20160721Revised Application.pdf

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July 20,2016
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Enclosure(s)cc: Service List
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lofie C! tadington
Legal Assistant III
{H Centurylink'
Vio Overnight delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No.: CGS-T-16-01
Application for Approval of Revision to Interconnection Agreement
New Cingular Wireless / CenturyTel of the Gem State dba CenturyLink
Dear Ms. Jewell:
Pursuant to my telephone conversation with your offrce on July 13,2016, we request that
the Application submitted on July 8,2016 be withdrawn. In its stead, we are submitting an
Application for Approval of Revision to Interconnection Agreement which contains specifically,
the language that is revised from the Interconnection Agreement approved on June 30, 2016
under Order No. 33548. Accordingly, enclosed for filing are an original and two (2) copies of
the Commercial Mobile Radio Services (CMRS) Interconnection Agreement between New
Cingular Wireless PCS, LLC and its Commercial Mobile Radio Service Affiliates and
CenturyTel of the Gem State, Inc. dlbla CenturyLink, CenturyTel of Idaho,lnc. dlbla
CenturyLink 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,
16@ 7* Avenue, Room 1505
Seattle, Washington 98191
Tel: [phone]
Email: [e-mail]
www.centurylink.com
LisaA Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, Washington 98 191
Telephone: (206) 345 -l 57 4
Lisa. anderl@centurylink. com
APPLICATION OF CENTURYTEL OF THE
GEM STATE dbA CENTURYLINK FOR
APPROVAL OF THE INTERCONNECTION
AGREEMENT WITH NEW CINGULAR
WIRELESS PCS, LLC AND ITS
COMMERICAL MOBILE RADIO SERVICE
AFFILIATES FOR THE STATE OF'IDAHO
PURSUANT TO 47 U.S.C. S2s2(e)
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.: CGS-T-16-01
APPLICATION FOR APPROVAL OF
REVISION TO INTERCONNECTION
AGREEMENT
CenturyTel of the Gem State dba Centurylink ("Centurylink") hereby files this
Application for Approval of Revision to the Interconnection Agreement ("Revised Agreement")
which was approved by the Idaho Public Utilities Commission on June 30,2016 under Order
No. 33548 (the "Agreement"). This filing is a revised version of the Interconnection Agreement
in this docket approved on June 30,2016. The revised Interconnection Agreement with New
Cingular Wireless PCS, LLC ("New Cingular") is submitted herewith.
The Agreement revises the previously signed Interconnection Agreement on page 34 as
follows:
*43.4.l Carrier will pay CenturyLink transit charges for Transit Trffic as set
forth in Table 1."
Sections l.l I 1 and l. 1 12 of the Interconnection Agreement do not exist, and this was overlooked
during negotiations.
APPLICATIoN ToR AppnovAl OF REVISION To INTERCoNNECTIoN AGREEMENT - I
NPw CTNcUT.AR WIRELESS PCS, LLC
CenturyLink
l600 7* Ave., suite l506
Seattle, WA 98191
Telephone: [phone]
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
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 New
Cingular 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 submiued this 2On day of July,2016.
CENTURYLINK
,t\
tt,4, lauaVou,,*rd;s f"r .
Attorney for Centurylink
AppIIcaTIoN FoR APPRoVAL oF REVISION To INTERCo}.INECTIoN AGREEMENT-2
Nsw CTNGUI.AR WIRELESS PCS, LLC
CenturyLink
1600 76Ave., suite 1506
Seattle, WA 98191
Telephone: [phone]
CERTIFICATE OF SERVICE
I hereby certiff that on this 20ft day ofJuly,2016, I served or caused to be served
the foregoing APPLICATION f'OR APPROVAL OF REVISION INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
New Cingular Wireless CS, LLC and its
Commercial Mobile Radio Service Affiliates
Legal Department
Attn: Interconnection Agreement Counsel
208 S. Akard Street, Room 3135
Dallas, Texas 75202
New Cingular Wireless PCS, LLC and its
Commercial Mobile Radio Service Affiliates
Attn: Director of Financial Analysis
I AT&T Wuy, Room 4A105
Bedminster, New Jersey 0792I
Hand Delivery
U. S. MailXX Ovemight Delivery
Facsimile
Email
Hand DeliveryXX U. S. Mail
Ovemight Delivery
Facsimile
Email
xx Hand Delivery
U. S. Mail
Ovemight Delivery
Facsimile
Email
APPLICATIoN EoRAppnovAL oF REVISIoN To INTERCoNNECTIoN AGREEMENT_3
NEW CTNGULAR WIRELESS PCS, LLC
CenturyLink
1600 7oAve., Suite 1506
Seattle, WA 98191
Telephone: [phone]
DocuSign Envelope lD: 26290078-A5DA-473A-A53D-D0F3779EBAE5
&!rriqrf
Centurylink*
GoMMERCTAL MOBTLE RADIO SERVTCES (CMRS)
INTERGONNECTION AGREEM ENT
New Cingular Wireless PGS, LLC
and its Gommercial Mobile Radio Service Affiliates
and
CenturyTel of the Gem State, lnc. d/b/a GenturyLink,
CenturyTe! of ldaho, lnc. d/b/a GenturyLink
For the State of
ldaho
4.28.16lLAMlNew Cingular Wireless PCS, LLC
and its Commercial Mobile Radio Service Affiliates/ lD
CMRS Agreement
DocuSign Envelope lD: 26290078-A5DA-473A-A53D-D0F3779EBAE5
TABLE OF CONTENTS
PARTA-DEF|N|T|ONS ...............11. Defined terms........ ..............1
PART B - GENERAL TERMS AND CONDITIONS............. ...............62. Scope of this A9reement................. ........................63. Regulatory Approvals ........64. Effective Date, Term and Termination ...................75. Audits and Examinations .....................96. lntellectual Property Rights....... .........107. Limitation of Liability .........108. lndemnification............ .......119. Confidentiality and Publicity.... ............1110. Warranties .......................1211. Assignment and Subcontract ............... ............1212. Governing Law........... ......................1313. Relationship of Parties............... .......................1314. No Third Party Beneficiaries............. ................1315. Notices .........1316. Waivers .......1417. Survival ........1418 Force Majeure.... ............1419. Dispute Resolution Procedures................ .......I420. Cooperation on Fraud .....................1521. Taxes....... .......................1522. Amendments and Modifications.............. .........1723. Severability .......................1724. Headings Not Controlling........... .......................1725. Entire Agreement................ ............1826. Counterparts ............. ........................1827. Successors and Assi9ns................ ...................1828. lmplementation ........... ......................1829. Security Deposit ...........18
PART C - INTERCONNECTION AND !NTERCARRIER COMPENSATION .......,......,....2030. lnterconnection......... ......2031. Network lnterconnection Methods for Direct 1nterconnection..........................-...2132. Exchange of Traffic ......2433. Types of Traffic and Services.............. ..............2534. Compensation............ .......................2535. Charges and Payment............. .......2836. Billing ............28
PART D - NETWORK MAINTENANCE AND MANAGEMENT .......................3037. General Requirements............ .......3038. Restoration of Service in the Event of Outages ................3039. Service Projections ......30
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INTERCONNECTION AGREEM ENT
This lnterconnection Agreement is entered into by and between CenturyTel of the Gem State,
lnc. d/b/a CenturyLink and CenturyTel of ldaho, lnc. d/b/a CenturyLink ("CenturyLink"), and New Cingular
Wireless PCS, LLC and its Commercial Mobile Radio Service Affiliates ('CMRS'), formerly doing
business as AT&T Wireless Services, lnc. and Edge Wireless, LLC, in their capacity as certified providers
of local Telecommunications Service. CenturyLink and CMRS are herein refened to collectively as the
"Parties" and each individually as a "Party" provided however, that even though this Agreement refers to
the lncumbent Local Exchange Caniers (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 networks for the transmission and termination
of Local Traffic (as defined in this Agreement) between CenturyLink and Carrier; and
WHEREAS, the Parties intend the rates, terms and conditions of this Agreement, and their
performance of obligations thereunder, to comply with the Communications Act of 1934, as amended (the
"Act"), the Rules and Regulations of the Federal Communications Commission ('FCC'), and the orders,
rules and regulations of the ldaho Public Utilities Commission (the "Commission"); and
WHEREAS, the parties wish to replace any and all other prior interconnection agreements, both
written and oral, applicable to the state of ldaho;
Now, therefore, in consideration of the terms and conditions contained in this Agreement, Carrier
and CenturyLink hereby mutually agree as follows:
PART A- DEFINITIONS
1. DEFINED TERMS
1.1 Certain terms used in this Agreement shall have the meanings as otherwise defined
throughout this Agreement. Other terms used but not defined in this Agreement will have
the meanings ascribed to them in the Act or in the Rules and Regulations of the FCC or
the Commission. The Parties acknowledge that other terms appear in this Agreement
which are not defined or ascribed as stated above. The meaning of those terms shall be
their customary usage in the telecommunications industry as of the Effective Date of this
Agreement.
"Act" means the Communications Act of 1934, as amended.
"Affiliate" is as defined in the Act.
"Ancillary Traffic" means all traffic destined for ancillary services, or that may have special
billing requirements, including, but not limited to the following:
1.4.1 DirectoryAssistance;
1.4.2 911tE911;
1.4.3 Operator call termination (busy line interrupt and verify); and
1.4.4 lnformation services requiring specialbilling (e.9.,900 and 950).
1.2
1.3
1.4
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"Bill and Keep" means the originating Party has no obligation to pay terminating charges
to the terminating Party.
"Business Day(s)" means the days of the week excluding Saturdays, Sundays, and all
official legal holidays.
"Central Office Switches" ("COs") are switching facilities within the public switched
telecommunications network, including, but not limited to:
1.7.1 "End Office Switches" ("EOs") are landline switches from which end-user
Telephone Exchange Services are directly connected and offered.
1.7.2 "Tandem Switches'are switches which are used to connect and switch trunk
circuits between and among CentralOffice Switches.
1.7.3 "Mobile Switching Centers" ("MSCs") are an essential element of the CMRS
network which performs the switching for the routing of calls among its mobile
subscribers and subscribers in other mobile or landline networks. The MSC also
coordinates intercell and intersystem call hand-offs and records all system traffic for
analysis and billing.
1.7.4 "Remote Switches" are switches in landline networks that are away from their
host or control office. All or most of the central control equipment for the remote switch is
located at the host or control office.
1.8 "Commercial Mobile Radio Services" ("CMRS") means a radio communication service as
set forth in 47 CFR 520.3.
1.9 "Common Transport" means a local interoffice transmission path between a third party
Tandem Switch and a CenturyLink End Office Switch. Common transport is shared
between multiple customers.
1.10 "Direct Trunked Transport" ("DTT"): A DS1 or DS3 interoffice facility that connects the
CenturyLink Serving Wire Center of the CMRS's Local Interconnection 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.
1.11 "Effective Date" is the date referenced in Section 4 of the Agreement, unless otherwise
required by the Commission.
1.12 "End Date" is the date this Agreement terminates as referenced in the opening
paragraph.
1.13 "End Office" is the central office to which a telephone subscriber is connected. The last
central office before the subscriber's phone equipment. The central office which actually
delivers dial tone to the subscriber. lt establishes line to line, line to trunk, and trunk to
line connections.
