20140912Application.pdf

CENTURYL!NK
1600 7th Avenue, Room 1 505
Seattle, Washington 98191
(206) 73&5178
Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
September ll,2014
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washinglon Street
P.O. Box 83720
Boise, Idaho 83720-0074
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Case No.: [New]
Application for Approval Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing are an original and three (3) copies of the Interim Interconnection Agreement
by and between CenturyTel of Idaho, lnc. dlblalCenturyLink, CenturyTel of the Gem State, Inc.
d/b/a CenturyLink and Electric Lightwave LLC for the State of Idaho. Centurylink respectfully
requests that this matter be placed on the Commission Decision Meeting Agenda for expedited
approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
Sincerely,
Maura E. Peterson
MEP/jga
Enclosure
cc: Douglas K. Denny (w/o encl.)
Integra Law and Policy
Associate General Counsel, Interconnection (w/o encl.)
Lisa A Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: (206) 345 -l 57 4
Facsimile : (206) 3 43 -4040
Lisa. anderl @centurylink. com
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IDAHO,INC. d/b/a CENTURYLINK AND
ICENTURYTEL OF THE GEM STATE, I APPLICATION FOR APPROVAL OF
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
INC. d/b/a CENTURYLINK FOR I INTERCONNECTION AGREEMENT
APPROVAL OF THE
INTERCONNECTION AGREEMENT
WITH ELECTRIC LIGHTWAVE LLC
FOR THE STATE OF IDAHO PURSUANT
To 47 U.s.C. $2s2(e)
CenturyTel of Idaho, Inc. dlbla CenturyLink and CenturyTel of the Gem State, lnc. dlbla
CenturyLink ("CenturyLink") hereby file this Application for Approval of Interim
Interconnection Agreement by and between CenturyTel of Idaho, lnc. dlbla CenturyLink,
CenturyTel of the Gem State, Inc. dlbla Centurylink and Electric Lightwave LLC for the State
of Idaho. The Agreement with Electric Lightwave LLC ("Electric Lightwave") 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
AppLIceTIoN FoR APPRoVAL oF INTERCoNNECTIoN AGREEMENT_ I
ELECTRIC LIcg[wevp 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
Electric Lightwave 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 l lth day of September,2Ol4.
CENTURYLINK
Attorney for Centurylink
AppITcaTIoN FoR APPRoVAL oF INTERCONNECTIoN AcnsgN4eNr - 2
ELECTRIC LIGHTWAVE LLC
CERTIFICATE OF SERVICE
I hereby certif that on this 1 I't day of September, 2014,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
ij [e-mail]
Douglas K. Denney
Integra
181l0 SE 34tl' Street
Building One, Suite 100
Vancouver, Washington 98683
dkdennev(E inte sratelecom. com
Integra Law and Policy
Associate General Counsel, Interconnection
6160 Golden Hills Drive
Golden Valley, Minnesota 55416
kdisaacs@inte eratelecom.com
Hand Delivery
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APPLICATIoN FoR APPRoVAL oF INTERCoNNECTIoN AGREEMENT _ 3
ELECTRIC LIGHTWAVE LLC
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CenturyLink*
INTERIM !NTERCONNEGTION AGREEMENT
BY AND BETWEEN
GenturyTel of ldaho, !nc. d/b/a GenturyLink
CenturyTel of the Gem State, lnc. d/b/a CenturyLink
AND
Electric Lightwave LLG
FOR THE STATE OF
!DAHO
DocuSign Envelope lD: D92943A7-6584-407E-8F26-5772A0A48165
ARTICLE I.
rABLE OF CONTENTS
DEFINITIONS............ ............... 7
1.
2..-.....--......7
ARTICLE II. GENERAL TERMS AND CONDITIONS ......................26
3. APPLICATION OF THESE GENERAL TERMS AND CONDITIONS,....... ................26
4. NATURE OF INTERIM ARRANGEMENT............ ..........,...26
5. INTENTIONALLY LEFT BLANK....... .............26
6. REGULATORY APPROVALS............ ............26
7. EFFECTIVE DATE, TERM AND TERMINATION ..............26
8. CLEC CERT!F|CATION............. .....................28
9. APPLTCABLE LAW ....................29
10. GHANGES lN LAW ................30
11. AMENDMENTS............... ........32
12. ASSIGNMENT.............. ..........32
13. CONFTDENTTAL TNFORMATION ...............33
14. CONSENT.. .........34
15. CONTACTS BETWEEN THE PARTIES................. .......34
16. GENERAL DTSPUTE RESOLUTrON................. ............34
17. INTENTIONALLY LEFT BLANK....... .........36
18. INTENTIONALLY LEFT BLANK....... .........36
19. ENTTRE AGREEMENT................. ..............36
20. FORCE MAJEURE .................37
21. FRAUD....... .........37
22. HEADTNGS .........37
23. TNTELLECTUAL PROPERTY......._.... ........38
24. LAW ENFORCEMENT ...........39
25. LIABILITY AND INDEMNIFICATION ...,.....41
26. SUBCONTRACTORS.... .........45
27. TNSURANCE .......45
28. NON-EXCLUSIVE REMEDrES........... ........46
29. RESERVATION OF RIGHTS...... ................46
30. NOTTCES ............47
31. REFERENGES............... .........48
32. RELATIONSHTP OF THE PART1ES................. ..............48
33. SUCGESSORS AND ASSIGNS - BINDING EFFECT...... .................48
34. SURVTVAL ..........49
35. TAXES/FEES................. .........49
36. TERRTTORY ........50
37. THIRD.PARTY BENEFICIARIES....... ........50
38. USE OF SERVTCE ..................51
39. FEDERAL JURISDICTIONAL AREAS ......51
40. wAtvER..... .........51
41. WTTHDRAWAL OF SERVICES. .................51
42. TECHNOLOGY UPGRADES........... ..........51
ARTTCLE il. TMPLEMENTATTON .................53
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IMPLEMENTATION PLAN......... ................53
sEcuRrrY DEPOSTT .............s3
START-UP DOCUMENTATTON .................55
LETTER OF AUTHORTZATTON (LOA) ......55
STANDARD PRACTICES ......58
ESCALATTON PROCEDURES........... .......58
INTENTIONALLY LEFT BLANK....... .........58
GoNTACT WITH END USERS ..................58
CAPACITY PLANNING AND FORECASTS..-....... ........59
BONA FrDE REQUEST (BFR) ...................60
ORDERING AND PROVISIONING... ..........62
uNlvERsAL SERVTCE FUND.......... ..........70
BILLING AND PAYMENTS/DISPUTED AMOUNTS............ .............70
AUDITS ...............77
CENTURYLINK OSS INFORMATION............. ..............78
pRovtstoN oF USAGE DATA .................81
CENTURYLINK ACCESS TO INFORMATION RELATED TO CLEC CUSTOMERS...............85
NETWORK MANAGEMENT.............. ........85
MAINTENANCE AND REPAIR ,.................. 86
EXPENSES .........87
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ARTICLE V. INTERCONNECTION, TRANSPORT AND TERMINATION OF TRAFFIC.......88
63.
64.
65.
66.
67.
SERVICES COVERED ..............88
NETWORK INTERCONNECTION METHODS ..............88
SIGNALING AND INTERCONNECTION TRUNKING REQUIREMENTS....... ......95
INTERCARRIER COMPENSATION ........101
TRANSIT TRAFFTC ..............109
tNTRODUCTtON....................... 1 1 1
INDIVIDUAL CASE BASIS PR!C!NG.................114
NETWORK INTERFACE DEVICE...... ......114
LOOP ................116
INTENTIONALLY LEFT BLANK....... ..-....123
LOOP MAKE-UP rNFORMATION.............. ..................123
LOCAL CIRCUIT SWITCHING ............124
DEDICATED TRANSPORT................. .....124
DARK FTBER TRANSPORT................. ....125
UNE COMBTNATTONS .........128
L|NE SPL|TTING.......... ........133
ROUTINE NETWORK MODI FICATIONS TO CENTU RYLINK'S EXISTING N ETWORK ...... 1 33
ARTICLE VI. UNBUNDLED NETWORK ELEMENTS.......... ...........111
68.
69.
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ARTTCLE V[. RESALE ...........135
81. LOCAL TELECOMMUNICATIONS SERVICES PROVIDED FOR RESALE ......135
82. GENERAL TERMS AND CONDITIONS FOR RESALE SERVICES.......................................135
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PRIC|NG ...........136
LIMITATIONS AND RESTRICTIONS ON RESALE ....137
CHANGES tN RETATL SERV|CE.... .........139
REQUIREMENTS FOR SPECIFIC SERVICES. ...........139
PRE.ORDERING AND ORDERING .........141
ACCESS CHARGES ........
RESALE OF CLEC',S TELECOMMUNTCATTONS SERVICES................. ...........142
83.
84.
85.
86.
87.
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91.
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117.
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1 19.
120.
121.
122.
ARTIGLE VII!.
NUMBER PORTABLTTY................ ..........143
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS.OF.WAY .................147
BASTC 911 AND E911 SERV1GE............. ....................147
DTRECTORY ASS1STANCE................. ....155
DIRECTORY LISTINGS SERVICE.... .......155
SCOPE OF COLLOCATION TERMS ......159
TERMINATION OF COLLOCATION SPACE ..............159
coLLocATtoN oPTroNS................. ......160
DEMARCATION POINT .......164
AppLtcATloN PROCESS.............. .........164
spAcE RESERVATION............. ._............168
pRovrsroNrNc INTERVALS............ ......168
CONSTRUCTION AND COMMENCEMENT OF BILLING
GENERAL pRtCtNG TERMS...... ._...........'t93
APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS....... ............193
APPLICATION OF NON RECURRING CHARGES........................193
NON-RECURRTNG CHARGES (NRCS) FOR RESALE SERVICES.......................................194
h",",i,1ilf:XlI=3^9,?'J[,T,i,="ii;;;:::::::: ::::: ::::::::::::::::::::::::::: :: :::: :::: ::: :: ::::::::::::l3i
..168
103. EQU|PMENT................. ........170
104. AUGMENTS AND ADD|T!ONS........... .....172
105. USE OF COMMON AREAS .....................173
106. CO-CARRIER CROSS CONNECT1ON................. .......174
107. RATES ..............174
108. CENTURYLINK SERVTCES AND OBLIGATIONS.............. ............176
109. CLEC',S OBL!GAT!ONS.............. .............181
110. BUILDING RTGHTS ..............188
111. INDEMNIFICATION ..............189
112. PARTIAL DESTRUCTION............. ...........190
113. EMTNENT DOMATN ..............191
114. BANKRUPTCY.............. .......191
115. ASBESTOS .......192
116. MISCELLANEOUS ............192
ARTTCLE X. pRtClNG ..............193
ARTICLE Xt. MISCELLANEOUS ................195
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I nterim ! nterconnection Ag reement
This lnterim lnterconnection Agreement (the "Agreement") is entered into by and between
CenturyTel of ldaho, lnc. d/b/a CenturyLink and CenturyTel of the Gem State, lnc. d/b/a
CenturyLink, each of which is an ILEC ("CenturyLink"), and Electric Lightwave LLC, in its
capacity as a certified provider of local wireline Telecommunications Service ("CLEC").
CenturyLink and CLEC are herein referred to collectively as the "Parties" and each individually
as a "Party" provided however, that even though this Agreement refers to the lncumbent Local
Exchange Carriers (lLECs) doing business as "CenturyLink" by a single name, the terms and
provisions of this Agreement shall apply separately and independently with respect to each of
such separate, legal, entities, not as a collective group, and the exercise, assertion, application,
waiver or enforcement of each and any of the terms, obligations, duties, liabilities, rights,
privileges or other interests embodied in this Agreement by or against any of such ILECs shall
pertain, in each instance, only with respect to a single, individual ILEC, and shall not be deemed
to apply in an aggregate fashion to any of the other ILECs who are signatory parties to this
Agreement, unless mutually agreed upon in a separate written instrument executed by each
affected entity. This Agreement covers services in the State of ldaho ("State") and only in areas
which both Parties are certificated.
WHEREAS, the Parties wish to 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
WHEREAS, the Parties have not yet reached agreement on a number of important issues; and
WHEREAS, CLEC wishes to begin exchanging traffic with CenturyLink as soon as possible;
and
WHEREAS, the Parties wish to enter into an "lnterim Arrangement," pursuant to 47 C.F.R. S
51.715, which will allow the Parties to exchange traffic prior to the conclusion of negotiations for
a permanent interconnection agreement, such exchange of traffic subject to true-up to the rates,
terms and conditions of the permanent interconnection agreement;
NOW, THEREFORE, in consideration of the mutual provisions contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
without waiving any reservation of rights set forth herein, CenturyLink and CLEC hereby
covenant and agree as follows:
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ARTICLE !. DEFINITIONS
GENERAL RULES
1.1 Unless the context clearly indicates othenruise, 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.
DEF!NITIONS
91 1 Service or 911: Basic 911 Service provides a caller access to the appropriate PSAP
by dialing a 3-digit universal telephone number (91 1). As used in this Agreement,
references to 911 Service shall include E91 1 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
network and lnterexchange 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 47 U.S.C. 5153(2).
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 Messaoe Accountinq (AMA): The structure inherent in switch technology
that initially records telecommunication message information. AMA format is contained
in the Automated Message Accounting document, published by Telcordia Technologies
as GR-11OO-CORE, which defines the industry standard for message recording.
Automatic Location ldentification (ALl): A record that includes the subscriber's name
(identified by ANI), street address, emergency service number and other predetermined
information associated with the 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 (ANI): A telephone number associated with the access
line from which the call originates, used for selective routing and for display at a Public
Safety Answering Point (PSAP) to identify the caller. lt is the key field in the ALI
database. Any reference to ANI in this Agreement shall be deemed to be inclusive of
pANl, as appropriate.
Bill Date: The date when a CenturyLink service is billed and/or invoiced to a customer.
The Bill Date is generally the date one (1) day past the billing cycle close date and will
appear on any such bill or invoice.
Bill Due Date: The date that payment for a bill or invoice is due. The Bill Due Date shall
be the date thirty (30) Days from the Bill Date.
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Bona Fide Request (BFR): The process CLEC must use (1) to submit a request to
obtain 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 othenvise available under the terms of this Agreement; (2) when
facilities and equipment are not Currently Available; (3) when CLEC 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 Dav: Monday through Friday, except for company holidays on which
CenturyLink is officially closed for business.
Carrier Access Billino 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 Buildino or Buildino: 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 OfficeiTandem 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 CLEC
has been authorized to operate within the State as a provider of local Telephone
Exchange Services within CenturyLink's local service arca; 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-fonrvarding and caller identification, available within a
local exchange. CLASS is a service mark of Bellcore, 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.
Comminqle: The act of Commingling.
Comminqlino: The connecting, attaching, or othenrvise linking of an unbundled Network
Element, or a combination of unbundled Network Elements, to one or more facilities or
services that CLEC has obtained at wholesale from CenturyLink or the combining of an
unbundled Network Element, or a combination of unbundled Network Elements with one
or more such facilities or services.
Commission: The State Public Service or Public Utility Commission, as applicable.
Common Channel Sionalino (CCS): A high-speed, specialized, packet-switched
communications network that is separate (outof-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.
Competitive Local Exchanqe Carrier: As defined in 47 U.S.C. 5153(32), 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.
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Copper Loop: A stand-alone Local Loop comprised entirely of copper wire or copper
cable. Copper Loops include two-wire and four-wire analog voice-grade Copper Loops,
digital Copper Loops (e.9., DSOs and 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
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 Callino Features: A set of Telecommunications Service features available to
residential and single-line business customers including call-waiting, call-forwarding and
three-party calling.
Customer Proprietarv Network lnformation (CPNI): Shall have the meaning set forth in
47 U.S.C. $222 and shall also include any additional information specified pursuant to
State law.
Customer Service Record (CSR): A record detailing the services to which an End User
subscribes from its telecommunications provider(s).
Customer Service Record Search: A process requested by CLEC that typically
searches for basic account information, listing/directory information, service and
equipment listing, and billing information for a customer. CLEC must have obtained
proper authorization from the End User prior to requesting a Customer Service Record
Search. A Customer Service Record Search will be obtained by means of a LSR where
such request is permitted by the provisions of this Agreement.
Dark Fiber: Fiber within an existing fiber optic cable that has not been activated through
optronics to render it capable of carrying a Telecommunications Service.
Dark Fiber Transport: CenturyLink's unactivated optical interoffice transmission
facilities, that are within CenturyLink's network and connect CenturyLink switches or
Wire Centers within the same LATA and State. Dark Fiber Transport does not include
transmission facilities between the CenturyLink network and CLEC's network or the
location of CLEC's equipment.
Database 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 Transport: UNE transmission path between one of CenturyLink's Wire
Centers or switches and another of CenturyLink's Wire Centers or switches within the
same LATA and State or CenturyLink interoffice transmission facilities that are dedicated
to a particular customer or carrier.
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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
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 Multiplexer (DSLAM): Equipment that links End User
xDSL connections to a single packet switch, typically ATM or lP.
Direct Trunked Transport (DTT): A DS1 or DS3 interoffice facility that connects the
CenturyLink Serving Wire Center of the CLEC's Local lnterconnection Entrance Facility
or Collocation to the terminating CenturyLink Tandem or End Office used exclusively for
the transmission and routing of Telephone Exchange Service and Exchange Access.
Disputed Amounts: An amount or any portion of bill or invoice sent to a Party that the
billed Party contends, in good faith, is not due and payable. For an amount to qualify as
a Disputed Amount, the billed Party must provide written notice to the billing Party of the
nature and amount of the disputed charge(s) using the process and time period
established by the billing Party.
DS-1: A service having an absolute digital signal speed of 1.544 Mbps.
DS-3: A service having an absolute digital signal speed 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 Operator: 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.
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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.
Emeroencv Services: Law enforcement, fire, ambulance, rescue, and medical services.
Emeroencv 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 SFyESN combination per
NENA standards. The ESQK is expected to be a ten-digit North American Numbering
Plan number.
Emeroencv 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.
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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 47 U.S.C. 5153(20).
Exchanqe Messaoe lnterface (EMl): The standard used for the exchange of
telecommunications message information among Telecommunications Carriers for
billable, non-billable, sample, settlement, and study data. An Exchange Message
lnterface (EMl) was formerly known as an Exchange Message Record (EMR).
FCC: The Federal Communications Commission.
Federal Universal Service Charoe (FUSC): An End User charge that allows a
Telecommunications Carrier to recover certain costs of its universal service contributions
from its customers.
Federal Universal Service Fund (FUSF): A fund administered by the Universal Service
Administrative Company (USAC) into which Telecommunications Carriers pay their
FUSF contributions.
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 fibertothe curb Local Loop must
connect to a copper distribution plant at a serving area interface from which every other
copper distribution subloop also is not more than five hundred (500) feet from the
respective customer's premises..
Fiber-tothe-home Loop (FTTH Loop): A Local Loop consisting entirely of fiber optic
cable, whether dark or lit, and serving an End User's customer premises or, in the case
of predominantly residential MDUs, a fiber optic cable, whether dark or lit, that extends
to the multiunit premises' MPOE.
Grandfathered Service: A service which is no longer available for new customers and is
limited to the current customer at their current locations with certain provisioning
limitations, including but not limited to upgrade denials, feature adds/changes and
responsible/billing party.
Hvbrid Loop: A Local Loop composed of both fiber optic cable, usually in the feeder
plant, and copper wire or cable, usually in the distribution plant.
lncumbent Local Exchanoe 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. 5153(24).
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.
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lnside Wire or lnside Wirino: 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
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.
Interconnection: Shall havethe meaning setforth in 47 C.F.R. S51.5, 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 IntraLATA Toll traffic originated by the End Users of
CLEC acting in its capacity as a Local Exchange Carrier and not in its capacity as, or on
behalf of, an lXC.
lnteqrated Services Dioital Network (ISDN) User Part (ISUP): A part of the SS7 protocol
that defines call setup messages and calltakedown messages.
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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 CLEC's network are used to originate Switched Access Service traffic by an
End User to be delivered to an lnterexchange Carrier (lXC)for call completion, or where
both CenturyLink's network and CLEC's network are used to terminate Switched Access
Service traffic delivered by an IXC to an End User.
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.
Local Access and Transport Area (LATA): Shall have the meaning set forth in 47 U.S.C.
s153(31).
Local Callino 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 Exchanoe Carrier (LEC): Shall have the meaning set forth in 47 U.S.C. 5153(32).
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 Group: 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 CLEC is
granted exclusive use. This includes all electronics, optronics and intermediate devices
(including repeaters and load coils) used to establish the transmission path to the
customer premises. Local Loops include Copper Loops, Hybrid Loops, DSI loops, DS3
loops, and FTTC Loops.
Local Service Request (LSR): The Ordering and Billing Forum document designated by
CenturyLink to be used by the Parties to establish, add, change or disconnect local
Telecommunications Services and Unbundled Network Elements for the purpose of
providing competitive local Telecommunications Services. Sometimes referred to as a
Service Order.
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Local Traffic: Traffic, including Vo|P-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) anytrafficthat 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
defined in existing CenturyLink Tariffs, and shall be considered to be "Local Traffic" as
such term is used in this Agreement.
Loop 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 CLEC as part of the Pre-ordering Process. Examples of the type of
information provided are:
Composition of the loop material, i.e. fiber optics, copper;
Existence, location and type of any electronic or other equipment on the Local
Loop, including but not limited to:
a. Digital Loop Carrier (DLC) or other remote concentration devices;
b. Feeder/distribution interfaces;
c. Bridge taps;
d. Load coils;
e. Pair gain devices; or
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.
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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 Callino 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-Soan Fiber Meet: An lnterconnection architecture whereby two carriers' fiber
transmission facilities meet at a mutually agreed upon point for the mutual exchange of
traffic, subject to the trunking requirements and other terms and provisions of this
Agreement. The "point" of lnterconnection for purposes of 47 U.S.C. SS251(cX2) and
251(c)(3) remains on CenturyLink's network and is limited to the lnterconnection of
facilities between the CenturyLink Serving Wire Center and the location of the CLEC
switch or other equipment located within the area served by the CenturyLink Serving
Wire Center.
Minutes of Use: Shall be abbreviated as MOU.
Multiple Exchanoe 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 Exchanoe Carriers Orderino and Desiqn Guidelines for Access Services -
lndustrv Support lnterface (MECOD):A document developed by the
OrderingiProvisioning Committee under the auspices of the Ordering and Billing Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the
Alliance for Telecommunications lndustry Solutions (ATIS). The currently effective
version of the MECOD document, published by ATIS (0404120-O0XX), establishes
methods for processing orders for access service that is to be provided by two or more
LECs.
National Emerqency Number Association (NENA): A not-for-profit corporation
established in '1982 to further the goal of "One Nation-One Numbef'for emergency calls.
NENA is a networking source and promotes research, planning, and training. NENA
strives to educate, set standards and provide certification programs, legislative
representation and technical assistance for implementing and managing 911 systems.
Network Element: Shall have the meaning set forth in 47 U.S.C. 5153(35).
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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 1O-digit directory numbers consisting of a three-digit area code, a three-digit
office code, and a four-digit line number. The plan also extends to format variations,
prefixes, and special code applications. NANP also sets rules for calls to be routed
across these countries.
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 1O-digit
telephone number within the NANP. Each NPA contains 800 possible NXX Codes.
There are two general categories of NPA: "Geographic NPAs" and "Non-Geographic
NPAs". A Geographic NPA is associated with a defined geographic area, and all
telephone numbers bearing such NPA are associated with services provided within that
geographic area. A Non-Geographic NPA, also known as a "Service Access Code" or
"SAC Code" is typically associated with a specialized Telecommunications Service that
may be provided across multiple geographic NPA areas. 800, 900, 700, and 888 are
examples of Non-Geographic NPAs.
Number Portabilitv (NP): The ability of users of Telecommunications Services to retain,
at the same location, existing telecommunications numbers without impairment of
quality, reliability, or convenience when switching from one Telecommunications Carrier
to another.
NXX. NXX Code. Central Office Code or CO Code: The three-digit switch entity
indicator that is defined by the "D", "E", and "F" digits of a ten-digit telephone number
within the NANP. Each NXX Code contains 10,000 station numbers.
Orderinq and Billino Forum (OBF): An industry committee functioning under the
auspices of the Alliance for Telecommunications lndustry Solutions (ATIS).
Operations Support Svstems (OSS): The pre-ordering, ordering, provisioning,
maintenance and repair, and billing functions supported by CenturyLink's databases and
information.
Packet Switchinq or Packet Switched: The routing or forwarding of packets, frames,
cells, or other data units based on address or other routing information contained in the
packets, frames, cells or other data units, and the functions that are performed by the
digital subscriber line (DSL) access multiplexers, including but not limited to the ability to
terminate an End User's Copper Loop (which includes both a low-band voice channel
and a high-band data channel, or solely a data channel); the ability to fonrvard 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.
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Paritv: Means subject to the availability, development and implementation of necessary
industry standard Electronic lnterfaces, the provision by CenturyLink of services,
Network Elements or functionality under this Agreement to CLEC, including provisioning
and repair, at least equal in quality to those offered to CenturyLink, its Affiliates or any
other entity that obtains such services, Network Elements or functionality unless
otherwise set forth in Applicable Law. Until the implementation of necessary Electronic
lnterfaces, CenturyLink shall provide such services, Network Elements or functionality
on a non-discriminatory basis to CLEC as it provides to its Affiliates or any other entity
that obtains such services, Network Elements or functionality.
Partv or Parties: Shall mean CenturyLink, as described in the first paragraph of this
Agreement, or CLEC depending on the context and no other entity, Affiliate, Subsidiary
or assign. "Parties" refers collectively to both CenturyLink and CLEC and no other
entities, Affiliates, Subsidiaries or assigns.
Percentaoe 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.
Phvsical Collocation: An offering by CenturyLink that enables a requesting
Telecommunications Carrier to enter upon a CenturyLink Premises, subject to
reasonable terms and conditions, and place its own equipment to be used for
lnterconnection or access to Unbundled Network Elements within or upon an ILEC's
Premises and to use such equipment to interconnect with CenturyLink's network
facilities for the transmission and routing of Telephone Exchange Service, Exchange
Access Service, or both, or to gain access to CenturyLink's UNEs for the provision of a
Telecommunications Service, as provided in this Agreement, with space for such
purposes allotted on a first-come, first-served basis.
Point of lnterconnection (POl): A point on CenturyLink's network where the Parties
deliver lnterconnection traffic to each other, and also serves as a demarcation point
between the facilities that each Party is financially responsible to provide. The POI also
establishes the interface, the test point, and the operational responsibility hand-off
between CLEC 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.
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Public Safetv Answerino Point (PSAP): An entity to whom authority has been lawfully
delegated to respond to public emergency telephone calls originating in a defined
geographic area, and may include public safety agencies such as police, fire, emergency
medical, etc., or a common bureau serving a group of such entities. A PSAP may act as
a primary or secondary, which refers to the order in which calls are directed for
answering. Primary PSAP is the PSAP to which 911 calls are routed directly from the
Selective Router and Secondary PSAPs receive calls transferred from the primary
PSAP.
Rate Center: The specific geographic area that is associated with one or more particular
NPA-NXX Codes that have been assigned to a LEC for its provision of basic exchange
Telecommunications Services. The "Rate Center area" is the exclusive geographic area
identified as the area within which CenturyLink or CLEC will provide Basic Exchange
Telecommunications Services bearing the particular NPA-NXX designations associated
with the specific Rate Center.
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 C.F.R. $5'1 Subpart H.
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.
Routine Network Modifications: An activity that CenturyLink regularly undertakes for its
own customers, as more particularly described in Section 80.
Routino 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 BR795-100-100, 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 9'11 calls to the proper PSAP, or
other designated destinations, based upon the caller's location information and other
factors.
Service Affectinq: A "Service Affecting" issue or dispute shall mean that such issue or
dispute, unless resolved, places a Party's End User in immediate or imminent risk of not
being able to use the service to which that End User subscribes.
Service Order: An order submitted by CLEC to CenturyLink ordering or changing an
unbundled network element, or other services and facilities (including any porting
requests) available in accordance with the terms of this Agreement.
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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.
Sionalinq 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.
Sionalino Svstem 7 (SS7): The signaling protocol, Version 7, of the CCS network,
based upon American National Standards lnstitute (ANSI) standards that is used to
provide basic routing information, call set-up and other call termination functions.
Sionalinq 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.
Switched Access Services: The offering of transmission andior 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. CLEC Switch(es) shall be considered
Tandem Office Switch(es) to the extent such Switch(es) serve(s) a comparable
geographic area as CenturyLink 's Tandem Office Switch. A fact-based consideration of
such geography by the Commission should be used to classify any Switch on a
prospective basis.
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Tariff: Any applicable Federal or state Tariff, price list or price schedule of a Party, as
amended from time-to-time, that provides for the terms, conditions and pricing of
Telecommunications Services. A Tariff filing may be required or voluntary and may or
may not be specifically approved by the Commission or FCC. ln the event this
Agreement refers to a Tariff for a service or arrangement that is not offered, or is no
longer offered, under a Tariff, then the reference shall be deemed to refer to an
applicable price list.
TDM or TDM Technoloqv or Time Division Multiplexino: A method of multiplexing in
which a common transmission path is shared by a number of channels on a cyclical
basis by enabling each channel to use the path exclusively for a short time slot. This
technology is used to provision traditional narrowband services (e.9., voice, fax, dial-up
lnternet access) and high-capacity services like DSland DS3 circuits.
Technicallv Feasible: lnterconnection, access to Unbundled Network Elements,
collocation and other methods of achieving lnterconnection or access to Unbundled
Network Elements at a point in the network shall be deemed Technically Feasible absent
technical or operational concerns that prevent the fulfillment of a request by a
Telecommunications Carrier for such lnterconnection, access or methods.
Telcordia: Means Telcordia Technologies, lnc. which is a leading provider of software
and services for the telecommunications industry, or any successor entity providing the
same functions which are referenced in this Agreement.
Telecommunications: Shall have the meaning set forth in 47 U.S.C. 5153(50).
Telecommunications Carrier: Shall have the meaning set forth in 47 U.S.C. 5153(51).
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 Equipment: Shall have the meaning set forth in 47 U.S.C.
s153(52).
Telecommunications Service: Shall have the meaning set forth in 47 U.S.C. 5153(54).
Telephone Exchanoe Service: Shall have the meaning set forth in 47 U.S.C. 5153(47).
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 CLEC. "Time" charges are for the cost of labor which includes, but is not
limited to, work preparation and actual work. This labor time is multiplied by an
applicable labor rate. "Material" charges are for the cost of items required to fulfill the job
requirements.
Toll VoIP-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 CLEC through CenturyLink's network for
delivery to another carrier's network or that is routed by another carrier through
CenturyLink's network for delivery to CLEC's network. For purposes of this Agreement,
Transit Traffic does not include Jointly Provided Switched Access Traffic.
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. 5251(cX3). Specific references to Unbundled Network Elements or UNEs
contained throughout this Agreement are to the Unbundled Network Elements described
in Article Vl: UNEs of this Agreement.
Virtual Collocation: Virtual Collocation is as defined in 47 C.F.R. S51.5.
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Virtual NXX Traffic NNXX 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
premises 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
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
premises 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.9., a telephone handset, modems, servers, calling card platform
equipment, etc.) associated with such NPA-NXX-XXXX is physically, geographically
located.
Vo|P-PSTN Traffic is traffic which is exchanged between a CenturyLink End User and
the CLEC End User in Time Division Multiplexing ("TDM') format that originates from
and/or terminates to a Party's end user customer in lnternet Protocol ("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.com/wholesale
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(cX4)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
APPLICATION OF THESE GENERAL TERMS AND CONDITIONS
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.
NATURE OF INTERIM ARRANGEMENT
4.1 The Parties execute this interim arrangement pursuant to 47 C.F.R. S 51.715.
This interim arrangement is intended to remain in effect only until the
applicable state commission approves a permanent interconnection
agreement pursuant to either negotiation or arbitration. All payments made
under this interim arrangement will be subject to true-up to the rates, terms
and conditions of the approved permanent interconnection agreement.
Nothing in this interim arrangement in any way prohibits, waives or otheruvise
affects any position either Party is currently taking or may take in the
negotiation/arbitration of a permanent interconnection agreement between
the Parties. This Agreement is an integrated package that reflects a
balancing of interests critical to the Parties. The Parties agree that their entry
into this Agreement is without prejudice to and does not waive any positions
they may have taken previously, or may take in the future, in any legislative,
regulatory, judicial or other public forum addressing any matters, including
matters related to the same types of arrangements andior matters related to
CenturyLink's rates and cost recovery that may be covered in this
Agreement. CLEC agrees to accept these terms and conditions with
CenturyLink based on this Agreement as reciprocal where applicable.
Furthermore, to the extent they apply to CenturyLink's provision of services
and/or facilities to CLEC, such terms are intended to apply only to the extent
required by Applicable Law.
5. INTENTIONALLY LEFT BLANK
6. REGULATORYAPPROVALS
6.1 This Agreement, and any amendment or modification hereof, will be
submitted to the Commission for approval in accordance with $252 of the Act
within thirty (30) Days after obtaining the last required Agreement signature.
Centurylink and CLEC shall use their best efforts to obtain approval of this
Agreement by any regulatory body having jurisdiction over this Agreement.
ln the event any governmental authority or agency rejects any provision
hereof, the Parties shall negotiate promptly and in good faith such revisions
as may reasonably be required to achieve approval.
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 ("Etfective Date"); however the Parties
may agree to implement the provisions of this Agreement upon execution by
both Parties.
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7.3
7.4.
7.5
7.6
7.7
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7.1.1 Notwithstanding the above, the initiation of a new CLEC
account, any new provision of service or obligation or any
revision to currently existing services or obligations shall not
take effect for up to sixty (60) Days after execution by both
Parties to accommodate required initial processes. No order or
request for services under this Agreement shall be processed
nor shall any CenturyLink obligation take etfect before CLEC
has established a customer account with Centurylink and has
completed any implementation, planning, and forecasting
requirements as described in this Agreement.
Term. This interim arrangement shall be in effect only until a permanent
interconnection agreement between the Parties takes effect, either by
negotiation or arbitration.
INTENTIONALLY LEFT BLANK.
INTENTIONALLY LEFT BLANK.
I NTENTIONALLY LEFT BLANK.
Suspension or Termination Upon Default. Either Party may suspend or
terminate this Agreement, in whole or in part, in the event of a Default by the
other Party so long as the non-defaulting Party notifies the defaulting Party in
writing of the Default and the defaulting Party does not cure the Default within
thirty (30) Days of 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 CLEC of its
Default, CenturyLink shall not be required to process new Service Orders
until the Default is timely cured.
Termination Upon Sale. Notwithstanding anything to the contrary contained
herein, a Party may terminate its obligations under this Agreement as to a
specific operating area or portion thereof if such Party sells or otherwise
transfers the area or portion thereof to a non-Affiliate. 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.
7.2
7.8
7.9
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7.9.1
7.9.2
7.9.3
8.CLEC CERTIFICATION
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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.
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 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
cancelthe commitment.
lf either Party elects to cancel the service commitment pursuant
to the proviso in Section 7.9.2, the purchasing Party shall not be
liable for any termination charge that would otherwise have
applied. However, if the commitment was cancelled by the
purchasing Party, the purchasing Party shall pay the difference
between the price of the service that was actually paid by the
purchasing Party under the commitment and the price of the
service that would have applied if the commitment had been to
purchase the service only until the time that the commitment
was cancelled.
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Notwithstanding any other provision of this Agreement, CenturyLink shall
have no obligation to perform under this Agreement until such time as CLEC
has obtained such FCC and Commission authorization(s) as may be required
by Applicable Law for conducting business in the State as a competitive local
exchange carrier. CLEC shall not be permitted to establish its account nor
place any orders under this Agreement until it has obtained such
authorization and provided proof of such to CenturyLink. For the life of this
Agreement, CLEC must represent and warrant to CenturyLink that it remains
a certified local provider of Telephone Exchange Service within CenturyLink's
Local Calling Area(s) in the State. At any time during the life of this
Agreement, CLEC will provide a copy of its current Certificate of Operating
Authority or other evidence of its status to CenturyLink upon request. CLEC's
failure to maintain such authorization(s) as may be required by Applicable
Law for conducting business in the State as a CLEC shall be considered a
Default of Agreement.
APPLICABLE LAW
9.1 Parties' Agreement to Comply with Applicable Law. Each Party shall remain
in compliance with Applicable Law in the course of performing this
Agreement.
8.1
9.
9.1.1
9.1.2
9.1.3
9.1.4
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Neither Party shall be liable for any delay or failure in
performance resulting from any requirements of Applicable Law,
or acts or failures to act of any governmental entity or official.
Each Party shall promptly notify the other Party in writing of any
governmental action that limits, suspends, cancels, withdraws,
or otherwise materially affects the notifying Party's ability to
perform its obligations under this Agreement.
Each Party shall be responsible for obtaining and keeping in
effect all FCC, Commission, franchise authority and other
regulatory approvals that may be required and comply with
Applicable Law in connection with the performance of its
obligations under this Agreement
Both Parties shall satisfy all applicable service standards,
intervals, measurements, specifications, performance
requirements, technical requirements, and performance
standards that are required Applicable Law.
9.2 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.
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Choice of Law and Venue. This Agreement shall be governed by and
construed in accordance with the Act, applicable federal and (to the extent
not inconsistent therewith) domestic laws of the State where the services are
being provided, and shall be subject to the exclusive jurisdiction of the State
or of the federal courts of Monroe, Louisiana. ln all cases, choice of law shall
be determined without regard to a local State's conflicts of law provisions.
Severability. lf any provision of this Agreement is held to be invalid, void or
unenforceable for any reason, such invalidity will affect only that specific
provision of the Agreement. ln all other respects, this Agreement will stand
as if such provision had not been a part thereof, and the remainder of the
Agreement shall remain in full force and effect and shall in no way be
affected, impaired or invalidated. lf the provision materially affects the rights
or obligations of a Party hereunder, or the ability of a Party to perform any
material provision of this Agreement, the Parties shall promptly negotiate an
amendment to this Agreement in order to conform the Agreement to
Applicable Law. lf such amended terms cannot be agreed upon within a
reasonable period, either Party may, upon written notice to the other Party,
initiate Dispute Resolution pursuant to the terms of this Agreement, and any
resolution in favor of the affected Party will be considered retroactive to the
date Dispute Resolution was initiated. Notwithstanding the above, where the
affected provision is held to be invalid, void or unenforceable retroactively by
a court of competent jurisdiction, the resolution in favor of the affected Party
will be considered retroactive to the same extent, or to the extent specified in
the decision or twenty-four (24) months from the date Dispute Resolution was
initiated whichever is shorter.
CHANGES IN LAW
10.1 ln the event of any amendment of the Act, any effective legislative action or
any effective regulatory or judicial order, rule, regulation, arbitration award,
dispute resolution procedures under this Agreement or other legal action
purporting to apply the provisions of the Act to the Parties or in which the
court, FCC or the Commission makes a generic determination that is
generally applicable which revises, modifies or reverses the Applicable Rules
(individually and collectively, "Amended Rules"), either Party ffiay, 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 modification of the
Existing Rules for rates, and to the extent practicable for other terms and
conditions, unless othenrvise 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.
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9.4
10.
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10.3
10.4
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Removal of Existing Obligations. Notwithstanding anything in this Agreement
to the contrary, if, as a result of any legislative, judicial, regulatory or other
governmental decision, order, determination or action, or any change in
Applicable Law subsequent to the Effective Date, CenturyLink is no longer
required by Applicable Law to continue to provide any service, facility,
arrangement, payment or benefit ["Discontinued Arrangements"] otherwise
required to be provided to CLEC under this Agreement, then CenturyLink
may discontinue the provision of any such service, facility, arrangement,
payment or benefit. CenturyLink will provide thirty (30) Days prior written
notice to CLEC of any such discontinuation, unless a different notice period
or different conditions are specified by Applicable Law, in which event such
specified period and/or conditions shall apply. lmmediately upon provision of
such written notice to CLEC, CLEC will be prohibited from ordering, and
CenturyLink will not provide, new Discontinued Arrangements. The Parties
may amend this Agreement pursuant to the Amendment Section following to
reflect such change in Applicable Law. lf CLEC disputes CenturyLink's
discontinuance of such service, facility, arrangement, payment or benefit, the
dispute resolution procedures of this Agreement shall apply, and any
consequent changes to the terms of this Agreement (including billing terms)
as a result of such change in Applicable Law shall be retroactive to the
discontinuation date set forth in CenturyLink's written notice to CLEC unless
a definitive effective date is specified by Applicable Law.
