbundled basis to any building not served by a Wire Center with at least
60,000 Business Lines and at least four Fiber-based Collocators. Once a
Wire Center exceeds both of these thresholds, no DS1 Loop unbundling
will be required in that Wire Center and CenturyLink Communications
LlC,agrees to cease ordering DS1 UNE Loops in that Wire Center.
72.8.2 ln Wire Centers not listed on CenturyLink's website, CenturyLink
Communications LLC,shall not be entitled to obtain more than ten (10)
DS1 UNE Loops to any single building. Accordingly, CenturyLink
Communications LLC,will cease ordering DS1 UNE Loops once
CenturyLink Communications LLC,has obtained ten (10) DS1 UNE loops
at any single building.
72.8.3 Where CenturyLink is not required to provide DS1 UNE Loops pursuant
to Sections 72.8.1 and72.8.2, CenturyLink Communications LLC,may not
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obtain new DS1 loops as UNEs, and any DSI UNE Loops in excess of
the limits described in this Section may be converted by CenturyLink to
SpecialAccess.
72.9 DS3 Loops
72.9.1 Subject to the cap described in Section 72.9.2, CenturyLink shall provide
CenturyLink Communications LLC,with nondiscriminatory access to a
DS3 UNE Loop to any building not served by a Wire Center with at least
38,000 Business Lines and at least four Fiber-based Collocators. Once a
Wire Center exceeds both of these thresholds, no future DS3 loop
unbundling will be required in that Wire Center and CenturyLink
Communications LLC,agrees to cease ordering DS3 UNE Loops and to
convert existing DS3 UNE Loops to an alternative service. The Wire
Centers that meet these requirements as of the date of this Agreement
are listed on CenturyLink's website.
72.9.2 ln Wire Centers not listed on CenturyLink's website, CenturyLink
Communications LLC,may obtain a maximum of one (1) unbundled DS3
loop to any single building in which DS3 loops are available as unbundled
Local Loops. Accordingly, Centurylink Communications LLC,will cease
ordering DS3 UNE Loops once CenturyLink Communications LLC,has
obtained one DS3 UNE loop at any single building.
7210 Hybrid Loops. CenturyLink will provide Centurylink Communications
LLC,access to Hybrid Loops for the provision of narrowband services as provided
below.
72.10.1 When CenturyLink Communications LlC,requests access to a
Hybrid Loop for the provision of narrowband services, CenturyLink may
elect to provide CenturyLink Communications LLC,nondiscriminatory
access either to an entire Hybrid Loop capable of voice grade services
(i.e., equivalent to DSO capacity) using time division multiplexing, or to a
spare Copper Loop serving that customer on an unbundled basis.
CenturyLink shall not be required to provide CenturyLink Communications
LlC,unbundled access to the Packet Switched features, functions and
capabilities of a Hybrid Loop.
72.11 FTTH and FTTC Loops
72.11.1 New builds. CenturyLink will not provide CenturyLink
Communications LLC,with non-discriminatory access to a FTTH or FTTC
loop on an unbundled basis when CenturyLink deploys such loop to an
End User's premises that previously has not been served by any loop
facility.
72.1'1.2 Overbuilds. CenturyLink will not provide CenturyLink
Communications LLC,non-discriminatory access to a FTTH or FTTC loop
on an unbundled basis when CenturyLink has deployed such a loop in
parallel to, or in replacement of, an existing Copper Loop facility, except
that:
a. CenturyLink will maintain the existing Copper Loop connected to
the particular End User's premises after deploying the FTTH or
FTTC loop and provide Centurylink Communications LLC,non-
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discriminatory access to that copper loop on an unbundled basis,
unless CenturyLink retires the Copper Loop pursuant to 47 C.F.R.
551.319 (aX3Xiv). CenturyLink is not required to incur any
expenses to ensure that the existing Copper Loop remains
capable of transmitting signals prior to receiving a request from
CenturyLink Communications LLC,for such loop. Once a request
for the loop is received, CenturyLink will restore the copper loop to
serviceable condition based upon CenturyLink Communications
LLC,'s request and at CenturyLink Communications LLC,'s
expense.
b. lf CenturyLink retires a Copper Loop pursuant to 47 C.F.R.
S51.319 (a)(3)(iv), CenturyLink will provide CenturyLink
Communications LLC,non-discriminatory access to one 64 kilobits
per second transmission path capable of voice grade service over
the FTTH or FTTC loop on an unbundled basis.
72.12 Dark Fiber Loops. CenturyLink is not required to provide CenturyLink
Communications LLC,with access to Dark Fiber Loops on an unbundled basis.
72.13 Sub-Loops. A subloop is defined as a portion of the full Local Loop that is
technically feasible to access at an access terminal on CenturyLink's outside
transmission facilities. An access terminal is any point on the loop where
technicians can access the wire or fiber within a cable without removing the
splice case or outer sheath (e.9., accessed via screw posts, terminals, patch
panels). To the extent they meet the above definition, such points may include a
pole or drop pedestal, the serving area interface, or the network interface device,.
Available subloops are:
72.13.1 Feeder: a transmission path between the MDF in any type of
CenturyLink switch Premises and a subtending FDI or functional
equivalent. CenturyLink is not obligated to offer feeder sub-loops as a
UNE.
72.13.2 Distribution subloop: a transmission path between an FDI or its
functional equivalent and an available access terminal at or near a
subtending End User premises.
72.13.3 Multi-unit premises wiring subloop: a transmission path between a
CenturyLink terminal at or near a multiunit premises, such as a pole or
pedestal, the NlD, or the minimum point of entry, and the End User
Demarcation Point, including inside wire that is owned or controlled by
CenturyLink at a multiunit customer premises.
a. CenturyLink will not provide or maintain inside wire in situations
where it determines there are health or safety concerns in doing
so.
CenturyLink will consider all requests for access to subloops
through the collocation application process due to the wide variety of
Interconnections available. A written response will be provided to
CenturyLink Communications LLC,covering the lnterconnection time
intervals, prices and other information through the use of the collocation
application process.
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72.13.5 Except as may otherwise be expressly provided under Applicable
Law, CenturyLink shall not be required to provide CenturyLink
Communications LLC,access to dark fiber subloops.
72.13.6 The UNE subloop will include any existing NlD. Terms and
conditions for making any network modifications resulting from
CenturyLink Communications LLC,'s request for subloops, including
replacement or upgrade of any existing NlD, are contained in Section 80.
72.13.7 Copper Subloops. CenturyLink will provide CenturyLink
Communications LLC,with access to copper sub-loops on an unbundled
basis. A copper subloop is a portion of a Copper Loop, or Hybrid Loop,
and is comprised entirely of copper wire or copper cable. A copper
subloop can also include intermediate devices, such as repeaters, used
to establish the transmission path. Copper subloops can be used by
CenturyLink Communications LLC,to provide voice-grade services as well
as digital subscriber line services.
72.13.8 Fiber Subloops. On a route where CenturyLink is required by lawto provide CenturyLink Communications LLC,with non-discriminatory
access to a FTTH or FTTC loop, CenturyLink Communications LLC,may
also request a subloop consisting of a single 64 kilobits per second
transmission path capable of voice grade service over the FTTH or FTTC
loop.
72.13.9 Deployment of Advanced Services by CenturyLink
Communications LLC,over subloops will be in accordance with the terms
included in Section 72.4.3.
73. INTENTIONALLY LEFT BLANK
74. LOOP MAKE.UP INFORMATION
74.1 At the request of CenturyLink Communications LlC,CenturyLink will provide
CenturyLink Communications LLC,with nondiscriminatory access to its Loop
Make-Up lnformation as it exists in CenturyLink database and records. The
charges for Loop Make-Up lnformation are set forth in Table 1 to this Agreement.
74.2 CenturyLink shall provide Loop Make-Up lnformation based on the individual
telephone number or address of an End User in a particular Wire Center or NXX
code. Loop Make-Up lnformation requests will be rejected if the service address
is not found within existing serving address information, if the telephone number
provided is not a working number or if the POI identified is not a POI where the
requesting CenturyLink Communications LlC,connects to the CenturyLink LTD
network.
74.3 Errors identified in validation of the Loop Make-Up lnformation inquiry order will
be returned to CenturyLink Communications LLC,.
74.4 CenturyLink may provide the requested Loop Make-Up lnformation to
CenturyLink Communications LLC,in whatever manner CenturyLink would
provide to their own internal personnel, without jeopardizing the integrity of
proprietary information (i.e., fax, intranet inquiry, document delivery, etc.). lf the
data is provided via fax, Centurylink Communications LLC,must provide a
unique fax number used solely for the receipt of Loop Make-Up lnformation.
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74.5 lf CenturyLink Communications LLC,does not order Loop Make-Up lnformation
prior to placing an order for a loop for the purpose of provisioning of an advanced
service and the advanced service cannot be successfully implemented on that
loop, CenturyLink Communications LLC,agrees that:
74.5.1 CenturyLink Communications LLC,will pay a Trouble lsolation Charge to
determine the cause of the failure;
74.5.2 lf CenturyLink undertakes Loop Make-Up lnformation activity to determine
the reason for such failure, CenturyLink Communications LLC,will pay a
Loop Make-Up lnformation Charge; and
74.5.3 lf CenturyLink undertakes Conditioning activity for a particular loop to
provide for the successful installation of Advanced Services, CenturyLink
Communications LLC,will pay applicable conditioning charges. All
charges will be as set forth in Tablel.
75. LOCAL CIRCUIT SWITCHING
75.1 CenturyLink is not required to provide access to local circuit switching on an
unbundled basis.
76. DEDICATED TRANSPORT
76,1 CenturyLink shall provide CenturyLink Communications LLC,with
nondiscriminatory access to Dedicated Transport on an unbundled basis, as set
forth in this Agreement.
76.1.1 Subject to the limitations set forth in Sections 76.3 and 76.4, UNE
Dedicated Transport will be provided only where such facilities are
Currently Available at the time of CenturyLink Communications LLC,'s
request, and only over routes where CenturyLink is required to make
UNE Dedicated Transport available pursuant to Applicable Law.
76.1.2 Notwithstanding any other provision of this Agreement, CenturyLink is not
obligated to provide CenturyLink Communications LLC,with unbundled
access to Dedicated Transport that does not connect a pair of
CenturyLink's Wire Centers.
76.2 Subject to availability and the limitations in this Section, CenturyLink will provide
UNE Dedicated Transport only at the following digital signal speeds: DS1 (1.544
Mbps) and DS3 (44.736 Mbps). UNE Dedicated Transport shall be dedicated to
CenturyLink Communications LLC,'s designated traffic.
76.3 DS1 Dedicated Transport. CenturyLink will provide DS1 Dedicated Transport
between any pair of CenturyLink Wire Centers that are classified as Tier 2 or Tier
3 on one or both ends of the route. CenturyLink Communications LLC,may
obtain a maximum of ten (10) DSI Dedicated Transport circuits on each route
where DS1 Dedicated Transport is available on an unbundled basis.
76.3.1 Where CenturyLink is not required to provide DS1 Dedicated Transport
pursuant to Sections 69 and 76, CenturyLink Communications LLC,may
not obtain new DS1 Dedicated Transport as unbundled Network
Elements.
76.4 DS3 Dedicated Transport. DS3 Dedicated Transport shall be made available to
CenturyLink Communications LLC,on an unbundled basis as set forth below.
DS3 Dedicated Transport consists of CenturyLink interoffice transmission
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facilities that have a total digital signal speed of 44.736Mbps and are dedicated
to a particular customer or carrier.
76.4.1 CenturyLink will provide DS3 Dedicated Transport between any pair of
CenturyLink Wire Centers that are classified as Tier 2 and Tier 3 on one
or both ends of the route. CenturyLink Communications LLC,may obtain
a maximum of twelve (12) unbundled DS3 Dedicated Transport circuits
on each route where DS3 Dedicated Transport is available on an
unbundled basis.
76.4.2 Where CenturyLink is not required to provide DS3 Dedicated Transport
pursuant to Sections 69 and 76, CenturyLink Communications LLC,may
not obtain new DS3 Dedicated Transport.
76.4.3 Any DS3 Dedicated Transport service provided to CenturyLink
Communications LLC,that CenturyLink is not obligated to unbundle
pursuant to Sections 69 and 76, shall be subject to the following:
a. Such DS3 Dedicated Transport must be converted to an
alternative service arrangement within thirty (30) Days of the
Effective Date of this Agreement. lf CenturyLink Communications
LLC,fails to convert and complete the transition of such DS3
Dedicated Transport to an alternative service arrangement within
thirty (30) Days of the Effective Date of this Agreement,
CenturyLink will convert the DS3 Dedicated Transport to
comparable Access Services. CenturyLink will assess the
conversion charge and management fee in Table 1 per conversion
for the work performed by CenturyLink on behalf of CenturyLink
Communications LLC,and CenturyLink Communications
LLC,agrees to pay the charges and fees assessed.
77. DARK FIBER TRANSPORT
77.1 Dark Fiber is an existing fiber facility that has not been activated through
connection to the optronics that "light" it and render it capable of carrying a
Telecommunications Service. Dark Fiber is unlit optic cable that is deployed
within CenturyLink's network.
77.2 CenturyLink shall provide access to unbundled Dark Fiber Transport under the
following terms and conditions. Availability, rates and charges applicable to Dark
Fiber Transport will be provided through the BFR process.
77.3 CenturyLink shall unbundle Dark Fiber Transport only when either CenturyLink
Wire Center defining the route is a Tier 3 Wire Center.
77.3.1 Where CenturyLink is not required to provide unbundled Dark Fiber
Transport, CenturyLink Communications LLC,may not obtain new Dark
Fiber Transport as a UNE.
77.3.2 Maintenance and Testing
a. Centurylink is only responsible for maintaining the facilities that it
owns. Dark Fiber will be provided as is. No conditioning will be
offered, and CenturyLink will not be required to condition Dark
Fiber on CenturyLink Communications LLC,'s behalf.
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b. CenturyLink is not responsible for determining whether the
transmission characteristics of the Dark Fiber will accommodate
CenturyLink Communications LLC,requirements.
c. CenturyLink does not guarantee that the transmission
characteristics of the Dark Fiber will remain unchanged over time.
CenturyLink agrees to conduct cooperative testing withCenturyLink Communications LLC,at CenturyLink
Communications LLC,s request and cost. Cost for the tests will
be determined at the time of the testing request.
77.3.3 Dark Fiber Availability
a. Dark fiber requests will be handled on a first come, first served
basis, based on the date the BFR Application is received.
Spare fibers in a sheath ate not considered available if
CenturyLink has plans to put the fiber in use within the current
year or the following year.
CenturyLink will also maintain fibers to facilitate maintenance,
rearrangements and changes. CenturyLink will generally reserve
eight percent (8%) of fibers in a sheath for maintenance, subject
to a minimum of four (4) fibers and a maximum of seventy two
(72) fibers.
Defective fibers, if any, will be deducted from the total number of
spare fibers that would otherwise be available.
Fibers assigned to any carrier that are still pending optronics
installations will be deducted from the total number of spare fibers
that would otherwise be available.
77.3.4 Access to Dark Fiber Transport
Virtual and Physical Collocation arrangements may be used by
Centurylink Communications LLC,to locate the optical equipment
necessary to "light" leased Dark Fiber. On routes where
CenturyLink is required to unbundle Dark Fiber Transport
pursuant to Section 77.3, CenturyLink will only provide
CenturyLink Communications LLC,access to such Dark Fiber
Transport where CenturyLink Communications LLC,has
Collocation space, leased as provided in Article lX, in each
CenturyLink Central Office or Wire Center where the requested
Dark Fiber Transport fibe(s) terminates.
At CenturyLink Central Offices, Dark Fiber Transport terminates
on a fiber distribution frame (or its equivalent) in the Central
Office. The demarcation point for Dark Fiber Transport at Central
Offices and remote terminals will be in a CenturyLink-approved
Splitter shelf or fiber patch panel. This arrangement allows for
non-intrusive testing.
lf fiber patch panels (FPPs) or Splitter shelves are not located
within close enough proximity for a fiber patch cord, CenturyLink
Communications LLC,must submit a BFR for the purchase and
installation of intraoffice cabling. This paragraph needs review.
b.
d.
b.
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d. Establishment of applicable fiber optical equipment or
intermediate repeaters needed to power the unbundled Dark Fiber
Transport in order to carry Telecommunications Services is the
responsibility of CenturyLink Communications LLC,.
77.3.5 Dark Fiber Transport Application and Ordering Procedure
a. CenturyLink Communications LLC,will submit a Dark Fiber
Application (DFA) and application fee to request that CenturyLink
determine the availability of Dark Fiber Transport between the
CenturyLink Communications LLC,-specified locations. The
application fee noted on Table 1 will be charged to CenturyLink
Communications LLC,for each application submitted by
CenturyLink Communications LLC,.
b. lf Dark Fiber Transport is not available, CenturyLink will notify
CenturyLink Communications LLC,of the DFA rejection. lf
CenturyLink Communications LLC,contests the rejection,
CenturyLink Communications LLC,will follow the Dispute
Resolution Process provided in this Agreement.
c. lf Dark Fiber Transport is available, CenturyLink Communications
LLC,will notify CenturyLink of acceptance/rejection of Dark Fiber
Transport quote, via a firm order, within ten (10) Business Days of
receipt of quote. CenturyLink Communications LLC,will submit a
firm order for Dark Fiber Transport via an ASR.
d. CenturyLink will reserve the requested Dark Fiber Transport for
CenturyLink Communications LLC,during these ten (10) Business
Days. lf CenturyLink Communications LLC,does not submit a firm
order by the tenth (1Oth) Business Day, the requested Dark Fiber
Transport will no longer be reserved. Thereafter, Centurylink
Communications LLC,must submit another DFA and application
fee.
e. By submitting the Dark Fiber firm order, CenturyLink
Communications LlC,agrees to pay quoted monthly recurring and
non-recurring charges. See Table 1 for monthly recurring and
non-recurring charges.
f. Billing of the monthly recurring and non-recurring charges will
begin upon completion by CenturyLink of the Dark Fiber Transport
order.
g. lf CenturyLink Communications LlC,cancels firm order before the
established due date, CenturyLink Communications LLC,agrees to
reimburse CenturyLink for all costs incurred by CenturyLink
related to the DFA and the firm order.
77.3.6 Rules for Reclaiming Dark Fiber
a. lf, at any time, CenturyLink determines that it will not have
sufficient fiber to meet its bandwidth requirements within the
twelve (12) months following the determination, CenturyLink may
reclaim from CenturyLink Communications LLC,the right to use
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the Dark Fiber, whether or not CenturyLink Communications
LLC,is utilizing the Dark Fiber. Jeff will check if this will apply.
b. CenturyLink will provide CenturyLink Communications LLC,six (6)
months written notice of its intention to reclaim Dark Fiber.
c. CenturyLink will provide CenturyLink Communications LLC,with
alternative transport options and costs when CenturyLink reclaims
Dark Fiber.
d. The Dispute Resolution Procedures found in this Agreement willbe followed if CenturyLink Communications LLC,contests
CenturyLink's decision to reclaim Dark Fiber.
78. UNE COMBINATIONS
78.1 Subject to Applicable Law and the terms and conditions in this Section,
Centurylink will make available to CenturyLink Communications LLC,Enhanced
Extended Links (EELs) and other forms of UNE Combinations.
78.2 GeneralTerms and Conditions
78.2.1 Upon CenturyLink Communications LLC,'s request, and subject to
Section 78.2.3, CenturyLink will provide UNEs in a manner that allows
CenturyLink Communications LLC,to combine such Unbundled Network
Elements in order to provide a Telecommunications Service to its End
Users.
78.2.2 CenturyLink shall not separate UNEs requested by CenturyLink
Communications LLC,that CenturyLink currently combines in its networkto provide local service. CenturyLink will provide CenturyLink
Communications LLC,access to UNE Combinations that CenturyLink
ordinarily combines in its network without requiring CenturyLink
Communications LLC,to submit a BFR. CenturyLink Communications
LLC,must submit a BFR for UNE Combinations not considered "ordinarily
combined," including those that: (1) CenturyLink does not provide
services using such a Combination of Network Elements; or (2)
CenturyLink does provide services using such Combination but such
provisioning is extraordinary (i.e., a limited Combination of Network
Elements created in order to provide service to a customer under a
unique and nonrecurring set of circumstances).
78.2.3 Upon CenturyLink Communications LLC,'s request, CenturyLink will
perform the functions necessary to combine the UNEs requested by
CenturyLink Communications LLC,provided that such combination:
a. is technically feasible, including that network reliability and
security would not be impaired;
b. would not impair the ability of other carriers to obtain access to
other unbundled Network Elements or to interconnect with
CenturyLink's network;
c. does not impair CenturyLink's ability to retain responsibility for the
management, control and performance of its network, or place
CenturyLink at a disadvantage in operating its own network.
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78.2.4 Any request by CenturyLink Communications LLC,that CenturyLink
provide combined UNEs that are not otherwise specifically provided for
under this Agreement will be made in accordance with the BFR process
described in Section 52.
78.2.5 CenturyLink Communications LLC,will compensate CenturyLink for the
costs of work performed to combine the requested UNEs pursuant to the
rates in Table 1 or as agreed upon in the BFR process under Section 52.
78.2.6 The provisioning of combinations, including EEL, is limited to existing
facilities and CenturyLink is not obligated to construct additional facilities
to accommodate any request by CenturyLink Communications LLC,.
78.2.7 ln the event that CenturyLink denies a request to perform the functions
necessary to combine UNEs or to perform the functions necessary to
combine UNEs with another service or Network Elements possessed by
CenturyLink Communications LLC,CenturyLink shall provide written
notice to CenturyLink Communications LLC,of such denial and the basis
thereof.
78.2.8 Upon request, CenturyLink will convert a Tariffed service or group of
services, to the equivalent UNE/UNE combination that is available to
CenturyLink Communications LLC,pursuant to this Section, or will convert
a UNE/UNE combination to the equivalent Tariffed service(s) (collectively
"Conversion). CenturyLink will charge, and CenturyLink Communications
LLC,agrees to pay, applicable non-recurring Service Order charges and
conversion rates included in this agreement and/or in the Tariff.
78.2.9 A Conversion will be considered a termination for purposes of any volume
and/or term commitments or Grandfathered status between CenturyLink
Communications LLC,and CenturyLink.
78.3 Commingling
78.3.1 For the purpose of this Section, Wholesale Services includes both
services CenturyLink Communications LLC,procures for resale pursuantto $251(cXa) and Exchange Access service purchased from
CenturyLink's access Tariffs.
78.3.2 Subject to other applicable provisions of this Agreement including
prohibitions and restrictions, CenturyLink shall permit CenturyLink
Communications LLC,to Commingle a UNE or a Combination of UNEs
with facilities or services obtained at wholesale from CenturyLink to the
extent required by Applicable Law.
78,3.3 All requests for Commingling or a Commingled Arrangement shall be
made by CenturyLink Communications LLC,in accordance with the BFR
process.
78.3.4 CenturyLink shall charge CenturyLink Communications LLC,the non-
recurring and recurring rates applicable to the UNEs, facilities or services
that CenturyLink Communications LLC,has obtained at wholesale fromCenturyLink. lf any Commingling requested by CenturyLink
Communications LLC,requires physical work to be performed by
CenturyLink, CenturyLink shall charge CenturyLink Communications
LLC,as noted on the BFR Quote.
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78.3.5 Each component of the commingled facility, either UNE or Wholesale
Service, will be billed at the UNE or Wholesale Service rate for that
component, plus applicable non-recurring charges. CenturyLink will not
ratchet the price of individual components; that is, CenturyLink will not
reflect a combination of UNE and wholesale rates for the same
component. Wholesale Service rates will be per the appropriate Tariff,
including any applicable resale discounts pursuant to this Agreement.
78.4 Specific Combinations - EELs
78.4.1 ln order to facilitate the provisioning of EELs, Centurylink shall support
the ordering and provisioning of this specific combination as set forth
below.