'l.14 "Electronic lnterfaces" means access to operations support systems consisting of pre-
ordering, ordering, provisioning, maintenance and repair and billing functions.
1.15 "FCC" means the FederalCommunications Commission.
1.16 "lncumbent Local Exchange Carrief (ILEC') is any local exchange carrier that was, as of
February 8, 1996, deemed to be a member of the Exchange Carrier Association as set
forth in 47 CFR 569.601(b) of the FCC's regulations.
1.17 "lnterconnection" is as defined in 47 CFR 551.5.
1.18 "lnterexchange Carrie/' ('lXC') means a provider of interexchange telecommunications
services.
1.19 "lnterMTA Traffic" For purposes of intercarrier compensation under this Agreement,
lnterMTA Traffic means telecommunications traffic between CenturyLink and a CMRS
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1.5
1.6
1.7
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provider that, at the beginning of the call, originates in one Major Trading Area but
terminates in a different Major Trading Area. For purposes of determining whether traffic
originates and terminates in different MTAs, and therefore whether the traffic is lnterMTA,
the location of the central office that serves the landline end user and the location of the
cell site that serves the mobile end user at the beginning of the call may be used.
1.20 "lntraLATA Toll Traffic' means landline-to-landline telecommunications traffic as defined
in accordance with CenturyLink's then-cunent intraLATA toll serving areas to the extent
that said traffic originates and terminates within the same LATA.
1.21 "Local lnterconnection Entrance Facility" is a DS1 or DS3 facility that extends from
CMRS's Switch location or other CMRS Premises to the Point of lnterconnection with
CenturyLink Serving Wire Center for that CMRS Switch or Premises. A Local
lnterconnection Entrance Facility may not extend beyond the area served by the
CenturyLink Serving Wire Center.
1.22 "Local Traffic" means, for purposes of reciprocal compensation under this Agreement,
telecommunications traffic between CenturyLink and Carrier that, at the beginning of the
call, originates and terminates within the same MTA, as defined in 47 CFR $24.202 and
that is Non-Access Telecommunications Traffic as set forth in 47 CFR S51.701(b) that is
originated or terminated as wireless traffic by Carrier's end user. This shall not affect
CenturyLink's landline calling scope or other interexchange arrangements which shall be
determined in accordance with Commission-approved local calling areas.
1.23 "Major Trading Area" ("MTA') refers to the largest FCC-authorized wireless license
1.24
territory which serves as the definition for local service area for CMRS traffic for purposes
of reciprocal compensation under 5251(bxs) as defined in 47 CFR $24.202(a).
"Mid-Span Fiber Meet" is an lnterconnection architecture whereby two carriers' fiber
transmission facilities meet at a mutually agreed upon point for the mutual exchange of
traffic, subject to the trunking requirements and other terms and provisions of this
Agreement. The "point" of lnterconnection for purposes of $$251(c)(2) and 251(c)(3)
remains on CenturyLink's network and is limited to the lnterconnection of facilities
between the CenturyLink Serving Wire Center and the location of the CMRS switch or
other equipment located within the area served by the CenturyLink Serving Wire Center
1.25 "Multiple Exchange Carrier Access Billing" (.MECAB') refers to the document prepared
by the Billing Committee of the Alliance for Telecommunications lndustry Solutions'
('ATIS') Ordering and Billing Forum ('OBF'). The MECAB document, published by ATIS
(0401004-00XX), contains the recommended guidelines for the billing of access services
provided to a customer by two or more telecommunications carriers, or by one
telecommunications carrier in two or more states within a single LATA.
1.26 "Multiple Exchange Carrier Ordering And Design ('MECOD") Guidelines for Access
Services lndustry Support lnterface' refers to the document developed by the
Ordering/Provisioning Committee of the Alliance for Telecommunications lndustry
Solutions' (ATIS) Ordering and Billing Forum (OBF). The MECOD document, published
by ATIS (0404120-00XX), contains the recommended guidelines for processing orders
for access service which is to be provided by two or more telecommunications carriers.
1.27 "North American Numbering Plan" ("NANP") means the plan forthe allocation of unique
ten-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.
1.28 "Numbering Plan Area" ('NPA'- sometimes referred to as an area code) means the
three-digit indicator which is designated by the first three digits of each ten-digit
telephone number within the NANP. Each NPA contains 8W 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
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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
(SAC Gode)" is typically associated with a specialized telecommunications service which
may be provided across multiple geographic NPA areas; 500, 800, 900, 700, and 888 are
examples of Non-Geographic NPAs.
1.29 'NXX,'"N)(X Code," or "CentralOffice Code," or "GO Code" is the three-digit switch entity
indicator which is defined by the fourth, fifth and sixth digits of a ten-digit telephone
number within the NANP.
1.30 "Ordering And Billing Forum' ('OBF') refers to functions under the auspices of the Carrier
Liaison Committee (CLCI of the Alliance for Telecommunications lndustry Solutions
(Ars).
1.31 "Parity' means, subject to the availability, development and implementation of necessary
industry standard Electronic lnterfaces, the provision by CenturyLink of services,
functionality or telephone numbering resources under this Agreement to Canier, including
provisioning and repair, at least equal in quality to those offered to CenturyLink, its
Affiliates or any other entity that obtains such services, functionality or telephone
numbering resources. Until the implementation of necessary Electronic lnterfaces,
CenturyLink shall provide such services, functionality or telephone numbering resources
on a non-discriminatory basis to Canier as it provides to its Affiliates or any other entity
that obtains such services, functionality or telephone numbering resources.
1.32 "Point of lnterconnection" (POl)- A point on CenturyLink's network where the Parties
deliver interconnection 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 CMRS and CenturyLink for the lnterconnection of their respective networks.
This definition does not negate the Parties' obligations to share the cost of
interconnection facilities established in Part C.
1.33 "Revenue Accounting Office" ('RAO') means a data center that produces subscriber bills
from the host office's automatic message account data.
1.34 'Serving Wire Cente/' (SWC') denotes the CenturyLink building from which dial tone for
local exchange service would normally be provided to a particular end user customer
premises.
1.35 "Tandem Switching" means the function that establishes a communications path between
two switching offices (connecting trunks to trunks) through a third switching office (the
'Tandem Switch') including but not limited to CARRIER, CenturyLink, independent
telephone companies, and wireless Caniers.
1.36 "Tariff' means a filing made at the state or federal level for the provision of a
telecommunications service by a telecommunications carrier that provides for the terms,
conditions and pricing of that service. Such filing may be required or voluntary and may
or may not be specifically approved by the Commission or FCC.
1.37 "Telecommunications' means the transmission, between or among points specified by
the user, of information of the user's choosing, without change in the form or content of
the information as sent and received.
1.38 "Telecommunications Carrier" means any provider of Telecommunications Services as
defined in 47 USC 153, Section 3.
1.39 "Telecommunication Services" means the offering of Telecommunications for a fee
directly to the public, or to such classes of users as to be effectively available directly to
the public, regardless of the facilities used.
1.40 "Transit Service" means the delivery of Transit Traffic.
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1.41 'Transit Traffic' means traffic that is originated by Carrier, transited through CenturyLink,
and terminated to a third party Telecommunications Carrier's network, or originated on a
'third party Telecommunications Carrier's network, transited through CenturyLink, and
terminated on Carrier's network.
1.42 "Trunk-Side" refers to a Central Office Switch connection that is capable of, and has been
programmed to treat the circuit as, connecting to another switching entity or another
central office switch. Trunk-side connections offer those transmission and signaling
features appropriate for the connection of switching entities, and cannot be used for the
direct connection of ordinary telephone station sets.
1.43 "Wire Center'denotes a building or space within a building, which serves as an
aggregation point on a given carrier's network, where transmission facilities and circuits
are connected or switched. Wire center can also denote a building in which one or more
Central Offices, used for the provision of basic exchange services and access services,
are located.
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PART B - GENERAL TERMS AND CONDITIONS
2. SCOPE OF THIS AGREEMENT
2.1 This Agreement specifies the rights and obligations of each Party with respect to the
establishment of rates, terms and conditions for interconnection with the other's local network
under Sections 251 and 252 of the Act ("lnterconnection Services'). The lnterconnection
Services set forth in this Agreement address the exchange of traffic between Carrier and
CenturyLink. lf such traffic is Local Traffic, the provisions of this Agreement shall apply. The
lnterconnection services covered by this Agreement are for Wireless lnterconnection for CMRS
carriers only in association with CMRS services. Wireless lnterconnection hereunder is intended
for Wireless to Wireline or Wireline to Wireless, but not Wireline to Wireline communications.
Such Wireless lnterconnection will not be used to terminate other types of traffic exchanged on
the network under the terms and conditions of this Agreement.
2.2 Other interconnections are covered by separate contract, tariff or price lists. Carrier may
also take such other services not covered by this agreement as the Parties may agree either
pursuant to applicable state tariffs or separate agreement ("Non-interconnection Services"). The
rates, terms and conditions for such Non-interconnection Services shall be as designated in the
applicable tariff or separate agreement. Any incidental services (e.9., directory assistance,
operator services, etc.) will be billed at the standard rates for those services.
2.3 CenturyLink shall provide notice of network changes and upgrades in accordance with $$
51.325 through 51.335 of Title 47 of the Code of Federal Regulations (CFR). CenturyLink may
discontinue any lnterconnection arrangement, Telecommunications Service, or provided or
required hereunder due to network changes or upgrades after providing Carrier notice as required
by this section. CenturyLink will cooperate with Carrier 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. CenturyLink may not use this
section to deny CMRS the right to interconnect with CenturyLink and exchange traffic with
Centurylink's end users.
2.4 Unless otherwise specifically determined by the Commission, in cases of conflict between
this Agreement and CenturyLink's Tariffs, methods and procedures, technical publications,
policies, product notifications or other CenturyLink documentation relating to CenturyLink's or
CMRS's rights or obligations under this Agreement then the rates, terms and conditions of this
Agreement shall prevail. To the extent another document attempts to abridge or expand the
rights or obligations of either Party under this Agreement, the rates, terms and conditions of this
Agreement shall prevail.
3. REGULATORYAPPROVALS
3.1 This Agreement, and any amendment or modification hereof, will be submitted to the
Commission for approval in accordance with Section 252 of the Act. CenturyLink and Carrier
shall use their best efforts to obtain approval of this Agreement by any regulatory body having
jurisdiction over this Agreement and to make any required tariff modifications. Carrier shall not
order services under this Agreement before the Effective Date except as may otherwise be
agreed in writing between the Parties. ln the event any govemmental 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.
3.2 The Parties acknowledge that the respective rights and obligations of each Party as set
forth in this Agreement are based on the text of the Act and the rules and regulations
promulgated thereunder by the FCC and the Commission as of the Effective Date ("Applicable
Rules"). ln the event of any amendment to the Act, any effective legislative action or any effective
regulatory or judicial order, rule, regulation, arbitration award or other legal action purporting to
apply the provisions of the Act which revises, modifies or reverses the Applicable Rules
(individually and collectively, "Amended Rules'), either Party may, by providing written notice to
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the other Party, require that the affected provisions of this Agreement be renegotiated in good
faith and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions
of each such Amended Rules relating to any of the provisions in this Agreement.