Additions to Existing Obligations. Notwithstanding anything in this Agreement
to the contrary, if, as a result of any legislative, judicial, regulatory or other
governmental decision, order, determination or action, or any change in
Applicable Law subsequent to the Effective Date, CenturyLink is required by
such change in Applicable Law to provide a service not already provided to
CLEC under the terms of this Agreement, the Parties agree to add or modify,
in writing, the affected term(s) and condition(s) of this Agreement to the
extent necessary to bring them into compliance with such change in
Applicable Law. The Parties shall initiate negotiations to add or modify such
terms upon the written request of a Party. lf the Parties cannot agree to
additional or modified terms to amend the Agreement, the Parties shall
submit the dispute to dispute resolution pursuant to the procedures set forth
in this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, the
Amendment Section following shall control. Should the Parties be unable to
reach agreement with respect to the applicability of such order or the
resulting appropriate modifications to this Agreement, either party may invoke
the Dispute Resolution provisions of this Agreement. CenturyLink may charge
rates to CLEC under this Agreement that are approved by the Commission in
a generic cost proceeding, whether such action was commenced before or
after the Effective Date of this Agreement, as of the effective date of the
Commission decision and such ordered rates shall be implemented without
the requirement of an Amendment to this Agreement.
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AMENDMENTS
11.1 Any amendment, modification, deletion or supplement to this Agreement
must be in writing, dated and signed by an authorized representative of each
Party and filed with the Commission, except for notices of Discontinued
Arrangements. The term "Agreement" shall include any such future
amendments, modifications, deletions and supplements.
ASSIGNMENT
11.
12.
12.1
12.2
12.3
12.4
lf any Affiliate of either Party succeeds to that portion of the business of such
Party that is responsible for, or entitled to, any rights, obligations, duties, or
other interests under this Agreement, such Affiliate may succeed to those
rights, obligations, duties, and interest of such Party under this Agreement.
ln the event of any such succession hereunder, the successor shall expressly
undertake in writing to the other Party the performance and liability for those
obligations and duties as to which it is succeeding a Party to this Agreement.
Except as provided in Section12.1, any assignment of this Agreement or of
the obligations to be performed, in whole or in part, or of any other interest of
a Party hereunder, without the other Party's written consent, shall be void.
Upon a request by a Party for such consent, the other Party shall not
unreasonably withhold or delay such consent, provided however, that
reasonable grounds for withholding consent would include, without limitation,
the existence of any material default by the requesting Party. For purposes
of this paragraph, a Party shall be considered to be in material default if there
are any outstanding amounts owed that have not been paid on or before the
due date.
lf a Party uses products or services obtained from the other Party under this
Agreement to serve End Users, then such Party may not make any sale or
transfer of such End User accounts, or any facilities used to serve such End
Users, unless the purchaser or transferee has executed a written agreement
to assume liability for any outstanding unpaid balances owed to the other
Party under this Agreement for such services and products. Notwithstanding
any assumption of liability by the purchaser or transferee, the Party selling or
transferring such End User accounts, or facilities, shall remain jointly liable for
the unpaid balances until the same are satisfied, in full, unless the selling or
transferring Party obtains a written release of liability from the other Party,
which release shall be at the reasonable discretion of the other Party.
lf a Party seeks to transfer only a portion of facilities ordered pursuant to this
Agreement, while retaining other facilities, then such transfer shall be treated
as a disconnection and subsequent activation, subject to applicable
disconnection and activation charges for such facilities, including any early
termination fees, if applicable.
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13. CONFIDENTIALINFORMATION
13.2
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 is not limited to, orders for services, usage information in any
form, and CPNI as that term is defined by the Act and the rules and
regulations of the FCC, and where applicable, the rules and regulations of the
Commission (Confidential lnformation).
Each Party agrees to use Confidential lnformation only for the purpose of
performing under this Agreement, to hold it in confidence, to disclose it only
to employees or agents who have a need to know it in order to perform under
this Agreement, and to safeguard Confidential lnformation from unauthorized
use or Disclosure using no less than the degree of care with which Recipient
safeguards its own Confidential lnformation.
Recipient may disclose Confidential lnformation if required by law, a court, or
governmental agency, if the Disclosing Party has been notified of the
requirement promptly after Recipient becomes aware of the requirement, andthe Recipient undertakes all laMul measures to avoid disclosing such
information until Disclosing Party has had reasonable time to obtain a
protective order. Recipient will comply with any protective order that covers
the Confidential lnformation to be disclosed.
Neither Party shall produce, publish, or distribute any press release nor other
publicity referring to the other Party or its Affiliates, or referring to this
Agreement, without the prior written approval of the other Party. Each party
shall obtain the other Party's prior approval before discussing this Agreementin any press or media interviews. ln no event shall either Party
mischaracterize the contents of this Agreement in any public statement or in
any representation to a governmental entity or member thereof.
Recipient shall have no obligation to safeguard Confidential lnformation
which was in the Recipient's possession free of restriction prior to its receipt
from Disclosing Party, which becomes publicly known or available through no
breach of this Agreement by Recipient, which is rightfully acquired by
Recipient free of restrictions on its Disclosure, or which is independently
developed by personnel of Recipient to whom the Disclosing Party's
Confidential lnformation had not been previously disclosed.
Survival. The obligation of confidentiality and use with respect to Confidential
lnformation disclosed by one Party to the other shall survive any termination
of this Agreement for a period of five (5) years from the date of the initial
disclosure of the Confidential lnformation.
Each Party agrees that in the event of a breach of this Section by Recipient
or its representatives, Disclosing Party shall be entitled to equitable relief,
including injunctive relief and specific performance. Such remedies shall not
be exclusive, but shall be in addition to all other remedies available at law or
in equity.
13.3
13.4
13.5
13.6
13.7
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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 matter,
except that nothing in this paragraph shall prohibit a Party from engaging in
valid comparative advertising. This Section shall confer no rights on a Party
to the service marks, trademarks and trade names owned or used in
connection with services by the other Party or its Affiliates, except as
expressly permitted by the other Party.
13.9 Except as othenvise 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.
Except as otherwise expressly stated in this Agreement, where consent,
approval, mutual agreement or a similar action is required by any provision of
this Agreement, such action shall not be unreasonably withheld, conditioned
or delayed, except where such action is stated to be within a Party's sole
discretion.
CONTACTS BETWEEN THE PARTIES
15.1 Each Party shall update its own contact information and escalation list and
shall provide such information to the other Party for purposes of inquiries
regarding the implementation of this Agreement. Each Party shall accept all
inquiries from the other Party and provide a timely response. CenturyLink will
provide and maintain its contact and escalation list on the CenturyLink
Website, and any updates also will be provided on the Website. lnformation
contained on the Website will include a single contact telephone number for
CenturyLink's CLEC Service Center (via an 800#) that CLEC may call for all
ordering and status inquiries and other dayto-day inquiries at any time during
the Business Day. ln addition, the Website will provide CLEC with contact
information for the personnel and/or organizations within CenturyLink capable
of assisting CLEC with inquiries regarding the ordering, provisioning and
billing of lnterconnection, UNE and resale services. lncluded in this
information will be the contact information for a person or persons to whom
CLEC can escalate issues dealing with the implementation of the Agreement
and/or for assistance in resolving disputes arising under the Agreement.
GENERAL DISPUTE RESOLUTION
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.
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14.CONSENT
14.1
15.
16.
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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
16.2.2
16.2.3
16.2.4
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A Party may not submit a dispute to any court, commission or
agency of competent jurisdiction for resolution unless at least
sixty (60) Days have elapsed after the Party asserting the
dispute has given written notice of such dispute to the other
Party. Such notice must explain in reasonable detail the specific
circumstances and grounds for each disputed item. lf a Party
gives notice of a billing dispute more than thirty (30) Days after
the billing date and has not paid the disputed amounts by the
payment due date, then the notice of such dispute shall be
deemed to have been given thirty (30) Days after the billing date
for purposes of calculating the time period before such dispute
may be submitted to any court, commission or agency of
competent jurisd iction for resolution.
The Parties shall meet or confer as often as they reasonably
deem necessary in order to discuss the dispute and negotiate in
good faith in an effort to resolve such dispute. The specific
format for such discussions will be left to the discretion of the
Parties, provided, however, that all reasonable requests for
relevant, non-privileged, information made by one Party to the
other Party shall be honored, and provided that the following
terms and conditions shall apply:
lf the Parties are unable to resolve the dispute in the normal
course of business within thirty (30) Days after delivery of notice
of the Dispute (or such longer period as may be specifically
provided for in other provisions of this Agreement), then upon
the request of either Party, the dispute shall be escalated to
other representatives of each Party that have more authority
over the subject matter of the dispute. Referral of a dispute by a
Party to its legal counsel shall be considered an escalation for
purposes of this paragraph.
lf the Parties are unable to resolve the dispute within sixty (60)
Days after delivery of the initial notice of the dispute, then either
Party may file a petition or complaint with any court, commission
or agency of competent jurisdiction seeking resolution of the
dispute. The petition or complaint shall include a statement that
both Parties have agreed (by virtue of this stipulation) to request
an expedited resolution within sixty (60) Days from the date on
which the petition or complaint was filed, or within such shorter
time as may be appropriate for any Service Affecting dispute.
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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.
17. INTENTIONALLY LEFT BLANK
18. 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.
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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.
FRAUD
21.1 The Parties agree that they shall cooperate with one another to investigate,
minimize and take corrective action in cases of fraud. CLEC 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, CLEC's account in cases of fraud. The Parties' fraud
minimization procedures are to be cost effective and implemented so as not
to unduly burden or harm one party as compared to the other.
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.
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20.
21.
22.
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23. INTELLECTUAL PROPERWERROR! BOOKMARK NOT DEFINED.
23.2
CLEC acknowledges that its right under this Agreement to interconnect with
CenturyLink's network and to unbundle and/or combine CenturyLink's
Unbundled Network Elements (including combining with CLEC's Network
Elements) may be subject to or limited by lntellectual Property rights
(including, without limitation, patent, copyright, trade secret, trademark,
service mark, trade name and trade dress rights) and other rights of third
parties.
CLEC acknowledges that services and facilities to be provided by
CenturyLink hereunder may use or incorporate products, services or
information proprietary to third party vendors and may be subject to or limited
by lntellectual Property rights (including, without limitation, patent, copyright,
trade secret, trademark, service mark, trade name and trade dress rights)
and other rights of third parties.
Upon written request by CLEC, CenturyLink will use commercially reasonable
efforts to procure rights or licenses to allow CenturyLink to use lntellectual
Property and other rights of third parties to provide lnterconnection, UNEs,
services and facilities to CLEC (Additional Rights and Licenses). CLEC shall
promptly reimburse CenturyLink for all costs incurred by CenturyLink and/or
CenturyLink's Affiliates in connection with the procurement of Additional
Rights and Licenses, including without limitation all software license fees
and/or maintenance fees, or any increase thereof, incurred by CenturyLink or
any CenturyLink Affiliate. CenturyLink shall have the right to obtain
reasonable assurances of such prompt reimbursement by CLEC prior to the
execution by CenturyLink or any CenturyLink Affiliate of any new agreement
or extension of any existing agreement relating to any Additional Rights and
Licenses. ln the event CLEC fails to promptly reimburse CenturyLink for any
such cost, then, in addition to other remedies available to CenturyLink under
this Agreement, CenturyLink shall have no obligation to provide to CLEC any
Unbundled Network Element, product, service or facility to which such
Additional Rights and Licenses relate. ln the event any Unbundled Network
Element to which the Additional Rights and Licenses relate is provided to any
carrier(s) other than CenturyLink, CenturyLink's Affiliates and CLEC,
CenturyLink shall reasonably apportion among CLEC and such non-
CenturyLink carriers, on a prospective basis only, the costs incurred by
CenturyLink and/or its Affiliates in connection with the procurement and
continuation of such Additional Rights and Licenses; provided, however, that
such apportionment shall not apply to any previously incurred costs and shall
apply only for the period of such provision to such carrier(s).
Both Parties agree to promptly inform the other of any pending or threatened
lntellectual Property Claims of third parties that may arise in the performance
of this Agreement.
23.3
23.4
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23.5
23.6
23.7
23.8
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24.
For the purposes of this Agreement, any lntellectual Property originating from
or developed by such Party shall remain in the exclusive ownership of that
Party. Notwithstanding the exclusive ownership of lntellectual Property
originated by a Party, the Party that owns such lntellectual Property will not
assess a separate fee or charge to the other Party for the use of such
lntellectual Property to the extent used in the provision of a product or
service, available to either Party under this Agreement, that utilizes such
lntellectual Property to function properly.
Except as expressly stated in this Agreement, this Agreement shall not be
construed as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other lntellectual
Property, now or hereafter owned, controlled or licensable by either Party.
Except as expressly provided in this Agreement, neither Party may use any
patent, copyrightable materials, trademark, trade name, trade secret or other
lntellectual Property, of the other Party except in accordance with the terms
of a separate license agreement between the Parties granting such rights.
Except as provided in Section 23.3 and/or Section 25.1, neither Party shall
have any obligation to defend, indemnify or hold harmless, or acquire any
license or right for the benefit of, or owe any other obligation or have any
liability to, the other Party or its Affiliates or customers based on or arising
from any third party claim alleging or asserting that the provision or use of
any service, facility, arrangement, or software by either Party, or the
performance of any service or method, either alone or in conjunction with the
other Party, constitutes direct, vicarious or contributory infringement or
inducement to infringe, or misuse or misappropriation of any patent,
copyright, trademark, trade secret, or any other proprietary or intellectual
property right of any Party or third person. Each Party, however, shall offer to
the other reasonable cooperation and assistance in the defense of any such
claim.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT
THERE DOES NOT EXIST, ANY 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.
LAW ENFORCEMENT
24.1 Except to the extent not available in connection with CenturyLink's operation
of its own business, CenturyLink shall provide assistance to law enforcement
persons for emergency traps, assistance involving emergency traces and
emergency information retrieval on customer invoked CLASS services,
twenty-four (24) hours per day, seven (7) days a week.
Except where prohibited by a subpoena, civil investigative demand, or other
legal process, Centurylink agrees to work jointly with CLEC in security
matters to support law enforcement agency requirements for traps, traces,
court orders, etc. CLEC shall be responsible for and shall be billed for any
charges associated with providing such services for CLEC's End Users.
24.2
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24.3
24.4
24.5
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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.
If 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 andior the
court, governmental agency or law enforcement agency having appropriate
jurisdiction.
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.
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25. LIABILITY AND INDEMNIFICATION
25.2
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) 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.
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 User(s), but rather shall be the lndemnifying Party with respect to all
Claims by its custome(s) and End Use(s).
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25.4
25.5
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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 User(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).
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 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.
Limitation of Liability; Disclaimer of Consequential Damages; Exceptions.
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25.5.1
25.5.2
25.5.3
25.5.4
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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 CLEC 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.
EXCEPT AS PROVIDED IN SECTION 25,5.4, NEITHER
PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR
SPECIAL DAMAGES SUFFERED BY SUCH OTHER PARTY
(tNcLUDtNG WTTHOUT LtMtTATtON DAMAGES FOR HARM
TO BUSINESS, LOST REVENUES, LOST SAVINGS, OR LOST
PROFITS SUFFERED BY SUCH OTHER PARTY),
REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, WARRANTY, STRICT LIABILIry, 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.
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.
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;
d. Any breach by CLEC of any provision relating to
CLEC'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;
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i. Liability arising under any indemnification provision
contained in this Agreement or any separate
agreement or Tariff related to provisioning of 9111E911
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 CLEC, CLEC's End Use(s), suppliers, agents,
employees, or any other third parties. Liability of CenturyLink to
CLEC resulting from any and all causes arising out of services,
facilities, UNEs or any other items relating to this Agreement
shall be governed by the liability provisions contained in this
Agreement and no other liability whatsoever shall attach to
CenturyLink. CenturyLink shall not be liable for any loss, claims,
liability or damages asserted by CLEC, CLEC's End User(s),
suppliers, agents, employees, or any other third parties where
CLEC combines or commingles such components with those
components provided by CenturyLink to CLEC,
CLEC Tariffs or Contracts. CLEC 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 CLEC, CLEC's End User(s), suppliers, agents, employees, or
any other third parties of the possibility of such damages, and
CLEC shall indemnify, defend and hold harmless Centurylink
and CenturyLink's lndemnitee Group from any and all claims,
demands, causes of action and liabilities by or to, and based on
any reason whatsoever, CLEC, CLEC's End User(s), suppliers,
agents, employees, or any other third parties. Nothing in this
Agreement shall be deemed to create a third-party beneficiary
relationship between CenturyLink and any of CLEC's End Users,
suppliers, agents, employees, or any other third parties.
25.6.2
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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), 9111E911
databases, and OS/DA databases). CLEC 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
CLEC'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.
CenturyLink shall be liable for damage to or destruction of
CLEC's equipment and other premises only if such damage or
destruction is caused by CenturyLink's sole negligence or willful
misconduct.
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.
INSURANCE
27.1 During the term of this Agreement, CLEC shall carry, and shall cause any
subcontractors to catry, with financially reputable insurers which are licensed
to do business in alljurisdictions 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;
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;
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;
27.1.2
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27.
25.6.4
27.1.3
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27.1.4 Umbrella or excess liability in an amount not less than
$5,000,000 per occurrence and aggregate in excess of the
above-referenced Commercial General, Business Auto and
Employer's Liability, naming CenturyLink as additional insured;
and
"All Risk" property insurance on a full replacement cost basis
insuring CLEC's property situated on or within the Property,
naming CenturyLink as loss payee. CLEC may elect to insure
business interruption and contingent business interruption, as it
is agreed that CenturyLink has no liability for loss of profit or
revenues should an interruption of service occur.
Nothing contained in this Section shall limit CLEC's liability to CenturyLink to
the limits of insurance certified or carried.
All policies required of CLEC 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.
CLEC 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.
NON-EXCLUSIVE REMEDIES
28.1 Except as othenvise provided herein, all rights of termination, cancellation or
other remedies prescribed in this Agreement, or otherwise available, are
cumulative and are not intended to be exclusive of other remedies to which
the injured Party may be entitled to under this Agreement or at law or in
equity in case of any breach or threatened breach by the other Party of any
provision of this Agreement, and use of one or more remedies shall not bar
use of any other remedy for the purpose of enforcing the provisions of this
Agreement.
RESERVATION OF RIGHTS
29.1 Notwithstanding anything to the contrary in this Agreement, neither Party
waives, and each Party hereby expressly reserves, its rights: (a) to appeal or
othenvise seek the reversal of and changes in any arbitration decision
associated with this Agreement; (b) to seek changes in this Agreement
(including, but not limited to, changes in rates, charges and the services that
must be offered)through changes in Applicable Law; and, (c) to challenge the
lawfulness and propriety of, and to seek to change, any Applicable Law,
including, but not limited to any rule, regulation, order or decision of the
Commission, the FCC, or a court of applicable jurisdiction. Nothing in this
Agreement shall be deemed to limit or prejudice any position a Party has
taken or may take before the Commission, the FCC, any other state or
federal regulatory or legislative bodies, courts of applicable jurisdiction, or
industry fora. The provisions of this Section shall survive the expiration,
cancellation or termination of this Agreement.
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27.1.5
27.2
27.3
27.4
28.
29.
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NOT!CES
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.
GenturyLink at the address shown below:
Centurylink
Director Wholesale Contracts
930 1sth Street, 6th Floor
Denver, CO 80202
Email: [e-mail]
Phone: [phone]
With a copy to CenturyLink at the address shown below:
CenturyLink Law Department
Associate General Counsel, lnterconnection
1801 California Street, 9th Floor
Denver, CO 80202
Email: Leqal. I [e-mail]
Phone: [phone]
CLEG at the address shown below:
Douglas K. Denney
lntegra
18110 SE 34th St.
Building One, Suite 100
Vancouver, WA 98683
dkdenney@integ ratelecom. com
360-558-431 8
With a copy to CLEC at the address shown below:
lntegra Law and Policy
Associate General Counsel, lnterconnection
6160 Golden Hills Dr.
Golden Valley, MN 55416
kd [e-mail]
763-745-8463
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31.REFERENCES
31.1 All references to Articles, Sections, attachments, Tables and the like shall be
deemed to be references to Articles, Sections, attachments and Tables of this
Agreement unless the context shall othenvise require.
32.RELATIONSHIP OF THE PARTIES
32.1 The relationship of the Parties under this Agreement shall be that of
independent contractors and nothing herein shall be construed as creating
any other relationship between the Parties.
Nothing in this Agreement shall make either Party or a Party's employee an
employee of the other, create a partnership, joint venture, or other similar
relationship between the Parties, or grant to either Party a license, franchise,
distributorship or similar interest.
Except for provisions herein expressly authorizing a Party to act for another
Party, nothing in this Agreement shall constitute a Party as a legal
representative or Agent of the other Party, nor shall a Party have the right or
authority to assume, create or incur any liability or any obligation of any kind,
express or implied, against, in the name or on behalf of the other Party unless
otherwise expressly permitted by such other Party in writing, which
permission may be granted or withheld by the other Party in its sole
discretion.
Each Party shall have sole authority and responsibility to hire, fire,
compensate, supervise, and otherwise control its employees, Agents and
contractors. Each Party shall be solely responsible for payment of any Social
Security or other taxes that it is required by Applicable Law to pay in
conjunction with its employees, Agents and contractors, and for withholding
and remitting to the applicable taxing authorities any taxes that it is required
by Applicable Law to collect from its employees, including but not limited to
Social Security, unemployment, workers'compensation, disability insurance,
and federal and state withholding.
Except as provided by Section 26, the persons provided by each Party to
perform its obligations hereunder shall be solely that Party's employees and
shall be under the sole and exclusive direction and control of that Party.
They shall not be considered employees of the other Party for any purpose.
Except as othenvise expressly provided in this Agreement, no Party
undertakes to perform any obligation of the other Party, whether regulatory or
contractual, or to assume any responsibility for the management of the other
Party's business.
The relationship of the Parties under this Agreement is a non-exclusive
relationship.
Each Party shall indemnify the other for any loss, damage, liability, claim,
demand, or penalty that may be sustained by reason of its failure to comply
with this Section.
32.2
32.3
32.4
32.5
32.6
32.7
32.8
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.
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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.
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 feesiregulatory
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.
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35.2
35.3
35.4
35.5
TERRITORY
36.1
36.2
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36.
Notwithstanding anything to the contrary contained herein, CLEC is
responsible for furnishing tax exempt status information to CenturyLink at the
time of the execution of the Agreement. CLEC is also responsible for
furnishing any updates or changes in its tax exempt status to CenturyLink
during the Term of this Agreement. ln addition, CLEC is responsible for
submitting and/or filing tax exempt status information to the appropriate
regulatory, municipality, local governing, and/or legislative body. lt is
expressly understood and agreed that CLEC's representations to CenturyLink
concerning the status of CLEC's claimed tax exempt status, if any, and its
impact on this Section 35 are subject to the indemnification provisions of
Section 25, which, for purposes of this Section, serve to indemnify
CenturyLink.
Tax. A tax is defined as a charge which is statutorily imposed by the federal,
State or localjurisdiction and is either (a) imposed on the seller with the seller
having the right or responsibility to pass the charge(s) on to the purchaser
and the seller is responsible for remitting the charge(s) to the federal, State or
local jurisdiction or (b) imposed on the purchaser with the seller having an
obligation to collect the charge(s) from the purchaser and remit the charge(s)
to the federal, State or localjurisdiction.
Taxes shall include but not be limited to: federal excise tax, Stateilocal 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.
Fees/Regulatory Surcharges. A fee/regulatory surcharge is defined as a
charge imposed by a regulatory authority, other agency, or resulting from a
contractual obligation, in which the seller is responsible or required to collect
the fee/surcharge from the purchaser and the seller is responsible for
remitting the charge to the regulatory authority, other agency, or contractingparty. Fees/regulatory surcharges shall include but not be limited to E-
9111911, other N11, franchise fees, and Commission surcharges.
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.
Notwithstanding any other provision of this Agreement, CenturyLink may
terminate this Agreement as to a specific operating territory or portion thereof
pursuant to Section 7.7 of this Agreement.
THIRD.PARTY BENEFICIAR!ES37.
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37.1 Except as expressly set forth in this Agreement, this Agreement is for the sole
benefit of the Parties and their permitted assigns, and nothing herein shall
create or be construed to provide any person or entity not a party hereto
(including, but not limited to, customers or contractors of a Party) with any
rights (including, but not limited to, any third-party beneficiary rights)
remedies, claims or rights of action hereunder. Except as expressly set forth
in this Agreement, a Party shall have no liability under this Agreement to the
customers of the other Party or to any other third person.
USE OF SERVICE
38.1 Each Party shall make commercially reasonable efforts to ensure that its End
Users comply with the provisions of this Agreement (including, but not limited
to the provisions of applicable Tariffs) applicable to the use of services
purchased by it under this Agreement.
FEDERAL JURISDICTIONAL AREAS
39.1 To the extent that Centurylink has contracts with federal entities that limit or
prohibit the ability of CLEC to provide resale and/or UNEs, such contracts will
govern telecommunications services in areas or structures used for military
purposes (Federal Enclaves). Thus, Telecommunications Services to such
Federal Enclaves are not subject to the jurisdiction of the Commission, and
the Parties agree that Services provided within Federal Enclaves are not
within the scope of this Agreement.
WAIVER
40.1 Waiver by either Party of any default by the other Party shall not be deemed
a waiver of any other default. A failure or delay of either Party to enforce any
of the provisions of this Agreement, or any right or remedy available under
this Agreement or at law or in equity, or to require performance of any of the
provisions of this Agreement, or to exercise any option which is provided
under this Agreement, shall in no way be construed to be a waiver of such
provisions, rights, remedies or options, and the same shall continue in full
force and effect.
WITHDRAWAL OF SERVICES
41.1 Notwithstanding anything contained in this Agreement, except as othenrvise
required by Applicable Law, CenturyLink may terminate its offering and/or
provision of any particular service offering covered by this Agreement upon at
least thirty (30) Days prior written notice to CLEC.
TECHNOLOGY UPGRADES
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38.
39.
40.
41.
42.
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42.1 Notwithstanding any other provision of this Agreement, CenturyLink may
deploy, upgrade, migrate and maintain its network at its discretion. Nothing
in this Agreement shall limit CenturyLink's ability to modify its network
through the incorporation of new equipment or software or otherwise. CLEC
shall be solely responsible for the cost and activities associated with
accommodating such changes in its own network.
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ARTICLE III. 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.
IMPLEMENTATION PLAN
43.1
43.
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 othenvise specified or incorporated by reference herein, the
Parties agree to work cooperatively to identify those processes, guidelines,
specifications, standards and additional terms and conditions necessary to
support and satisfy the standards set forth in this Agreement and implement
each Party's obligations hereunder.
Dispute Resolution. lf the Parties are unable to agree upon any of the
matters to be included in the lmplementation Plan, then either Party may
invoke the procedures set forth in Sectionl6.
43.2
4.SECURITY DEPOSIT
44.1
44.2
44.3
44.4
44.5
CenturyLink reserves the right to secure the account at any time with a
suitable security deposit in the form and amounts set forth herein. lf payment
of the security deposit is not made within thirty (30) Days of the request,
CenturyLink may stop processing orders for service and Carrier will be
considered in material breach of the Agreement.
Security deposits shall take the form of cash or cash equivalent, an
irrevocable letter of credit or other form of security acceptable to CenturyLink.
lf a security deposit is required on a new account, CLEC will remit such
security deposit prior to inauguration of service. lf a security deposit is
requested or increased for an existing account, payment of the security
deposit will be made prior to acceptance by CenturyLink of additional orders
for service.
Security deposits shall be in an amount equal to two (2) months' estimated
billings as calculated by CenturyLink, or twice the most recent month's
invoices from CenturyLink for existing accounts. All security deposits will be
subject to a minimum deposit level of $10,000.
The fact that a security deposit has been made in no way relieves CLEC from
complying with CenturyLink's regulations as to advance payments and the
prompt payment of bills on presentation, nor is it a waiver or modification of
the regular practices of CenturyLink for the discontinuance of service for
non-payment of any sums due CenturyLink.
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44.6
44.7
44.8
44.9
44.10
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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' estimated billings, or (ii) when gross monthly billing has increased
beyond the level initially used to determine the security deposit.
Any security deposit shall be held by CenturyLink as a guarantee of payment
of any charges for services billed to CLEC pursuant to this Agreement or in
connection with any other services provided to CLEC by CenturyLink.
CenturyLink may exercise its right to credit any cash deposit to CLEC's
account, or to demand payment from the issuing bank or bonding company of
any irrevocable bank letter of credit, upon the occurrence of any one of the
following events:
44.7.1 when CLEC's undisputed balances due to CenturyLink are more
than thirty (30) Days past due; and/or
44.7.2 when CLEC files for protection under the bankruptcy laws;
andior
44.7.3 when an involuntary petition in bankruptcy is filed against CLEC
and is not dismissed within sixty (60) Days; and/or
44.7.4 when this Agreement expires or terminates; and/or
44.7.5 any letter of credit issued hereunder or any bank issuing a letter
of credit hereunder (each, a "Letter of Credit Bank) fails to meet
the terms, conditions, and requirements set forth below in this
Section; and/or
44.7.6 CLEC fails to provide CenturyLink with a replacement letter of
credit on the terms set forth herein at least ten (10) Business
Days prior to the expiration of any letter of credit issued to
CenturyLink hereunder.
lf any security deposit held by CenturyLink is applied as a credit toward
payment of CLEC's balances due to CenturyLink, then CenturyLink may
require CLEC to provide a new deposit. lf payment of the new deposit is not
made within thirty (30) Days of the request, CenturyLink may stop processing
orders for service and CLEC will be considered in breach of the Agreement.
Any security deposit may be held during the continuance of the service as
security for the payment of any and all amounts accruing for the service. No
interest will accrue or be paid on deposits.
Any letter of credit issued to CenturyLink hereunder must meet the following
requirements:
44.10.1 The bank issuing any letter of credit hereunder (the "Letter of
Credit Bank) must maintain a minimum credit rating of A (by
Standard & Poor's) or A2 (by Moody's). lf CLEC proposes that
the letter of credit be issued by a bank that is not so rated by
Standard & Poor's or Moody's, then CLEC must obtain the prior
written approval by CenturyLink to use such bank as the Letter
of Credit Bank.
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44.10.2
44.10.3
44.10.4
45.2
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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.
lf CLEC receives notice from the Letter of Credit Bank of any
non-renewal of a letter of credit issued hereunder, then CLEC
shall promptly give written notice to Centurylink of such notice
of non-renewal. Not later than ten (10) Business Days prior to
the expiration of the letter of credit, CLEC shall provide
CenturyLink a replacement letter of credit on substantially
identical terms to the existing letter of credit (or such other terms
as are acceptable to CenturyLink). lf CLEC provides a
replacement letter of credit not later than ten (10) Business Days
prior to the expiration of the expiring letter of credit, then
CenturyLink shall not make a drawing under the expiring letter of
credit. Upon receipt of a replacement letter of credit meeting the
requirements set forth in this Agreement, CenturyLink will
provide the original, expiring letter of credit to CLEC.
lf CLEC desires to replace any letter of credit issued to
CenturyLink hereunder, whether due to non-renewal or
otherwise, each such replacement letter of credit and the Letter
of Credit Bank issuing such replacement letter of credit must
meet the terms, conditions and requirements set forth in this
Section.
45.START.UP DOCUMENTATION
45.',|CLEC is required to submit to CenturyLink the "CLEC Profile," and other
required documentation, as described in the process on the Centurylink
Wholesale Website.
CLEC must represent and warrant to CenturyLink that it is a certified local
provider of Telephone Exchange Service in the State prior to submitting
orders or exchanging any traffic under this Agreement.
LETTER OF AUTHORTZATTON (LOA)
46.1 To the extent CLEC has not previously done so, CLEC shall execute a
blanket letter of authorization (LOA) with respect to customer requests to
change service providers or to permit the Party to view CPNI, such as
pursuant to the submission of a Customer Service Record (CSR) Search
order, prior to a request to change service providers.
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.
The requesting Party is solely responsible for determining whether proper
authorization has been obtained and holds the other Party harmless from any
loss or liability on account of the requesting Party's failure to obtain proper
CPNI authorization from a customer.
46.3
46.
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46.4
46.5
46.6
46.7
46.8
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The requesting Party must maintain records of all customer authorizations to
change service providers or release of CPNI in compliance with State and
federal law. Such documentation shall be kept in all cases, irrespective of
whether or not the prospective subscriber ultimately changes local service
providers. Such documentation shall be kept for the minimum period
specified in 47 CFR $64.1120(a)(1Xii).
For any prospective CLEC End User, CenturyLink shall provide CLEC with
access to that subscriber's CPNI and Customer Service Records (CSRs)
without requiring CLEC to produce an individually signed LOA prior to
changing service providers or releasing CPNI, providing Customer Service
Records (CSRs), or processing orders, subject to applicable rules, orders,
and decisions, and based on CLEC's blanket representation under the LOA
that it has obtained authorization from each such prospective End User to
obtain such CPNI, CSRs or submit such orders.
The provisioning of CPNI from CenturyLink to CLEC shall be accomplished
through the preordering Electronic lnterface.
ln the event a subscriber complains or other reasonable grounds exist, a
Party may request verification of subscriber authorizations. Documentation
that a Party is required to maintain under 47 CFR 564.1120 shall be made
available to the other Party within thirty (30) days of a written request for such
documents. Failure to produce proper documentation within thirty (30) Days
of such request shall be considered a material breach of this Agreement. lf a
Party fails to provide proper documentation of permission obtained from
prospective subscribers for at least ninety five percent (95%) of subscribers
whose CPNI has been obtained from the other Party, and if such failure
continues for over sixty (60) Days after written notice of the breach, then as
an alternative to terminating this Agreement pursuant to Section 7.6 for an
uncured default, the other Party may discontinue processing new Service
Orders and/or disconnect any electronic preordering interface until such
failures have been substantially rectified and the defaulting Party has
provided adequate assurances to the other Pafi that adequate steps have
been implemented to prevent ongoing problems with such records
compliance. The exercise of this alternative remedy shall not act as a waiver
of the right to terminate this Agreement under Section 7.6 if an ongoing
default is not substantially rectified within sixty (60) Days written notice.
Any dispute between the Parties with respect to their rights and obligations
under this Section shall be subject to the Dispute Resolution provisions of this
Agreement, and the Parties must attempt to resolve any dispute concerning
the validity of subscriber authorizations prior to filing a formal complaint with
the Commission provided however, that the sixty (60) Day waiting period for
filing a Complaint under Section 16.2.4 shall not apply to such disputes. lf a
Party files a Complaint with the Commission to resolve any such dispute,
then while such proceeding is pending the other Party shall not be entitled to
exercise alternative remedy under Section 46.6 unless the Commission
determines otherwise.
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46.9
46.10
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The cure period in Section 7.7 tor material defaults shall not affect either
Party's obligation to comply with the requirements of 47 C.F.R. $64.1150 to
give timely notice to the Commission and other carriers of any unauthorized
carrier change, to remove any unpaid charges, and to submit proper
documentation to the relevant governmental agency within thirty (30) Days.
CenturyLink will bill CLEC fifty dollars ($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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47.
ARTICLE IV. OPERATIONAL TERMS
STANDARD PRACTICES
47.1
47.2
50.1
50.2
50.3
50.4
50.5
50.6
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Standard Practices may incorporate by reference various industry, OBF, and
other standards referred to throughout this Agreement, which may be
implemented to satisfy any CenturyLink obligations under this Agreement.
lf CLEC desires notice of changes made to CenturyLink's Standard Practices,
CLEC may make such a request during the Agreement implementation
process or at any subsequent time during the term of this Agreement.
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.
!NTENTIONALLY LEFT BLANK
CONTACT WITH END USERS
49.
50.
Each Party at all times shall be the primary contact and account controlfor all
interactions with its End Users, unless othenryise agreed to by the Parties.
End Users include active subscribers as well as those for whom Service
Order installations are pending.
Centurylink shall have no obligation, to accept a communication from a
CLEC End User, including, but not limited to, a CLEC End User request for
repair or maintenance of a Centurylink service provided to CLEC.
Each Party shall update its own contact information and escalation list and
shall provide such information to the other Party for purposes of inquiries
regarding the implementation of this Agreement. Each Party shall accept all
inquiries from the other Party and provide a timely response. CenturyLink will
provide and maintain its contact and escalation list on its Centurylink
Website.
The Parties will ensure that all representatives who receive inquiries
regarding the other Party's services shall provide appropriate referrals to
potential customers who inquire about the other Party's services or products.
The Parties shall not in any way disparage or discriminate against the other
Party or that other Party's products and services, and shall not solicit each
others' customers during such inquiries, provided however, a Party can
answer unsolicited customer questions about products and services of that
Party.
The Parties will not use a request for End User information, order submission,
or any other aspect of its processes or services to aid its retail marketing or
sales efforts.
CenturyLink will provide training, on a non-discriminatory basis, for all
CenturyLink employees who may communicate, either by telephone or face-
to-face, with CLEC End Users. Such training shall include compliance with
the branding requirements of this Agreement including without limitation
provisions of forms, and unbranded "Not at Home' notices.
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50.7 CenturyLink will recognize CLEC as the Subscriber of Record for all Network
Elements or services for resale ordered by CLEC and will send all notices,
invoices, and information which pertain to such ordered services directly to
CLEC. CLEC will provide CenturyLink with addresses to which CenturyLink
willsend allsuch notices, invoices, and information.
CAPACITY PLANNING AND FORECASTS
51.1 Forecast Req u irements for I nterconnection
51.1.1 Within thirty (30) Days from the Effective Date of this
Agreement, or as soon after the Effective Date as practicable,
the Parties agree to meet and develop joint planning and
forecasting responsibilities which are applicable to
lnterconnection services. CenturyLink may delay processing
CLEC Service Orders should CLEC not perform obligations as
specified in this Section.
CLEC shall provide forecasts for traffic utilization over trunk
groups. Orders for trunks that exceed forecasted quantities for
forecasted locations will be accommodated as facilities and/or
equipment are available. CenturyLink shall make all reasonable
efforts and cooperate in good faith to develop alternative
solutions to accommodate orders when facilities are not
available. Company forecast information must be provided by
CLEC to CenturyLink twice a year. The initial trunk forecast
meeting should take place soon after the first implementation
meeting. A forecast should be provided at or prior to the first
implementation meeting.
Facilities will be planned for in accordance with the trunk
forecasts exchanged between the Parties as described in this
Section.
51.1.2
51.2 Format and Content
51.
51 .1 .3
51.2.1
51.2.2
51.2.3
51.2.4
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Unless othenvise specified by CenturyLink, the forecasting
forms located on the CenturyLink Wholesale Website will be
used by CLEC for the requirements of this Section.
The joint planning process/negotiations should be completed
within two (2) months of the initiation of such discussion.
Description of major network projects that affect the other Party
will be provided in the semi-annual forecasts. Major network
projects include but are not limited to trunking or network
rearrangements, shifts in anticipated traffic patterns, or other
activities by CLEC that are reflected by a significant increase or
decrease in trunking demand for the following forecasting
period.
Parties shall meet to review and reconcile the forecasts if
forecasts vary sig nificantly.
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51.2.5
51.3 Responsibility of Parties
51.3.1
51.3.2
51.3.3
51.3.4
5'1.3.5
52.BONA FIDE REQUEST (BFR)
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CLEC shall provide an updated trunk forecast when ordering or
requesting additional trunks from CenturyLink anytime after the
initial trunk implementation.
The parties agree to abide by the following if a forecast cannot
be agreed to: Local lnterconnection Trunk Groups will be
provisioned to the higher forecast. A blocking standard of one
percent (1%) during the average busy hour shall be maintained.
