20110816Application.pdf

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Lon AUG '6 AM 9: 21
FIOlC119
2200 W. Airfeld Drve
P.O. Box 619002
DFW, Texas 75261August 11,2011
Phone [phone]
Fax [phone]
Email: kimberly.a.douglass&ftr.com
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83710-0074
CTC..T- L( -6(
Re: Agreement for Local Interconnection between Citizens Telecommunications
Company of Idaho and Eltopia Communications, LLC
Dear Ms. Jewell:
Attached for filing and approval are one original plus three copies of an agreement for local
interconnection between Citizens Telecommunications Company of Idaho ("CTC-Idaho") and
Eltopia Communications, LLC.
If you have any questions regarding this agreement, please contact me at 972-456-7551.
Sincerely,~/¿wfk~
Kim Douglass
Senior Consultant
Compliance - Government and Regulatory Affairs
Enclosures
Generic Agreement
Version: 01/22/2009
RECE
ioii AUG 16 AM 9= 27
Agreement Number: 11-EltopiaCTCID-000
AGREEMENT FOR
LOCAL INTERCONNECTION
between
Citizens Telecommunications Company of Idaho
and
Eltoipa Communications, LLC
Dated: May 1, 2011
Page 1
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
SECTION 14.
SECTION 15.
SECTION 16.
SECTION 17.
SECTION 18.
SECTION 19.
SECTION 20.
SECTION 21.
SECTION 22.
SECTION 23.
SECTION 24.
SECTION 25.
SECTION 26.
SECTION 27.
SECTION 28.
SECTION 29.
SECTION 30.
Agreement Number: 11-EltopiaCTCID-000
AGREEMENT FOR
LOCAL INTERCONNECTION
Table of Contents
Page
RECITALS AND PRINCIPLES 2GENERAL DEFINITIONS 2
DEPOSIT AND ADVANCE PAYMENT REQUIREMENTS 4ELTOPIA ACCOUNT SETUP 4SERVICE TO END USER 5
COORDINATION OF TRANSFER OF SERVICE (excluding Resale) 5AUDIT 7DISPUTE RESOLUTION 7FORCE MAJEURE 7
REGULATORY APPROVALS 8ENTIRE AGREEMENT 9TERM OF AGREEMENT 9INSURANCE 9AMENDMENT OF AGREEMENT 10WAIVERS 10INDEPENDENT CONTRACTORS 11LIMITATION OF LIABILITY 11INDEMNITY 11DISCLAIMER OF WARRANTIES 12ASSIGNMENT 12CONTROLLING LAW 12SEVERABILITY 13
NO JOINT VENTURE OR THIRD PARTY BENEFICIARIES 13
CHARGES AND PAYMENTS 13DEFAULT 14CONFIDENTIALITY AND PUBLICITY 15NO RIGHTS TO THIRD PARTIES 16HEADINGS 16EXECUTION IN DUPLICATE 18NOTICES 18
ATTACHMENT 1 -INTERCONNECTION
ATTACHMENT 2 - ANCILLARY SERVICES
ATTACHMENT 3 - COLLOCATION
ATTACHMENT 4 - LOCAL NUMBER PORTABILITY
ATTACHMENT 5 - RESALE OF LOCAL SERVICES
ATTACHMENT 6 - PRICING
AGREEMENT FOR
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LOCAL INTERCONNECTION
This Agreement For Local Interconnection ("Agreement") made this 151 day of May, 2011, is by and
between Citizens Telecommunications Company of Idaho, a Delaware corporation, having its principal
place of business at 180 South Clinton Avenue, Rochester, New York 14646 ("Frontiet') and Eltopia
Communications, LLC, a limited liabilty company, having its principal place of business at 2304 Ringold
Road, Eltopia, WA 99330("Eltopia"). Frontier and Eltopia may also be referred to herein singularly as a
"Party" or collectively as "the Parties".
SECTION 1. RECITALS AND PRINCIPLES
Frontier is a telecommunications company authorized to provide telecommunications services in the
State of Idhao; and
Eltopia is a telecommunications company authorized by the Commission to provide local exchange
telecommunications services in the State of Idhao; and
The Parties have in good faith negotiated, and agreed on local Interconnection terms and conditions as
set forth below; and
In consideration of the mutual provisions contained herein and other good and valuable consideration, the
receipt and suffciency of which are hereby acknowledged, Eltopia and Frontier hereby covenant and
agree as follows:
SECTION 2. GENERAL DEFINITIONS
Except as otherwise specified herein, the following definitions wil apply to all sections contained in this
Agreement. Additional definitions that are specific to the matters covered in a particular section may
appear in that section.
2.1. Access Service is a service that connects interexchange carriers to their End Users located
within a local access and transport area (LATA). Access service is used in originating and terminating
intraLA T AlinterLA TA toll telecommunications.
2.2. Access Service Request (ASR) means the industry standard forms and supporting
documentation used for ordering Access Services. The ASR will be used to identify the specific trunking
and facilities request for Interconnection.
2.3. Act means the Telecommunications Act of 1934, as amended from time to time.
2.4. Automatic Number Identification (ANI) refers to the number transmitted through the network
identifying the callng part.
2.5. CLLI Codes means Common Language Location Identifier Codes
2.6 Commission means the governing state regulatory commission, board or authority (PSC, PUC,
etc.).
2.7. Competitive Local Exchange Carrier (CLEC) means a telephone company certified by the
Commission, for Frontier's franchised area, to provide local exchange service within Frontier's franchised
area, and which has a Local Exchange Carrier Tariff approved by the Commission.
2.8. DS1 is a digital signal rate of 1.544 Megabits per second ("Mbps").
2.9. DS3 is a digital signal rate of 44.736 Mbps.
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2.10 End User means the ultimate user or consumer of the telecommunications services being sold or
resold by either Part.
2.11 End User Location means the physical location of the premises where an End User makes use of
the telecommunications services.
2.12 End User Of Record means the entity responsible for placing orders or requests for service;
requesting additions, rearrangements, maintenance or discontinuance of service, and making payment in
full of charges incurred such as toll, directory assistance, etc.
2.13 Enhanced Services shall refer to services, offered over common carrier
transmission facilties, which employ computer processing applications that act on the format, content,
code, protocol or similar aspects of the subscriber's transmitted information; provide the subscriber
additional, different, or restructured information; or involve subscriber interaction with stored information.
In addition and without limiting the foregoing, internet, information services, voicemail, and so-called "chat
line" services are Enhanced Services, of which the voice or TDM component both originates and
terminates within the local callng area as defined by Citizens tariffs. If the voice or TDM component does
not both originate and terminate within such local calling area, the traffc shall not be covered by this
Agreement and shall be subject to interstate or intrastate access tariff depending on the geographic
points of voice or TDM origination and termination.
2.14 Exchange Message Interface (EMI) is the standard used for exchange of telecommunications
message information between telecommunications providers for bilable, non-bilable, sample, settlement
and study data. EMI format is contained in ATIS/OBF-EMI-016, an Allance of Telecommunications
Industry Solutions (ATIS) document, which defines industry standards for exchange message records.
2.15 Interconnection in this Agreement is as defined in the Act.
2.16 Internet Service Provider (ISP) Bound Traffc means traffc delivered by a local exchange carrier,
indirectly or directly, to a provider of Internet Services, of which the voice or TDM component both
originates and terminates within the local callng area as defined by Citizens tariffs. If the voice or TDM
component does not both originate and terminate within such local callng area, the traffc shall not be
covered by this Agreement and shall be subject to interstate or intrastate access tariffs depending on the
geographic points of voice or TDM origination and termination.
2.17 Local Exchange Routing Guide (LERG) is a Telcordia reference document used by carriers to
identify NPA-NXX routing and homing information as well as network element and equipment
designations.
2.18 Local Traffc shall refer to calls originated by one Part's End Users and terminated to the other
Party's End Users within the local exchange area or extended area service toll free callng area as
defined in Frontier's tariffs. Local calls must be actually originated by and actually terminated to parties
physically located within the same local callng area regardless of the NXX assigned to the callng and
called parties.
2.19 Local Service Provider Guide (the "Guide") means the document provided to Eltopia by Frontier,
included by reference herein, which outlines the process and procedures for ordering and maintaining
Eltopia services. This document may be updated from time to time by Frontier. This document is to be
used as reference only and is not a part of this agreement.
2.20 Network Interface Device (NID) is a device that connects the inside wire at the End User Location
to a telephone network.
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2.21 Point of Interconnection (POI) means the physicallocation(s) at which the Parties' networks meet
for the purpose of exchanging Local Traffc.
2.22 Reciprocal Compensation is as Described in the Act.
2.23 Transit Service is the delivery of certain traffc between Eltopia and a third part ILEC, CLEC or
CMRS provider by Frontier over a separate trunk group between Eltopia and Frontier where appropriate
trunks exist between Eltopia and third party through Frontiets tandem. The following traffc types wil be
delivered: (i) Local Traffc originated from Eltopia to such third-part and (ii) Local Traffc originated from
such third-part to Frontiets tandem and terminated to Eltopia.
2.24 A Wire Center is the location of one or more local switching systems, a point at which End Users'
loops converge.
2.25 VNXX Traffc The Parties wil not pay reciprocal compensation on traffc, including Enhanced
Services traffc, when the traffc does not originate and terminate within the same Frontier Local Callng
Area, regardless of the callng and called NPA-NXXs and, specifically, regardless of whether an End User
Customer is assigned an NPA-NXX associated with a rate center that is different from the rate center
where the End User Customer is physically located. This traffc is also known as "VNXX traffc."
Frontiets agreement to the terms in this paragraph is without waiver or prejudice to Frontiets position is
that it has never agreed to exchange VNXX traffc with Eltopia.
SECTION 3. DEPOSIT and ADVANCE PAYMENT REQUIREMENTS
3.1 Frontier may, in order to safeguard its interest, require Eltopia to make a deposit to be held by
Frontier as a guarantee of the payment of rates and charges, unless satisfactory credit has already been
established. Any such deposit may be held during the continuance of the service as security for the
payment of any and all amounts accruing for the service. A deposit wil be returned with interest, at the
Commission prescribed deposit rate, if and when Eltopia pays its undisputed bils on time for 24
consecutive months.
3.2 Such deposit may not exceed two (2) months' estimated biling.
3.3 The fact that a deposit has been made in no way relieves Eltopia from complying with Frontier's
regulations as to advance payments and the prompt payment of bills on presentation nor, does it
constitute a waiver or modification of the regular practices of Frontier providing for the discontinuance of
service for non-payment of any sums due Frontier.
3.4 Frontier reserves the right to increase the deposit requirements when, in its sole judgment, the
conditions justify such action; such conditions include but are not limited to: current deposit does not
cover two (2) months billng, history of late payment, or reconnection after disconnection for non-
payment, or a significant probability of a bankruptcy filing by Eltopia.
3.5 In the event that Eltopia defaults on its account, service to Eltopia will be terminated and any
deposits held wil be applied to its account.