3.3 Section 3.2 shall control notwithstanding any other provision of this Agreement to the
contrary. Any rates, terms or conditions thus developed or modified shall be substituted in place
of those previously in effect and shall be deemed to have been effective under this Agreement as
of the effective date established by the Amended Rules, whether such action was commenced
before or after the Effective Date of this Agreement. Should the Parties be unable to reach
agreement with respect to the applicability of such order or the resulting appropriate modifications
to this Agreement, the Parties shall present any such issues to the Commission or the FCC to
establish appropriate interconnection arrangements under the Act in light of the Amended Rules,
it being the intent of the parties that this Agreement shall be brought into conformity with the then
current obligations under the Act as determined by the Amended Rules.
3.4 Notwithstanding anything in this Agreement to the contrary, in the event that as a result of
any effective decision, order, or determination of any judicial or regulatory authority with
jurisdiction over the subject matter hereof, CenturyLink is not required to furnish any service,
facility, arrangement, or benefit required to be furnished or provided to Carrier under this
Agreement, then CenturyLink may discontinue any service, facility, arrangement, or benefit
("Discontinued Arrangement") to the extent permitted by any such decision, order, or
determination by providing sixty (60) days written notice to Carrier. lmmediately upon provision of
such written notice to Carrier, Carrier will be prohibited from ordering and CenturyLink will not
provide new Discontinued Arrangements.
3.5 Additional services, beyond those specified in this Agreement, requested by either Party
relating to the subject matter of this Agreement will be incorporated into this Agreement by wriften
amendment hereto.
4. EFFECTIVE DATE, TERM AND TERMINATION
4.1 Effective Date. This Agreement shall become effective on the date of Commission
Approval ('Effective Date"); however the Parties may agree to implement the provisions of this
Agreement upon execution by both Parties.
4.1.1 Notwithstanding the above, the initiation of a new CMRS 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 effect before
CMRS has established a customer account with CenturyLink and has completed any
implementation, planning, and forecasting requirements as described in this Agreement.
4.2 Term. This Agreement shall continue for a period of three (3) years after execution by
both Parties (the "lnitial Term), unless terminated earlier in accordance with the terms of this
Agreement. lf neither Party terminates this Agreement as of the last day of the lnitial Term, this
Agreement shall continue in force and effect on a month-to-month basis unless and until
terminated as provided in this Agreement.
4.2.1 Notwithstanding the above, CenturyLink may terminate this Agreement after six
consecutive months of inactivity on the part of CMRS. lnactivity is defined as CMRS's
failure, as required in this Agreement, to initiate the required pre-ordering activities,
CMRS's failure to submit any orders, or CMRS's failure to originate or terminate any
LocalTraffic.
4.3 Notice of Termination. Either Party may terminate this Agreement effective upon the
expiration of the lnitial Term by providing written notice of termination (Notice of Termination) at
least ninety (90) Days prior to the last day of the lnitial Term. Either Party may terminate this
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Agreement after the lnitial Term by providing a Notice of Termination at least thirty (30) Days prior
to the effective date of such termination.
4.4 Effect on Termination of Negotiating Successor Agreement. lf either Party provides
Notice of Termination pursuant to Section 4.3 and, on or before the noticed date of termination
(the "End Date), either Party has requested negotiation of a new interconnection agreement, such
notice shall constitute a bona fide request to negotiate a replacement agreement for
interconnection, services or network elements pursuant to $252 of the Act and this Agreement
shall remain in effect until the earlier of: (a) the effective date of a new interconnection
agreement between CMRS and CenturyLink; or, (b) one hundred sixty (160) Days after the
requested negotiation or such longer period as may be mutually agreed upon, in writing, by the
Parties, or (c) the issuance of an order (or orders) by the Commission resolving each issue
raised in connection with any arbitration commenced within the timeframe contemplated in (b)
above. lf a replacement agreement has not been reached when the timeframe contemplated
above expires, then CenturyLink and CMRS may mutually agree in writing to continue to operate
on a month-to-month basis under the terms set forth herein, subject to written notice of
termination pursuant to Section 4.3. Should the Parties not agree to continue to operate under
the terms set forth herein, then the provisions of Section 4.5 shall apply. The foregoing shall not
apply to the extent that this Agreement is terminated in accordance with Section 4.6 or Section
4.7.
4.5 Termination and Post-Termination Continuation of Services. lf either Party provides
Notice of Termination pursuant to Section 4.3 and, by 11:59 p.m. Central Time on the stated date
of termination, and neither Party has requested negotiation of a new interconnection agreement,
(a) this Agreement will terminate at 11:59 p.m. CentralTime on the termination date identified in
the Notice of Termination, and (b) the services and functions being provided by CenturyLink
under this Agreement at the time of termination, including lnterconnection arrangements and the
exchange of local traffic, may be terminated by CenturyLink unless the Parties jointly agree to
other continuing arrangements.
4.6 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 CMRS of its Default, CenturyLink shall not be required to
process new Service Orders until the Default is timely cured.
4.7 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 othenruise 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.
4.8 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.
4.9 Predecessor Agreements.
4.9.1 Except as stated in Section 4.9.2 or as otherwise agreed in writing by the Parties.
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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; and
b. 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.
4.9.2 Except as otherwise agreed in writing by the Parties, if a service purchased by a
Party under a prior agreement between the Parties pursuant to $252 of the Act was
subject to a contractual commitment that it would be purchased for a period of longer
than one month, and such period had not yet expired as of the Effective Date and the
service had not been terminated prior to the Effective Date, to the extent not inconsistent
with this Agreement, such commitment shall remain in effect and the service will be
subject to the prices, terms and conditions of this Agreement; provided, that if this
Agreement would materially alter the terms of the commitment, either Party make elect to
cancel the commitment.
4.9.3 lf either Party elects to cancel the service commitment pursuant to the provision
in Section 4.9.2, 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.
5. AUDITS AND EXAMINATIONS
5.1 "Audit" shall mean a comprehensive review of services performed under this Agreement.
Either Party (the "Requesting Party") may perform one Audit per twelve (12) month period
commencing with the Effective Date.
5.2 Upon thirty (30) days written notice by the Requesting Party to the other "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 provision of the services provided and performance standards agreed to under
this Agreement. Within the above-described thirty (30) day period, the Parties shall reasonably
agree upon the scope of the Audit, the documents and processes to be reviewed, and the time,
place and manner in which the Audit shall be performed. The Audited Party will provide Audit
support, including appropriate access to and use of Audited Party's facilities (e.9., conference
rooms, telephones, copying machines).
5.3 Each Party shall bear its own expenses in connection with the conduct of the Audit. The
reasonable cost of special data extraction required by the Requesting Party to conduct the Audit
will be paid for by the Requesting Party. For purposes of this section 5.3, 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.
5.4 Adjustments, credits or payments shall be made and any corrective action shall
commence within thirty (30) days from Requesting Party's receipt of the final audit report to
compensate for any errors or omissions which are disclosed by such Audit and are agreed to by
the Parties. One and one-half percent (1.SYo) or the highest interest rate allowable by law for
commercial transactions, whichever is lower, shall be assessed and shall be computed by
compounding monthly from the time of the error or omission to the day of payment or credit.
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5.5 Neither the right to audit nor the right to receive an adjustment shall be affected by any
statement to the contrary appearing on checks or otherwise, unless a statement expressly
waiving such right appears in writing, is signed by an authorized representative of the Party
having such right and is delivered to the other Party in a manner sanctioned by this Agreement.
5.6 This Section shall survive expiration or termination of this Agreement for a period of two
years after expiration or termination of this Agreement.
INTELLECTUAL PROPERTY RIGHTS
6.1 Any intellectual property which originates from or is developed by a Party shall remain in
the exclusive ownership of that Party. Except for a limited license to use patents or copyrights to
the extent necessary for the Parties to use any facilities or equipment (including software) or to
receive any service solely as provided under this Agreement, no license in patent, copyright,
trademark or trade secret, or other proprietary or intellectual property right now or hereafter
owned, controlled or licensable by a Party, is granted to the other Party or shall be implied or
arise by estoppel.
6.2 CenturyLink will use its best efforts to obtain for Carrier, under commercially reasonable
terms, lntellectual Property rights to each interconnection arrangement or Telecommunications
Service necessary for Canier to use such arrangement or service in the same manner as
CenturyLink.
6.3 Centurylink shall have no obligations to attempt to obtain for Carrier any lntellectual
Property right(s) that would permit Carrier to use any interconnection arrangement or
Telecommunications Service in a different manner than used by CenturyLink.
6.4 All costs associated with the extension of lntellectual Property rights to Carrier pursuant
to Section 6, including the cost of the license extension itself and the costs associated with the
effort to obtain the license, shall be part of the cost of providing the interconnection anangement
or Telecommunications Service to which the lntellectual Property rights relate and apportioned to
all requesting carriers using that interconnection arrangement or Telecommunications Service
including CenturyLink.
6.5 CenturyLink hereby conveys no licenses to use such lntellectual Propefi rights and
makes no wananties, express or implied, concerning Carrier's (or any third parties') rights with
respect to such lntellectual Property rights and contract rights, including whether such rights will
be violated by such interconnection arrangement or Telecommunications Service furnished under
this Agreement. Any licenses or warranties for lntellectual Property rights associated with
interconnection arrangement or Telecommunications Service are vendor licenses and warranties
and are a part of the lntellectual Property rights CenturyLink agrees in Section 6.2 to use its best
efforts to obtain.
LIMITATION OF LIABILITY
7.1 Neither Party shall be responsible to the other for any indirect, special, consequential or
punitive damages, including (without limitation) damages for loss of anticipated profits or revenue
or other economic loss in connection with or arising from anything said, omitted, or done
hereunder (collectively "Consequential Damages"), whether arising in contract or tort, except that
the foregoing shall not limit a Party's obligation under Section 8 to indemnify, defend, and hold
the other Party harmless against amounts payable to third parties. Notwithstanding the
foregoing, in no event shall either Party's liability to the other for a service outage exceed an
amount equal to the proportionate charge for the service(s) provided for the period during which
the service was affected.
7.2 Neither Party, its parents, subsidiaries, affiliates, agents, servants or employees shall be
liable for damages arising from enors, mistakes, omissions, interruptions, or delays in the course
of establishing, furnishing, rearranging, moving, terminating, changing, providing or failing to
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provide services or facilities (including the obtaining or furnishing of information with respect
thereof or with respect to users of the services or facilities) in the absence of willful misconduct.
7.3 Notwithstanding the foregoing, in no event shall CenturyLink's liability to Carrier for a
service outage exceed an amount equal to the proportionate charge for the service(s) or
unbundled element(s) provided for the period during which the service was affected.
7.4 The foregoing shall not limit a Party's obligation as set out in this Agreement to indemnify,
defend, and hold the other Party harmless against amounts payable to third parties, nor shall the
foregoing limit a Party's obligation to pay amounts due under this Agreement.
INDEMNIFICATION
8.1 Each Party will defend, indemnify and hold harmless the other Party from and against
claims by third parties for damage to tangible personal or real property and/or personal injuries to
the extent caused by the negligent or willful misconduct or omission of the indemnifying Party.
8.2 Carrier shall defend, indemnify and hold harmless CenturyLink from all claims by
Carrier's subscribers for any negligent or willful misconduct or omission caused by carrier relating
to or resulting from claims/services provided under this Agreement.