78.4.2 Where required under Applicable Law, Centurylink will offer the
combination of unbundled Local Loops with unbundled Dedicated
Transport. CenturyLink will provide EELs at the applicable recurring and
non-recurring charges as specified in Table 1 for Loops, Dedicated
Transport, and where applicable, Multiplexing. Recurring and
nonrecurring charges, including but not limited to cross connect charges
and Service Order Charges, will apply. CenturyLink will cross-connect
unbundled 2- or 4-wire analog or 2- or 4- wire digital Loops to unbundled
voice grade DS1 or DS3 Dedicated Transport facilities for CenturyLink
Communications LLC,'s provision of circuit switched telephone exchange
service to CenturyLink Communications LLC,'s End Users.
78.4.3 Multiplexing shall be provided as necessary as part of Dedicated
Transport at the rates shown in Table 1.
78.4.4 ln order to obtain the EEL combinations below, CenturyLink
Communications LLC,must provide certification that it satisfies the service
eligibility criteria for each circuit as set forth below. CenturyLink
Communications LLC,must continue to be in compliance with the service
eligibility criteria for as long as CenturyLink Communications
LLC,continues to receive the services in this Section. CenturyLink will
offer the following EEL Combinations:
an unbundled DS1 loop in Combination, or Commingled, with a
DS1 Dedicated Transport or DS3 or higher Dedicated Transport
facility or service;
an unbundled DS3 loop in Combination, or Commingled, with a
DS3 or higher Dedicated Transport facility or service;
c. an unbundled DS1 Dedicated Transport facility in Combination, or
Commingled, with an unbundled DSI loop or a DS1 channel
termination service;
d. an unbundled DS3 Dedicated Transport facility in Combination, or
Commingled, with an unbundled DSI loop or a DS1 channel
termination service
e. an unbundled DS3 loop or DS3 or higher channel termination
service.
78.4.5 EEL Eligibility Criteria
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CenturyLink Communications LLC,must have State certification to
provide local voice service in the area being served by the EEL or,
in the absence of a State certification requirement, CenturyLink
Communications LLC,must have complied with registration,
tariffing, filing fee, or other regulatory requirements applicable to
the provision of local voice service in the area served by the EEL;
At the time of ordering and continually for the period in service, the
following criteria must be satisfied for each combined circuit,
including each DS1 circuit, each DS1 EEL, and each DS1-
equivalent circuit on a DS3 EEL;
1. Each circuit to be provided to each CenturyLink
Communications LlC,customer, including each DS1 and
each DS1-equivalent on a DS3 EEL, must be assigned
one local number prior to the provision of service over the
circuit;
2. Each DS1-equivalent circuit on a DS3 EEL or on any other
High-Capacity EEL must have its own local telephone
number assignment, so that each DS3 circuit has at least
28 localvoice telephone numbers assigned to it;
3. Each circuit to be provided by CenturyLink
Communications LLC,to each End User will have 911 or
E911 capability prior to the provision of service over that
circuit;
4. Each circuit to be provided to each End User must
terminate into a collocation that meets one of the following
requirements;
a. a collocation established pursuant to $251(cX6) of
the Act and located at CenturyLink's Premises
within the same LATA as the CenturyLink
Communications LLC,'s End User's premises,
when CenturyLink is not the collocator;
b. CenturyLink Communications LLC,'s Collocation
arrangement cannot be located at an
lnterexchange Carrier Point of Presence (POP) or
an lnternet Service Provider (lSP) POP; or
c. a collocation located at a third party's premises
within the same LATA as the CenturyLink
Communications LLC,'s End User's premises,
when CenturyLink is the collocator.
5. For each twenty-four (24) DS1 EELs or other facilities
having equivalent capacity, CenturyLink Communications
LLC,must maintain at least one active DS1 local service
lnterconnection Trunk and CenturyLink Communications
LLC,is required to transmit the calling party's number in
connection with calls exchanged over each trunk. Where
CenturyLink Communications LLC,does not establish an
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lnterconnection arrangement with CenturyLink for the
meaningful exchange of Local Traffic that flows in both
directions, such lnterconnection arrangement shall not
satisfy this criteria, and
6. Each circuit to be provided to each End User will be served
by a switch capable of switching local voice traffic.
78.5 Audits. ln addition to any other audit rights provided for in this Agreement and
those allowed by Applicable Law, CenturyLink may obtain an independent
auditor to audit CenturyLink Communications LLC,on an annual basis, to
determine CenturyLink Communications LLC,'s compliance with the conditions
set out in this Section. For purposes of calculating and applying an "annual
basis," it means a consecutive twelve ('12) month period, beginning upon
CenturyLink's written notice that an audit will be performed.
78.5.1 Should the independent auditor's report conclude that CenturyLink
Communications LlC,failed to comply in any material respects with the
Eligibility Requirements of this Section, CenturyLink Communications
LLC,must submit orders to CenturyLink to either convert all non-compliant
circuits to the appropriate service or disconnect non-compliant circuits.
Conversion and disconnect orders shall be submitted within thirty (30)
Days of the date on which CenturyLink Communications LlC,receives a
copy of the auditor's report or otherwise discovers or is notified that a
circuit does not meet the Eligibility Requirements. Should CenturyLink
Communications LLC,failto submit conversion orders within the thirty (30)
Day period, CenturyLink may initiate and effect such a conversion on its
own without any further consent by CenturyLink Communications LLC,.
78.5.2 CenturyLink Communications LLC,must make accurate payments after
the conversion orders are processed, and must true-up any difference in
payments paid to CenturyLink with the appropriate Tariffed rates and
charges CenturyLink Communications LLC,would have owed CenturyLink
beginning from the later of the date the non-compliant circuit was
established as a UNE or Combination, in whole or in part, or the
beginning of the Audit period.
78.5.3 CenturyLink Communications LLC,also is responsible for paying all non-
recurring charges associated with any disconnects or conversions,
whether initiated by CenturyLink Communications LLC,or CenturyLink
pursuant to this provision.
78.5.4 ln no event shall rates set under S252(d)(1) apply for the use of any UNE
for any period in which CenturyLink Communications LLC,does not meet
the service Eligibility Requirements and conditions set forth in this Article
for that UNE combination, arrangement, or circuit, as the case may be.
78.5.5 To the extent that the independent auditor's report concludes that
CenturyLink Communications LLC,failed to comply in all material respects
with the service Eligibility Requirements, CenturyLink Communications
LlC,shall reimburse Centurylink for the actual cost of the independent
auditor's work performed in auditing CenturyLink Communications LLC,'s
compliance with the service Eligibility Requirements and for CenturyLink's
necessary and reasonable internal costs incurred conducting the audit.
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78.5.6 CenturyLink Communications LLC,will maintain the appropriate
documentation to support its eligibility certifications, including, without
limitation, call detail records, local telephone number assignment
documentation, and switch assignment documentation. Centurylink
Communications LLC,will maintain this documentation for the Term of the
Agreement plus a period of one (1) year.
79. LINE SPLITTING
79.1 Line Splitting is an arrangement between two CenturyLink Communications
LLC,s where one CenturyLink Communications LLC,provides the voice services
and another CenturyLink Communications LLC,provides Advanced Services over
an UNE Loop. One of the CenturyLink Communications LLC,s will order the
UNE Loop and split the loop spectrum in the CenturyLink Communications
LLC,'s collocation space.
79.2 Whenever CenturyLink Communications LLC,'s OCN is used to order the UNE
Loop, CenturyLink Communications LlC,shall control the entire loop spectrum.
CenturyLink will bill the entire charges for the UNE Loop and any other ordered
services to CenturyLink Communications LLC,.
80. ROUTINE NETWORK MODIFICATIONS TO CENTURYLINK'S EXISTING NETWORK
80.1 At CenturyLink Communications LLC,'s request CenturyLink shall make Routine
Network Modifications to UNE Loop or Dedicated Transport facilities used by
CenturyLink Communications LlC,where the requested UNE facility has already
been constructed. CenturyLink shall perform Routine Network Modifications to
UNE facilities in a nondiscriminatory fashion, without regard to whether the UNE
facility being accessed was constructed on behalf, or in accordance with the
specifications, of any carrier.
80.2 A Routine Network Modification is an activity that CenturyLink regularly
undertakes for its own customers. Routine Network Modifications may include
rearranging or splicing of cable; adding an equipment case; adding a doubler or
repeater; adding a smart jack; installing a repeater shelf; adding a line card;
deploying a new multiplexer or reconfiguring an existing multiplexer and
attaching electronic and other equipment that CenturyLink ordinarily attaches to
activate such UNE Loops or Transport facilities for its own End User. Routine
Network Modifications may entail activities such as accessing manholes,
deploying bucket trucks to reach aerial cable, and installing equipment casings.
80.3 Routine Network Modifications do not include: the construction of a new UNE
Loop or Dedicated Transport; installation of new aerial or buried cable; splicing
cable at any location other than an existing splice point or at any location where a
splice enclosure is not already present; securing permits, rights-of-way, or
building access arrangements; constructing and/or placing new manholes,
handholds, poles, ducts or conduits; installing new terminals or terminal
enclosures (e.9., controlled environmental vaults, huts, or cabinets); providing
new space or power for requesting carriers; or removing or reconfiguring
packetized transmission facility. CenturyLink is not obligated to perform these
and other similar activities for CenturyLink Communications LLC,.
80.4 CenturyLink will determine whether and how to perform Routine Network
Modifications using the same network or outside plant engineering principles that
would be applied in providing service to CenturyLink's End User.
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80.5 lf CenturyLink Communications LlC,requests one or more unbundled Local
Loops serviced by lntegrated Digital Loop Carrier (IDLC), CenturyLink will, where
available, move the requested unbundled Local Loop(s) to a spare, existing
physical or a universal digital loop carrier unbundled Local Loop. lf, however, no
spare Local Loop facility is available for unbundling, CenturyLink will notify
CenturyLink Communications LLC,of the lack of available facilities.
80.6 CenturyLink will provide Routine Network Modifications based on the terms and
conditions set out in this Article, at the prices in Table 1 or on CenturyLink's BFR
price quote. The Parties agree that the routine Network Modifications for which
CenturyLink is not recovering costs in existing recurring and non-recurring
charges, and for which costs will be imposed on CenturyLink Communications
LLC,s as an ICB include, but are not limited to: adding an equipment case;
adding a doubler or repeater including associated line card(s); installing a
repeater shelf and any other necessary work and parts associated with a
repeater shelf; and where applicable, deploying multiplexing equipment, to the
extent such equipment is not present on the UNE Loop or Dedicated Transport
facility when ordered.
80.7 CenturyLink is not obligated to build TDM capability into new packet-based
networks or into existing packet-based networks that never had TDM capability.
This includes packet-based networks that incorporate a packet to TDM format
translation to connect to End User-provided equipment.
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ARTICLE VII. RESALE
81. LOCAL TELECOMMUNICATIONS SERVICES PROVIDED FOR RESALE
81,1 All services made available by CenturyLink, which are to be offered for resale
pursuant to the Act, are subject to the terms and conditions herein, the applicable
general terms and conditions in Article ll, and Applicable Law. CenturyLink will
make available to Centurylink Communications LLC,for resale to End Users any
local Telecommunications Services that CenturyLink currently offers, or may offer
hereafter, on a retail basis to subscribers that are not Telecommunications
Carriers, including such services as are made available by CenturyLink to its
retail End Users via its applicable local retail Tariff (hereinafter, "resold services").
Terms, conditions, and use limitations for Centurylink Communications LLC,shall
be in Parity with services offered by CenturyLink to its End Users. The list of
services described herein which CenturyLink shall make available to CenturyLink
Communications LLC,for resale pursuant to this Agreement is neither all
inclusive nor exclusive.
81.2 Resale services are available where facilities currently exist and are capable of
providing such services without construction of additional facilities or
enhancement of existing facilities. However, if CenturyLink Communications
LlC,requests that facilities be constructed or enhanced to provide services for
resale, CenturyLink will construct facilities to the extent necessary to satisfy its
obligations to provide basic Telephone Exchange Service as set forth in
CenturyLink retail Tariffs, catalogs, price lists, or other retail Telecommunications
Services offerings and Commission rules. Under such circumstances,
CenturyLink will develop and provide to CenturyLink Communications LLC,a
price quote for the facilities construction. Construction charges associated with
resold services will be applied in the same manner that construction charges
apply to CenturyLink retail End Users. lf the price quote is accepted by
CenturyLink Communications LLC,CenturyLink Communications LLC,will be
billed the quoted price and construction will commence after receipt of payment.
lf facilities were previously built out by CenturyLink at the request of a former
CenturyLink retail End User, then services for resale at that same location shall
not be eligible for a resale discount until such time as the costs incurred by
CenturyLink in connection with such build out have been recovered to the same
extent as if CenturyLink continued to provide retail service at such location.
81.3 Except as otherwise agreed to in writing by CenturyLink, CenturyLink shall not be
responsible for the installation, inspection, maintenance, repair or removal, of
facilities, equipment, software, or wiring provided by CenturyLink
Communications LLC,or CenturyLink Communications LLC,'s End Users for use
with any resold services.
81.4 CenturyLink and its suppliers shall retain all rights, title and interest in any
respective facilities, equipment, software, information, and wiring, used to provide
CenturyLink Communications LLC,with resold services under this Agreement.
81.5 When applicable, CenturyLink shall have access at all reasonable times to
CenturyLink Communications LLC,customer locations for the purpose of
installing, inspecting, maintaining, repairing, and removing, facilities, equipment,
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sofhryare, and wiring, used to provide resold services under this Agreement.
CenturyLink Communications LLC, shall, at CenturyLink Communications LLC,'s
expense, obtain any rights and/or authorizations necessary for such access.
82. GENERAL TERMS AND CONDITIONS FOR RESALE SERVICES
82.1 CenturyLink Communications LLC, as Customer of Record. CenturyLink
Communications LLC, will be the customer of record for all resold services
purchased from CenturyLink, Except as specified herein, CenturyLink will take
orders from, bill and expect payment from CenturyLink Communications LLC, for
all services ordered.
82.2 Billing. CenturyLink shall not be responsible for the manner in which CenturyLink
Communications LLC, bills its End Users. All applicable rates and charges for
services provided to CenturyLink Communications LLC, or to CenturyLink
Communications LLC,'s End Users under this Agreement will be billed directly to
CenturyLink Communications LLC, and shall be the responsibility of CenturyLink
Communications LLC, regardless of CenturyLink Communications LLC,'s ability
to collect; including but not limited to toll and third-party charges unless
CenturyLink Communications LLC, has taken appropriate actions to restrict
CenturyLink Communications LLC,'s End Users' ability to incur such charges.
82.3 Local Calling Detail. Except for those services and in those areas where
measured rate local service is available to End Users, monthly billing to
CenturyLink Communications LLC, does not include local calling detail unless
CenturyLink Communications LLC, orders and pays for such detail pursuant to
the terms and conditions of this Agreement.
82.4 Originating Line Number Screening (OLNS). Upon request and when
CenturyLink is technically able to provide and bill the service, CenturyLink will
update the database to provide OLNS, which indicates to an operator the
acceptable billing methods for calls originating from the calling number (e.9.,
penal institutions, COCOTS).
82.5 Timing of Messages. With respect to CenturyLink resold measured rate local
service(s), where applicable, chargeable time begins when a connection is
established between the calling station and the called station. Chargeable time
ends when the calling station "hangs up," thereby releasing the network
connection. lf the called station "hangs up" but the calling station does not,
chargeable time ends when the network connection is released by automatic
timing equipment in the network.
83. PRICING
83.1 Calculation of the Resale Discount and the Resulting Resale Rate. A discount as
shown in Table 1 shall apply to the retail rate of Telecommunications Services
made available for resale in this Article, except those services excluded from
resale or from receiving the resale discount as set forth in this Article or
Applicable Law.
83.2 Promotions. CenturyLink will make available for resale those promotional
offerings that are greater than ninety (90) Days in duration, and any special
promotional rate will be subject to the applicable resale discount. CenturyLink
will make available for resale those promotional offerings that are less than
ninety (90) Days in duration; however, any special promotional rate or other
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promotional offering will not be subject to and may not be used with the
applicable resale discount. For promotional offerings that are less than ninety
(90) Days in duration, CenturyLink Communications LLC,may choose either the
promotion or the discount at its discretion. ln all cases, in order to obtain a
promotional offering, CenturyLink Communications LLC,must qualify for the
promotional offering under the stated terms of the offering and must request the
offering at the time of order placement. CenturyLink Communications LLC,shall
not be eligible for any post-provisioning retroactive applicability of a promotional
offering.
83.3 Resale of "As ls" Services. When a CenturyLink End User changes service
providers to CenturyLink Communications LLC,resold service of the same type
without any additions or changes, the only applicable non-recurring charge will
be the LSR Service Order charge.
83.4 Resale with Changes in Services. lf a Centurylink Communications LLC,End
User adds features or services when the End User changes its resold local
service from CenturyLink or another service provider to CenturyLink
Communications LlC,CenturyLink will charge CenturyLink Communications
LLC,the normal LSR Service Order charges and/or non-recurring charges
associated with said additions.
83.5 End User Contractual Arrangements. CenturyLink will offer for resale its currently
existing (signed by an End User) Contract Service Arrangements, Special
Arrangements, or lCBs in accordance with FCC and Commission Rules and
Regulations. The End User's contractual arrangement with CenturyLink will
terminate and any applicable termination liabilities will be charged to the End
User. The terms of the terminated CenturyLink Contract Service Arrangement,
Special Arrangement or ICB will apply to the respective resold services beginning
on the date CenturyLink Communications LLC,commences to provide service to
the End User and ending on the end date of the Contract Service Arrangement,
Special Arrangement or lCB.
83.5.1 CenturyLink will bill CenturyLink Communications LLC,the rate in
the Contract Service Arrangement, Special Anangement or ICB
until the originally contracted end date for such services.
83.5.2 lf CenturyLink does not receive a termination notice for the
arrangement from CenturyLink Communications LLC,that
specifies termination on the contractual end date, CenturyLink
Communications LLC,will have the choice of accepting a new
contractual arrangement at then-current terms and pricing or
moving to the closest Tariffed or otherwise offered service
equivalent. lf CenturyLink Communications LLC,does not invoke
its choice within 10 Business Days following the end date, then
CenturyLink may select either alternative at its discretion. Any
change in the rates shall be retroactive to the most recent
arrangement end date.
83.5.3 Notwithstanding Section 83.5.2, CenturyLink at its discretion may
terminate any contractual arrangement at the specified end date
with no obligation to offer any replacement service.
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83.6 Nonrecurring Charges. The resale discount, as shown in the Resale attachment
of this Agreement, does not apply to non-recurring charges (NRCs), whether
such NRCs are contained in this Agreement, in CenturyLink's applicable retail
Tariffs or as otherwise offered on a retail basis.
84. LIMITATIONS AND RESTRICTIONS ON RESALE
84.1 ln addition to the limitations and restrictions set forth in this Agreement,
CenturyLink may impose other reasonable and non-discriminatory conditions or
limitations on the resale of its Telecommunications Services to the extent
permitted by Applicable Law,
84.2 Cross-Class Selling. CenturyLink Communications LLC,will not resell to one
class of customers a service that is offered by CenturyLink only to a particular
class of customers to classes of customers that are not eligible to subscribe to
such services from CenturyLink (e.9., R-1 to B-1, disabled services or lifeline
services to non-qualifying customers).
84.3 Telephone Assistance Programs. CenturyLink Communications LLC,will not
resell lifeline services, services for the disabled or other telephone assistance
programs. Where CenturyLink Communications LLC,desires to provide lifeline
services, services for the disabled or similar telephone assistance programs to its
customer, CenturyLink will resell the customer's line as a residential line at the
tariffed residential rate (with applicable wholesale discount) and CenturyLink
Communications LLC,shall be responsible for re-certifying the Iine pursuant to
Applicable Law and for participating in the lifeline, disabled services or telephone
assistance discount pool without the assistance of CenturyLink. ln no event shall
CenturyLink be responsible for recovering or assisting in the recovery of lifeline,
disabled services or telephone assistance program discounts on behalf of
CenturyLink Communications LLC,. CenturyLink Communications LLC,is
exclusively responsible for all aspects of any similar CenturyLink
Communications LLC,-offered program, including ensuring that any similar
CenturyLink Communications LLC,-offered program(s) complies with all
applicable federal and State requirements, obtaining all necessary End User
certifications and re-certifications, submitting written designation that any of
CenturyLink Communications LLC,'s End Users or applicants are eligible to
participate in such programs, submitting CenturyLink Communications LLC,'s
claims for reimbursement to any applicable governmental authority and any other
activities required by any applicable governmental authority.
84.4 Advanced Telecommunications Services Sold to lSPs. Advanced
telecommunications services (Advanced Services) sold to lnternet Service
Providers (lSPs) as an input component to the lSPs' retail internet service
offering shall not be eligible for the resale discount under the terms of this
Agreement.
84.5 Voice Mail Service. Voice Mail Service is not a Telecommunications Service
subject to resale under this Agreement. Where offered, CenturyLink
Communications LLC,may purchase Voice Mail Service and related services for
its End Users at CenturyLink's retail rates; however, no resale discount applies.
84.6 Hospitality Service. CenturyLink will provide all blocking, screening, and other
applicable functions available for hospitality lines under Tariff.
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84.7 LIDB Administration. CenturyLink will maintain customer information for
CenturyLink Communications LLC,customers who subscribe to resold
CenturyLink local service dial tone lines, in CenturyLink's LIDB in the same
manner that it maintains information in LIDB for its own similarly situated End
Users. CenturyLink will update and maintain CenturyLink Communications
LLC,'s information in LIDB on the same schedule that it uses for its own similarly
situated End Users.
84.7.1 Until such time as CenturyLink's LIDB has the software capability to
recognize a resold number as CenturyLink Communications LLC,'s,
CenturyLink will store the resold number in its LIDB at no charge and will
retain revenue for LIDB look-ups to the resold number.
84.8 OS/DA. The resale discount shall not apply to Operator Services (OS) or
Directory Assistance (DA) services provided to CenturyLink Communications
LLC,'s End Users by CenturyLink's OS and DA vendors,
84.9 Special Access Services. CenturyLink Communications LLC,may purchase for
resale special access services; however, no resale discount applies.
84.10 COCOT Coin or Coinless Lines. CenturyLink Communications LLC,may
purchase for resale COCOT coin or coinless line services; however, no resale
discount applies.
84.11 Grandfathered Services. Services identified in CenturyLink Tariffs as
Grandfathered in any manner are available for resale only to End Users that
already have such Grandfathered Service. An existing End User may not movea Grandfathered Service to a new service location. lf an End User's
Grandfathered Service is terminated for any reason, such Grandfathered Service
may not be reinstalled. Grandfathered Services are subject to a resale discount,
as provided in Section 82.
84.12 Universal Emergency Number Service. Universal Emergency Number Service is
not a separate service available for resale. Universal Emergency Number
Service (E911/911 service) is provided with each local Telephone Exchange
Service line resold by CenturyLink Communications LlC,whenever E911/911
service would be provided on the same line if provided by CenturyLink to a
CenturyLink End User.
84.13 Services provided for CenturyLink Communications LLC,'s Own Use.
Telecommunications Services provided directly to CenturyLink Communications
LLC,for its own use or for the use of its Subsidiaries and Affiliates and not resold
to CenturyLink Communications LLC,'s End Users must be identified by
CenturyLink Communications LLC,as such, and CenturyLink Communications
LLC,will pay CenturyLink's retail prices for such services. Use of a CenturyLink
service for the transport or consolidation of any CenturyLink Communications
LlC,services to multiple End Users shall be considered service provided for
CenturyLink Communications LLC,'s own use.
84.14 CenturyLink Communications LLC,shall not use resold local Telecommunications
Services to provide access or lnterconnection services to itself, its Subsidiaries
and Affiliates, lnterexchange Carriers (lXCs), wireless carriers, competitive
access providers (CAPs), or any other telecommunications providers; provided,
however, that CenturyLink Communications LLC,may permit its subscribers to
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use resold local exchange telephone service to access lXCs, wireless carriers,
CAPs, or other retail telecommunications providers.