SECTION 4. ELTOPIA ACCOUNT SET UP
4.1 Eltopia must provide the appropriate Frontier representative the necessary documentation to
enable Frontier to establish a master account for Eltopia. Such documentation wil include a completed
Eltopia Master Account Questionnaire, proof of authority to provide telecommunications services within
Frontier territory, proof that tariffs are on file and approved by the applicable Commission, and a tax
exemption certificate, if applicable. Frontier wil have no obligation to begin taking orders for service until
after the necessary documents have been provided to Frontier, and the necessary deposit requirements
are met.
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SECTION 5. SERVICE TO END USER
5.1 Eltopia wil be the End User of Record for all services purchased from Frontier. Except as
otherwise specified herein, Frontier wil only take orders from, bil and expect payment from Eltopia for all
services. Eltopia will be Frontiets single point of contact for all services purchased pursuant to this
Agreement.
5.2 Frontier wil continue to bill the End User for any services that the End User specifies it wishes to
receive directly from Frontier.
5.3 Frontier maintains the right to actively market and serve directly any End User within Frontiets
serving area. Frontier will continue to directly market its own telecommunications products and services
and in doing so may establish independent relationships with End Users of Eltopia.
5.4 Service is furnished subject to the condition that it wil not be used for any unlawful purpose.
Frontier may refuse to provide service to Eltopia when it has reasonable grounds to believe that service
wil be used in violation of the law.
5.5 Service wil be discontinued by Frontier if any law enforcement agency advises that the service is
being used in violation ofthe law.
5.6 Frontier may refuse to provide service to Eltopia when it has reasonable grounds to believe that
service will jeopardize the reliability or effciency of Frontiets network or interferes with or prevents other
persons from using their service, or otherwise impairs the quality of service to other Eltopias or to End
Users.
5.7 Eltopia will be the single point of contact with Frontier for all subsequent ordering activity resulting
in additions or changes to services except that Frontier wil accept a request directly from the End User
for conversion of the End Usets service from Eltopia to Frontier or wil accept a request from another
Eltopia for conversion of the End User's service from the Eltopia to the other Eltopia.
SECTION 6. COORDINATION OF TRANSFER OF SERVICE (EXCLUDING RESALE)
6.1 Coordination of Transfer of Service. To serve the public interest of End Users, the Parties agree
that, when an End User transfers service from one Part to the other Part, it is necessary for the Parties
to coordinate the timing for disconnection from one Part and connection with the other Part so that
transferring End Users are not without service for any extended period of time. Other coordinated
activities associated with transfer of service wil be coordinated between the Parties to ensure quality
services to the public.
6.2 Procedures for Coordinated Transfer of Service Activities. The Parties agree to establish
mutually acceptable, reasonable, and effcient transfer of service procedures that utilze the industry
standard LSR format for the exchange of necessary information for coordination of service transfers
between the Parties. Frontier may describe some of these procedures in its Guide. Reference to Frontier
Guide is for convenience of the Parties and is not intended to be a part of or to affect the meaning of this
Agreement, including, but not limited to, provisions with respect to implementation of the cooperative
coordination of transfer of service activities described herein. If any provision contained in this
Agreement and the Guide cannot be reasonably construed or interpreted to avoid conflict, the provision
contained in this Agreement shall apply.
6.3 Coordinated Transfer of Service Activities. There wil be no premium charges between the
Parties or compensation provided by one Part to the other Part for the coordinated transfer of service
activities between the hours of 8:00 a.m. and 5:00 p.m. Monday - Friday excluding holidays. Frontier may
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charge Eltopia for the coordinated transfer of service activities scheduled outside of the specified hours in
accordance with Frontier's tariff.
6.4 Letter of Authorization. Each Part is responsible for obtaining a Letter of Authorization (LOA)
from each End User initiating transfer of service from one Part to the other Part if necessary. The Part
obtaining the LOA from the End User wil furnish it to the other Part upon request. The Part obtaining
the LOA is required to maintain the original document, for a minimum of twenty-four (24) months from the
date of signature. If there is a conflict between an End User and Eltopia regarding the disconnection or
provision of services, Frontier wil honor the latest dated Letter of Authorization. If the End User's service
has not been disconnected and services have not yet been established, Eltopia will be responsible to pay
the applicable service order charge for any order it has placed. If the End User's service has been
disconnected and the End User's service is to be restored with Frontier, Eltopia will be responsible to pay
the applicable nonrecurring charges as set forth in Frontier applicable tariff to restore the End User's prior
service with Frontier.
6.5 Transfer of Service Announcement. Where an End User changes service from one Part to the
other Part and the End User does not retain his or her original telephone number, the Part formerly
providing service to the End User wil provide a transfer of service announcement, where transfer of
service announcement capabilty is available, on the vacated telephone number. This announcement wil
provide details regarding the new number that must be dialed to reach this End User. The service
announcement will be provided, where available, by the Part formerly providing service to the extent and
at the price specified in the applicable Frontier tariff.
6.6 Disconnect and Transfer of Service Announcement Coordination for Service Transfers with
Change of Number. When an End User changes service from one Part to the other Part and the End
User does not retain his or her original telephone number, the Part from which the End User is
transferring wil honor requests for disconnection and service announcement initiation, where available,
from the Part to which the End User is transferring. The Part to which the End User is transferring
service will provide to the other Part the End Usets name, address, current telephone number, new
telephone number, and date service should be transferred using the industry standard LSR format. The
Part from which the End User is transferring will coordinate with the other Part the disconnection and
service announcement initiation to coincide with the service transfer request date. The service
announcement where available wil be provided on the vacant number upon disconnect coinciding with
the service transfer date. The Parties agree that the installation date wil precede the disconnection date.
6.7 Disconnect and Coordination of Number Portabilty for Service Transfers without Change of
Number. When an End User changes service from one Part to the other Part and the End User retains
his or her original telephone number(s), the Part from which the End User is transferring wil honor
requests for disconnection and local number portabilty, where available, from the Part to which the End
User is transferring. The Part to which the End User is transferring wil provide the other Part the End
User's name, address, current telephone number, and the Location Routing Number (LRN) for LNP, and
the date service should be transferred using the industry standard LSR format. With LNP, the Parties will
coordinate the disconnection, the connection, and number portabilty activities in accordance with the
North American Numbering Council (NANG) flows.
6.8 Combined Transfer of Service Requests. Each Part wil accept transfer of service requests from
the other Part for one End User that includes multiple requests for transferswhere the End User wil
retain one or more telephone numbers.
6.9 Bulk Requests for Transfer of Service. From time to time, either Part may benefi from the
transfer of service for groups. The Parties agree to process bulk transfer of service requests for End
Users having the same biling account number.
6.10 Access to the Network Interface Device (NID). Each Part wil allow the other Part access to the
End User side of the NID consistent with FCC rules. The Part to which the End User is transferring
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service may move all inside wire from the other Part's existing NID to one provided by the Party to which
the End User is transferring service. Where a NID is of the type which provides for End User access to
one side of the NID, the Part to which the End User is transferring service may elect to remove the
inside wire at the connection(s) within the End User side of the NID. Where a NID is of an older type not
allowing access to the End User side of the NID, the Part to which the End User is transferring service
must make a clean cut of the inside wire at the closest point to the NID.
6.11 Expedited Order Charge. Expedited order requests wil be accepted where reasonable and
practical but wil be assessed an expedited order charge. The expedited order charges are listed in
Attachment 7, Pricing.
6.12 Service Date Modifications! Eltopia Not Ready. Eltopia may request a change in due date at least
24 hours prior to the originally scheduled due date. Supplemental charges wil apply when a request for a
new due date is received after the LSR has been confirmed via firm order commitment (FOC).
Supplemental order charges are listed in Attachment 7, Pricing. Alternate workforce is required when an
increase in the complexity of the service order results in a higher per hour rate. If the new service date is
changed to an earlier date, than expedited order charges wil apply. If the request for modification to the
service date occurs within twenty-four (24) hours of the scheduled due date, Eltopia wil be subject to
charges for work and labor-related expenses already completed. If the due date change is requested
due to a class of service change, additional and/or alternate workforce may be required and associated
charges wil apply. These charges will apply on a per occurrence basis.
SECTION 7. AUDIT
7.1 Subject to the terms and conditions of this Section, and the reasonable security requirements of
each Part and except as may be otherwise specifically provided in this Agreement, each Part (the
"Auditing Party") may audit the other Parts (the "Audited Part") books, records and other documents
that relate solely to the Parties' billng to the other Part under this Agreement and to the identification of
traffc subject to this Agreement, once each year at the conclusion of each calendar year, in order
evaluate the accuracy of such other Part's biling and invoicing. The Parties may employ other persons
or firms for this purpose. Such audits shall take place at a time and place agreed to by the Parties no
later than thirt (30) days after notice thereof to such other Part.
7.2 Each Audited Part shall use reasonable efforts to promptly correct any billng error that is
revealed in an audit, including reimbursing any overpayment in the form of a credit to the Auditing Part
on the invoice for the first full billng cycle after the Parties have agreed upon the accuracy of the audit
results. Any disputes concerning audit results shall be resolved pursuant to the Dispute Resolution
Section of the General Terms and Conditions of this Agreement.
7.3 Each Audited Part shall cooperate fully in any such audit, providing reasonable access to any
such auditors, providing reasonable access to any and all appropriate employees and relevant books,
records and other documents reasonably necessary to assess the accuracy of its bils.
7.4 Each Auditing Part may perform a single additional audit of the Audited Part's relevant books,
records and documents during any calendar year if the previous audit uncovered incorrect net variances
or errors in invoices in favor of the Audited Part having an aggregate value of no less than five percent
(5%) of the total amount payable by the Auditing Part during the period covered by the audit.
7.5 All audits shall be conducted at the sole cost and expense of the Auditing Part.
7.6 Upon (i) the discovery by either Part of the overcharges not previously reimbursed to the other
Part or (ii) the resolution of disputed audits, each Part shall promptly reimburse to the Part thereto the
amount of any overpayment together with interest thereon at a rate of 0.5% per month.
SECTION 8. DISPUTE RESOLUTION
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The Parties agree that in the event of a default or any other dispute arising hereunder or in connection
herewith, the aggrieved Part shall first discuss the default or dispute with the other Part and seek
resolution prior to taking any action before any court or regulator or before authorizing any public
statement about or disclosure of the nature of the dispute to any third part. In the event that the Partes
are unable to resolve a default or other dispute, the Parties shall then submit the matter to the
Commission or another mutually agreed upon mediator for non-binding mediation. If mediation is
unsuccessful, recourse may be had by either Part to the Commission, if it has jurisdiction over the
breach or dispute or to an appropriate court having jurisdiction over the Parties and the dispute. Each
Part shall bear the cost of preparing and presenting its case through all phases of the dispute resolution
procedure herein described.