8.3 CenturyLink shall defend, indemnify and hold harmless Carrier from all claims by
CenturyLink's subscribers for any negligent or willful misconduct or omission caused by carrier
relating to or resulting from claims/services provided under this Agreement.
8.4 The indemnifying Party will defend any suit brought against the other Party either
individually or jointly with the indemnified Party for any such loss, injury, liability, claim or demand
as set forth in this Section 8.
8.5 The indemnified Party will notify the other Party promptly, in writing, of any written claims,
lawsuits, or demands for which it is claimed that the indemnifying Party is responsible under this
Article and to cooperate in every reasonable way to facilitate defense or settlement of claims.
8.6 The indemnifying Party shall have complete control over defense of the case and over
the terms of any proposed settlement or compromise thereof. The indemnifying Party shall not
be liable under this Article for settlement by the indemnified Party of any claim, lawsuit, or
demand, if the indemnifying Party has not approved the settlement in advance, unless the
indemnifying Party has had the defense of the claim, lawsuit, or demand tendered to it in writing
and has failed to promptly assume such defense. ln the event of such failure to assume defense,
the indemnifying Party shall be liable for any reasonable settlement made by the indemnified
Party without approval of the indemnifying Party.
8.7 When the lines or services of other companies are used in establishing connections to
and/or from points not reached by a Party's lines, neither Party shall be liable for any act or
omission of the other companies or caniers.
CONFIDENTIALITY AND PUBLICITY
9.1 All information which is disclosed by one Party ("Disclosing Party") to the other
("Recipient") in connection with this Agreement, or acquired in the course of performance of this
Agreement, shall be deemed confidential and proprietary to the Disclosing Party and subject to
this Agreement, such information including but not limited to, orders for services, usage
information in any form, and Customer Proprietary Network lnformation ('CPN|") as that term is
defined by the Act and the rules and regulations of the FCC ("Confidential and/or Proprietary
lnformation").
9.2 For a period of three years from receipt of Confidential lnformation, Recipient shall (1)
use it only for the purpose of performing under this Agreement, (2) hold it in confidence and
disclose it only to employees or agents who have a need to know it in order to perform under this
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Agreement, and (3) safeguard it from unauthorized use or Disclosure using no less than the
degree of care with which Recipient safeguards its own Confidential lnformation.
9.3 Recipient shall have no obligation to safeguard Confidential lnformation (1)which was in
the Recipient's possession free of restriction prior to its receipt from Disclosing Party, (2) which
becomes publicly known or available through no breach of this Agreement by Recipient, (3) which
is rightfully acquired by Recipient free of restrictions on its Disclosure, or (4) which is
independently developed by personnel of Recipient to whom the Disclosing Party's Confidential
lnformation had not been previously disclosed. Recipient may disclose Confidential lnformation if
required by law, a court, or governmental agency, if the Disclosing Party has been notified of the
requirement promptly after Recipient becomes aware of the requirement, and the Recipient
undertakes all lawful measures to avoid disclosing such information until Disclosing Party has had
reasonable time to obtain a protective order. Recipient will comply with any protective order that
covers the Confidential lnformation to be disclosed.
9.4 Unless otherwise agreed, neither Party shall publish or use the other Party's logo,
trademark, service mark, name, language, pictures, or 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 9.4 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.
9.5 Neither Party shall produce, publish, or distribute any press release or other publicity
referring to the other Party or its Affiliates, or refening to this Agreement, without the prior written
approval of the other Party. Each Party shall obtain the other Party's prior approval before
discussing this Agreement in any press or media interviews. ln no event shall either Party
mischaracterize the contents of this Agreement in any public statement or in any representation
to a governmental entity or member thereof.
9.6 Except as otherwise expressly provided in this Section 9, nothing in this Agreement limits
the rights of either Party with respect to its customer information under any applicable law,
including without limitation Section 222 of the Act.
WARRANTIES
10.1 Except as specifically provided elsewhere in this agreement to the contrary, neither Party
makes any representations or warranties, express or implied, with respect to quality, functionality
or characteristics of the services provided pursuant to this Agreement, including, but not limited
to, implied wananties of merchantability and/or fitness for a particular purpose. No representation
or statement made by either Party or any of its agents or employees, oral or written, including, but
not limited to, any specifications, descriptions or statements provided or made shall be binding
upon either Party as a warranty.
11. ASSIGNMENT AND SUBCONTRACT
11.1 lf any Affiliate of either Party succeeds to that portion of the business of such Party that is
responsible for, or entitled to, any rights, obligations, duties, or other interests under this
Agreement, the successor shall be responsible for the performance of and liability for those
obligations and duties to which it is succeeding. Thereafter, the successor shall be deemed
Carrier or CenturyLink and the original Party shall be relieved of such obligations and duties,
except for matters arising out of events occuning prior to the date of such undertaking.
11.2 Except as provided in this Section '11, and except for an assignment confined solely to
moneys due or to become due, any assignment of this Agreement or of the work to be performed,
in whole or in part, or of any other interest of a Party hereunder, without the other Party's written
consent, which consent shall not be unreasonably withheld or delayed, shall be void. lt is
expressly agreed that any assignment of moneys shall be void to the extent that it attempts to
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impose additional obligations other than the payment of such moneys on the other Party or the
assignee additional to the payment of such moneys.
GOVERNING LAW
12.1 This Agreement shall be governed by and construed in accordance with the Act and the
FCC Rules and Regulations, and other authoritative statements, except insofar as state law may
control any aspect of this Agreement, in which case the domestic laws of the state where this
Agreement is filed, without regard to its conflicts of laws principles, shall govern.
RELATIONSHIP OF PARTIES
13.1 lt is the intention of the Parties that each shallbe an independent contractor and nothing
contained in this Agreement shall constitute the Parties as joint venturers, partners, employees or
agents of one another, and neither Party shall have the right or power to bind or obligate the
other.
NO THIRD PARTY BENEFICIARIES
14.1 The provisions of this Agreement are for the benefit of the Parties hereto and not for any
other person, and this Agreement shall not provide any person not a Party hereto with any
remedy, claim, liability, reimbursement, right of action, or other right in excess of those existing
without reference hereto. This shall not be construed to prevent Canier from providing its
Telecommunications Services to other carriers.
NOTICES
15.1 Except as otherwise provided in this Agreement, all notices or other communication
hereunder shall be deemed to have been duly given when made in writing and delivered in
person, or sent by certified mail, postage prepaid, return receipt requested, on the date the mail is
delivered.
lf to New GinEular Wireless PCS. LLG and !f to GenturvLink:its Commercial Mobile Radio Service
Affiliates:
12.
13.
14.
15.
New Cingular Wireless PCS, LLC and its
Commercial Mobile Radio Service
Affiliates
1AT&TWay, Room 4A105
Bedminster, NJ 07921
Attn: Director Financial Analysis
Phone: [phone]
Email: [e-mail]
With copv to:
New Cingular Wireless PCS, LLC and its
Commercial Mobile Radio Service
Affiliates
LegalDepartment
208 S. Akard Street, Room 3135
Dallas, TX75202
Attn: lnterconnection Agreement Counsel
Phone: [phone]
CenturyLink
Director Wholesale Contracts
930 1sth Street 6th Floor Denver, CO 80202
Phone: [phone]
Email : [e-mail]
With copv to:
CenturyLink Legal Department
Wholesale lnterconnection
1801 California Street,9th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal. [e-mail]
15.2 lf personal delivery is selected to give notice, a receipt of such delivery shall be obtained.
The address to which notices or communications may be given to either Party may be changed
by written notice given by such Party to the other pursuant to this Section 15.
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WA!VERS
16.1 No waiver of any provisions of this Agreement and no consent to any default under this
Agreement shall be effective unless the same shall be in writing and propedy executed by or on
behalf of the Party against whom such waiver or consent is claimed.
16.2 No course of dealing or failure of any Party to strictly enforce any term, right, or condition
of this Agreement in any instance shall be construed as a general waiver or relinquishment of
such term, right or condition.
16.3 Waiver by either Party of any default by the other Party shall not be deemed a waiver of
any other default.
SURVIVAL
17.1 Termination of this Agreement, or any part hereof, for any cause shall not release either
Party from any liability which at the time of termination had already accrued to the other Party or
which thereafter accrues in any respect to any act or omission occurring prior to the termination
or from an obligation which is expressly stated in this Agreement to survive termination including
but not limited to Sections 4, 5, 6, 7, 8, 9, 10,20 and 22.
FORCE MAJEURE
18.1 Neither Party shall be held liable for any delay or failure in performance of any part of this
Agreement from any cause beyond its control and without its fault or negligence, such as acts of
God, acts of civil or military authority, embargoes, epidemics, war, terrorist acts, riots,
insurrections, fires, explosions, earthquakes, nuclear accidents, floods, power blackouts, strikes,
work stoppage affecting a supplier or unusually severe weather. No delay or other failure to
perform shall be excused pursuant to this Section 18 unless delay orfailure and consequences
thereof are beyond the control and without the fault or negligence of the Party claiming excusable
delay or other failure to perform. ln the event of any such excused delay in the performance of a
Party's obligation(s) under this Agreement, the due date for the performance of the original
obligation(s) shall be extended by a term equal to the time lost by reason of the delay. ln the
event of such delay, the delayed Party shall perform its obligations at a performance level no less
than that which it uses for its own operations. ln the event of such performance delay or failure
by Centurylink, CenturyLink will resume performance in a nondiscriminatory manner and not
favor its own provision of Telecommunications Services above that of Carrier.
DISPUTE RESOLUTION PROCEDURES
19.1 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.
19.1.1 A Party may not submit a dispute to any court, commission or agency of
competent jurisdiction for resolution unless at least sixty (60) Days have elapsed after the
Party asserting the dispute has given written notice of such dispute to the other Party.
Such notice must explain in reasonable detail the specific circumstances and grounds for
each disputed item. lf a Party gives notice of a billing dispute more than thirty (30) Days
after the billing date and has not paid the disputed amounts by the payment due date,
then the notice of such dispute shall be deemed to have been given thirty (30) Days after
the billing date for purposes of calculating the time period before such dispute may be
submitted to any court, commission or agency of competent jurisdiction for resolution.
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'l9.1.2 The Parties shall meet or confer as often as they reasonably deem necessary in
order to discuss the dispute and negotiate in good faith in an effort to resolve such
dispute. The specific format for such discussions will be left to the discretion of the
Parties, provided, however, that all reasonable requests for relevant, non-privileged,
information made by one Party to the other Party shall be honored, and provided that the
following terms and conditions shallapply:
19.1.3 lf the Parties are unable to resolve the dispute in the normal course of business
within thirty (30) Days after delivery of notice of the Dispute (or such longer period as
may be specifically provided for in other provisions of this Agreement), then upon the
request of either Party, the dispute shall be escalated to other representatives of each
Party that have more authority over the subject matter of the dispute. Referral of a
dispute by a Party to its legal counsel shall be considered an escalation for purposes of
this paragraph.
19.1.4 lf the Parties are unable to resolve the dispute within sixty (60) Days after
delivery of the initial notice of the dispute, then either Party may file a petition or
complaint with any court, commission or agency of competent jurisdiction seeking
resolution of the dispute.
19.1.5 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.
19.1.6 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
unlawful fashion.