84.15 CenturyLink Communications LLC,may resell services that are provided at a
volume and/or term discount in accordance with the terms and conditions of the
applicable Tariff. Any volume and/or term discount shall be applied first to the
retail price, and the resale discount shall be applied thereafter. CenturyLink
Communications LlC,shall not permit the sharing of a service by multiple End
Use(s) or the aggregation of traffic from multiple End Users' lines or locations
onto a single service for any purpose, including but not limited to the purpose of
qualifying for a volume and/or term discount. Likewise, CenturyLink
Communications LlC,shall not aggregate the resold services to individual End
Users at multiple addresses to achieve any volume discount where such may be
available pursuant to Tariff or special promotion.
85. CHANGES IN RETAIL SERVICE
85.1 CenturyLink will notify CenturyLink Communications LLC,at the time a Tariff is
filed with the Commission, of any changes in the prices, terms and conditions
under which CenturyLink offers Telecommunications Services at retail to
subscribers who are not Telecommunications Carriers by posting such changes
on CenturyLink's Website. Such changes may include, but not be limited to, the
introduction of any new features, functions, services, promotions in excess of
ninety (90) Days in duration, or the discontinuance or Grandfathering of current
features and services. Where CenturyLink Communications LLC,has signed up
for or subscribed to CenturyLink's email notification service, CenturyLink also will
provide notice to CenturyLink Communications LLC,of such changes by posting
the same to CenturyLink's Website, with email notification of such postings.
86. REOUIREMENTS FOR SPECIFIC SERVICES
86.1
86.2
E911/911 Services. CenturyLink will use its standard Service Order process to
update and maintain the CenturyLink Communications LlC,customer service
information in the Automatic Location ldentification/Database Management
System (ALI/DMS) used to support 911 services on the same schedule that it
uses for its own retail End Users. CenturyLink will provide CenturyLink
Communications LLC,End User information to the PSAP. CenturyLink
Communications LlC,shall update its End User's 911 information through the
LSR process. CenturyLink assumes no liability for the accuracy of information
provided by CenturyLink Communications LLC,and CenturyLink shall not be
responsible for any failure of CenturyLink Communications LLC,to provide
accurate End User information for listings in any databases in which CenturyLink
is required to retain and/or maintain such information.
86.1.1 CenturyLink Communications LlC,shall be responsible for collecting from
its End Users and remitting all applicable 9'11 fees and surcharges, on a
per line basis, to the appropriate Public Safety Answering Point (PSAP) or
other governmental authority responsible for collection of such fees and
surcharges subject to Applicable Law.
Suspension of Service. CenturyLink Communications LLC,may offer to resell
End User-lnitiated Suspension and Restoral Service to its End Users if and to the
extent offered by CenturyLink to its retail End Users.
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86.2.1 CenturyLink Communications LLC,may also provide CenturyLink-lnitiated
Suspension service for its own purposes, where available. CenturyLink
shall make these services available at the retail rate less the resale
discount on the monthly recurring charge only. No discount shall apply to
non-recurring charges. CenturyLink Communications LLC,shall be
responsible for placing valid orders for the suspension and the
subsequent disconnection or restoral of service to each of its End Users.
a. lf CenturyLink Communications LlC,submits a request for a
disconnection of an End User service and subsequently requests
reconnection of the same End User service, the terms for
suspension of service will apply.
b. Service Order charges and any applicable Tariff fees will apply toall temporary suspension and restoral requests made by
CenturyLink Communications LLC,including disconnection and
subsequent reconnection requests for the same End User service.
86.2.2 lf CenturyLink Communications LLC,suspends service for one of its End
Users and fails to submit a subsequent disconnection order within the
maximum number of Days permitted for a company-initiated suspension
pursuant to the applicable Tariff or Applicable Law, CenturyLink
Communications LLC,shall be charged and shall be responsible for all
appropriate monthly service charges for the End User's service from the
suspension date through the disconnection date.
86.2.3 lf CenturyLink Communications LLC,restores its End User, restoral
charges will apply, and CenturyLink Communications LLC,will be billed for
the appropriate service from the time of suspension.
86.3 End User Retention of Telephone Number. Telephone numbers may not be
retained after a switch to a new provider if the physical service address of the
End User subsequently changes to one served by a different Rate Center.
87. PRE.ORDERING AND ORDERING
87.1 CenturyLink will provide pre-ordering and ordering services for resale services to
CenturyLink Communications LLC,consistent with CenturyLink's published
Standard Practices.
87.2 Telephone Number Assignments. Where CenturyLink Communications
LlC,resells service to a new (not currently existing) End User, CenturyLink will
allow CenturyLink Communications LLC,to place Service Orders and receive
phone number assignments.
87.2.1 When CenturyLink Communications LLC,uses numbers from a
CenturyLink NXX, CenturyLink will provide the same range of number
choices to CenturyLink Communications LLC,including choice of
exchange number, as CenturyLink provides its own subscribers.
Reservation and aging of CenturyLink NXXs will remain CenturyLink's
responsibility.
87.2.2 CenturyLink will provide CenturyLink Communications LLC,with the ability
to obtain telephone numbers while a subscriber is on the phone with
CenturyLink Communications LLC,.
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87.2.3 ln conjunction with an order for service, and only to the extent such are
available, CenturyLink will accept CenturyLink Communications
LlC,orders for blocks of numbers for use with complex services including,
but not limited to, DlD, CENTREX, and Hunting arrangements, as
requested by CenturyLink Communications LLC,.
87.2.4 Number reservations. Number reservations shall only be made availableto CenturyLink Communications LLC,for the same time period that
CenturyLink offers to its own subscribers pursuant to Tariff or other
published terms, Centurylink reserves the right to cancel any number
reservation without notice upon the end of the specified time period.
a. CenturyLink will not accept any number reservations from
CenturyLink Communications LLC,if CenturyLink's own
subscribers are not offered the ability to reserve numbers.
b. For simple services number reservations and aging of
CenturyLink's numbers, CenturyLink will provide real-time
confirmation of the number reservation when the Electronic
lnterface has been implemented. For number reservations
associated with complex services, CenturyLink will provide
confirmation of the number reservation within twenly-four (24)
hours of CenturyLink Communications LLC,'s request. Consistent
with the manner in which CenturyLink provides numbers to its own
subscribers, no telephone number assignment is guaranteed until
service has been installed.
87.3 Maintenance. CenturyLink will provide repair and maintenance services to
CenturyLink Communications LLC,and its End Users for resold services in
accordance with the terms set forth in Article lV of this Agreement, which are the
same standards and charges used for such services provided to CenturyLink
End Users. CenturyLink will not initiate a maintenance call or take action in
response to a trouble report from a CenturyLink Communications LLC,End User
until such time as trouble is reported to CenturyLink by CenturyLink
Communications LLC,. Centurylink Communications LLC,must provide to
CenturyLink all End User information necessary for the installation, repair and
servicing of any facilities used for resold services as described in the published
CenturyLink Standard Practices.
88. ACCESS CHARGES
88.1 CenturyLink retains all revenue due from other carriers for access to
CenturyLink's facilities, including both switched and special access charges.
CenturyLink retains all Switched Access Service revenues when providing
Switched Access Services for CenturyLink Communications LLC,'s retail End
Users served via resale. When CenturyLink Communications LLC,resells special
access to its End Users, CenturyLink is not entitled to any special access
revenues from CenturyLink Communications LLC,'s End Users.
89. RESALE OF CENTURYLINK COMMUNICATIONS LLC,'S TELECOMMUNICATIONS
SERVICES
89.1 CenturyLink Communications LLC,also acknowledges that CenturyLink
Communications LLC,is required pursuant to 47 U.S.C. 9251(b) to make
available its Telecommunications Services to Centurylink for resale by
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CenturyLink. Upon request by CenturyLink, CenturyLink Communications
LlC,shall provide for resale of CenturyLink Communications LLC,'s
Telecommunications Services under the same terms and conditions as those
that are offered by CenturyLink to CenturyLink Communications LlC,under this
Agreement.
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ARTICLE VIII. ADDITIONAL SERVICES
90. NUMBER PORTABLITY
90.1 Definitions. For purposes of this Section governing Number Portability, the
following definitions shall apply:
90.1.1 Coordinated Hot Cut (CHC): A combined and simultaneous effort
between local service providers to perform the completion of a Local
Service Request order.
90.1.2 Donor Party: The Partythat is receiving the number port request and is
, relinquishing the ported number.
90.1.3 Local Routing Number (LRN): A ten (10)-digit number that is assigned to
the network switching elements for the routing of calls in the network.
90.1.4 Permanent Number Portability (PNP): The in-place long-term method of
providing Number Portability (NP) using the LRN method.
90.1.5 Recipient Party: The Partythat is initiating the number port request and
is receiving the ported number.
90.1.6 Simple Ports: Those ports meeting the FCC's definition of "Simple" ports
90.1.7 Ten-Digit Unconditional Trigger Method (TDT): An industry-defined PNP
solution that utilizes the ten-digit Local Routing Number to provide for an
automated process that permits the work at the Recipient Party's switch
to be done autonomously from the work at the Donor Party's switch
resulting in less downtime to the End User.
90.2 Number Portability (NP). Each Party will provide Local Number Portability and
obtain End User authorization in accordance with the Act, and applicable FCC
rules, regulations and orders as amended from time to time. CenturyLink
Communications LlC,shall provide NP to CenturyLink under no less favorable
terms and conditions as when CenturyLink provides such services to CenturyLink
Communications LLC,. The Act requires allowing End Users to change local
service providers and retain the same telephone numbe(s) within the serving
Rate Center utilizing the portability method as defined by the FCC. The Parties
recognize that the Act and the applicable FCC rules, regulations and orders limit
porting to carriers having facilities or numbering resources in the same Rate
Center, or to carriers who have partnered with a wireline carrier for numbering
resources where the partnering carrier has facilities or numbering resources in
the same Rate Center, and do not mandate Location and Service Portability and
the Parties will not submit orders for such non-mandated types of portability.
90.3 Testing
90.3.1 lf CenturyLink Communications LLC,has not initiated porting with
CenturyLink in a specific exchange, prior to port order submission,
CenturyLink Communications LLC,will conduct testing with CenturyLink
as required by the NANC LNP Guidelines incorporated by reference in 47
c,F.R. S52.26.
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90.3.2 CenturyLink Communications LLC,must be NPAC certified and have met
CenturyLink testing parameters prior to activating LNP. Each Party will
bear its own expenses for testing.
90.3.3 The Parties will cooperate to ensure effective maintenance testing
through activities such as routine testing practices, network trouble
isolation processes and review of operational elements for translations,
routing and network fault isolation.
90.3.4 The Parties shall cooperate in testing performed to ensure
interconnectivity between systems. The Parties shall notify each other at
least sixty (60) days in advance of any system updates that may affectthe porting operations of CenturyLink Communications LLC,or
CenturyLink. Each Party shall, at each other's request, jointly perform
tests to validate the updated operations.
90.4 A Party requesting a number to be ported must send the other providing Party a
Local Service Request (LSR). lf a Party requests that the other Party port a
number, the Parties shall follow the "Local Number Portability Ordering Process"
documented on the CenturyLink Wholesale Website and comply with applicable
FCC rules, regulations and orders.
90.4.1 End User Non-Payment. CenturyLink will port numbers for customers
whose service has been suspended for non-payment. However,
CenturyLink will not port numbers once the customer's service has been
disconnected.
90.4.2 Neither Party shall be required to provide Number Portability under this
Agreement for excluded numbers defined by FCC orders or other
Applicable Law, as updated from time to time, including but not limited to:
500 NPAs; 900 NPAs; 950 and 976 NXX number services; and OCS
NXXs (i.e., numbers used internally by either Party for its own business
purposes). The term "Official Communications Service (OCS)" means the
internal telephone numbers used by CenturyLink or CenturyLink
Communications LLC,.
90.4.3 lnactive Numbers. CenturyLink will not port numbers not currently being
used by a CenturyLink End User or previously reserved on an existing
CenturyLink End User's account.
90.4.4 LERG Reassignment. Portability for an entire NXX shall be provided by
utilizing reassignment of the NXX to CenturyLink Communications
LLC,through the LERG
90.4.5 Porting Interval. CenturyLink will comply with the requirements of the
FCC's 2009 "One Day Porting lnterval" Order for Simple Ports. Non-
Simple and Complex ports shall have intervals which are shown in the
NANC's LNPA WG Best Practice 67, located at: http://www.npac.com/lnpa-
workinq-group/lnp-best-practices#0067. The following terms shall also apply:
a. Local Number Portability (LNP) orders may not be expedited.
b. Mass Calling Events. The Parties will notify each other at least
seven (7) Days in advance where ported numbers are utilized.
Parties will only port Mass Calling numbers using switch
translations and a choke network for call routing. Porting on Mass
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90.4.9
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Calling numbers will be handled outside the normal porting
process and comply with any applicable federal regulatory
requirements or industry guidelines developed for Mass Calling
numbers.
90.4.6 FOC. Both Parties agree to provide a Firm Order Confirmation (FOC) to
the Recipient Party for non-Simple Ports and Simple Ports with extended
due dates, within twenty-four (24) hours from the time a "clean" LSR is
received as indicated in NANC's LNPA WG Best Practice 67, located at:
http://www. npac. com/l n pa-worki ng -g rou p/lnp-best-practices#0067
90.4.7 Project Management. For purposes of this Agreement, the Parties will
use a project management approach for the implementation of LSRs for
non-standard requests such as coordinated cutovers including but not
limited to Coordinated Hot Cuts and after hours cutover requests. The
Parties may mutually agree on using a project management approach for
very large volumes of number ports such as a large business, hospital or
government agency cutover.
90.4.8
a. CenturyLinkCommunicationsLLC,bearssoleresponsibility
for any End User issues associated with porting cutovers
when CenturyLink recommends a project approach and
CenturyLink Communications LlC,declines to use such a
process.
Service Order Charge. The Party receiving the LSR will bill the
Service Order charge set forth in Article X for each LSR received.
The Party will bill the Service Order charge for a LSR, regardless of
whether that LSR is later supplemented, clarified or cancelled. The
receiving Party will also bill an additional Service Order charge for
supplements to any LSR submitted to clarify, correct, change or
cancel a previously submitted LSR.
Regardless of the number of Location Routing Numbers (LRNs)
used by a CenturyLink Communications LLC,in a LATA,
Centurylink will route traffic destined for Centurylink
Communications LLC,'s End Users via direct trunking where direct
trunking has been established. ln the event that direct trunking has
not been established, such traffic shall be routed via a Tandem
Switch.
90.4.10 When CenturyLink receives an un-queried call from CenturyLink
Communications LLC,to a telephone number that has been ported
to another local services provider, the transit rate and NP dip charge
found in the applicable Tariff will apply.
90.4.11 IXC Revenue. When an IXC terminates an lnterLATA or lntraLATA
toll call to either Party's local exchange customer whose telephone
number has been ported from one party to the other, the Parties
agree that the Party to whom the number has been ported shall be
entitled to revenue from the IXC for those access elements it actually
provides including, but not limited to end office switching, local
transport, RlC, and CCL. The Party from whom the number has
been ported shall be entitled to receive revenue from the IXC for
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those access elements it actually provides including, but not limited
to any entrance facility fees, access Tandem fees and appropriate
local transport charges.
90.4.12 When a ported telephone number becomes vacant, e.9., the
telephone number is no longer in service by the original End User, the
ported telephone number will snap-back to the LERG-assigned
thousands block holder or the NXX code holder if pooling is being
utilized in the Rate Center.
90.4.13 Each Party shall become responsible for the End User's other
telecommunications-related items, e.9., E911, Directory Listings,
Operator Services, Line lnformation Database (LIDB), when it ports
the End User's telephone number to its switch.
90.5 Cut-Over Process for Number Porting Orders
90.5.1 Ten-Digit Unconditional Trigger Method (TDT) Cut-Over
a. Where technically feasible, both Parties will use PNP-LRN cut-
overs, which rely upon the TDT for porting numbers. CenturyLink
will update its Website to identify the circumstances of which it is
aware where use of TDT is not technically feasible.
b. Setting of ten digit triggers or an alternative must be used as
shown in the FCC mandated NANC LNP Process Flows at
http://www. n pac. com/lnpa-workinq-q roup/nanc-lnp-process-flows (See
Flows 9 and 10).
90.5.2 Coordinated Hot Cuts (CHC)
a. Where the Parties agree or are required to implement a CHC to
effectuate a service cut-over, the Parties shall follow the process
and procedures for such CHCs set forth in the CenturyLink
Standard Practices.
b. Pricing for Number Portability CHCs
1. When a Recipient Party orders CHC service, the Donor
Party shall charge, and the Recipient Party shall pay, the
applicable Charges set forth in Table 1.
2. Coordination of Service Order work outside normal
business hours shall be at requesting Party's expense.
Premium rates will apply for Service Order work performed
outside normalbusiness hours, weekends, and holidays.
3. For calculating "time" and/or "additional time" labor
charges, the time shall begin when the Donor Party
receives the call from Recipient Party and ends when the
Parties disconnect from the call.
91. ACCESS TO POLES, DUCTS, GONDUITS AND RIGHTS.OF.WAY
9'1.1 Via Tariff or Separate Agreement. To the extent required by the Act, including
the requirement that a requesting Telecommunications Carrier be a provider of
Telecommunications Services as defined by 47 U.S.C. 5153(46), CenturyLink
and CenturyLink Communications LLC,shall each afford to the other access to
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the poles, ducts, conduits and rights-of-way (ROWs) that it owns or controls on
terms, conditions and prices comparable to those offered to any other entity
pursuant to each Pafi's Tariffs and/or standard agreements, or as agreed to by
the Parties and in accordance with Applicable Law and regulations. Accordingly,
if CenturyLink or CenturyLink Communications LlC,desires access to the other
Party's poles, ducts, conduits or ROWs, the Party seeking access shall make
such a request in writing, and the Parties shall negotiate the terms and conditions
for such access in accordance with Applicable Law. Such terms and conditions
shall be contained in separate, stand-alone agreement.
91.2 Pole Attachment & Conduit Occupancy Agreements. CenturyLink
Communications LlC,agrees that pole attachment and conduit occupancy
agreements must be executed separately before it makes any pole attachments
to CenturyLink's facilities or uses CenturyLink's conduit. Unauthorized pole
attachments or unauthorized use of conduit will constitute a material breach of
this Agreement.
92. BASIC 911 AND E911 SERVICE
92.1 CenturyLink Communications LLC,'s Responsibilities. Where CenturyLink is the
911 Service Provider, CenturyLink Communications LLC,shall have either to
directly perform or ensure that any agent it may use for 911 services does
perform the obligations in this Section.CenturyLink Communications LLC,
CenturyLink Communications LLC,
92.2.1 Call Routing
92.2.1.1
92.2.1.2
92.2.2 Facilities and Trunking
92.2.2.1 CenturyLink will provide transport facilities to interconnect
CenturyLink Communications LLC,to CenturyLink's SR, at
standard CenturyLink Access tariff rates. Additionally,
when diverse facilities are requested by CenturyLink
Communications LLC,CenturyLink will provide such
diversity where technically feasible and facilities are
available at standard CenturyLink Access tariff rates.
Upon written request by CenturyLink Communications
LlC,CenturyLink shall, in a timely fashion and at no
charge, provide CenturyLink Communications LLC,with a
description of the geographic area (or rate centers) and
PSAPs served by the 911 Selective Router(s) based upon
the standards set forth in the May 1997 NENA
Recommended Standards for Local Service Provider
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CenturyLink Communications LLC,or its agent will
transport 911 calls to the applicable CenturyLink Selective
Router.
CenturyLink Communications LLC,or its agent will forward
the ANI information of the party calling 911 to the
applicable CenturyLink Selective Router.CenturyLink
Communications LLC,CenturyLink Communications
LLC,Centurylink Communications LLC,CenturyLink
Communications LLC,Centurylink Communications LLC,
92.2.2.2
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92.2.3 Database
92.2.3.1
92.2.3.2
92.2.3.3
92.2.3.4
92.2.3.5
92.2.3.6
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lnterconnection lnformation Sharing, or any subsequent
revision(s) thereto.
Where CenturyLink manages the ALI database,
CenturyLink shall store CenturyLink Communications
LLC,'s End User 911 records.
Where CenturyLink is the ALI database provider,
CenturyLink shall coordinate access to the CenturyLink
DBMS for the initial loading and updating of CenturyLink
Communications LLC,'s End User 911 records. For such
purposes, Centurylink will provide CenturyLink
Communications LLC,with access to WebDBMS, which isa customer interface to the DBMS which restricts
CenturyLink Communications LLC,access to CenturyLink
Communications LLC,End User records only, and is used
for viewing and coordinating electronic file processing of
such End User records. CenturyLink shall provide
CenturyLink Communications LLC,with a password to the
WebDBMS, and CenturyLink Communications LlC,shall
be responsible for maintaining confidentiality and use of
such password.
CenturyLink ALI database shall accept electronically
transmitted files that are based upon NENA standards.
Manual entry shall only be allowed in the event the DBMS
is not functioning, or if CenturyLink has specifically agreed
pursuant to separate written terms setting forth such
arrangements, including compensation at the rates found
in Table 1.
CenturyLink will provide an error and status report for
Centurylink Communications LLC,'s End User records
received from CenturyLink Communications LLC,. This
report will be provided in a timely fashion in accordance
with the methods and procedures to be provided to
CenturyLink Communications LLC,.
Where CenturyLink manages the ALI database,
CenturyLink shall provide CenturyLink Communications
LLC,with one electronic file containing the Master Street
Address Guide (MSAG) annually for each county in the
State for which this Agreement is applicable, in which
CenturyLink is the 911 Service Provider, and in which
CenturyLink Communications LLC,exchanges Local Traffic
with CenturyLink.. Additional copies of the MSAG file are
available at the rate set forth in Table 1.
Where CenturyLink manages the ALI database,
CenturyLink shall establish a process for the management
of NPA splits by populating the ALI database with the
appropriate NPA codes.
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92.3 CenturyLink Communications LLC,'s Responsibilities. Where CenturyLink is the
911 Service Provider, CenturyLink Communications LlC,shall have the
obligations in this Section.
92.3.1 Call Routing
92.3.1.1
92.3.1.2
92.3.1.3
92.3.2 Facilities and Trunking
92.3.2.1
92.3.2.2
92.3.2.3
92.3.2.4
92.3.2.5
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CLEC will transport 911 calls to the applicable CenturyLink
Selective Router.
Where supported by CenturyLink and where technically
feasible, CLEC may implement 911 Service using a
Dynamic 911 solution.
CLEC will forward the ANI information of the party calling
911 to the applicable Centurylink Selective Router.
CLEC or its agent shall order and maintain a minimum of
one 911 dedicated DS1 facility for each SR with a
minimum of two one-way outgoing DSO trunks dedicated
for originating 911 calls to reach each applicable PSAP
served by such SR. CLEC or its agent will provision these
facilities in accordance with applicable NENA standards;
CLEC or its agent shall engineer its 911 Trunks to attain a
minimum of P.01 grade of service as measured using the
"busy day/busy hour criteria or, at such higher grade of
service as required by Applicable Law or duly authorized
governmental authority.
CLEC acknowledges that End Users in a single local
calling area may be served by different SRs, and that
CLEC or its agent shall be responsible for providing
sufficient transport facilities and trunking to route 911 calls
from its End Users to each of the proper 91 1 SRs.
CLEC or its agent is responsible for providing a separate
911 trunk group for each county or other geographic area
that CLEC serves if the PSAP for such county or
geographic area has a specified varying default routing
condition. lf CLEC or its agent uses MF signaling, it must
transmit 911 traffic over a separate 91 1 trunk group for
each NPA (area code) served by affected PSAPs.
Where diverse routing to CenturyLink SRs is desired by
CLEC or required by the applicable PSAP or as otherwise
necessary for the proper routing of 911 calls to the
appropriate PSAP, then CLEC is responsible for ordering
such facilities at CLEC's expense.
CLEC is responsible for determining and maintaining the
proper quantity of 911 dedicated one-way outgoing trunks
and facilities from its switch(es) to the CenturyLink SR.
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92.3.2.6 CLEC or its agent shall monitor its 911 trunks for the
purpose of determining originating network traffic volumes.
lf CLEC's traffic study indicates that additional trunks are
needed to meet the current level of 911 call volumes,
CLEC shall order additional dedicated 911 facilities from
CenturyLink at the rates set forth in Table One or require
its agent to order such facilities.