Should the Parties not agree upon the forecast, and the Parties
engineer facilities at the higher forecast, the Parties agree to
abide by the following:
a. ln the event that CLEC over-forecasts its trunking
requirements by twenty percent (20Yo) 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.
ln addition to the joint trunk group forecasting established in
Section 5'1.1, discussions to provide relief to existing facilities
can be initiated by either party. Actual system augmentations will
be initiated upon mutual agreement.
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.
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.
Both Parties will negotiate a project service date and
corresponding work schedule to construct relief facilities prior to
facilities exhaust.
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52.1
52.2
52.3
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Through the Bona Fide Request (BFR) process, CLEC 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.
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 othenvise obligated to provide
under Applicable Law pursuant to the provisions of this Agreement, including
the BFR process, if needed. While CenturyLink may permit CLEC to submit
BFR requests for Network Elements, 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.
Process
52.3.1 CLEC shall submit to CenturyLink a written BFR application
(Request), in a form to be provided by CenturyLink and as
published on CenturyLink's Website. The Request shall
specifically identify relevant technical requirements and
descriptions, drawings, locations and/or any other such
specifications that are reasonably necessary to clearly define the
Request such that CenturyLink has sufficient information to
analyze and prepare a response.
52.3.2 lf fulfilling the request involves construction or engineering
analysis, CenturyLink will notify CLEC of such and CLEC will
make the non-refundable NRC payment set forth in Table 'l 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 CLEC may cancel a Request in writing at any time prior to
agreeing on price and availability in the final quote. CenturyLink
will then cease analysis and/or development of the Request.
However, CLEC will pay CenturyLink its reasonable and
demonstrable costs of processing and/or implementing the BFR
up to and including the date on which CenturyLink receives
CLEC's notice of cancellation if such costs are not already
covered in full by a previously submitted non-refundable NRC
payment.
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52.3.4
52.3.5
52.3.6
52.3.7
52.3.8
52.3.9
53.ORDERING AND PROVISIONING
53.1 National Exchange Access Center (NEAC)
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CenturyLink shall acknowledge in writing the receipt of a
Request and shall identify a single point of contact to process
the Request within ten (10) Business Days of CenturyLink's
receipt of a Request. CenturyLink will advise CLEC of any
additional information needed for a complete and accurate
Request.
Except under extraordinary circumstances, within thirty (30)
Days of its receipt of a complete and accurate Request,
CenturyLink will approve or deny the Request (Preliminary
Analysis). lf CenturyLink denies CLEC's Request, the
Preliminary Analysis will provide the reason(s) for such denial.
CLEC may accept or reject CenturyLink's Preliminary Analysis,
at its discretion. CLEC will provide written acceptance of the
Preliminary Analysis to Centurylink within thirty (30) Days of its
receipt of the Preliminary Analysis or CLEC's Request will be
deemed to be cancelled.
Upon receiving CLEC's written acceptance and authorization of
the Preliminary Analysis, CenturyLink will proceed to develop a
Final Quote. The Final Quote 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
CLEC's written acceptance and authorization to the Preliminary
Analysis.
The tentative availability date is dependent on when CLEC
accepts the Final Quote. CenturyLink shall make reasonable
efforts to provide an availability date that is within ninety (90)
Days from the date it receives CLEC's written Final Acceptance
as described below in Section 52.3.9. lf CenturyLink cannot
complete the BFR within ninety (90) Days of receiving CLEC's
Final Acceptance, CenturyLink and CLEC will then determine a
mutually agreeable availability date.
Within thirty (30) Days of receipt of the Final Quote, CLEC must
either (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. CLEC's
written acceptance must include payment of one hundred
percent (100%) of the quoted costs.
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53.1.1
53.1.2
53.1.3
53.3.3
53.3.4
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CenturyLink shall provide a NEAC or equivalent which shall
serve as CLEC's point of contact for all activities involved in the
ordering and provisioning of CenturyLink's Unbundled Network
Elements, features, functions, and resale services.
The NEAC shall provide to CLEC a nationwide telephone
number answered during its normal office hours by competent,
knowledgeable personnel trained to answer questions and
resolve problems in connection with the ordering and
provisioning of Unbundled Network Elements (except those
associated with local trunking lnterconnection), features,
functions, capabilities, and resale services.
CenturyLink shall provide, as requested by CLEC, through the
NEAC, provisioning and premises visit installation support in the
form of coordinated scheduling, status, and dispatch capabilities
during CenturyLink's standard business hours, unless the
Parties agree othenrvise.
53.2 NationalAccess Service Center (NASC)
53.2.1 CenturyLink shall provide a NASC or equivalent which shall
serve as CLEC's point of contact for all activities involved in the
ordering and provisioning of CenturyLink's lnterconnection
services.
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 CLEC to
provide resale services, including the functions, features, and
capabilities of such services, and Unbundled Network Elements.lf CenturyLink deploys any enhanced electronic capability
CenturyLink will notify CLEC of availability and CLEC shall use
the processes for performing transaction(s) to the extent
practicable and the use of any other interface or process will be
discontinued.
The Parties agree that orders for services under this Agreement
will not be submitted or accepted until thirty (30) Days after the
completion of all account establishment activities, including but
not limited to, the documents and information subscribed in
Section 45.1, unless the Parties mutually agree upon a different
date based on the specific circumstances of the Parties'
relationship.
Except as specifically provided otherwise in this Agreement, pre-
ordering, ordering and provisioning of resold services shall be
governed in accordance with CenturyLink's Standard Practices.
CenturyLink will provide provisioning intervals and procedures
for design and complex services on a nondiscriminatory basis.
Complex Service Order charges pursuant to Tariff terms may
apply.
53.3.2
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53.3.5
53.3.6
53.3.7
53.3.8
53.4 Pre-qualification of Lines
53.4.1
53.4.2
53.4.3
53.4.4
53.4.5
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Where technically feasible, the NEAC will coordinate support for
all designed and/or complex services provided to CLEC.
To the extent required by Applicable Law, and upon request
from CLEC, employing CenturyLink's LSR, CenturyLink will
provide blocking of 700, 900, and 976 services, or other services
of similar type as may now exist or be developed in the future,
and shall provide Billed Number Screening (BNS), including
required LIDB updates, or equivalent service for blocking
completion of bill-tothird party and collect calls, on a line, PBX,
or individual service basis. Blocking shall be provided to the
extent (a) it is an available option for the Telecommunications
Service resold by CLEC, or (b) it is technically feasible when
requested by CLEC as a function of Unbundled Network
Elements.
When ordering a resale service via an LSR Service Order,
CLEC may order separate interLATA and intraLATA service
providers (i.e., two PlCs) on a line or trunk basis, and CLEC
agrees to pay the applicable Service Order and PIC charges
associated with such order. CenturyLink will accept PIC change
orders for intraLATA toll and long distance services through the
service provisioning process.
The standard Service Order charges as listed in the Table 1 of
this agreement shall apply to all orders.
CenturyLink will accept line pre-qualification requests as follows:
CLEC will submit a Line Pre-Qualification Request using the
CenturyLink order submission process. Each order is limited to
a maximum of seven (7) lines. Each line must be identified by
the following:
a. Customer Telephone Number
b. Customer Address
c. Customer Name
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.
CLEC shall pay the pre-qualification order price set forth in
Table '1 for each submitted order.
Pre-qualification requests are submitted at CLEC's sole
discretion. CenturyLink bears no liability for line quality or the
ability of a line to meet CLEC's needs where CLEC has
submitted an order without having the line pre-qualified.
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53.5 Service Order Process Requirements
53.5.3
CenturyLink will accept orders for As-ls Transfer of services
from CenturyLink to CLEC where CenturyLink is the End User's
current local exchange carrier.
For resale of CenturyLink services CenturyLink shall not
disconnect any subscriber service or existing features at any
time during the migration of that subscriber to CLEC service
without prior CLEC agreement.
When CLEC has obtained an End User from another reseller of
CenturyLink services, CLEC will inform CenturyLink of the
transfer by submitting standard LSR forms to GenturyLink 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 CLEC has the use of the facilities (i.e., Local
Loop) to a specific customer premises, either through resale of
local service or the lease of the Local Loop as an Unbundled
Network Element, and CenturyLink receives a good faith request
for service from a customer at the same premises or from
another carrier with the appropriate customer authorization, the
procedures below will apply.
CenturyLink will follow methods prescribed by the FCC and any
applicable State regulation for carrier change verification.
Where CLEC is using a single facility to provide service to
multiple End Users, CenturyLink will not disconnect that facility
as a result of the following procedures.
When CLEC submits an order for an End User that is changing
local service providers for existing service, and is not adding
service (i.e., an additional line), CenturyLink will process the
service request without delay, and provide the losing competitive
LEC a customer loss notification consistent with industry
standards.
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 CLEC and when technically
capable, when CLEC orders resale Telecommunications
Services all trunk or telephone numbers currently associated
with existing services shall be retained without loss of feature
capability and without loss of associated ancillary services
including, but not limited to, Directory Assistance and 9111E911
capability.
s3.5.4
53.5.5
53.5.6
53.5.7
53.5.8
53.5.9
53.5.10
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53.5.1
53.5.2
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53.5.11 CenturyLink shall provide unbranded intercept treatment and
transfer of service announcements to CLEC's End Users.
CenturyLink shall provide such treatment and transfer of service
announcement in accordance with local Tariffs and as provided
to similarly situated CenturyLink End Users for all service
disconnects, suspensions, or transfers.
53.5.12 For services provided through UNEs, CenturyLink shall
recognize CLEC as an agent, in accordance with OBF
developed processes, for the End User in coordinating the
disconnection of services provided by another CLEC or
CenturyLink. ln addition, CenturyLink and CLEC will work
cooperatively to minimize service interruptions during the
conversion.
53.6 Abandoned Service
53.6.1
53.6.2
53.6.3
53.6.4
53.7 Due Date
53.7.1
53.7.2
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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.
When a carrier requests service at a location and marks the
order as abandoned and CLEC is the previous local service
provider, CenturyLink shall notify local service provider that it
has had a request for service at the premises that is currently
being served by CLEC.
lf available to CenturyLink, CenturyLink shall include the name
and address of the party receiving service at such premises, but
at a minimum shall provide local service address information.
lf the local service provider does not respond within twenty-four
(24) hours (excluding weekends and holidays) after receiving
CenturyLink's notification or if local service provider responds
relinquishing the facilities, Centurylink shall be free to use the
facilities in question and CenturyLink shall issue a disconnect
order with respect to the service at that location. lf local service
provider responds stating that the service is working and should
not be disconnected, Centurylink will notify the carrier ordering
service and request verification of the premises or the
submission of an order for an additional line.
CenturyLink shall supply CLEC with due date intervals to be
used by CLEC personnelto determine service installation dates.
The ordering process and standard provisioning intervals
applicable to resale services and unbundled Network Elements
are set forth on the Centurylink Website, and such process and
intervals shall apply.
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53.7.3
53.8 Coordination Requests
53.8.1
53.8.2
53.8.3
53.8.4
53.8.5
53.8.6
53.10.1
53.10.2
53.10.3
53.11 Order Rejections
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CenturyLink shall use reasonable efforts to complete orders by
CLEC requested due date within agreed upon intervals.
CenturyLink will provide ordering and provisioning coordination
services during the business hours specified on its Website,
through the NEAC, at the charges specified in Tablel.
For subscriber conversions requiring coordinated cut-over
activities, on a per order basis, CenturyLink and CLEC will agree
on a scheduled conversion time, which will be a designated time
period within a designated date, and will be dependent upon the
availability of CenturyLink resources.
Any request made by CLEC to coordinate conversions after
normal working hours, or on Saturdays or Sundays or
CenturyLink holidays shall be performed at CLEC's request and
expense. Coordination requests outside of normal business
hours/weekends will incur additional charges.
CenturyLink will perform all of its standard pre-service testing
prior to the completion of the Service Order. Subject to the terms
of this Agreement, CenturyLink is responsible only for the
installation, operation and maintenance of the UNEs it provides.
CenturyLink is not otherwise responsible for the
Telecommunications Services provided by CLEC through the
use of those Network Elements.
Upon CLEC's request, CenturyLink shall suspend or restore the
functionality of any Network Element, feature, function, or resale
service to which suspend/restore is applicable.
Upon completion of the requests submitted by CLEC,
Centurylink shall provide to CLEC a completion notification.
53.9 Subscriber Premises lnspections and lnstallations
53.9.1 CLEC shall perform or contract for all CLEC's needs
assessments, including equipment and installation requirements
required beyond the Demarcation PoinUNlD, located at the
subscriber premises.
53.10 Firm Order Confirmation (FOC)
CenturyLink shall provide to CLEC, a Firm Order Confirmation
(FOC) for each CLEC order. The FOC shall contain the
appropriate data elements as defined by the OBF standards.
For a revised FOC, CenturyLink shall provide standard detail as
defined by the OBF standards.
CenturyLink shall provide to CLEC the date that service is
scheduled to be installed.
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53.11.1
53j1.2
53.12 Service Order Charges
53.12.1
53.12.2
53.12.3
53.13 Expedites
53.13.1
53.13.2
53.14.2
53.14.3
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CenturyLink shall reject and return to CLEC any order that
CenturyLink cannot provision, due to technical reasons, missing
information, or jeopardy conditions resulting from CLEC ordering
service at less than the standard order interval.
When an order is rejected, CenturyLink will, in its reject
notification, describe the existing reasons for which the order
was rejected.
lf an installation or other CLEC ordered work requires a change
from the original CLEC Service Order in any manner, CLEC
shall initiate a revised Service Order. lf requested by CLEC,
CenturyLink will provide CLEC an estimate of additional labor
hours and/or materials.
lf a CLEC End User requests a change, CenturyLink, will, at that
time, direct the CLEC subscriber to contact CLEC, and CLEC
should initiate a new Service Order to have additional work
performed.
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, CLEC will populate the
"Expedite" and "Expedite Reason" fields on the LSR.
CenturyLink reserves the right to refuse an expedite request if
resources are not available. lf an expedite request is granted,
applicable expedite Service Order charges, as set forth on
Table 1, will apply.
Centurylink will not accept expedite requests for LNP orders.
53.14 Number Administration/Number Reservation
53.14.1 CenturyLink shall provide CLEC with the ability to obtain
telephone numbers while a subscriber is on the phone with
CLEC. When CLEC uses numbers from a CenturyLink NXX,
CenturyLink shall provide the same range of number choices to
CLEC, including choice of exchange number, as CenturyLink
provides its own subscribers. Reservation and aging of
CenturyLink NXXs shall remain CenturyLink's responsibility.
ln conjunction with an order for service, CenturyLink shall accept
CLEC orders for blocks of numbers for use with complex
services including, but not limited to, DlD, CENTREX, and
Hunting arrangements, as requested by CLEC.
Consistent with the manner in which CenturyLink provides
numbers to its own subscribers, no telephone number
assignment is guaranteed until service has been installed.
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53.16.3
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53.14.4 CenturyLink shall provide testing and loading of CLEC's NXX on
the same basis as CenturyLink provides itself or its Affiliates.
53.15 Cancellations
53.15.1 CenturyLink may cancel orders for service that have had no
activity within thirty-one (31) consecutive Days after the original
service request date. Certain complex UNEs and UNEs
requiring facility build-outs that may take longer than thirty-one
(31) Days to provision will be excluded from this provision.
53.16 Discontinuance of Service (Snap-back Provision)
53.16.1 lf CLEC proposes to discontinue, or actually discontinues, its
provision of service to all or substantially all of its customers,
whether voluntarily, as a result of bankruptcy, or for any other
reason, CLEC shall send written notice of such discontinuation
to CenturyLink, the Commission, and each of CLEC's End
Users. CLEC shall provide notice in advance of discontinuation
of its service as required by Applicable Law. Unless the period
for advance notice of discontinuation of service required by
Applicable Law is more than thirty (30) calendar days, to the
extent commercially feasible, CLEC shall send such notice at
least thirty (30) Days prior to its discontinuation of service.
Such notice must advise each CLEC End User that, unless
action is taken by the End User to switch to a different carrier
prior to CLEC's proposed discontinuation of service, the End
User will be without the service.
Should a CLEC End User subsequently become a CenturyLink
customer, CLEC shall provide CenturyLink with all information
necessary for CenturyLink to establish service for the CLEC End
User, including, but not limited to, CLEC End User's billed name,
listed name, service address, and billing address, and the
services being provided to CLEC End Users.
53.17 Nothing in this Section shall limit CenturyLink's right to cancel or terminate
this Agreement under Section 7 and Section 53.15 or to suspend provision of
services under Section 9 of this Agreement.
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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 CLECs who themselves contribute to the FUSF, or who otherwise
qualify for an exemption under the FCC's universal service rules. ln order to
obtain an exemption from paying the FUSC to CenturyLink, CLEC must
provide CenturyLink a signed statement certifying that it is reselling the
services provided by CenturyLink in the form of telecommunications, and will,
in fact, contribute directly to the FUSF. lf CLEC does not provide this
statement, or othenvise certify that it is exempt from remitting the FUSC,
CenturyLink must report the revenues obtained from the provision of service
to CLEC as End User revenues for purposes of calculating and reporting
FUSC contributions, and CenturyLink shall be entitled to recover from CLEC
the resulting FUSF contributions attributable to such revenues, in accordance
with Applicable Law.
To comply with FCC rules regarding the funding of Universal Service, CLEC
is required to complete the form entitled "CERTIFICATION OF FEDERAL
UNIVERSAL SERVICE FUND CONTRIBUTION STATUS" provided by
CenturyLink in order to obtain an exemption from paying the FUSC to
CenturyLink. ln addition, CLEC agrees to provide CenturyLink with an
updated annual certification, no later than February 1 of each calendar year,
so that CenturyLink may ensure that it continues to accurately report its
revenues for FUSF contribution purposes.
54.2.1 lt is expressly understood and agreed by the Parties that
CLEC's provision to CenturyLink of evidence concerning its
making adequate payments into the FUSF, and CLEC's
representations to CenturyLink in connection therewith, are
subject to the indemnification provisions of Section 25, which, for
purposes of this Section, serve to indemnify CenturyLink.
BILLING AND PAYMENTS/DISPUTED AMOUNTS
55.1 ln consideration of the services provided by CenturyLink under this
Agreement, CLEC shall pay the charges set forth in this Agreement, subject
to change in law and to the dispute provisions provided herein. CenturyLink
may limit or modify the form(s) of payment that will be accepted from time to
time. CenturyLink will not accept card payments (e.9., crediUdebit/ATM cards)
or any form of payment that reduces the net amount received by CenturyLink.
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54.2
55.
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55.2
55.3
55.4
55.5
55.6
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CLEC must choose a primary media option for invoices. lf no bill media
option is selected, the primary will default to paper. The primary media option
is provided at no charge. lf a second media option is chosen, then an
applicable charge will be assessed at the rate reflected in CenturyLink's
appropriate FCC Tariff. lf CLEC requests additional copies of the monthly
invoice, CenturyLink may also bill CLEC for the additional copies. The
procedures and limitations governing bill media, including the availability of
secondary media and Bill Media Request Forms, are set forth in
CenturyLink's Bill Media Guide.
Recurring Charges, other than Usage Charges, for Telecommunications
Services provided hereunder are applied on a monthly basis. For billing and
crediting purposes, a month is presumed to have thirty (30) days, regardless
of the actual Days in a given month.
Charges for physicalfacilities 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.
To the extent that CLEC orders blocking, CLEC is responsible for blocking
charges. lf blocking services are not ordered, CLEC will be responsible for all
charges for 700, 900, and 976 services, or other services of similar type
made by CLECs End Users.
Billing Specifications
55.6.1 The Parties agree that billing requirements and outputs will be
consistent with the Ordering & Billing Form (OBF) and also with
Telcordia Technologies Billing Output Specifications (BOS).
55.6.2 Usage Measurement: Usage measurement for calls shall begin
when answer supervision or equivalent Signaling System 7
(SS7) message is received from the terminating office and shall
end at the time of call disconnect by the calling or called
subscriber, whichever occurs 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 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.
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55.7
55.8
55.9
55.10
55.11
55.12
55.1 3
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Billing for Access Services will be in conformance with Multiple Exchange
Carrier Access Billing (MECAB) guidelines and Multiple Exchange Carriers
Ordering and Design Guidelines for Access Services-lndustry Support
lnterface (MECOD). The Parties will exchange Billing Account Reference and
Bill Account Cross Reference information and will coordinate initial and
subsequent billing cycles. CenturyLink will provide CLEC the appropriate
records to bill Exchange Access charges to the lXC. CenturyLink will capture
records for inward terminating calls and send them to CLEC, as appropriate,
via CenturyLink's standard processes. Upon CenturyLink's request, CLEC
will provide CenturyLink the appropriate records to bill Switched Access
Service charges to lXCs. CLEC will capture records for inward terminating
calls and send them to CenturyLink, as appropriate, in an agreed upon
process.
Upon request by CLEC and to the extent CenturyLink is providing call records
for Transit Traffic to other terminating providers served by the same Tandem,
CenturyLink will also provide such records to CLEC.
CenturyLink will bill CLEC for message provisioning and, if applicable, data
tape charges related to Exchange Access traffic and Transit Traffic records.
CenturyLink will bill CLEC for the records at the rates on Table 1. lf CLEC
requests additional copies of the monthly invoice, Centurylink may also bill
CLEC for the additional copies.
The Parties will bill each other in a timely manner. Except for billing pursuant
to a Section 16 Dispute Resolution process determination, neither Party will
initiate credit claims or bill the other Party for previously unbilled, under-billed
or over-billed charges for services under this Agreement that were provided
more than twenty-four (24) months prior to the applicable most recent bill
date, unless a longer period is warranted as a result of fraud, concealment or
other similar circumstances.
Except as othenvise provided in this Agreement, payment of amounts billed
for services provided under this Agreement shall be in immediately available
U.S. funds, and shall be due by the Bill Due Date.
lf the Bill Due Date is a Saturday, Sunday, or has been designated a bank
holiday, payment is due by the next Business Day. Payments may be
transmitted by electronic funds transfer.
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 equal to one and one-half percent (1.5%) 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.
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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 CLEC and CenturyLink
agree to expedite the investigation of any Disputed Amounts, promptly
provide all documentation regarding the amount disputed that is reasonably
requested by the other Party, and work in good faith in an effort to resolve
and settle the dispute through informal means prior to escalating the billing
dispute pursuant to Section 16.2.3.
55.14.1
55.14.2
55.14.3
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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.
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
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.
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55.14.7
55.14.8
55.15
55.16
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55.14.4 lf the Parties cannot resolve the dispute within ninety (90) Days
of the written notice of dispute, either Party may give written
notice to the other Party exercising the right to escalate the
dispute pursuant to 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 55.14.4 and 55.'14.5, 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 CLEC. lf the billed
Party fails to give written notice exercising the right to escalate
the dispute within the thirty (30) Days of the notice date of the
written denial of a dispute, the billed Party waives its alleged
entitlement to and/or right to withhold such disputed amounts
and all withheld amounts, including 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 55.14,6 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 55.14.6 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
termination of service for non-payment of billed amount in
accordance with this Section 55.
55.14.5
55.14.6
A billing dispute which has been resolved by a written settlement agreement
between the Parties may not be resubmitted under the dispute resolution
process.
Effect of Non-Payment
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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 7.6 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.
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55.16.2
55.16.3
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Notwithstanding Section 55.16.1 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 55.16.1 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. 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 55.16.1 and 55.16.2 above, if the
billing Party is forced to undertake collection efforts for
undisputed, defaulted or post-termination amounts outstanding
or for disputed amounts that have been resolved in the billing
Party's favor, the billed Party is liable for reimbursement to the
billing Party for any and all costs associated with the collection
of such a debt, including but not limited to collection agency fees
and legalfees.
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AUDITS
56.1
56.2
56.3
56.4
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Each Party to this Agreement will be responsible for the accuracy and quality
of its data as submitted to the other Party involved. Subject to each Party's
reasonable security requirements and except as may be otherwise
specifically provided in this Agreement, either Party, at its own expense, may
audit the other Party's books, records and other documents directly related to
billing and invoicing once in any twelve (12) month period for the purpose of
evaluating the accuracy of the other Party's billing and invoicing. "Audit" shall
mean a comprehensive review of bills for services performed under this
Agreement; "Examination" shall mean an inquiry into a specific element of or
process related to bills for services performed under this Agreement. Either
Party (the "Requesting Party) may perform one (1) Audit per twelve (12)
month period commencing with the Effective Date, with the assistance of the
other Party, which will not be unreasonably withheld. The Audit period will
include no more than the preceding twelve (12) month period as of the date
of the Audit request. The Requesting Party may perform Examinations, as it
deems necessary, with the assistance of the other Party, which will not be
unreasonably withheld.
Upon thirty (30) Days written notice by the Requesting Party to Audited Party,
Requesting 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).
Each party shall bear its own expenses in connection with the conduct of the
Audit or Examination. The reasonable cost of special data extraction
required by the Requesting Party to conduct the Audit or Examination will be
paid for by the Requesting Party. For purposes of this Section, a "Special
Data Extraction" shall mean the creation of an output record or informational
report (from existing data files) that is not created in the normal course of
business. lf any program is developed to Requesting Party's specifications
and at Requesting Party's expense, Requesting Party shall specify at the
time of request whether the program is to be retained by Audited Party for
reuse for any subsequent Audit or Examination.
Adjustments based on the audit findings may be applied to the twelve (12)
month period included in the audit. Adjustments, credits or payments shall be
made and any corrective action shall commence within thirty (30) Days from
the requesting Party's receipt of the final audit report to compensate for any
errors or omissions which are disclosed by such Audit or Examination and
are agreed to by the Parties. lnterest shall be calculated in accordance with
Section 55.12 above.
56.
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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.
On thirty (30) Days' written notice, each Party must provide the other the
ability and opportunity to conduct an annual audit to ensure the proper routing
and billing of traffic. These audits may encompass all traffic or any subset
type of traffic at the initiator's option.
This Section shall survive expiration or termination of this Agreement for a
period of one ('1) year after expiration or termination of this Agreement.
57.CENTURYLINK OSS INFORMATION
57.1 Subject to the provisions of this Agreement and Applicable Law, CLEC shall
have a limited, revocable, non-transferable, non-exclusive right to use
CenturyLink OSS lnformation during the term of this Agreement, for CLEC's
internal use for the provision of Telecommunications Services to CLEC End
Users in the State.
All CenturyLink OSS lnformation shall at all times remain the property of
CenturyLink. Except as expressly stated in this Article, CLEC shall acquire
no rights in or to any CenturyLink OSS lnformation. CenturyLink reserves all
rights not expressly granted herein.
57.2.1 CLEC shall treat CenturyLink OSS lnformation as Confidential
lnformation of CenturyLink pursuant to Section 13.
57.2.2 CLEC shall not have any right or license to grant sublicenses to
other persons, or grant permission to other persons (except
CLEC's employees, agents or contractors, in accordance with
Section 57.2.3 below), to access, use or disclose CenturyLink
OSS lnformation, except as provided in Section 57.2.3 below.
57.2.3 CLEC's employees, agents and contractors may access, use
and disclose Centurylink OSS lnformation only to the extent
necessary for CLEC's access to, and use and disclosure of,
CenturyLink OSS lnformation permitted by this Article. Any
access to, or use or disclosure of, CenturyLink OSS lnformation
by CLEC's employees, agents or contractors, shall be subject to
the provisions of this Agreement, including, but not limited to,
Section 13 and Sections 57.2.1 and 57.2.2 above. CLEC shall
ensure that its employees, agents, and contractors comply with
all provisions herein relating to access to and use of CenturyLink
OSS lnformation.
Unless sooner terminated or suspended in accordance with the Agreement or
this Article (including, but not limited to Sections 7, 55 and 57.7.1 below),
CLEC's access to, and use of, CenturyLink OSS lnformation through
CenturyLink OSS Services shall terminate upon the expiration or termination
of the Agreement.
57.2
57.3
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56.6
56.7
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57.4
57.5
57.6
57.7
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57.3.1 CenturyLink shall have the right (but not the obligation) to audit
CLEC to ascertain whether CLEC is complying with the
requirements of Applicable Law and this Agreement with regard
to CLEC's access to, and use and disclosure of, CenturyLink
OSS lnformation.
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 CLEC's access
to and use of CenturyLink OSS lnformation, to ascertain whether
CLEC is complying with the requirements of Applicable Law and
this Agreement.
57.3.3 lnformation obtained by CenturyLink pursuant to this Section 57
shall be treated by CenturyLink as Confidential lnformation of
CLEC pursuant to Section 13; provided that, CenturyLink shall
have the right to use and disclose information pursuant to this
Article to enforce CenturyLink's rights under the Agreement or
Applicable Law.
57.3.4 All CenturyLink OSS lnformation received by CLEC shall be
destroyed or returned by CLEC to Centurylink, upon expiration,
suspension or termination of the right to use such Centurylink
OSS lnformation.
57.3.5 All practices and procedures for access to and use of
CenturyLink OSS including all access and user identification
codes shall remain the property of CenturyLink.
The provisions of this Article shall be in addition to and not in derogation of
any provisions of Applicable Law, including, but not limited to, 47 U.S.C.
5222, and are not intended to constitute a waiver by CenturyLink of any right
with regard to protection of the confidentiality of the information of
CenturyLink or CenturyLink End Users provided by Applicable Law.
CLEC understands that any OSS access to obtain CPNI that is made without
prior customer permission to access the information or for CLEC to become
the customer's service provider shall be both a violation of Applicable Law
and a material breach of this agreement.
CenturyLink will provide CLEC with access to documentation and user
manuals that set forth the methods and procedures to utilize CenturyLink's
OSS service. CLEC agrees that all documentation and manuals shall be
used only for internal use, for the purpose of training employees to utilize the
capabilities of CenturyLink's OSS services in accordance with this Article and
shall be deemed "Confidential Information" and subject to the terms,
conditions and limitations set forth in this Article.
Liabilities And Remedies
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57.7.1
57.7.2
57.8
57.7.3
Cooperation
57.8.1
57.8.2
57.8.3
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lf CLEC or an employee, agent or contractor of CLEC, at any
time breaches a provision of this Section 57 and such breach
continues after notice thereof from CenturyLink, then, except as
othenvise required by Applicable Law, Centurylink shall have
the right, upon notice to CLEC, to suspend or terminate the right
to use CenturyLink OSS services granted by Section 57.1 above
and/or the provision of CenturyLink OSS services, in whole or in
part.
CLEC agrees that CenturyLink would be irreparably injured by a
breach of this Article by CLEC or the employees, agents or
contractors of CLEC, and that CenturyLink shall be entitled to
seek equitable relief, including injunctive relief and specific
performance, in the event of any such breach. Such remedies,
and the remedies set forth in Section 57.7.1, shall not be
deemed to be the exclusive remedies for any such breach, but
shall be in addition to any other remedies available under this
Agreement or at law or in equity.
Any breach of any provision of this Article by any employee,
agent, or contractor of CLEC shall be deemed a breach by
CLEC.
CLEC, at CLEC's expense, shall reasonably cooperate with
Centurylink in using CenturyLink OSS Services. Such
cooperation shall include, but not be limited to, the following:
CLEC shall reasonably cooperate with CenturyLink in submitting
orders for Centurylink Telecommunications Services and
otherwise using the CenturyLink OSS Services, in order to avoid
exceeding the capacity or capabilities of such CenturyLink OSS
Services.
Upon CenturyLink's request, CLEC shall participate in
reasonable cooperative testing of CenturyLink OSS Services
and shall provide reasonable assistance to CenturyLink in
identifying and correcting mistakes, omissions, interruptions,
delays, errors, defects, faults, failures, or other deficiencies, in
CenturyLink OSS Services.
57.9 Future Enhancements To CenturyLink OSS Facilities
57.9.1 Subject to the requirements of Applicable Law, the specific OSS
and OSS access method(s) offered will be determined by
CenturyLink and may be changed by CenturyLink without the
consent of CLEC.
lf Centurylink makes enhancements to the existing OSS, the
Parties agree that to the extent practicable, CLEC will use the
enhanced OSS and specified OSS access method(s).
CenturyLink may at its option discontinue any OSS or OSS
access method that an enhancement has been designed to
replace.
57.9.2
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PROVISION OF USAGE DATA
Recorded Usage Data includes, but is not limited to, the following categories
of information:
Use of CLASS/LASS/Custom Calling Features that CenturyLink
records and bills for its End Users on a per usage basis.
Calls to Directory Assistance where CenturyLink provides such
service to a CLEC End User.
Calls completed via CenturyLink provided Operator Services
where CenturyLink provides such service to CLEC's local
service End User and where Centurylink records such usage for
its End Users using lndustry Standard Telcordia EMI billing
records.
Access records related to long distance calling.
CenturyLink -provided Centrex Service, station level detail.
58.2 This Section sets forth the terms and conditions for CenturyLink's provision
of Recorded Usage Data for information exchange regarding long distance
and access billing. To the extent technically feasible, each Party shall
record all call detail information associated with completed long distance and
access calls originated by or terminated by such 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 lnterexchange 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 CLEC agree that they shall retain, at each Party's
sole expense, copies of all EMI records transmitted to the other Party for at
least forty-five (45) Days after transmission to the other Party.
Except as stated in the preceding Section, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which, CLEC
Usage lnformation will be provided to CLEC shall be determined by
CenturyLink.
General Procedures
58.3
58.4
58.4.1
58.
58.1
58.1.1
58.1.2
58.1.3
58.1.4
58.1.5
58.4.2
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CenturyLink shall maintain a machine readable back-up copy of
the message detail provided to CLEC for a minimum of forty-five
(45) Days. During the forty-five (a5) Day period, CenturyLink
shall provide any data back-up to CLEC upon the request of
CLEC. lf the forty-five (45) Day period has expired, CenturyLink
may provide the data back-up at CLEC's expense.
Centurylink shall provide to CLEC, Recorded Usage Data for
CLEC End Users. CenturyLink shall not submit other CLEC
local usage data as part of the CLEC Recorded Usage Data.
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58.5
58.6
58.7
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58.4.3 CenturyLink shall not bill directly to CLEC End Users any
recurring or non-recurring charges for CLEC's services to the
End User except where explicitly permitted to do so within a
written agreement between CenturyLink and CLEC.
58.4.4 CenturyLink shall provide Recorded Usage Data to CLEC billing
Iocations as agreed to by the Parties.
58.4.5 Centurylink shall bill and CLEC shall pay the charges for
Recorded Usage Data. Billing and payment shall be in
accordance with the applicable terms and conditions set forth
herein.
Charges
58.5.1 Access services, including revenues associated therewith,
provided in connection with the resale of services hereunder
shall be the responsibility of CenturyLink and CenturyLink shall
directly bill and receive payment on its own behalf from an IXC
for access related to interexchange calls generated by resold or
rebranded customers.
58.5.2 CenturyLink will deliver one monthly statement for Usage Data
Billing Services in the medium selected by CLEC in the start-up
process.
a. lnvoices will be provided in a standard Carrier Access
Billing format or other such format as CenturyLink may
determine;
b. Where local usage charges apply and message detail is
created to support available services, CLEC will pay
Centurylink for providing such call detail;
c. The Parties will work cooperatively to exchange
information to facilitate the billing of lncollecVOutcollectand inter/intra-region alternately billed messages.
CenturyLink shall settle with CLEC for both intra-region
and inter-region billing exchanges of calling card, bill-to-
third party, and collect calls under separately negotiated
settlement arrangements.
d. CenturyLink shall bill for message provisioning and the
provision of usage records.
Other Billed Charges. CLEC is responsible for all charges incurred by CLEC's
End Users.
Lost Data
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58.7.1
58.7.2
58.7.3
58.7.4
58.7.5
58.7.6
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Loss of Recorded Usage Data. CLEC Recorded Usage Data
determined to have been lost, damaged or destroyed as a result
of an error or omission by CenturyLink in its performance of the
recording function shall be recovered by Centurylink at no
charge to CLEC. ln the event the data cannot be recovered by
CenturyLink, CenturyLink shall estimate the messages and
associated revenue, with assistance from CLEC, based upon
the method described below. This method shall be applied on a
consistent basis, subject to modifications agreed to by
Centurylink and CLEC. This estimate shall be used to adjust
amounts CLEC owes CenturyLink for services CenturyLink
provides in conjunction with the provision of Recorded Usage
Data.
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.
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.
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 CLEC and CenturyLink to the estimated message volume
for messages for which usage charges apply to the subscriber to
arrive at the estimated lost revenue.
lf the day of loss is not a holiday but one (1) or more of the
preceding corresponding days is a holiday, Centurylink shall
use additional preceding weeks in order to procure volumes for
two (2) non-holidays in the previous two (2) weeks that
correspond to the day of the week that is the day of the loss.
lf the loss occurs on a weekday that is a holiday (except
Christmas 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
CLEC's most recent three (3) month message volume groMh. lfa 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 CLEC and
CenturyLink.
Control procedures for all usage transferred between
CenturyLink and CLEC shall be available for periodic review and
errors must be identified and jointly resolved as they occur. The
resolution may include changes to control procedures, so similar
problems would be avoided in the future. Any changes to
control procedures would need to be mutually agreed upon by
CLEC and CenturyLink.
58.8.2
58.9 CLEC Requested Changes
58.9.1
58.9.2
58.10.3
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CLEC may submit a request to negotiate and pay for changes in
the content and format of the usage data transmitted by
CenturyLink.
When the negotiated changes are to be implemented, CLEC
and/or CenturyLink shall arrange for testing of the modified data.
58.10 Rejected Recorded Usage Data
58.10.1 Upon agreement between CLEC and CenturyLink, messages
that cannot be rated and/or billed by CLEC may be returned to
CenturyLink in their original format.
CenturyLink may correct and resubmit to CLEC any messages
returned to CenturyLink. CenturyLink will not be liable for any
records determined by CenturyLink to be billable to a CLEC End
User. CLEC will not return a message that has been corrected
and resubmitted by CenturyLink. CenturyLink will only assume
liability for errors and unguideables caused by CenturyLink.
All practices and procedures for access to and use of
CenturyLink OSS including all access and user identification
codes shall remain the property of CenturyLink.
58.10.2
58.11 Data Validation Files
58.11.1 Upon request, CenturyLink will provide CLEC with any of the
following Data Validation Files at the rates identified in Table 1.At CenturyLink's option, the files will be provided via
downloadable, email, or other electronic format:
a. MSAG (Master Street Address Guide)
b. Feature/Service Availability by Switch
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Directory Names
Class of Service Codes
Community Names
Yellow Page Headings
Pl C/LPIC (l nterLATA/l ntraLATA)
58j1.2 CLEC may obtain a Data Validation File not more than once per
quarter.
58.12 Usage Recording for Resold Services
58.12.1 Centurylink shall record all usage originating from CLEC End
Users using resold services ordered by CLEC, where
CenturyLink records those same services for CenturyLink End
Users.
CENTURYLINK ACCESS TO INFORMATION RELATED TO CLEC CUSTOMERS
59.1 CenturyLink shall have the right to access, use and disclose information
related to CLEC End Users that is in CenturyLink's possession (including, but
not limited to, in CenturyLink OSS) to the extent such access, use and/or
disclosure is required by law or is necessary to enforce CenturyLink's rights,
or is authorized by the CLEC in the manner required by Applicable Law.
Upon request by CenturyLink, CLEC shall negotiate in good faith and enter
into a contract with CenturyLink, pursuant to which CenturyLink may obtain
access to CLEC's Operations Support Systems (including, systems for pre-
ordering, ordering, provisioning, maintenance and repair, and billing) and
information contained in such systems at terms no less favorable than
CenturyLink provides to CLEC, to permit CenturyLink to obtain information
related to CLEC End Users (as authorized by the applicable CLEC), to permit
End Users to transfer service from one Telecommunications Carrier to
another, and for such other purposes as may be permitted by Applicable Law.
59.2
NETWORK MANAGEMENT
60.1
c.
d.
A
f.
g.
59.
60.
60.2
60.3
CLEC and CenturyLink will exchange appropriate information (e.9., network
information, maintenance contact numbers, escalation procedures, and
information required to comply with requirements of law enforcement and
national security agencies) for network management purposes. ln addition,
the Parties will apply sound network management principles to alleviate or to
prevent traffic congestion and to minimize fraud associated with third number
billed calls, calling card calls, and other services related to this Agreement.
The Parties will employ characteristics and methods of operation that will not
interfere with or impair the Parties' networks, or the network of any third
parties or affiliated companies, connected with or involved directly in the
network or facilities of CenturyLink.