SECTION 9. FORCE MAJEURE
If the performance of the Agreement, or any obligation hereunder is prevented, restricted or interfered
with by reason of any of the following:
9.1 Fire, explosion, flood, earthquake, hurricane, cyclone, tornado, storm, epidemic, breakdown of
plant or power failure;
9.2 War, revolution, civil commotion, acts of public enemies, terrorism, blockade or embargo;
9.3 Any law, order, proclamation, regulation, ordinance, demand or requirement of any government
or any subdivision, authority, or representative of any such government;
9.4 Labor diffculties, such as strikes, picketing or boycotts;
9.5 Delays caused by other service or equipment vendors;
9.6 Any other circumstance beyond the reasonable control of the Part affected;
then the Part affected, upon giving notice to the other Part, wil be excused from such performance on
a day-for-day basis to the extent of such prevention, restriction, or interference (and the other Part wil
likewise be excused from performance of its obligations on a performance so prevented, restricted or
interfered with); provided that the Part so affected will use reasonable efforts to avoid or remove such
causes of nonperformance and both Parties will proceed to perform with dispatch whenever such causes
are removed or cease.
SECTION 10. REGULATORY APPROVALS
10.1 This Agreement, and any amendment or modification hereof, wil be submitted to the Commission
for approval in accordance with Section 252 of the Act. In the event any governmental authority or
agency of competent jurisdiction rejects any provision hereof, the Parties shall negotiate promptly and in
good faith such revisions as may reasonably be required to achieve approvaL.
10.2 In the event the FCC or the Commission promulgates rules or regulations, rates or issues orders,
or a court with appropriate jurisdiction issues orders, which make unlawful or changes the intent of any
provision of this Agreement, the Parties shall negotiate promptly and in good faith in order to amend the
Agreement to substitute contract provisions which are consistent with such rules, regulations or orders.
In the event the Parties cannot agree on an amendment within thirt (30) days from the date any such
rules, regulations or orders become effective, then the Parties shall resolve their dispute under the
applicable procedures set forth in the Dispute Resolution Section of this Agreement.
10.3 The Parties acknowledge that terms of this Agreement were established pursuant to FCC and
Commission orders. Nothing in this Agreement shall be deemed an admission by the Parties regarding
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the interpretation or effect of these rules or orders or an admission by either part that the existing rules
or order shall not be changed, vacated dismissed or modified.
10.4 The Parties jointly agree to cooperate in the filing of this Interconnection Agreement and share
equally the expenses associated with obtaining Commission approval.
SECTION 11. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and supersedes prior agreements between the Parties
relating to the subject matter contained herein and merges all prior discussions between them, and neither
Part wil be bound by any definition, condition, provision, representation, warranty, covenant or promise
other than as expressly stated in this Agreement or as is contemporaneously or subsequently set fort in
writing and executed by a duly authorized offcer or representative of the Part to be bound thereby.
SECTION 12. TERM OF AGREEMENT
12.1 This Agreement wil become effective upon the first business day following the date this
Agreement has been approved by the Commission and wil continue for a period of one (1) year unless
terminated earlier under the conditions set forth herein. This Agreement wil be automatically renewed for
successive periods of six (6) months after the initial term unless either Part provides the other Part with
no less than ninety (90) day's prior, written notification of, in the case of Frontier, its intent to terminate
this Agreement, or, in the case of either Part, its desire to renegotiate at the end of the initial or any
successive period. If Eltopia does not respond to Frontiets written notification of the intent to terminate
the Agreement prior to the expiration of the Agreement term, the Agreement will terminate and not renew
at the end of the Agreement term. Either Part may send a request to renegotiate this Agreement upon its
termination and the Parties intend that the negotiation and arbitration processes of the Act wil be
applicable to such a request. The date of the notice to negotiate a successor agreement wil be the
starting point for the negotiation window under Section 252 of the Act. The Parties intend that a
renegotiated or arbitrated Agreement wil be effective as of the date of termination of this Agreement and
any new negotiated or arbitrated rates wil be subject to true-up as of the termination date of this
Agreement.
12.2 Upon termination or expiration of this Agreement each Part shall promptly pay all amounts
(including any late payment charges) owed under this Agreement.
12.3 Termination upon Ordering and Implementation Inactivity. Notwithstanding anything to the
contrary contained herein, Frontier may terminate this Agreement in the event Eltopia has not (a) placed
any initial orders for any of the services to be provided pursuant to this Agreement and (b) implemented
any said services to Eltopia customers within one (1) year from the Effective Date of this Agreement.
SECTION 13. INSURANCE
13.1 Eltopia wil carry or cause to be carried the following insurance coverage which wil be paid for and
maintained at all times during the term of this Agreement. Such coverage wil be provided through an
insurance provider with an A.M. Best financial rating of "A" or better. Frontier shall be named as an
additional insured on all applicable policies as specified below except for Workers' Compensation.
(i) Commercial General Liabilty Insurance with a minimum limit of liabilty of $2,000,000.00
combined single limit for each occurrence for bodily injury including death, and propert damage.
Such coverage under the Contractual Liabilty section wil be broad enough to cover the terms
and conditions of the Indemnification clause included with this Agreement. Coverage for
explosion collapse and underground ("x, c, u") wil be included.
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(ii) Business Automobile Liabilty Insurance with a minimum limit of liabilty of $2,000,000.00
combined single limit for each occurrence for bodily injury, including death, and propert damage,
covering any automobile used and or operated by, or on behalf of the Eltopia on Frontier's Real
Propert.
(iii) Workers Compensation Insurance with statutory limits and Employets Liabilty Insurance with
limits of $500,000 each accident, $500,000 disease - each employee, $500,000 disease - policy
limit.
(iv) Excess Liability Insurance with a minimum limit of $10,000,000. The limit of liability under this
insurance may be increased accordingly to satisfy the minimum limit requirements under the
Commercial General Liability, Business Automobile Liabilty and Employer's Liability Insurances.
(v) Propert Insurance in an amount suffcient to cover the cost of replacing Eltopia's Equipment
on Frontier's propert or located at or used at Frontiets facilty. Such insurance policy wil provide
that the insurance company wil waive all rights of recovery by way of subrogation against
Frontier in connection with any damage covered by the policy.
(vi) Upon the commencement of this Agreement and upon renewal of any policy referenced,
satisfactory evidence of compliance with such insurance requirements will be issued to the
Frontier. The insurance companies referenced on such evidence wil give the Licensor at least
thirt (30) days advance written notice of any material change to, and/or cancellation of any of the
policies referenced in such evidence.
(vii) All insurance must be in effect on or before the occupancy date and shall remain in force as
long as Eltopia's facilties remain within any spaces governed by this Agreement. If Eltopia fails to
maintain the coverage, Frontier may pay the premiums thereon and Eltopia shall reimburse
Frontier for such payments.
(viii) Eltopia shall present a certificate of insurance reflecting the coverage specified in 6.1.1 (a),
(b), (c), (d) and (e) above prior to the commencement of the work called for in the Agreement.
Eltopia shall arrange for Frontier to receive thirt (30) days advance notice of cancellation from its
insurance companies.
(ix) Failure to comply with the provisions of this Section wil be deemed a material breach of thisAgreement.
SECTION 14. AMENDMENT OF AGREEMENT
No provision of this Agreement shall be deemed waived, amended or modified by either Part unless
such a waiver, amendment or modification is in writing, dated, and signed by both Parties.
SECTION 15. WAIVERS
15.1 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 properly executed by or on behalf of
the Part against whom such waiver or consent is claimed.
15.2 No course of dealing or failure of any Part 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.
15.3 Waiver by either Part of any default by the other Part shall not be deemed a waiver of any other
default.
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SECTION 16. INDEPENDENT CONTRACTORS
Each Part agrees that it wil perform its obligations hereunder as an independent contractor and not as the
agent, employee, or servant of the other Part. Neither Part nor any personnel furnished by such Part wil
be deemed an employee or agent of the other Part nor be entitled to any benefits available under any plans
for such other Part's employees. Each Part wil at all times during the term of this Agreement retain full
control of the employment, direcon, compensation and discharge of all employees as is consistent with and
necessary to preserve its independent contractor status. Each Part wil be solely responsible for all matters
relating to payment of its employees including compliance with social security taxes, withholding taxes,
workets compensation, disabilty and unemployment insurance, and all other regulations governing such
matters.
SECTION 17. LIMITATION OF LIABILITY
17.1 Each Part's liability to the other Part for any loss relating to or arising out of any act or
omission in its performance under this Agreement, whether in contract, warranty, strict liability, or tort,
including (without limitation) negligence of any kind, shall be limited to the total amount that is or would
have been charged to the other Part by such breaching Part for the service(s) or function(s) not
performed or improperly performed.
17.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 17.1, NEITHER PARTY WILL BE LIABLE
TO THE OTHER IN CONNECTION WITH THE PROVISION OR USE OF SERVICES PROVIDED
UNDER THIS AGREEMENT. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY LOSS,
COST, CLAIM, INJURY, LIABILITY OR EXPENSE, INCLUDING REASONABLE ATTORNEY'S FEES,
RELATING TO OR ARISING OUT OF ANY ORDINARY NEGLIGENT ACT OR OMISSION BY A PARTY. IN
NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF
PROFITS, INCOME OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, WHETHER
SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY AND WHETHER SUCH DAMAGES WERE
FORESEEABLE OR NOT AT THE TIME THIS AGREEMENT WAS EXECUTED.
17.3 No liability shall attach to either Part, its parents, subsidiaries, affliates, agents, servants or
employees for damages arising from errors, mistakes, omissions, interruptions, or delays in the course of
establishing, furnishing, rearranging, moving, termination, changing, or providing or failng to provide
services or facilties (including the obtaining or furnishing of information with respect thereof or with
respect to users of the services or facilities) in the absence of gross negligence or wilful misconduct.
SECTION 18. INDEMNITY
18.1 Each Part wil defend, indemnify, and hold harmless the other Part from any liabilities, claims or
demands (including the costs, expenses and reasonable attorney's fees on account thereof) that may be
made by third parties for (a) personal injuries, including death, or (b) damage to tangible propert
resulting from the sole negligence and/or sole wilful misconduct of that Part, its employees or agents in
the performance of this Agreement. Each Part wil defend the other at the other's request against any
such liabilty, claim, or demand. Each Part wil notify the other promptly of written claims or demands
against such Part of which the other Part is solely responsible hereunder.
18.2 Each Part will defend, indemnify, and hold harmless the other Part and/or acquire any license
or right for the benefit of the other Part, arising from any claim, demand or proceeding (hereinafter
"Claim") by any third part alleging or asserting that the use of any circuit, apparatus, or system, or other
facilties, or the use of any softare, or the performance of any service or method, or the provision or use
of any facilties by either Frontiers or Eltopia under this Agreement constitutes direct or contributory
infringement, or misuse or misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual propert right of any third party. Each Part's indemnification obligation wil be
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to the extent of infringement by the indemnifying Part
18.3 The indemnified Part wil notify the indemnifying Part promptly in writing of any claims,
lawsuits, or demands by third Parties for which the indemnified Part alleges that the indemnifying Part
is responsible under this Section and if requested by the indemnifying Part, shall tender the defense of
such claim, lawsuit or demand.
(1) In the event the indemnifying Part does not promptly assume or dilgently pursue the
defense of the tendered action, then the indemnified Part may proceed to defend or
settle said action and the indemnifying Part shall hold harmless the indemnified Part
from any loss, cost, liabilty, damage and expense.
(2) In the event the Part otherwise entitled to indemnification from the other elects to
decline such indemnification, then the Part making such an election may, at its own
expense, assume defense and settlement of the claim, lawsuit or demand.