CLEC agrees that it will not pass live 911 traffic until
successfultesting is completed by both Parties.
92.3.3 Selective Router Port Chargesfferminations for Connecting Companies
92.3.3.1
92.3.2.7
92.3.4 Database
92.3.4.1
92.3.4.2
92.3.4.3
92.3.4.4
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When the CLEC is provisioning the 911 trunks, the CLEC
will be charged a monthly recurring and one-time selective
router port charge per trunk to establish the connection to
each applicable SR that provides connectivity for incoming
911 trunks to enable CLEC access to the emergency
services network.
Once 911 Trunks have been established and tested
between CLEC and appropriate SRs, CLEC or its agent
shall be responsible for providing CLEC's End User
records to CenturyLink for inclusion in CenturyLink's ALI
database.
CLEC shall assign a 911 database coordinator charged
with the responsibility of forwarding CLEC End User ALI
record information to CenturyLink.
CLEC shall provide initial and ongoing updates of CLEC's
911 records that are MSAG-valid in electronic format
based upon established NENA standards. CLEC shall
provide information on new subscribers to CenturyLink
within one (1) Business Day of the order completion.
CenturyLink shall update the database within two (2)
Business Days of receiving the data from CLEC. lf
CenturyLink detects an error in the CLEC provided data,
the data shall be returned to the Company lD owner within
two (2) Business Days from when it was provided to
Centurylink. CLEC shall respond to requests from
Centurylink to make corrections to database record errors
by uploading corrected records within two (2) Business
Days. Manual entry shall be allowed only in the event that
the system is not functioning properly or if CenturyLink has
specifically agreed pursuant to separate written terms
setting forth such arrangements, including compensation at
the rates found in Table One.
CLEC assumes all responsibility for the accuracy of the
data that CLEC or their agent provides to CenturyLink.
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92.3.4.5 CLEC shall adopt use of a Company lD on all CLEC 911
Records in accordance with NENA standards. The
Company lD is used to identify the carrier of record in
facility config urations.
CLEC shall be solely responsible for providing test records
and conducting call-through testing on all new exchanges.
92.3.4.6
92.3.5 Other
92.3.5.1 CenturyLink Communications LLC,shall obtain its own
pANls for each PSAP to which CenturyLink provides or
shall provide coverage, and shall supply these pANls to
CenturyLink for the Selective Routers servicing each such
PSAP. lf warranted by traffic volume growth, or if upon
request by a PSAP or other governmental or quasi-
governmental entity, CenturyLink Communications
LLC,shall promptly obtain the appropriate number of
additional pANls to be allocated to each PSAP as may be
appropriate under the circumstances.
92.3.5.2 CenturyLink Communications LLC,is responsible for
collecting from its retail End Users any applicable 911
surcharges required by law to be assessed and remit such
surcharges to the appropriate entity or entities specified by
law.
92.4 Responsibilities of Both Parties
92.4.1 The Parties shall jointly coordinate the provisioning of transport capacity
sufficient to route originating 911 calls from CenturyLink Communications
LLC,to the designated CenturyLink 911 Selective Router(s).
92.4.2 Where SS7 connectivity is available and required by the applicable
PSAP, the Parties agree to implement Common Channel Signaling
trunking rather than CAMA MF trunking.
92.4.3 CenturyLink and CenturyLink Communications LLC,will cooperate to
promptly test all trunks and facilities between CenturyLink
Communications LLC,'s switch and the CenturyLink SR(s) in accordance
with industry standards.
92.4.4 CenturyLink Communications LLC,is responsible for the isolation,
coordination and restoration of all 911 network maintenance problems on
its network (including any facilities not from CenturyLink). Centurylink will
be responsible for the isolation, coordination and restoration of all 911
network maintenance problems on its network. CenturyLink
Communications LLC,is responsible for advising CenturyLink of the 2-6
code (TSC) and the fact that the trunk group is a 911 trunk group when
notifying CenturyLink of a failure or outage. The Parties agree to work
cooperatively and expeditiously to resolve any 911 outage. CenturyLink
will refer network trouble to CenturyLink Communications LLC,if no defect
is found in CenturyLink's 911 network. The Parties agree that 911
network problem resolution will be managed expeditiously at all times.
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92.5 CenturyLink 911 Transit Service
92.5.1 When CenturyLink is not the Primary 911 Service Provider, CenturyLink
may provide a 911 transit service to transport CenturyLink
Communications LLC,'s 911 calls to the primary 911 Service Provider
designated by the applicable PSAP(s). This section becomes applicable
when CenturyLink Communications LLC,utilizes 911 transit service from
CenturyLink. Such 911 transit service is subject to the rates set forth in
Table One, which 911 transit charges shall be in addition to any
applicable charges for 911 Service provided to CenturyLink
Communications LLC,.
92.5.2Where CenturyLink Communications LLC,utilizes CenturyLink's 911
transit service:
92.5.2.1 CenturyLink Communications LLC,holds CenturyLink
harmless from and against any liability to CenturyLink
Communications LLC,or its end users arising from any
failure by PSAP(s) or their designated agent(s) to properly
route, receive or respond to 911 calls.
92.5.2.2 CenturyLink Communications LLC,will take appropriate
steps to notify all PSAP(s) within CenturyLink
Communications LLC,'s service territory with accurate'
contact information, including a name and telephone
number that can be used by the PSAP(s) to reach
CenturyLink Communications LLC,in the event of 911
network problems or an emergency requiring availability ofa contact. CenturyLink shall have no liability to
CenturyLink Communications LLC,arising out of any failure
by the CenturyLink Communications LLC,to provide
PSAP(s) with appropriate contact information, and to
update such information as needed. CenturyLink shall be
entitled to immediately terminate 911 transit service to the
CenturyLink Communications LLC,if CenturyLink is
advised by any applicable PSAP(s) that CenturyLink
Communications LLC,has not provided the PSAP(s) with
appropriate contact information.
92.5.2.3 CenturyLink Communications LLC,indemnifies CenturyLink
from and against fees or charges, if any, that a third party
might seek to assess for transporting CenturyLink
Communications LLC,'s 911 calls beyond the point of
interconnection established between CenturyLink and the
PSAP(s) designated agent or the primary 911 Service
Provider.
92.6 Methods and Practices
92.6.1 Each Party will comply with all of the following to the extent that they
apply to 91't Service: (i) all FCC and applicable state Commission rules
and regulations, (ii) any requirements imposed by any Governmental
Authority other than a Commission.
92.7 Ordering
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92.7.1 CenturyLink Communications LLC,will identify geographic territory
CenturyLink Communications LLC,will provide service in trunk forecast
submitted to CenturyLink. CenturyLink Communications LLC,will be
informed of the applicable SR(s) and configuration required by
CenturyLink as part of the pre-ordering process.
92.7.2 CenturyLink Communications LLC,is responsible for contacting
appropriate PSAP(s) or state entity(ies) that have jurisdiction in the
geographic area(s) in which CenturyLink Communications LLC,is
implementing service in, and to provide required information to such
PSAP(s) or government entities as required by such PSAP(s) or
government entities prior to initiating the pre-ordering process for 911
Service provided by CenturyLink.
92.8 Basis of Compensation
92.8.1 Compensation to CenturyLink for provision of 911 Service will be in
accordance with the charges set forth in Table One.
92.8.2 Charges will begin on the date of connection to 911 service.
92.8.3 ln satisfaction of CenturyLink Communications LlC,orders or requests
related to 911 Service, CenturyLink may be required to make
expenditures or otherwise incur costs that are not otherwise listed in this
Section. ln such event CenturyLink is entitled to reimbursement from
CenturyLink Communications LLC,for all such costs provided that
CenturyLink first notifies CenturyLink Communications LLC,of the costs
and obtains CenturyLink Communications LLC,'s concurrence to proceed
with fulfilling the order or request. For all such costs and expenses
CenturyLink shall receive through individual case basis (lCBs) non-
recurring charges (NRCs) the actual costs and expenses incurred,
including labor costs and expenses, overhead and fixed charges, and
may include a reasonable contribution to CenturyLink's common costs.
92.9 Liability
92.9.1 911 Service is provided by CenturyLink subject to State statutory
limitation of liability and the following subsections.
92.9.2 CenturyLink's entire liability to CenturyLink Communications LLC,or any
person for interruption or failure of any aspect of 911 Service shall be
limited by the terms set forth in this Section, and in any sections of other
Articles which apply to the provision of services by CenturyLink. 911
Service is offered solely to assist CenturyLink Communications LLC,in
providing 911 Service to its End Users in conjunction with applicable fire,
police, and other public safety agencies. By providing 9'll Service to
CenturyLink Communications LlC,CenturyLink does not create any
relationship or obligation, direct or indirect, to any third party other than
CenturyLink Communications LLC,. CenturyLink shall not be liable for
any mistakes, omissions, interruptions, delays, errors or defects in
transmission or service caused or contributed to by acts or omissions act
of any person other than CenturyLink, or arising from the use of
CenturyLink Communications LLC,provided facilities or equipment.
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92,9.3 CenturyLink shall not be liable for damages, whether in contract, tort, or
otherwise, caused by an act or omission of CenturyLink in the good faith
release of information not in the public record, including nonpublished or
nonlisted subscriber information to PSAPs or other agencies responding
to calls using such information to provide a 911 Service.
92.9.4 lt is the obligation of CenturyLink Communications LLC,to properly route
all 911 calls from Centurylink Communications LLC,'s End Users.
CenturyLink shall not have any responsibility for 911 calls that carry
foreign dial tone, whether they originate within or outside of CenturyLink
Communications LLC,'s service area.
93. DIRECTORY ASSISTANCE
93.1 The Parties acknowledge that CenturyLink is not a Directory Assistance (DA)
provider. CenturyLink provides directory listings information for its subscribers to
third party DA providers to be included in the national and local databases used
by such third party providers. The Parties agree that to the extent the DA
provider contracted by CenturyLink Communications LLC,for DA services to
CenturyLink Communications LLC,'s subscribers also populates the national DA
database, then CenturyLink Communications LLC,'s DA listings have been made
available to CenturyLink's subscribers and no further effort is needed by eitherParty. lf for any reason, CenturyLink Communications LLC,desires that
CenturyLink act as a middleman conduit for the placement of CenturyLink
Communications LLC,'s DA listings in the DA database(s), then CenturyLink shall
provide such compensable DA listings service pursuant to separate DA terms
between CenturyLink and CenturyLink Communications LlC,which will be
attached to this Agreement as an Amendment.
94. DIRECTORY LISTINGS SERVICE
94.1 These requirements pertain to CenturyLink's Listings Service Request process
that enables CenturyLink Communications LLC,to (i) submit CenturyLink
Communications LlC,subscriber information for inclusion in Directory Listings
databases; and (ii) submit Centurylink Communications LLC,subscriber
information for inclusion in published directories.
94.2 When implemented by the Parties, CenturyLink shall accept orders on a real-time
basis via electronic interface in accordance with OBF Directory Service Request
standards within three (3) months of the effective date of this Agreement. ln the
interim, CenturyLink shall create a standard format and order process by which
CenturyLink Communications LLC,can place an order with a single point of
contact within CenturyLink.
94.3 CenturyLink will provide to CenturyLink Communications LLC,the following
Directory Listing Migration Options:
94.3.1 Migrate "As ls". Retain all white page listings for the subscriber in both
DA and DL. Transfer ownership and billing for white page listings to
CenturyLink Communications LLC,.
94.3.2 Migrate with Changes. lncorporate the specified changes (e.9., additional
listings order, deletions, or other changes to existing listing information).
Transfer ownership and billing for the white page listings to CenturyLink
Communications LLC,.
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94.3.3 CenturyLink shall update and maintain directory listings information to
reflect which of the following categories CenturyLink Communications
LLC,subscribers fall into:
a. 'LISTED" means the listing information is available for all directory
requirements;
b. 'NON-LISTED" means the listing information is available for all
directory requirements, but the information does not appear in the
published street directory;
c. "NON-PUBLISHED' means that a directory service may confirm,
by name and address, the presence of a listing, but the telephone
number is not available. The listing information is not available in
either the published directory or directory assistance.
94.4 Based on changes submitted by CenturyLink Communications LLC, CenturyLink
shall update and maintain directory listings data for CenturyLink Communications
LLC, subscribers who:
94.4.1 Disconnect Service;
94.4.2 Change Local Provider;
94.4.3 lnstall Service;
94.4.4 Change any service which affects DA information;
94.4.5 Specify Non-Solicitation; and
94.4.6 Change categories from Non-Published, Non-Listed, or Listed.
94.5 The charge for storage and maintenance of CenturyLink Communications LLC,
subscriber information in the DL system is included in the rates where
CenturyLink Communications LLC, is buying UNE Loops or resold services with
respect to specific addresses. lf CenturyLink Communications LLC, does not
purchase UNE Loops or resold services, CenturyLink Communications LLC, shall
pay for such storage and maintenance services at the rate reflected on Table 1.
94.6 Centurylink Communications LLC, acknowledges that certain directory functions
are not performed by CenturyLink but rather are performed by and are under the
control of the directory publisher, and CenturyLink shall not have any liability to
CenturyLink Communications LLC,for any acts or omissions of the publisher.
94.7 CenturyLink Communications LLC, acknowledges that for a CenturyLink
Communications LLC, subscriber's name to appear in a directory, CenturyLink
Communications LLC, must either (i) submit an LSR (e.9. an LNP order) or a
Directory Service Request (DSR) reflecting a request for directory listing, or (ii)
contract directly with the publisher. lf CenturyLink Communications LLC, wants
to delete a subscriber listing from CenturyLink's database (e.9. if CenturyLink
Communications LLC, contracts directly with the publisher), CenturyLink
Communications LLC,must submit an appropriate LSR (such as an LNP order) or
a DSR. All orders will be subject to applicable charges reflected on Table 1.
94.8 CenturyLink Communications LLC, shall provide directory listings to CenturyLink
pursuant to the directory listing and delivery requirements in the data format
currently used by CenturyLink, at a mutually agreed upon timeframe. Other
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formats and requirements shall not be used unless mutually agreed to by the
parties.
94.9 TraditionalWhitePagesListings.
94.9.1 CenturyLink shall include in its master subscriber system database all
white pages listing information for CenturyLink Communications
LLC,subscribers whose information was properly submitted a DSR.
94.9.2 When CenturyLink Communications LLC, purchases UNE Loops or
resold services at a specific address, one basic White pages listing for
each CenturyLink Communications LLC, End User is included in the rates
or the Resale discount in Table 1. lf CenturyLlnk Communications
LLC,requests a listing for an address where CenturyLink Communications
LLC, is not buying UNE Loops or resold services, CenturyLink
Communications LLC, shall pay for all requested listings for such address
at the rate reflected on Table 1. A basic White Pages listing is defined as
a customer name, address and one primary telephone number.
94.9.3 CenturyLink Communications LLC, agrees to provide customer listing
information for CenturyLink Communications LLC,'s subscribers to
CenturyLink, at no charge. CenturyLink will provide CenturyLink
Communications LLC, with the appropriate format for provision of
CenturyLink Communications LLC, customer listing information to
Centurylink. The parties agree to adopt a mutually acceptable electronic
format for the provision of such information as soon as practicable.
94.9.4 CenturyLink Communications LLC,will be charged a Service Order entry
fee upon submission of Service Orders into CenturyLink's Service Order
Entry (SOE) System. Service Order entry fees apply when Service
Orders containing directory records are entered into CenturyLink's SOE
System initially, and when Service Orders are entered in order to process
a requested change to directory records.
94.9.5 CenturyLink Communications LLC, customer listing information will be
used solely for the provision of directory services, including the sale of
directory advertising to CenturyLink Communications LLC, customers.
94.9.6 ln addition to a basic White Pages listing, CenturyLink will provide
Tariffed White Pages listings (e.9., additional, alternate, foreign and non-
published listings) for CenturyLink Communications LLC, to offer for
resale to Centurylink Communications LLC,'s customers.
94.9.7 CenturyLink will accord CenturyLink Communications LlC,customer
listing information the same level of confidentiality that CenturyLink
accords its own proprietary customer listing information, Centurylink
shall ensure that access to CenturyLink Communications LlC,customer
proprietary listing information will be limited solely to those of CenturyLinkand CenturyLink's directory publisher's employees, agents and
contractors that are directly involved in the preparation of listings, the
production and distribution of directories, and the sale of directory
advertising. CenturyLink will advise its own employees, agents and
contractors and its directory publisher of the existence of this
confidentiality obligation and will take appropriate measures to ensure
their compliance with this obligation.
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94.9.8 CenturyLink will provide CenturyLink Communications LLC,'s customer
listing information to any third party to the extent required by Applicable
Rules.
94.10 Other Directory Services.
94.1 0.1 Both parties acknowledge that CenturyLink's directory publisher is
not a party to this Agreement and that the provisions contained in
this agreement are not binding upon CenturyLink's directory
publisher.
CenturyLink agrees to include critical contact information
pertaining to CenturyLink Communications LLC,in the "lnformation
Pages" of those of its White Pages directories containing
information pages, if CenturyLink Communications LLC,meets
criteria established by its directory publisher. Critical contact
information includes CenturyLink Communications LLC,'s
business office number, repair number, billing information number,
and any other information required to comply with applicable
regulations, but not advertising or purely promotional material.
CenturyLink Communications LLC,will not be charged for inclusionof its critical contact information. The format, content and
appearance of CenturyLink Communications LLC,'s critical
contact information must conform to applicable directory
publisher's guidelines and will be consistent with the format,
content and appearance of critical contact information pertaining
to all CenturyLink Communications LLC,s in a directory.
The directory publisher shall maintain full authority as publisher
over its publishing policies, standards and practices, including
decisions regarding directory coverage area, directory issue
period, compilation, headings, covers, design, content or format of
directories, and directory advertising sales.
94.10.2
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94.10.3
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ARTICLEIX. COLLOCATION
95, SCOPE OF COLLOCATION TERMS
95.1 CenturyLink will provide Collocation to CenturyLink Communications LLC,in
accordance with this Agreement for the purposes of lnterconnection to
CenturyLink pursuant to the Act (including 47 USC S251(c)(2)) and for obtaining
access to CenturyLink's UNEs pursuant to the Act (including 47 USC S251(cX3)).
Collocation shall be provided on a nondiscriminatory basis, on a "first-come, first-
served" basis, and otherwise in accordance with the requirements of the Act
(including 47 USC $251(c)(6)).
95.2 Prices and fees for collocation and other services under this Agreement are
contained in Table 2. ln the event CenturyLink has or files Tariffs for pricing of
collocation and other services covered by this agreement, such pricing in the
Tariffs will control over Table 2 as of the date the Tariff becomes effective.
95.3 This Agreement states the general terms and conditions upon which CenturyLink
will grant to CenturyLink Communications LLC, the non-exclusive right to gain
access to and occupy the Collocation Space, and other associated facilities as
may be necessary, for the sole and exclusive purpose of providing
telecommunications service upon submission of an approved and provisioned
Application for collocation service. Such service will be provided by installing,
maintaining and operating CenturyLink Communications LLC,'s equipment, which
will interconnect with Telecommunications Services and facilities provided by
CenturyLink or others in accordance with this Agreement.
96. TERMINATION OF COLLOGATION SPACE
96.1 Centurylink Communications LLC,may terminate occupancy in a particular
Collocation Space upon thirty (30) Days prior written notice to CenturyLink.
Upon termination of such occupancy, CenturyLink Communications LLC,at its
expense shall remove its equipment and other property from the Collocation
Space. CenturyLink Communications LlC,shall have thirty (30) Days from the
termination date to complete such removal, including the removal of all
equipment and facilities of CenturyLink Communications LLC,'s Guests;
provided, however, that CenturyLink Communications LLC,shall continue
payment of monthly fees to CenturyLink until such date as CenturyLink
Communications LLC,has fully vacated the Collocation Space. CenturyLink
Communications LLC,will surrender the Collocation Space to CenturyLink in the
same condition as when first occupied by Centurylink Communications
LLC,except for ordinary wear and tear.
96.2 CenturyLink Communications LlC,shall be responsible for the cost of removing
any enclosure, together with all supporting structures (e.9., racking, conduits), of
an Adjacent Collocation arrangement at the termination of occupancy and
restoring the grounds to their original condition.
96.3 Upon termination of CenturyLink Communications LLC,'s right to possession of a
Collocation Space, Centurylink Communications LLC, shall surrender
possession and vacate the Collocation Space within ninety (90) Days.
96.4 Should CenturyLink under any Section of this Agreement remove any of
CenturyLink Communications LLC,'s equipment from its collocation space,
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CenturyLink will deliver to CenturyLink Communications LLC, any equipment
removed by CenturyLink only upon payment by CenturyLink Communications
LLC,of the cost of removal, storage and delivery, and all other amounts due
CenturyLink under this Agreement. Should CenturyLink Communications LLC,
fail to remove any of its equipment deemed abandoned, title thereto shall pass to
CenturyLink under this Agreement as if by a Bill of Sale. Nothing herein shall
limit CenturyLink from pursuing, at its option, any other remedy in law, equity, or
otherwise related to CenturyLink Communications LLC,'s occupancy in the
Collocation Space, including any other remedy provided in this Agreement.
96.5 CenturyLink Communications LLC, shall surrender all keys, access cards and
CenturyLink-provided photo ldentification cards to the Collocation Space and the
Building to CenturyLink, and shall make known to CenturyLink the combination of
all combination locks remaining on the Collocation Space.
96.6 lf it becomes necessary in Centurylink's reasonable judgment, and there are no
other reasonable alternatives available, CenturyLink shall have the right, for good
cause shown, and upon thirty (30) Days prior notice, to reclaim the Collocation
Space or any portion thereof, any lnner Duct, Outside Cable Duct, Cable Vault
space or other CenturyLink-provided facility in order to fulfill its common carrier
obligations, any order or rule of the State Commission or the FCC, or
CenturyLink's Tariffs to provide Telecommunications Services to its End User
customers. ln such cases, CenturyLink will reimburse CenturyLink
Communications LLC,, for reasonable direct costs and expenses in connection
with such reclamation.
96.7 lf it becomes necessary in Centurylink's reasonable judgment, and there are no
other reasonable alternatives, CenturyLink shall have the right to require
CenturyLink Communications LLC,to move to equivalent space in the Premises
upon receipt of sixty (60) Days written notice from CenturyLink, in which event,
CenturyLink shall pay all moving costs, and the contractual monthly fees paid by
CenturyLink Communications LLC,for the affected collocation shall remain the
same.
97. COLLOCATION OPTIONS
97.1 CenturyLink will offer Collocation Space to allow CenturyLink Communications
LLC,to collocate its equipment and facilities, and without requiring the
construction of a cage or similar structure. CenturyLink shall make cageless
collocation available in single bay increments. For equipment requiring special
technical considerations, CenturyLink Communications LLC,must provide the
equipment layout, including spatial dimensions for such equipment pursuant to
generic requirements contained in Telcordia GR-63-Core and shall be
responsible for constructing all special technical requirements associated with
such equipment pursuant to this Agreement.
97.2 Where space permits, Centurylink will authorize the enclosure of CenturyLink
Communications LLC,'s equipment and facilities at Centurylink Communications
LLC,'s option. CenturyLink will provide guidelines and specifications upon
request. Based on CenturyLink Communications LLC,'s request, space and
cage enclosures in amounts as small as that sufficient to house and maintain a
single rack or bay or equipment will be made available. At CenturyLink
Communications LLC,'s option, CenturyLink will permit CenturyLink
Communications LLC,to arrange with a third party vendor to construct a
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Collocation Arrangement enclosure at CenturyLink Communications LLC,'s sole
expense. CenturyLink Communications LLC,'s third party vendor will be
responsible for filing and receiving any and all necessary permits and/or licensesfor such construction. The third party vendor shall bill CenturyLink
Communications LlC,directly for all work performed for CenturyLink
Communications LLC,and CenturyLink will have no liability for nor responsibilityto pay such charges imposed by the third party vendor. CenturyLink
Communications LLC,must provide the local CenturyLink Building contact with
one Access key used to enter the locked enclosure. Except in case of
emergency, CenturyLink will not access CenturyLink Communications LLC,'s
locked enclosure prior to notifying CenturyLink Communications LLC,and
obtaining authorization.