CLEC shall not interfere with or impair service over any circuits, facilities or
equipment of CenturyLink, its affiliated companies, or its connecting and
concurring carriers.
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60.4
60.5
60.6
60.7
61.4
lf CLEC causes any impairment or interference, CenturyLink shall promptly
notify CLEC of the nature and location of the problem and that, unless
promptly rectified, a temporary discontinuance of the use of any circuit, facility
or equipment may be required. The Parties agree to work together to attempt
to promptly resolve the impairment or interference. lf CLEC is unable to
promptly remedy, then CenturyLink may, at its option, temporarily discontinue
the use of the affected circuit, facillty or equipment until the impairment is
remedied.
Any violation of Applicable Law or regulation regarding the invasion of privacy
of any communications carried over CenturyLink's facilities, or that creates
hazards to the employees of CenturyLink or to the public, is also considered
an impairment of service.
CenturyLink shall give advanced notice to CLEC of all non-scheduled
maintenance or other planned network activities to be performed by
CenturyLink on any Network Element, including any hardware, equipment,
software, or system, providing service functionality of which CLEC has
advised CenturyLink may potentially impact CLEC End Users.
The Parties shall provide notice of network changes and upgrades in
accordance with 47 C.F.R. SS51.325 through 51.335. CenturyLink may
discontinue any lnterconnection arrangement, Telecommunications Service,
or Network Element provided or required hereunder due to network changes
or upgrades after providing CLEC notice as required by this Section.
CenturyLink agrees to cooperate with CLEC and/or the appropriate regulatory
body in any transition resulting from such discontinuation of service and to
minimize the impact to customers which may result from such discontinuance
of service.
61.MAINTENANCE AND REPAIR
61.1 ln the event of an outage or trouble in any service being provided by
CenturyLink hereunder, CLEC will follow CenturyLink's standard procedures
for isolating and clearing the outage or trouble. Before submitting a repair
request to CenturyLink, CLEC will isolate trouble to the CenturyLink network
and must submit test results indicating the location of the trouble when
submitting the repair request.
CenturyLink shall provide repair, maintenance and testing for all resold
Telecommunications Services and such UNEs that CenturyLink is able to
test, in accordance with the terms and conditions of this Agreement.
During the term of this Agreement, CenturyLink shall provide necessary
maintenance business process support as well as those technical and
systems interfaces at Parity. CenturyLink shall provide CLEC with
maintenance support at Parity.
61.3.1 For purposes of service restoral, CenturyLink shall designate a
CLEC access line as an Essential Service Line (ESL) at Parity
with CenturyLink's treatment of its own End Users and
applicable State law or regulation, if any.
CenturyLink shall provide CLEC maintenance dispatch personnel on the
same schedule that it provides its own subscribers.
61.2
61.3
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61.5
61.6
62.EXPENSES
62.1
62.2
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All CenturyLink employees or contractors who perform repair service for
CLEC End Users shall follow CenturyLink standard procedures in all their
communications with CLEC End Users. These procedures and protocols
shall ensure that.
61.5.1 CenturyLink employees or contractors shall perform repair
service that is equal in quality to that provided to Centurylink
End Users; and
61.5.2 Trouble calls from CLEC shall receive response time priority that
is equal to that of CenturyLink End Users and shall be handled
on a "first come first served" basis regardless of whether the End
User is a CLEC End User or a CenturyLink End User.
On all misdirected calls from CLEC End Users requesting repair, CenturyLink
shall provide such CLEC End User with the correct CLEC repair telephone
number as such number is provided to CenturyLink by CLEC. lf CenturyLink
initiates trouble handling procedures, it will bear all costs associated with that
activity. lf CLEC requests the trouble dispatch, and either there is no trouble
found, or the trouble is determined to be beyond the End User Demarcation
Point, then CLEC will bear the cost.
ln performing under this Agreement, CenturyLink may be required to make
expenditures or othenvise incur costs that are not otherwise reimbursed
under this Agreement. ln such event, CenturyLink is entitled to
reimbursement from CLEC 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 CLEC makes a request that involves
expenditures or costs not otherwise covered under this agreement,
CenturyLink will provide a quote to CLEC in a timely manner and CLEC must
agree to accept the quoted charges prior to CenturyLink's initiation of work.
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. INTERCONNECTION, TRANSPORT AND TERMINATION OF TRAFFIC
63. SERVICES COVERED
63.1 To the extent required by Applicable Law and subject to the terms and
conditions of this Agreement, CLEC will interconnect its network with
CenturyLink's network for the transmission, routing and termination of Local
Traffic, ISP-Bound Traffic, lntraLATA LEC Toll Traffic, Local and Toll VolP-
PSTN Traffic, Transit Traffic and Jointly Provided Switched Access Service
Traffic. This Agreement is intended only for 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 written
agreement to govern such traffic.
63,1.1
64.
63.1.3
63.1.4
64.1
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63.1.2
This Article governs the lnterconnection of network facilities of
the Parties, and the transport, termination and billing of Local
Traffic between CenturyLink and CLEC.
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.
ln the event CLEC routes any traffic to CenturyLink in violationof 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 trafficif CLEC had negotiated appropriate arrangements for
exchanging such traffic with CenturyLink.
Each Party is solely responsible for the services it provides to its
End Users and to other providers.
NETWORK INTERCONNECTION METHODS
64.2
This Section sets forth the terms and conditions for Network lnterconnection
Methods (NlMs) provided between CenturyLink and CLEC for the
lnterconnection Facilities established between the Parties' networks.
Additionally, this Section describes the physical architecture for the
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 Traffic, Transit Traffic and Jointly Provided Switched
Access Service Traffic.
CenturyLink shall provide lnterconnection for CLEC'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.
Physical Architecture64.3
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64.3.1 CenturyLink's network architecture in any given local exchange
arca 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. CLEC and
CenturyLink agree to lnterconnect their networks through
existing and/or new lnterconnection Facilities between CLEC
switch(es) and CenturyLink's End Office Switch(es) and/or
Tandem Switch(es). The physical architecture plan will be in
accordance with Forecasting and Planning requirements in
Article lV.
Either Party must provide thirty (30) Days written notice of any
changes to the physical architecture plan.
Each Party is solely responsible for the facilities that carry
OS/DA, 911 or Mass Calling for their respective End Users.
Separate trunks ordered via ASRs at Tariffed rates must be
utilized for connecting CLEC's switch(es) to each of these
services.
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
finaltrunk groups between a CLEC 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 CLEC must establish a minimum of one POI on CenturyLink's
network within each LATA in accordance with the terms of this
Agreement. CLEC shall establish additional POls under the
following circumstances:
a. CLEC must establish a POI at each Tandem Switch in the
LATA where it wishes to exchange (i.e., receive or
terminate) any types of traffic which are permitted under
Section 63.1 with CenturyLink or where it has established
codes within that tandem serving area.
b. When a CenturyLink End Office Switch subtends a
CenturyLink Tandem Switch, CLEC must establish a POI
at a CenturyLink End Office when total traffic volumes
exchanged between the Parties at that particular
CenturyLink End Office (inclusive of any Remote Switches
served by that End Office) exceeds, or is expected to
exceed, the thresholds as set forth in Section 64.4.2.
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64.3.2
64.3.3
64.3.4
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64.4.3
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c. When a CenturyLink End Office Switch subtends a non-
CenturyLink Tandem, CLEC must establish a POI at each
CenturyLink End Office Switch that subtends a non-
CenturyLink Tandem based on the thresholds as set forth
in Section 64.4.2 being met.
d. To the extent CenturyLink's network contains multiple non-
contiguous exchanges in the LATA that are not
interconnected by CenturyLink-owned network, CLEC
must establish a POI at each separate non-interconnected
exchange or each separate group of exchanges that are
interconnected by Centurylink-owned network where it
wishes to exchange (i.e., receive or terminate) any types of
traffic which are permitted under Section 63.1 with
CenturyLink.
e. CLEC 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 for
numbering resources where the partnering carrier has
facilities or numbering resources in the same Rate Center,
pursuant to Section 90.2.
POlThresholds
a. When the total volume of traffic exchanged between the
Parties at a CenturyLink End Office exceeds 200,000 MOU
per month, or the one-way traffic from either Party exceeds
100,000 MOU per month, CLEC must establish a POI with
CenturyLink's End Office for the mutual exchange of traffic
within thirty (30) Days of when the traffic exceeds the MOU
per month threshold. ln situations where CenturyLink's
network contains host and remote End Offices, any traffic
from remote End Offices will be included in the MOU
determination of the traffic from the host End Office.
b. Notwithstanding any other provision to the contrary, if
either Party is assessed transiting costs by a third party
and such charges associated with a single traffic exchange
route between the Party and the Tandem owner exceed
two hundred dollars ($200.00) for one month, CLEC must
establish a POI with CenturyLink's End Office for the
mutual exchange of traffic within thirty (30) Days.
The Parties may mutually agree to establish additional POls
even where none of the conditions set forth in Sections 64.4.1
and 64.4.2 of this Article has occurred.
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64.4.4 CLEC will be responsible for engineering and maintaining its
nehtrork on its side of a POl. CenturyLink will be responsible for
engineering and maintaining its network on its side of a POl.
The Parties may utilize any Network lnterconnection Method
described in this Section 64. Each Party is responsible for the
appropriate sizing, operation, maintenance and cost of the
transport facility to a POl.
Each Party is financially responsible for transport on its side of
each POl. lf CLEC chooses to lease the facility from each POI
to CLEC's network from CenturyLink and the facility is within
CenturyLink's serving territory, CLEC will lease the facility from
CenturyLink as defined in Section 64.5.
CLEC 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.
lf CLEC is acting as an IXC and as a competitive local exchange
carrier, CLEC must have a unique Operating Company Number
(OCN) when ordering as CLEC entity. When CLEC orders IXC
Feature Group D Switched Access Services, the access tariff
applies.
64.4.5
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 withinCenturyLink's applicable serving area.
Local Interconnection 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 availableas an alternative to CenturyLink provided Local
lnterconnection Entrance Facilities, subject to
Section 66.2.8.1.3. CLEC may also lease access facilities
from a third party.
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64.4.6
64.4.7
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64.5.3
64.5.4
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b. To the extent required by Applicable Law, traffic may be
delivered to each Point of lnterconnection (POl) through
Collocation arrangements offered by CenturyLink pursuant
to this Agreement, a separate Collocation agreement, or
the rates, terms and conditions set forth in CenturyLink's
applicable Tariff, where such Tariff is available.
Mid Span Fiber Meet.
a. The Parties may interconnect at a Mid Span Fiber Meet
subject to the following terms and conditions:
1. The Mid Span Fiber Meet, as proposed, must be at
a mutually agreeable, economically and technically
feasible point between CenturyLink's Serving Wire
Center End Office and CLEC's Premises, and will
be within the CenturyLink Local Calling Area.
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 controlthe 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. CLEC 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.
Third Party ILEC Meet Point using Leased Facilities. lf CLEC
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.
Self-Provisioned. CLEC may construct or otherwise self-
provision lnterconnection Facilities.
64.6 Direct lnterconnection at the CenturyLink Tandem
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64.8
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64.6.1 Subject to Section 64.4, lnterconnection to a CenturyLink
Tandem Switch will provide CLEC 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 CLEC is responsible for provisioning its traffic to interface into
Centurylink's Tandem at the DS1 level, including switch port
and any muxing necessary for such purposes. lf CLEC orders
Centurylink lnterconnection Facilities for this, the CLEC shall
pay the applicable Local lnterconnection Entrance Facility,
Direct Trunked Transport, and multiplexing rates from Table 1.
lf CLEC orders Centurylink's access services for this, the CLEC
shall pay based on CenturyLink's applicable access tariff instead
of Table 1.
Direct lnterconnection at the CenturyLink End Office
64.7.1 lnterconnection to a CenturyLink End Office Switch will provide
CLEC 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.
64.7.2 CLEC is responsible for provisioning its traffic to interface into
CenturyLink's End Office at the DS1 level, including switch port
and any muxing necessary for such purposes. lf CLEC 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.
I ndirect Network Connection
64.8.1 For purposes of this Agreement, "lndirect Traffic" means traffic
which is originated by one Party and terminated to the other
Party in which a third party ILEC's tandem switch both provides
the intermediary transit service and serves CenturyLink's NXXs.
lndirect Network Connection for lndirect Traffic is intended only
for de minimis traffic associated with CLEC "start-up" market
entry into a CenturyLink local exchange. Therefore lndirect
Network Connection will be allowed only on routes between
CenturyLink end offices and a CLEC switch in instances where,
and only so long as, none of the triggers set forth in this Section
64.8 have been reached.
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64.8.2
64.8.3
64.8.4
64.8.5
64.8.6
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lndirect Network Connection shall be accomplished by
CenturyLink and CLEC 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.
Notwithstanding any other provision to the contrary, once the
totalvolume 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, CLEC 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.
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, CLEC must establish a POI
with the CenturyLink End Office serving that route for the mutual
exchange of traffic within thirty (30) Days.
lf CLEC has not established a POI within thirty (30) Days after
exceeding the triggers in Sections 64.8.3 or 64.8.4, CLEC will
reimburse CenturyLink for any transit charges billed by an
intermediary carrier after the thirty (30) Day period for traffic
originated by CenturyLink. CLEC will also reimburse
CenturyLink for any transport costs that would be CLEC's
responsibility under the Direct lnterconnection terms.
To the extent a Party combines Local Traffic, lntraLATA LEC
Toll Traffic, Toll VolP-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.
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SIGNALING AND INTERCONNECTION TRUNKING REQUIREMENTS
65.1 This Section sets forth certain signaling requirements and the terms and
conditions for lnterconnection provided by Centurylink and CLEC and
provides descriptions of the trunking requirements between CLEC and
Centurylink. This Section describes the required and optional trunk groups
for Local and Mass Calling.
Signaling Parameters: CenturyLink and CLEC are required to provide each
other the proper signaling information (e.9., originating Calling Party Number
(CPN), Charge Number (ChN) and destination called party number, etc.) as
required by Applicable Rules and further clarified by the FCC's ICC Order to
enable each Party to issue bills in a complete and timely fashion. All CCS
signaling parameters will be provided unchanged including CPN, calling party
category, ChN 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.
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 VolP-PSTN
Traffic, lntraLATA LEC Toll Traffic and Jointly Provided Switched Access
Service Traffic (as defined by MECAB and MECOD) and such trunks shall be
ordered out of and subject to the applicable access tariffs. ln the event CLEC
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.
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 CLEC 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.
65.2
65.3
65.4
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65.4.3
65.4.4
65.4.5
65.4.6
The costs associated with transporting lnformation Service
Traffic to CLEC shall be the sole responsibility of CLEC.
Centurylink is not obligated under this Agreement to provision
orders for reciprocal trunks or build facilities in the establishmentof lnterconnection arrangements solely for the delivery of
lnformation Service Traffic. Facilities for lnformation Service
Traffic shall be ordered from the appropriate Tariff and CLEC will
be obligated to pay the full cost of such facilities. An upfront
charge will apply for any new facilities or network modifications
requested by CLEC and agreed upon by CenturyLink.
For administrative consistency CLEC will have control for the
purpose of issuing Access Service Requests (ASRs) on two-way
groups. CLEC will also use ASRs to request or make necessary
changes in trunking.
With respect to any two-way trunks directionalized as one-way in
each direction and separate one-way trunks 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.
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 CLEC can demonstrate that it is not
technically feasible to use SS7 or where CenturyLink
othenvise agrees to use MF.
b. Separate trunk groups may be required by CenturyLink for
certain traffic types including, but not limited to:
1.
2.
3.
9111E911 trunks;
Mass Calling trunks, if applicable; and
Toll Free Service trunks where CLEC provides
such service to its End User customers.
65.5 Trunk Groups
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65.6.4
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65.5.1 CLEC 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 CIC/OZZ information (non-SS7
environment) will be provided by CLEC wherever such
information is needed for call routing or billing. The Parties will
follow all Network Operations Forum (NOF) adopted standards
and all OBF adopted standards pertaining to TNS and CICIOZZ
codes.
65.5.2 CLEC and CenturyLink shall, where applicable, make
reciprocally available, the required trunk groups to handle
different traffic types.
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.
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). CLEC will have administrative control
for the purpose of issuing ASR's on both two-way and one-way
trunk groups. Parties will jointly manage the capacity of Local
lnterconnection Trunk Groups.
Should CLEC request trunking from CenturyLink in excess of the
industry traffic engineering design blocking standard set forth in
Section 64.3.4. CenturyLink is not obligated to provide such
trunking unless CLEC agrees in writing to pay for the excess
trunking on the CenturyLink side of the POl.
Utilization shall be defined as 'trunks required' as a percentage
of trunks in service. Trunks required shall be determined using
methods described in Section 64.3.4 using design utilization
criteria stated in Section 65.6.2.
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:
65.6.2
b.
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65.8
65.9
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a. lf a final trunk group is under seventy-five percent (75%) ot
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 (25%) excess capacity. ln all cases POI
requirements and grade of service objectives shall be
maintained.
b. CLEC will send an ASR to CenturyLink to trigger changesto 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 CLEC 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.
CLEC will be responsible for engineering its network on its side of the Point of
lnterconnection (POl). CenturyLink will be responsible for engineering its
network on its side of the POl.
Where facilities are available, due dates for the installation of Local
lnterconnection Trunks covered by this Section shall be in accordance with
the Standard Practices as published on the CenturyLink Website. lf either
CLEC or CenturyLink is unable to or not ready to perform Acceptance Tests,
or is unable to accept the Local Interconnection Trunk(s) by the due date, the
Parties will reschedule a mutually acceptable date.
Trunk Data Exchange
65.9.1 Each Party agrees to service trunk groups to the blocking criteria
in Section 64.3.4 in a timely manner when trunk groups exceed
measured blocking thresholds on an average time consistent
busy hour for a twenty-one (21) Day study period. The Parties
agree that twenty-one (21) Days is the study period duration
objective unless mutually agreed otherwise. The study period
will not include a holiday.
Network Management
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65.10.1
65.10.2
65.10.3
65.11 Technical lnterfaces
65.11.1
65.11.2
65.1'1.3
65.12 Responsibilities of the Parties
65.12.1
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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. CLEC and CenturyLink will
immediately notify each other of any protective control action
planned or executed.
Expansive Controls. Where the capability exists, originating or
terminating traffic reroutes may be implemented by either Party
to temporarily relieve network congestion due to facility failures
or abnormal calling patterns. Reroutes will not be used to
circumvent normal trunk servicing. Expansive controls will only
be used when mutually agreed to by the Parties.
Temporary Mass Calling. CLEC and Centurylink shall
cooperate and share pre-planning information, where available,
regarding cross-network call-ins expected to generate large or
focused temporary increases in call volumes, to prevent or
mitigate the impact of these events on the public switched
network.
CLEC is responsible for provisioning its traffic to CenturyLink's
switch port at the DS'l level, including any muxing necessary for
such purposes.
Standard interconnection facilities shall be extended superframe
(ESF) with BSZS line code where currently available.
Signaling protocol. The parties will interconnect their networks
using SS7 signaling where technically feasible and available as
defined in GR 905 Telcordia Standards including ISDN User
Part (ISUP) for trunk signaling and TCAP for CCS-based
features in the lnterconnection of their networks. All Network
Operations Forum (NOF) adopted standards shall be adhered
to. Where available, CenturyLink signaling services to link its
Signaling Transfer Points (STPs) for CLEC switches which
connect to CenturyLink's STPs via "A" links or for CLEC's STPs
to connect to CenturyLink's STPs via "D" links which are
dedicated to the transport of signaling for local lnterconnection,
may be ordered from the CenturyLink Tariff.
CLEC and CenturyLink will work cooperatively to install and
maintain a reliable network. CLEC and CenturyLink shall
exchange appropriate information (e.9., maintenance contact
numbers, network information, information required to comply
with law enforcement and other security agencies of the federal
and State government and such other information as the Parties
shall mutually agree)to achieve this desired reliability.
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65.12.2
65.12.3
65.12.4
65.12.5
65.12.6
65.12.7
65.12.8
65.12.9
65.12.10
65.12.11
65.12.12
65.12.13
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CLEC and CenturyLink will review engineering requirements as
necessary and establish semi-annual forecasts for facilities
utilization provided under this Article.
CLEC and CenturyLink will provide trained personnel with
adequate and compatible test equipment to work with each
other's technicians.
CLEC and CenturyLink will notify each other when there is any
change affecting the service requested, including the due date.
CLEC and CenturyLink will recognize that a facility handoff point
must be agreed to as part of the process of the lmplementation
Plan that establishes the demarcation for maintenance and
provisioning responsibilities for each Party.
CLEC and CenturyLink will review engineering requirements
consistent with the lmplementation Plan as described in and as
othenrvise set forth in this Agreement.
CLEC and CenturyLink will share responsibility for all control
office functions for Local lnterconnection Trunks and trunk
groups, and both parties shall share the overall coordination,
installation, and maintenance responsibilities for these trunks
and trunk groups.
CLEC and CenturyLink will coordinate and schedule testing
activities of their own personnel, and others as applicable, to
ensure its lnterconnection trunks/trunk groups are installed per
the lnterconnection order, meet agreed-upon acceptance test
requirements, and are placed in service by the due date.
CLEC and CenturyLink will perform sectionalization to determineif a trouble is located in its facility or its portion of the
lnterconnection trunks prior to referring the trouble to each other.
CLEC and CenturyLink will advise each other if there is an
equipment failure which may affect the lnterconnection trunks.
CLEC 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.
CLEC and CenturyLink will provide to each other test-line
numbers and access to test lines.
CLEC and CenturyLink will cooperatively plan and implement
coordinated repair procedures for the Meet Point and Local
Interconnection Trunks and facilities to ensure trouble reports
are resolved in a timely and appropriate manner.
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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 Seruice, 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.
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 othenvise be specified herein for VolP-PSTN
Traffic.
66.1.2 Vo|P-PSTNTraffic
a. Local Vo|P-PSTN Traffic. CLEC and CenturyLink will
exchange Local Vo|P-PSTN Traffic on the same basis and
at the same rates as Local Traffic which is not Vo|P-PSTN
Traffic. VolP-PSTN Traffic will be identified as either Local
or non-Local by using the originating and terminating call
detail information of each call unless the Parties
specifically agree othenruise. 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, CLEC 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 togetherin an effort to continue to improve the accuracy ofjurisdictional 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 Traffic.
b. TollVo|P-PSTN Traffic
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1. CLEC and CenturyLink will exchange Toll VolP-
PSTN Traffic, including any Toll Vo|P-PSTN Traffic which
transits a CenturyLink Tandem, at each Party's access
rates. Any non-Local Traffic which is not Toll Vo|P-PSTN
Traffic shall be routed in accordance with Section 63.12.
VolP-PSTN Traffic will be identified as either Local Trafficor non-Local Traffic by using the originating and
terminating call detail information of each call unless the
Parties specifically agree othenvise. 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, CLEC and CenturyLink
may agree on alternate methods to establish call
jurisdiction for Toll Vo!P-PSTN Traffic based on regulatory
or technological evolution. The Parties agree that it is in
the best interest of both Parties to work together in an
effort to continue to improve the accuracy of jurisdictional
data and such efforts shall not be unreasonably withheld
by either Party.
2. The facilities, or portion thereof, leased by CLEC
from CenturyLink which are used to exchange Toll VolP-
PSTN Traffic shall be subject to CenturyLink's interstate
access tariff rates. CenturyLink will use the Facilities
Percent VolP Usage (Facility-PVU) factor in Table 1 to
determine the portion of the Local lnterconnection
Entrance Facility, Direct Trunked Transport, and MUX that
shall be deemed the portion of the facility used to carry Toll
VolP-PSTN Traffic.
2.1 The Facility-PVU factor shall be the
percentage of the total traffic CLEC routes to
Centurylink for termination using Local
lnterconnection Trunks which is Toll 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.
3. Any factors established by the Parties under
Section 66.1.2 shall be based on the particular
characteristics of the traffic exchanged within the State
between CLEC and CenturyLink and shall not be subject
to adoption by anyone not a Party to this Agreement, or
apply to any other service areas.
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66.2 Compensation for Transport and Termination of Local Traffic
66.2.1
66.2.2
66.2.3
66.2.4
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Reciprocal Compensation applies for transport and termination
of Local Traffic terminated by either Party.
The rate elements for transporting and terminating Local Traffic
can be found in Table 1.
The terminating Party may bill the other Party Reciprocal
Compensation for all Local Traffic MOU routed by the other
party for termination.
CLEC and CenturyLink agree to terminate each other's ISP-
Bound Traffic on a Bill and Keep basis. "Bill and Keep" shall
mean that the originating Party has no obligation to pay
terminating charges to the terminating Party.
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66.2.5 Recording for Reciprocal Compensation
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 Recordingforlndirectlnterconnection
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 Local Transport and Termination
a. The transport and termination elements for Local Traffic
depend on the type of lnterconnection between the
Parties.
1. When the 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 CLEC End Users are
terminating to CenturyLink End Users through the
CenturyLink Tandem Switch, CLEC will pay
CenturyLink Tandem Switching, Common
Transport, and End -Office termination. CLEC shall
also pay Common Transport for calls that terminate
at a Centurylink Remote Switch served by the
CenturyLink host End Office Switch.
2. When the POI is connected to the CenturyLink End
Office Switch or in a Mid-Span Fiber Meet
arrangement connected to the CenturyLink End
Office Switch, and calls from CLEC End Users are
terminating to CenturyLink End Users through the
End Office Switch, CLEC shall pay CenturyLink
End Office termination. CLEC shall also pay
Common Transport for calls that terminate at a
CenturyLink Remote Switch served by the
CenturyLink host End Office Switch.
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For lndirect Network Connection, CLEC shall pay
Common Transport and End Office termination for
calls that terminate at a CenturyLink End Office
Switch.
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
I nterconnection Facilities.
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.
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.
3.
66.2.8 Billing Elements for lnterconnection Facility
66.2.8.1 LocallnterconnectionEntranceFacility
66.2,8.'t.1
66.2.8.1.2
66.2.8.1.3
66.2.8.2.1
66.2.8.2.2
Recurring rates for Direct Trunked Transport (DTT)
are specified in Table 1 and will apply for thoseDSI or DS3 facilities dedicated to use as
lnterconnection and ordered as lnterconnection
Facilities. Direct Trunked Transport (DTT) is
available between the Serving Wire Center of theLocal lnterconnection Entrance Facility or
Collocation and the terminating and/or transiting
Tandem Switch or End Office Switches.
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.
Rate band shall be determined for DTT
based on the combination of the Serving
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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 theentire DTT and Local
lnterconnection Entrance Facility
provided by CenturyLink at the ratesin Table 1. CLEC will bill
CenturyLink for CenturyLink's
portion of the same DTT and Local
lnterconnection Entrance Facility
based on the portion defined in
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:
o All Local Traffic Minutes of Use (MOU) that
CenturyLink originates and sends to CLEC.
. All CenturyLink originated lntraLATA LEC Toll MOU
that CenturyLink sends to CLEC.
. All other minutes are CLEC's responsibility for
purposes of allocating the shared costs.
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.
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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 TrunkNonrecurring 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 (1/2) 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.
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66.3 Compensation of non-Local traffic
66.3.1
66.3.2
66.3.3
66.3.4
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Percent Local Usage
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
CLEC 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 CLEC's traffic study
documentation of the PLU at any time to verify the PLU
and may compare the documentation to studies developed
by CenturyLink. Should the documentation indicate that
the factor should be changed by CenturyLink, the Parties
agree that any changes will be retroactive to all traffic
which is determined to have applied an inaccurate factor.
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 Parties may
seek appropriate compensation for such calls
notwithstanding such PLU factor.
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 8YY calls) are non-Local traffic for
compensation purposes and will be compensated at the
appropriate lnterstate or lntrastate Switched Access Service
rates.
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 ISP-Bound
VNXX Tratfic, it will be exchanged at Bill and Keep. A Party that
originates or terminates non-lSP-Bound VNXX 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.
lntentionally Left Blank
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66.3.5 Unless otherwise required by Applicable Law, in the absence of
a written agreement between the Parties stating othenruise, any
traffic which is not included within the definition of Local Traffic
or otherwise specifically addressed in this Agreement will be
compensated at Access Service rates. The right to assess such
Access Service charges shall not be deemed to constitute
authorization for CLEC to route any traffic in a manner which is
not permitted under this Agreement.
TRANSIT TRAFFIC
67.1
67.
67.2
67.3
67.4
67.5
67.6
Transit Service terms in this Agreement are for the delivery of Transit Traffic.
Any Jointly Provided Switched Access Traffic that transits the CenturyLink
network will not be considered Transit Traffic and any network functions
provided by CenturyLink in connection with such Jointly Provided Switched
Access will be provided to the IXC at Switched Access Service rates.
When CenturyLink receives an unqueried call from CLEC to a telephone
number that has been ported to another services provider, rates applicable to
Transit Service will apply in addition to any query rates.
To the extent network and contractual arrangements exist with all necessary
parties throughout the term of this Agreement, CenturyLink will provide
Transit Services for CLEC's connection of its End User to a local End User of:
(1) other CLECS, (2) other ILECs (including any CenturyLink ILEC affiliates
who may be a Party to this Agreement, other than the CenturyLink ILEC
affiliate providing the Transit Service), and (3) CMRS carriers. CenturyLink
will only provide a Transit Service where CLEC is interconnected at the same
CenturyLink Tandem switch to which the terminating carrier is
interconnected. CLEC agrees not to route Transit Traffic to a non-
CenturyLink Tandem (i.e., double Tandem Transit Traffic) where the NPA-
NXX of the number called is rated within CenturyLink's Tandem serving area,
and CLEC shall reimburse CenturyLink for any terminating compensation
charged to CenturyLink by a terminating carrier as a result of any such
double Tandem Transit Traffic routed by CLEC.
CenturyLink may require separate trunking for the delivery of such Transit
Traffic in order to accurately measure and bill it.
ln the event Transit Traffic originated by CLEC is blocked by a third party,
CenturyLink shall have no obligation to resolve the dispute. CLEC
acknowledges that CenturyLink does not have any responsibility to pay, and
CLEC indemnifies CenturyLink against any third-party Telecommunications
Carrier charges for termination of any identifiable Transit Traffic routed to
CenturyLink by CLEC.
Payment Terms and Conditions
67.6.1 CLEC shall pay a Transit Service Charge as set forth in Table 1
for any Transit Traffic routed to CenturyLink by CLEC.
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67.8
67.9
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67.6.2 CLEC shall be responsible for payment of Transit Service
charges on Transit Traffic routed to CenturyLink by CLEC and
for any charges assessed by the terminating carrier. CLEC
agrees to enter into traffic exchange agreements with third-
parties prior to routing any Transit Traffic to CenturyLink for
delivery to such third parties, and CLEC will indemnify, defend
and hold harmless CenturyLink against any and all charges
levied by such third-party terminating carrier with respect to
Transit Traffic, including but not limited to, termination charges
related to such traffic and attorneys'fees and expenses.
Exchange of Data
67.7.1 To the extent technically feasible, the Parties involved in
transporting Transit Traffic will deliver calls to each involved
network with Common Channel Signaling (CCS)/Signaling
System 7 (SS7) protocol and the appropriate ISUP/TCAP
messages to facilitate full interoperability and billing functions.
The Parties agree to send all message indicators received.
Notwithstanding any other provision to the contrary, once the volume of
Transit Traffic exchanged between CLEC and a third party exceeds the
equivalent of three (3) DSls of traffic, CenturyLink may, but shall not be
obligated to, require CLEC to establish a direct connection with the parties to
whom they are sending traffic. CenturyLink also reserves the right to require
CLEC to establish a direct connection to the third party if, in CenturyLink's
sole discretion, the Tandem is at or approaching capacity limitations. These
limitations may include but are not limited to a lack of trunk port capacity or
processor capacity based on the then existing Tandem and network
configuration. Within sixty (60) Days after CenturyLink notifies CLEC of the
requirement to direct connect, CLEC shall establish a direct lnterconnection
with such third party. After sixty (60) Days, if CLEC has not established a
direct lnterconnection, CenturyLink may thereafter charge CLEC for such
Transit Service at double the Transit Service Charge set forth in Table 1.
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 CLEC which is routed to such third party, then
upon written notice CenturyLink may require CLEC to (i) directly interconnect
with such third party, or (ii) to otherwise cease using Transit Service of
CenturyLink for delivery of ClEC-originated traffic to such third party, (iii) or
to take such other action which may be mutually acceptable to CenturyLink,
and CLEC, in order to protect and remove CenturyLink from such
controversy, and CenturyLink may seek legal or equitable relief for purposes
of enforcing this paragraph.
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ARTICLE V!. UNBUNDLED NETWORK ELEMENTS
68.INTRODUCTION
68.1 This Article sets forth the terms and conditions pursuant to which CenturyLink
will furnish CLEC with access to UNEs pursuant to $251(c)(3) of the
Telecommunications Act for the provision by CLEC of a Telecommunications
Service in CenturyLink's incumbent Local Exchange areas. Notwithstanding
any other provision of this Agreement, CenturyLink shall only be obligated to
provide UNEs and UNE Combinations to CLEC to the extent required by this
Agreement and Applicable Law.
CLEC shall pay CenturyLink the 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.
lf CLEC procures any UNEs, UNE Combinations and/or other services for
which rates are not currently in this Agreement, CenturyLink then reserves
the right to charge CenturyLink's then standard rates, if any, for such UNEs,
UNE Combinations and/or other services, or to develop a rate using an
appropriate methodology, which rate shall be subject to dispute resolution, if
necessary.
Access to UNEs 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.
Subject to the terms herein, CenturyLink is responsible only for the
installation, operation and maintenance of the as-ordered UNEs it provides
pursuant to the terms of this Agreement. CenturyLink is not otherwise
responsible for any services provided by CLEC through the use of those
UNEs.
Operations Support Systems (OSS). CenturyLink will offer unbundled access
to CenturyLink's OSS to the extent technically feasible in a non-discriminatory
manner. OSS consists of pre-ordering, ordering, provisioning, maintenance
and repair, and billing functions supported by CenturyLink's databases and
information. The OSS element includes access to all Local Loop qualification
information contained in CenturyLink's databases or other records, including
information on whether a particular Local Loop is capable of providing
Advanced Services.
68.2
68.3
USE OF UNES
69.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable
Law, CenturyLink will provide CLEC with nondiscriminatory access to the
UNEs made available in accordance with the terms and conditions of this
Agreement. CenturyLink will provide access to UNEs where technically
feasible.
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68.4
68.5
68.6
69.
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69.3
69.3.3
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Subject to the terms and conditions of this Article, CLEC may order each
such UNE individually or, to the extent permitted by Applicable Law, in
Combination with other CenturyLink Network Elements or UNEs
(Combinations) in order to permit CLEC to provide Telecommunications
Services to its End Users. Except as provided elsewhere in this Agreement,
it is CLEC's obligation to combine CenturyLink provided UNEs with any and
all facilities and services whether provided by CenturyLink, CLEC, or any
other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed
access services obtained from CenturyLink as provided for in this Agreement.
UNEs provided to CLEC under the provisions of this Agreement remain the
property of CenturyLink.
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 DS1 and DS3 Loops, as described in this
Article, are listed on CenturyLink's website.
lf CLEC has any DS1 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 DSI Loops or DS3 Loops, as
identified on CenturyLink's website, such UNEs must be
immediately converted to an alternative service arrangement,
and CLEC is subject to back billing for the difference between
the UNE rate and the rates for the comparable access service
arrangements back to either the date the UNE service was
installed or the date the service became non-impaired,
whichever is shorter. lf CLEC 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
CLEC agrees to pay an appropriate non-recurring charge per
circuit for the work performed by CenturyLink on behalf of CLEC.
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 CLEC notice in accordance with
the notice provisions of this Agreement and CenturyLink
will also post such information on its website.
69.3.2
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CLEC will not order new DS1, DS3 and Dark Fiber UNE
Loopsffransport 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
designation and the dispute was resolved by the
Commission, the Parties will abide by the Commission's
decision.
CLEC must submit the necessary orders to convert any
UNEs which CenturyLink is no longer required to provide
as a result of the addition or reclassification of such Wire
Centers to an alternative service arrangement within sixty
(60) Days of the above notice date, (except for Dark Fiber
UNES which shall be subject to the transition period
specified in the following paragraph) and CLEC is subject
to back billing for the difference between the UNE rate and
the rates for the comparable Access Service arrangements
to a date which is sixty (60) Days after the date of the
notice identifying such new or reclassified Wire Centers. lf
CLEC 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 Access
Services. CenturyLink will assess, and CLEC also agrees
to pay, an appropriate non-recurring charge per circuit for
the work performed by CenturyLink on behalf of CLEC.
CLEC must begin negotiations to disconnect or convert to
an alternative service any Dark Fiber UNEs which
CenturyLink is no longer required to provide as a result of
the addition or reclassification of such Wire Centers within
sixty (60) Days of the above notice date, and CLEC shall
be subject to back billing at a rate which is applicable to
the alternative service, or if no alternative service is
arranged, then at a rate which is equal to the highest
special access dedicated transport rate available under
CenturyLink's tariffs. Should the Parties not come to
agreement on a transition plan to convert such non-
impaired Dark Fiber UNEs, CenturyLink may disconnect
such dark fiber six (6) months after the above notice date.
CLEC may use Network Elements provided under this Agreement for any
Telecommunications Service subject to the conditions listed below. By
placing an order for UNEs, CLEC certifies that these requirements are met.
69.4.1 Any combination of the following, where both are provided by
CenturyLink, are subject to the EEL use restrictions in this
Agreement. Such restrictions apply irrespective of the manner in
which the Local Loops and transport are combined.
a. high capacity Local Loops (DS1, DS3), to the extent
available, and special access transport (a commingled facility);
or
b.
d.
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69.4.2
69.4.3
b. special access channel terminations (DS1, DS3) and
Dedicated Transport (DS1, DS3), to the extent available (a
commingled facility); or
c. high capacity Local Loops (DS1, DS3) and Dedicated
Transport (DS1, DS3).
CLEC may not order or use a UNE for the exclusive provision of
Mobile Wireless Service. Facilities connecting CenturyLink's
network and CMRS carriers' networks do not qualify as UNEs
and will not be available to CLEC as UNEs. CLEC may not
order or use a UNE for the sole purpose of selling it to another
carrier for the exclusive provision of Mobile Wireless Service.
CLEC may not order or use a UNE for the exclusive provision of
lnterexchange Services, or long distance services. Facilities
connecting CenturyLink's network and lnterexchange Carriers'
networks used by the lnterexchange Carrier to provide such
services to End Users do not qualify as UNEs and will not be
available to CLEC as UNEs. CLEC may not order or use a UNEfor the sole purpose of selling it to another carrier for
lnterexchange Services.
69.4.4
69.4.5
CLEC may not order or
administrative or otherwise.
An lnformation Service is
use a UNE for CLEC's own use,
not an eligible telecommunications
70.
service except that CLEC can use unbundled Local Loops to
provide xDSL services in accordance with this Agreement.
INDIVIDUAL CASE BASIS PRICING
70.1
70.2
lndividual Case Basis (lCB) pricing will be provided by CenturyLink upon
request from CLEC for customer specific rates or terms for network services
and features for UNEs that are not othenruise provided for in this Agreement.
The BFR process in Section 52 must be followed in connection with such
requests.
CenturyLink will process ICB Pricing requests upon receipt from CLEC.
CenturyLink will provide CLEC 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.
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.
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71.2
71.3
71.4
71.5
71.6
71.7
71.8
71.9
71.10
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Under no circumstances shall CLEC connect to either side of the NID or to
the End User's lnside Wiring unless the CenturyLink network is first properly
disconnected from the End User's lnside Wiring as set forth in this Article.
Except in multi-unit tenant properties where CenturyLink owns and maintains
control over 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.
CLEC may obtain unbundled access to the NID on CenturyLink's network
side or the End User Access side on a stand-alone basis to permit CLEC to
connect its own loop facilities to the premises wiring. CLEC may not connect
to the End User Access side of the NID except as a UNE in accordance with
these terms.
CLEC may elect to disconnect CenturyLink's Local Loop from the NID on the
Customer Access side of the NlD, but CLEC shall not perform any disconnect
on the network side of the NlD. CenturyLink, at the request of CLEC, will
disconnect the Centurylink Local Loop from the NID or will arrange access to
the network side of the NID for any purpose. The charges reflected in Table
1 will apply to any CenturyLink dispatch for any purpose initiated at CLEC's
request.