19.1 .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.
20. COOPERATION ON FRAUD
20.1 The Parties shall cooperate with one another to investigate, minimize and take corrective
action in cases of fraud.
21. TAXES
21.'l For purposes of this Section, the terms 'taxes" and "fees" shall include but not be limited
to federal, state or local sales, use, excise, gross receipts or other taxes or tax-like fees of
whatever nature and however designated (including tariff surcharges and any fees, charges or
other payments, contractual or othenruise, for the use of public streets or rights of way, whether
designated as franchise fees or otherwise) imposed, or sought to be imposed, on or with respectto the services furnished hereunder or measured by the charges or payments therefore,
excluding any taxes levied on income.
21.2 Taxes and Fees lmposed Directly On Either Providing Party or Purchasing Party.
21.2.1 Taxes and fees imposed on the providing Party, which are not permitted or
required by applicable law to be passed on by the providing Party to its customer, shall
be borne and paid by the providing Party.
21.2.2 Taxes and fees imposed on the purchasing Party, which are not required by
applicable law to be collected and/or remitted by the providing Party, shall be borne and
paid by the purchasing Party.
21.3 Taxes and Fees lmposed on Purchasing Party But Collected And Remitted By Providing
Party.
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21.3.1 Taxes and fees imposed by applicable law on the purchasing Party shall be
borne by the purchasing Party, even if the obligation to collect and/or remit such taxes or
fees is placed on the providing Party.
21.3.2 To the extent permitted by applicable law, any such taxes and/orfees shall be
shown as separate items on applicable billing documents between the Parties.
Notwithstanding the foregoing with regard to taxes and fees imposed directly on the
purchasing party, (i) the purchasing Party shall remain liable to the extent of applicable
law for any such taxes and fees regardless of whether they are actually billed by the
providing Party at the time that the respective service is billed and (ii) providing Party
shall be liable for any interest or penalty assessed thereon with respect to such
uncollected Tax by a taxing authority.
21.3.3 lf the purchasing Party reasonably determines that in its opinion any such taxes
or fees are not payable, complies with the exemption procedure provided by applicable
law, or if applicable law does not provide an exemption procedure and the purchasing
Party provides written certification, reasonably satisfactory to the providing Party, stating
that it is exempt or otherwise not subject to the tax or fee, setting forth the basis
therefore, and satisfying any other requirements under applicable law, then providing
Party shall not bill such taxes or fees to the purchasing Party. lf any authority seeks to
collect any such tax or fee that the purchasing Party has determined and certified not to
be payable, or any such tax or fee that was not billed by the providing Party, the
purchasing Party may contest the same in good faith, at its own expense. ln any such
contest, the purchasing Party shall promptly furnish the providing Party with copies of all
filings in any proceeding, protest, or legal challenge, all rulings issued in connection
therewith, and all conespondence between the purchasing Party and the taxing authority.
21.4 ln the event that all or any portion of an amount sought to be collected must be paid in
order to contest the imposition of any such tax or fee, or to avoid the existence of a lien on the
assets of the providing Party during the pendency of such contest, the purchasing Party shall be
responsible for such payment and shall be entitled to the benefit of any refund or recovery.
21.5 With regard to any taxes not billed due to the certification by purchasing Pafi under
Section 21.3.3, herein, if it is ultimately determined that any additional amount of such a tax or fee
is due to the imposing authority, the purchasing Party shall pay such additional amount, including
any interest and penalties thereon.
21.5.1 Notwithstanding any provision to the contrary, with regard to taxes and fees that
the providing Party has refrained from billing under the certification procedure of Section
21-5.2 herein the purchasing Party shall protect, indemnify and hold harmless (and
defend at the purchasing Party's expense) the providing Party from and against any such
tax or fee, interest or penalties thereon, or other charges or payable expenses (including
reasonable attomey fees) with respect thereto, which are incurred by the providing Party
in connection with any claim for or contest of any such tax or fee.
21.5.3 Each Party shall notify the other Party in writing of any assessment, proposed
assessment or other claim for any additional amount of such a tax or fee by a taxing
authority; such notice to be provided, if possible, at least ten (10) Days prior to the date
by which a response, protest or other appeal must be filed, but in no event later than
thirty (30) Days after receipt of such assessment, proposed assessment or claim.
21.6 Taxes and Fees lmposed on Providing Party But Passed On To Purchasing Party.
21.6.1 Taxes and fees imposed on the providing Party, which are permifted or required
to be passed on by the providing Party to its customer, shall be borne by the purchasing
Party when billed to the purchasing party contemporaneously with the applicable
Services subject to such taxes or fees.
21.6.2 To the extent permitted by applicable law, any such taxes and/or fees shall be
shown as separate items on applicable billing documents between the Parties.
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21.6.3 lf the purchasing Party disagrees with the providing Party's determination as to
the application or basis for any such tax or fee, the Parties shall consult with respect to
the imposition and billing of such tax or fee. The providing Party shall further retain
ultimate responsibility for determining whether and how to contest the imposition of such
taxes and fees; provided, however, where providing Party wishes to contest a tax or fee
that it is ultimately responsible for paying under this agreement and for which the
purchasing Party has indemnified the providing Party as provided in Section 21.6.6, the
providing Party shall not unreasonably withhold its cooperation in contesting such tax or
fee. Any such contest undertaken at the request of the purchasing Party shall be at the
purchasing Party's expense.
21.6.4 ln the event that all or any portion of an amount sought to be collected must be
paid in order to contest the imposition of any such tax or fee, or to avoid the existence of
a lien on the assets of the providing Party during the pendency of such contest, the
purchasing Party shall be responsible for such payment and shall be entitled to the
benefit of any refund or recovery.
21.6.5 lf it is ultimately determined that any additional amount of such a tax or fee is due
to the imposing authority resulting from such a claim or contest , the purchasing Party
shall pay such additional amount, including any interest and penalties thereon.
21.6.6 Notwithstanding any provision to the contrary, the purchasing Party shall protect,
indemnify and hold harmless (and defend at the purchasing Party's expense) the
providing Party from and against any such tax or fee, interest or penalties thereon, or
other reasonable charges or payable expenses (including reasonable attorneys' fees)
with respect thereto, which are incuned by the providing Party in connection with any
claim for or contest of any such tax or fee.
21.6.7 Each Party shall notify the other Party in writing of any assessment, proposed
assessment or other claim for any additional amount of such a tax or fee by a taxing
authority; such notice to be provided, if possible, at least ten (10) Days prior to the date
by which a response, protest or other appeal must be filed, but in no event later than
thirty (30) Days after receipt of such assessment, proposed assessment or claim.
21.7 Mutual Cooperation. ln any contest of a tax or fee by one Party, the other Party shall
cooperate fully by providing records, testimony and such additional information or assistance as
may reasonably be necessary to pursue the contest. Further, the other Party shall be reimbursed
for any reasonable and necessary out-of-pocket copying and travel expenses incurred in
assisting in such contest.
AMENDMENTS AND MODIFICATIONS
22.1 No provision of this Agreement shall be deemed waived, amended or modified by either
Party unless such a waiver, amendment or modification is in writing, dated, and signed by both
Parties.
SEVERABILITY
23.1 Subject to Section 3 - Regulatory Approvals, if any part of this Agreement becomes or is
held to be invalid for any reason, such invalidity will affect only the portion of this Agreement
which is invalid. ln all other respects this Agreement will stand as if such invalid provision had not
been a part thereof, and the remainder of the Agreement shall remain in full force and effect.
HEADINGS NOT CONTROLLING
24.1 The headings and numbering of Sections, Parts and Attachments in this Agreement are
for convenience only and shall not be construed to define or limit any of the terms in this
Agreement or affect the meaning or interpretation of this Agreement.
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25. ENTIRE AGREEMENT
25.1 This Agreement, including all Parts and Attachments and subordinate documents
attached hereto or referenced in this Agreement, all of which are hereby incorporated by
reference, constitute the entire matter thereof, and supersede all prior oral or written agreements,
representations, statements, negotiations, understandings, proposals, and undertakings with
respect to the subject matter thereof.
26. COUNTERPARTS
26.1 This Agreement may be executed in counterparts. Each counterpart shall be considered
an original and such counterparts shall together constitute one and the same instrument.
27. SUCCESSORS AND ASSIGNS
27.1 This Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and
their respective successors and permitted assigns.
28. IMPLEMENTATION
28.1 This Agreement sets forth the overall terms and conditions, and standards of
performance for services, processes, and systems capabilities that the Parties will provide to
each other. The Parties understand that the arrangements and provision of services described in
this Agreement shall require technical and operational coordination between the Parties.
Accordingly, the Parties agree to form a team that shall further develop and identify those
processes, guidelines, specifications, standards and additional terms and conditions necessary to
support the terms of this Agreement.
29. SECURITY DEPOSIT
29.1 CenturyLink reserves the right to secure the account with a suitable form of security
deposit in the form and amounts set forth herein.
29.2 Security deposits shall take the form of cash or cash equivalent, an irrevocable letter of
credit or other form of security acceptable to CenturyLink.
29.3 lf a security deposit is required on a new account, the security deposit shall be made
prior to inauguration of service. lf a security deposit is requested for an existing account,
payment of the security deposit will be made prior to acceptance by CenturyLink of additional
orders for service.
29.4 Security deposits shall be in an amount equal to two (2) months' estimated billings as
calculated by CenturyLink, or twice the most recent month's invoices from Centurylink for
existing accounts. All security deposits will be subject to a minimum deposit level of $10,000.
29.5 The fact that a security deposit has been made in no way relieves Carrier 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.
29.6 CenturyLink may increase the security deposit requirements when gross monthly billing
has increased beyond the level initially used to determine the security deposit. lf payment of the
additional 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 breach of the Agreement.
29.7 Any security deposit shall be held by CenturyLink as a guarantee of payment of any
charges for services billed to Carrier pursuant to this Agreement or in connection with any other
services provided to Carrier by CenturyLink. CenturyLink may exercise its right to credit any cash
deposit to Carrie/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:
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29.7.1 when Carrier's undisputed balances due to CenturyLink are more than thirty (30)
days past due; or
29.7.2 when Carrier files for protection under the bankruptcy laws; or
29.7.3 when an involuntary petition in bankruptcy is filed against Carrier and is not
dismissed within sixty (60) days; or
29.7.4 when this Agreement expires or terminates; or
29.7.5 any letter of credit issued hereunder or any bank issuing a lefter of credit
hereunder (each, a "Letter of Credit Bank") fails to meet the terms, conditions, and
requirements set forth below in this Section; or
29.7.6 Carrier fails to provide CenturyLink with a replacement lefter of credit on the
terms set forth herein at least 10 business days prior to the expiration of any letter of
credit issued to CenturyLink hereunder.
29.8 lf any security deposit held by CenturyLink is applied as a credit toward payment of
Carrier's balances due to CenturyLink, then CenturyLink may require the Canier 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 Carrier will be considered in breach of
the Agreement.
29.9 Any security deposit may be held during the continuance of the service as security for the
payment of any and all amounts accruing for the service. No interest will accrue or be paid on
deposits.
29.10 Any letter of credit issued to CenturyLink hereunder must meet the following
requirements:
29.10.1 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
Carrier proposes that the lefter of credit be issued by a bank that is not so rated by
Standard & Poor's or Moody's, then Carrier must obtain the prior wriften approval of
CenturyLink to use such bank as the Letter of Credit Bank.