97.2.1 CenturyLink has the right to review CenturyLink Communications LLC,'s
plans and specifications prior to allowing construction to start.
CenturyLink will complete its review within fifteen (15) Days of receipt of
such plans. CenturyLink has the right to inspect the enclosure after
construction to make sure it is constructed according to the submitted
plans and specifications. CenturyLink can require CenturyLink
Communications LLC,to remove or conect, at its cost, any structure that
does not meet these plans.
97.3 CenturyLink Communications LLC,may allow other Telecommunications Carriers
to share its caged collocation arrangement pursuant to terms and conditions
agreed to by CenturyLink Communications LLC,(Host) and other
Telecommunications Carriers (Guests). CenturyLink Communications LLC,will
notify CenturyLink in writing upon execution of any agreement between the Host
and its Guest within twelve (12) Days of its execution. Further, such notice shall
include the name of the Guest(s) and their term of agreement, and shall contain
a certification by CenturyLink Communications LLC,that said agreement imposes
upon the Guest(s) the same terms and conditions (excluding rates) for
collocation space as set forth in this Agreement.
97.3.1 As Host, CenturyLink Communications LLC,will be the sole interface and
responsible party to CenturyLink for the purpose of submitting
applications for initial and additional equipment placements of Guest (to
the extent required under other Sections of this Agreement); for
assessment and payment of rates and charges applicable to the
Collocations space; and for the purposes of ensuring that the safety and
security requirements of this Agreement are fully complied with by the
Guest, its employees and agents. ln making shared cage arrangements,
CenturyLink will not increase the cost of site preparation or nonrecurring
charges above the cost of provisioning a similar caged arrangement to a
CenturyLink Communications LLC,.
97.3.2 CenturyLink will not place unreasonable restrictions on CenturyLink
Communications LLC,'s use of a cage, and as such will allow CenturyLink
Communications LLC,to contract with other CenturyLink Communications
LLC,s to share the cage in a sublease type arrangement. lf two (2) or
more CenturyLink Communications LLC,s that have interconnection
agreements with CenturyLink utilize a shared collocation cage,
CenturyLink will permit each CenturyLink Communications LLC,to order
UNEs and provision service from the shared collocation space,
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regardless of which CenturyLink Communications LLC,was the original
collocator.
97.3.3 lf Host terminates a Collocation Arrangement, Host will provide Guest
thirty (30) Days notice. Guest will assume all obligations and rights of
Host as to that Collocation Arrangement if Guest remains in the
Collocation Space, including payment of all charges.
97.4 CenturyLink will provide adjacent collocation arrangements (Adjacent
Arrangement) where space within the Premises is legitimately exhausted, subject
to technical feasibility. Both Parties will mutually agree on the location of the
designated space on the CenturyLink property where the adjacent structure
(such as a controlled environment vault or similar structure) will be placed. lf a
mutual agreement cannot be reached, CenturyLink will decide the location,
subject to zoning or other State and local regulations and future use by
CenturyLink or other requesting Telecommunications Carriers pursuant to an
application submitted under Section 99.
97.4.1 CenturyLink Communications LLC,will provide a concrete pad, the
structure housing the arrangement, HVAC, lighting, and all facilities that
connect the structure (i.e., racking, conduits, etc.) to the CenturyLink
Point of lnterconnection. Should CenturyLink Communications LLC,elect
such an option, CenturyLink Communications LLC,must arrange with a
third party vendor to construct an Adjacent Arrangement structure in
accordance with this Agreement.
97.4.2 CenturyLink maintains the right to review CenturyLink Communications
LLC,'s plans and specifications prior to construction of an Adjacent
Arrangement(s). CenturyLink will complete its review within thirty (30)
Days of site selection and receipt of plans. Except that such time period
may be extended if any delay is due to the actions of CenturyLink
Communications LLC,. CenturyLink may inspect the Adjacent
Arrangement(s) following construction and prior to commencement to
ensure the design and constructioncomply with submitted plans.
CenturyLink may require CenturyLink Communications LLC,to correct any
deviations from approved plans found during such inspection(s).
97.4.3 CenturyLink will only permit DC power to be used for collocated
equipmentand CenturyLink Communications LLC,shall obtain such powerfor its collocated equipment from CenturyLink. CenturyLink
Communications LlC,agrees to convert any existing self-provided power
equipment to CenturyLink-provided power within a reasonable timeframe,
not to exceed six months, after the execution of this Agreement.
CenturyLink will provide 1 10v AC power for occasional technician
courtesy use, as requested, subject to it being technically feasible.
97.4.4 Subject to CenturyLink Communications LlC,being on the waiting list, in
the event that space in a CenturyLink Premises becomes available,
CenturyLink will provide the option to CenturyLink Communications
LLC,to relocate its equipment from an Adjacent Facility into the
CenturyLink Premises. ln the event CenturyLink Communications
LlC,chooses to relocate its equipment, appropriate charges will apply,
including charges to vacate the adjacent collocation arrangement and
charges applicable for collocation within the Centurylink Premises.
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97.5 To the extent possible, CenturyLink will provide CenturyLink Communications
LLC,with contiguous space for any subsequent request for Physical Collocation
space, but makes no assurances that contiguous space will be available.
97.6 CenturyLink will provide Virtual Collocation in accordance with Applicable Law.
97.6.1 CenturyLink Communications LLC,must purchase the electronic and
peripheral equipment that meets applicable FCC requirements, and in
consideration of $1 and the other benefits derived by CenturyLink
Communications LLC,from such virtual collocation arrangement,
CenturyLink Communications LLC,will lease such equipment to
CenturyLink for the sole purpose of having CenturyLink install and
maintain the equipment in accordance with terms and conditions of this
Agreement. Upon termination of the Virtual Collocation arrangement,
CenturyLink Communications LLC,is responsible for the cost of removing
the equipment from the Premises.
97.6.2 CenturyLink does not assume any responsibility for the design,
engineering, testing or performance for the end-to-end connection of
CenturyLink Communications LLC,'s equipment, arrangement or facilities.
97.6.3 CenturyLink will install, maintain, and repair CenturyLink Communications
LLC,'s equipment needed for the Virtual Collocation within the same time
periods and with failure rates that are no greater than those that apply to
the performance of similar functions for comparable equipment of
CenturyLink, CenturyLink's Affiliates or third parties. Rates for these
services will be developed during the application process and must be
accepted by CenturyLink Communications LlC,prior to CenturyLink's
commencement of work. The following services are not covered by this
Agreement:
a. services to resolve software or hardware problems resulting from
products provided by parties other than Centurylink or causes
beyond the control of Centurylink;
b. service of attached, related, collateral or ancillary equipment or
software not covered by this Section;
c. repairing damage caused to CenturyLink Communications LLC,'s
Virtually Collocated equipment by persons other than CenturyLink,
or its authorized contractors, or
d. repairing damage to other property or equipment caused by
operation of CenturyLink Communications LLC,'s collocated
equipment and not caused by the sole negligence of CenturyLink.
97.6.4 CenturyLink Communications LlC,warrants that CenturyLink shall have
quiet enjoyment of the Virtually Collocated equipment. CenturyLink will be
entitled to the benefit of any applicable manufacturer's warranties and
indemnities and, to the extent assignable, such warranties and
indemnities are hereby assigned by CenturyLink Communications LLC,for
the benefit of CenturyLink and CenturyLink Communications LLC,shall
take all reasonable action to enforce such warranties and indemnities
where available to CenturyLink. CenturyLink Communications LLC,shall
execute, upon presentation, such documents and instruments as may be
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required to allow CenturyLink manufacturer's warranty coverage for any
equipment. CenturyLink Communications LlC,warrants that it has full
authority to lease the equipment under the terms and conditions set forth
herein and that there are no restrictions, legal or otherwise, which would
preclude it from so doing.
a. ln the event CenturyLink's right to quiet enjoyment is breached,
either by CenturyLink Communications LLC,'s failure to make or
cause to be made payment to the equipment manufacturer of the
full purchase price for the equipment when such payment
becomes due, or othenruise, CenturyLink may give written noticeto CenturyLink Communications LLC,and all of CenturyLink's
obligations relating to the affected equipment shall terminate
immediately.
97.6.5 CenturyLink's preparation, if any, of the Premises (e.9., Power,
environmental, etc.) for the Virtual Collocation equipment will be charged
to CenturyLink Communications LLC,at rates on Table 2 or as filed in a
Tariff and approved by the Commission.
98. DEMARCATION POINT
98.1 CenturyLink will designate the point of demarcation between CenturyLink's
equipment and CenturyLink Communications LLC,'s collocated equipment, which
point of demarcation shall be in or adjacent to its Collocation Space unless
otherwise mutually agreed to by the Parties. At CenturyLink Communications
LLC,'s request, CenturyLink will identify the location(s) of other possible
demarcation points available to CenturyLink Communications LLC,and
CenturyLink Communications LLC,will designate from these location(s) the
point(s) of demarcation between its collocated equipment and CenturyLink's
equipment. CenturyLink will use its best efforts to identify the closest
demarcation point to CenturyLink Communications LLC,'s equipment that is
available.
98.2 Each Party will be responsible for maintenance and operation of all
equipmenUfacilities on its side of the demarcation point.
98.3 At CenturyLink Communications LLC,'s option and expense, a point of
termination (POT) bay, frame or digital cross-connect may be placed in or
adjacent to the Collocation Space that may, at CenturyLink Communications
LLC,'s option, serve as the demarcation point. lf CenturyLink Communications
LLC,elects not to provide a POT frame, CenturyLink will agree to handoff the
lnterconnection cables to CenturyLink Communications LLC,at its equipment, at
Centurylink Communications LLC,'s designated demarcation point. When
Centurylink Communications LLC,elects to install its own POT frame/cabinet,
CenturyLink must still provide and installthe required DC power panel.
99. APPLICATION PROCESS
99.1 Upon Centurylink Communications LLC,'s selection of a Premises in which it
desires to collocate its Equipment, CenturyLink Communications LLC,can find
the then current collocation application form (the "Application) on CenturyLink's
website. CenturyLink Communications LLC,will submit an Application when
initially requesting Collocation Space, or modifying the use of the Collocation
Space. The Application shall contain a detailed description and schematic
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drawing of the equipment to be placed in CenturyLink Communications LLC,'s
Collocation Space(s), the amount of square footage required (or, in the case of
Cageless Collocation, bay space) for the current year plus the next calendar year
from the date of application, as well as the associated power requirements, floor
loading, and heat release of each piece.
99.1.1 CenturyLink Communications LLC,will complete the Application, and
return it, along with the appropriate Application Fee, to CenturyLink. The
Application shall include complete details of the collocation and
lnterconnection requested, including, but not limited to, specific floor
space, power, and environmental conditioning requirements. Centurylink
will not process an Application until both the Application and the
applicable Application fee are received.
99.1.2 ln the event CenturyLink Communications LlC,desires to modify or
decommission the use of the Collocation Space in a manner that requires
additional engineering or preparation work by CenturyLink (an "Augment),
CenturyLink Communications LLC,will complete a subsequent Application
detailing all information regarding the modification to the Collocation
Space together with payment of the appropriate Application Augment
Fee. Such modifications to the Premises may include but are not limitedto, floor loading changes, changes necessary to meet HVAC
requirements, changes to power plant requirements, and equipment
additions. ln addition to the Application Augment Fee, CenturyLink
Communications LLC,will pay all such charges billed by CenturyLink to
recover the direct costs of work performed for CenturyLink
Communications LLC,'s benefit.
99.1.3 Where CenturyLink Communications LlC,modifies the use of the
Collocation Space or adds equipment that requires no additional
engineering or preparation work on the part of CenturyLink, Centurylink
will not impose additional charges or additional intervals that would delay
CenturyLink Communications LLC,'s operation. CenturyLink
Communications LLC,will notify CenturyLink of the modifications or
additional equipment prior to installation.
99.2 lf CenturyLink Communications LlC,wishes CenturyLink to consider multiple
methods for collocation on a single Application, CenturyLink Communications
LLC,will need to include in each Application a prioritized list of its preferred
methods of collocating (e.9., caged, shared, or other), as well as adequate
information, (e.9., specific layout requirements, cage size, number of bays,
requirements relative to adjacent bays, etc.) for Centurylink to process the
Application for each of the preferred methods. lf CenturyLink Communications
LlC,provides adequate information and its preferences with its Application,
CenturyLink may not require an additional Application, nor would CenturyLink
Communications LLC,be required to restart the quotation interval should its first
choice not be available in a requested Premises. Only one collocation
arrangement will be provisioned per Application. CenturyLink will not select for
CenturyLink Communications LLC,the type of collocation to be ordered.
99.3 Within ten (10) Days after receiving CenturyLink Communications LLC,'s
Application for collocation, CenturyLink will inform Centurylink Communications
LLC,whether the Application meets each of CenturyLink's established collocation
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standards. Should CenturyLink Communications LLC,submit a revised
Application curing any deficiencies in an Application for collocation within ten
Days after being informed of them, CenturyLink Communications LLC,shall retain
its original position within any collocation queue that CenturyLink maintains. lf
CenturyLink informs CenturyLink Communications LLC,that there is a deficiency
in an Application, CenturyLink will provide sufficient detail so that CenturyLink
Communications LLC,has a reasonable opportunity to cure each deficiency.
99.4 All revisions to an initial request for a Physical Collocation Arrangement
submitted by CenturyLink Communications LLC,must be in writing. A new
interval for the Physical Collocation Arrangement will be established which shall
not exceed two months beyond the originally established date. CenturyLink
Communications LLC,will be required to pay any applicable Application fees.
99.5 CenturyLink shall provide confirmation of space availability within ten (10) Days
of receipt of a complete and accurate Application and applicable Application fee
for one (1) to flve (5)Applications submitted. Space availability response will be
increased by flve (5) Days for every five (5) additional Applications received.
99.5.1 CenturyLink will notify CenturyLink Communications LLC,in writing as to
whether its request for Collocation Space has been granted or denied due
to lack of space. The notification will also include a possible future space
relief date, if applicable.
99.5.2 ln order to increase the amount of space available for collocation,
CenturyLink will, upon request, remove obsolete unused equipment, from
its Premises to increase the amount of space available for collocation.
99.6 After notifying CenturyLink Communications LLC,that CenturyLink has no
available space for Physical Collocation in the requested Central Office (Denial of
Application), CenturyLink will allow CenturyLink Communications LLC,upon
request, to tourthe entire Central Office within ten (10) Days, or other mutually
agreeable timeframe, of such Denial of Application. ln order to schedule said
tour the request for a tour of the Central Office must be received by CenturyLink
within flve (5) Days of the Denial of Application.
99.6.1 lf CenturyLink Communications LlC,contests CenturyLink's notice that
there is not sufficient space for Physical Collocation in the Central Office,
the matter will be handled pursuant to the Dispute Resolution provisions
of this Agreement, and the parties agree to request expedited resolution
of the dispute if the dispute is ultimately submitted to the State
Commission for determination as to whether or not CenturyLink meets the
demonstration requirement of $251(c)(6) of the Act. lf the Commission
determines that space is not available, CenturyLink will not be required to
conduct a review of floor space availability in the same central office more
frequently than once every six (6) months.
99.6.2 On a first come, first serve basis, CenturyLink will maintain a waiting list
of requesting carriers who have either (i) received a Denial of Application
for lack of space, or (ii) have submitted a Letter of lntent to collocate
where it is publicly known that the Premises is out of space, Centurylink
will place CenturyLink Communications LLC,on the waiting list for
collocation in a particular Premises according to the date Centurylink
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Communications LLC,submitted its complete Application, together with
the applicable fee, and not the date of denial for lack of space.
99.6.3 CenturyLink will simultaneously notify the Telecommunications Carriers
on the waiting list when space becomes available if there is enough
space to accommodate additional collocation. Subsequent to the
granting of a Petition for Waiver, if CenturyLink Communications LLC,has
been denied Physical Collocation space at a CenturyLink Premises and
challenges CenturyLink on space availability at said Premises,
CenturyLink Communications LLC,will be given priority for space
assignment if, as a result of the challenge, space is found to be available.
CenturyLink Communications LLC,will reaffirm its collocation request
within thirty (30) Days of such notification; otherwise, it will be dropped to
the bottom of the list. Upon request, CenturyLink will advise CenturyLink
Communications LLC,as to its position on the list.
99.6.4 lf CenturyLink Communications LLC,'s Application for Physical
Collocation is denied due to lack of space, CenturyLink will place
CenturyLink Communications LLC,on the waiting list for collocation in
particular Premises according to the date CenturyLink Communications
LlC,submitted its complete Application together with the applicable fee,
and not the date of denial for lack of space.
99.7 CenturyLink will provide a price quote within thirty (30) Days of receipt of a
complete and accurate single Application and applicable Application fee. The
price quote response period will be increased by one Day for every additional
Application received from CenturyLink Communications LLC,on that same Day.
99.8 CenturyLink Communications LLC,has thirty (30) Days from receipt of the
quotation to accept the quotation in writing. The quotation expires after thirty (30)
Days. After thirty (30) Days, a new Application and Application fee are required.
Collocation Space is not reserved until the quotation is accepted. CenturyLink
need not meet the deadlines for provisioning Physical Collocation if, after receipt
of any price quotation provided by CenturyLink, CenturyLink Communications
LLC,does not notify CenturyLink that Physical Collocation should proceed.
99.9 CenturyLink Communications LLC,will indicate its intent to proceed with
equipment installation in a CenturyLink Premises by accepting the price quote,
which constitutes a Bona Fide Firm Order (BFFO). lf CenturyLink
Communications LLC,makes changes to its Application in light of CenturyLink's
written Application Response, CenturyLink may be required to re-evaluate and
respond to the change(s). ln this event, CenturyLink Communications LLC,'s
Application will be treated as a revision under Section 99,4.
99.10 Space preparation for the Collocation Space will not begin until CenturyLink
receives the BFFO and all applicable fees, including all non-recurring charges
required by CenturyLink at the time of the BFFO.
99.11 All price quotes accepted by CenturyLink Communications LlC,along with the
associated Applications will become binding attachments to this Agreement and
will control the respective billing, payment, use, and provisioning obligations of
the Parties.
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100.
100.1
101.
101.1
102.
102.1
102.2
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SPACE RESERVATION
The parties may reserve Physical Collocation space for their own specific uses
for the remainder of the current year, plus twelve (12) months in accordance with
Section 98. Neither CenturyLink, nor any of its Affiliates, will reserve space for
future use on terms more favorable than those that apply to other
Telecommunications Carriers seeking to reserve collocation space for their own
future use.
PROVISIONING INTERVALS
Unless otherwise agreed to by the Parties, CenturyLink will complete
construction of Caged Physical (including Shared Caged), Cageless Physical,
and Virtual Collocation arrangements within ninety (90) Days of CenturyLink's
receipt of a BFFO, unless such arrangements require special construction, in
which case the additional time necessitated by such special construction will be
specified as part of CenturyLink's quote. lf CenturyLink or CenturyLink
Communications LLC,is unable to complete construction as provided herein, the
parties will agree to a mutually acceptable interval or CenturyLink may petition
the Commission for waiver.
CONSTRUCTION AND COMMENCEMENT OF BILLING
CenturyLink, in its sole discretion, may permit CenturyLink Communications
LLC,or its designated subcontractor to perform the construction of Physical
Collocation space. lf CenturyLink Communications LlC,self-provisions the
construction of a Physical Collocation arrangement, CenturyLink
Communications LLC,is required to contract with a CenturyLink approved
Contractor to perform all work, provided however, that any such CenturyLink
Communications LlC,subcontractor shall be subject to CenturyLink's security
standards. CenturyLink reserves the right to reject any CenturyLink
Communications LlC,subcontractor upon the same criteria that CenturyLink
would use on its own subcontractors. CenturyLink Communications LLC,will
notify CenturyLink in writing when construction of Physical Collocation space is
complete. Each Party or its agents will diligently pursue filing for the permits
required for the scope of work to be performed by that Party or its agents.
CenturyLink shall have the right to inspect CenturyLink Communications LLC,'s
completed installation of equipment and facilities prior to CenturyLink
Communications LlC,turning up such equipment and facilities. CenturyLink
Communications LlC,shall provide written notification to CenturyLink when
CenturyLink Communications LLC,has completed its installation of equipment
and facilities in the Collocation space, and CenturyLink may conduct such
inspection at any time within five (5) Business Days of receipt of such notice.
During such inspection, CenturyLink will identify any non-compliant installations
or deficiencies that need to be corrected before CenturyLink Communications
LLC,can turn up the equipment and facilities. CenturyLink Communications
LLC,shall have the right to be present at such inspection, and CenturyLink
Communications LLC,will correct any non-compliant installations or deficiencies
within five (5) Business Days after the inspection and modify its installation to
achieve compliance prior to turning up its equipment and facilities.. CenturyLink
Communications LLC,will notify CenturyLink when such corrections have been
completed, and CenturyLink may repeat the inspection process. CenturyLink
Communications LLC,may turn up its equipment and facilities if CenturyLink does
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not conduct an inspection within the (5) Days after receipt of notice that such
installation or correction is complete. lf CenturyLink Communications LLC,does
not turn up its equipment and facilities within sixty (60) Days after the later of (i)
CenturyLink has notified CenturyLink Communications LLC,of completion of
construction or (ii) the Projected lmplementation Date as the same may be
revised in accordance with this Agreement, then CenturyLink Communications
LLC,shall be deemed to have cancelled its order and the provisions of this
Agreement shall apply with respect to surrender and vacation of the Collocation
Space and the disposition of any of CenturyLink Communications LLC,'s
equipment. Failure of CenturyLink to either inspect the Collocation space or
notify CenturyLink Communications LLC,of its election not to inspect such space
within the foregoing five (5) Business Day period shall be deemed an election by
CenturyLink not to inspect such Collocation space.
102.3 To the extent CenturyLink performs the construction of the Physical Collocation
Arrangement, CenturyLink shall construct the Collocated Space in compliance
with a mutually agreed to collocation request. Any deviation to CenturyLink
Communications LLC,'s order must thereafter be approved by CenturyLink
Communications LLC,. The Parties acknowledge that CenturyLink
Communications LLC,approved deviations, other than deviations required to
correct a deficiency identified pursuant to Section 102.6, may require additional
construction time and may incur additional CenturyLink Communications
LLC,expenses. CenturyLink Communications LLC,shall pay the incremental cost
incurred by CenturyLink as the result of any revision to the Collocation request,
which shall be subject to Section 99.4. CenturyLink Communications LLC,will
pay all applicable fees, including any nonrecurring charges required by
CenturyLink, prior to CenturyLink commencing construction of the collocation
space.
102.4 CenturyLink Communications LLC,will be responsible for all extraordinary costs,
as determined in accordance with the Act, incurred by CenturyLink to prepare
any Collocation space for the installation of CenturyLink Communications LLC,'s
equipment and for extraordinary costs to maintain the Collocation space which
may be required by Applicable Law for CenturyLink Communications LLC,'s
equipment on a going-forward basis. Extraordinary costs may include costs for
such items as asbestos removal, fire suppression system or containment,
modifications or expansion of cable entry facility, increasing the DC power
system infrastructure capacity, increasing the capacity of the standby AC system
(if available) or the existing commercial power facility, conversion of non-
Collocation space, compliance with federal and State requirements, or other
modifications required by local ordinances. CenturyLink will charge for these
extraordinary costs on a time-sensitive or time-and-materials basis and will
allocate the costs fairly among itself, CenturyLink Communications LLC,and
other collocators. An estimate of such costs, as determined in accordance with
the Act, will be provided to CenturyLink Communications LLC,prior to
commencing such work. Extraordinary costs will only be billed to CenturyLink
Communications LLC,if such costs have been authorized by CenturyLink
Communications LLC,. CenturyLink must advise CenturyLink Communications
LLC,if extraordinary costs will be incurred.
102.5 Each Party or its agents will diligently pursue filing for the permits required for the
scope of work to be performed by that Party or its agents.
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102.6
102.7
103.