CLEC shall maintain a connection to ground on its network that meets
applicable industry standards. ln the case of a NID-to-NlD connection, each
Party shall ground its NID independently of the other party's NlD.
With respect to multiple dwelling units or multiple-unit business premises,
CLEC shall have the option of connecting directly with the End User's
premises wire, or may connect with the End User's premises wire via
CenturyLink's NlD. CenturyLink will provide CLEC with information that will
enable its technician to locate End User premises wiring at NlDs that
terminate multiple subscribers. CenturyLink will dispatch a technician and tag
the wiring at CLEC's request.
Any repairs, upgrade and/or rearrangements to the NID requested or required
by CLEC will be performed by CenturyLink based on the Stand Alone NID
Charges set out in Table 1.
CenturyLink will make available to CLEC any existing installed NID at the
time CLEC seeks lnterconnections to such NID to serve an End User.
CenturyLink shall be under no obligation to install a new NID in order to
enable CLEC to interconnect to such NlD.
CLEC shall not access, remove, disconnect or in any other way rearrange
CenturyLink's loop facilities from CenturyLink's NlDs, enclosures or
protectors. CLEC shall not attach to, remove or disconnect ground wires
from CenturyLink's NlDs, enclosures or protectors. CLEC shall not remove
or disconnect NID modules, protectors or terminals from CenturyLink's NID
enclosures.
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71.11
71.12
71.13
LOOP
72.1
72.1.2
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CLEC 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 CLEC'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 CLEC 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.
CLEC may request any additional types of access to the NID not specifically
referenced above. CenturyLink will consider the requested type of access via
the BFR process set forth in this Agreement.
CLEC shall be liable to CenturyLink for any damage to a CenturyLink NID
caused by improper or unauthorized use of CenturyLink's NID by CLEC. ln
addition to any monetary damages that CenturyLink may be entitled to
recover as a result of such damages, CenturyLink shall also be entitled to
seek injunctive relief to prevent further NID damages. Such damages may
include but are not limited to dispatch charges, NID replacement costs and
network reconnections and repairs.
Subject to Section 72 and its subsections, CenturyLink will provide CLEC
access to UNE Loops under the following terms and conditions. Rates and
charges applicable to UNE Loops are set forth in Table 1. To the extent
required by Applicable Law, CenturyLink will make available the UNE Local
Loops set forth below between a distribution frame (or its equivalent) in a
CenturyLink Central Office and the Local Loop Demarcation Point at an End
User's premises. The UNE Local Loop will include any existing NlD. The
Parties acknowledge and agree that CenturyLink shall not be obligated to
provision any of the UNE Local loops provided for herein to cellular sites or
any location that does not constitute an End User premises. Subject to the
restrictions of Section 72.11.2, UNE Loops includes all wire within multiple
dwelling and tenant buildings and campuses that provides access to End
User premises wiring, provided such wire is owned and controlled by
CenturyLink.
72.1.1
72.
The Local Loop UNE includes, but is not limited to, copper UNE
Loops (2-wire and 4-wire analog voice grade Copper Loops, and
digital Copper UNE Loops), and, to the extent required by
Applicable Law, DS1 Loops and DS3 Loops, where such Loops
are deployed in CenturyLink Wire Centers. CLEC agrees to
operate each UNE Loop type within applicable technical
standards and parameters.
Terms and conditions for making any network modifications
resulting from CLEC's request for Local Loops, including
replacement or upgrade of any existing NlD, are contained in
Section 80.
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72.1.3 Loop Conditioning. Conditioned loops are Local Loops from
which excessive bridge taps, load coils, low-pass filters, range
extenders, and similar devices have been removed to enable the
delivery of high-speed switched wireline telecommunications
capability, including DSL. CenturyLink will condition Local
Loops at CLEC's request and will assess charges for loop
conditioning in accordance with the prices listed in Table 1.
CenturyLink recommends that CLEC utilize the Loop Make-Up
process in Section 74 prior to submitting orders for loops
intended for Advanced Services,
Tag and Label. At CLEC's request, CenturyLink will tag and
label unbundled Local Loops at the Network lnterface Device
(NlD). Tag and label may be ordered simultaneously with the
ordering of the Loop or as a separate service subsequent to the
ordering of the Loop.
CenturyLink will include the following information on the
label: order number, due date, CLEC name, and the circuit
number.
CLEC must specify on the order form whether each Loop
should be tagged and labeled.
The rates for Loop tag and label and related services are
set forth on Table 1. A trip charge may be billed in addition
to the Tag and Label charges.
72.2 Loop Testing. At CLEC's request, and if Technically Feasible, CenturyLink
will test and report trouble on conditioned loops for all of the line's features,
functions, and capabilities, and will not restrict its testing to voice-
transmission only. To the extent CLEC requests testing that would require
CenturyLink to purchase new equipment, establish new procedures, or make
systems modifications, CLEC will compensate CenturyLink for costs incurred
to provide such testing. Request for additional testing must be submitted
pursuant to the BFR Process in Article lV.
72.2.1 CLEC agrees to follow the process and procedures for reporting
and resolving circuit trouble or repairs set forth in the Standard
Practices published on the CenturyLink Website. Before
contacting CenturyLink's Trouble Maintenance Center (CTMC),
CLEC must first conduct trouble isolation to ensure that the
trouble does not originate from CLEC's own equipment or
network or the equipment of CLEC's customer.
Testing shall include Basic Testing, Optional Cooperative
Testing and Joint Testing. Optional Cooperative Testing and
Joint Testing are performed only at CLEC's request and at
CLEC's cost.
Basic Testing shall include simple metallic measurements only.
Basic Testing does not include cooperative or joint testing efforts
that require CenturyLink's technician to work jointly with CLEC.
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72.1.4
72.2.2
72.2.3
c.
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72.3
72.4
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72.2.4 Cooperative Testing is provided on Service Order activity only
and will be provided by CenturyLink at CLEC's expense. Loops
involving multiplexing, and IDSL Loops or Subloops that are
provisioned through repeaters or digital loop carriers, prohibit the
reading of a short or open circuit.
72.2.5 Joint Testing is provided at CLEC's request on maintenance
activity only and will be provided by CenturyLink at CLEC's
expense. Loops involving multiplexing, and IDSL Loops or
Subloops that are provisioned through repeaters or digital loop
carriers, prohibit the reading of a short or open circuit.
72.2.6 For either Cooperative Testing or Joint Testing, CenturyLink
technicians will try to contact CLEC's representative to initiate
Joint Testing after completing the requested activity. lf CLEC
does not respond within three (3) minutes, CenturyLink may, in
its sole discretion, continue its attempts to contact CLEC's
representative, and bill CLEC in increments of fifteen (15)
minutes for the technician's time for so long as such efforts
continue, or CenturyLink may abandon the test and CLEC will
be charged for the test and any additional technician time
involved (beyond the initial 3 minutes) at the rates set forth in
Table 1.
72.2J CenturyLink will charge CLEC at the rates set forth on Table 1,
when the location of the trouble on a CLEC-reported ticket is
determined to be in CLEC's network or on the CLEC End User's
side of the Demarcation Point.
Analog Loops. The following types of analog Local Loop UNEs will be
provided at the rates, terms, and conditions set out in this Article and in Table
1.
72.3.1 2-Wire Analog Loop. A "2-Wire Analog Loop" is a transmission
facility which supports analog voice frequency, voice band
services with loop start or ground start signaling within the
frequency spectrum of approximately 300 Hz and 3000 Hz.
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.
xDSL Loops
72.4.1 Pursuant to the terms and conditions contained in this Article,
CLEC may order xDSL-capable loops and/or line conditioning
for Copper Loops in order to render such loops capable of
transmitting the digital signals needed to provide Digital
Subscriber Line services (DSL).
72.4.2 Upon request, Centurylink shall provide to CLEC.
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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 CLEC's
provision of Advanced Services, together with the specific
reason for the rejection; and
c. information with respect to the number of loops using
Advanced Services technology within the binder and type
of technology deployed on those loops.
72.4.3 When CLEC orders an xDSL Loop or Digital Subloop that will be
used to provide xDSL service, CLEC will use the applicable
ordering code where one has been provided by CenturyLink.
Where an applicable ordering code has not been provided by
CenturyLink, CLEC will note that the loop or subloop will be
used to provide an xDSL service in the "Remarks" section of the
Local Service Request (LSR). ln connection with the provision
of Advanced Services, CLEC shall provide to CenturyLink the
following information on the type of technology that CLEC seeks
to deploy.
a. information in writing (via the Service Order) regarding the
Spectrum Management Class (SMC), as defined in the
T1E1.412000-002R2 Draft, of the desired loop so that the
loop and/or binder group may be engineered to meet the
a pp ropriate spectrum com pati b i I ity req u irements ;
b. the SMC (i.e., PSD mask) of the service it seeks to deploy,
at the time of ordering and if CLEC requires a change in
the SMC of a particular loop, CLEC shall notify
CenturyLink in writing of the requested change in SMC (via
a Service Order).
c. to the extent not previously provided CLEC must disclose
to CenturyLink every SMC that CLEC has implemented on
CenturyLink's facilities to permit effective Spectrum
Management.
d. Where CLEC relies on a calculation-based approach to
support deployment of a particular technology, CLEC must
provide CenturyLink with information on the speed and
power at which the signal will be transmitted.
72.5 Reverse ADSL Loops. lf CLEC's ADSL Transmission Unit (including those
integrated into DSLAMS) is attached to CenturyLink's Network and if an
ADSL Copper Loop should start at an outside location, and is looped through
a Host or Remote, and then to the subscriber, the copper plant from the
outside location to the CenturyLink Host or Remote central office must be a
facility dedicated to ADSL transmission only and not part of CenturyLink's
regular feeder or distribution plant.
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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 Table1: On digital Loops, CenturyLink will only provide testing for electrical
continuity and line balance.
72.6.1 2-Wire Digital Loop. A "2-Wire Digital UNE Loop" is a
transmission facility which supports Basic Rate ISDN (BRl)
digital exchange services. The 2-Wire Digital Loop will be
provisioned in accordance with industry standards.
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 lo 72.8 below.
DS3 UNE Loop provides a digital transmission facility from a
CenturyLink Central Office to an End User's premises and
having bandwidth up to 45 Mbps. DS3 UNE Loops will be
offered and/or provided pursuant to72.9 below.
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.
72.6.2
72.6.3
72.7 Non-Standard Digital Loops. lf CLEC requests a digital Loop, for which the
effective loop length exceeds the xDSL standard of 18 kft (subject to gauge
design used in an area), CenturyLink will only provide a Non-Standard Digital
Loop. Additional non-recurring charges for conditioning will apply. Non-
Standard Digital Loops will not be subject to performance measurements or
technical specifications, however, all of the SMC requirements set forth in this
Section 72 are applicable.
72.8 DSI Loops
72.8.1
72.6.4
72.8.2
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Subject to the cap in Section 72.8.2, CenturyLink will provide
CLEC nondiscriminatory access to a DS1 Loop on an unbundled
basis to any building not served by a Wire Center with at least
60,000 Business Lines and at least four Fiber-based
Collocators. Once a Wire Center exceeds both of these
thresholds, no DS1 Loop unbundling will be required in that Wire
Center and CLEC agrees to cease ordering DS1 UNE Loops in
that Wire Center.
ln Wire Centers not listed on CenturyLink's website, CLEC shall
not be entitled to obtain more than ten (10) DSI UNE Loops to
any single building. Accordingly, CLEC will cease ordering DSI
UNE Loops once CLEC has obtained ten (10) DSI UNE loops at
any single building.
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72.9 DS3 Loops
72.9.1
72.9.2
72.10
72.11.2
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72.8.3 Where CenturyLink is not required to provide DS1 UNE Loops
pursuant to Sections 72.8.1 and 72.8.2, CLEC may not obtain
new DSl loops as UNEs, and any DS1 UNE Loops in excess of
the limits described in this Section may be converted by
CenturyLink to Special Access.
Subject to the cap described in Section72.9.2, CenturyLink shall
provide CLEC with nondiscriminatory access to a DS3 UNE
Loop to any building not served by a Wire Center with at least
38,000 Business Lines and at least four Fiber-based
Collocators. Once a Wire Center exceeds both of these
thresholds, no future DS3 loop unbundling will be required in
that Wire Center and CLEC 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.
ln Wire Centers not listed on CenturyLink's website, CLEC may
obtain a maximum of one (1) unbundled DS3 loop to any single
building in which DS3 loops are available as unbundled Local
Loops. Accordingly, CLEC will cease ordering DS3 UNE Loops
once CLEC has obtained one DS3 UNE loop at any single
building.
Hybrid Loops. CenturyLink will provide CLEC access to Hybrid Loops for the
provision of narrowband services as provided below.
72.10.1 When CLEC requests access to a Hybrid Loop for the provision
of narrowband services, CenturyLink may elect to provide CLEC
nondiscriminatory access either to an entire Hybrid Loop
capable of voice grade services (i.e., equivalent to DSO
capacity) using time division multiplexing, or to a spare Copper
Loop serving that customer on an unbundled basis. CenturyLink
shall not be required to provide CLEC unbundled access to the
Packet Switched features, functions and capabilities of a Hybrid
Loop.
72.11 FTTH and FTTC Loops
72.11.1 New builds. CenturyLink will not provide CLEC with non-
discriminatory access to a FTTH or FTTC loop on an unbundled
basis when CenturyLink deploys such loop to an End User's
premises that previously has not been served by any loop
facility.
Overbuilds. CenturyLink will not provide CLEC non-
discriminatory access to a FTTH or FTTC loop on an unbundled
basis when CenturyLink has deployed such a loop in parallel to,
or in replacement of, an existing Copper Loop facility, except
that:
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72.12
72.13
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a. CenturyLink will maintain the existing Copper Loop
connected to the particular End User's premises after
deploying the FTTH or FTTC loop and provide CLEC non-
discriminatory access to that copper loop on an unbundled
basis, unless CenturyLink retires the Copper Loop
pursuant to 47 C.F.R. S51.319 (aX3Xiv). CenturyLink is
not required to incur any expenses to ensure that the
existing Copper Loop remains capable of transmitting
signals prior to receiving a request from CLEC for such
loop. Once a request for the loop is received, CenturyLink
will restore the copper loop to serviceable condition based
upon CLEC's request and at CLEC's expense.
b. lf CenturyLink retires a Copper Loop pursuant to 47 C.F.R.
551.319 (a)(3)(iv), CenturyLink will provide CLEC non-
discriminatory access to one 64 kilobits per second
transmission path capable of voice grade service over the
FTTH or FTTC loop on an unbundled basis.
Dark Fiber Loops. CenturyLink is not required to provide CLEC with access
to Dark Fiber Loops on an unbundled basis.
Sub-Loops. A subloop is defined as a portion of the full Local Loop that is
technically feasible to access at an access terminal on CenturyLink's outside
transmission facilities. An access terminal is any point on the loop where
technicians can access the wire or fiber within a cable without removing the
splice case or outer sheath (e.9., accessed via screw posts, terminals, patch
panels). To the extent they meet the above definition, such points may
include a pole or drop pedestal, the serving area interface, or the network
interface device, Available subloops are:
72.13.1 Feeder: a transmission path between the MDF in any type of
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.
7213.3 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.
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72.13.4 CenturyLink will consider all requests for access to subloops
through the collocation application process due to the wide
variety of lnterconnections available. A written response will be
provided to CLEC covering the lnterconnection time intervals,
prices and other information through the use of the collocation
application process.
72.13.5 Except as may otherwise be expressly provided under
Applicable Law, CenturyLink shall not be required to provide
CLEC 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
CLEC'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 CLEC with access to
copper sub-loops on an unbundled basis. A copper subloop is a
portion of a Copper Loop, or Hybrid Loop, and is comprised
entirely of copper wire or copper cable. A copper subloop can
also include intermediate devices, such as repeaters, used to
establish the transmission path. Copper subloops can be used
by CLEC to provide voice-grade services as well as digital
subscriber line services.
72.13.8 Fiber Subloops. On a route where CenturyLink is required by
law to provide CLEC with non-discriminatory access to a FTTH
or FTTC loop, CLEC may also request a subloop consisting of a
single 64 kilobits per second transmission path capable of voice
grade service over the FTTH or FTTC loop.
72.13.9 Deployment of Advanced Services by CLEC over subloops will
be in accordance with the terms included in Section 72.4.3.
73. INTENTIONALLY LEFT BLANK
74. LOOP MAKE.UP INFORMATION
74.1
74.2
74.3
At the request of CLEC, CenturyLink will provide CLEC with
nondiscriminatory access to its Loop Make-Up lnformation as it exists in
CenturyLink database and records. The charges for Loop Make-Up
lnformation are set forth in Table 1 to this Agreement.
CenturyLink shall provide Loop Make-Up lnformation based on the individual
telephone number or address of an End User in a particular Wire Center or
NXX code. Loop Make-Up lnformation requests will be rejected if the service
address is not found within existing serving address information, if the
telephone number provided is not a working number or if the POI identified is
not a POI where the requesting CLEC connects to the CenturyLink LTD
network.
Errors identified in validation of the Loop Make-Up lnformation inquiry order
will be returned to CLEC.
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74.4
CLEC will pay a Trouble lsolation Charge to determine the
cause of the failure;
lf Centurylink undertakes Loop Make-Up lnformation activity to
determine the reason for such failure, CLEC will pay a Loop
Make-Up lnformation Charge; and
lf CenturyLink undertakes Conditioning activity for a particular
loop to provide for the successful installation of Advanced
Services, CLEC will pay applicable conditioning charges. All
charges will be as set forth in Tablel.
75.LOCAL CIRCUIT SWITCHING
75.1 CenturyLink is not required to provide access to local circuit switching on an
unbundled basis.
DEDICATED TRANSPORT
76.1 CenturyLink shall provide CLEC with nondiscriminatory access to Dedicated
Transport on an unbundled basis, as set forth in this Agreement.
76.1.1 Subject to the limitations set forth in Sections 76.3 and 76.4,
UNE Dedicated Transport will be provided only where such
facilities are Currently Available at the time of CLEC's request,
and only over routes where CenturyLink is required to make
UNE Dedicated Transport available pursuant to Applicable Law.
Notwithstanding any other provision of this Agreement,
CenturyLink is not obligated to provide CLEC with unbundled
access to Dedicated Transport that does not connect a pair of
CenturyLink's Wire Centers.
76.1.2
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 CLEC's designated traffic.
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. CLEC may obtain a maximum of ten
(10) DS1 Dedicated Transport circuits on each route where DS1 Dedicated
Transport is available on an unbundled basis.
76.3
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74.5
CenturyLink may provide the requested Loop Make-Up lnformation to CLECin whatever manner CenturyLink would provide to their own internal
personnel, without jeopardizing the integrity of proprietary information (i.e.,
fax, intranet inquiry, document delivery, etc.). lf the data is provided via fax,
CLEC must provide a unique fax number used solely for the receipt of Loop
Make-Up lnformation.
lf CLEC does not order Loop Make-Up lnformation prior to placing an order
for a loop for the purpose of provisioning of an advanced service and the
advanced service cannot be successfully implemented on that loop, CLEC
agrees that:
74.5.1
74.5.2
74.5.3
76.
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76.3.1 Where CenturyLink is not required to provide DS1 Dedicated
Transport pursuant to Sections 69 and 76, CLEC may not obtain
new DS1 Dedicated Transport as unbundled Network Elements.
76.4 DS3 Dedicated Transport. DS3 Dedicated Transport shall be made available
to CLEC on an unbundled basis as set forth below. DS3 Dedicated Transport
consists of CenturyLink interoffice transmission facilities that have a total
digital signal speed of 44.736Mbps and are dedicated to a particular
customer or carrier.
76.4.1 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. CLEC may obtain a
maximum of twelve ('12) unbundled DS3 Dedicated Transport
circuits on each route where DS3 Dedicated Transport is
available on an unbundled basis.
76.4.2 Where CenturyLink is not required to provide DS3 Dedicated
Transport pursuant to Sections 69 and 76, CLEC may not obtain
new DS3 Dedicated Transport.
76.4.3 Any DS3 Dedicated Transport service provided to CLEC 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 CLEC 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 CLEC, and CLEC agrees to pay the charges and
fees assessed.
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.
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.
Centurylink shall unbundle Dark Fiber Transport only when either
CenturyLink Wire Center defining the route is a Tier 3 Wire Center.
77.3.1 Where CenturyLink is not required to provide unbundled Dark
Fiber Transport, CLEC may not obtain new Dark Fiber Transport
as a UNE.
77.2
77.3
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77.3.2 Maintenance and Testing
CenturyLink is only responsible for maintaining the facilities
that it owns. Dark Fiber will be provided as is. No
conditioning will be offered, and CenturyLink will not be
required to condition Dark Fiber on CLEC's behalf.
CenturyLink is not responsible for determining whether the
transmission characteristics of the Dark Fiber will
accommodate CLEC requirements.
CenturyLink does not guarantee that the transmission
characteristics of the Dark Fiber will remain unchanged
over time. CenturyLink agrees to conduct cooperative
testing with CLEC at CLECs request and cost. Cost for the
tests will be determined at the time of the testing request.
77.3.3 Dark Fiber Availability
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 are 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
a. Virtual and Physical Collocation arrangements may be
used by CLEC to locate the optical equipment necessary
to "light" leased Dark Fiber. On routes where CenturyLink
is required to unbundle Dark Fiber Transport pursuant to
Section 77.3, CenturyLink will only provide CLEC access
to such Dark Fiber Transport where CLEC has Collocation
space, leased as provided in Article lX, in each
Centurylink Central Office or Wire Center where the
requested Dark Fiber Transport fiber(s) terminates.
a.
b.
c.
a.
b.
d.
6
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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, CLEC must submit an BFR for the purchase and
installation of intraoffice cabling.
Establishment of applicable fiber optical equipment or
intermediate repeaters needed to power the unbundled
Dark Fiber Transport in order to carry Telecommunications
Services is the responsibility of CLEC.
77.3.5 Dark Fiber Transport Application and Ordering Procedure
a. CLEC will submit a Dark Fiber Application (DFA) and
application fee to request that CenturyLink determine the
availability of Dark Fiber Transport between the CLEC-
specified locations. The application fee noted on Table 1
will be charged to CLEC for each application submitted by
CLEC.
b. lf Dark Fiber Transport is not available, CenturyLink will
notify CLEC of the DFA rejection. lf CLEC contests the
rejection, CLEC will follow the Dispute Resolution Process
provided in this Agreement.
c. lf Dark Fiber Transport is available, CLEC will notify
CenturyLink of acceptance/rejection of Dark Fiber
Transport quote, via a firm order, within ten (10) Business
Days of receipt of quote. CLEC will submit a firm order for
Dark Fiber Transport via an ASR.
f.
CenturyLink will reserve the requested Dark Fiber
Transport for CLEC during these ten (10) Business Days.
lf CLEC does not submit a firm order by the tenth (10th)
Business Day, the requested Dark Fiber Transport will no
longer be reserved. Thereafter, CLEC must submit
another DFA and application fee.
By submitting the Dark Fiber firm order, CLEC agrees to
pay quoted monthly recurring and non-recurring charges.
See Table 1 for monthly recurring and non-recurring
charges.
Billing of the monthly recurring and non-recurring charges
will begin upon completion by CenturyLink of the Dark
Fiber Transport order.
d.
d.
e.
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78.UNE COMBINATIONS
78.1
78.2
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g. lf CLEC cancels firm order before the established due
date, CLEC agrees to reimburse CenturyLink for all costs
incurred by CenturyLink related to the DFA and the firm
order.
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 CLEC the right to use the
Dark Fiber, whether or not CLEC is utilizing the Dark Fiber.
b. Centurylink will provide CLEC six (6) months written
notice of its intention to reclaim Dark Fiber.
c. CenturyLink will provide CLEC with alternative transport
options and costs when Centurylink reclaims Dark Fiber.
d. The Dispute Resolution Procedures found in this
Agreement will be followed if CLEC contests CenturyLink's
decision to reclaim Dark Fiber.
Subject to Applicable Law and the terms and conditions in this Section,
CenturyLink will make available to CLEC Enhanced Extended Links (EELs)
and other forms of UNE Combinations.
General Terms and Conditions
78.2.1 Upon CLEC's request, and subject to Section 78.2.3,
CenturyLink will provide UNEs in a manner that allows CLEC to
combine such Unbundled Network Elements in order to provide
a Telecommunications Service to its End Users.
78.2.2 CenturyLink shall not separate UNEs requested by CLEC that
CenturyLink currently combines in its network to provide local
service. CenturyLink will provide CLEC access to UNE
Combinations that CenturyLink ordinarily combines in its
network without requiring CLEC to submit a BFR. CLEC must
submit a BFR for UNE Combinations not considered "ordinarily
combined," including those that: (1) CenturyLink does not
provide services using such a Combination of Network
Elements; or (2) CenturyLink does provide services using such
Combination but such provisioning is extraordinary (i.e., a limited
Combination of Network Elements created in order to provide
service to a customer under a unique and nonrecurring set of
circumstances).
78.2.3 Upon CLEC's request, CenturyLink will perform the functions
necessary to combine the UNEs requested by CLEC, provided
that such combination:
a. is technically feasible, including that network reliability and
security would not be impaired;
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78.2.4
78.2.5
78.2.6
78.2.7
78.2.8
78.2.9
78.3 Commingling
78.3.1
78.3.2
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b. would not impair the ability of other carriers to obtain
access to other unbundled Network Elements or to
interconnect with CenturyLink's network;
c. does not impair CenturyLink's ability to retain responsibility
for the management, control and performance of its
network, or place CenturyLink at a disadvantage in
operating its own network.
Any request by CLEC that CenturyLink provide combined UNEs
that are not otherwise specifically provided for under this
Agreement will be made in accordance with the BFR process
described in Section 52.
CLEC will compensate Centurylink for the costs of work
performed to combine the requested UNEs pursuant to the rates
in Table 1 or as agreed upon in the BFR process under Section
52.
The provisioning of combinations, including EEL, is limited to
existing facilities and CenturyLink is not obligated to construct
additionalfacilities to accommodate any request by CLEC.
ln the event that CenturyLink denies a request to perform the
functions necessary to combine UNEs or to perform the
functions necessary to combine UNEs with another service or
Network Elements possessed by CLEC, CenturyLink shall
provide written notice to CLEC of such denial and the basis
thereof.
Upon request, CenturyLink will convert a Tariffed service or
group of services, to the equivalent UNE/UNE combination that
is available to CLEC pursuant to this Section, or will convert a
UNE/UNE combination to the equivalent Tariffed service(s)
(collectively "Conversion). CenturyLink will charge, and CLEC
agrees to pay, applicable non-recurring Service Order charges
and conversion rates included in this agreement and/or in the
Tariff.
A Conversion will be considered a termination for purposes of
any volume and/or term commitments or Grandfathered status
between CLEC and CenturyLink.
For the purpose of this Section, Wholesale Services includes
both services CLEC procures for resale pursuant to $251(c)(a)and Exchange Access service purchased from CenturyLink's
access Tariffs.
Subject to other applicable provisions of this Agreement
including prohibitions and restrictions, CenturyLink shall permit
CLEC to Commingle a UNE or a Combination of UNEs with
facilities or services obtained at wholesale from CenturyLink to
the extent required by Applicable Law.
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78.3.3
78.3.4
78.3.5
78.4 Specific Combinations - EELs
78.4.1
78.4.2
78.4.3
78.4.4
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All requests for Commingling or a Commingled Arrangement
shall be made by CLEC in accordance with the BFR process.
CenturyLink shall charge CLEC the non-recurring and recurring
rates applicable to the UNEs, facilities or services that CLEC
has obtained at wholesale from CenturyLink. lf any
Commingling requested by CLEC requires physical work to be
performed by CenturyLink, CenturyLink shall charge CLEC, as
noted on the BFR Quote.
Each component of the commingled facility, either UNE or
Wholesale Service, will be billed at the UNE or Wholesale
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.
ln order to facilitate the provisioning of EELs, CenturyLink shall
support the ordering and provisioning of this specific
combination as set forth below.
Where required under Applicable Law, CenturyLink will offer the
combination of unbundled Local Loops with unbundled
Dedicated Transport. CenturyLink will provide EELs at the
applicable recurring and non-recurring charges as specified in
Table 1 for Loops, Dedicated Transport, and where applicable,
Multiplexing. Recurring and nonrecurring charges, including but
not limited to cross connect charges and Service Order
Charges, will apply. CenturyLink will cross-connect unbundled
2- or 4-wire analog or 2- or 4-wire digital Loops to unbundled
voice grade DS1 or DS3 Dedicated Transport facilities for
CLEC's provision of circuit switched telephone exchange service
to CLEC's End Users.
Multiplexing shall be provided as necessary as part of Dedicated
Transport at the rates shown in Table 1.
ln order to obtain the EEL combinations below, CLEC must
provide certification that it satisfies the service eligibility criteria
for each circuit as set forth below. CLEC must continue to be in
compliance with the service eligibility criteria for as long as
CLEC continues to receive the services in this Section.
CenturyLink will offer the following EEL Combinations:
an unbundled DS1 loop in Combination, or Commingled,
with a DSl 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;
a.
b.
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c. an unbundled DSI Dedicated Transport facility in
Combination, or Commingled, with an unbundled DS1 loop
or a DS1 channeltermination service;
d. an unbundled DS3 Dedicated Transport facility in
Combination, or Commingled, with an unbundled DSI loop
or a DS1 channeltermination service
e. an unbundled DS3 loop or DS3 or higher channel
termination service.
78.4.5 EEL Eligibility Criteria
a. CLEC must have State certification to provide local voice
service in the area being served by the EEL or, in the
absence of a State certification requirement, CLEC must
have complied with registration, taritfing, filing fee, or other
regulatory requirements applicable to the provision of local
voice service in the area served by the EEL;
b. At the time of ordering and continually for the period in
service, the following criteria must be satisfied for each
combined circuit, including each DS1 circuit, each DS1
EEL, and each DS1-equivalent circuit on a DS3 EEL;
1. Each circuit to be provided to each CLEC
customer, including each DSI and each DS1-
equivalent on a DS3 EEL, must be assigned one
local number prior to the provision of service over
the circuit;
2. Each DS1-equivalent circuit on a DS3 EEL or on
any other High-Capacity EEL must have its own
local telephone number assignment, so that each
DS3 circuit has at least 28 local voice telephone
numbers assigned to it;
3. Each circuit to be provided by CLEC to each End
User will have 911 or E911 capability prior to the
provision of service over that circuit;
4. Each circuit to be provided to each End User must
terminate into a collocation that meets one of the
following requirements;
a. a collocation established pursuant to
$251(c)(6) of the Act and located at
CenturyLink's Premises within the same
LATA as the CLEC's End User's premises,
when CenturyLink is not the collocator;
b. CLEC's Collocation arrangement cannot be
located at an lnterexchange Carrier Point of
Presence (POP) or an lnternet Service
Provider (lSP) POP; or
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a collocation located at a third party's
premises within the same LATA as the
CLEC's End User's premises, when
CenturyLink is the collocator.
5. For each twenty-four (24) DS1 EELs or other
facilities having equivalent capacity, CLEC must
maintain at least one active DS1 local service
lnterconnection Trunk and CLEC is required to
transmit the calling party's number in connection
with calls exchanged over each trunk. Where CLEC
does not establish an lnterconnection arrangement
with CenturyLink for the meaningful exchange of
Local Traffic that flows in both directions, such
lnterconnection arrangement shall not satisfy this
criteria, and
6. Each circuit to be provided to each End User will be
served by a switch capable of switching local voice
traffic.
78.5 Audits. ln addition to any other audit rights provided for in this Agreement
and those allowed by Applicable Law, CenturyLink may obtain an
independent auditor to audit CLEC, on an annual basis, to determine CLEC's
compliance with the conditions set out in this Section. For purposes of
calculating and applying an "annual basis," it means a consecutive twelve
(12) month period, beginning upon CenturyLink's written notice that an audit
will be performed.
78.5.1 Should the independent auditor's report conclude that CLEC
failed to comply in any material respects with the Eligibility
Requirements of this Section, CLEC must submit orders to
CenturyLink to either convert all non-compliant circuits to the
appropriate service or disconnect non-compliant circuits.
Conversion and disconnect orders shall be submitted within
thirty (30) Days of the date on which CLEC receives a copy of
the auditor's report or othenrvise discovers or is notified that a
circuit does not meet the Eligibility Requirements. Should CLEC
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 CLEC.
CLEC must make accurate payments after the conversion
orders are processed, and must true-up any difference in
payments paid to CenturyLink with the appropriate Tariffed rates
and charges CLEC would have owed CenturyLink beginning
from the later of the date the non-compliant circuit was
established as a UNE or Combination, in whole or in part, or the
beginning of the Audit period.
CLEC also is responsible for paying all non-recurring charges
associated with any disconnects or conversions, whether
initiated by CLEC or CenturyLink pursuant to this provision.
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78.5.2
78.5.3
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78.5.4 ln no event shall rates set under S252(dX1) apply for the use of
any UNE for any period in which CLEC does not meet the
service Eligibility Requirements and conditions set forth in this
Article for that UNE combination, arrangement, or circuit, as the
case may be.
78.5.5 To the extent that the independent auditor's report concludes
that CLEC failed to comply in all material respects with the
service Eligibility Requirements, CLEC shall reimburse
CenturyLink for the actual cost of the independent auditor's work
performed in auditing CLEC's compliance with the service
Eligibility Requirements and for CenturyLink's necessary and
reasonable internal costs incurred conducting the audit.
78.5.6 CLEC will maintain the appropriate documentation to support its
eligibility certifications, including, without limitation, call detail
records, local telephone number assignment documentation,
and switch assignment documentation. CLEC will maintain this
documentation for the Term of the Agreement plus a period of
one (1) year.
79. LINE SPLITTING
79.1
79.2
Line Splitting is an arrangement between two CLECs where one CLEC
provides the voice services and another CLEC provides Advanced Services
over an UNE Loop. One of the CLECs will order the UNE Loop and split the
loop spectrum in the CLEC's collocation space.
Whenever CLEC's OCN is used to order the UNE Loop, CLEC shall control
the entire loop spectrum. CenturyLink will bill the entire charges for the UNE
Loop and any other ordered services to CLEC.
ROUTINE NETWORK MODIFICATIONS TO CENTURYLINK'S EXISTING NETWORK
80.1 At CLEC's request CenturyLink shall make Routine Network Modifications to
UNE Loop or Dedicated Transport facilities used by CLEC where the
requested UNE facility has already been constructed. CenturyLink shall
perform Routine Network Modifications to UNE facilities in a
nondiscriminatory fashion, without regard to whether the UNE facility being
accessed was constructed on behalf, or in accordance with the specifications,
of any carrier.
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.
80.2
80.
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80.3
80.4
80.5
80.6
80.7
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Routine Network Modifications do not include: the construction of a new UNE
Loop or Dedicated Transport; installation of new aerial or buried cable;
splicing cable at any location other than an existing splice point or at any
location where a splice enclosure is not already present; securing permits,
rights-of-way, or building access arrangements; constructing and/or placing
new manholes, handholds, poles, ducts or conduits; installing new terminals
or terminal enclosures (e.9., controlled environmental vaults, huts, or
cabinets); providing new space or power for requesting carriers; or removing
or reconfiguring packetized transmission facility. CenturyLink is not obligated
to perform these and other similar activities for CLEC.
CenturyLink will determine whether and how to perform Routine Network
Modifications using the same network or outside plant engineering principles
that would be applied in providing service to CenturyLink's End User.
lf CLEC requests one or more unbundled Local Loops serviced by lntegrated
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 CLEC of
the lack of available facilities.
CenturyLink will provide Routine Network Modifications based on the terms
and conditions set out in this Article, at the prices in Table 1 or on
CenturyLink's BFR price quote. The Parties agree that the routine Network
Modifications for which CenturyLink is not recovering costs in existing
recurring and non-recurring charges, and for which costs will be imposed on
CLECs as an ICB include, but are not limited to: adding an equipment case;
adding a doubler or repeater including associated line card(s); installing a
repeater shelf and any other necessary work and parts associated with a
repeater shelf; and where applicable, deploying multiplexing equipment, to
the extent such equipment is not present on the UNE Loop or Dedicated
Transport facility when ordered.
CenturyLink is not obligated to build TDM capability into new packet-based
networks or into existing packet-based networks that never had TDM
capability. This includes packet-based networks that incorporate a packet to
TDM format translation to connect to End User-provided equipment.
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ARTICLE VI!. RESALE
81. LOCAL TELECOMMUNICATIONS SERVICES PROVIDED FOR RESALE
81.1
81.2
81.3
81.4
81.5
All services made available by CenturyLink, which are to be offered for resale
pursuant to the Act, are subject to the terms and conditions herein, the
applicable general terms and conditions in Article ll, and Applicable Law.
CenturyLink will make available to CLEC for resale to End Users any local
Telecommunications Services that CenturyLink currently offers, or may offer
hereafter, on a retail basis to subscribers that are not Telecommunications
Carriers, including such services as are made available by CenturyLink to its
retail End Users via its applicable local retail Tariff (hereinafter, "resold
services"). Terms, conditions, and use limitations for CLEC shall be in Parity
with services offered by CenturyLink to its End Users. The list of services
described herein which CenturyLink shall make available to CLEC for resale
pursuant to this Agreement is neither all inclusive nor exclusive.
Resale services are available where facilities currently exist and are capable
of providing such services without construction of additional facilities or
enhancement of existing facilities. However, if CLEC requests that facilities
be constructed or enhanced to provide services for resale, CenturyLink will
construct facilities to the extent necessary to satisfy its obligations to provide
basic Telephone Exchange Service as set forth in CenturyLink retail Tariffs,
catalogs, price lists, or other retail Telecommunications Services offerings
and Commission rules. Under such circumstances, CenturyLink will develop
and provide to CLEC a price quote for the facilities construction.
Construction charges associated with resold services will be applied in the
same manner that construction charges apply to CenturyLink retail End
Users. lf the price quote is accepted by CLEC, CLEC will be billed the
quoted price and construction will commence after receipt of payment.
Except as otherwise agreed to in writing by CenturyLink, CenturyLink shall
not be responsible for the installation, inspection, maintenance, repair or
removal, of facilities, equipment, software, or wiring provided by CLEC or
CLEC's End Users for use with any resold services.
CenturyLink and its suppliers shall retain all rights, title and interest in any
respective facilities, equipment, software, information, and wiring, used to
provide CLEC with resold services under this Agreement.
When applicable, CenturyLink shall have access at all reasonable times to
CLEC customer locations for the purpose of installing, inspecting,
maintaining, repairing, and removing, facilities, equipment, software, and
wiring, used to provide resold services under this Agreement. CLEC shall, at
CLEC's expense, obtain any rights and/or authorizations necessary for such
ACCESS.
GENERAL TERMS AND CONDITIONS FOR RESALE SERVICES
82.1 CLEC as Customer of Record. CLEC will be the customer of record for all
resold services purchased from CenturyLink. Except as specified herein,
CenturyLink will take orders from, bill and expect payment from CLEC for all
services ordered.
82.
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82.2 Billing. CenturyLink shall not be responsible for the manner in which CLEC
bills its End Users. All applicable rates and charges for services provided to
CLEC or to CLEC's End Users under this Agreement will be billed directly to
CLEC and shall be the responsibility of CLEC regardless of CLEC's ability to
collect; including but not limited to toll and third-party charges unless CLEC
has taken appropriate actions to restrict CLEC's End Users' ability to incur
such charges.
Local Calling Detail. Except for those services and in those areas where
measured rate local service is available to End Users, monthly billing to
CLEC does not include local calling detail unless CLEC orders and pays for
such detail pursuant to the terms and conditions of this Agreement.
Originating Line Number Screening (OLNS). Upon request and when
CenturyLink is technically able to provide and billthe service, CenturyLink will
update the database to provide OLNS, which indicates to an operator the
acceptable billing methods for calls originating from the calling number (e.9.,
penal institutions, COCOTS).
Timing of Messages. With respect to CenturyLink resold measured rate local
service(s), where applicable, chargeable time begins when a connection is
established between the calling station and the called station. Chargeable
time ends when the calling station "hangs up," thereby releasing the network
connection. lf the called station "hangs up" but the calling station does not,
chargeable time ends when the network connection is released by automatic
timing equipment in the network.