(3) The Parties wil cooperate in every reasonable manner with the defense or settlement
of any claim, demand, or lawsuit.
18.4 Notwithstanding any other provisions of this Agreement, in the case of claims or loss alleged or
incurred by an End User Customer of Eltopia arising out of or in connection with services provided to the
End User Customer by Eltopia, Eltopia shall defend and indemnify Frontier and its offcers, directors,
employees and agents against any and all such claims or loss by Eltopia's End User Customers.
SECTION 19. DISCLAIMER OF WARRANTIES
19.1 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT (INCLUDING
WITHOUT LIMITATION THE PARTIES' RESPECTIVE INDEMNIFICATION OBLIGATIONS), THE
PARTIES AGREE THAT FRONTIER HAS NOT MADE, AND THAT THERE EXISTS, NO WARRANTY,
EXPRESS OR IMPLIED, THAT THE USE BY ELTOPIA OF FACILITIES, ARRANGEMENTS, OR
SERVICES PROVIDED BY FRONTIER UNDER THIS AGREEMENT WILL NOT GIVE RISE TO A
CLAIM BY ANY THIRD PARTY OF INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF ANY
INTELLECTUAL PROPERTY RIGHT OF SUCH THIRD PARTY.
19.2 It is the express intent of the Parties that each Part be solely responsible for all claims of its End
Users, including, without limitation, any credits or adjustments that may be issued or required to be
issued to its End Users.
SECTION 20. ASSIGNMENT
Any assignment or delegation by either Part to any non-affliated entity or to any affliated entity that is
not certificated as a local exchange Eltopia of any right, obligation or duty, or of any other interest
hereunder, in whole or in part, without the prior written consent of the other Part shall be void. A Part
assigning or delegating this Agreement or any right, obligation, duty or other interest hereunder to an
affliate that is certificated as a local exchange Eltopia shall provide written notice to the other Part. All
obligations and duties of any Part under this Agreement shall be binding on all successors in interest
and assigns of such Part. No assignment or delegation hereof shall relieve the assignor of its
obligations under this Agreement.
SECTION 21. CONTROLLING LAW
This Agreement shall be governed by and construed in accordance with the Act, the FCC's Rules and
Regulations, and the Commission Rules and Regulations, except insofar as state law may control any
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aspect of this Agreement, in which case the domestic laws of the state, without regard to its conflicts of
laws principles, shall govern.
SECTION 22. SEVERABILITY
Subject to Section 10, Regulatory Approval, if any part of this Agreement is held to be invalid for any
reason, such invalidity will affect only the portion of this Agreement, which is invalid. In 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.
SECTION 23. NO JOINT VENTURE OR THIRD PARTY BENEFICIARIES
23.1 Nothing herein contained shall be constred as creating a partership or joint venture by or between
the Partes.
23.2 The provisions of this Agreement are for the benefit of the Parties and not for any other Person.
This Agreement will not provide any Person not a Part to this Agreement with any remedy, claim,
liabilty, reimbursement, claim of action, or other right in excess of those existing by reference in this
Agreement.
SECTION 24. CHARGES AND PAYMENTS
24.1 In consideration of the services provided by Frontier under this Agreement, Eltopia shall pay the
charges set forth in this Agreement and in applicable tariffs. In consideration of the services provided by
Eltopia under this Agreement, Frontier shall pay the charges set forth in this Agreement. Invoices with
charges set forth in this Agreement and in applicable tariffs shall be sent to:
TO ELTOPIA
Eltopia Communications
Attn: Access Billng
2304 Ringold Road
Eltopia, WA 99330
TO FRONTIER:
Frontier Communications
Attention: Access Biling
P.O. Box 92713
Rochester, NY 14692
24.2 A monthly billng statement with a consistent, regular bil date shall be prepared by each Part
and wil reflect the calculation for amounts due under this Agreement. All bils dated as set forth above
will be due thirt (30) days after the bil date or by the next bil date (Le., the same date in the following
month as the bil date), whichever is the shortest interval, except as provided herein, and are payable in
immediately available funds. If such payment date would cause payment to be due on a Saturday,
Sunday or Legal Holiday, payment for such bils wil be due on the last business day preceding the
Saturday, Sunday or Legal Holiday. When a bil has been delayed, the due date wil be extended by the
number of days the bil was delayed, upon request of the receiving Part.
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24.3 Billng: The Parties agree that disputed and undisputed amounts due under this Agreement shall
be handled as follows:
24.3.1 If any portion of an amount due to a Part (the "Billng Party") under this
Agreement is subject to a bona fide dispute between the Parties, the Part biled (the Biled Part)
shall within thirt (30) days of its receipt of the invoice containing such a disputed amount give
written notice to the Billng Party of the amount it disputes ("Disputed Amounts") and include in
such notice the specific details and reasons for disputing each item. The Biled Part shall pay
when due all undisputed amounts to the Billng Part, and shall include a copy of the dispute with
the payment of the undisputed amount.
24.3.2 In the event that a biling dispute is resolved in favor of the Biled Part, any payment of
the disputed amount withheld pending settlement of the dispute shall not be subject to the late
payment penalty.
24.3.3 In the event that a billng dispute is resolved in favor of the Biling Part, any payments
withheld pending settlement of the dispute wil be subject to the late payment penalty as set forth
herein.
24.3.4 Undisputed amounts shall be paid when due as set forth in Section 24.2 above. If any
payment or portion thereof is either received by the Biling Part in funds that are not immediately
available to the Biling Part or not received by the bil due date, a late payment penalty shall be
due to the Billng Part. The late payment penalty shall be 1.5% per month or 18% annually, or
the maximum allowed by law, whichever is less.
24.4 Both Parties shall use the Dispute Resolutions procedures as described herein.
SECTION 25. DEFAULT
25.1 In the event of breach of any material provision of this Agreement by either Part, the non
breaching Part shall give the other Part written notice thereof, and:
25.1.1 If such material breach is for non-payment of amounts due hereunder, the breaching
Part shall cure such breach within ten (10) days of receiving such notice. The non-breaching
Part shall be entitled to pursue all available legal and equitable remedies for such breach.
Amounts disputed in good faith and withheld or set off shall not be deemed "amounts due
hereunder" for the purpose of this provision. Neither Part shall withhold or set off undisputed
amounts.
In addition, if such material breach is for non-payment of amounts due hereunder and
such amounts have not been disputed, the non-breaching Part may:
(1) refuse additional applications for any service provided under this
Agreement;
(2) refuse to complete any pending orders for additional services any
time thereafter, and/or;
(3) on thirt (30) days' written notice by overnight delivery or certified
U.S. mail, with a copy to the Commission, to the person designated to
receive such notice, discontinue the provision of existing services at any
time thereafter.
25.1.2 If the non-breaching Part does not refuse additional applications for additional services,
and the non-payment continues, nothing contained herein shall preclude the non-breaching Part
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from refusing additional applications for services without further notice. If the non-breaching
Part discontinues provision of the additional services, all applicable charges, including
termination charges, shall become due. If the non-breaching Part does not discontinue the
provision of services on the date specified in the thirt (30) days notice, and the nonpayment
continues, nothing contained herein shall preclude the non-breaching Part from discontinuing
the provision of services without further notice.
25.1.3 Frontier reserves the right to refuse an application for additional services made by any
entity that owns or is substantially owned, directly or indirectly, by or is under common control
with, Eltopia, so long as Eltopia or any such entity is indebted to Frontier for services previously
furnished, until the indebtedness is satisfied. In the event that services are provided to Eltopia or
an entity that owns or is substantially owned, directly or indirectly, by or is under common control
with, Eltopia, such services may be terminated by Frontier unless Eltopia satisfies the
indebtedness owing to Frontier within thirt (30) days after written notification. Such notification
shall be made by certified U. S. mail to the person designated by Eltopia to receive such notices.
25.1.4 If such material breach is for any failure to perform in accordance with this Agreement,
other than for non-payment of amounts due hereunder, or if either Part is otherwise in violation
of the law, the non-breaching Part shall give notice of the breach and the breaching Part shall
cure such breach within sixt (60) days of such notice, and if breaching Part does not, the non-
breaching Part may, at its sole option, terminate this Agreement. The non-breaching Part shall
be entitled to pursue all available legal and equitable remedies for such breach.
SECTION 26. CONFIDENTIALITY AND PUBLICITY
26.1 All proprietary or confidential information ("Proprietary Information") disclosed by either Party
during the negotiations and the term of this Agreement wil be protected by both Parties in accordance
with the terms provided herein.
26.2 As used in this Agreement, the term "Proprietary Information" wil mean written, recorded,
machine readable or other information provided in tangible form to one Part by the other Part regarding
the above referenced subject matter and which is marked proprietary or confidential with the appropriate
owner corporation name, e.g., "Frontier Proprietary". Information disclosed orally wil not be considered
proprietary unless such information is reduced to writing by the disclosing Part and a copy is delivered to
the other Part within thirt (30) business days after such oral disclosure. The writing wil also state the
place, date and person(s) to whom disclosure was made.
26.3 Each Part agrees that it will not disclose any Proprietary Information of the other Part in whole
or in part, including derivations, to any third part for a period of three (3) years from the date of
disclosure unless the Parties agree to modify this Agreement to provide for a different nondisclosure
period for specific materials. Neither Part wil be liable for inadvertent or accidental disclosure of
Proprietary Information of the other Part provided that:
26.3.1 each Part uses at least the same degree of care in safeguarding such Proprietary
Information as it uses for its own proprietary information of like importance, and such degree of
care wil be reasonably calculated to prevent such inadvertent disclosure;
26.3.2 it limits access to such Proprietary Information to its employees and agents who are
directly involved in the consideration of the Proprietary Information and informs its employees and
agents who have access to such Proprietary Information of its duty not to disclose; and
26.3.3 upon discovery of any such inadvertent disclosure of Proprietary Information, it wil
endeavor to prevent any further inadvertent disclosure.
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26.4 Information wil not be deemed proprietary and the receiving Part wil have no obligation with
respect to any such information which:
26.4.1 is or becomes publicly known through no wrongful act, fault or negligence of the
receiving Part; or
26.4.2 was known by the receiving Part or by any other affliate or subsidiary of the receiving
Part prior to disclosure, or is at any time developed by the receiving Part independently of any
such disclosure; or
26.4.3 was disclosed to the receiving Part by a third part who was free of obligations of
confidentiality to the disclosing Part; or
26.4.4 is disclosed or used by the receiving Part, not less than three (3) years following its
initial disclosure or such other nondisclosure period as may be agreed in writing by the Parties; or
26.4.5 is approved for release by written authorization of the disclosing Part; or
26.4.6 is disclosed pursuant to a requirement or request of a governmental agency or disclosure
is required by operation of law; or
26.4.7 is furnished to a third part by the disclosing Part without a similar restriction on the third
part's rights.
26.5 Since either Part may choose not to use or announce any services, products or marketing
techniques relating to these discussions or information gained or exchanged during the discussions, both
Parties acknowledge that one is not responsible or liable for any business decisions made by the other in
reliance upon any disclosures made during any meeting between the Parties or in reliance on any results
of the discussions. The furnishing of Proprietary Information to one Part by the other Part wil not
obligate either Part to enter into any further agreement or negotiation with the other.