1 03.1
103.2
103.3
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CenturyLink will notify CenturyLink Communications LLC,when construction of a
Collocation Space is complete. The Parties will complete an acceptance walk
through of each provisioned Collocation Space. CenturyLink will commence to
correct any deviations to Centurylink Communications LLC,'s original or jointly
amended requirements within five (5) Days after the walk through. lf CenturyLink
Communications LLC,does not conduct an acceptance walk through within
fifteen (15) Days of the notification that the Collocation Space construction is
complete, CenturyLink Communications LLC,will be deemed to have accepted
the Collocation Space and billing will commence.
CenturyLink Communications LLC,must submit a written request to cancel its
order for Physical, Caged, Shared Cage, Adjacent Space, or Virtual Collocation.
CenturyLink Communications LLC,will reimburse CenturyLink for any actual
expenses incurred and not already paid, which may include incidental equipment
costs, material ordered, provided or used; labor; transportation, DSO, DS1 and
DS3 cable and all other associated costs.
EQUIPMENT
CenturyLink Communications LLC,may only locate equipment necessary for
lnterconnection to CenturyLink or accessing CenturyLink's unbundled network
elements in accordance with Applicable Rules, including but not limited to 47
USc 5251(CX3), 47 USC 5251(CX2), and 47 C.F.R. $51.323(b-c).
CenturyLink Communications LLC,'s equipment and facilities shall not be placed
or operated in such a manner that creates hazards or causes physical harm to
any individual or the public. CenturyLink Communications LLC,is responsible for
the shipping and delivery of all equipment or materials associated with the
collocation arrangement, and CenturyLink Communications LLC,shall instruct
equipment vendors to ship equipment or materials directly to CenturyLink
Communications LLC,or their CenturyLink approved contractor on CenturyLink
Communications LLC,'s behalf. No CenturyLink Communications
LlC,equipment or supplies may be delivered, other than by CenturyLink
Communications LLC,or their CenturyLink approved contractor, to a Premises
containing the Collocation Space, nor shall such equipment or supplies be stored
or staged outside of the licensed Collocation Space.
All equipment to be collocated must meet Level 1 safety requirements as set
forth in Telcordia Network Equipment and Building Specifications (NEBS), but
CenturyLink will not impose safety requirements on CenturyLink Communications
LLC,that are more stringent than the safety requirements it imposes on its own
equipment. lf CenturyLink denies collocation of CenturyLink Communications
LLC,'s equipment, citing safety standards, Centurylink must provide to
CenturyLink Communications LLC,within five (5) Business Days of the denial a
list of all equipment that CenturyLink locates within the Premises in question,
together with an affidavit attesting that all of that equipment meets or exceeds the
safety standard that CenturyLink contends the competitor's equipment fails to
meet. ln the event that CenturyLink believes that the collocated equipment is not
necessary for lnterconnection or access to unbundled network elements or
determines that CenturyLink Communications LLC,'s equipment does not meet
NEBS Level 1 safety requirements, CenturyLink Communications LLC,will be
given ten (10) Days to comply with the requirements or remove the equipment
from the collocation space. lf the parties do not resolve the dispute, the Parties
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may file a complaint at the Commission seeking a formal resolution of the
dispute. While the dispute is pending, CenturyLink Communications LLC,will not
install said equipment.
103.4 CenturyLink Communications LLC,must notify CenturyLink in writing that
collocation equipment installation is complete and is operational with
CenturyLink's network. lf CenturyLink Communications LlC,fails to place
operational telecommunications equipment in the collocated space and either
interconnect to CenturyLink or install UNEs to its collocation arrangement (per
47 USC251 5251(cX6)) within one hundred eighty (180) Days of CenturyLink
Communications LLC,'s acceptance of CenturyLink's price quote, or other time
period mutually agreed to by CenturyLink Communications LLC,and CenturyLink,
CenturyLink may terminate the applicable Collocation Space upon written notice.
CenturyLink Communications LLC,will reimburse CenturyLink for any actual
expenses incurred and not already paid, which may include incidental equipment
costs, material ordered, provided or used; labor; transportation, DSO, DS1 and
DS3 cable and all other associated costs.
103.5 lf CenturyLink Communications LLC,has provisioned services to any customers
without being in compliance with the terms of this Agreement governing
collocation arrangements and the installation and operation of equipment within a
collocation arrangement, CenturyLink Communications LLC,will be billed access
rates for all services for the period beginning with the installation of the services
untilthe collocation arrangement is brought into compliance.
104. AUGMENTS AND ADDITIONS
104.1 When CenturyLink Communications LLC,modifies the Collocation Arrangement
or adds equipment that requires no additional space preparation work on the part
of CenturyLink, CenturyLink may not impose additional charges or additional
intervals that would delay CenturyLink Communications LLC,'s operation.
CenturyLink Communications LLC,will notify CenturyLink of the modifications or
additional equipment prior to installation.
104.2 ln the event CenturyLink Communications LLC,desires to modify or
decommission the use of the Collocation Space in a manner that requires
additional engineering or preparation work by CenturyLink, CenturyLink
Communications LLC,will complete a subsequent Application detailing all
information regarding the modification to the Collocation Space. Such
modifications to the Premises may include but are not limited to, floor loading
changes, changes necessary to meet HVAC requirements, changes to power
plant requirements, and equipment additions. A major or minor Augments fee
willapply.
104.2.1 Major Augments are those requests that include, but may not be
limited to, one or more of the following:
a. require additionalAC or DC power or add or remove power
cables,
b. add equipment that generates additional BTUs of heat,
c. require additionalfloor space,
d. add or remove cable terminations and/or entrance cables,
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104.3
105.
1 05.1
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104.2.2
e. require installation of cable racking or other support
structures, or
f. request additional cross connects for access to unbundled
nehilork elements that exceed 2000 DS-0s or 168 DS-1s or
96 DS-3s. Augment requests that mix DS-0, DS-1, and/or
DS-3 cross connects will be evaluated on an ICB basis.
Minor Augments are those requests that:
a. do not meet the requirements for a major Augment,
b. do not involve exceeding the capacity of the existing
electrical/power or HVAC system,
c. request additional cross connects for access to unbundled
network elements that use existing panels, relay racks, and
racking and do not exceed the listed major Augment cross
connect quantities, or
d. do not require power work-arounds (e.9.; changing a DC
power fuse or extending occasional use AC power
circuits).
CenturyLink Communications LLC,must submit an Application and applicable
Application fee to obtain a price quote. CenturyLink Communications LLC,must
provide an accurate front equipment view (a.k.a. rack elevation drawing)
specifying bay(s) for CenturyLink Communications LLC,'s point of termination.
The price quote will contain the charges and the construction interval for that
application. Under normal circumstances, the construction interval for Augments
will not exceed ninety (90) Days from CenturyLink's receipt of a BFFO. lf special
or major construction is required, CenturyLink will work cooperatively with
CenturyLink Communications LLC,to negotiate mutually agreeable construction
intervals for Augments
USE OF COMMON AREAS
CenturyLink Communications LLC,its employees, agents and invitees shall have
a non-exclusive right to use those portions of the common area of the Building as
are designated by CenturyLink from time to time, including, but not limited to, the
right to use rest rooms in proximity to the Collocation Space, corridors and other
access ways from the entrance to the Building, the Collocation Space, and the
parking areas for vehicles of persons while working for or on behalf of
CenturyLink Communications LLC,at the Collocation Space; provided, however,
that CenturyLink shall have the right to reserve parking spaces for CenturyLink's
exclusive use or use by other occupants of the Building. CenturyLink does not
guarantee that there is or will be sufficient parking spaces in parking areas to
meet CenturyLink Communications LLC,'s needs. CenturyLink does not
guarantee that restroom facilities or water will be available. All common areas
shall remain under the exclusive control and management of Centurylink, and
CenturyLink shall have the right to change the level, location and arrangement of
parking areas and other common areas, as CenturyLink may deem necessary.
Use of all common areas shall be subject to such reasonable rules and
regulations as CenturyLink may from time to time impose, consistent with
Centurylink Communications LLC,'s right to access its Collocation Space.
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105.2
105.3
105.4
106.
106.1
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Notwithstanding the above, Centurylink may restrict access to such areas or
facilities on grounds of security, and CenturyLink may require that a CenturyLink
employee accompany CenturyLink Communications LLC,'s personnel or
representatives. CenturyLink shall impose any such requirement in such a
manner so as not to unnecessarily delay or hinder the twenty-four hours a day,
seven days a week access to CenturyLink Communications LLC,'s equipment
and space.
CenturyLink, where water is available for its own use, shall furnish running water
from regular Building outlets for drinking, lavatory and toilet purposes drawn
through fixtures installed by CenturyLink, for the non-exclusive use of
CenturyLink Communications LLC,CenturyLink and any other Building occupant.
CenturyLink Communications LLC,shall not waste or permit the waste of water.
CenturyLink shall furnish Building and Premises security in accordance with its
normal business practices. Other than the locks on the entrances to the
Collocation Space, CenturyLink shall provide no security specific to CenturyLink
Communications LLC,'s Collocation Space. CenturyLink shall not be liable to
CenturyLink Communications LLC,or any other party for loss of or damage to the
Collocation Space or CenturyLink Communications LLC,equipment unless
CenturyLink has failed to provide Building and Premises security in accordance
with its normal business practices.
CenturyLink shall furnish, to the same extent it provides to itself and affiliates,
passenger elevator service as necessary to reach the Collocation Space or
common areas to which CenturyLink Communications LLC,has access pursuant
to the terms of this Agreement twenty-four (24) hours a day, seven (7) days a
week. Freight elevator service when used by CenturyLink Communications
LLC,'s contractors, employees or agents shall be provided in a non-
discriminatory manner as reasonably determined by CenturyLink.
CO.CARRIER CROSS CONNECTION
Co-carrier cross-connects (CCXCs) are connections between CenturyLink
Communications LLC,and another collocated Telecommunications Carrier other
than CenturyLink, and are only available when both collocation arrangements
(either caged, cageless, and/or virtual) being interconnected are within the same
CenturyLink Premises, provided that the collocated equipment is also used for
lnterconnection with CenturyLink and/or for access to CenturyLink's unbundled
Network Elements. CenturyLink shall provide such CCXCs from CenturyLink
Communications LLC,'s collocation arrangement to the collocation arrangement
of another Telecommunications Carrier in the same CenturyLink premises under
the terms and conditions of this Agreement. CCXC is provided at the same
transmission level from CenturyLink Communications LLC,to another
Telecommunications Carrier.
106.1 .1 CenturyLink will provide such CCXCs for non-adjacent collocation
arrangements at the expense of CenturyLink Communications
LLC,per CenturyLink Communications LLC,'s request.
CenturyLink will provide connections between CenturyLink
Communications LLC,'s own non-adjacent virtual and/or Physical
Collocation arrangements within the same central office at the
expense of CenturyLink Communications LLC,and provisioned per
CenturyLink Communications LLC,'s order.
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106.2
107.
107.1
107.2
107.3
107.4
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The term "Adjacent" in this Section refers to collocation arrangements in the
same Premises that share a common lateral border; and is not referring to the
form of Physical Collocation as described in 47 C.F.R. 551.323(kX3).
RATES
The rates for collocation are listed on Table 2.
lf CenturyLink Communications LLC,is the first collocator in the CenturyLink
Premises, CenturyLink Communications LLC,will not be responsible for the entire
cost of site preparation and security. However, ancillary charges for unique
collocator requests for collocation options directly attributable to the requesting
collocator will not be prorated. Examples include power arrangements, Remote
Switch module related options and POT bay-related options,
The rates and charges in this Agreement do not include costs for any Americans
with Disability Act (ADA) construction generated or caused by the Physical
Collocation space request. lf required, ADA construction will be provided on an
lCB. lf CenturyLink is required to upgrade a Premises, or portion of the Premisesto comply with the ADA which arises as a direct result of CenturyLink
Communications LLC,'s Collocation Arrangement, CenturyLink will prorate the
total forward-looking economic cost of the upgrade, and allocate the charge to
each Centurylink Communications LLC,collocated within the Premises, based
on the total space utilized by each collocated CenturyLink Communications LLC,.
Should CenturyLink benefit in any way whatsoever from the ADA upgrades, it
shall share in the proration of costs. Should CenturyLink be the sole beneficiary
of an upgrade (e.9., an upgrade would have had to be made regardless of
whether or not a Centurylink Communications LLC,was collocated in the
Premises), Centurylink shall absorb all of the costs related to such an upgrade.
Facility Modifications
107.4.1 To the extent that a modification is made for the specific benefit of
any particular party, costs of modification are to be proportionately
born by those who directly benefit including the ILEC. The cost is
allocated using the proportion of the new space occupied to the
total new space made available.
107.4.2 lf a non-requesting party benefits from the modification, e.9., using
the opportunity to bring their equipment or arrangement into
compliance with certain standards, or making adjustments leading
to improvement, then the party will be deemed to be sharing. This
party will be responsible for its share of the modification costs.
107.4.3 None of the costs will be allocated to a third party that gains
incidental benefit, but did not cause the modification or modify
their facilities.
107.4.4 lf a current user of space subsequently initiates new uses of the
modified facility by other parties to avoid modification costs or if
new entrants use the facility, they will share in the modification
costs. The modifying party(s) may recover a proportionate share
of the modification costs from parties that later are able to obtain
access as a result of the modification. lf measurable depreciation
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108.
108.1
108.2
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has occurred as a result of the modification, the subsequent party
may pay a lower cost.
107.4.5 Parties requesting or joining in a modification also will be
responsible for resulting costs to maintain the facility on an
ongoing basis.
CENTURYLINK SERVICES AND OBLIGATIONS
CenturyLink shall furnish air conditioning and/or other environmental controls for
the area in which the Collocation Space is located in a manner consistent with
those provided elsewhere in the Building. CenturyLink shall furnish air
conditioning and/or other environmental controls for the Collocation Space based
on information provided by CenturyLink Communications LLC,to CenturyLink in
its Application which CenturyLink Communications LLC,hereby represents to
CenturyLink is sufficient to allow CenturyLink Communications LLC,equipment to
function without risk of harm or damage to the Collocation Space, the Building or
any equipment or facilities of CenturyLink or any other occupant of the Building.
These environmental conditions shall adhere to Telcordia Network Equipment
Building System (NEBS) standards GR-63-CORE lssue 2 or other mutually
agreed upon standards.
108.1.1 lf CenturyLink Communications LLC,locates equipment or facilities
in the Collocation Space which CenturyLink determines, in the
exercise of its sole discretion, affect the temperature or other
environmental conditions otherwise maintained by CenturyLink in
the Building, CenturyLink reserves the right to provide and install
supplementary air conditioning units or other environmental
control devices in the Collocation Space, and the cost of
providing, installing, operating and maintaining any such
supplementary air conditioning units or other environmentalcontrol devices made necessary solely by CenturyLink
Communications LLC,'s equipment or facilities shall be paid by
CenturyLink Communications LLC,to CenturyLink. lf
supplementary air conditioning units or other environmental
control devices are required for more than one CenturyLink
Communications LLC,each CenturyLink Communications LLC,will
pay a pro-rata share of such costs, in proportion to the space
occupied by each as compared to the total space available for
collocation.
108.1.2 CenturyLink Communications LLC,'s refusal to be responsible for
the cost of any necessary air conditioning or other environmental
controls shall constitute acceptable grounds for denial of
collocation for technical reasons.
CenturyLink shall provide power as requested by CenturyLink Communications
LLC,to meet CenturyLink Communications LLC,'s need for placement of
equipment, lnterconnection, or provision of service; except that CenturyLink is
not obligated to Augment available DC capacity solely to meet CenturyLink
Communications LLC,'s needs unless CenturyLink Communications LlC,offers
to pay for such Augmentation and such Augmentation can be effected within
applicable engineering, building and electrical code requirements.
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108.2.1
108.2.2
108.2.3
108.2.4
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CenturyLink Communications LlC,covenants and agrees that
CenturyLink shall not be liable or responsible to CenturyLink
Communications LLC,for any loss, damage or expense which
CenturyLink Communications LLC,may sustain or incur if either
the quality or character of electrical service is changed or is no
longer suitable for CenturyLink Communications LLC,'s
requirements.
CenturyLink Communications LLC,agrees to request in writing, via
a complete and accurate Application, all electrical needs to power
its equipment. The Application shall contain the total power
needs, the date needed, and the exact location where termination
of the electrical power shall occur. Actual power usage of
CenturyLink Communications LLC,'s equipment shall not exceed
the requested capacity.
Central office power supplied by CenturyLink into CenturyLink
Communications LLC,'s equipment area shall be supplied in the
form of power feeders (cables) on cable racking into the
designated CenturyLink Communications LlC,equipment area.
The power feeders (cables) shall efficiently and economically
support the requested quantity and capacity of CenturyLink
Communications LLC,equipment. The termination location shall
be as agreed by the parties.
CenturyLink power equipment supporting CenturyLink
Communications LLC,'s equipment shall:
a. Comply with applicable industry standards (e.9., Telcordia,
NEBS and IEEE) or manufacturer's equipment power
requirement specifications for equipment installation,
cabling practices, and physical equipment layout or at
minimum, at Parity with that provided for similar
CenturyLink equipment;
b. Have redundant power feeds with physical diversity and
battery back-up as required by the equipment
manufacturer's specifications for CenturyLink
Communications LLC,equipment, or, at minimum, at Parity
with that provided for similar CenturyLink equipment;
c. Provide, upon CenturyLink Communications LLC,'s
request and at CenturyLink Communications LLC,'s
expense, the capability for real time access to power
performance monitoring and alarm data that impacts (or
potentially may impact) CenturyLink Communications
LLC,traffic;
d. Provide central office ground, connected to a ground
electrode located within the Collocated Space, at a level
above the top of CenturyLink Communications
LlC,equipment plus or minus two (2) feet to the left or right
of CenturyLink Communications LLC,'s final request; and
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e. Provide feeder cable capacity and quantity to support the
ultimate equipment layout for CenturyLink Communications
LLC,'s equipment in accordance with CenturyLink
Communications LLC,'s collocation request.
CenturyLink shall provide cabling that adheres to Telcordia
Network Equipment Building System (NEBS) standards GR-63-
CORE lssue 2.
CenturyLink shall provide Lock Out-Tag Out and other electrical
safety procedures and devices in conformance with the most
stringent of OSHA or industry guidelines.
CenturyLink will provide CenturyLink Communications LLC,with
written notification within ten (10) Business Days of any scheduled
DC power work or related activity in the collocated facility that will
or might cause an outage or any type of power disruption to
CenturyLink Communications LLC,equipment located in
CenturyLink facility. CenturyLink shall provide CenturyLink
Communications LlC,immediate notification by telephone of any
emergency power activity that would impact CenturyLink
Communications LLC,'s equipment.
lf CenturyLink, in the exercise of its reasonable business
judgment, determines that the electricity provided to CenturyLink
Communications LLC,pursuant to this Section is insufficient to
support the activity being carried on by CenturyLink
Communications LLC,in the Collocation Space, and thereby posesa potential liability or additional cost to CenturyLink's own
operations, CenturyLink may require the installation of additional
electrical circuits to provide CenturyLink Communications
LLC,with additional electricity and CenturyLink Communications
LlC,shall reimburse CenturyLink for any expenses incurred in
making such additional electrical circuits available to CenturyLink
Communications LLC,'s Collocation Space. CenturyLink
Communications LLC,shall also pay for additional electricity
provided via these circuits.
a. CenturyLink Communications LLC,'s refusal to be
responsible for the cost of any necessary electrical circuits
shall constitute acceptable grounds for denial of collocation
for technical reasons.
108.3 CenturyLink shall provide fire protection systems in CenturyLink Buildings and on
CenturyLink Premises as required by Federal and State regulatory rules and in
full compliance with local ordinances. CenturyLink shall furnish fire or smoke
detection systems designed to comply with the National Fire Protection
Association (NFPA) Standards on Automatic Fire Detectors.
108.2.5
108.2.6
108.2.7
108.2.8
108.3.1
108.3.2
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Stand alone fire extinguishers will be provided in and about the
Building and the Collocation Space by CenturyLink as required by
applicable fire codes.
CenturyLink and CenturyLink's insurance carriers will perform
regular inspections of fire protection systems, and CenturyLink
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Communications LLC,hereby agrees to provide CenturyLink and
CenturyLink's insurance carriers access to the Collocation Space
for purposes of such inspections, via pass key or otherwise.
CenturyLink agrees to provide CenturyLink Communications
LLC,with notice of its intent to access CenturyLink
Communications LLC,'s Collocation Space where, in
CenturyLink's sole discretion, such notice is practicable; provided,
however, that no failure of CenturyLink to give such notice will
affect CenturyLink's right of access or impose any liability on
CenturyLink. CenturyLink will, at its expense, maintain and repair
the fire and smoke detection systems unless maintenance or
repair is required due to the act or omission of CenturyLink
Communications LLC,its employees, agents or invitees, in whichcase Centurylink Communications LLC,shall reimburse
CenturyLink for the cost of such repair or replacement. lf a Halon
or alternative fire suppression system is in place, Centurylink
Communications LLC,shall, if at fault, and at CenturyLink's option,
replace Halon or other fire extinguishing material discharged as a
result of CenturyLink Communications LLC,'s act or omission.
CenturyLink Communications LlC,shall have no duty to inspect
fire protection systems outside the Collocation Space; provided,
however, if CenturyLink Communications LLC,is aware of damage
to the fire protection systems it shall promptly notify CenturyLink.
CenturyLink Communications LLC,is aware the Collocation Space
will contain a fire detection system and may contain a fire
suppression system. ln the event of discharge, CenturyLink is
relieved of all liability for damage to equipment or personal injury
except in cases where such damage to equipment or personal
injury is due to the willful misconduct of CenturyLink, its officers,
agents or employees.
108.4 Centurylink shall, at its sole expense, except as hereinafter provided, provide
repair and maintenance of heating, cooling and lighting equipment and regularly
scheduled refurbishment or decorating to the Collocation Space, Building and
Premises, in a manner consistent with Centurylink's normal business practices.
108.4.1 CenturyLink shall not be obligated to inspect the Collocation
Space, make any repairs or perform any maintenance unless first
notified of the need in writing by CenturyLink Communications
LLC,. lf CenturyLink shall fail to commence the repairs or
maintenance within twenty (20) Days after written notification,
provided that the delays are not caused by CenturyLink
Communications LlC,CenturyLink Communications LLC,'s sole
right and remedy shall be, after further notice to CenturyLink, to
make such repairs or perform such maintenance and to deduct
that cost and expenses from the Physical Collocation fees
payable; provided, however, that the amount of such deduction
shall not exceed the reasonable value of such repairs or
maintenance.
CenturyLink shall, where practical, provide CenturyLink
Communications LLC,with twenty-four (24) hours prior notice
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108.3.3
108.4.2
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before making repairs and/or performing maintenance on the
Collocation Space; provided, however, that CenturyLink shall have
no obligation to provide such notice if CenturyLink determines, in
the exercise of its sole discretion, that such repair or maintenance
must be done sooner in order to preserve the safety of the
Building or the Collocation Space, or if required to do so by any
court or governmental authority. Work shall be completed during
normal working hours or at other times identified by CenturyLink.
CenturyLink Communications LLC,shall pay CenturyLink for
overtime and for any other expenses incurred if such work is done
during other than normal working hours at CenturyLink
Communications LLC,'s request. CenturyLink Communications
LLC,shall have the right, at its sole expense, to be present during
repair or maintenance of the Collocation Space.
108.4.3 The cost of all repairs and maintenance performed by or on behalfof CenturyLink to the Collocation Space which are, in
CenturyLink's reasonable judgment, beyond normal repair and
maintenance, or are made necessary as a result of misuse or
neglect by CenturyLink Communications LLC,or Centurylink
Communications LLC,'s employees, invitees or agents, shall be
paid by CenturyLink Communications LLC,to CenturyLink within
ten (10) Days after being billed for the repairs and maintenance by
CenturyLink.
108.5 CenturyLink shall provide CenturyLink Communications LLC,with notice via email
three (3) Business Days prior to those instances where CenturyLink or its
subcontractors perform work which is known to be a Service Affecting activity.
CenturyLink will inform CenturyLink Communications LLC,by e-mail of any
unplanned service outages. Notification of any unplanned service outages shall
be made as soon as practicable after CenturyLink learns that such outage has
occurred.