82.3
PRICING
83.1 Calculation of the Resale Discount and the Resulting Resale Rate.
discount as shown in Table 1 shall apply to the retail rate
83.2
Telecommunications Services made available for resale in this Article, except
those services excluded from resale or from receiving the resale discount as
set forth in this Article or Applicable Law.
Promotions. CenturyLink will make available for resale those promotional
offerings that are greater than ninety (90) Days in duration, and any special
promotional rate will be subject to the applicable resale discount.
CenturyLink will make available for resale those promotional offerings that
are less than ninety (90) Days in duration; however, any special promotional
rate or other promotional offering will not be subject to and may not be used
with the applicable resale discount. For promotional offerings that are less
than ninety (90) Days in duration, CLEC may choose either the promotion or
the discount at its discretion. ln all cases, in order to obtain a promotional
offering, CLEC must qualify for the promotional offering under the stated
terms of the offering and must request the offering at the time of order
placement. CLEC shall not be eligible for any post-provisioning retroactive
applicability of a promotional offering.
Resale of "As ls" Services. When a CenturyLink End User changes service
providers to CLEC resold service of the same type without any additions or
changes, the only applicable non-recurring charge will be the LSR Service
Order charge.
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83.
82.4
82.5
83.3
A
of
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83.4 Resale with Changes in Services. lf a CLEC End User adds features or
services when the End User changes its resold local service from
CenturyLink or another service provider to CLEC, CenturyLink will charge
CLEC the normal LSR Service Order charges and/or non-recurring charges
associated with said additions.
End User Contractual Arrangements. CenturyLink will offer for resale its
currently existing (signed by an End User) Contract Service Arrangements,
Special Arrangements, or lCBs in accordance with FCC and Commission
Rules and Regulations. The End User's contractual 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 CLEC commences to provide service
to the End User and ending on the end date of the Contract Service
Arrangement, Special Arrangement or lCB.
83.5
83.5.1 Centurylink will bill CLEC the rate in the Contract Service
Arrangement, Special Arrangement or ICB until the originally
contracted end date for such services.
83.5.2 lf CenturyLink does not receive a termination notice for the
arrangement from CLEC that specifies termination on the
contractual end date, CLEC will have the choice of accepting a
new contractual arrangement at then-current terms and pricing
or moving to the closest Tariffed or otherwise offered service
equivalent. lf CLEC does not invoke its choice within 10
Business Days following the end date, then CenturyLink may
select either alternative at its discretion. Any change in the rates
shall be retroactive to the most recent arrangement end date.
83.5.3 Notwithstanding Section 83.5.2, CenturyLink at its discretion
may terminate any contractual arrangement at the specified end
date with no obligation to offer any replacement service.
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 arc contained in this Agreement, in
CenturyLink's applicable retail Tariffs or as otherwise offered on a retail basis.
LIMITATIONS AND RESTRICTIONS ON RESALE
84.1
84.
84.2
84.3
ln addition to the limitations and restrictions set forth in this Agreement,
CenturyLink may impose other reasonable and non-discriminatory conditions
or limitations on the resale of its Telecommunications Services to the extent
permitted by Applicable Law.
Cross-Class Selling. CLEC will not resell to one class of customers a service
that is offered by CenturyLink only to a particular class of customers to
classes of customers that are not eligible to subscribe to such services from
Centurylink (e.9., R-1 to B-1, disabled services or lifeline services to non-
qualifying customers).
lntentionally Left Blank.
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84.4
84.5
84.6
84.7
84.8
84.9
84.1 0
84.11
84.12
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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.
Voice Mail Service. Voice Mail Service is not a Telecommunications Service
subject to resale under this Agreement. Where offered, CLEC may purchase
Voice Mail Service and related services for its End Users at CenturyLink's
retail rates; however, no resale discount applies.
Hospitality Service. CenturyLink will provide all blocking, screening, and other
applicable functions available for hospitality lines under Tariff.
LIDB Administration. CenturyLink will maintain customer information for
CLEC 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 CLEC's information in LIDB on the same schedule that it uses for its
own similarly situated End Users.
84.7.1 Until such time as CenturyLink's LIDB has the software
capability to recognize a resold number as CLEC's, CenturyLink
will store the resold number in its LIDB at no charge and will
retain revenue for LIDB look-ups to the resold number.
OS/DA. The resale discount shall not apply to Operator Services (OS) or
Directory Assistance (DA) services provided to CLEC's End Users by
CenturyLink's OS and DA vendors,
Special Access Services. CLEC may purchase for resale special access
services; however, no resale discount applies.
COCOT Coin or Coinless Lines. CLEC may purchase for resale COCOT
coin or coinless line services; however, no resale discount applies.
Grandfathered Services. Services identified in CenturyLink Tariffs as
Grandfathered in any manner are available for resale only to End Users that
already have such Grandfathered Service. An existing End User may not
move a Grandfathered Service to a new service location. lf an End User's
Grandfathered Service is terminated for any reason, such Grandfathered
Service may not be reinstalled. Grandfathered Services are subject to a
resale discount, as provided in Section 82.
Universal Emergency Number Service. Universal Emergency Number
Service is not a separate service available for resale. Universal Emergency
Number Service (E911/911 service) is provided with each local Telephone
Exchange Service line resold by CLEC whenever E9111911 service would be
provided on the same line if provided by CenturyLink to a CenturyLink End
User.
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84.13
84.14
84.15
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Services provided for CLEC's Own Use. Telecommunications Services
provided directly to CLEC for its own use or for the use of its Subsidiaries and
Affiliates and not resold to CLEC's End Users must be identified by CLEC as
such, and CLEC will pay CenturyLink's retai! prices for such services. Use of
a CenturyLink service for the transport or consolidation of any CLEC services
to multiple End Users shall be considered service provided for CLEC's own
use.
CLEC shall not use resold local Telecommunications Services to provide
access or lnterconnection services to itself, its Subsidiaries and Affiliates,
lnterexchange Carriers (lXCs), wireless carriers, competitive access
providers (CAPs), or any other telecommunications providers; provided,
however, that CLEC may permit its subscribers to use resold local exchange
telephone service to access lXCs, wireless carriers, CAPs, or other retail
telecommunications providers.
CLEC may resell services that are provided at a volume and/or term discount
in accordance with the terms and conditions of the applicable Tariff. Any
volume and/or term discount shall be applied first to the retail price, and the
resale discount shall be applied thereafter. CLEC shall not permit the sharing
of a service by multiple End User(s) or the aggregation of traffic from multiple
End Users' lines or locations onto a single service for any purpose, including
but not limited to the purpose of qualifying for a volume and/or term discount.
Likewise, CLEC shall not aggregate the resold services to individual End
Users at multiple addresses to achieve any volume discount where such may
be available pursuant to Tariff or special promotion.
85.CHANGES IN RETAIL SERVICE
85.1 CenturyLink will notify CLEC, at the time a Tariff is filed with the Commission,
of any changes in the prices, terms and conditions under which CenturyLink
offers Telecommunications Services at retail to subscribers who are not
Telecommunications Carriers by posting such changes on CenturyLink's
Website. Such changes may include, but not be limited to, the introduction of
any new features, functions, services, promotions in excess of ninety (90)
Days in duration, or the discontinuance or Grandfathering of current features
and services. Where CLEC has signed up for or subscribed to CenturyLink's
email notification service, CenturyLink also will provide notice to CLEC of
such changes by posting the same to CenturyLink's Website, with email
notification of such postings.
REQUIREMENTS FOR SPEC!FIC SERVICES86.
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86.1 E911/911 Services. CenturyLink will use its standard Service Order process
to update and maintain the CLEC customer service information in the
Automatic Location ldentification/Database Management System (ALI/DMS)
used to support 911 services on the same schedule that it uses for its own
retail End Users. CenturyLink will provide CLEC End User information to the
PSAP. CLEC shall update its End User's 911 information through the LSR
process. CenturyLink assumes no liability for the accuracy of information
provided by CLEC, and CenturyLink shall not be responsible for any failure of
CLEC to provide accurate End User information for listings in any databases
in which CenturyLink is required to retain and/or maintain such information.
86.1.1 CLEC shalt be responsible for collecting from its End Users and
remitting all applicable 911 fees and surcharges, on a per line
basis, to the appropriate Public Safety Answering Point (PSAP)
or other governmental authority responsible for collection of
such fees and surcharges subject to Applicable Law.
86.2 Suspension of Service. CLEC may offer to resell End User-lnitiated
Suspension and Restoral Service to its End Users if and to the extent offered
by CenturyLink to its retail End Users.
86.2.1
86.2.2
86.2.3
86.3
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CLEC may also provide CenturyLink-lnitiated Suspension
service for its own purposes, where available. CenturyLink shall
make these services available at the retail rate less the resale
discount on the monthly recurring charge only. No discount
shall apply to non-recurring charges. CLEC shall be responsible
for placing valid orders for the suspension and the subsequent
disconnection or restoral of service to each of its End Users.
a. lf CLEC submits a request for a disconnection of an End
User service and subsequently requests reconnection of
the same End User service, the terms for suspension of
service will apply.
b. Seruice Order charges and any applicable Tariff fees will
apply to all temporary suspension and restoral requests
made by CLEC including disconnection and subsequent
reconnection requests for the same End User service.
lf CLEC suspends service for one of its End Users and fails to
submit a subsequent disconnection order within the maximum
number of Days permitted for a company-initiated suspension
pursuant to the applicable Tariff or Applicable Law, CLEC shall
be charged and shall be responsible for all appropriate monthly
service charges for the End User's service from the suspension
date through the disconnection date.
lf CLEC restores its End User, restoral charges will apply, and
CLEC will be billed for the appropriate service from the time of
suspension.
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.
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PRE-ORDERING AND ORDERING
87.1 CenturyLink will provide pre-ordering and ordering services for resale
services to CLEC consistent with CenturyLink's published Standard
Practices.
Telephone Number Assignments. Where CLEC resells service to a new (not
currently existing) End User, CenturyLink will allow CLEC to place Service
Orders and receive phone number assignments.
87.2.1 When CLEC uses numbers from a CenturyLink NXX,
CenturyLink will provide the same range of number choices to
CLEC, including choice of exchange number, as CenturyLink
provides its own subscribers. Reservation and aging of
CenturyLink NXXs will remain CenturyLink's responsibility.
87.2.2 Centurylink will provide CLEC with the ability to obtain
telephone numbers while a subscriber is on the phone with
CLEC.
87.2.3 ln conjunction with an order for service, and only to the extent
such are available, CenturyLink will accept CLEC orders for
blocks of numbers for use with complex services including, but
not limited to, DlD, CENTREX, and Hunting arrangements, as
requested by CLEC.
87.2.4 Number reservations. Number reservations shall only be made
available to CLEC for the same time period that CenturyLink
offers to its own subscribers pursuant to Tariff or other published
terms. CenturyLink reserves the right to cancel any number
reservation without notice upon the end of the specified time
period.
a. CenturyLink will not accept any number reservations from
CLEC if CenturyLink's own subscribers are not offered the
ability to reserve numbers.
b. For simple services number reservations and aging of
CenturyLink's numbers, CenturyLink will provide real-time
confirmation of the number reservation when the Electronic
lnterface has been implemented. For number reservations
associated with complex services, Centurylink will provide
confirmation of the number reservation within twenty-four
(24) hours of CLEC's request. Consistent with the mannerin which CenturyLink provides numbers to its own
subscribers, ro telephone number assignment is
guaranteed until service has been installed.
87.2
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87.3 Maintenance. CenturyLink will provide repair and maintenance services to
CLEC and its End Users for resold services in accordance with the terms set
forth in Article lV of this Agreement, which are the same standards and
charges used for such services provided to CenturyLink End Users.
CenturyLink will not initiate a maintenance call or take action in response to a
trouble report from a CLEC End User until such time as trouble is reported to
CenturyLink by CLEC. CLEC must provide to CenturyLink all End User
information necessary for the installation, repair and servicing of any facilities
used for resold services as described in the published CenturyLink Standard
Practices.
ACCESS CHARGES
88.1 CenturyLink retains all revenue due from other carriers for access to
CenturyLink's facilities, including both switched and special access charges.
CenturyLink retains all Switched Access Service revenues when providing
Switched Access Services for CLEC's retail End Users served via resale.
When CLEC resells special access to its End Users, CenturyLink is not
entitled to any special access revenues from CLEC's End Users.
RESALE OF CLEC'S TELECOMMUNICATIONS SERVICES
89.1 CLEC also acknowledges that CLEC is required pursuant to 47 U.S.C.
5251(b) to make available its Telecommunications Services to CenturyLink
for resale by CenturyLink. Upon request by CenturyLink, CLEC shall provide
for resale of CLEC's Telecommunications Services under the same terms
and conditions as those that are offered by CenturyLink to CLEC under this
Agreement.
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89.
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ARTICLE VIII. ADDITIONAL SERV!CES
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 Party that 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 Number Portability (NP): The in-place long-term method of
providing Number Portability (NP) using the LRN method.
90.'1.5 Recipient Party: The Party that is initiating the number port
request and is receiving the ported number.
90.2
90.'1.6 Simple Ports: Those ports meeting the FCC's definition of
"Simple" ports
90.1.7 Ten-Digit Unconditional Trigger Method (TDT): An industry-
defined PNP solution that utilizes the ten-digit Local Routing
Number to provide for an automated process that permits the
work at the Recipient Party's switch to be done autonomously
from the work at the Donor Party's switch resulting in less
downtime to the End User.
Number Portability (NP). Each Party will provide Local Number Portability
and obtain End User authorization in accordance with the Act, and applicable
FCC rules, regulations and orders as amended from time to time. CLEC shall
provide NP to CenturyLink under no less favorable terms and conditions as
when CenturyLink provides such services to CLEC. The Act requires
allowing End Users to change local service providers and retain the same
telephone number(s) within the serving Rate Center utilizing the portability
method as defined by the FCC. The Parties recognize that the Act and the
applicable FCC rules, regulations and orders limit porting to carriers having
facilities or numbering resources in the same Rate Center, or to carriers who
have partnered with a wireline carrier for numbering resources where the
partnering carrier has facilities or numbering resources in the same Rate
Center, and do not mandate Location and Service Portability and the Parties
will not submit orders for such non-mandated types of portability.
Testing
90.3.1 lf CLEC has not initiated porting with CenturyLink in a specific
exchange, prior to port order submission, CLEC will conduct
testing with CenturyLink as required by the NANC LNP
Guidelines incorporated by referencein 47 C.F.R. 552.26.
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CLEC must be NPAC certified and have met CenturyLink testing
parameters prior to activating LNP. Each Party will bear its own
expenses for testing.
The Parties will cooperate to ensure effective maintenance
testing through activities such as routine testing practices,
network trouble isolation processes and review of operational
elements for translations, routing and network fault isolation.
The Parties shall cooperate in testing performed to ensure
interconnectivity between systems. The Parties shall notify each
other at least sixty (60) days in advance of any system updates
that may affect the porting operations of CLEC or CenturyLink.
Each Party shall, at each other's request, jointly perform tests to
validate the updated operations.
90.4 A Party requesting a number to be ported must send the other providing
Party a 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.
Neither Party shall be required to provide Number Portability
under this Agreement for excluded numbers defined by FCC
orders or other Applicable Law, as updated from time to time,
including but not limited to: 500 NPAs; 900 NPAs; 950 and 976
NXX number services; and OCS NXXs (i.e., numbers used
internally by either Party for its own business purposes). The
term "Official Communications Service (OCS)' means the
internal telephone numbers used by CenturyLink or CLEC.
lnactive Numbers. CenturyLink will not port numbers not
currently being used by a CenturyLink End User or previously
reserved on an existing CenturyLink End User's account.
LERG Reassignment. Portability for an entire NXX shall be
provided by utilizing reassignment of the NXX to CLEC through
the LERG
Porting lnterval. Both Parties agree to porting intervals as
mandated by the FCC or as provided in the LNPA WG Best
Practices. (http ://www. n pac. com/l n pa-workinq-o rou p-/ln p-best-
practices) The following terms shall also apply:
a. Local Number Portability (LNP) orders may not be
expedited.
90.4.2
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90.3.3
90.3.4
90.4.3
90.4.4
90.4.5
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90.4.7
90.4.8
90.4.9
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b. Mass Calling Events. The Parties will notify each other at
least seven (7) Days in advance where ported numbers
are utilized. Parties will only port Mass Calling numbers
using switch translations and a choke network for call
routing. Porting on Mass Calling numbers will be handled
outside the normal porting process and comply with any
applicable federal regulatory requirements or industry
guidelines developed for Mass Calling numbers.
FOC. Both Parties agree to provide a Firm Order Confirmation
(FOC) to the Recipient Party at intervals as mandated by the
FCC or as provided in the LNPA WG Best Practices.
(http:/lwww. npac.com/lnpa-workinq-qroup-/lnp-best-practices)
Project Management. For purposes of this Agreement,
Parties will use a project management approach for
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.
CLEC bears sole responsibility for any End User issues
associated with porting cutovers when CenturyLink
recommends a project approach and CLEC declines to use
such a process.
Service Order Charge. The Party receiving the LSR will bill the
Service Order charge set forth in 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 CLEC in a LATA, CenturyLink will route traffic
destined for CLEC'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.
When CenturyLink receives an un-queried call from CLEC to a
telephone number that has been ported to another local services
provider, the transit rate and NP dip charge found in the
applicable Tariff will apply.
the
the
a.
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90.4.12
90.4.13
90.5.2
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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 those access elements it
actually provides including, but not limited to any entrance
facility fees, access Tandem fees and appropriate local transport
charges.
When a ported telephone number becomes vacant, e.9., the
telephone number is no longer in service by the original End
User, the ported telephone number will snap-back to the LERG-
assigned thousands block holder or the NXX code holder if
pooling is being utilized in the Rate Center.
Each Party shall become responsible for the End User's other
telecommunications-related items, e.9., E91 1, 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 Flowsat http:/iwww.npac.com/lnpa-workinq-grouplnanc-lnp-process-
flows (See Flows 9 and 10).
Coordinated Hot Cuts (CHC)
a. Where the Parties agree or are required to implement a
CHC to effectuate a service cut-over, the Parties shall
follow the process and procedures for such CHCs set forth
in the CenturyLink Standard Practices.
b. Pricing for Number Portability CHCs
1. When a Recipient Party orders CHC service, the
Donor Party shall charge, and the Recipient Party
shall pay, the applicable Charges set forth in Table
1.
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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 normal business
hours, weekends, and holidays.
3. For calculating "time" and/or "additional time" labor
charges, the time shall begin when the Donor Party
receives the call from Recipient Party and ends
when the Parties disconnect from the call.
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS.OF-WAY
91.1 Via Tariff or Separate Agreement. To the extent required by the Act,
including the requirement that a requesting Telecommunications Carrier be a
provider of Telecommunications Services as defined by 47 U.S.C. 5153(53),
CenturyLink and CLEC shall each afford to the other access to the poles,
ducts, conduits and rights-of-way (ROWs) that it owns or controls on terms,
conditions and prices comparable to those offered to any other entity
pursuant to each Party's Tariffs and/or standard agreements, or as agreed to
by the Parties and in accordance with Applicable Law and regulations.
Accordingly, if CenturyLink or CLEC desires access to the other Party's
poles, ducts, conduits or ROWs, the Party seeking access shall make 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.
Pole Attachment & Conduit Occupancy Agreements. CLEC agrees that pole
attachment and conduit occupancy agreements must be executed separately
before it makes any pole attachments to CenturyLink's facilities or uses
CenturyLink's conduit. Unauthorized pole attachments or unauthorized use
of conduit will constitute a material breach of this Agreement.
BASIC 911 AND E911 SERVICE
92.1 E911 Universal Emergency Number Service is provided by CenturyLink to
CLEC serving end users in a geographic area where CenturyLink is the 911
Service Provider.
CenturyLink's Responsibilities: When CenturyLink is designated by the
PSAP as the primary 911 Service Provider in a geographic area in which
CLEC furnishes local telephone exchange service, CenturyLink shall have
the obligations in this Section.
92.2.1 Call Routing
92.2
92.2.1.1 CenturyLink will switch 911 calls through the
Selective Router to the designated primary PSAP
or to designated alternate locations, according to
routing criteria specified by the PSAP.
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91.2
92.
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92.2.1.2 Centurylink will forward the calling party number
(ANl) it receives from CLEC and the associated
911 Automatic Location ldentification (ALl) to the
PSAP for display. lf no ANI is forwarded by CLEC,
CenturyLink will route the call to the "Default" ESN
assigned to CLEC's 911 trunk group and will
forward an identification code for display at the
designated "Default" PSAP associated with the
"Default" ESN. lf the ANI is fonruarded by CLEC but
no ALI record is found in the 911 DBMS,
CenturyLink will report this "No Record Found"
condition to CLEC in accordance with NENA
standards.
Facilities and Trunking
92.2.2.1 CenturyLink will provide transport facilities to
interconnect CLEC to CenturyLink's SR, at
standard CenturyLink Access tariff rates.
Additionally, when diverse facilities are requested
by CLEC, CenturyLink will provide such diversity
where technically feasible and facilities are
available at standard CenturyLink Access tariff
rates.
92.2.2.2 Upon written request by CLEC, CenturyLink shall,
in a timely fashion and at no charge, provide CLEC
with a description of the geographic area (or rate
centers) and PSAPs served by the 911 Selective
Route(s) based upon the standards set forth in the
May 1997 NENA Recommended Standards for
Local Service Provider lnterconnection lnformation
Sharing, or any subsequent revision(s) thereto.
Database
92.2.3.1 Where CenturyLink manages the ALI database,
CenturyLink shall store CLEC's End User 911
records.
92.2.3.2 Where CenturyLink is the ALI database provider,
CenturyLink shall coordinate access to the
CenturyLink DBMS for the initial loading and
updating of CLEC's End User 911 records. For
such purposes, CenturyLink will provide CLEC with
access to WebDBMS, which is a customer interface
to the DBMS which restricts CLEC access to CLEC
End User records only, and is used for viewing and
coordinating electronic file processing of such End
User records. CenturyLink shall provide CLEC with
a password to the WebDBMS, and CLEC shall be
responsible for maintaining confidentiality and use
of such password.
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92.2.3.3 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 sefting forth such
arrangements, including compensation at the rates
found in Table 1.
92.2.3.4 CenturyLink will provide an error and status report
for CLEC's End User records received from CLEC.
This report will be provided in a timely fashion in
accordance with the methods and procedures to be
provided to CLEC.
92.2.3.5 Where CenturyLink manages the ALI database,
CenturyLink shall provide CLEC 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 CLEC exchanges Local Traffic with
CenturyLink. Additional copies of the MSAG file
are available at the rate set forth in Table 1.
92.2.3.6 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.
92.3 CLEC's Responsibilities. Where CenturyLink is the 9'11 Service Provider,
CLEC shall have the obligations in this Section.
92.3.1 Call Routing
92.3.1.1 CLEC will transport 911 calls to the applicable
Centurylink Selective Router.
92.3.1.2 CLEC will forward the ANI information of the party
calling 911 to the applicable CenturyLink Selective
Router.
Facilities and Trunking
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92.3.2.1
92.3.2.2
92.3.2.3
92.3.2.4
92.3.2.5
92.3.2.6
92.3.2.7
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CLEC 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 will
provision these facilities in accordance with
applicable NENA standards; CLEC 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 shall be responsible for providing
sufficient transport facilities and trunking to route
911 calls from its End Users to each of the proper
911 SRs.
CLEC 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 uses MF signaling, it
must transmit 911 traffic over a separate 911 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.
CLEC 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.
CLEC agrees that it will not pass live 911 traffic
until successful testing is completed by both
Parties.
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92.3.3 Selective Router Port Charges/Terminations for Connecting
Companies
92.3.3.1
92.3.4
92.3.4.2
92.3.4.3
92.3.4.4
92.3.4.5
92.3.4.6
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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 competitive local exchange carrier access to
the emergency services network.
Once 911 Trunks have been established and tested
between CLEC and appropriate SRs, CLEC 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 CLEC 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.
CLEC shall adopt use of a Company lD on all
CLEC 911 Records in accordance with NENA
standards. The Company lD is used to identify the
carrier of record in facility configurations.
CLEC shall be solely responsible for providing test
records and conducting callthrough testing on all
new exchanges.
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92.3.5 Other
92.3.5.1 CLEC shall obtain its own pANls for each PSAP to
which CenturyLink provides or shall provide
coverage, and shall supply these pANls to
CenturyLink for the Selective Routers servicing
each such PSAP. lf warranted by traffic volume
growth, or if upon request by a PSAP or other
governmental or quasi-governmental entity, CLEC
shall promptly obtain the appropriate number of
additional pANls to be allocated to each PSAP as
may be appropriate under the circumstances.
92.3.5.2 CLEC is responsible for collecting from its retail
End Users any applicable 911 surcharges required
by law to be assessed and remit such surcharges
to the appropriate entity or entities specified by law.
92.4 Responsibilities of Both Parties
92.4.1
92.4.2
92.4.3
92.4.4
92.5 CenturyLink 911 Transit Service
The Parties shall jointly coordinate the provisioning of transport
capacity sufficient to route originating 911 calls from CLEC to
the designated CenturyLink 911 Selective Router(s).
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.
CenturyLink and CLEC will cooperate to promptly test all trunks
and facilities between CLEC's switch and the CenturyLink SR(s)
in accordance with industry standards.
CLEC is responsible for the isolation, coordination and
restoration of all 911 network maintenance problems on its
network (including any facilities not from CenturyLink).
CenturyLink will be responsible for the isolation, coordination
and restoration of all 911 network maintenance problems on its
network. CLEC is responsible for advising CenturyLink of the 2-
6 code (TSC) and the fact that the trunk group is a 911 trunk
group when notifying CenturyLink of a failure or outage. The
Parties agree to work cooperatively and expeditiously to resolve
any 911 outage. CenturyLink will refer network trouble to CLEC
if no defect is found in CenturyLink's 911 network. The Parties
agree that 911 network problem resolution will be managed
expeditiously at all times.
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92.5.1
92.5.2
92.6 Methods and Practices
92.6.1
92.7 Ordering
92.7.1
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When CenturyLink is not the Primary 911 Service Provider,
CenturyLink may provide a 911 transit service to transport
CLEC's 911 calls to the primary 911 Service Provider
designated by the applicable PSAP(s). This section becomes
applicable when CLEC utilizes 9'11 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 CLEC.
Where CLEC utilizes CenturyLink's 911 transit service:
92.5.2.1 CLEC holds CenturyLink harmless from and
against any liability to CLEC or its end users arising
from any failure by PSAP(s) or their designated
agent(s) to properly route, receive or respond to
911 calls.
92.5.2.2 CLEC will take appropriate steps to notify all
PSAP(s) within CLEC's service territory with
accurate contact information, including a name and
telephone number that can be used by the PSAP(s)to reach CLEC in the event of 911 network
problems or an emergency requiring availability of a
contact. CenturyLink shall have no liability to CLEC
arising out of any failure by the CLEC to provide
PSAP(s) with appropriate contact information, and
to update such information as needed. CenturyLink
shall be entitled to immediately terminate 911
transit service to the CLEC if CenturyLink is
advised by any applicable PSAP(s) that CLEC has
not provided the PSAP(s) with appropriate contact
information.
92.5.2.3 CLEC indemnifies CenturyLink from and against
fees or charges, if any, that a third party might seek
to assess for transporting CLEC's 911 calls beyond
the point of interconnection established between
CenturyLink and the PSAP(s) designated agent or
the primary 911 Service Provider.
Each Party will comply with all of the following to the extent that
they apply to 911 Service: (i) all FCC and applicable state
Commission rules and regulations, (ii) any requirements
imposed by any Governmental Authority other than a
Commission.
CLEC will identify geographic territory CLEC will provide service
in trunk forecast submitted to CenturyLink. CLEC will be
informed of the applicable SR(s) and configuration required by
CenturyLink as part of the pre-ordering process.
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92.7.2 CLEC is responsible for contacting appropriate PSAP(s) or state
entity(ies) that have jurisdiction in the geographic area(s) in
which CLEC is implementing service 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 GenturyLink.
92.8 Basis of Compensation
92.9
Compensation to CenturyLink for provision of 911 Service will be
in accordance with the charges set forth in Table One.
Charges will begin on the date of connection to 911 service.
ln satisfaction of CLEC orders or requests related to 911
Service, CenturyLink may be required to make expenditures or
othenvise incur costs that are not otherwise listed in this Section.
ln such event CenturyLink is entitled to reimbursement from
CLEC for all such costs provided that CenturyLink first notifies
CLEC of the costs and obtains CLEC's concurrence to proceed
with fulfilling the order or request. For all such costs and
expenses CenturyLink shall receive through individual case
basis (lCBs) non-recurring charges (NRCs) the actual costs and
expenses incurred, including labor costs and expenses,
overhead and fixed charges, and may include a reasonable
contribution to CenturyLink's common costs.
911 Service is provided by CenturyLink subject to State statutory
limitation of liability and the following subsections.
CenturyLink's entire liability to CLEC or any person for
interruption or failure of any aspect of 911 Service shall be
limited by the terms set forth in this Section, and in any sections
of other Articles which apply to the provision of services by
CenturyLink. 911 Service is otfered solely to assist CLEC in
providing 911 Service to its End Users in conjunction with
applicable fire, police, and other public safety agencies. By
providing 911 Service to CLEC, CenturyLink does not create any
relationship or obligation, direct or indirect, to any third party
other than CLEC. CenturyLink shall not be liable for any
mistakes, omissions, interruptions, delays, errors or defects in
transmission or service caused or contributed to by acts or
omissions act of any person other than CenturyLink, or arising
from the use of CLEC provided facilities or equipment.
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.
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92.8.1
92.8.2
92.8.3
Liability
92.9.1
92.9.2
92.9.3
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92.9.4 lt is the obligation of CLEC to properly route all 911 calls from
CLEC's End Users. CenturyLink shall not have any
responsibility for 911 calls that carry foreign dial tone, whether
they originate within or outside of CLEC's service area.
93. DIRECTORY ASSISTANGE
93.1 The Parties acknowledge that CenturyLink is not a Directory Assistance (DA)
provider. CenturyLink provides directory listings information for its subscribers
to third party DA providers to be included in the national and local databases
used by such third party providers. The Parties agree that to the extent the
DA provider contracted by CLEC for DA services to CLEC's subscribers also
populates the national DA database, then CLEC's DA listings have been
made available to CenturyLink's subscribers and no further effort is needed
by either Party. lf for any reason, CLEC desires that CenturyLink act as a
middleman conduit for the placement of CLEC's DA listings in the DA
database(s), then CenturyLink shall provide such compensable DA listings
service pursuant to separate DA terms between CenturyLink and CLEC
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 CLEC to (i) submit CLEC subscriber information for
inclusion in Directory Listings databases; and (ii) submit CLEC subscriber
information for inclusion in published directories.
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 CLEC can place an order with a single point of
contact within CenturyLink.
CenturyLink will provide to CLEC the following Directory Listing Migration
Options:
94.3.1 Migrate "As ls". Retain all white page listings for the subscriber
in both DA and DL. Transfer ownership and billing for white
page listings to CLEC.
94.3.2 Migrate with Changes. lncorporate the specified changes
(e.9., additional listings order, deletions, or other changes to
existing listing information). Transfer ownership and billing for
the white page listings to CLEC.
94.3.3 CenturyLink shall update and maintain directory listings
information to reflect which of the following categories CLEC
subscribers fall into:
94.2
94.3
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;
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94.4
94.5
94.6
94.7
94.8
94.9
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c. "NON-PUBLISHED" means that a directory service may
confirm, by name and address, the presence of a listing,
but the telephone number is not available. The listing
information is not available in either the published directory
or directory assistance.
Based on changes submitted by CLEC, CenturyLink shall update and
maintain directory listings data for CLEC 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.
The charge for storage and maintenance of CLEC subscriber information in
the DL system is included in the rates where CLEC is buying UNE Loops or
resold services with respect to specific addresses. lf CLEC does not
purchase UNE Loops or resold services, CLEC shall pay for such storage
and maintenance services at the rate reflected on Table 1.
CLEC acknowledges that certain directory functions are not performed by
CenturyLink but rather are performed by and are under the control of the
directory publisher, and CenturyLink shall not have any liability to CLEC for
any acts or omissions of the publisher.
CLEC acknowledges that for a CLEC subscriber's name to appear in a
directory, CLEC must either (i) submit an LSR (e.9. an LNP order) or a
Directory Service Request (DSR) reflecting a request for directory listing, or
(ii) contract directly with the publisher. lf CLEC wants to delete a subscriber
listing from CenturyLink's database (e.9. if CLEC contracts directly with the
publisher), CLEC must submit an appropriate LSR (such as an LNP order) or
a DSR. All orders will be subject to applicable charges reflected on Table 1.
CLEC shall provide directory listings to CenturyLink pursuant to the directory
listing and delivery requirements in the data format currently used by
CenturyLink, at a mutually agreed upon timeframe. Other formats and
requirements shall not be used unless mutually agreed to by the parties.
Traditional White Pages Listings.
94.9.1 CenturyLink shall include in its master subscriber system
database all white pages listing information for CLEC
subscribers whose information was properly submitted a DSR.
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94.9.2
94.9.3
94.9.4
94.9.5
94.9.6
94.9.7
94.9.8
94.10 Other Directory Services.
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When CLEC purchases UNE Loops or resold services at a
specific address, one basic White pages listing for each CLEC
End User is included in the rates or the Resale discount in Table
1. lf CLEC requests a listing for an address where CLEC is not
buying UNE Loops or resold services, CLEC shall pay for all
requested listings for such address at the rate reflected on Table
1. A basic White Pages listing is defined as a customer name,
address and one primary telephone number.
CLEC agrees to provide customer listing information for CLEC's
subscribers to CenturyLink, at no charge. CenturyLink will
provide CLEC with the appropriate format for provision of CLEC
customer listing information to CenturyLink. The parties agree
to adopt a mutually acceptable electronic format for the provision
of such information as soon as practicable.
CLEC will be charged a Service Order entry fee upon
submission of Service Orders into CenturyLink's Service Order
Entry (SOE) System. Service Order entry fees apply when
Service Orders containing directory records are entered into
CenturyLink's SOE System initially, and when Service Orders
are entered in order to process a requested change to directory
records.
CLEC customer listing information will be used solely for the
provision of directory services, including the sale of directory
advertising to CLEC customers.
ln addition to a basic White Pages listing, CenturyLink will
provide Tariffed White Pages listings (e.9., additional, alternate,
foreign and non-published listings) for CLEC to offer for resale to
CLEC's customers.
CenturyLink will accord CLEC customer listing information the
same level of confidentiality that Centurylink accords its own
proprietary customer listing information. CenturyLink shall
ensure that access to CLEC customer proprietary listing
information will be limited solely to those of CenturyLink and
CenturyLink's directory publisher's employees, agents and
contractors that are directly involved in the preparation of
listings, the production and distribution of directories, and the
sale of directory advertising. CenturyLink will advise its own
employees, agents and contractors and its directory publisher of
the existence of this confidentiality obligation and will take
appropriate measures to ensure their compliance with this
obligation.
CenturyLink will provide CLEC's customer listing information to
any third party to the extent required by Applicable Rules.
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94.10.1
94.10.2
94.10.3
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Both parties acknowledge that CenturyLink's directory publisher
is not a party to this Agreement and that the provisions
contained in this Agreement are not binding upon CenturyLink's
directory publisher.
CenturyLink agrees to include critical contact information
pertaining to CLEC in the "lnformation Pages" of those of its
White Pages directories containing information pages, if CLEC
meets criteria established by its directory publisher. Critical
contact information includes CLEC's business office number,
repair number, billing information number, and any other
information required to comply with applicable regulations, but
not advertising or purely promotional material. CLEC will not be
charged for inclusion of its critical contact information. The
format, content and appearance of CLEC's critical contact
information must conform to applicable directory publisher's
guidelines and will be consistent with the format, content and
appearance of critical contact information pertaining to all
CLECs in a directory.
The directory publisher shall maintain full authority as publisher
over its publishing policies, standards and practices, including
decisions regarding directory coverage area, directory issue
period, compilation, headings, covers, design, content or format
of directories, and directory advertising sales.
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ARTICLEIX. COLLOCATION
SCOPE OF COLLOCATION TERMS
95.'1 CenturyLink will provide Collocation to CLEC in accordance with this
Agreement for the purposes of lnterconnection to CenturyLink pursuant to the
Act (including 47 USC 5251(cX2)) and for obtaining access to CenturyLink's
UNEs pursuant to the Act (including 47 USC 5251(cX3)). Collocation shall be
provided on a nondiscriminatory basis, on a "first-come, first-served" basis,
and othenrvise in accordance with the requirements of the Act (including 47
usc S251(c)(6)).
Prices and fees for collocation and other services under this Agreement are
contained in Table 2.
This Agreement states the general terms and conditions upon which
CenturyLink will grant to CLEC the non-exclusive right to gain access to and
occupy the Collocation Space, and other associated facilities as may be
necessary, for the sole and exclusive purpose of providing
telecommunications service upon submission of an approved and provisioned
Application for collocation service. Such service will be provided by installing,
maintaining and operating CLEC's equipment, which will interconnect with
Telecommunications Services and facilities provided by Centurylink or others
in accordance with this Agreement.
TERMINATION OF COLLOCATION SPACE
96.1 CLEC may terminate occupancy in a particular Collocation Space upon thirty
(30) Days prior written notice to CenturyLink. Upon termination of such
occupancy, CLEC at its expense shall remove its equipment and other
property from the Collocation Space. CLEC shall have thirty (30) Days from
the termination date to complete such removal, including the removal of all
equipment and facilities of CLEC's Guests; provided, however, that CLEC
shall continue payment of monthly fees to CenturyLink until such date
CLEC has fully vacated the Collocation Space. CLEC will surrender
Collocation Space to CenturyLink in the same condition as when
occupied by CLEC, except for ordinary wear and tear.
96.2 CLEC shall be responsible for the cost of removing any enclosure, together
with all supporting structures (e.9., racking, conduits), of an Adjacent
Collocation arrangement at the termination of occupancy and restoring the
grounds to their original condition.
96.3 Upon termination of CLEC's right to possession of a Collocation Space,
CLEC shall surrender possession and vacate the Collocation Space within
thirty (30) Days. Failure to surrender the Collocation Space within thirty (30)
Days shall be considered abandonment and CenturyLink will have the right to
remove the equipment and other property of CLEC or the CLEC's Guest at
CLEC's expense and with no liability for damage or injury to CLEC's property.
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95.
95.2
95.3
96.
AS
the
first
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96.4 Should Centurylink under any Section of this Agreement remove any of
CLEC's equipment from its collocation space, CenturyLink will deliver to
CLEC any equipment removed by CenturyLink only upon payment by CLEC
of the cost of removal, storage and delivery, and all other amounts due
CenturyLink under this Agreement. Should CLEC fail to remove any of its
equipment deemed abandoned, title thereto shall pass to CenturyLink under
this Agreement as if by a Bill of Sale. Nothing herein shall limit CenturyLink
from pursuing, at its option, any other remedy in law, equity, or othenruise
related to CLEC's occupancy in the Collocation Space, including any other
remedy provided in this Agreement.
CLEC shall surrender all keys, access cards and CenturyLink-provided photo
ldentification cards to the Collocation Space and the Building to CenturyLink,
and shall make known to CenturyLink the combination of all combination
locks remaining on the Collocation Space.
lf it becomes necessary in CenturyLink's reasonable judgment, and there are
no other reasonable alternatives available, CenturyLink shall have the right,
for good cause shown, and upon thirty (30) Days prior notice, to reclaim the
Collocation Space or any portion thereof, any lnner Duct, Outside Cable
Duct, Cable Vault space or other CenturyLink-provided facility in order to fulfill
its common carrier obligations, any order or rule of the State Commission or
the FCC, or CenturyLink's Tariffs to provide Telecommunications Services to
its End User customers. ln such cases, CenturyLink will reimburse CLEC for
reasonable direct costs and expenses in connection with such reclamation.
lf it becomes necessary in CenturyLink's reasonable judgment, and there are
no other reasonable alternatives, CenturyLink shall have the right to require
CLEC to move to equivalent space in the Premises upon receipt of sixty (60)
Days written notice from CenturyLink, in which event, CenturyLink shall pay
all moving costs, and the contractual monthly fees paid by CLEC for the
affected collocation shall remain the same.