26.6 Nothing contained in this Agreement wil be construed as granting to one Part a license, either
express or implied, under any patent, copyright, or trademark, now or hereafter owned, obtained,
controlled, or which is or may be licensable by the other Part.
26.7 All publicity regarding this Agreement and its Attachments is subject to the Parties' prior written
consent.
26.8 Unless otherwise agreed upon, neither Party wil publish or use the other Part's name,
language, pictures, or symbols from which the other Part's name may be reasonably inferred or implied
in any advertising, promotion, or any other publicity matter relating directly or indirectly to this Agreement.
SECTION 27. NO RIGHTS TO THIRD PARTIES
This Agreement wil not provide any third part, including, but not limited to any End User of Eltopia, with any
remedy, claim, liabilty, reimbursement, cause of action, or other right in excess of those existing without
reference to this Agreement.
SECTION 28. HEADINGS
The headings in this Agreement are for convenience and wil not be constred to define or limit any of the
terms herein or affect the meanings or interpretation of this Agreement.
SECTION 29. EXECUTION IN DUPLICATE
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This Agreement may be executed in counterparts. Each counterpart shall be considered an original and
such counterpart shall together constitute one and the same instrument.
SECTION 30. NOTICES
Except as otherwise provided herein, all notices or other communication hereunder shall be deemed to
have been duly given when made in writing and delivered in person or deposited in the United States
mail, certified mail, postage prepaid, return receipt requested, or delivered by prepaid overnight express
mail, and addressed as follows:
TO ELTOPIA:
Eltopia Communications, LLC
Attn: Will Machugh, President
2304 Ringold Road
Eltopia, WA 99330
Telephone No. [phone]
TO FRONTIER:
Frontier Communications
Attn: Director, Carrier Service
180 South Clinton Avenue
Rochester, NY 14646
Telephone No. [phone]
AND
Frontier Communications
Attn: Associate General Counsel
180 S. Clinton Ave, 7th Floor
Rochester, NY 14646
If 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 Part may be changed by written notice given by
such Part to the other pursuant to this Section.
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The Partes have caused this Local Intercnnection Agrement to be executed on their behalf on the
dates set forth below.
Eltopia Communications, LlC
..By:-..."h ;1 rqk1,1z
Typed: Will Machugh
Title: President
By:
Typed: Stephen Levan
Tille: VP Carrer Sales & Serviçe
Date:~'J1-1'Date:7 -S-t(
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ATTACHMENT 1
INTERCONNECTION
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ATTACHMENT 1 -INTERCONNECTION
ATTACHMENT 1 -INTERCONNECTION
The Parties hereto, agree to interconnect their facilties and networks for the transport of Local Traffc as
follows:
SECTION 1. Interconnection Trunking Arrangements
1.1 The Parties will interconnect their networks as specified in the terms and conditions contained
herein. POls set forth in this Attachment, may be modified from time to time by either Part with the
written consent of the other Part, which consent wil not be unreasonably withheld. Eltopia wil agree to
establish each POI at a technically feasible point on Frontiets network. In order to establish direct
Interconnection, a POI is required at one or more of the following locations:
a) POI at the Frontier local tandem offce where available which will provide switched
Interconnection to Frontier End Users served by subtending host and remote offces.
b) POI at the Frontier Host Offce, which wil provide switched Interconnection to
Frontier's End Users' served by that host offce and subtending remote offces.
1.2 In order for Eltopia to establish a POI, a request wil need to be submitted using the POI Request
Form located at ww.frontier.com
1.3 Each Part wil be responsible for the engineering and construction of its own network facilities on
its side of the POI, however, should Frontier be required to modify its network to accommodate the
Interconnection request made by Eltopia, Eltopia agrees to pay Frontier reasonable charges for such
modifications. If Eltopia uses a third part network to reach the POI, Eltopia wil bear all third part Eltopia
charges for facilities and traffc in both directions on its side of the POI.
1.4 Eltopia wil be responsible for establishing separate trunk groups for:
1.4.1 Local Traffc including ISP Bound Traffc and locally-dialed Enhanced Services traffc.
1.4.2 Access Services to enable Interexchange Eltopias to originate and terminate traffc
from/to Eltopia or for Eltopia and Frontier to exchange traffc other than Local Traffc.
1.4.3 Transit Service traffc when connected to a Frontier tandem.
1.4.4 Eltopia's services as an interexchange service provider are subject to Frontiets access
tariffs.
1.4.5 Connecting Eltopia's switch to the applicable E911 routers. If Eltopia purchases such
services from Frontier, they wil be provided at full applicable tariff rates. For all 911/E911 traffc
originating from Eltopia, it is the responsibilty of Eltopia and the appropriate state or local public
safety answering agency to negotiate the manner in which 911/E911 traffc from Eltopia wil be
processed.
1.5 The Parties mutually agree that all Interconnection facilties wil be sized according to mutual
forecasts and sound engineering practice, as mutually agreed to by the Parties. The Parties further
agree that all equipment and technical Interconnections wil be in conformance with all generally accepted
industry standards with regard to facilties, equipment, and services.
1.6 Interconnection will be provided via two-way trunks. The only compensation or other
responsibilty for payment for terminating traffc from the POI onward shall be Reciprocal Compensation,
if applicable and/or Transit Service charges where a Frontier tandem is used to reach a third party's
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network and/or Switched Access charges where Eltopia is acting as an Interexchange Eltopia. The
mutually agreed upon technical and operational interfaces, procedures, grade of service and
performance standards for Interconnection between the Parties wil conform with all generally accepted
industry standards with regard to facilities, equipment, and services. All Interconnection facilities and
trunking wil be ordered using industry standard ASR as referenced in Frontier's Local Service Provider
Guide.
1.7 Eltopia wil not expect Frontier's local end offce switches to act as a tandem on the Eltopia's
behalf nor wil Frontier expect the Eltopia's local end offce switches to act as a tandem on Frontier's
behalf.
1.8 This Agreement is applicable only to Frontier's serving areas. Frontier wil not be responsible for
Interconnections or contracts relating to any Eltopia's Interconnection with any other service provider or
telecommunications Eltopia.
1.9 If Eltopia provides service using an NPA-NXX assigned to a rate center where Frontier provides
extended area service or an applicable regulatory authority approved optional calling plan, and Eltopia
chooses to indirectly interconnect by using the tandem switching facilities of a third part, Frontier wil
have no obligation to route and rate traffc to Eltopia's NPA-NXX as an EAS call or pursuant to an
optional calling plan unless Eltopia has established a trunking and transiting arrangement for this traffc
with Frontier and the other telecommunications Eltopia(s) utilzing the trunk and providing transiting
service for the traffc.
1.10 If a Eltopia End User customer ports a number from Eltopia to another Eltopia and Frontier routes
a call to that ported number to Eltopia, Eltopia wil route the call to the new Eltopia and may assess
Frontier a charge not to exceed Frontiets charge for an non-queried calL.
1.11 Signaling Systems and Administration
1.11.1 The Parties will, where Frontier has the capability, interconnect their networks using SS7
signaling associated with all Interconnection trunk groups as defined in Telcordia GR-246 "Bell
Communications Research Specification of Signaling Systems 7 (SS7) and GR-905, "Common
Channel Signaling Network Interface Specification (CCSNIS) Supporting Interconnection,
Message Transfer Part (MTP), and Integrated Services Digital Network (ISDN) User Part (ISUP)
"including ISDN User Part ("SUP") for trunk signaling and Transaction Capabilties Application
Part ("TCAP") for CCS-based features in the Interconnection of their networks. For glare
resolution, Frontier wil have priority on odd trunk group member circuit identification codes, and
Eltopia wil have priority on even trunk group member circuit identification codes, unless
otherwise mutually agreed.
SECTION 2. Testing and Trouble Responsibilties
The Parties agree to:
2.1 Cooperatively plan and implement coordinated repair procedures for the local Interconnection
trunks and facilties to ensure trouble reports are resolved in a timely and appropriate manner.
2.2 Provide trained personnel with adequate and compatible test equipment to work with each other's
technicians.
2.3 Promptly notify each other when there is any change affecting the service requested, including
the date service is to be started.
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2.4 Coordinate and schedule testing activities of their own personnel, and others as applicable, to
ensure its Interconnection trunks/trunk groups are installed per the Interconnection order, meet agreed
upon acceptance test requirements, and are placed in service by the due date.
2.5 Perform sectionalization to determine if a trouble condition is located in its facility or its porton of
the Interconnection trunks prior to referring any trouble to each other.
2.6 Provide each other with a trouble reporting number to a work center that is staffed 24 hours a
dayl7 days a week.
2.7 Based on the trunking architecture, provide for mutual tests for system assurance for the proper
recording of AMA records in each company's switch. These tests are repeatable on demand by either
Part upon reasonable notice.
2.8 A maintenance service charge applies whenever either Part requests the dispatch of the other
Part's personnel for the purpose of performing maintenance activity on the Interconnection trunks, and
any of the following conditions exist:
2.8.1 No trouble is found in the Interconnection trunks; or
2.8.2 The trouble condition results from equipment, facilties or systems not provided by the
Part whose personnel were dispatched; or
2.8.3 Trouble clearance did not otherwise require a dispatch, and upon dispatch requested for
repair verification, the Interconnection trunk does not exceed maintenance limits.
2.8.4 If a maintenance service charge has been applied and trouble is subsequently found in
the facilties of the Part whose personnel were dispatched, the charge wil be canceled.
2.8.5 Biling for maintenance service is based on Frontiets respective tariff.
SECTION 3. Interconnection Forecasting.
3.1 Semi-annually Eltopia wil provide Frontier a one (1) year forecast for expected trunk utilzation.
Orders for trunks that exceed forecasted quantities for forecasted locations wil be accommodated as
facilities and/or equipment are available.
3.2 The forecasts will include the number, type and capacity of trunks as well as a description of
major network projects anticipated for the following six months. Major network projects include trunking
or network rearrangements, shifts in anticipated traffc patterns, or other activities that are reflected by a
significant increase or decrease in trunking demand for the following forecast period.
3.3 If a trunk group is under 75 percent of centum call seconds capacity on a monthly average basis
for each month of any six month period, either Part may issue an order to resize the trunk group, which
wil be left with not less than 25 percent excess capacity. The grade of service for all final facilties
between Frontier's central offce and Eltopia's will be engineered to achieve P.01 grade of service.
SECTION 4. Reciprocal Compensation for the Transport and Termination of Interchanged
Traffic.
4.1 The Parties agree to exchange ISP Bound Traffc on a bil and keep basis between the Parties
such that neither Part owes the other Part any compensation for the origination, transport or
termination of such traffc. The preceding sentence applies only to the exchange of traffc between these
Parties and a separate determination of what ISP Bound Traffc was exchanged between Frontier and
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any other part adopting this Agreement under 47 U.S.C. § 252(i) shall be required in order to determine
the appropriate compensation of ISP-Bound Traffc between Frontier and any such other part.