108.6 CenturyLink reserves the right to stop any service when CenturyLink deems such
stoppage necessary by reason of accident or emergency, or for repairs,
improvements or otherwise; however, Centurylink agrees to use its best efforts
not to interfere with CenturyLink Communications LLC,'s use of Collocation
Space. CenturyLink does not warrant that any service will be free from
interruptions caused by labor controversies, accidents, inability to obtain fuel,
water or supplies, governmental regulations, or other causes beyond the
reasonable control of CenturyLink.
108.6.1 No such interruption of service shall be deemed an eviction or
disturbance of CenturyLink Communications LLC,'s use of the
Collocation Space or any part thereof, or render CenturyLink liable
to CenturyLink Communications LLC,for damages, by abatement
of CenturyLink Communications LLC,Fees or otherwise, except as
set forth in the Tariff, or relieve CenturyLink Communications
LLC,from performance of its obligations under this Agreement.
CenturyLink Communications LLC,
108.7 CenturyLink shall have access to CenturyLink Communications LLC,'s Physical
Collocation Space at all times, via pass key or otherwise, to allow CenturyLink to
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109.
109.1
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react to emergencies, to maintain the space (not including CenturyLink
Communications LLC,'s equipment), and to monitor compliance with the rules
and regulations of the Occupational Health and Safety Administration or
CenturyLink, or other regulations and standards including but not limited to those
related to fire, safety, health, and environmental safeguards. lf a secure
enclosure defining the location of CenturyLink Communications LLC,'s
Collocation Space has been established, and if conditions permit, CenturyLink
will provide CenturyLink Communications LLC,with notice (except in
emergencies) of its intent to access the Collocation Space, thereby providing
CenturyLink Communications LLC,the option to be present at the time of access.
CenturyLink Communications LlC,shall not attach, or permit to be attached,
additional locks or similar devices to any door or window, nor change existing
locks or the mechanism thereof. lf CenturyLink is required to access the
collocation space on an emergency basis, CenturyLink will notify Centurylink
Communications LLC,of such access as soon as practical.
108.7.1 CenturyLink may enter the Collocation Space for the purposes of
examining or inspecting same and of making such repairs or
alterations as CenturyLink deems necessary. CenturyLink
Communications LLC,hereby waives any claim for damage, injury,
interference with CenturyLink Communications LLC,'s business,
any loss of occupancy or quiet enjoyment of the Collocation
Space, and any other loss occasioned by the exercise of
CenturyLink's access rights, except in the event such damages
result solely from the gross negligence or willful misconduct of
CenturyLink.
108.7.2 CenturyLink may use any means CenturyLink may deem proper to
open Collocation Space doors or enclosures in an emergency.
Entry into the Collocation Space obtained by CenturyLink by any
such means shall not be deemed to be forcible or unlawful entry
into or a detainment of or an eviction of CenturyLink
Communications LLC,from the Collocation Space or any portion
thereof.
108.7.3 Before leaving the Collocation Space unattended, Centurylink
shall close and securely lock all doors and windows and shut off
unnecessary equipment in the Collocation Space. Any injury to
persons or damage to the property of CenturyLink
Communications LLC,or any other party with equipment in the
Building resulting from CenturyLink's failure to do so shall be the
responsibility of CenturyLink. CenturyLink will defend and
indemnify CenturyLink Communications LLC,from and against any
claim by any person or entity resulting in whole or in part from
CenturyLink's failure to comply with this Section.
CENTURYLINK COMMUNICATIONS LLC,'S OBLIGATIONS
CenturyLink Communications LLC,shall regularly inspect the Collocation Space
to ensure that the Collocation Space is in good condition. CenturyLink
Communications LlC,shall promptly notify CenturyLink of any damage to the
Collocation Space or of the need to perform any repair or maintenance of the
Collocation Space, fixtures and appurtenances (including hardware, heating,
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cooling, ventilating, electrical, and other mechanical facilities in the Collocation
Space). CenturyLink Communications LLC,shall provide regular janitorial service
to its Collocation Space and keep the Collocation Space clean and trash free.
109.2 CenturyLink Communications LlC,agrees to abide by all of CenturyLink's
security practices for non-CenturyLink employees with access to the Building,
including, without limitation:
'109.2.1 CenturyLink Communications LLC,must obtain non-employee
photo identification cards for each CenturyLink Communications
LlC,employee or vendor. Temporary identification cards may
otherwise be provided by CenturyLink for employees or agents,
contractors and invitees of CenturyLink Communications LLC,who
may require occasional access to the Collocation Space.
CenturyLink Communications LLC,will supply to CenturyLink the
completed access form for employees or approved vendors who
require access to the Premises. CenturyLink may reasonably
deny access to any person into the Building. CenturyLink's
objections will be consistent with the grounds for denying access
to personnel of its own contractors or for denying employment
directly with CenturyLink. CenturyLink may issue security cards,
codes, or keys to CenturyLink Communications LLC,'s listed
employees or vendors where such systems are available and their
use by CenturyLink Communications LLC,will not otherwise
compromise Building security. The rate for the issuance of
security cards is listed on Table 2.
CenturyLink Communications LLC,is responsible for returning
identification and security cards, codes, or keys of its terminated
employees or its employees who no longer require access to the
Collocation Space. All cards, codes, or keys must be returned
upon termination of the applicable Collocation Space.
CenturyLink Communications LLC,will reimburse CenturyLink
actual costs due to unreturned or replacement cards, codes, or
keys.
ln the event that a key is lost, CenturyLink Communications LLC,is
responsible for costs associated with recoring locks and reissuing
keys to CenturyLink and other parties authorized to access the
Premise.
CenturyLink Communications LLC,'s employees, agents, invitees
and vendors must display identification cards at alltimes.
CenturyLink Communications LLC,will assist CenturyLink in
validation and verification of identification of its employees,
agents, invitees and vendors by providing a telephone contact
available twenty-four (24) hours a day, seven (7) days a week to
verify identification.
Removal of all furniture, equipment or similar articles will be based
on local CenturyLink security practices. These security practices
will not be more stringent for CenturyLink Communications
109.2.2
109.2.3
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109.2.4
109.2.5
109.2.6
'109.2.7
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LLC,than Centurylink requires for its own employees or
CenturyLink's contractors.
109.2.8 Before leaving the Collocation Space unattended, CenturyLink
Communications LLC,shall close and securely lock all doors and
windows and shut off unnecessary equipment in the Collocation
Space. Any injury to persons or damage to the property of
CenturyLink or any other party with equipment in the Building
resulting from CenturyLink Communications LLC,'s failure to do so
shall be the responsibility of Centurylink Communications LLC,.
CenturyLink Communications LLC,will defend and indemnify
CenturyLink from and against any claim by any person or entity
resulting in whole or in part from CenturyLink Communications
LLC,'s failure to comply with this Section.
109.2.9 CenturyLink Communications LlC,agrees that CenturyLink may
provide a security escort for Physical Collocation, at no cost or
undue delay to CenturyLink Communications LLC,to CenturyLink
Communications LLC,personnel while on Centurylink Premises.
While such escort shall not be a requirement to CenturyLink
Communications LLC,'s entry into the Building, CenturyLink
Communications LLC,must allow the security escort to
accompany CenturyLink Communications LlC,personnel at all
times and in all areas of the Building, including the Collocation
Space, if so requested.
109.2.10 CenturyLink Communications LLC,shall post in a prominent
location visible from the common Building area, the names and
telephone numbers of emergency contact personnel along with
names and telephone numbers of their superiors for twenty-four(24) hour emergency use by CenturyLink. CenturyLink
Communications LlC,shall promptly update this information as
changes occur.
109.3 CenturyLink Communications LLC,will provide CenturyLink with written
notification not less than ten (10) Business Days in advance of any scheduled
DC power work or related activity in the collocated facility that will or might cause
an outage or any type of power disruption to CenturyLink equipment located in
CenturyLink Communications LLC,facility. Centurylink Communications
LLC,shall provide CenturyLink immediate notification by telephone of any
emergency power activity that would impact CenturyLink equipment.
109.4 CenturyLink Communications LLC,shall not provision and/or install
Uninterruptible Power Supply (UPS) systems within the CenturyLink Premises.
The customer is permitted to install lnverted Power Systems if and only if
documented compliance with National Equipment Building Standards (NEBS) lll
and Listing by Underwriters Laboratory (UL) has been met.
109.5 CenturyLink Communications LLC,shall not place Electro-Chemical Storage
Batteries of any type inside the Collocation Space.
109.6 CenturyLink Communications LLC,shall provide CenturyLink with written notice
three (3) Business Days prior to those instances where CenturyLink
Communications LLC,or its subcontractors perform work, which is to be a known
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Service Affecting activity. CenturyLink Communications LLC,will inform
CenturyLink by e-mail of any unplanned service outages. The parties will then
agree upon a plan to manage the outage so as to minimize customer
interruption. Notification of any unplanned service outage shall be made as soon
as practicable after CenturyLink Communications LLC,learns that such outage
has occurred so that CenturyLink can take any action required to monitor or
protect its service.
109.7 CenturyLink Communications LLC,may, at its own expense, install and maintain
regular business telephone service in the Collocation Space. lf requested by
CenturyLink Communications LLC,and at CenturyLink Communications LLC,'s
expense, CenturyLink will provide basic telephone service with a connection jack
in the Collocation Space.
109.8 CenturyLink Communications LLC,shall, with the prior written consent of
CenturyLink, have the right to provide additionalfire protection systems within the
Collocation Space; provided, however, that CenturyLink Communications
LLC,may not install or use sprinklers or carbon dioxide fire suppression systems
within the Building or the Collocation Space.
109.8.1 lf any governmental bureau, department or organization or
CenturyLink's insurance carrier requires that changes or
modifications be made to the fire protection system or that
additional stand alone fire extinguishing, detection or protection
devices be supplied within that portion of the Building in which the
Collocation Space of CenturyLink Communications LLC,s in
general are located, such changes, modifications, or additions
shall be made by CenturyLink and CenturyLink Communications
LlC,shall reimburse CenturyLink for the cost thereof in the same
proportion as the size of CenturyLink Communications LLC,'s
Collocation Space as compared to the total available collocation
space in the affected portion of the Building.
109.9 CenturyLink Communications LLC,shall identify and shall provide advance
notification to CenturyLink in writing of any Hazardous Materials CenturyLink
Communications LlC,wants to bring onto the Premises, and will provide
CenturyLink copies of any inventories or other data provided to State Emergency
Response Commissions (SERCs), Local Emergency Planning Committees
(LEPCS), or any other governmental agencies if required by the Emergency
Planning and Community Right to Know Act (41 USC 511001, et seq.).
Centurylink Communications LLC,its agents and employees shall transport,
store and dispose of Hazardous Materials in accordance with all applicable
federal, State or local laws, ordinances, rules and regulations. CenturyLink
Communications LLC,will promptly notify CenturyLink of any releases of
Hazardous Materials and will copy CenturyLink on any notification of or
correspondence with any governmental agency which may be required by any
environmental law as a result of such release.
109.9.1 CenturyLink Communications LLC,shall provide CenturyLink
copies of all Material Safety Data Sheets (MSDSs)for materials or
chemicals regulated under the OSHA Hazard Communication
Standard (29 C.F.R. 51910.1200) that are brought onto the
property. All such materials shall be labeled in accordance with
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109.9.2
109.9.3
109.9.4
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29 C.F.R. S1910.1200 and applicable State regulations if such
regulations are more stringent.
lf CenturyLink discovers that CenturyLink Communications
LLC,has brought onto CenturyLink's Premises Hazardous
Materials without notification, or is storing or disposing of such
materials in violation of any applicable environmental law,
CenturyLink may, at CenturyLink's option and without penalty,
terminate the applicable Collocation Space or, in the case of
pervasive violation, this Agreement or suspend performancehereunder. CenturyLink Communications LLC,shall be
responsible for, without cost to CenturyLink, the complete
remediation of any releases or other conditions caused by its
storage, use or disposal of Hazardous Materials. CenturyLink
Communications LLC,shall also be responsible for removing and
disposing of all Hazardous Materials on its Collocation Space at
the termination of the applicable Collocation Space or this
Agreement. lf CenturyLink elects to terminate the applicable
Collocation Space or this Agreement or discontinue the
performance of services hereunder due to the storage, use or
disposal of Hazardous Materials contrary to the terms of this
Agreement, CenturyLink Communications LLC,shall have no
recourse against CenturyLink and shall be responsible for all costs
and expenses associated with such termination or suspension of
service in addition to being responsible for any remedies available
to CenturyLink for defaults under this Agreement.
CenturyLink Communications LLC,shall indemnify and hold
harmless CenturyLink, its successors and assigns against, and in
respect of, any and all damages, claims, losses, liabilities and
expenses, including, without limitation, all legal, accounting,
consulting, engineering and other expenses, which may be
imposed upon, or incurred by, CenturyLink or asserted against
CenturyLink by any other party or parties (including, without
limitation, CenturyLink's employees andior contractors and any
governmental entity) arising out of, or in connection with,
Centurylink Communications LLC,'s use, storage or disposal of
Hazardous Materials.
For purposes of this Section, "Hazardous Materials" shall mean
any toxic substances and/or hazardous materials or hazardous
wastes (including, without limitation, asbestos) as defined in, or
pursuant to, the OSHA Hazard Communication Standard
(29 C.F.R. 51910, Subpart Z), the Resource Conservation and
Recovery Act of 1976 (42 USC 56901, et seq.), or regulations
adopted pursuant to those statutes, the Toxic Substances Control
Act (15 USC 52601, et seq.), the Comprehensive Environmental
Response, Compensation and Liability Act (42 USC $9601, et
seq.) or any other federal, State or local environmental law,
ordinance, rule or regulation. The provisions of this Section shall
survive the termination, cancellation, modification or recession of
this Agreement.
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109.10 CenturyLink Communications LlC,shall not do or permit anything to be
done upon the Collocation Space, or bring or keep anything thereon
which is in violation of any federal, State or local laws or regulations
(including environmental laws or regulations not previously described), or
any rules, regulations or requirements of the local fire department, Fire
lnsurance Rating Organization, or any other similar authority having
jurisdiction over the Building. CenturyLink Communications LLC,shall not
do or permit anything to be done upon the Collocation Space which may
in any way create a nuisance, disturb, endanger, or otherwise interfere
with the Telecommunications Services of CenturyLink, any other
occupant of the Building, their patrons or customers, or the occupants of
neighboring property, or injure the reputation of the Premises.
109.10.1 CenturyLink Communications LlC,shall not exceed the Uniformly
Distributed Live Load Capacity. CenturyLink shall evaluate and
determine Live Load Capacity rating on a site specific basis priorto equipment installation. CenturyLink Communications
LLC,agrees to provide CenturyLink with equipment profile
information prior to installation authorization.
'109.10.2 CenturyLink Communications LLC,shall not paint, display, inscribe
or affix any sign, trademark, picture, advertising, notice, lettering
or direction on any part of the outside or inside of the Building, or
on the Collocation Space, without the prior written consent of
CenturyLink.
109.10.3 CenturyLink Communications LlC,shall not use the name of the
Building or CenturyLink for any purpose other than that of the
business address of CenturyLink Communications LLC,or use any
picture or likeness of the Building on any letterhead, envelope,
circular, notice, or advertisement, without the prior written consent
of CenturyLink.
109.10.4 CenturyLink Communications LlC,shall not exhibit, sell or offer for
sale, rent or exchange in the Collocation Space or on the
Premises any article, thing or service except those ordinarily
embraced within the use of the Collocation Space as specified in
this Agreement without the prior written consent of CenturyLink.
109.10.5 CenturyLink Communications LlC,shall not place anything or
allow anything to be placed near the glass of any door, partition or
window which Centurylink determines is unsightly from outside
the Collocation Space; take or permit to be taken in or out of other
entrances of the Building, or take or permit to be taken on any
passenger elevators, any item normally taken through service
entrances or elevators; or whether temporarily, accidentally, or
otherwise, allow anything to remain in, place or store anything in,
or obstruct in any way, any passageway, exit, stainray, elevator,
or shipping platform. CenturyLink Communications LLC,shall lend
its full cooperation to keep such areas free from all obstruction
and in a clean and neat condition, move all supplies, furniture and
equipment directly to the Collocation Space as soon as received,
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109.10.6
109.10.7
109.10.8
109.1 0.9
109.10.10
109.11
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and move all such items and waste, other than waste customarily
removed by employees of the Building.
CenturyLink Communications LLC,shall not, without the prior
written consent of CenturyLink install or operate any lead-acid
batteries, refrigerating, heating or air conditioning apparatus in the
Collocation Space. CenturyLink may, in its sole discretion,
withhold such consent, or impose any condition in granting it, and
revoke its consent at will.
Centurylink Communications LlC,shall not use the Collocation
Space for meeting, housing, lodging or sleeping purposes.
CenturyLink Communications LLC,shall not eat, drink, or smoke in
the Collocation Space,
CenturyLink Communications LLC,shall not bring any animals to
the collocation space except those used by the visually impaired.
ln the case of such a need, advance notice is required.
CenturyLink Communications LLC,its employees, agents,
contractors, and business invitees shall:
109.10.10.1 comply with all rules and regulations which
CenturyLink may from time to time adopt for the
safety, environmental protection, care, cleanliness
and/or preservation of the good order of the
Building, the Premises and the Collocation Space
and its tenants and occupants, and
109.10.10.2 comply, at its own expense, with all ordinances
which are applicable to the Collocation Space and
with all laMul orders and requirements of any
regulatory or law enforcement agency requiring the
correction, prevention and abatement of nuisances
in or upon the Collocation Space during the Term of
this Agreement or any extension hereof.
CenturyLink Communications LLC,shall not make installations,
alterations or additions in or to the Collocation Space without
submitting plans and specifications to Centurylink and securingthe prior written consent of CenturyLink in each instance.
CenturyLink's consent shall not be unreasonably withheld or
unduly delayed for non-structural interior alteration to the
Collocation Space that do not adversely affect the Building's
appearance, value, structural strength and mechanical integrity.
Such work shall be done at the sole expense of CenturyLink
Communications LLC,.
109.11.1 All installations, alterations and additions shall be
constructed in a good and workmanlike manner
and only new and good grades of material shall be
used, and shall comply with all insurance
requirements, governmental requirements, and
terms of this Agreement. Work shall be performed
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at such times and in such manner as to cause a
minimum of interference with CenturyLink's
transaction of business.CenturyLink
Communications LLC,shall permit CenturyLink to
inspect all construction operations within the
Collocation Space.
a. CenturyLink Communications LlC,shall not
cut or drill into, drive nails or screws into,
install conduit or wires, or in any way deface
any part of the Collocation Space or the
Building, outside or inside, without the prior
written consent of CenturyLink.
109.11.2 All installations, alterations and additions which
take the form of fixtures, except trade fixtures,
placed in the Collocation Space by and at the
expense of CenturyLink Communications LLC,or
others shall become the property of CenturyLink,
and shall remain upon and be surrendered with the
Collocation Space. Upon termination of this
Agreement, however, CenturyLink shall have the
right to require CenturyLink Communications
LLC,to remove such fixtures and installations,
alterations or additions at CenturyLink
Communications LLC,'s expense, and to surrender
the Collocation Space in the same condition as it
was prior to the making of any or all such
improvements, reasonable wear and tear excepted.
109.11.3 All fixtures and other equipment to be used by
CenturyLink Communications LLC,in, about or
upon the Collocation Space shall be subject to the
prior written approval of CenturyLink, which shall
not be unreasonably withheld.
109.12 FireproofingPolicy. lfCenturyLinkCommunicationsLlC,desires
signal, communications, alarm or other utility or service
connections installed or changed, the same shall be made by andat the expense of CenturyLink Communications LLC,.
CenturyLink shall have the right of prior approval of such utility or
service connections, and shall direct where and how all
connections and wiring for such service shall be introduced and
run. ln all cases, in order to maintain the integrity of the Halon
space for proper Halon concentration, and to ensure compliance
with CenturyLink's fireproofing policy, any penetrations by
CenturyLink Communications LLC,whether in the Collocation
Space, the Building or otherwise, shall be sealed as quickly as
possible by CenturyLink Communications LLC,with CenturyLink-
approved fire barrier sealants, or by CenturyLink at CenturyLink
Communications LLC,'s cost.
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1 09.1 3
109.14
Equipment Grounding. CenturyLink Communications
LlC,equipment shall be connected to CenturyLink's grounding
system.
Representations and Warranties. CenturyLink Communications
LLC,hereby represents and warrants that the information provided
to CenturyLink in any Application or other documentation relativeto CenturyLink Communications LLC,'s request for
telecommunications facility lnterconnection and Central Office
Building collocation as contemplated in this Agreement is and
shall be true and correct, and that CenturyLink Communications
LLC,has all necessary corporate and regulatory authority to
conduct business as a Telecommunications Carrier. Any violationof this Section shall be deemed a material breach of this
Agreement.
Change the name or street address of the Premises;
lnstall and maintain signs on the exterior and interior of the
Premises or anywhere on the Premises;
Designate all sources furnishing sign painting and lettering, ice,
mineral or drinking water, beverages, foods, towels, vending
machines or toilet supplies used or consumed in the Collocation
Space;
Have pass keys or access cards with which to unlock all doors in
the Collocation Space, excluding CenturyLink Communications
LLC,'s safes;
Reduce heat, light, water and power as required by any
mandatory or voluntary conservation programs;
Approve the weight, size and location of safes, computers and all
other heavy articles in and about the Collocation Space and the
Building, and to require all such items and other office furniture
and equipment to be moved in and out of the Building or
Collocation Space only at such times and in such a manner as
CenturyLink shall direct and in all events at CenturyLink
Communications LLC,'s sole risk and responsibility;
At any time, to decorate and to make, at its own expense, repairs,
alterations, additions and improvements, structural or otherwise, in
or to the Collocation Space, the Premises, or any part thereof
(including, without limitation, the permanent or temporary
relocation of any existing facilities such as parking lots or spaces),
and to perform any acts related to the safety, protection or
preservation thereof, and during such operations to take into and
through the Collocation Space or any part of the Premises all
material and equipment required, and to close or suspend
temporarily operation of entrances, doors, corridors, elevators or
other facilities. CenturyLink shall limit inconvenience or annoyance
110.BUILDING RIGHTS
110.1 CenturyLink may, without notice to CenturyLink Communications LLC,:
110.1.1
110.1.2
1 10.1 .3
110.1.4
110.1.5
1 10.'l .6
110.1.7
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1 10.1 .8
1 10.1 .9
110.2
I 10.3
to CenturyLink Communications LLC,as reasonably possible
under the circumstances;
Do or permit to be done any work in or about the Collocation
Space or the Premises or any adjacent or nearby building, land,
street or alley;
Grant to anyone the exclusive right to conduct any business or
render any service on the Premises, provided such exclusive right
shall not operate to exclude CenturyLink Communications
LLC,from the use expressly permitted by this Agreement, unless
Centurylink exercises its right to terminate this Agreement with
respect to all or a portion of the Collocation Space;
110.1.10 Close the Building at such reasonable times as CenturyLink may
determine, under such reasonable regulations as shall be
prescribed from time to time by CenturyLink subject to
CenturyLink Communications LLC,'s right to access.
lf the owner of the Building or CenturyLink sells, transfers or assigns any interest
in the Building, or there is any material change in the Lease to which the Building
is subject, and such sale, transfers assignment or material change in the Lease
gives rise to an obligation which is inconsistent with this Agreement,
CenturyLink's performance under this Agreement shall be excused to the extent
of the inconsistency. CenturyLink hereby agrees that it will use its reasonable
efforts to avoid any such inconsistency; provided, however, that this obligation
shall in no way obligate CenturyLink to incur any out of pocket expenses in its
efforts to avoid such inconsistencies.
This Agreement shall at all times be subject and subordinate to the lien of any
mortgage (which term shall include all security instruments) that may be placed
on the Collocation Space and CenturyLink Communications LlC,agrees, upon
demand, to execute any instrument as may be required to effectuate such
subordination.
INDEMNIFICATION
CenturyLink Communications LLC,shall indemnify, defend, save and hold
CenturyLink harmless from any and all claims arising from:
1',1l.