29.10.2 The lefter of credit shall be in such form and on terms that are acceptable to
CenturyLink and must include an automatic one-year renewal extension.
29.10.3 lf Carrier receives notice from the Letter of Credit Bank of any non-renewal of
a letter of credit issued hereunder, then Carrier shall promptly notify CenturyLink of such
notice of non-renewal. Not later than 10 business days prior to the expiration of the letter
of credit, Carrier shall provide CenturyLink a replacement letter of credit on substantially
identical terms to the expiring lefter of credit (or such other terms as are acceptable to
CenturyLink). lf Carrier provides a replacement letter of credit not later than 10 business
days prior to the expiration of the existing 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 Carrier.
29.10.4 lf Carrier 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 29.
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PART C - INTERCONNECTION AND INTERCARRIER COMPENSATION
30. INTERCONNECTION
30.1 Points of lnterconnection (POls)
30.1.1 CMRS must establish a minimum of one POI on CenturyLink's network within
each LATA in accordance with the terms of this Agreement. CMRS shall establish
additional POls under the following circumstances:
a. CMRS must establish a POI at each CTL Tandem Switch or order and
pay for Local lnterconnection Entrance Facility and Direct Trunk Transport to all
other tandems in the LATA where it wishes to exchange (i.e., receive or
terminate) any types of traffic which are permitted under Section 30 with
CenturyLink or where it has established codes within that tandem serving area.
Nothing in this paragraph shall require the Parties to modify their cunent
interconnection arrangements and new POls (i.e., those not existing as of the
Effective Date of this Agreement) shall be established only upon the mutual
agreement of the Parties, except for new POI's or Direct Trunk Transport where
required for the Parties to route traffic according to LERG.
b. When a CenturyLink End Office Switch subtends a CenturyLink Tandem
Switch or a non-CenturyLink Tandem, CMRS 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 30.1.2. Except for the threshold established in
Section 30.1.2.a, nothing in this paragraph shall require the Parties to modify
their current interconnection anangements and New POls (i.e., those not existing
as of the Effective Date of this Agreement) shall be established only upon the
mutual agreement of the Parties, except for the threshold requirements of
Sections 30.1.2.a.
c. To the extent CenturyLink's network contains multiple non-contiguous
exchanges in the LATA that are not interconnected by CenturyLink-owned
network, CMRS 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 permifted under section 30 with
CenturyLink.
30.1.2 POlThresholdsa. 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, CMRS 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.
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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
five hundred dollars ($500.00) for one month, CMRS must establish a POI or
order DTT pursuant to Section 34.7.1 from their POI at a CenturyLink Tandem
Switch in the LATA to CenturyLink's End Office for the mutual exchange of traffic
within thirty (30) Days notification from CenturyLink.
30.2 lnterconnection Facilities
30.2.1 Each Party is financially responsible for transport on its side of each POl. lf
CMRS chooses to lease the facility from each POI to CMRS's network from CenturyLink
and the facility is within CenturyLink's serving territory, GMRS will lease the facility from
CenturyLink as defined in section 31. This does not negate the Parties' obligations to
share the cost of interconnection facilities established in Part C.
NETWORK INTERCONNECTION METHODS FOR DIRECT INTERCONNECTION
31.1 Leased Facility
31.1.1 Where facilities exist, CMRS may lease facilities from CenturyLink to
establish lnterconnection through CenturyLink's provision of a DSI or DS3 Local
lnterconnection Entrance Facility and Direct Trunked Transport. A Local
lnterconnection Entrance Facility extends from the Centurylink Serving Wire
Center to CMRS's Switch or other CMRS Premises within CenturyLink's serving
area. Local lnterconnection Entrance Facilities may not extend beyond the area
served by the CenturyLink Serving Wire Center. The rates for Local
lnterconnection Entrance Facilities are provided in Table 1. Local
lnterconnection Entrance Facilities may not be used for interconnection with
Unbundled Network Elements, or in a manner inconsistent with the requirements
in section 30. Centurylink's special access service is available as an alternative
to CenturyLink provided Local lnterconnection Entrance Facilities, subject to
Section 34.7.1.2. when CMRS uses such special access service for multiple
services. CenturyLink's Switched Access Services are also available as an
alternative to CenturyLink Local lnterconnection Entrance Facilities, subject to
34.7.1.3. CMRS may also lease access facilities from a third party.
31.2 Mid Span Fiber Meet.
31.2.1 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 CMRS'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 control the environment.
3. The construction of new facilities for a Mid Span Fiber Meet is
only applicable when traffic is roughly balanced.
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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. CMRS 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.
31.3 Third Party ILEC Meet Point using Leased Facilities. lf CMRS chooses to interconnect
with CenturyLink using a third party ILEC Meet-Point arrangement (i.e., leased 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.
31.4 Self-Provisioned. CMRS may construct or otherwise self-provision lnterconnection
Facilities.
31.5 lnterconnection to CenturyLink is possible with the following types of interconnection:
31.5.1 Type 1 lnterconnection. lf Canier has existing Type 1 lnterconnections,
Centurylink will permit the existing Type 1 interconnections to continue under the
following terms. No new Type 1 lnterconnections will be provisioned and no existing
Type 1 connections will be expanded. Type 1 lnterconnection is a trunk connection with
line treatment at an End Office that uses trunk-side signaling protocols in conjunction with
a feature generically refened to as Trunk With Line Treatment. A Type 1 lnterconnection
uses multi-frequency (MF) address pulsing and supervision only. For M-L traffic, the
wireless canier will get access to valid NXXs that terminate to end users that are
assigned to the End Office where the Type-1 interconnection is established or NXXs that
terminate to any End Office that sub-tends the tandem of which the end office where the
Type-1 interconnection also sub-tends. All traffic that falls within the above mentioned
calling scope will be treated as local traffic and the Type-1 composite rate will apply. Any
traffic that goes beyond the above mentioned calling scope must be routed to an
appropriate 2A interconnection or to the wireless carrier's IXC provider.
(a) lf Carrier's M-L Type 1 call routing does not comply with this
agreement, an additional charge may apply to compensate CenturyLink
for additional network costs to terminate traffic outside the local calling
scope of a Type 1 interconnection.
(b) ln addition, Carrier will be responsible for any charges, including
any access charges, which are billed to CenturyLink by third parties. For
Type 1 interconnections, when a third party carrier submits an order to
port a number from Carrier to the third party or when Carrier submits an
order to port a number to Carrier, the Translations Rearrangement
Charge will apply.
(c) CenturyLink will work with Carrier to migrate Carrier's Type 1
lnterconnection and associated directory numbers to a Type 2
interconnection.
31.5.2 Type 2A lnterconnection. A Type 2A lnterconnection is a trunk-side connection
to a CenturyLink Tandem Switch that uses either MF or SS7 signaling and supervision. A
Type 2A lnterconnection provides access to the valid NXX codes served by End Offices
subtending the Tandem Switch. A Type 2A lnterconnection cannot be used to reach
local Operator Services, Directory Assistance or 911/E911. A Type 2A interconnection. can be used to establish interconnection to an lnterexchange Canier. Type 2A
interconnections that access lnterexchange Carriers and local services require separate
trunk groups. Separate trunks may also be required for 8W traffic. This interconnection
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31.5.3.2
30.1.1.b.
type typically requires that Canier establish its own dedicated NXX. ln instances where
number pooling, 1000 block pooling or less than 1000 block numbering utilization is in
effect, less than a full N)(X may be provided over this interconnection to the extent that
the Parties possess the requisite network architecture to support the interconnection.
31.5.2.1 CMRS is responsible for ordering facilities and trunks for its traffic to
interface into CenturyLink's Tandem at the DS1 level, including switch port and
any muxing necessary for such purposes. lf CMRS orders CenturyLink
lnterconnection Facilities for this, the CMRS shall pay the applicable Local
lnterconnection Entrance Facility, Direct Trunked Transport, and multiplexing
rates from Table 1. lf CMRS orders CenturyLink's access services for this, the
CMRS shall pay based on CenturyLink's applicable access tariff instead of Table
1.
31.5.3 Type 28 lnterconnection. A Type 28 lnterconnection is a trunk-side connection
to a CenturyLink End Office that uses either MF or SS7 signaling and supervision. A
Type 28 lnterconnection only provides access to the valid Centurylink NXX codes
served by that End Office and Remote Switches subtending that End Office and cannot
be used to reach EAS points, Operator Services, 911/E911, or to carry 8W or 900 traffic.
This interconnection type typically requires that Carrier establish its own dedicated NXX.ln instances where number pooling, 1000 block pooling or less than 1000 block
numbering utilization is in effect, less than a full NXX may be provided over this
interconnection to the extent that the Parties possess the requisite network architecture
to support the interconnection.
31.5.3.1 CMRS 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 CMRS orders CenturyLink lnterconnection
Facilities for this, the CMRS shall pay the applicable Local lnterconnection
Entrance Facility, Direct Trunked Transport, and multiplexing rates from Table 1.
lf CMRS orders CenturyLink's access services for this, the CMRS shall pay
based on Centurylink's applicable access tariff instead of Table 1.
Nothing in this section is intended to change the requirements of
31.5.4 Type 2C lnterconnection. A Type 2C lnterconnection is a trunk-side connection
to a CenturyLink 9111E911 tandem office that provides access to the Public Safety
Answering Point (PSAP).
31.5.5 Type 2D lnterconnection. A Type 2D lnterconnection is a trunk-side connection
directly to an operator services system switch that provides access to operator services
call processing capabilities.
31.6 Where Carrier requires ancillary services (e.g., Directory Assistance, Operator
Assistance), separate trunks will be provided at Carrier's expense as required for interconnection
and routing to such ancillary services.
31.7 The Parties will utilize either two-way or one-way directionalized trunking on shared
facilities where available and technically feasible. Orders between CenturyLink and Carrier to
establish, add, change or disconnect trunks shall be processed by utilizing the existing electronic
Access Service Request ('ASR'), or such other industry standard that replaces the ASR.
31.8 Establishing a Rate Center
31.8.1 When CenturyLink delivers traffic to or receives traffic from Carrier on a Type 2A
basis, Carrier may establish a rate center for each NPfuNXX that is located within the
serving area of the Tandem Switch to which Carrier is interconnected when the chosen
rate center is served by the same access Tandem Switch.
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31.8.2 Carrier will also designate a rating point and routing point for each NPA/NXX
code assigned for Carrier's use. Carrier shall designate one location for each rate center
area as the routing point for the NPA/NXXs assigned for Carrier's use associated with
that area, and such routing point shall be within the same LATA as the rate center area
but not necessarily within the rate center area itself. Rate center areas may be different
for each Party, as appropriate. The routing point associated with each NPA/NXX
assigned for Carrier's use need not be the same as the corresponding rate center point,
nor must it be located within the corresponding rate center area, nor must there be a
unique and separate routing point corresponding to each unique and separate rate
center. Notwithstanding the above, the routing point may be in a different LATA than the
rating point in circumstances where a routing point is located in the same Tandem Switch
serving territory as the rating point.
31.8.3 Notwithstanding anything to the contrary contained in this Agreement, nothing in
this Agreement is intended to, and nothing in this Agreement shall be construed to, in any
way constrain either Party's choice regarding the size of the local calling area(s) that
either Party may establish for traffic originated by its customers.