4.1.1 Neither Part expects to terminate material amounts of Local Traffc to the other Part,
and to the extent the Parties terminate Local Traffc they expect the volume of Local Traffc each
Part terminates to be comparable, thereby justifying the use of combined trunks for Local Traffc
and ISP Bound Traffc under Attachment 1, Section 1.4. As such it will not be possible to identify
Local Traffc and the Parties will reciprocally compensate each other using bil and keep.
4.2 The Parties will exchange Enhanced Services traffc other than ISP-Bound Traffc on a bil and
keep basis.
4.2.1 The fact that ISP Bound Traffc and de minimus amounts of Local Traffc are
compensated for on a bil and keep basis shall not change the compensation set forth in this
Agreement for any other traffc or services, including but not limited to facilties for Interconnection
under Section 1 of this Attachment 1, Access Services traffc, wireless traffc, and Transit Service
traffc.
4.3 All other Traffc, regardless of the protocols used in connection with such traffc, other than ISP
Bound Traffc, Local Traffc, Enhanced Services traffc, 911 traffc and Transit Service traffc, shall be
terminated to a Party subject to that Part's tariffed access charges.
SECTION 5. Transit Service
5.1 Eltopia shall compensate Frontier for Transit Service as follows:
Eltopia shall pay Frontier a Transit Service charge as set forth in Attachment 7, Pricing for Transit Service
originated by Eltopia to any third part Eltopia, or terminated to Eltopia from a third-part Incumbent Local
Exchange Eltopia.
5.1.1 Each Part acknowledges that Frontier does not have any responsibilty to pay any
charges for termination of any transit traffc originating from a non-Part's network.
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ATTACHMENT 2
ANCILLARY SERVICES
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ATTACHMENT 2 ANCILLARY SERVICES
SECTION 1. DIRECTORY LISTINGS AND DISTRIBUTION SERVICES
1. Eltopia agrees to provide to Frontier or its publisher, as specified by Frontier, all subscriber list
information (including additions, changes and deletions) for Eltopia's End Users and those of any
resellers of Eltopia services, located within Frontiets operating areas. It is the responsibility of the Eltopia
to submit directory listings in the prescribed manner to Frontier prior to the directory listing publication cut-
off date, which is posted at ww.Frontier.com under Eltopia Services then Directory Services.
1.2 Frontier wil include Eltopia's End User primary listings in the appropriate sections of its telephone
directories (residence and business listings). Listings of Eltopia's End Users wil be inter-filed with listings
of Frontier's End Users and the End Users of other LECs, in the local section of Frontier's directories.
1.3 Eltopia wil identify any of these subscribers that are "non-published" End Users. Eltopia wil
provide Frontier with the directory information for all its End Users in the format specified in the Frontier
Local Service Provider Guide. Subscriber list information wil include the End Usets name, address,
telephone number, appropriate classified heading and all other pertinent data elements as requested by
Frontier including ACNAICIC or CLCC/OCN, as appropriate with each order, to enable Frontier the abilty
to identify listing ownership. Eltopia wil provide all subscriber listings at no charge to Frontier or its
publisher.
1.4 Eltopia's End Users standard primary listing information in the telephone directories wil be
provided at no charge.
1.5 Eltopia is responsible for all listing questions and contacts with its End Users including but not
limited to queries, complaints, account maintenance, privacy requirements and services. Eltopia wil
provide Frontier with appropriate internal contact information to fulfill these requirements.
1.6 Frontier wil accord Eltopia directory listing information the same level of confidentiality, which
Frontier accords its own directory listing information. Eltopia grants Frontier full authority to provide
Eltopia subscriber listings, excluding non-published telephone numbers, to other directory publishers and
wil indemnify Frontier and its publisher from and against any liabilty resulting from the provisioning of
such listings. In exchange for Frontier providing this subscriber list service, Frontier wil charge, bil,
collect and retain any monies derived from the sale of Eltopia listings to other directory publishers.
1.7 Frontier wil distribute its telephone directories to Eltopia's End Users in a manner similar to the
way it provides those functions for its own End Users in Frontiets service territory. For Eltopia End Users
whose listings are not maintained in a Frontier database, Eltopia shall provide the information needed for
the distribution of listings in book form to such End Users.
1.7.1 Eltopia is responsible for sending to Frontier at the posted date an approximate directory
count for its End Users for the purpose of ensuring an adequate quantity is printed.
1.7.2 Eltopia is responsible for providing information that includes distribution address and
book quantities to Frontier. Frontier wil place the same restrictions on the Eltopia's End Users as
it does for itself when assigning book quantities.
1.8 Eltopia wil adhere to all practices, standards, and ethical requirements of Frontier with regard to
listings, and, by providing Frontier with listing information, warrants to Frontier that Eltopia has the right to
place such listings on behalf of its End Users. Eltopia agrees that it will undertake commercially
practicable and reasonable steps to attempt to ensure that any business or person, to be listed, is
authorized and has the right to provide the product or service offered, and to use any personal or
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corporate name, trade name, or language used in the listing. Eltopia shall be solely responsible for
knowing and adhering to state laws or rulings regarding listing information and for supplying Frontier with
applicable listing information. In addition, Eltopia agrees to release, defend, hold harmless and indemnify
Frontier from and against any and all claims, losses, damages, suits, or other actions, or any liability
whatsoever, suffered, made, instituted, or asserted by any person arising out of Frontiets listing of the
information provided by Eltopia hereunder.
1.9 Frontier's liability to Eltopia in the event of a Frontier error in or omission of a listing will not
exceed the amount of charges actually paid by Eltopia for such listing. In addition, Eltopia agrees to take,
with respect to its own End Users, all reasonable steps to ensure that its' and Frontier's liabilty to
Eltopia's End Users in the event of a Frontier error in or omission of a listing wil be subject to the same
limitations that Frontier's liability to its own End Users are subject to.
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ATTACHMENT 3
COLLOCATION
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ATTACHMENT 3 COLLOCATION
SECTION 1. DEFINITIONS
1.1 Space - For the purposes of this agreement Space shall refer to either partitioned (caged) or
unpartitioned space (cage less), unless specified otherwise and mutually agreed upon. An enclosed
secure area, designated by Frontier within a Frontier Central Offce, of a size and dimension specified by
the Eltopia and agreed to by Frontier. Partitioned Space is subject to a minimum size requirement of one-
hundred (100) square feet of assignable space or such lesser amount agreed to by both parties.
Frontier shall design and construct at Eltopia's expense, subject to Eltopia's pre-approval of the price, a
cage or room to establish a clear division between Frontier's and Eltopia's area, and for purposes of
securing the space for the Eltopia's equipment. Un-partitioned space wil have a minimum size of one
equipment bay, which shall be deemed the equivalent of 15 sq. feet.
1.2 Cable Space - Any passage or opening in, on, under, over or through the Central Offce cable
structure (e.g., electrical metallc tubing, cable vault or alternate splicing chamber, etc.) required to bring
cable to the Space.
1.3 Conduit Space - Any reinforced passage or opening in, on, under, over or through the ground
between the feeder route conduit system ("Manhole "0") and cable vault location capable of containing
communications facilities, and includes: cable entrance facilties; main conduit; ducts; inner ducts; gas
traps; underground dips such as short sections of conduit under roadway, driveways, parking lots and
similar conduit installations that are required to bring the Eltopia provided fiber optic feeder cable into the
Frontier Central Offce.
1.4 Eltopia's Facilties - The telecommunications cables and equipment owned or leased by the
Eltopia, whether installed by Frontier or the Eltopia that are for the sole use of Eltopia in connection with
equipment installed within its Space.
1.5 Design and Construction Work - All work by Frontier, including but not limited to, space design
and preparation, the rearrangement of existing facilties, design and construction of Partitioned Space
enclosure, design and placement of required support structure or any other activity required to
accommodate the installation of Eltopia's facilties in the Frontier space(s) covered under this Agreement.
Similar work required by Eltopia after initial installation solely because of the existence of the Eltopia's
Facilities shall be referred to as "Additional Design and Construction," and shall be at Eltopia's expense,
subject to Eltopia's pre-approval of the price of the work to be performed.
1.6 Cross Connect Fee - A monthly fee charged to Eltopia to compensate Frontier for the cable
connection from Frontiets facilities to the point of termination for Eltopia's collocation facilities.
1.7 Manhole - An underground enclosure where conduit(s) are terminated and which provides ready
access to conduit system.
1.8 Other Eltopias - Any person, corporation, or other legal entity other than Eltopia herein, to whom
Frontier has extended or hereafter shall extend an authorization to occupy its Central Offce(s) or conduit
system(s).
1.9 Post-Installation Inspection - The work activities performed to visually observe Eltopia's
equipment and cable facilties and equipment installation during and shortly after the completion of the
installation of such equipment and facilties to determine that all occupancies conform to the standards
required by this Agreement as set forth in Frontier's Safety Manual.
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SECTION 2. USE OF SPACE
2.1 The sole use of Space by Eltopia is to place equipment owned or leased, installed, operated and
maintained by Eltopia, which interconnects with Frontier facilties for the exchange of Locl Traffc or for
access to UNEs. Eltopia may not locate its switching equipment in the Space. Eltopia may not
interconnect equipment or facilities in its Space with equipment or facilties within another Eltopia's Space
without the specific written consent of Frontier which permission shall not be unreasonably withheld. Any
violation of this paragraph shall be deemed a material breach of this Agreement.
2.2 A Eltopia may provide or make available to any third-part space within the Eltopia's Partitioned
Space only upon prior written notice to Frontier and only if Eltopia remains ultimately responsible for any
such third-part action and the third-part Eltopia enters into applicable agreements, including a
collocation agreement with Frontier which wil be substantially similar to this Agreement but without
charge for physical real estate space within Eltopia's Partitioned Space. Any violation of this paragraph
shall be deemed a material breach of this Agreement.
2.3 Eltopia may place in Space the equipment which meets the standards specified in Frontier's
Safety Manual, or compliant with NEBS standards (which ever holds the higher standard). In addition,
Eltopia, as specified in Frontier's Safety Manual, is also permitted to place in Partitioned Space ancillary
equipment such as cross-connect frames, as well as storage cabinets and work surfaces (e.g., tables).
To help ensure the availability of suffcient space for all Eltopias, Eltopia may order for offce
communications within the Space from Frontier, business message rate service under Frontier's
applicable tariffs. Eltopia wil provide, install and maintain in Space any repeaters, which may be
necessary as a result of the physical distance between Space and the Central Offce terminations of
Frontier facilties and services. Eltopia's equipment and installation of Eltopia's equipment must comply
with all applicable Federal, State, and Local environmental, health and safety requirements (hereafter
"EHS requirements"), as well as Frontier's Policies and Practices relating to fire, safety, health,
environmental, and network safeguards as set forth in Frontiets Safety ManuaL. Eltopia agrees its
equipment and installation activities will not materially impact Frontier's services or facilties. Eltopia shall
bear all cost of modifying and maintaining its equipment and the Space as required to comply with the
EHS requirements, and policies and practices set forth in Frontier's Safety Manual.