111.1
111.1.1
Space;
111.1.2
'111.1.3
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CenturyLink Communications LLC,'s use of the Collocation
the conduct of CenturyLink Communications LLC,'s business or
from any activity, work or things done, permitted or suffered by
CenturyLink Communications LLC,in or about the Collocation
Space or elsewhere;
any claims, liens, demands, charges, encumbrances, litigation and
judgments arising directly or indirectly out of any use, occupancy
or activity of CenturyLink Communications LLC,or out of any work
performed, material furnished, or obligations incurred by
CenturyLink Communications LLC,in, upon or otherwise in
connection with the Collocation Space. Centurylink
Communications LLC,shall give CenturyLink written notice at least
ten (10) Business Days prior to the commencement of any such
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112.
112.'.|
112.2
112.3
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work on the Collocation Space in order to afford CenturyLink the
opportunity of filing appropriate notices of non-responsibility.
However, failure by CenturyLink to give notice does not reduce
CenturyLink Communications LLC,'s liability under this Section;
111.1.4 If any claim or lien is filed against the Collocation Space, or any
action or proceeding is instituted affecting the title to the
Collocation Space, CenturyLink Communications LlC,shall give
CenturyLink written notice thereof as soon as CenturyLink
Communications LLC,obtains such knowledge;
111.1.5 CenturyLink Communications LlC,shall, at its expense, within
thirty (30) Days after filing of any lien of record, obtain the
discharge and release thereof or post a bond in an amount
sufficient to accomplish such discharge and release. Nothing
contained herein shall prevent CenturyLink, at the cost and for the
account of CenturyLink Communications LLC,from obtaining such
discharge and release if CenturyLink Communications LLC,fails or
refuses to do the same within the thirty-day period;
111.1.6 lf CenturyLink Communications LLC,has first discharged the lien
as provided by law, CenturyLink Communications LLC,may, at
CenturyLink Communications LLC,'s expense, contest any
mechanic's lien in any manner permitted by law.
PARTIAL DESTRUCTION
lf the Collocation Space or a portion thereof sufficient to make the Collocation
Space substantially unusable shall be destroyed or rendered unoccupiable by fire
or other casualty, CenturyLink may, at its option, restore the Collocation Space to
its previous condition. CenturyLink Communications LLC,'s rights to the
applicable Coltocation Space shall not terminate unless, within ninety (90) Days
after the occurrence of such casualty, CenturyLink notifies CenturyLink
Communications LLC,of its election to terminate CenturyLink Communications
LLC,'s rights to the applicable Collocation Space. lf CenturyLink does not elect
to terminate CenturyLink Communications LLC,'s rights to the applicable
Collocation Space, CenturyLink shall repair the damage to the Collocation Space
caused by such casualty.
Notwithstanding any other provision of this Agreement to the contrary, if any
casualty is the result of any act, omission or negligence of CenturyLink
Communications LLC,its agents, employees, contractors, CenturyLink
Communications LLC,'s customers or business invitees, unless CenturyLink
otherwise elects, CenturyLink Communications LLC,'s rights to the applicable
Collocation Space shall not terminate, and, if CenturyLink elects to make such
repairs, CenturyLink Communications LlC,shall reimburse CenturyLink for the
cost of such repairs, or CenturyLink Communications LlC,shall repair such
damage, including damage to the Building and the area surrounding it, and the
contractual monthly fees paid by CenturyLink Communications LLC,for the
affected collocation shall not abate.
lf the Building shall be damaged by fire or other casualty to the extent that
portions are rendered unoccupiable, notwithstanding that the Collocation Space
may be directly unaffected, CenturyLink may, at its election within ninety (90)
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113.
113.1
114.
114.1
1't5.
115.1
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Days of such casualty, terminate CenturyLink Communications LLC,'s rights to
the applicable Collocation Space by giving written notice of its intent to terminate
CenturyLink Communications LLC,'s rights to the applicable Collocation Space.
The termination as provided in this paragraph shall be effective one hundred
twenty (120) Days after the date of the notice.
EMINENT DOMAIN
lf the Premises, or any portion thereof which includes a substantial part of the
Collocation Space, shall be taken or condemned by any competent authority for
any public use or purpose, CenturyLink Communications LLC,'s rights to the
applicable Collocation Space shall end upon, and not before, the date when the
possession of the part so taken shall be required for such use or purpose. lf any
condemnation proceeding shall be instituted in which it is sought to take or
damage any part of the Premises, or if the grade of any street or alley adjacent to
the Premises is changed by any competent authority and such change of grade
makes it necessary or desirable to remodel the Premises to conform to the
changed grade, CenturyLink shall have the right to terminate CenturyLink
Communications LLC,'s rights to the applicable Collocation Space upon not less
than one hundred twenty (120) Days notice prior to the date of cancellation
designated in the notice. No money or other consideration shall be payable by
CenturyLink to CenturyLink Communications LLC,for such cancellation, and
CenturyLink Communications LLC,shall have no right to share in the
condemnation award or in any judgment for damages caused by such eminent
domain proceedings.
BANKRUPTCY
lf any voluntary or involuntary petition or similar pleading under any section or
sections of any bankruptcy act shall be filed by or against CenturyLink
Communications LLC,or any voluntary or involuntary proceeding in any court or
tribunal shall be instituted to declare CenturyLink Communications LLC,insolvent
or unable to pay CenturyLink Communications LLC,'s debts, or CenturyLink
Communications LLC,makes an assignment for the benefit of its creditors, or a
trustee or receiver is appointed for CenturyLink Communications LLC,or for the
major part of CenturyLink Communications LLC,'s property, CenturyLink may, if
CenturyLink so elects but not otherwise, and with or without notice of such
election or other action by CenturyLink, forthwith terminate this Agreement.
ASBESTOS
CenturyLink Communications LLC,is aware the Premises in which the
Collocation Space is located may contain or have contained asbestos or
asbestos containing building materials, and CenturyLink Communications LLC,is
hereby notified that the Premises in which the Collocation Space is located may
contain asbestos or asbestos containing building material (ACBM). CenturyLink
Communications LlC,agrees that it is responsible for contacting the appropriate
CenturyLink manager responsible for the Premises to determine the presence,
location and quantity of asbestos or ACBM that CenturyLink Communications
LLC,'s employees, agents, or contractors may reasonably expect to encounter
while performing activities in the Premises. CenturyLink Communications
LLC,shall not have responsibility or liability for any damages, expenses, costs,
fees, penalties of any kind arising out of, or in connection with, or resulting from
the disturbance of asbestos or ACBM in the Premises unless such disturbance
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116.
116.1
116.2
116.3
116.4
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arises out of or in connection with, or results from CenturyLink Communications
LLC,'s use of the Collocation Space or placement of equipment onto ACBM or
into areas containing asbestos identified by CenturyLink. CenturyLink agrees to
provide CenturyLink Communications LLC,reasonable notice prior to undertaking
any asbestos control, abatement, or other activities which may disturb asbestos
or ACBM that could potentially affect CenturyLink Communications LLC,'s
equipment or operations in the Collocation Space, including but not limited to the
contamination of such equipment. CenturyLink will not have responsibility or
liability for any damages, expenses, costs, fees, penalties of any kind arising out
of, or in connection with the presence of asbestos in CenturyLink Premises.
MISCELLANEOUS
CenturyLink Communications LLC,warrants that it has had no dealings with any
broker or agent in connection with this Agreement, and covenants to pay, hold
harmless and indemnify CenturyLink from and against any and all cost, expense
or liability for any compensation, commissions and charges claimed by any
broker or agent with respect to this Agreement or the negotiation thereof.
Submission of this instrument for examination or signature by CenturyLink does
not constitute a reservation of or option for license and it is not effective, as a
license or otherwise, until execution and delivery by both CenturyLink and
CenturyLink Communications LLC,.
Neither CenturyLink nor its agents have made any representation or warranties
with respect to the Collocation Space of this Agreement except as expressly set
forth herein; no rights, easements, or licenses shall be acquired by CenturyLink
Communications LLC,by implication or otherwise unless expressly set forth
herein.
ln the event of work stoppages, CenturyLink may establish separate entrances
for use by personnel of CenturyLink Communications LLC,. CenturyLink
Communications LlC,shall comply with any emergency operating procedures
established by CenturyLink to deal with work stoppages.
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117.
117.1
ARTICLE X. PRICING
GENERAL PRICING TERMS
All prices under this Agreement are set forth in the attachments designated Table
1 and Table 2 of this Agreement which are hereby incorporated into, and made a
part of, this Agreement. lf this Agreement provides for a service that does not
have a corresponding rate in Table 1 or Table 2, or is not subject to Section 52,
CenturyLink will develop a rate consistent with the relevant Section.
Subject to the provisions of Section 62.1, all rates provided under this Agreement
shall remain in effect for the term of this Agreement.
APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS
lnterconnection. Every lnterconnection and service provided by CenturyLink,
whether direct or indirect, shall be subject to all rates, terms and conditions
contained in this Agreement, which are legitimately related to such
lnterconnection or service, including rates set forth in this Article, as in applicable
Tariffs, or as specified by the lnterconnection terms. Should we substitute
TELRIC language for this section?
Unbundled Network Elements. The charges that CenturyLink Communications
LlC,shall pay to CenturyLink for Unbundled Network Elements are set forth in
Table 1 of this Agreement.
Collocation. The charges that CenturyLink Communications LlC,shall pay to
CenturyLink for Collocation are set forth in Table 2 of this Agreement.
APPLICATION OF NONRECURRING CHARGES
Pre-ordering:
119.1.1 "Account Establishment" is a one-time charge applied the first time
that CenturyLink Communications LlC,orders any service from a
CenturyLink Affiliate.
119.1.2 "Customer Service Record" ("CSR') applies when CenturyLink
Communications LLC,requests a summary of the services
currently subscribed to by the End User Customer.
A Service Order Charge for all LSRs (including Number Portability and NID
LSRs) will be applicable when submitting a Local Service Request (LSR) for any
reason other than for CSR purposes; CSRs will be charged at the CSR rate. The
Service Order Charge covers the administrative order processing costs and is
not associated with the recovery of any technical or materials costs that may be
recovered through other charges. CenturyLink will bill the Service Order charge
for an LSR regardless if the LSR is later supplemented, clarified, or cancelled.
117.2
118.
1 18.1
118.2
1 18.3
119.
119.1
119.2
119.3 Custom Handling. These NRCs are in addition to any Pre-ordering or Ordering
and Provisioning NRCs:
119.3.1 "Service Order Expedite" applies if CenturyLink Communications
LLC,requests service prior to the standard due date intervals.
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120.
120.1
120.2
121.
121.1
121.2
122.
122.1
122.2
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119.3.2 "Coordinated Hot Cut" applies when the LSR requests a
Coordinated Hot Cut, a combined and simultaneous effort
between CenturyLink and CenturyLink Communications LLC,to
perform the completion of a Local Service Request order.
"Time and Materials" charges apply for non-standard or individual-
case-basis work requested by CenturyLink Communications LLC,.
"NlD Outside Facility Connection" applies in addition to the ISO
when incremental fieldwork is required.
119.3.4
119.3.4
NON-RECURRTNG CHARGES (NRCS) FOR RESALE SERVTCES
NRCs, other than those for Pre-ordering and Custom Handling specifically listed
in this attachment, will be charged from the appropriate retailTariff.
For subscriber conversions requiring coordinated cut-over activities, coordinated
hot cut charges will apply on a per order basis in addition to all other appropriate
charges.
TO BE DETERMTNED (TBD) PRTCES
Certain provisions in this Agreement and its Appendices and/or Attachments may
simply refer to pricing principles or identify a rate as "to be determined" or "TBD."
lf a provision references a specific rate element in Table 1 or 2 and there are no
corresponding prices or rates in such Table 1 or 2, such price shall be
considered TBD.
ln the event the Parties are unable to agree upon a price for a TBD item,
CenturyLink will use the Tariffed rate, if one exists, for the most analogous
Tariffed product or service as the interim price. Either Party may then invoke the
dispute resolution process set forth in Article ll to resolve disputes regarding TBD
pricing or the interim price, provided that such dispute resolution process is
invoked no later than one (1) year after the applicable interim price is
established. Any interim price will be subject to a true-up, not to exceed one (1)
year, once a permanent price is established.
tNDtvTDUAL CASE BASTS PRIC|NG (rCB)
lndividual Case Basis (lCB) pricing will be provided by CenturyLink upon request
from CenturyLink Communications LLC, for customer specific rates or terms for
network services and features for UNEs that are not otherwise provided for in this
Agreement.
CenturyLink will process ICB Pricing requests upon receipt from CenturyLink
Communications LLC,. CenturyLink will provide CenturyLink Communications
LLC,a price quote within thirty (30) Business Days from the receipt of the
request. Price quote intervals may vary depending upon the complexity of the
request but shall not exceed thirty (30) Business Days from the receipt of the
request.
185
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'123.
123.1
123.2
123.3
124.
124.1
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AUrHoRtzAroN ^ff:';rtTr"''t"=tLANEousEach person whose signature appears on this Agreement represents and
warrants that he or she has authority to bind the Party on whose behalf he or she
has executed this Agreement. Each Party represents it has had the opportunity
to consult with legal counsel of its choosing, and CenturyLink Communications
LLC, has not relied on CenturyLink's counsel or on representations by
CenturyLink's personnel not specifically contained in this Agreement in entering
into this Agreement.
CenturyLink represents and warrants that it is a validly existing legal entity and in
good standing under the laws of the State and has full power and authority to
execute and deliver this Agreement and to perform its obligations under this
Agreement.
CenturyLink Communications LLC, represents and warrants that it is a validly
existing legal entity and in good standing under the laws of the State, and has full
power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one and the
same instrument.
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SIGNATURE PAGE
lN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed and accepted
by its duly authorized representatives
CenturyLink Communications LLC CenturyTel of Idaho, lnc., dba as
CenturyLink,
CenturyTel of the Gem State-ldaho, lnc.,
dba as CenturyLink,
By:
Name:
Title:
Date:
Diane Wright
Manager Contracts Administration
7 /L6/20L4
Name: L. T. Christensen
Date:
Director - Wholesale Contracts
7 /16/20L4
Title:
t 5E0FC88BD57{5{.._
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Table 1
Account Establishment 3221t.o7
Customer Record Search - Manual $11.67
nrre+^mar Qannrd Saarnh - Elanl $3.23
Resale Discount 15.860/o
Macaada Pravicinnina h6r meaaada $0.000581
Data Transmission- Der messaoe $0.000000
Media Charoe - oer CD (Price reflects shiDoino via reoular U-S. Mail)$18.00
Temporary Suspension of Service for Resale - SUSPEND $0.00
Temoorarv Susoension of Service for Resale - RESTORE s2't.00
PIC Chanoe Charoe. oer chanqe Per Tariff
Ooerator Assistance / Directorv Assistance Brandino tcB
t0005 Tao and Label on a reinstall looo or an existino looo or resale $13.07
t0007 Trio Charoe $27.16
I0008 Service Order Requests for LSR - Simple $9.23
t0009 Service Order Requests for LSR - Complex s41.08
t0010 Service Order Reouests for DSR - Directorv Listinq Onlv S5.6tl
t0014 2-Wire Looo Coooerative Testinq $s7.22
t0015 4-Wire Looo CooDerative Testino $70.29
t00 16 Trouble lsolation Charoe $7s.32
Coordinated Conversion (Hot Cut)
First Quarter Hour $r 9.32
Additional Quarter Hour s19.32
Exoedite Charoes per Access Tariff
Special
Access Tariff
Time and Materials tcB
UNE to Special Access or Special Access to UNE Conversions or Migrations
lincludes EELI
t00't 8 DSI Loop. per circuit $100.s5
t0019 DSI TransDort. oer circuit 3t00.55
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DS3 Loop, per circuit s100.55
DS3 Transport, per circuit $100.55
2 Wire $1.29
4 Wire $2.59
Other NID Sizes tcB
NID Outside Facilities Connection tcB
Looo Make-Uo lnformation $r r.08
2-Wire Analoq
t0020 Band 1 $8s.25
10021 Band2 $31 ,l.16
10022 Band 3 $349.75
t0023 Band 4
10027 First Line $1 15.45
t0028 Second Line and Each Additional Line (same time)$32.45
t0029 Re-install (Cut Thru and DedicatedA/acant)$54.79
t0030 Disconnect $s9.67
4-Wire Analoo
t0031 Band'l sl 59.30
r0032 Band 2 s564.59
t0033 Band 3 $s82.94
t0034 Band 4
t0038 First Line ${ 38.49
t0039 Second Line and Each Additional Line (same time)$55.49
t0040 Re-install (Cut Thru and DedicatedA/acant)$74.90
t0041 Disconnect s59.67
2-Wire xDSL - Capable Loop
1o042 Band 1 $8s.2s
t0043 Band 2 $31 1.16
10044 Band 3 $349.75
t0045 Band 4
t0049 First Line $t I 8.19
r00s0 Second Line and Each Additional Line (same time)$35.20
t0051 Re-install (Cut Thru and DedicatedNacant)$54.79
t0052 Disconnect 359.67
2-Wire Disital Loop
10064 Band 1 $8s.2s
t0065 Band 2 $3r r.r 6
t0066 Band 3 $349.75
t0067 Band 4
t0071 First Line $118.19
too72 Second Line and Each Additional Line (same time)$35,20
t0073 Disconnect $59.67
2-Wire ISDN-BRI Dioital Looo
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$222.86
2 Wire Voice Grado and Diqital Data Distribution
Second Line and Each Additional Line
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$592.86
Line and Each Additional Line
Second Line and Each Additional Line (same time
Second Line and Each Additional Line (same time
Second Line and Each Additional Line
Second Line and Each Additional Line (same time
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DS3 Service
2 Wire Voice Grade and Disital Data Distribution
Load Coil Removal for all Digital UNE and xDSl-Capable loops that are less than
18,000 feet in length - per line conditioned (No Engineering or Trip charges -
The following charges apply to all loops of any length that require Bridged
Load Coil Removal: Looos 18kft or
Unload Addt'l cable pair. AE or
Remove Bridoed Tao or Reoeater. oer Underoround Location
Remove each Addt'l Bridqed Tap or ReDeater, UG same time. location and cable
Remove Bridoed Tao or ReDeater. oer Aerial Location
Remove each Addt'l Bridged Tap or Repeater, AE or BU same time, location and
cable
Remove Bridoed Tao or ReDeater. oer Buried Location
192
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elements are relevant in with UNE tr
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- DS1-DSo (oer DS1) - (Shelf onlv. rate does not include
- DS3-DS1 (per DS3
Dark Fiber AoDlication & Quote
Note: These elements are calculated and billed manually using one price per
and COS. Detail is provided by the DFA form returned to the customer.
Fiber Patch Panel. per fiber
Central Office lnterconnection,l-4 Patch Cords oer CO - lnstall or Disconnecl
Fiber End-to-End Testino. lnitial Strand
Dark Fiber End{o-End Testing, Subsequent Strand
Enhanced Extended Link (EEL) is a combination of Loop, Transport and
Multiplexing (when applicable). Refer to the specific UNE section (transport,
loop, multiplexing) in this document to obtain pricing for each specific
element.
See Rate Element / Service Order / lnstallation/Repair Center section of this
sheet for EEL Conversion
Local lnterconnection Entrance Facili
$1 17.48
Local lnterconnection Entrance Facili
DS1-DSo (oer DS1) - (Shelf onlv. rate does not include cards
LLC,
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Disconnect
VNXX Traffic - CTL Oriqinatino Access Rates
Toll VolP-PSTN Traffic
Ad Hoc (Each Additional ) Galley
More Than 3 Pairs oer UNE Loop Ordered
Repeater/Doubler lnstallation Cost (incl. 4 slot housing and I card), per
location
Where Soecial Construction Does Not
194
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Note: Multiplexer pricing available through Enhanced Extended Loop (EELs)
195
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LOOP BANDING .IDAHO
Exchanqe Name CLLI Band
T-083 Leadore LEDRIDXC 3
T-083 North Fork NFRKIDXC 2
T-083 Salmon SLMNIDXC 1
Erchanoe Name CLLI Band
T-148 Bruneau-Grasmere Riddle BRUNIDXC
T-148 Grasmere-Riddle GRRLIDXA
T-148 Grand View GRV\,VIDXC
T-148 Richfield RCFDIDXC I
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Table 2
Rate List - Ph),sical and Virtual Collocation Eloments IDAHO IDAHO
Line Element NRC MRC
Administrative, Engineering and Project Management Fees
,|New Collocation - Application Fee $ 2,661.14
2 New Collocation - Admin., Transm. Engr. & Project Management Fee $ 5,689.77
3 Minor Augment Fee $ 750.52
4 Minor Augment - Administrative & Project Management Fee $ 755.23
5 Minor Augment - Transmission Engineering Fee $ 526.91
6 Major Augment Fee $ 1,566.29
7 Major Augment - Administrative & Project Management Fee $ 1,960.23
I Major Augment - Transmission Engineering Fee $ 1,547.79
9 Space Report (per wire center)$ 893.62
Securiry Cage Construction
10 Security Cage - Engineering $ 495.35
Security Cage - Construction (Cost per Linear Foot)$ 46.64
Floor Space
12 Floor Space (Per Square Foot)$ 7.45
DC Power
3 Power Costs - Per Load Ampere Ordered $ 23.90
4 Power Costs - Connection to Power Plant up to 30 Amps $ 1,564.71 $ 19.09
5 Power Costs - Connection to Power Plant 3'l-60 Amps $ 2,499.21 $ 29.42
16 Power Costs - Connection to Power Plant 61-100 Amps $ 8,400.18 $ 89.74
17 Add Per Foot Over 1 1 0 Linear Feet $ 162.02 $ 1.65
18 Power Costs - Connection to Power Plant 10't-200 Amos s 18.495.89 s 194.52
'19 Add Per Foot Over 1 10 Linear Feet s 306 18 s 311
AC Power
20 Cost per AC Outlet lnstallation (per outlet 20 amps) (nonJoad use)$ 1.056.79
21 Cost Der Set of Overhead Liqhts $ 1,549.31
Cross Connect Facilities
22 DSO Switchboard Cable Per 100-Pr $ 29.84
23 DSO Co-Carrier Switchboard Cable Per 100 Pr.$ 684.04 $ 6.87
24 DSI Cross Connect (Per 28 pack of DSls)$ 39.28
25 DS1 Co-Carrier Cross Connect (Per 28 pack of DS'ls)$ 587.39 $ 7.37
26 DS3 Cross Connect (Per 12 pack of DS3s)$ 189.09
27 DS3 Co-Carrier Cross Connect (Per 12 pack of DS3s)$ 1,746.91 $ 15.06
2A Optical Cross-Connect Per 4 Fibers $ 15.77
29 Optical Cross-Connect Co-Carrier Per 4 Fibers $ 233.09 $ 9.84
30 lnternal Cable Space - Per 48 Fiber Cable $ s0.87
31 tnlemar uaDre space - rer ruu rr uopper JIuo uaore $ 20.55
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32 tnrernat uaDte - 4u FtDet $ l,rvr.vJ $ 39.98
33 rnternar uaDle - i,er l uu-Hr uopper sruD uaore $ 177.56 $ 41.77
Security Card
34 Secunty uard - Per uaro $15.00
AOOrUOnal LaDOr (;nargos (vlnual or Pnyslcal)
35 Additional Labor 114 hour CO Technician - Regular $ 18.62
36 Additional Labor 114 hour CO Technician - Overtime $ 27.93
37 Additional Labor 114 hour CO Technician - Premium $ 37.24
38 Additional Labor 'll4 hour CO Engineer $15.',t2
39 AOOtUOnat LaDOr t/4 nOUr UUr I ecnnrctan - Kegutat $ 18.62
40 AOOtUOnat LaOOr 1/4 nOUr UUH tecnnroan - Uvenrme $ 27.93
41 AOOrIOnat LaDOr 1/4 nOUr Ui'P tecnnrcran - i,remrum $ 37.24
42 Additional Labor 1/4 hour OSP Engineer $14.21
43 Adiacent On€ite Collocation lcB
44 Remote Terminal Collocation tcB
't98