96.5
COLLOCATION OPTIONS
97.1 CenturyLink will offer Collocation Space to allow CLEC to collocate its
equipment and facilities, and without requiring the construction of a cage or
similar structure. CenturyLink shall make cageless collocation available in
single bay increments. For equipment requiring special technical
considerations, CLEC must provide the equipment layout, including spatial
dimensions for such equipment pursuant to generic requirements contained
in Telcordia GR-63-Core and shall be responsible for constructing all special
technical requirements associated with such equipment pursuant to this
Agreement.
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96.6
96.7
97.
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97.2 Where space permits, CenturyLink will authorize the enclosure of CLEC's
equipment and facilities at CLEC's option. CenturyLink will provide
guidelines and specifications upon request. Based on CLEC's request,
space and cage enclosures in amounts as small as that sufficient to house
and maintain a single rack or bay or equipment will be made available. At
CLEC's option, CenturyLink will permit CLEC to arrange with a third party
vendor to construct a Collocation Arrangement enclosure at CLEC's sole
expense. CLEC's third party vendor will be responsible for filing and
receiving any and all necessary permits and/or licenses for such construction.
The third party vendor shall bill CLEC directly for all work performed for CLEC
and CenturyLink will have no liability for nor responsibility to pay such
charges imposed by the third party vendor. CLEC must provide the local
CenturyLink Building contact with one Access key used to enter the locked
enclosure. Except in case of emergency, CenturyLink will not access CLEC's
Iocked enclosure prior to notifying CLEC and obtaining authorization.
97.2.1 CenturyLink has the right to review CLEC's plans and
specifications prior to allowing construction to start. CenturyLink
will complete its review within fifteen ('15) Days of receipt of such
plans. CenturyLink has the right to inspect the enclosure after
construction to make sure it is constructed according to the
submitted plans and specifications. CenturyLink can require
CLEC to remove or correct, at its cost, any structure that does
not meet these plans.
97.3 CLEC may allow other Telecommunications Carriers to share its caged
collocation arrangement pursuant to terms and conditions agreed to by CLEC
(Host) and other Telecommunications Carriers (Guests). CLEC will notify
CenturyLink in writing upon execution of any agreement between the Host
and its Guest within twelve (12) Days of its execution. Further, such notice
shall include the name of the Guest(s) and their term of agreement, and shall
contain a certification by CLEC that said agreement imposes upon the
Guest(s) the same terms and conditions (excluding rates) for collocation
space as set forth in this Agreement.
97.3.1 As Host, CLEC will be the sole interface and responsible party to
CenturyLink for the purpose of submitting applications for initial
and additional equipment placements of Guest (to the extent
required under other Sections of this Agreement); for
assessment and payment of rates and charges applicable to the
Collocations space; and for the purposes of ensuring that the
safety and security requirements of this Agreement are fully
complied with by the Guest, its employees and agents. ln
making shared cage arrangements, CenturyLink will not
increase the cost of site preparation or nonrecurring charges
above the cost of provisioning a similar caged arrangement to a
CLEC.
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97.3.2 CenturyLink will not place unreasonable restrictions on CLEC's
use of a cage, and as such will allow CLEC to contract with
other CLECs to share the cage in a sublease type arrangement.
lf two (2) or more CLECs that have interconnection agreements
with CenturyLink utilize a shared collocation cage, CenturyLink
will permit each CLEC to order UNEs and provision service from
the shared collocation space, regardless of which CLEC was the
original collocator.
lf Host terminates a Collocation Arrangement, Host will provide
Guest thirty (30) Days notice. Guest will assume all obligations
and rights of Host as to that Collocation Arrangement if Guest
remains in the Collocation Space, including payment of all
charges.
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
97.3.3
97.4.2
97.4.3
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CLEC will provide a concrete pad, the structure housing the
arrangement, HVAC, lighting, and all facilities that connect the
structure (i.e., racking, conduits, etc.) to the CenturyLink Point of
lnterconnection. Should CLEC elect such an option, CLEC must
arrange with a third party vendor to construct an Adjacent
Arrangement structure in accordance with this Agreement.
CenturyLink maintains the right to review CLEC's plans and
specifications prior to construction of an Adjacent
Arrangement(s). CenturyLink will complete its review within
thirty (30) Days of site selection and receipt of plans. Except
that such time period may be extended if any delay is due to the
actions of CLEC. CenturyLink may inspect the Adjacent
Arrangement(s) following construction and prior to
commencement to ensure the design and construction comply
with submitted plans. CenturyLink may require CLEC to correct
any deviations from approved plans found during such
inspection(s).
CenturyLink will only permit DC power to be used for collocated
equipment. and CLEC shall obtain such power for its collocated
equipment from CenturyLink. CLEC agrees to convert any
existing self-provided power equipment to CenturyLink-provided
power within a reasonable timeframe, not to exceed six months,
after the execution of this Agreement. CenturyLink will provide
110v AC power for occasional technician courtesy use, as
requested, subject to it being technically feasible.
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97.5
97.6
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97.4.4 Subject to CLEC being on the waiting list, in the event that
space in a CenturyLink Premises becomes available,
Centurylink will provide the option to CLEC to relocate its
equipment from an Adjacent Facility into the CenturyLink
Premises. ln the event CLEC chooses to relocate its equipment,
appropriate charges will apply, including charges to vacate the
adjacent collocation arrangement and charges applicable for
collocation within the CenturyLink Premises.
To the extent possible, CenturyLink will provide CLEC with contiguous space
for any subsequent request for Physical Collocation space, but makes no
assurances that contiguous space will be available.
CenturyLink will provide Virtual Collocation in accordance with Applicable
Law.
97.6.1 CLEC must purchase the electronic and peripheral equipment
that meets applicable FCG requirements, and in consideration of
$1 and the other benefits derived by CLEC from such virtual
collocation arrangement, CLEC will lease such equipment to
CenturyLink for the sole purpose of having CenturyLink install
and maintain the equipment in accordance with terms and
conditions of this Agreement. Upon termination of the Virtual
Collocation arrangement, CLEC is responsible for the cost of
removing the equipment from the Premises.
97.6.2 CenturyLink does not assume any responsibility for the design,
engineering, testing or performance for the end-to-end
connection of CLEC's equipment, arrangement or facilities.
97.6.3 CenturyLink will install, maintain, and repair CLEC's equipment
needed for the Virtual Collocation within the same time periods
and with failure rates that are no greater than those that apply to
the performance of similar functions for comparable equipment
of CenturyLink, CenturyLink's Affiliates or third parties. Rates
for these services will be developed during the application
process and must be accepted by CLEC prior to CenturyLink's
commencement of work. The following services are not covered
by this Agreement:
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 CLEC's Virtually Collocated
equipment by persons other than CenturyLink, or its
authorized contractors, or
d. repairing damage to other property or equipment caused
by operation of CLEC's collocated equipment and not
caused by the sole negligence of Centurylink.
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97.6.4 CLEC 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 CLEC for the benefit of
CenturyLink and CLEC shall take all reasonable action to
enforce such warranties and indemnities where available to
CenturyLink. CLEC shall execute, upon presentation, such
documents and instruments as may be required to allow
CenturyLink manufacturer's warranty coverage for any
equipment. CLEC warrants that it has full authority to lease the
equipment under the terms and conditions set forth herein and
that there are no restrictions, legal or othenvise, which would
preclude it from so doing.
a. ln the event CenturyLink's right to quiet enjoyment is
breached, either by CLEC's failure to make or cause to be
made payment to the equipment manufacturer of the full
purchase price for the equipment when such payment
becomes due, or otherwise, CenturyLink may give written
notice to CLEC 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 CLEC at rates on Table 2 or as filed in a Tariff and
approved by the Commission.
DEMARCATION POINT98.
98.1
99.APPLICATION PROCESS
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CenturyLink will designate the point of demarcation between CenturyLink's
equipment and CLEC's collocated equipment, which point of demarcation
shall be in or adjacent to its Collocation Space unless otherwise mutually
agreed to by the Parties. At CLEC's request, CenturyLink will identify the
location(s) of other possible demarcation points available to CLEC, and
CLEC will designate from these location(s) the point(s) of demarcation
between its collocated equipment and CenturyLink's equipment. CenturyLink
will use its best efforts to identify the closest demarcation point to CLEC's
equipment that is available.
Each Party will be responsible for maintenance and operation of all
equipmenVfacilities on its side of the demarcation point.
At CLEC's option and expense, a point of termination (POT) bay, frame or
digital cross-connect may be placed in or adjacent to the Collocation Space
that may, at CLEC's option, serve as the demarcation point. lf CLEC elects
not to provide a POT frame, CenturyLink will agree to handoff the
lnterconnection cables to CLEC at its equipment, at CLEC's designated
demarcation point. When CLEC elects to install its own POT frame/cabinet,
CenturyLink must still provide and install the required DC power panel.
98.2
98.3
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99.2
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Upon CLEC's selection of a Premises in which it desires to collocate its
Equipment, CLEC can find the then current collocation application form (the
"Application) on CenturyLink's website. CLEC 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 drawing of the equipment to be placed in CLEC's Collocation
Space(s), the amount of square footage required (or, in the case of Cageless
Collocation, bay space) for the current year plus the next calendar year from
the date of application, as well as the associated power requirements, floor
loading, and heat release of each piece.
99.1.1 CLEC will complete the Application, and return it, along with the
appropriate Application Fee, to CenturyLink. The Application
shall include complete details of the collocation and
lnterconnection requested, including, but not limited to, specificfloor space, power, and environmental conditioning
requirements. CenturyLink will not process an Application until
both the Application and the applicable Application fee are
received.
99.1.2 ln the event CLEC desires to modify or decommission the use of
the Collocation Space in a manner that requires additional
engineering or preparation work by CenturyLink (an "Augment),
CLEC will complete a subsequent Application detailing all
information regarding the modification to the Collocation Space
together with payment of the appropriate Application Augment
Fee. Such modifications to the Premises may include but are
not limited to, floor loading changes, changes necessary to meet
HVAC requirements, changes to power plant requirements, and
equipment additions. ln addition to the Application Augment Fee,
CLEC will pay all such charges billed by CenturyLink to recover
the direct costs of work performed for CLEC's benefit.
99.1.3 Where CLEC modifies the use of the Collocation Space or adds
equipment that requires no additional engineering or preparation
work on the part of Centurylink, CenturyLink will not impose
additional charges or additional intervals that would delay
CLEC's operation. CLEC will notify CenturyLink of the
modifications or additional equipment prior to installation.
lf CLEC wishes CenturyLink to consider multiple methods for collocation on a
single Application, CLEC will 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 CLEC
provides adequate information and its preferences with its Application,
CenturyLink may not require an additional Application, nor would CLEC be
required to restart the quotation interval should its first choice not be available
in a requested Premises. Only one collocation arrangement will be
provisioned per Application. CenturyLink will not select for CLEC the type of
collocation to be ordered.
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99.3
99.4
99.5
99.6
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Within ten ('10) Days after receiving CLEC's Application for collocation,
CenturyLink will inform CLEC whether the Application meets each of
CenturyLink's established collocation standards. Should CLEC submit a
revised Application curing any deficiencies in an Application for collocation
within ten Days after being informed of them, CLEC shall retain its original
position within any collocation queue that CenturyLink maintains. lf
CenturyLink informs CLEC that there is a deficiency in an Application,
CenturyLink will provide sufficient detail so that CLEC has a reasonable
opportunity to cure each deficiency.
All revisions to an initial request for a Physical Collocation Arrangement
submitted by CLEC must be in writing. A new interval for the Physical
Collocation Arrangement will be established which shall not exceed two
months beyond the originally established date. CLEC will be required to pay
any applicable Application fees.
CenturyLink shall provide confirmation of space availability within ten (10)
Days of receipt of a complete and accurate Application and applicable
Application fee for one (1) to five (5) Applications submitted. Space
availability response will be increased by five (5) Days for every five (5)
additional Applications received.
99.5.1 Centurylink will notify CLEC in writing as to whether its request
for Collocation Space has been granted or denied due to lack of
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.
After notifying CLEC that CenturyLink has no available space for Physical
Collocation in the requested Central Office (Denial of Application),
Centurylink will allow CLEC, upon request, to tour the entire Central Office
within ten (10) Days, or other mutually agreeable timeframe, of such Denial of
Application. ln order to schedule said tour the request for a tour of the
Central Office must be received by CenturyLink within five (5) Days of the
Denial of Application.
99.6.1 lf CLEC contests CenturyLink's notice that there is not sufficient
space for Physical Collocation in the Central Office, the matter
will be handled pursuant to the Dispute Resolution provisions of
this Agreement, and the parties agree to request expedited
resolution of the dispute if the dispute is ultimately submitted to
the State Commission for determination as to whether or not
CenturyLink meets the demonstration requirement of $251(c)(6)of the Act. lf the Commission determines that space is not
available, CenturyLink will not be required to conduct a review of
floor space availability in the same central office more frequently
than once every six (6) months.
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99.7
99.8
99.9
99.10
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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 CLEC on the
waiting list for collocation in a particular Premises according to
the date CLEC submitted its complete Application, together with
the applicable fee, and not the date of denial for lack of space.
99.6.3 CenturyLinkwillsimultaneouslynotifytheTelecommunications
Carriers on the waiting list when space becomes available if
there is enough space to accommodate additional collocation.
Subsequent to the granting of a Petition for Waiver, if CLEC has
been denied Physical Collocation space at a CenturyLink
Premises and challenges CenturyLink on space availability at
said Premises, CLEC will be given priority for space assignment
if, as a result of the challenge, space is found to be available.
CLEC will reaffirm its collocation request within thirty (30) Days
of such notification; otherwise, it will be dropped to the bottom of
the list. Upon request, CenturyLink will advise CLEC as to its
position on the list.
99.6.4 lf CLEC's Application for Physical Collocation is denied due to
lack of space, CenturyLink will place CLEC on the waiting list for
collocation in particular Premises according to the date CLEC
submitted its complete Application together with the applicable
fee, and not the date of denial for lack of space.
CenturyLink will provide a price quote within thirty (30) Days of receipt of a
complete and accurate single Application and applicable Application fee. The
price quote response period will be increased by one Day for every additional
Application received from CLEC on that same Day.
CLEC has thirty (30) Days from receipt of the quotation to accept the
quotation in writing. The quotation expires after thirty (30) Days. After thirty
(30) Days, a new Application and Application fee are required. Collocation
Space is not reserved until the quotation is accepted. CenturyLink need not
meet the deadlines for provisioning Physical Collocation if, after receipt of any
price quotation provided by CenturyLink, CLEC does not notify CenturyLink
that Physical Collocation should proceed.
CLEC will indicate its intent to proceed with equipment installation in a
CenturyLink Premises by accepting the price quote, which constitutes a Bona
Fide Firm Order (BFFO). lf CLEC makes changes to its Application in light of
CenturyLink's written Application Response, CenturyLink may be required to
re-evaluate and respond to the change(s). ln this event, CLEC's Application
will be treated as a revision under Section 99.4.
Space preparation for the Collocation Space will not begin until CenturyLink
receives the BFFO and all applicable fees, including all non-recurring charges
required by CenturyLink at the time of the BFFO.
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99.11 All price quotes accepted by CLEC 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.
1OO. SPAGE RESERVATION
100.1 The parties may reserve Physical Collocation space for their own specific
uses for the remainder of the current year, plus twelve (12) months in
accordance with Section 98. Neither CenturyLink, nor any of its Affiliates, will
reserve space for future use on terms more favorable than those that apply to
other Telecommunications Carriers seeking to reserve collocation space for
their own future use.
101. PROVISIONING INTERVALS
101.1 Unless otherwise agreed to by the Parties, CenturyLink will complete
construction of Caged Physical (including Shared Caged), Cageless Physical,
and Virtual Collocation arrangements within ninety (90) Days of CenturyLink's
receipt of a BFFO, unless such arrangements require special construction, in
which case the additional time necessitated by such special construction will
be specified as part of CenturyLink's quote. lf CenturyLink or CLEC is unable
to complete construction as provided herein, the parties will agree to a
mutually acceptable interval or CenturyLink may petition the Commission for
waiver.
102. CONSTRUCTION AND COMMENGEMENT OF BILLING
102.1 CenturyLink, in its sole discretion, may permit CLEC or its designated
subcontractor to perform the construction of Physical Collocation space. lf
CLEC self-provisions the construction of a Physical Collocation arrangement,
CLEC is required to contract with a CenturyLink approved Contractor to
perform all work, provided however, that any such CLEC subcontractor shall
be subject to CenturyLink's security standards. CenturyLink reserves the
right to reject any CLEC subcontractor upon the same criteria that
CenturyLink would use on its own subcontractors. CLEC will notify
CenturyLink in writing when construction of Physical Collocation space is
complete. Each Party or its agents will diligently pursue filing for the permits
required for the scope of work to be performed by that Party or its agents.
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102.3
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CenturyLink shall have the right to inspect CLEC's completed installation of
equipment and facilities prior to CLEC turning up such equipment and
facilities. CLEC shall provide written notification to Centurylink when CLEC
has completed its installation of equipment and facilities in the Collocation
space, and CenturyLink may conduct such inspection at any time within five
(5) Business Days of receipt of such notice. During such inspection,
CenturyLink will identify any non-compliant installations or deficiencies that
need to be corrected before CLEC can turn up the equipment and facilities.
CLEC shall have the right to be present at such inspection, and CLEC will
correct any non-compliant installations or deficiencies within five (5) Business
Days after the inspection and modify its installation to achieve compliance
prior to turning up its equipment and facilities.. CLEC will notify CenturyLink
when such corrections have been completed, and CenturyLink may repeat
the inspection process. CLEC may turn up its equipment and facilities if
CenturyLink does not conduct an inspection within the (5) Days after receipt
of notice that such installation or correction is complete. lf CLEC does not
turn up its equipment and facilities within sixty (60) Days after the later of (i)
CenturyLink has notified CLEC of completion of construction or (ii) the
Projected lmplementation Date as the same may be revised in accordance
with this Agreement, then CLEC shall be deemed to have cancelled its order
and the provisions of this Agreement shall apply with respect to surrender
and vacation of the Collocation Space and the disposition of any of CLEC's
equipment. Failure of CenturyLink to either inspect the Collocation space or
notify CLEC of its election not to inspect such space within the foregoing five
(5) Business Day period shall be deemed an election by CenturyLink not to
inspect such Collocation space.
To the extent Centurylink performs the construction of the Physical
Collocation Arrangement, CenturyLink shall construct the Collocated Space
in compliance with a mutually agreed to collocation request. Any deviation to
CLEC's order must thereafter be approved by CLEC. The Parties
acknowledge that CLEC approved deviations may require additional
construction time and may incur additional CLEC expenses. CLEC shall pay
the incremental cost incurred by CenturyLink as the result of any revision to
the Collocation request, which shall be subject to Section 99.4. CLEC will
pay all applicable fees, including any nonrecurring charges required by
CenturyLink, prior to CenturyLink commencing construction of the collocation
space.
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102.4
102.5
102.6
102.7
103. EQUIPMENT
103.1
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CLEC will be responsible for all extraordinary costs, as determined in
accordance with the Act, incurred by CenturyLink to prepare any Collocation
space for the installation of CLEC's equipment and for extraordinary costs to
maintain the Collocation space which may be required by Applicable Law for
CLEC's equipment on a going-forward basis. Extraordinary costs may
include costs for such items as asbestos removal, fire suppression system or
containment, modifications or expansion of cable entry facility, increasing the
DC power system infrastructure capacity, increasing the capacity of the
standby AC system (if available) or the existing commercial power facility,
conversion of non-Collocation space, compliance with federal and State
requirements, or other modifications required by local ordinances.
CenturyLink will charge for these extraordinary costs on a time-sensitive or
time-and-materials basis and will allocate the costs fairly among itself, CLEC
and other collocators. An estimate of such costs, as determined in
accordance with the Act, will be provided to CLEC prior to commencing such
work. Extraordinary costs will only be billed to CLEC if such costs have been
authorized by CLEC. CenturyLink must advise CLEC if extraordinary costs
will be incurred.
Each Party or its agents will diligently pursue filing for the permits required for
the scope of work to be performed by that Party or its agents.
Centurylink will notify CLEC when construction of a Collocation Space is
complete. The Parties will complete an acceptance walk through of each
provisioned Collocation Space. CenturyLink will commence to correct any
deviations to CLEC's original or jointly amended requirements within five (5)
Days after the walk through. lf CLEC does not conduct an acceptance walk
through within fifteen (15) Days of the notification that the Collocation Space
construction is complete, CLEC will be deemed to have accepted the
Collocation Space and billing will commence.
CLEC must submit a written request to cancel its order for Physical, Caged,
Shared Cage, Adjacent Space, or Virtual Collocation. CLEC will reimburse
CenturyLink for any actual expenses incurred and not already paid, which
may include incidental equipment costs, material ordered, provided or used;
labor; transportation, DS0, DS1 and DS3 cable and all other associated
costs.
CLEC may only locate equipment necessary for lnterconnection to
CenturyLink or accessing CenturyLink's unbundled network elements in
accordance with Applicable Rules, including but not limited to 47 USC
S251(C)(3), 47 USC 5251(CX2), and 47 C.F.R. $51.323(b-c).
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103.3
103.4
103.5
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CLEC's equipment and facilities shall not be placed or operated in such a
manner that creates hazards or causes physical harm to any individual or the
public. CLEC is responsible for the shipping and delivery of all equipment or
materials associated with the collocation arrangement, and CLEC shall
instruct equipment vendors to ship equipment or materials directly to CLEC or
their Centurylink approved contractor on CLEC's behalf. No CLEC
equipment or supplies may be delivered, other than by CLEC 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 CLEC that are more
stringent than the safety requirements it imposes on its own equipment. lf
CenturyLink denies collocation of CLEC's equipment, citing safety standards,
CenturyLink must provide to CLEC within five (5) Business Days of the 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 CLEC's equipment does not
meet NEBS Level 1 safety requirements, CLEC will be given ten (10) Days to
comply with the requirements or remove the equipment from the collocation
space. lf the parties do not resolve the dispute, the Parties may file a
complaint at the Commission seeking a formal resolution of the dispute.
While the dispute is pending, CLEC will not install said equipment.
CLEC must notify CenturyLink in writing that collocation equipment
installation is complete and is operational with CenturyLink's network. lf
CLEC fails to place operational telecommunications equipment in the
collocated space and either interconnect to CenturyLink or install UNEs to its
collocation arrangement (per 47 USC 251 $251(c)(6)) within one hundred
eighty (180) Days of CLEC's acceptance of CenturyLink's price quote, or
other time period mutually agreed to by CLEC and CenturyLink, CenturyLink
may terminate the applicable Collocation Space upon written notice. CLEC
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, DSI and DS3 cable and all
other associated costs.
lf CLEC has provisioned services to any customers without being in
compliance with the terms of this Agreement governing collocation
arrangements and the installation and operation of equipment within a
collocation arrangement, CLEC will be billed access rates for all services for
the period beginning with the installation of the services until the collocation
arrangement is brought into compliance.
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104. AUGMENTS AND ADDITIONS
104.1 When CLEC modifies the Collocation Arrangement or adds equipment that
requires no additional space preparation work on the part of CenturyLink,
CenturyLink may not impose additional charges or additional intervals that
would delay CLEC's operation. CLEC will notify CenturyLink of the
modifications or additional equipment prior to installation.
ln the event CLEC desires to modify or decommission the use of the
Collocation Space in a manner that requires additional engineering or
preparation work by CenturyLink, CLEC will complete a subsequent
Application detailing all information regarding the modification to the
Collocation Space. Such modifications to the Premises may include but are
not limited to, floor loading changes, changes necessary to meet HVAC
requirements, changes to power plant requirements, and equipment
additions. A major or minor Augments fee will apply.
104.2.1 Major Augments are those requests that include, but may not be
limited to, one or more of the following:
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,
e. require installation of cable racking or other support
structures, or
f. request additional cross connects for access to unbundled
network elements that exceed 2000 DS-Os 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.
104.2.2 Minor Augments are those requests that:
a. do not meet the requirements for a major Augment,
b. do not involve exceeding the capacity of the existing
electrical/power or HVAC system,
c. request additional cross connects for access to unbundled
network elements that use existing panels, relay racks, and
racking and do not exceed the listed major Augment cross
connect quantities, or
d. do not require power work-arounds (e.9.; changing a DC
power fuse or extending occasional use AC power
circuits).
104.2
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104.3 CLEC must submit an Application and applicable Application fee to obtain a
price quote. CLEC must provide an accurate front equipment view (a.k.a.
rack elevation drawing) specifying bay(s) for CLEC's point of termination. The
price quote will contain the charges and the construction interval for that
application. Under normal circumstances, the construction interval for
Augments will not exceed ninety (90) Days from CenturyLink's receipt of a
BFFO. lf special or major construction is required, CenturyLink will work
cooperatively with CLEC to negotiate mutually agreeable construction
intervals for Augments
105. USE OF COMMON AREAS
105.1 CLEC, its employees, agents and invitees shall have a non-exclusive right to
use those portions of the common area of the Building as are designated by
CenturyLink from time to time, including, but not limited to, the right to use
rest rooms in proximity to the Collocation Space, corridors and other access
ways from the entrance to the Building, the Collocation Space, and the
parking areas for vehicles of persons while working for or on behalf of CLEC
at the Collocation Space; provided, however, that CenturyLink shall have the
right to reserve parking spaces for CenturyLink's exclusive use or use by
other occupants of the Building. CenturyLink does not guarantee that there is
or will be sufficient parking spaces in parking areas to meet CLEC's needs.
CenturyLink does not guarantee that restroom facilities or water will be
available. All common areas shall remain under the exclusive control and
management of CenturyLink, and CenturyLink shall have the right to change
the level, location and arrangement of parking areas and other common
areas, as CenturyLink may deem necessary. Use of all common areas shall
be subject to such reasonable rules and regulations as CenturyLink may from
time to time impose, consistent with CLEC's right to access its Collocation
Space. Notwithstanding the above, CenturyLink may restrict access to such
areas or facilities on grounds of security, and CenturyLink may require that a
CenturyLink employee accompany CLEC's personnel or representatives.
CenturyLink shall impose any such requirement in such a manner so as not
to unnecessarily delay or hinder the twenty-four hours a day, seven days a
week access to CLEC's equipment and space.
CenturyLink, where water is available for its own use, shall furnish running
water from regular Building outlets for drinking, lavatory and toilet purposes
drawn through fixtures installed by CenturyLink, for the non-exclusive use of
CLEC, CenturyLink and any other Building occupant. CLEC shall not waste
or permit the waste of water.
Centurylink shall furnish Building and Premises security in accordance with
its normal business practices. Other than the locks on the entrances to the
Collocation Space, CenturyLink shall provide no security specific to CLEC's
Collocation Space. CenturyLink shall not be liable to CLEC or any other
party for loss of or damage to the Collocation Space or CLEC equipment
unless CenturyLink has failed to provide Building and Premises security in
accordance with its normal business practices.
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105.3
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105.4 CenturyLink shallfurnish, to the same extent it provides to itself and affiliates,
passenger elevator service as necessary to reach the Collocation Space or
common areas to which CLEC has access pursuant to the terms of this
Agreement twenty-four (24) hours a day, seven (7) days a week. Freight
elevator service when used by CLEC's contractors, employees or agents
shall be provided in a non-discriminatory manner as reasonably determined
by CenturyLink.
f 06. CO.CARRIER CROSS CONNECTTON
106.1
106.2
107. RATES
107.1
107.2
Co-carrier cross-connects (CCXCS) are connections between CLEC 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
CLEC's collocation arrangement to the collocation arrangement of another
Telecommunications Carrier in the same CenturyLink premises under the
terms and conditions of this Agreement. CCXC is provided at the same
transmission level from CLEC to another Telecommunications Carrier.
106.1.1 CenturyLink will provide such CCXCs for non-adjacent
collocation arrangements at the expense of CLEC per CLEC's
request. CenturyLink will provide connections between CLEC'sown non-adjacent virtual and/or Physical Collocation
arrangements within the same central office at the expense of
CLEC and provisioned per CLEC's order.
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 describedin 47 C.F.R. S51.323(kX3).
The rates for collocation are listed on Table 2.
lf CLEC is the first collocator in the CenturyLink Premises, CLEC will not be
responsible for the entire cost of site preparation and security. However,
ancillary charges for unique collocator requests for collocation options directly
attributable to the requesting collocator will not be prorated. Examples
include power arrangements, Remote Switch module related options and
POT bay-related options.
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107.3
107.4
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The rates and charges in this Agreement do not include costs for any
Americans with Disability Act (ADA) construction generated or caused by the
Physical Collocation space request. lf required, ADA construction will be
provided on an lCB. lf CenturyLink is required to upgrade a Premises, or
portion of the Premises to comply with the ADA which arises as a direct result
of CLEC's Collocation Arrangement, CenturyLink will prorate the total
forward-looking economic cost of the upgrade, and allocate the charge to
each CLEC collocated within the Premises, based on the total space utilized
by each collocated CLEC. Should CenturyLink benefit in any way
whatsoever from the ADA upgrades, it shall share in the proration of costs.
Should CenturyLink be the sole beneficiary of an upgrade (e.9., an upgrade
would have had to be made regardless of whether or not a CLEC was
collocated in the Premises), CenturyLink shall absorb all of the costs related
to such an upgrade.
Facility Modifications
107.4.1 To the extent that a modification is made for the specific benefitof any particular party, costs of modification are to be
proportionately born by those who directly benefit including the
ILEC. The cost is allocated using the proportion of the new
space occupied to the total new space made available.
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 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.
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108. CENTURYLINK SERVICES AND OBLIGATIONS
108.'1 CenturyLink shall furnish air conditioning and/or other environmental controls
for the area in which the Collocation Space is located in a manner consistent
with those provided elsewhere in the Building. CenturyLink shall furnish air
conditioning and/or other environmental controls for the Collocation Space
based on information provided by CLEC to CenturyLink in its Application
which CLEC hereby represents to CenturyLink is sufficient to allow CLEC
equipment to function without risk of harm or damage to the Collocation
Space, the Building or any equipment or facilities of CenturyLink or any other
occupant of the Building. These environmental conditions shall adhere to
Telcordia Network Equipment Building System (NEBS) standards GR-63-
CORE lssue 2 or other mutually agreed upon standards.
108.1.1 lf CLEC locates equipment or facilities in the Collocation Space
which CenturyLink determines, in the exercise of its sole
discretion, affect the temperature or other environmental
conditions otherwise maintained by CenturyLink in the Building,
CenturyLink reserves the right to provide and install
supplementary air conditioning units or other environmental
control devices in the Collocation Space, and the cost of
providing, installing, operating and maintaining any such
supplementary air conditioning units or other environmental
control devices made necessary solely by CLEC's equipment or
facilities shall be paid by CLEC to CenturyLink. lf
supplementary air conditioning units or other environmental
control devices are required for more than one CLEC each
CLEC will pay a pro-rata share of such costs, in proportion to the
space occupied by each as compared to the total space
available for collocation.
108.1.2 CLEC's refusal to be responsible for the cost of any necessary
air conditioning or other environmental controls shall constitute
acceptable grounds for denial of collocation for technical
reasons.
CenturyLink shall provide power as requested by CLEC to meet CLEC's need
for placement of equipment, lnterconnection, or provision of service; except
that CenturyLink is not obligated to Augment available DC capacity solely to
meet CLEC's needs unless CLEC offers to pay for such Augmentation and
such Augmentation can be effected within applicable engineering, building
and electrical code requirements.
108.2.1 CLEC covenants and agrees that CenturyLink shall not be liable
or responsible to CLEC for any loss, damage or expense which
CLEC may sustain or incur if either the quality or character of
electrical service is changed or is no longer suitable for CLEC's
requirements.
108.2
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108.2.2
108.2.3
108.2.4
108.2.5
108.2.6
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CLEC agrees to request in writing, via a complete and accurate
Application, all electrical needs to power its equipment. The
Application shall contain the total power needs, the date needed,
and the exact location where termination of the electrical power
shall occur. Actual power usage of CLEC's equipment shall not
exceed the requested capacity.
Central office power supplied by CenturyLink into CLEC's
equipment area shall be supplied in the form of power feeders
(cables) on cable racking into the designated CLEC equipmentarea. The power feeders (cables) shall efficiently and
economically support the requested quantity and capacity of
CLEC equipment. The termination location shall be as agreed
by the parties.
CenturyLink power equipment supporting CLEC's equipment
shall:
a. Comply with applicable industry standards (e.9., Telcordia,
NEBS and IEEE) or manufacturer's equipment power
requirement specifications for equipment installation,
cabling practices, and physical equipment layout or at
minimum, at Parity with that provided for similar
CenturyLink equipment;
b. Have redundant power feeds with physical diversity and
battery back-up as required by the equipment
manufacturer's specifications for CLEC equipment, or, at
minimum, at Parity with that provided for similar
CenturyLink equipment;
c. Provide, upon CLEC's request and at CLEC's expense, the
capability for real time access to power performance
monitoring and alarm data that impacts (or potentially may
impact) CLEC traffic;
d. Provide central office ground, connected to a ground
electrode located within the Collocated Space, at a level
above the top of CLEC equipment plus or minus two (2)
feet to the left or right of CLEC's final request; and
e. Provide feeder cable capacity and quantity to support the
ultimate equipment layout for CLEC's equipment in
accordance with CLEC's collocation request.
CenturyLink shall provide cabling that adheres to Telcordia
Network Equipment Building System (NEBS) standards GR-63-
CORE lssue 2.
Centurylink shall provide Lock Out-Tag Out and other electrical
safety procedures and devices in conformance with the most
stringent of OSHA or industry guidelines.
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108.2.7 CenturyLink will provide CLEC with written notification within ten
(10) Business Days of any scheduled DC power work or related
activity in the collocated facility that will or might cause an
outage or any type of power disruption to CLEC equipment
located in CenturyLink facility. CenturyLink shall provide CLEC
immediate notification by telephone of any emergency power
activity that would impact CLEC's equipment.
lf CenturyLink, in the exercise of its reasonable business
judgment, determines that the electricity provided to CLEC
pursuant to this Section is insufficient to support the activity
being carried on by CLEC in the Collocation Space, and thereby
poses a potential liability or additional cost to CenturyLink's own
operations, CenturyLink may require the installation of additional
electrical circuits to provide CLEC with additional electricity and
CLEC shall reimburse CenturyLink for any expenses incurred in
making such additional electrical circuits available to CLEC's
Collocation Space. CLEC shall also pay for additional electricity
provided via these circuits.
a. CLEC's refusal to be responsible for the cost of any
108.2.8
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.
108.3.1 Stand alone fire extinguishers will be provided in and about the
Building and the Collocation Space by CenturyLink as required
by applicable fire codes.
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108.3.2 CenturyLink and CenturyLink's insurance carriers will perform
regular inspections of fire protection systems, and CLEC hereby
agrees to provide CenturyLink and CenturyLink's insurance
carriers access to the Collocation Space for purposes of such
inspections, via pass key or otherwise. CenturyLink agrees to
provide CLEC with notice of its intent to access CLEC'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 CLEC, its employees, agents or invitees, in which
case CLEC shall reimburse CenturyLink for the cost of such
repair or replacement. lf a Halon or alternative fire suppression
system is in place, CLEC shall, if at fault, and at CenturyLink's
option, replace Halon or other fire extinguishing material
discharged as a result of CLEC's act or omission. CLEC shall
have no duty to inspect fire protection systems outside the
Collocation Space; provided, however, if CLEC is aware of
damage to the fire protection systems it shall promptly notify
CenturyLink.
108.3.3 CLEC is aware the Collocation Space will contain a fire
detection system and may contain a fire suppression system. ln
the event of discharge, CenturyLink is relieved of all liability for
damage to equipment or personal injury except in cases where
such damage to equipment or personal injury is due to the willful
misconduct of CenturyLink, its officers, agents or employees.
108.4 CenturyLink shall, at its sole expense, except as hereinafter provided, provide
repair and maintenance of heating, cooling and lighting equipment and
regularly scheduled refurbishment or decorating to the Collocation Space,
Building and Premises, in a manner consistent with CenturyLink's normal
business practices.
108.4.1 CenturyLink shall not be obligated to inspect the Collocation
Space, make any repairs or perform any maintenance unless
first notified of the need in writing by CLEC. lf CenturyLink shall
fail to commence the repairs or maintenance within twenty (20)
Days after written notification, provided that the delays are not
caused by CLEC, CLEC's sole right and remedy shall be, after
further notice to CenturyLink, to make such repairs or perform
such maintenance and to deduct that cost and expenses from
the Physical Collocation fees payable; provided, however, that
the amount of such deduction shall not exceed the reasonable
value of such repairs or maintenance.
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108.6
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108.4.2 CenturyLink shall, where practical, provide CLEC with twenty-
tour (24) hours prior notice before making repairs and/or
performing maintenance on the Collocation Space; provided,
however, that CenturyLink shall have no obligation to provide
such notice if CenturyLink determines, in the exercise of its sole
discretion, that such repair or maintenance must be done sooner
in order to preserve the safety of the Building or the Collocation
Space, or if required to do so by any court or governmental
authority. Work shall be completed during normalworking hours
or at other times identified by CenturyLink. CLEC shall pay
CenturyLink for overtime and for any other expenses incurred if
such work is done during other than normal working hours at
CLEC's request. CLEC shall have the right, at its sole expense,
to be present during repair or maintenance of the Collocation
Space.
108.4.3 The cost of all repairs and maintenance performed by or on
behalf of CenturyLink to the Collocation Space which are, in
CenturyLink's reasonable judgment, beyond normal repair and
maintenance, or are made necessary as a result of misuse or
neglect by CLEC or CLEC's employees, invitees or agents, shall
be paid by CLEC to CenturyLink within ten (10) Days after being
billed for the repairs and maintenance by CenturyLink.
CenturyLink shall provide CLEC with notice via emailthree (3) Business Days
prior to those instances where CenturyLink or its subcontractors perform work
which is known to be a Service Affecting activity. CenturyLink will inform
CLEC by e-mail of any unplanned service outages. Notification of any
unplanned service outages shall be made as soon as practicable after
CenturyLink learns that such outage has occurred.
CenturyLink reserves the right to stop any service when CenturyLink deems
such stoppage necessary by reason of accident or emergency, or for repairs,
improvements or otherwise; however, Centurylink agrees to use its best
efforts not to interfere with CLEC's use of Collocation Space. CenturyLink
does not warrant that any service will be free from interruptions caused by
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 CLEC's use of the Collocation Space or any part
thereof, or render CenturyLink liable to CLEC for damages, by
abatement of CLEC Fees or otherwise, except as set forth in the
Tariff, or relieve CLEC from performance of its obligations under
this Agreement. CLEC hereby waives and releases all other
claims against CenturyLink for damages for interruption or
stoppage of service
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108.7 CenturyLink shall have access to CLEC's Physical Collocation Space at all
times, via pass key or otherwise, to allow CenturyLink to react to
emergencies, to maintain the space (not including CLEC's equipment), and to
monitor compliance with the rules and regulations of the Occupational Health
and Safety Administration or CenturyLink, or other regulations and standards
including but not limited to those related to fire, safety, health, and
environmental safeguards. lf a secure enclosure defining the location of
CLEC's Collocation Space has been established, and if conditions permit,
CenturyLink will provide CLEC with notice (except in emergencies) of its
intent to access the Collocation Space, thereby providing CLEC the option to
be present at the time of access. CLEC shall not attach, or permit to be
attached, additional locks or similar devices to any door or window, nor
change existing locks or the mechanism thereof.
108.7.1 CenturyLink may enter the Collocation Space for the purposes
of examining or inspecting same and of making such repairs or
alterations as CenturyLink deems necessary. CLEC hereby
waives any claim for damage, injury, interference with CLEC's
business, any loss of occupancy or quiet enjoyment of the
Collocation Space, and any other loss occasioned by the
exercise of CenturyLink's access rights, except in the event such
damages result solely from the willful misconduct of
CenturyLink.
CenturyLink may use any means CenturyLink may deem properto open Collocation Space doors or enclosures in an
emergency. Entry into the Collocation Space obtained by
CenturyLink by any such means shall not be deemed to be
forcible or unlaMul entry into or a detainment of or an eviction of
CLEC from the Collocation Space or any portion thereof.