3'1.8.4 Nothing in this Agreement shall be construed to mean that CenturyLink agrees
that a fixed wireless network architecture is entitled to interconnection rights as a CMRS
carrier, nor shall anything be construed to mean that Carrier agrees with CenturyLink's
position.
31.9 For all 9111E911 traffic originating from Carrier, it is the responsibility of Carrier to
negotiate with the appropriate state or local public safety answering agency the manner in which
911/E911 traffic from Canier will be processed.
32. EXCHANGE OF TRAFFIC
32.1 When traffic is not segregated according to traffic types, the Parties will use an lnterMTA
traffic factor and a Percent lnterstate Usage factor ("PlU") to estimate the amount of traffic that is
lnterMTA.
32.1.1 The lnterMTA factor accounts for both Carrier-originated and Carrier{erminated
traffic that crosses the MTA boundary and traverses the local interconnection trunks. The
lnterMTA traffic factors and the PIU factor shall be based on traffic studies and the PIU
shall be applied only on minutes of use originating from CenturyLink to Carrier, and the
PIU factor shall be 87.93o/o, such that 87.93o/o of the lnterMTA traffic shall be treated as
interstate, and 12.07o/o (100%-87.93%) shall be treated as intrastate. The factors are
shown in Table 1.
32.2 For interMTA traffic crossing local interconnection trunks, CenturyLink will bill Carrier as
follows:
32.2.1 Carrier's wireless-originated traffic crossing local interconnection trunks deemed
interMTA will be billed at CenturyLink's applicable interstate terminating access rate.
This factor is shown in Table 1. There will be no factors for interstate/intrastate usage.
32.2.2 CenturyLink-originated traffic crossing local trunks deemed interMTA will be
billed at CenturyLink's applicable originating access rate. Of the traffic deemed
interMTA, the percent deemed interstate, and the percent deemed intrastate are reflected
as a PIU factor shown in Table 1. CenturyLink will use SS7 records to determine its
originating traffic routed on local trunks.
32.2.3 CenturyLink will pay no compensation to Carrier for interMTA traffic.
32.2.4 No reciprocal compensation will be paid by CenturyLink to Carrier for interMTA
traffic. CenturyLink may bill Carrier switched access tariffed rates for this traffic in
accordance with 32.2.2.
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32.2.5 At any time after the Effective Date, the Parties may conduct a state-specific
traffic study, and shall agree on the number of) days of traffic information for the study, to
determine an updated lnterMTA traffic percentages and/or PlU, the results of which will
be used going forward upon amendment to this Agreement by the Parties; provided,
however, that the lnterMTA factors and PIU shall not be revised more often than once
every six months. The Parties will work together to ensure the necessary traffic data
required for sampling purposes is available for such study.
32.3 Standard interconnection facilities shall be extended superframe (ESF) with BSZS line
code where cunently available.
32.4 Where available, CenturyLink will provide and implement all defined and industry
supported SS7 mandatory parameters as well as procedures in accordance with ANSI standards
to support SS7 signaling for call setup for the interconnection trunks. To the extent CenturyLink
provides ANSI optional parameters for its own use, CenturyLink shall provide the same to Carrier.
32.5 Where available, CenturyLink will provide carrier identification parameter (ClP) within
Carrier's SS7 callset-up signaling protocol at no charge.
32.6 Centurylink shall support intercompany 64 KBPS clear channel where it provides such
capability to its end users.
32.7 lf Carrier interconnects its SS7 network with CenturyLink's SS7 network, both parties will
support CLASS signaling, to the extent each Party offers related features and functions to its own
end-users.
32.8 Each Party is responsible for the transport of originating calls from its network to the POl,
and each Party will ensure that its facilities are compatible with the mutually agreed upon
transmission and facility specifications.
32.9 Where Carrier's switch is equipped, Carrier will provide JIP (Jurisdiction lnformation
Parameter) with allterminating traffic (Mobile to Land).
32.10 Signaling Parameters: CenturyLink and CMRS 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 Order to enable each Party to issue bills in a complete and timely fashion.
All CCS signaling parameters will be provided unchanged including CPN and ChN 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.
33. TYPES OF TRAFFIC AND SERVICES
33.1 This Agreement applies only to the exchange of Local Traffic, Transit Traffic and Ancillary
Traffic. Although Non-Local Traffic may be transmitted over the same facilities used for Local
Traffic, the rates and terms for the exchange of Non-Local Traffic are based on the rates and
elements included in CenturyLink's access tariffs.
33.2 Each Party will be fully responsible for all traffic originating from its network and
terminating to the other party's network in terms of traffic type as well as completeness and
accuracy of call record data. The Parties will send all available message indicators, including
originating telephone number, local routing number and ClC.
34. COMPENSATION
34.1 Non-LocalTraffic
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34.1.1 Carrier will compensate CenturyLink for Non-Local Traffic based on the
applicable access charges in accordance with FCC and Commission Rules and
Regulations.
34.2 Local Traffic. Under this Agreement, Bill and Keep shall apply to the exchange of Local
Traffic solely when such traffic terminates to the end users of one of the Parties (including
wireless traffic of end user customers of Carrier's wireless roaming partners). The transit rate
shall apply to Transit Traffic.
34.3 lntentionally Left Blank
34.4 Transit Traffic. Carrier shall pay a transit rate, as set forth in Table I when Carrier uses a
CenturyLink tandem to terminate Transit Traffic to a third-party.
34.5 When transit traffic originated by a third party is routed through a CenturyLink Tandem to
CMRS, and the third party is not legally obligated to compensate CenturyLink for the transit
service provided in transporting the traffic to CMRS as a result of paragraph 999 of the FCC
Report ond Order ond Further Notice of Proposed Rulemaking ln the Matter of Developing a Unified
lntercorrier Compensotion Regime, CC Docket No. 01-92, FCC 11-151 (rel. Nov. L8, 20Ll), effective
December 29,2011, then CMRS, upon notice from CenturyLink (which notice will be given within
a reasonable time after CenturyLink receives notice from any such third party) will either:
34.5.1 Establish direct interconnection with said third party; or
34.5.2 Pay transit rate, as set forth in Table 1.
34.6 CMRS shall compensate CTL at the lower transit rates, per MOU, as set forth in the
Pricing Sheet if the following terms are met:
(a) CMRS has continuously received Transit Service from CTL pursuant to the
terms of this agreement through December 31, 2016, and;
(b) CMRS has delivered at least 250,000,000 minutes of Transit Service traffic to
CTLfrom January 1,2016 to December31,2016, and;
(c) Transit rates apply to the following OCN's only: 0298, 0356, 0423, 0424,0427,0431,
0434,0436,0439, 0440, 0442,0458,0485, 0552, 0557, 0574, 0630, 0671, 0689, 0702,
0705,0747,0801, 0841 , 0857, 0877 ,0884,0895, 0898, 0913,0922,0924, 0931, 0934,
0950, 0956, 0959, 0970, 1057,1126,1142,1143,1144,1151, 1 155, 1159,1274,1445,
1706,1711, 1720, 1727 ,2101, 2117,2140,2185,2208,2225,2249,2274,2299,2360,
2395, 2408, 241 0, 2422, 4437, 4438, 97 84, 97 85, 97 86, 97 87, 9788, 9789.
34.7 lf CMRS does not meet the required volume of Transit Service for Transit Traffic set forth
in 3a.6(b), then the lower transit rate will not apply.
34.8 Paging Traffic. Bill and Keep shall apply for termination of paging services.
34.9 Billing Elements for lnterconnection Facility
34.9.1 Local lnterconnection Entrance Facility
34.9.1.1 Recurring and nonrecurring rates for Local lnterconnection
Entrance Facilities are specified in Table 1 and will apply for those DS1 or DS3
facilities dedicated to use as lnterconnection and ordered as lnterconnection
Facilities.
34.9.1.2 lf CMRS 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.
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34.9.1.3 lf CMRS 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.
34.9.2 Recurring rates for Direct Trunked Transport (DTT) are specified in Table 1 and
will apply for those DS1 or DS3 facilities dedicated to use as lnterconnection and ordered
as lnterconnection Facilities. Direct Trunked Transport (DTT) is available between the
Serving Wire Center of the Local lnterconnection Entrance Facility or Collocation and the
terminating and/or transiting Tandem Switch or End Office Switches.
34.9.2.1 When DTT is provided to a Tandem Switch the applicable DTT rate
elements apply between the Serving Wire Center and the Tandem Switch.
34.9.2.2 Rate band shall be determined for DTT based on the Combination of the
Serving Wire Center and the Tandem Switch or End office Switch. Pending
system conversions may require a change to a new standard DTT rate structure
which will be reflected to an amended Table 1.
34.9.2.3 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 based on the
agreed upon Relative Use Factor (RUF) in Table 1.
34.9.2.3.1 CenturyLink will bill CMRS for the entire DTT and Local
lnterconnection Entrance Facility provided by CenturyLink at the rates
in Table 1.
34.9.2.3.2 CenturyLink's portion of the DTT and Local
lnterconnection Facility will be based on the RUF determined by the
Parties using the following to assign the minutes for which CenturyLink
is responsible:
. All Local Traffic Minutes of Use (MOU) that CenturyLink
originates and sends to CMRS over the Local lnterconnection
Entrance Facilities.
34.9.2.3.3 CMRS may bill CenturyLink for CenturyLink's use of the
Local lnterconnection Entrance Facility and DTT provided by the
CMRS on CMRS's side of the POl, which are within the LATA and
CenturyLink's serving territory, based on the RUF defined in 34.7.2.3.2
and the rates in Table 1.
34.9.2.3.4 The Parties can mutually agree to re-negotiate the RUF
no more than once every six months and shall Amend the agreement
accordingly.
34.9,3 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.
34.9.4 Trunk Nonrecurring charges
34.9.4.1 lnstallation and Disconnect nonrecurring charges may be
assessed by the provider for each lnterconnection Trunk ordered at the rates in
Table 1.
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34.9.4.2 Nonrecuning 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.
34.9.5.3 lf the lnterconnection Facility is ordered as Switched Access
Service, then the applicable tariffed trunk nonrecuning charges apply instead of
the rates from Table 1.
CHARGES AND PAYMENT
35.1 ln consideration of the services provided under this agreement, the Parties shall pay the
charges set forth in Table 1.
35.2 Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30)
days from the Bill Date. lf the payment due date is a Saturday, Sunday or a designated bank
holiday, payment shall be made the next Business Day. For invoices not paid when due, late
payment charges will be assessed.
35.2.1 lf an invoice is not paid within sixty (60) Days after the bill date, CenturyLink will
suspend processing new orders and cancel any pending orders.
35.2.2 lf the account remains delinquent ninety (90) Days after the bill date, CenturyLink
will terminate all services under this Agreement.
35.3 ltemized, written disputes must be submitted on the dispute form to the National Access
Service Center (NASC), or appropriate equivalent center no later than 120 days after the due
date of the related invoice. A copy of the dispute must be sent with the remiftance of the
remainder of the invoice. Billed amounts which are being investigated, queried, or for which
claims have been or may be filed, are not due for payment until such investigations, claims, or
queries have been resolved in accordance with the provisions governing dispute resolution of this
Agreement.