SECTION 3. OCCUPANCY
3.1 Occupancy for all spaces wil be granted upon completion of the Design and Construction Work
including "cut down" of Frontier Cabling at the Point of Termination based on the requested DS-3, DS-1,
and voice grade Interconnections identified by Eltopia in the applicable Application for Collocation (Exhibit
B). Frontier will provide occupancy of the space(s) at each affected Central Offce on time as specified in
the specific Collocation Schedule for that particular Central Offce. However, if Frontier fails, for any
reason beyond its reasonable control, to provide occupancy of the space(s) at the specifed time(s),
Frontier shall not be liable to Eltopia for such delay. In the event that Frontier is delayed in providing
occupancy to Eltopia for any reason other than the acts or omissions of Eltopia, Eltopia shall not be
obliged to pay the license, power or house service fees for such space(s) under this Agreement until the
date Frontier provides occupancy to Eltopia. Except for Force Majeure events or the acts or omissions of
Eltopia, in the event of delay in Frontier's provision of the Space continues for sixt (60) days after the
time set forth in the Collocation Schedule, Eltopia shall have the option of canceling such collocation
request. Eltopia shall pay Frontier, charges it has incurred in preparing Eltopia's Space up to the point of
cancellation.
3.2 Frontier shall have the right, for good cause shown, upon a minimum offour (4) months notice, to
reclaim any Space, Cable Space or Conduit Space, if necessary, in order to fulfill its obligations under the
applicable law to provide telecommunications services to its End Users. In the event of such reclamation,
Frontier shall use its best efforts to provide Eltopia with alternative space if feasible. In the event of a
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dispute under this Agreement, the dispute shall be resolved per the Dispute Resolution Section outlned
in the General Terms and Conditions. Provided Eltopia has brought such dispute in good faith, Frontier
shall take no action to remove Eltopia before resolution of the dispute.
3.3 Frontier shall have the right to terminate this Agreement at any time with respect to any Space
and associated Cable or Conduit Space(s) where the Central Offce premises becomes the subject of a
taking by eminent authority having such power. Frontier shall notify Eltopia that a taking by eminent
domain of Frontier premises may occur or is contemplated for those facilities where Eltopia has an
interest under this Agreement. Frontier shall also provide Eltopia with written notice of the outcome of
such eminent domain procedure and identify the schedule by which Eltopia must proceed to have
Eltopia's equipment or propert removed from the Space(s) and associated Cable, and Conduit Space.
Eltopia shall have no claim against Frontier for any relocation expenses, any part of any award that may
be made for such taking or value of any unexpired initial term or Renewal Periods that results from a
termination by Frontier under this provision, or any loss of business from full or partial interruption or
interference due to any termination. However, nothing herein shall be construed as preventing Eltopia
from making its own claim against the eminent authority ordering the taking of the Central Offce
premises.
3.4 Eltopia may terminate this Agreement as to any Space or portion thereof; Partitioned Space must be
relinquished in (20) square feet increments and Cage less Space must be relinquished in one bay
increments. Cable and Conduit Space, D.C. Power and Emergency A.C. Power described in Exhibit A
may be reduced or relinquished by giving ninety (90) days prior written notice to Frontier. However, any
remaining Partitioned Space licensed under this Agreement may not be less than one-hundred (100)
square feet, unless a lesser amount was originally occupied or agreed to by both parties. Any remaining
Cage less Space licensed under this agreement, must be no less than one bay. Eltopia is responsible for
the costs of such partial termination.
3.5 The term of the occupancy of the collocated space will coincide with the term of this Agreement.
SECTION 4. PROCEDURES
4.1 Application for Occupancy - Eltopia shall complete a written application for occupancy of any
Space, Cable Space or Conduit Space (Exhibit B).
4.1.1 Eltopia must provide Frontier, along with completed applications described above, an
appropriate and applicable application fee for each Central Offce Space requested. This amount
wil be charged against the price set forth in the applicable collocation schedules in Exhibit A for
administration, engineering, design and construction related to a Eltopia application (the "Price").
Frontier wil process applications for occupancy on a first-come, first-served basis as determined
through the receipt of the application fee. Upon receipt of Eltopia's first application fees, Frontier
wil make available to Eltopia any Frontier-specific documentation required as indicated.
4.2 Pre-Construction Survey and Design and Construction
4.2.1 Frontier will conduct a Pre-Construction Survey for each Eltopia request for Space, Cable
Space, Conduit Space and power for which occupancy is requested to determine the availability
of such spaces to accommodate Eltopia's facilities. In determining the availabilty of power and
space in Frontier's conduit system and Central Offce(s), Frontier wil consider, and give
preference to, its reasonable present and foreseeable needs for such power and space in order
to fulfill its obligations to provide its tariffed services to its End Users.
4.2.2 Frontier will notify Eltopia whether or not the request can be met. If space in the Central
Offce at issue is available, Frontier wil provide to Eltopia a Collocation Schedule (Exhibit A).
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4.2.3 Eltopia shall have thirt (30) calendar days from the receipt of a Collocation Schedule to
pay the total amount of the Price. The Estimated Interval for Turnover of Space(s) (Exhibit A) wil
run from the payment by Eltopia of the Price.
4.2.4 Frontier shall design and construct at Eltopia's expense, subject to Eltopia's pre-approval
of the Price as set forth on the applicable Collocation Schedule (Attachments A), a cage or room
space, as applicable, to establish a clear division between Frontier's or another Eltopia's area
and Eltopia's area, and for purposes of securing the space for the Eltopia's equipment. Frontier
reserves the right to partition its equipment at its own expense from Eltopia's Space.
4.2.5 Frontier shall designate all spaces to be occupied by Eltopia's Facilties under this
Agreement.
4.2.6 In the event Frontier determines that Frontier's or any other entity's cable facilties in
Conduit Space or Cable Space or Frontier's Central Offce equipment need rearrangement to
accommodate the facilities of Eltopia, Frontier will include these costs in the Price. Reasonable
efforts wil be made to minimize the cost of such rearrangements. Eltopia agrees to meet with
Frontier on an as needed basis to review the Design and Construction Work plans and schedules
for the Space, and installation of Eltopia's equipment within its Space.
4.3 Acceptance and Turnover of Space(s)
4.3.1 Frontier wil notify Eltopia in writing of the completion of the Design and Construction
Work.
4.3.2 Prior to beginning installation work or occupancy, Eltopia must sign the Design and
Construction Completion Notice applicable to the Frontier Central Offce at issue indicating
acceptance of the Design and Construction Work as specified in each Collocation Schedule.
Eltopia access to the Spaces will be provided only after the execution of the Design and
Construction Completion Notice.
4.3.3 Eltopia is responsible for procuring all cables from Manhole "0" to the Space, including
fiber optic cable into the Central Offce cable vault, and within cable support structures between
the cable vault and the Space.
4.4 Temporary Staging Area
4.4.1 Frontier commits to providing Eltopia with accss to temporary staging areas and other
Central Offce building facilties necessary for delivery, installation, replacement or removal work
for equipment and facilties located or to be located within Eltopia's Space provided such access
does not unreasonably interfere with Frontier's operations. Before beginning any such activity,
Eltopia agrees to obtain Frontier's written approval of its proposed work scheduling in order to
coordinate use of all necessary temporary staging areas and other building facilities. Frontier
may request additional information before granting approval and may require minor scheduling
changes. Frontier's approval of scheduling wil not unreasonably delay work and its approval for
the use of temporary staging areas and other building facilities by Eltopia wil not be
unreasonably withheld.
4.4.2 During any use of Frontier's facilties by Eltopia, its employees, agents or contractors,
Eltopia is responsible for protecting Frontier's equipment, facilities and personnel within the
staging areas and along the staging route. Eltopia wil use its best efforts to store equipment and
materials within Space when work is not in progress (e.g., overnight). Interim storage of
equipment and materials overnight wil be permitted in the staging area(s) with Frontier's prior
written consent. However, Eltopia shall bear all risk of loss for Eltopia's equipment and materials
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whether stored within or outside of the Space, except to the extent resulting from the gross
negligence of Frontier or its employees. Eltopia wil meet all EHS requirements, and all Frontier
fire, safety, security, environmental and housekeeping requirements as set forth in Frontiets
Safety ManuaL. Frontier may revise Frontier's Safety Manual from time to time in its discretion for
application to all of Frontier's facilities, and wil provide copies of any revisions to Eltopia. Eltopia
wil comply with Frontier's Safety Manual as revised. The temporary staging area wil be vacated
and delivered to Frontier in a broom-clean condition upon completion of Eltopia's installation
work.
4.5 Inspections of Eltopia's Facilities
4.5.1 Frontier has the right to inspect the completed installation of Eltopia's equipment and
facilties. Eltopia shall have the right to be present at such inspection.
4.5.2 Frontier reserves the right to make subsequent inspections (of any part or all) of Eltopia's
equipment and facilities occupying Space(s) and associated Cable Space and Conduit Space.
4.5.3 If Eltopia is found to be in violation of Frontier's requirements for construction in or use of
the Premises, then Eltopia shall pay the reasonable costs of the inspection and shall have a
reasonable period of time to bring its facilities within Frontiets requirements. In the event of an
emergency, Frontier wil provide Eltopia a post-inspection report detailing the reasons for the
emergency and the results of the inspection.
SECTION 5. FEES AND PAYMENT TERMS
5.1 Upon request for Space, Eltopia must provide Frontier with an application fee per Exhibit A prior
to the commencement of any activity.
5.2 Eltopia shall pay to Frontier at the specified time the monthly fees set forth in Collocation
Schedules (Exhibit A). Failure to make such payment constitutes a material breach of this Agreement
5.3 Billng for the fee(s), other than Design and Construction Work charges, delineated in Exhibit A
will commence on the Occupancy Dates set forth in Exhibit A.
5.4 Eltopia shall reimburse Frontier for all reasonable repair or restoration costs incurred by
Frontier associated with damage or destruction caused by Eltopia's personnel, Eltopia's agents or
Eltopia's suppliers/contractors or Eltopia's visitors.
SECTION 6. INTENTIONALLY OMITTED
SECTION 7. INSTALLATION AND MAINTENANCE
7.1 Specifications
7.1.1 Eltopia's facilties shall be placed, maintained, relocated or removed in accordance with
the applicable requirements and specifications of the current editions of the National Electrical
Code (NEG), the National Electrical Safety Code (NESG) and rules and regulations of the
Occupational Safety and Health Act (OSHA) and the Environmental Protection Agency (EPA) and
any governing authority having jurisdiction, including state counterparts to OSHA and EPA. All
Eltopia entrance facilties, splices and equipment must comply with EHS requirements, and
Frontier's Policies and Practices, as set forth in Frontier's Safety ManuaL. Where a difference in
specifications may exist, the more stringent shall apply.
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7.1.2 Eltopia's facilities shall not physically, electronically, or inductively interfere with any of
Frontier's or Other Eltopia's or tenant's pre-existing facilties. In adding additional facilties,
Eltopia and Frontier agree to cooperate with each other to avoid interference with Frontier or any
other Eltopia's or tenant's facilities. Despite such efforts, in the event Eltopia's facilities interfere
with Frontier or any other Eltopia's or tenant's facilties, the Parties shall work together in good
faith to correct the interference.