109. CLEC'SOBLIGATIONS
109.1 CLEC shall regularly inspect the Collocation Space to ensure that the
Collocation Space is in good condition. CLEC shall promptly notify
CenturyLink of any damage to the Collocation Space or of the need to
perform any repair or maintenance of the Collocation Space, fixtures and
appurtenances (including hardware, heating, cooling, ventilating, electrical,
and other mechanicalfacilities in the Collocation Space). CLEC shall provide
regular janitorial service to its Collocation Space and keep the Collocation
Space clean and trash free.
CLEC agrees to abide by all of CenturyLink's security practices for non-
CenturyLink employees with access to the Building, including, without
limitation:
109.2.1 CLEC must obtain non-employee photo identification cards for
each CLEC employee or vendor. Temporary identification cards
may otherurise be provided by CenturyLink for employees or
agents, contractors and invitees of CLEC who may require
occasional access to the Collocation Space.
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109.2
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109.2.3
109.2.4
109.2.5
109.2.6
109.2.7
109.2.8
109.2.9
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CLEC will supply to CenturyLink the completed access form for
employees or approved vendors who require access to the
Premises. CenturyLink may reasonably deny access to any
person into the Building. CenturyLink's objections will be
consistent with the grounds for denying access to personnel of
its own contractors or for denying employment directly with
CenturyLink. CenturyLink may issue security cards, codes, or
keys to CLEC's listed employees or vendors where such
systems are available and their use by CLEC will not otherwise
compromise Building security. The rate for the issuance of
security cards is listed on Table 2.
CLEC is responsible for returning identification and security
cards, codes, or keys of its terminated employees or its
employees who no longer require access to the Collocation
Space. All cards, codes, or keys must be returned upon
termination of the applicable Collocation Space. CLEC will
reimburse CenturyLink actual costs due to unreturned or
replacement cards, codes, or keys.
ln the event that a key is lost, CLEC is responsible for costs
associated with recoring locks and reissuing keys to CenturyLink
and other parties authorized to access the Premise.
CLEC's employees, agents, invitees and vendors must display
identification cards at alltimes.
CLEC will assist CenturyLink in validation and verification of
identification of its employees, agents, invitees and vendors by
providing a telephone contact available twenty-four (24) hours a
day, seven (7) days a week to verify identification.
Removal of all furniture, equipment or similar articles will be
based on local Centurylink security practices. These security
practices will not be more stringent for CLEC than CenturyLink
requires for its own employees or CenturyLink's contractors.
Before leaving the Collocation Space unattended, CLEC shall
close and securely lock all doors and windows and shut off
unnecessary equipment in the Collocation Space. Any injury to
persons or damage to the property of CenturyLink or any other
party with equipment in the Building resulting from CLEC's
failure to do so shall be the responsibility of CLEC. CLEC will
defend and indemnify CenturyLink from and against any claim
by any person or entity resulting in whole or in part from CLEC's
failure to comply with this Section.
CLEC agrees that CenturyLink may provide a security escort for
Physical Collocation, at no cost or undue delay to CLEC, to
CLEC personnel while on CenturyLink Premises. While such
escort shall not be a requirement to CLEC's entry into the
Building, CLEC must allow the security escort to accompany
CLEC personnel at all times and in all areas of the Building,
including the Collocation Space, if so requested.
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109.4
109.5
109.6
109.7
109.8
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109.2.10 CLEC shall post in a prominent location visible from the common
Building area, the names and telephone numbers of emergency
contact personnel along with names and telephone numbers of
their superiors for twenty-four (24) hour emergency use by
Centurylink. CLEC shall promptly update this information as
changes occur.
CLEC will provide CenturyLink with written notification within ten (10)
Business Days of any scheduled DC power work or related activity in the
collocated facility that will or might cause an outage or any type of power
disruption to CenturyLink equipment located in CLEC facility. CLEC shall
provide CenturyLink immediate notification by telephone of any emergency
power activity that would impact CenturyLink equipment.
CLEC shall not provision and/or install Uninterruptible Power Supply (UPS)
systems within the CenturyLink Premises. The customer is permitted to
install lnverted Power Systems if and only if documented compliance with
National Equipment Building Standards (NEBS) lll and Listing by
Underwriters Laboratory (UL) has been met.
CLEC shall not place Electro-Chemical Storage Batteries of any type inside
the Collocation Space.
CLEC shall provide CenturyLink with written notice three (3) Business Days
prior to those instances where CLEC or its subcontractors perform work,
which is to be a known Service Affecting activity. CLEC will inform
CenturyLink by e-mail of any unplanned service outages. The parties will
then agree upon a plan to manage the outage so as to minimize customer
interruption. Notification of any unplanned service outage shall be made as
soon as practicable after CLEC learns that such outage has occurred so that
CenturyLink can take any action required to monitor or protect its service.
CLEC may, at its own expense, install and maintain regular business
telephone service in the Collocation Space. lf requested by CLEC and at
CLEC's expense, CenturyLink will provide basic telephone service with a
connection jack in the Collocation Space.
CLEC shall, with the prior written consent of CenturyLink, have the right to
provide additional fire protection systems within the Collocation Space;
provided, however, that CLEC may not install or use sprinklers or carbon
dioxide fire suppression systems within the Building or the Collocation Space.
109.8.1 lf any governmental bureau, department or organization or
CenturyLink's insurance carrier requires that changes or
modifications be made to the fire protection system or that
additional stand alone fire extinguishing, detection or protection
devices be supplied within that portion of the Building in which
the Collocation Space of CLECs in general are located, such
changes, modifications, or additions shall be made by
CenturyLink and CLEC shall reimburse CenturyLink for the cost
thereof in the same proportion as the size of CLEC's Collocation
Space as compared to the total available collocation space in
the affected portion of the Building.
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109.9 CLEC shall identify and shall provide advance notification to CenturyLink in
writing of any Hazardous Materials CLEC wants to bring onto the Premises,
and will provide CenturyLink copies of any inventories or other data provided
to State Emergency Response Commissions (SERCS), Local Emergency
Planning Committees (LEPCS), or any other governmental agencies if
required by the Emergency Planning and Community Right to Know Act (41
USC 51 1001 , et seq.). CLEC, its agents and employees shall transport, store
and dispose of Hazardous Materials in accordance with all applicable federal,
State or local laws, ordinances, rules and regulations. CLEC will promptly
notify CenturyLink of any releases of Hazardous Materials and will copy
CenturyLink on any notification of or correspondence with any governmental
agency which may be required by any environmental law as a result of such
release.
'109.9.1 CLEC shall provide CenturyLink copies of all Material Safety
Data Sheets (MSDSS) for materials or chemicals regulated
under the OSHA Hazard Communication Standard (29 C.F.R.
51910.1200) that are brought onto the property. All such
materials shall be labeled in accordance with 29 C.F.R.
51910.1200 and applicable State regulations if such regulations
are more stringent.
109.9.2 lf CenturyLink discovers that CLEC has brought onto
CenturyLink's Premises Hazardous Materials without
notification, or is storing or disposing of such materials in
violation of any applicable environmental law, CenturyLink may,
at CenturyLink's option and without penalty, terminate the
applicable Collocation Space or, in the case of pervasive
violation, this Agreement or suspend performance hereunder.
CLEC shall be responsible for, without cost to CenturyLink, the
complete remediation of any releases or other conditions caused
by its storage, use or disposal of Hazardous Materials. CLEC
shall also be responsible for removing and disposing of all
Hazardous Materials on its Collocation Space at the termination
of the applicable Collocation Space or this Agreement. lf
CenturyLink elects to terminate the applicable Collocation Space
or this Agreement or discontinue the performance of services
hereunder due to the storage, use or disposal of Hazardous
Materials contrary to the terms of this Agreement, CLEC shall
have no recourse against CenturyLink and shall be responsible
for all costs and expenses associated with such termination or
suspension of service in addition to being responsible for any
remedies available to CenturyLink for defaults under this
Agreement.
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109.10.2
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109.9.3 CLEC shall indemnify and hold harmless CenturyLink, its
successors and assigns against, and in respect of, any and all
damages, claims, losses, liabilities and expenses, including,
without limitation, all legal, accounting, consulting, engineering
and other expenses, which may be imposed upon, or incurred
by, CenturyLink or asserted against CenturyLink by any other
party or parties (including, without limitation, CenturyLink's
employees and/or contractors and any governmental entity)
arising out of, or in connection with, CLEC's use, storage or
disposal of Hazardous Materials.
For purposes of this Section, "Hazardous Materials" shall mean
any toxic substances and/or hazardous materials or hazardous
wastes (including, without limitation, asbestos) as defined in, or
pursuant to, the OSHA Hazard Communication Standard
(29 C.F.R. S1910, 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 (15USC $2601, et seq.), the Comprehensive
Environmental Response, Compensation and Liability Act
(42 USC 59601, et seq.) or any other federal, State or local
environmental law, ordinance, rule or regulation. The provisions
of this Section shall survive the termination, cancellation,
modification or recession of this Agreement.
109.9.4
109.10 CLEC shall not do or permit anything to be done upon the Collocation Space,
or bring or keep anything thereon which is in violation of any federal, State or
local laws or regulations (including environmental laws or regulations not
previously described), or any rules, regulations or requirements of the local
fire department, Fire lnsurance Rating Organization, or any other similar
authority having jurisdiction over the Building. CLEC shall not do or permit
anything to be done upon the Collocation Space which may in any way createa nuisance, disturb, endanger, or 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 CLEC shall not exceed the Uniformly Distributed Live Load
Capacity. CenturyLink shall evaluate and determine Live Load
Capacity rating on a site specific basis prior to equipment
installation. CLEC agrees to provide CenturyLink with
equipment profile information prior to installation authorization.
CLEC shall not paint, display, inscribe or affix any sign,
trademark, picture, advertising, notice, lettering or direction on
any part of the outside or inside of the Building, or on the
Collocation Space, without the prior written consent of
CenturyLink.
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'109.10.3
109.10.4
109.10.5
109.10.6
109.10.7
109.10.8
109.10.9
109.10.10
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CLEC shall not use the name of the Building or CenturyLink for
any purpose other than that of the business address of CLEC, or
use any picture or likeness of the Building on any letterhead,
envelope, circular, notice, or advertisement, without the prior
written consent of CenturyLink.
CLEC shall not exhibit, sell or offer for sale, rent or exchange in
the Collocation Space or on the Premises any article, thing or
service except those ordinarily embraced within the use of the
Collocation Space as specified in this Agreement without the
prior written consent of CenturyLink.
CLEC shall not place anything or allow anything to be placed
near the glass of any door, partition or window which
CenturyLink determines is unsightly from outside the Collocation
Space; take or permit to be taken in or out of other entrances of
the Building, or take or permit to be taken on any passenger
elevators, any item normally taken through service entrances or
elevators; or whether temporarily, accidentally, or otherwise,
allow anything to remain in, place or store anything in, or
obstruct in any way, any passageway, exit, stairway, elevator, or
shipping platform. CLEC shall lend its full cooperation to keep
such areas free from all obstruction and in a clean and neat
condition, move all supplies, furniture and equipment directly to
the Collocation Space as soon as received, and move all such
items and waste, other than waste customarily removed by
employees of the Building.
CLEC shall not, without the prior written consent of CenturyLink
install or operate any lead-acid batteries, refrigerating, heating orair conditioning apparatus in the Collocation Space.
CenturyLink may, in its sole discretion, withhold such consent, or
impose any condition in granting it, and revoke its consent at
will.
CLEC shall not use the Collocation Space for meeting, housing,
lodging or sleeping purposes.
CLEC shall not eat, drink, or smoke in the Collocation Space.
CLEC shall not bring any animals to the collocation space
except those used by the visually impaired. ln the case of such
a need, advance notice is required.
CLEC, 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 thesafety, environmental protection, care,
cleanliness and/or preservation of the good order
of the Building, the Premises and the Collocation
Space and its tenants and occupants, and
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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.
109.11 CLEC shall not make installations, alterations or additions in or to the
Collocation Space without submitting plans and specifications to CenturyLink
and securing the prior written consent of CenturyLink in each instance.
CenturyLink's consent shall not be unreasonably withheld or unduly delayed
for non-structural interior alteration to the Collocation Space that do not
adversely affect the Building's appearance, value, structural strength and
mechanical integrity. Such work shall be done at the sole expense of CLEC.
109.11.1 All installations, alterations and additions shall be constructed
in a good and workmanlike manner and only new and good
grades of material shall be used, and shall comply with all
insurance requirements, governmental requirements, and
terms of this Agreement. Work shall be performed at such
times and in such manner as to cause a minimum of
interference with CenturyLink's transaction of business. CLEC
shall permit Centurylink to inspect all construction operations
within the Collocation Space.
a. CLEC shall not cut or drill into, drive nails or screws
into, install conduit or wires, or in any way deface any
part of the Collocation Space or the Building, outsideor inside, without the prior written consent of
CenturyLink.
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 CLEC or others shall become the
property of CenturyLink, and shall remain upon and be
surrendered with the Collocation Space. Upon termination of
this Agreement, however, CenturyLink shall have the right to
require CLEC to remove such fixtures and installations,
alterations or additions at CLEC's expense, and to surrender the
Collocation Space in the same condition as it was prior to the
making of any or all such improvements, reasonable wear and
tear excepted.
109.1 1.3 All fixtures and other equipment to be used by CLEC in, about or
upon the Collocation Space shall be subject to the prior written
approval of Centurylink, which shall not be unreasonably
withheld.
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109.12 Fireproofing Policy. lf CLEC desires signal, communications, alarm or other
utility or service connections installed or changed, the same shall be made by
and at the expense of CLEC. CenturyLink shall have the right of prior
approval of such utility or service connections, and shall direct where and
how all connections and wiring for such service shall be introduced and run.
In all cases, in order to maintain the integrity of the Halon space for proper
Halon concentration, and to ensure compliance with CenturyLink's
fireproofing policy, any penetrations by CLEC, whether in the Collocation
Space, the Building or otherwise, shall be sealed as quickly as possible by
CLEC with CenturyLink-approved fire barrier sealants, or by CenturyLink at
CLEC's cost.
Equipment Grounding. CLEC equipment shall be connected to CenturyLink's
grounding system.
Representations and Warranties. CLEC hereby represents and warrants that
the information provided to CenturyLink in any Application or other
documentation relative to CLEC's request for telecommunications facility
lnterconnection and Central Office Building collocation as contemplated in
this Agreement is and shall be true and correct, and that CLEC has all
necessary corporate and regulatory authority to conduct business as a
Telecommunications Carrier. Any violation of this Section shall be deemed a
material breach of this Agreement.
110. BUILDING RIGHTS
110.1 CenturyLink may, without notice to CLEC:
110.1.1 Change the name or street address of the Premises;
110.1.2 lnstall and maintain signs on the exterior and interior of the
Premises or anywhere on the Premises;
110.1.3 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;
110.1.4 Have pass keys or access cards with which to unlock alldoors in
the Collocation Space, excluding CLEC's safes;
110.1.5 Reduce heat, light, water and power as required by any
mandatory or voluntary conservation programs;
110.1.6 Approve the weight, size and location of safes, computers and
all other heavy articles in and about the Collocation Space and
the Building, and to require all such items and other office
furniture and equipment to be moved in and out of the Building
or Collocation Space only at such times and in such a manner
as CenturyLink shall direct and in all events at CLEC's sole risk
and responsibility;
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109.14
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110.1.7 At any time, to decorate and to make, at its own expense,
repairs, alterations, additions and improvements, structural or
otherwise, in or to the Collocation Space, the Premises, or any
part thereof (including, without limitation, the permanent or
temporary relocation of any existing facilities such as parking
lots or spaces), and to perform any acts related to the safety,
protection or preservation thereof, and during such operations to
take into and through the Collocation Space or any part of the
Premises all material and equipment required, and to close or
suspend temporarily operation of entrances, doors, corridors,
elevators or other facilities. CenturyLink shall limit inconvenience
or annoyance to CLEC as reasonably possible under the
circumstances;
110.1.8 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;
110.1.9 Grant to anyone the exclusive right to conduct any business or
render any service on the Premises, provided such exclusive
right shall not operate to exclude CLEC from the use expressly
permitted by this Agreement, unless CenturyLink exercises its
right to terminate this Agreement with respect to all or a portion
of the Collocation Space;
'1 10.1 .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 CLEC's
right to access.
lf the owner of the Building or CenturyLink sells, transfers or assigns any
interest in the Building, or there is any material change in the Lease to which
the Building is subject, and such sale, transfers assignment or material
change in the Lease gives rise to an obligation which is inconsistent with this
Agreement, CenturyLink's performance under this Agreement shall be
excused to the extent of the inconsistency. CenturyLink hereby agrees that it
will use its reasonable efforts to avoid any such inconsistency; provided,
however, that this obligation shall in no way obligate CenturyLink to incur any
out of pocket expenses in its efforts to avoid such inconsistencies.
This Agreement shall at all times be subject and subordinate to the lien of any
mortgage (which term shall include all security instruments) that may be
placed on the Collocation Space and CLEC agrees, upon demand, to
execute any instrument as may be required to effectuate such subordination.
111. INDEMNIFICATION
111.1 CLEC shall indemnify, defend, save and hold CenturyLink harmless from any
and all claims arising from:
111.1.1 CLEC's use of the Collocation Space;
111.1.2 the conduct of CLEC's business or from any activity, work or
things done, permitted or suffered by CLEC in or about the
Collocation Space or elsewhere;
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1 10.3
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112. PARTIALDESTRUCTION
112.1
112.2
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111.1.3 any claims, liens, demands, charges, encumbrances, litigation and
judgments arising directly or indirectly out of any use, occupancy
or activity of CLEC, or out of any work performed, material
furnished, or obligations incurred by CLEC in, upon or otherwise in
connection with the Collocation Space. CLEC shall give
CenturyLink written notice at least ten (10) Business Days prior to
the commencement of any such work on the Collocation Space in
order to afford CenturyLink the opportunity of filing appropriate
notices of non-responsibility. However, failure by CenturyLink to
give notice does not reduce CLEC's liability under this Section;
111.1.4 lf any claim or lien is filed against the Collocation Space, or any
action or proceeding is instituted affecting the title to the
Collocation Space, CLEC shall give CenturyLink written notice
thereof as soon as CLEC obtains such knowledge;
111.1.5 CLEC shall, at its expense, within thirty (30) Days after filing of
any lien of record, obtain the discharge and release thereof or
post a bond in an amount sufficient to accomplish such discharge
and release. Nothing contained herein shall prevent CenturyLink,
at the cost and for the account of CLEC, from obtaining such
discharge and release if CLEC fails or refuses to do the same
within the thirty-day period;
111.1.6 lf CLEC has first discharged the lien as provided by law, CLEC
may, at CLEC's expense, contest any mechanic's lien in any
manner permitted by law.
lf the Collocation Space or a portion thereof sufficient to make the Collocation
Space substantially unusable shall be destroyed or rendered unoccupiable by
fire or other casualty, CenturyLink may, at its option, restore the Collocation
Space to its previous condition. CLEC's rights to the applicable Collocation
Space shall not terminate unless, within ninety (90) Days after the occurrence
of such casualty, CenturyLink notifies CLEC of its election to terminate
CLEC's rights to the applicable Collocation Space. lf CenturyLink does not
elect to terminate CLEC's rights to the applicable Collocation Space,
CenturyLink shall repair the damage to the Collocation Space caused by
such casualty.
Notwithstanding any other provision of this Agreement to the contrary, if any
casualty is the result of any act, omission or negligence of CLEC, its agents,
employees, contractors, CLECs, customers or business invitees, unless
CenturyLink otherwise elects, CLEC's rights to the applicable Collocation
Space shall not terminate, and, if CenturyLink elects to make such repairs,
CLEC shall reimburse CenturyLink for the cost of such repairs, or CLEC shall
repair such damage, including damage to the Building and the area
surrounding it, and the contractual monthly fees paid by CLEC for the
affected collocation shall not abate.
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112.3 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) Days of such casualty, terminate CLEC's rights to the applicable
Collocation Space by giving written notice of its intent to terminate CLEC's
rights to the applicable Collocation Space. The termination as provided in
this paragraph shall be effective thirty (30) Days after the date of the notice.
113. EMINENT DOMAIN
113.1 lf the Premises, or any portion thereof which includes a substantial part of the
Collocation Space, shall be taken or condemned by any competent authority
for any public use or purpose, CLEC's rights to the applicable Collocation
Space shall end upon, and not before, the date when the possession of the
part so taken shall be required for such use or purpose. lf any condemnation
proceeding shall be instituted in which it is sought to take or damage any part
of the Premises, or if the grade of any street or alley adjacent to the Premises
is changed by any competent authority and such change of grade makes it
necessary or desirable to remodel the Premises to conform to the changed
grade, CenturyLink shall have the right to terminate CLEC's rights to the
applicable Collocation Space upon not less than thirty (30) Days notice prior
to the date of cancellation designated in the notice. No money or other
consideration shall be payable by CenturyLink to CLEC for such cancellation,
and CLEC shall have no right to share in the condemnation award or in any
judgment for damages caused by such eminent domain proceedings
114. BANKRUPTCY
114.1 lf any voluntary or involuntary petition or similar pleading under any section or
sections of any bankruptcy act shall be filed by or against CLEC, or any
voluntary or involuntary proceeding in any court or tribunal shall be instituted
to declare CLEC insolvent or unable to pay CLEC's debts, or CLEC makes
an assignment for the benefit of its creditors, or a trustee or receiver is
appointed for CLEC or for the major part of CLEC's property, CenturyLink
may, if CenturyLink so elects but not otherwise, and with or without notice of
such election or other action by CenturyLink, forthwith terminate this
Agreement.
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115. ASBESTOS
115.1 CLEC is aware the Premises in which the Collocation Space is located may
contain or have contained asbestos or asbestos containing building materials,
and CLEC is hereby notified that the Premises in which the Collocation
Space is located may contain asbestos or asbestos containing building
material (ACBM). CLEC agrees that it is responsible for contacting the
appropriate CenturyLink manager responsible for the Premises to determine
the presence, location and quantity of asbestos or ACBM that CLEC's
employees, agents, or contractors may reasonably expect to encounter while
performing activities in the Premises. CLEC shall not have responsibility or
liability for any damages, expenses, costs, fees, penalties of any kind arising
out of, or in connection with, or resulting from the disturbance of asbestos or
ACBM in the Premises unless such disturbance arises out of or in connection
with, or results from CLEC's use of the Collocation Space or placement of
equipment onto ACBM or into areas containing asbestos identified by
CenturyLink. CenturyLink agrees to provide CLEC reasonable notice prior to
undertaking any asbestos control, abatement, or other activities which may
disturb asbestos or ACBM that could potentially affect CLEC's equipment or
operations in the Collocation Space, including but not limited to the
contamination of such equipment. CenturyLink will not have responsibility or
liability for any damages, expenses, costs, fees, penalties of any kind arising
out of, or in connection with the presence of asbestos in CenturyLink
Premises.
116. MISCELLANEOUS
116.1 CLEC warrants that it has had no dealings with any broker or agent in
connection with this Agreement, and covenants to pay, hold harmless and
indemnify CenturyLink from and against any and all cost, expense or liability
for any compensation, commissions and charges claimed by any broker or
agent with respect to this Agreement or the negotiation thereof.
Submission of this instrument for examination or signature by CenturyLink
does not constitute a reservation of or option for license and it is not effective,
as a license or othenvise, until execution and delivery by both CenturyLink
and CLEC.
Neither CenturyLink nor its agents have made any representation or
warranties with respect to the Collocation Space of this Agreement except as
expressly set forth herein; no rights, easements, or licenses shall be acquired
by CLEC by implication or othenruise unless expressly set forth herein.
ln the event of work stoppages, CenturyLink may establish separate
entrances for use by personnel of CLEC. CLEC shall comply with any
emergency operating procedures established by CenturyLink to deal with
work stoppages.
116.2
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116.4
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ARTICLE X. PRICING
117. GENERAL PRICING TERMS
117.1 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.
118. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS
118.1 lnterconnection. Every lnterconnection and service provided by CenturyLink,
whether direct or indirect, shall be subject to all rates, terms and conditions
contained in this Agreement, which are legitimately related to such
lnterconnection or service, including rates set forth in this Article, as in
applicable Tariffs, or as specified by the lnterconnection terms.
Unbundled Network Elements. The charges that CLEC shall pay to
CenturyLink for Unbundled Network Elements are set forth in Table 1 of this
Agreement.
Collocation. The charges that CLEC shall pay to Centurylink for Collocation
are set forth in Table 2 of this Agreement.
119. APPLICATION OF NON RECURRING CHARGES
119.1 Pre-ordering:
119.1.1 "Account Establishment" is a one-time charge applied the first
time that CLEC orders any service from a CenturyLink Affiliate
that is a Party to this Agreement.
119.1.2 "Customer Record Search" applies when CLEC requests a
summary of the services currently subscribed to by the End User
Customer.
A Service Order Charge for all LSRs (including Number Portability and NID
LSRs) will be applicable when submitting a 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.
Custom Handling. These NRCs are in addition to any Pre-ordering or
Ordering and Provisioning NRCs:
119.3.1 "Service Order Expedite" applies if CLEC requests service prior
to the standard due date intervals.
119.2
119.3
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118.2
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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 CLEC to perform the completion of a
Local Service Request order.
119.3.3 "Time and Materials" charges apply for non-standard or
individual-case-basis work requested by CLEC.
119.3.4 "NlD Outside Facility Connection" applies in addition to the ISO
when incremental fieldwork is required.
120. NON-RECURRTNG GHARGES (NRCS) FOR RESALE SERVTCES
NRCs, other than those for Pre-ordering and Custom Handling specifically
listed in this attachment, will be charged from the appropriate retailTariff.
For subscriber conversions requiring coordinated cut-over activities,
coordinated hot cut charges will apply on a per order basis in addition to all
other appropriate charges.
121. TO BE DETERMTNED (TBD) PRTCES
121.2
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.
122. TNDTVTDUAL CASE BASIS PRTCTNG (rCB)
lndividual Case Basis (lCB) pricing will be provided by CenturyLink upon
request from CLEC for customer specific rates or terms for network services
and features for UNEs that are not othenrvise provided for in this Agreement.
CenturyLink will process ICB Pricing requests upon receipt from CLEC.
CenturyLink will provide CLEC 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.
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120.2
121.1
122.1
122.2
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ARTICLE XI. MISCELLANEOUS
123. AUTHORIZATION AND AUTHORIW
123.1
123.2
123.3
124. COUNTERPARTS
124.1
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Each person whose signature appears on this Agreement represents and
warrants that he or she has authority to bind the Party on whose behalf he or
she has executed this Agreement. Each Party represents it has had the
opportunity to consult with legal counsel of its choosing, and CLEC has not
relied on CenturyLink's counsel or on representations by CenturyLink's
personnel not specifically contained in this Agreement in entering into this
Agreement.
CenturyLink represents and warrants that it is a validly existing legal entity
and in good standing under the laws of the State and has full power and
authority to execute and deliver this Agreement and to perform its obligations
under this Agreement.
CLEC represents and warrants that it is a validly existing legal entity and in
good standing under the laws of the State, and has full power and authority to
execute and deliver this Agreement and to perform its obligations under this
Agreement.
This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one and
the same instrument.
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SIGNATURE PAGE
lN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed and
accepted by its duly authorized representatives.
Electric Lightwave LLC
CenturyTel of ldaho, lnc. d/b/a CenturyLink
CenturyTel of the Gem State, lnc.
d/b/a GenturyLink
By:
Name:
Title:
Date:
Douglas K. Denney
Vice President Costs and Policy
t-05E9FC6EBD57{54...
-1I t ru*a*.,.* I
By:
Name: L.T. Christensen
Director - Wholesale ContractsTitle:
Date:8/27 /20L48/27 /20L4
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TABLE 1
KEY CODES March 2014. CENTURYLINK RATE SHEET
t::t:tt::.t::'::,.,:,A6,^o/lJl{f ESTABLISHi,IENTiCIIARGE :,.,. r :MRC :'l{Rc'
Account Establishment $224.07
CUSTOMER RECORD SEARCI{ CHARGES irRc ,NRC
Customer Record Search - Manual $11.67
Customer Record Search - Electronic $3.23
, illi,,r,,llti,. ItlRC liil,ir,NBC
Resale Discount 15.86%
USAGE FILE CTIARGES:::MRC NRC
Messaoe Provisionino. Der messaqe $0.000581
Data Transmission. oer messaqe $0.000000
Media Charqe - per CD (Price reflects shippinq via reqular U.S. Mail)$18.00
OTHER CHARGES MRC NRCrr
Temnorarv Susoension of Service for Resale - SUSPEND s0.00
Temoorarv Susoension of Service for Resale - RESTORE $21.00
PIC Chanqe Charqe, per change Per Tariff
Ooerator Assistance i Directorv Assistance Brandino tcB
UNE LOOP. TAG & LABELI RESALE,TTAG & LABEL MRC NRC
r0005 Tao and Label on a reinstall looo or an existino looo or resale $13.07
'TRIP CHARGE:,r,:.,':MRC iI{RC
10007 Trio Charoe $27.16
SERVICE ORDER' INSTALLATION
'
REPAIR itRc NRC
r0008 Service Order Requests for LSR - Simple s9.23
r0009 Service Order Requests for LSR - Complex $41.08
t00 10 Service Order Requests for DSR - Directory Listing Only $5.64
t0014 2-Wire Loop Cooperative Testinq $57.22
t0015 4-Wire Loop Cooperative Testing $70.29
t0016 Trouble lsolation Charge $73.32
Coordinated Conversion (Hot Cut)
First Quarter Hour s19.32
Additional Quarter Hour s't 9.32
Custom Handllrio
Exoedite Charqes per Access Tariff
Special
Access Tariff
Time and Materials rcB
UNE to Special Access or Special Access to UNE Conversions or Migrations(includes EEL)
t0018 DS1 Looo. oercircuit $100.55
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NID Outside Facilities Connection
LOOPS {RATES INCLUDE NID CHARGE)
T-083 CenturvTel of ldaho: lnc,, lD rl',il.r:,,ri
Second Line and Each Additional Line (same time
Second Line and Each Additional Line
Re-install (Cut Thru and DedicatedA/
Second Line and Each Additional Line
Second Line and Each Additional Line (same time
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2-Wire ISDN-BRI Diqital Loop
10074 State-wide $222.86
r0075
t0076
t0077
t0081 First Line $1 18.19
10082 Second Line and Each Additional Line (same time)$35.20
10083 Disconnect $s9.67
Dioital 56k/64k LooD
r0094 State-wide sl 13.88
t0095
t0096
r0097
t0101 First Line $274.09
t0102 Second Line and Each Additional Line (same time)$191.10
t0103 Disconnect $s9.67
DSI Service
t0 04 Band 1 $117.48
t0 05 Band 2 $202.65
t0 06 Band 3 $720.09
t0 07 Band 4
t0111 First Line $381.10
t0112 Second Line and Each Addilional Line (same time)$298.10
t0113 Disconnect $s9.67
DS3 Service
Add DS3 to existino fiber svstem tcB $147.88
Disconnect $26.04
suB'loops idiEs rr.rcr-ubr'Nrp cnAiGit
T-083 GenturvTel of ldaho. lnc.. lD MRC NRC
Sub-Looos lnterconnection (Stub Cable)rcB
2 Wire Voice Grade and Dioital Data Distribution
r01 14 Band'l s31.05
r01 15 Band 2 s71.',17
t0116 Band 3 s120.ss
10117 Band 4
10121 First Line $1 19.93
10122 Second Line and Each Additional Line (same time)$36.93
t0123 Disconnect $63.18
LOOPS (RATES TNCLUDE NrD CHARGE)
T-148 CenturyTel of the Gem State - ldaho. lnc.. lO MRC NRC
2-Wire Analoq
0020 Band 1 $291.43
o021 Band 2 $0.00
0022 Band 3 $0.00
0023 Band 4
too27 First Line $115.45
r0028 Second Line and Each Additional Line (same time)$32.45
r0029 Re-install (Cut Thru and DedicatedA/acant)$54.79
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Disconnect
Second Line and Each Additional Line
Second Line and Each Additional Line
Second Line and Each Additional Line (same time
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t0111 First Line
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$381.10
to112 Second Line and Each Additional Line (same time)$298.1 0
t0'1 '13 Disconnect $59.57
DS3 Service
Add DS3 to existino fiber svstem lcB $147.88
Disconnect $26.04
SUB LOOPS, TRATES INCLUDE NID CHARGE)
T-148 CenturvTel of the Gem State - ldaho. lnc.. !D MRC NRC
Sub-Loops Interconnection (Stub Cable)tcB
2 Wire Voice Grade and Diqital Data Distribution
1o114 Band 1 $93.20
101 15 Band 2 $0.00
101 16 Band 3 $0.00
10117 Band 4
to121 First Line $1 19.93
10122 Second Line and Each Additional Line (same time)$36.93
t0123 Disconnect $63.18
LOOP CONDITIONING MRC NRC
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 -
orice reflects 25 oair economies)s7.08
t0219 Conditionino Enoineerino Charoe - oer looo $73.70
t0220 Conditionino Trio Charqe - per loop $27.16
The following charges apply to all loops of any length that require Bridged
Tap or Repeater removal.
Load Coil Removal: Loops 18kft or longer
1o221 Unload cable pair, per Underground location s174.82
10222 Unload Addt'l cable oair. UG same time. same location and cable $1.06
t0223 Unload cable oair. oerAerial Location $72.30
t0224 Unload Addt'l cable pair. AE or BU, same time. location and cable $1.06
10225 Unload cable Dair. per Buried Location $102.6s
Bridqed Tap or Repeater Removal - Any Loop Lenqth
10232 Remove Bridqed Tap or Repeater, per Underqround Location $175.1 1
10226 Remove each Addt'l Bridqed Tap or Repeater, UG same time, location and cable $1.06
t0227 Remove Bridqed Tap or Repeater, per Aerial Location $72.30
t0228
Remove each Addt'l Bridged Tap or Repeater, AE or BU same time, location and
cable $1.06
t0231 Remove Bridqed Tap or Repeater, per Buried Location s102.94
UNE DEDICATED INTEROFFICE TRANSPORT MRC NRC
DS1
Recurrino Fixed $18.31
Recurrino oer Mile $105.62
NRC $103.44
Disconnect $26.04
DS3
Recurrino Fixed $354.90
Recurrino oer Mile s2.564.22
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Disconnect $26.04
UNE UULTIPLEXING MRC NRC
Multiolexinq elements are only relevant in coniunction with UNE transport.
r0134 t0135 Multiolexinq - DS1-DSO (per DS1 ) - (Shelf onlv, rate does not include cards)$92.03 $103.44
DS1-DS0 Disconnect $26.04
10136 t0'137 Multiolexinq - DS3-DS1 (per DS3)$262.00 $103.44
DS3-DS1 Disconnect $26.04
UNBUNDLED DARK FIBER TRANSPORT MRC NRC
Dark Fiber Application & Quote Preparation Charqe $257.23
Note: These elements are calculated and billed manually using one price per USOC
and COS. Detail is provided by the DFA form returned to the customer.
Transport
lnteroffice. per foot per fiber - Statewide Averaqe $0.0106
Additional Charges Applicable to Transport
Fiber Patch Cord, per fiber $0.3682
Fiber Patch Panel, per fiber $1.6527
Central Office lnterconnection,l-4 Patch Cords per CO - lnstall or Disconnect $268.96
Dark Fiber Endto-End Testinq, lnitial Strand s93.53
Dark Fiber End{o-End Testinq, Subsequent Strand s26.14
EEL COTI'IBINATIONS MRC NRC
Enhanced Extended Link (EEL) is a combination of Loop, Transport and
Multiplexing (when applicable). Refer to the specific UNE section (transport,
loop, multiplexing) in this document to obtain pricing for each specific
element.
See Rate Element / Service Order / lnstallation/Repair Center section of this
price sheet for EEL Conversion Charqes.
INTERCARRIER GOMPENSATION
lnterconneetion Facilities - T083 IUTRC NRC
Local lnterconnection Entrance Facility
DS1 $117.48 $381 .10
Disconnect $59.67
DS3 ICB tcB
lnterconnection Facilities - T1 48 MRC . NRC
Local lnterconnection Entrance Facility
DS1 $330.67 $381.10
Disconnect $59.67
DS3 tcB rcB
lnterconnection. Facilities - Direct Trunk Transoort MRC NRG
DS1 s103.44
Fixed $18.31
Per Mile $10s.62
Disconnect $26.04
DS3 $103.44
Fixed $354.90
Per Mile $2,564.22
Disconnect
DS1-DSO (per DSI ) - (Shelf only, rate does not include card
Common Transport for lndirect Network Connection - per MOU
VNXX Traffic - CTL Oriqinatinq Access Rates
Transit Service Charoe - oer MOU
TOLL.'VOIP-PSTN TRAFFIC
Toll Free Code querv (TFC
Toll Free Code query (TFC) - Complex Additive
Listinqs - (if CLEC not purchasinq UNE Looos or Resale Services
ROUTINE MODIFICATION OF FACILITIES
of Uo to 3 Pairs oer UNE Looo Ordered
More Than 3 Pairs per UNE Loop Ordered
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Where Soecial Construction Does Not Aoolv (Card lnstallation
2. Doubler Equipment Case w/ Doubler Card (for HDSL
Where Soecial Construction Does Not Aoolv (Card lnstallation
Note: Multiplexer pricing available through Enhanced Extended Loop (EELs)
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LOOP BANDING - IDAHO
Exchanoe Name CLLI Band
T-083 Leadore LEDRIDXC 3
T-083 North Fork NFRKIDXC 2
T-083 Salmon SLMNIDXC ,|
Exchanqe Name CLLI Band
T-148 Bruneau-Grasmere Riddle BRUNIDXC 1
T-148 Grasmere-Riddle GRRLIDXA 1
T-148 Grand View GR\ /I/IDXC 1
r-148 Richfield RCFDIDXC 1
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TABLE 2
Rate List - Physical and Virtual Collocation Elements IDAHO IDAHO
Lrne Element NRC MRC
Administrative, Engineering and Project Management Fees
1 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
I Space Report (per wire center)$ 893.62
Security Cage Construction
10 Security Cage - Engineering $ 495.35
11 Security Cage - Construction (Cost per Linear Foot)$ 46.64
Floor Space
12 Floor Space (Per Square Foot)$ 7.45
DC Power
13 Power Costs - Per Load Ampere Ordered $ 23.90
't4 Power Costs - Connection to Power Plant up to 30 Amps $ 1,564.71 $ 19.09
15 Power Costs - Connection to Power Plant 31-60 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 110 Linear Feet $ 162.02 $ 1.65
18 Power Costs - Connection to Power Plant 101-200 Amps $'t8,495.89 $ 194.52
19 Add Per Foot Over 110 Linear Feet $ 306.18 $ 3.11
AC Power
20 Cost per AC Outlet lnstallation (per outlet 20 amps) (non-load use)$ 1,056.79
21 Cost Der Set ofOverhead Liqhts $ 1,549.31
Gross 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 DS1 Cross Connect (Per 28 pack of DSls)$ 39.28
25 DS1 Co-Carrier Cross Connect (Per 28 pack of DSls)$ 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
28 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 $ 30.87
31 lnternal Cable Space - Per 100 Pr Copper Stub Cable $ 20.55
32 lnternal Cable - 48 Fiber $ 1,191.93 $ 39.98
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33 lnternal Cable - Per 100-Pr Copper Stub Cable U 1 / /'.Cb $ 41.77
Security Card
34 Security Card - Per Card $'t 5.00
Additional Labor Gharges (Virtual or Physical)
35 Additional Labor 114 hour CO Technician - Regular $18.62
36 Additional Labot 114 hour CO Technician - Overtime u z /.9J
37 Additional Labot 114 hour CO Technician - Premium Ji 3t.24
38 Additional Labot 114 hour CO Engineer $15.12
39 Additional Labor 114 hour OSP Technician - Regular $18.62
40 Additional Labor 114 hour OSP Technician - Overtime $ 27.93
41 Additional Labor 114 hour OSP Technician - Premium $ 37.24
42 Additional Labor 'l14 hour OSP Engineer $14.21
43 Ad iacent On-Site Collocation lcB
44 Remote Terminal Collocation ICB
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