35.3.1 lf the Billed Party fails to dispute a rate or charge within 120 Days following the
invoice date on which the rate or charge appeared, adjustment will be made on a going-
forward basis only, beginning with the date of the dispute.
35.3.2 CenturyLink will back-bill for underbilling of any service provided no more than six
billcycles.
35.4 CenturyLink will not accept any new or amended order for Telecommunications Services,
lnterconnection or other related services under the terms of this Agreement from Carrier while
any past due, undisputed charges remain unpaid for any service, whether covered by this
Agreement or not, and reserves the right to terminate existing services.
35.5 CenturyLink will assess late payment charges to Carrier until the amount due is paid in
full. Such late payment charges will be calculated using a rate equal to the lesser of:
35.5.1 the total amount due times the highest rate (in decimal value) which may be
levied by law for commercial transactions, compounded daily for the number of days from
the payment date to and including the date the customer actually makes the payment to
CenturyLink;or,
35.5.2 the total amount due multiplied by a factor of 0.000329 times the number of days
which occurred between the payment due date and (including) the date Carrier actually
makes the payment to CenturyLink.
BILLING
36.1 Record Exchange
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36.1.1 CenturyLink and Canier agree that no call records will be exchanged between
the Parties.
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38.
PART D - NETWORK MAINTENANGE AND MANAGEMENT
37. GENERALREQUIREMENTS
37.1 The Parties will work cooperatively to install and maintain a reliable network. The Parties
will exchange appropriate information (e.9., maintenance contact numbers, network information,
information required to comply with law enforcement and other security agencies of the
government, etc.) to achieve this desired reliability.
37.2 Each Party shall provide a twenty-four (24) hour contact number for network traffic
management issues to the other's surveillance management center. A fax number must also be
provided to facilitate event notifications for planned mass calling events. The Parties shall agree
upon appropriate network traffic management control capabilities.
37.3 Centurylink will process Carrier maintenance requests at Parity.
37.4 Notice of Network Change. ln accordance with Part B, Section 15 of this Agreement, the
Parties agree to provide each other reasonable notice of network changes. This includes the
information necessary for the transmission and routing of services using each other's facilities or
networks, as well as other changes that would affect the interoperability of those facilities and
networks. At a minimum, CenturyLink shall comply with all applicable FCC and Commission
notification requirements. Correct LERG data is considered part of this requirement.
37.5 CenturyLink will ensure that all applicable alarm systems that support Canier customers
are operational and the support databases are accurate. CenturyLink will respond to Canier
customer alarms at Parity with response to alarms for its own canier customers.
37.6 Parties shall provide prior notification of any scheduled maintenance activity performed
by the Parties that may be service affecting to the other Party.
RESTOR.ATION OF SERVICE IN THE EVENT OF OUTAGES
38.1 CenturyLink shall perform restoration of services in the event of outages due to
equipment failures, human error, fire, natural disaster, acts of God, or similar occurrences at
Parity, in accordance with the following priorities. First, restoration priority shall be afforded to
those services affecting its own end users or identified Carrier end users relative to national
security or emergency preparedness capabilities and those affecting public safety, health, and
welfare, as those elements and services are identified by the appropriate government agencies.
Second, restoration priority shall be afforded between CenturyLink and Carrier in general. Third,
should CenturyLink be providing or performing tandem switching functionality for Carrier, third-
level priority restoration should be afforded to any trunk. All service shall be restored as
expeditiously as practicable and in a non-discriminatory manner.
39. SERVICE PROJECTIONS
39.1 CenturyLink and Carrier will provide a non-binding two-year inter-company forecast for
traffic utilization over trunk groups. These forecasts shall be updated semi-annually or at other
standard intervals as mutually agreed to by both Parties. The forecast shall include the following
information for each trunk group:
39.1.1 Common Language Location ldentifier (CLLI-MSG) codes for Tandem and End
Office locations;
39.1.2 Two-Six Codes for each trunk group;
39.1.3 Quantity of trunks in service;
39.1.4 Share usage and share overflow information. This information willbe derived by
taking the highest usage of a 2O-day period (generally a four-week period, not to include
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weekends or holidays) from the previous 12 months, or other interval as local conditions
warrant and are mutually agreed to by both Parties;
39.1.5 Major network projects that affect the other Party. Major network projects
include, but are not limited to, trunking or network rearrangements, shifts in anticipated
traffic pattems, or other activities by either Party that are reflected by a significant
increase or decrease in trunking demand for the two-year forecast window.
QUALIW OF SERVICE
40.1 lnterconnection quality of service shall be at Parity with that provided by CenturyLink for
its own services.
40.2 A blocking standard of 1olo during the average busy hour shall be maintained for all local
intercon nection facilities.
40.3 Carrier and CenturyLink shall negotiate a process to expedite network augmentations
and other orders when initiated by the other Party.
INFORMATION
41.1 The Parties must provide order confirmation within 24 hours of completion to ensure that
all necessary translation work is completed on newly installed facilities or augments.
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PART E - ACCESS TO TELEPHONE NUMBERS
42. GENERAL REQUIREMENTS
42.1 lt is the responsibility of each Party to program and update its own switches to recognize
and route traffic to the other Party's assigned NXX codes. Neither Party shall impose fees or
charges on the other Party for required programming and switch updating activities.
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PART F - TRANSIT SERVICE (Non-251 Service)
43. TRANSIT TRAFFIC
43.1 To the extent network and contractual arrangements exist with all necessary parties
throughout the term of this Agreement, and where the Parties have a Type 2A lnterconnection
(i.e., Canier is interconnected at CenturyLink's tandem), CenturyLink will provide Transit Services
for the exchange of traffic between Carrier and third parties interconnected at the same tandem.
43.2 CenturyLink may require separate trunking for the delivery of such Transit Traffic in order
to accurately measure and bill it.
43.3 Terms and Conditions
43.3.1 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 End
Office NPA-NXXs. To the extent CenturyLink identifies, either through its own recording
capabilities or through call detail records provided by another canier, traffic that is originated
by Carrier and terminated indirectly to CenturyLink through a third party ILEC tandem, Carrier
will reimburse CenturyLink for any transit charges billed by the intermediary carrier to
Centurylink. lndirect Traffic is intended only for de minimis traffic, therefore lndirect Traffic
will be allowed on routes between CenturyLink End Offices and Carrier in instances where,
and only so long as, none of the threshold requirements set forth in Section 30.1.2 of this
Agreement have been reached. ln addition, Carrier agrees not to route Transit Traffic to a
non-Centurylink Tandem when the NPA-NXX of the number called is assigned to a carrier
other than CenturyLink and also is rated within CenturyLink's Tandem serving area and
served by a CenturyLink Tandem. Carrier shall reimburse CenturyLink for any terminating
compensation charged to CenturyLink by a third party terminating canier as a result of any
such double Tandem Transit Traffic that may be routed by Carrier. ln addition, Carrier will be
financially responsible for any Transit Traffic charges CenturyLink may charge for such traffic.
The Parties agree that they have an obligation to route traffic according to the requirements
of the Local Exchange Routing Guide ("LERG").
43.3.2 Carrier acknowledges that a third-party carrier may block transit traffic. To the
extent traffic is blocked by a terminating third party, CenturyLink will have no obligation to
resolve the dispute. Carrier acknowledges that CenturyLink does not have any responsibility
to pay any third-party canier charges for termination of any Transit Traffic. CenturyLink will
not pay such charges on behalf of Canier.
43.3.3 Notwithstanding any other provision to the contrary, once the volume of Transit
Traffic exchanged between Carrier and a third party exceeds the equivalent of three (3) DSl s
of traffic, CenturyLink may, but shall not be obligated to, require Carrier to establish a direct
connection with the parties to whom they are sending traffic. Centurylink also reserves the
right to require Carrier to establish a direct connection to the third party if, in CenturyLink's
sole discretion, the CenturyLink 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 Carrier of the requirement to direct connect, Carrier shall
establish a direct lnterconnection with such third party. After sixty (60) Days, if Carrier has
not established a direct lnterconnection, CenturyLink may thereafter charge Carrier for such
Transit Service at double the transit rate set forth in the Agreement, or discontinue providing
Transit Service to Carrier, at the sole discretion of CenturyLink, provided however, that
CenturyLink shall exercise such discretion in a non-discriminatory manner.
43.4 Payment Terms and Conditions
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Carrier will pay CenturyLink transit charges for Transit Traffic as set forth in Table
43.5 Billing Records and Exchange of Data
43.5.1 Each Party will use best efforts to convert all network's transporting transit traffic
to deliver each call to the other Party's network with SS7 Common Channel lnteroffice
Signaling (CCIS) and other appropriate TCAP messages in order to facilitate full
interoperability and billing functions. The Parties will send all available message indicators,
including originating telephone number, local routing number and ClC.
43.5.2 Upon request and to the extent available, CenturyLink will provide the terminating
Party information on traffic originated by a third party Carrier or CMRS provider.
43.6 To the extent that the industry adopts a standard record format for recording originating
and/or terminating transit calls, both Parties will comply with the industry-adopted format to
exchange records.
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SIGNATURES
!N WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed by its duly
authorized representatives.
New GingularWireless PCS, LLC
and its Gommercial Mobile Radio
Service Affiliates
By:
Name:
Title:
Date:
David Handal
Canier Relations Director
6/8/20L6
4.28.1 BlLAMlNew Cingular Wireless PCS, LLC
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GenturyTelof the Gem State, !nc. d/b/a
CenturyLink,
CenturyTel of ldaho, lnc. d/b/a CenturyLink
By:
Name:
Title:
Date:
Diane Roth
Director - Wholesale Contracts
6/8/20L6
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Table I
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Table 1 - Rates
MRC NRG CMRS Elements
qccount Establishment s224.07
USR. MANUAI $11.67
CSR - Automated $0.0c
Servrce urder Keouests tor Lsh( - srmDle $9.23
5ervtce uroer Keouests tor LliR - uomolex $41.0t
iervtce urder Keouests tor usF( - urredorv Lrstrno unlv $5.64
WXffW,W
Local lnterconnection Entrance Facility
DS1 $117.48 s381.1
L'rsconnecl $59.67
DS3 rcB tcE
local I nterconnection Entrance Facilitv
DSI $330.67 $381.1(
Disconnect $59.67
DS3 tcE tcE
DS1 $103.4r
Fixed $18.31
Per Mile $105.6'
Disconnect $26.0r
DS3 3103.44
Fixed $354.9(
Per Mile $2,5U.22
uisconnect $26.04
)S1-DSo (per DS1) - (Shelf only, rate does not include cards)$92.03 $103.41
Disconnect $26.04
DS3-DS1 (per DS3)$262.0(S103.4'l
Disconnect $26.04
Local traffic Termination - Per Minute of Use Bill and Keeo
Plan Year 1: Current through December 31,2016
Transit - per MOU 0.002t
Third Party Oriqinated Transit - Per Minute of Use 0.002t
Plan Year 2: Effective January 1,2017
Transit - Per Minute of Use 0.002:
Third Partv Orioinated Transit - Per Minute of Use 0.0021
M - L lnterMTA Traffic Factor 2.000/o
L - M lnterMTA Traffic Factor 6.78"/o
Percent lnterstate Usage L M Factor ("PlU")87.93%
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