7.1.3 While many of the standards and technical requirements for Eltopia's cable, equipment
and facilities are set forth in (7.1.1) above, Frontier reserves the right to reasonably specify the
type of cable, equipment and construction standards reasonably required in situations not
otherwise covered in this Agreement. In such cases, Frontier wil furnish to Eltopia written
material which wil specify and explain the required construction. If Eltopia disagrees with
Frontier's explanation, Frontier agrees to meet in good faith to determine alternative equipment or
construction standards that would be mutually acceptable.
7.1.4 Frontier and Eltopia wil jointly determine the length of cable needed to reach from
Manhole "0" to Eltopia's Space. Special arrangements wil be agreed upon to meet unusual
conditions. Added or special rearrangements requested by Eltopia will result in additional
charges to Eltopia. All maintenance of fiber optic cables wil be performed by Eltopia and/or
vendors employed by Eltopia at Eltopia's expense. All installation, restoration and maintenance
work on Eltopia's facilities between Manhole "0" and the Space wil be performed by Eltopia
and/or vendors employed by Eltopia at Eltopia's expense. This work wil be performed in a timely
and effcient manner. Ten (10) days prior to such maintenance, Eltopia shall provide Frontier
notice that maintenance will occur and inform Frontier of the maintenance schedule. Eltopia shall
be accompanied by a qualified Frontier representative in all Manhole "0" to Eltopia's Space
locations at Eltopia's expense.
7.2 Entrance Facilties
7.2.1 Manhole "0" - Frontier reserves the right to prohibit all equipment and facilties, other than
cable, from its entrance manholes. No splicing wil be permitted in Manhole "0", the Frontier
Cable vault or any location other than the Space. Eltopia must provide a length of underground
fiber optic cable in Manhole "0" specified by Frontier of suffcient length to be pulled through the
Central Offce conduit and the Central Offce cable vault and into the Space, without the need for
splicing. Eltopia is responsible for the placement of the fiber optic facilty within Manhole "0", and
all work performed in or near the Manhole must be done in accordance with EHS requirements,
and Frontier's policies as set forth in Frontier's Safety Manual. This installation shall be
coordinated with and inspected by Frontier. Eltopia shall be accompanied by a qualified Frontier
representative in all Manhole locations at Eltopia's expense. Eltopia shall notify Frontier's
Network Operations Center of its intention to enter an Frontier Manhole "0" with no less than
fort-eight (48) hours' advance notice informing Frontier of the Manhole "0" involved, the
anticipated time and duration of entry and the names of entering employees. All maintenance
work on Eltopia's fiber optic cables wil be performed by Eltopia and/or vendors employed by
Eltopia at Eltopia's expense. Ten (10) days prior to such maintenance, Eltopia shall provide
Frontier notice that maintenance wil occur and inform Frontier of the maintenance schedule.
7.2.2 Conduit Space - Eltopia and/or vendors employed by Eltopia wil install the fiber optic
cable provided by Eltopia in the Conduit Space at Eltopia's expense. Eltopia, at its expense, shall
be accompanied by a qualified Frontier representative during all fiber optic cable installations
involving Conduit Space. Eltopia wil be required to provide a good faith three-year forecast for
planning and duct allocation purposes. Frontier wil consider any future requests for additional
facilities based upon the availabilty of such facilties at the time the request is made. Frontier
may provide shared conduit with dedicated inner duct. Eltopia wil not be permitted to reserve
space in the Central Offce conduit. If new conduit is required, Frontier wil negotiate with Eltopia
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to enter into a further agreement to address the specific location. Frontier reserves the right to
manage its own Central Offce conduit requirements and to reserve vacant space for reasonable
facility additions planned for its primary use.
7.2.3 Cable Space - Central Offce Cable Vault - Frontier wil provide space for installng
electrical metallc tubing ("EMT") within the Frontier cable vault. Where reasonably deemed
necessary by Frontier, pull boxes and/or metallc flexible tubing wil be installed to allow a
secured and continuous path. These facilties wil be installed by Frontier and/or vendors
employed by Frontier at the expense of Eltopia. A separate EMT conduit will be installed for each
Eltopia with no more than one Eltopia occupying a single EMT. Frontier wil identify all Eltopia
entrance facilties accordingly. Eltopia and/or vendors employed by Eltopia wil install the Eltopia-
provided fiber within the EMT conduit at the expense of Eltopia. Eltopia shall be accompanied by
a qualified Frontier representative in all fiber optic cable installations involving EMT conduit cable
vault locations at Eltopia's expense. To avoid unnecessary reinforcements or rearrangements,
Eltopia agrees to size the fiber optic facilties to meet three-year forecasted demand, where
feasible.
7.2.4 Cable Space-Central Offce Risers and Cable Racks - Frontier wil provide space for
installng EMT between the Frontier cable vault and the Space. Where reasonably deemed
necessary by Frontier, all boxes and/or metallc flexible tubing wil be installed to allow a secured
and continuous path. These facilties wil be installed by Frontier and/or vendors employed by
Frontier at the expense of Eltopia with no more than one Eltopia occupying a single EMT. Eltopia
and/or vendors employed by Eltopia wil install the Eltopia-provided fiber optic cable in the conduit
between the cable vault and the Space at the expense of Eltopia. Eltopia shall be accompanied
by a qualified Frontier representative in all fiber optic cable installations involving Cable Space at
Eltopia's expense. Fiber cables must comply with EHS requirements and Frontier Policies and
Practices relating to fire, safety, health, environmental and network safeguards as set forth in
Frontiets Safety Manual. Fiber cable sheaths must be adequately grounded within the Space to
the nearest practicable Central Offce ground.
7.2.5 Power - Frontier wil provide power for Eltopia's equipment, pursuant to charges set forth
on Exhibit A At Eltopia's expense, Frontier and/or vendors employed by Frontier shall install the
equipment needed to deliver power from the D.C. Power Board to the Space and a ten-position
ground bar shall be connected to the closest practicable Central Offce ground. The D.C. Power
plant wil be subject to the normal voltage reductions common to battery plants occurring during
commercial power failures. Where available the D.C. voltage for the Space wil return to the
nominal voltage level concurrent with, or prior to, restoration of a nominal voltage level for
Frontier's own equipment once the back-up generator system is operational and placed back on-
line,. Should Eltopia's power requirements increase to the point that Frontier must purchase
additional power plant to meet their demands, Eltopia shall be responsible for compensating
Frontier for the cost to purchase and install such additional plant. However, in the event that
Frontier or other Eltopias also have a need for additional power requirements to be supplied by
such additional plant, the purchase and installation costs of such plant shall be allocated on a pro
rata basis, based upon the parties' need for and use of such additional plant. Exhibit A shall be
amended accordingly. If emergency AC. Power is available, and if Eltopia requests, Frontier
shall provide such power to Eltopia, pursuant to Exhibit A. Upon Eltopia's request, Frontier wil
investigate the feasibilty of providing Protected AC. Power. If Protected A.C. Power is available,
Frontier shall provide such power to Eltopia, pursuant to Exhibit A Eltopia shall also have the
right to supply its own battery back-up power within the Partitioned Space, subject to Frontier's
approval of the necessary equipment, which approval shall not unreasonably be withheld. Any
battery back-up power supplied by Eltopia shall be installed, operated, and maintained in
accordance with Frontiets Safety Manual.
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7.2.6 All Collocation Space - Frontier is responsible for providing Space in accordance with this
Attachment. Eltopia will properly ground the fiber cable within the Space to the nearest
practicable Central Offce ground. To avoid safety hazards, H Taps and C Taps are required
connections for power leads and power distribution. Either fusion or mechanical splicing is
acceptable for optics. Eltopia wil be responsible for accepting delivery, installation and
maintenance of its equipment within the Space. Eltopia may not construct improvements or
make alterations or repairs to the Space without the prior written approval of Frontier, which
Frontier wil not unreasonably withhold.
7.2.7 Point of Termination - Frontier will designate DSX-3 and DSX-1 panel positions on DSX
frames and distribution block locations on Frontier MDF as the Point of Termination for
associated COAX, ABAM and analog cables extending from Space and used for interface with
the Frontier network. Frontier and/or vendors employed by Frontier wil provide, install and repair
at Eltopia's expense, all cables, racks and Central Offce termination equipment necessary to
provide the interface required for connection to the Frontier network on the Frontier side of the
Space. Eltopia wil pay any costs incurred by Frontier whenever Frontier personnel are required
to identify a trouble as being on Eltopia's side of the Point of Termination. Frontier wil not
perform maintenance on equipment on Eltopia's side of the Point of Termination
7.2.8 Non-Compliant Installations -If at any time Frontier reasonably determines that either the
equipment or the installation does not meet the requirements outlined in this Agreement and
Eltopia fails to correct any non-compliance with these standards within twenty (20) Business
Days after written notice to Eltopia, Frontier may have the equipment removed or the condition
corrected at Eltopia's expense. If, during the installation phase, Frontier reasonably determines
any Eltopia activities or equipment are unsafe, non-standard or in violation of any applicable
Frontier requirements, or fire, safety, environmental or policy set forth in Frontier's Safety Manual,
Frontier has the right to immediately stop the work or place it on hold for no longer than
reasonably necessary to address the situation. Frontier must notify Eltopia of the stoppage and
Frontier's basis for doing so. However, when such conditions pose an immediate threat to the
safety of Frontier's employees, interfere with the performance of Frontier's service obligations, or
pose an immediate threat to the physical security or integrity of the conduit system or the cable
facilities of Frontier, Frontier will utilze its reasonable efforts to immediately notify Eltopia, but
may perform such work and/or take such action that Frontier deems necessary without prior
notice to Eltopia. The reasonable cost of said work and/or actions shall be borne by Eltopia.
Frontier reserves the right, after giving Eltopia sixty (60) calendar days notice, to require the
removal of products, facilities and equipment reasonably determined by Frontier to be no longer
in compliance with EHS requirements, NEBS and Frontier safety standards. Eltopia shall within
such sixt (60) day period, remove such products, facilties and equipment from its Partitioned
Space, or otherwise bring its facilities into compliance.
7.2.9 Eltopia agrees to abide by all Frontier Security policies, procedures and practices, and all
applicable Federal, State and Local environmental, health, safety and security requirements, for
non-Frontier employees with access to Frontier Central Offces. Any violation of this Section
shall be deemed a material breach.
7.2.9.1 Eltopia and its employees, agents or representatives shall take reasonable and
prudent steps to ensure the adequate protection of Frontier propert, equipment and
services.
7.2.9.2 Eltopia wil supply Frontier Security with a list of its employees who require
access. Prior to supplying the list, Eltopia wil perform a background check of each
individual on the list to determine whether the individual has a criminal record. Eltopia
wil provide Frontier Security with information regarding the criminal record of any
individual on the list, and Frontier Security may in its sole discretion exclude any
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individual with a criminal record. Frontier Security may require certain additional
information to ensure positive identification of such individuals.
7.2.9.3 Frontier Security wil issue non-employee identification cards for each Eltopia
employee listed in accordance with Section 7.2.9.2 and Section 7.2.9.12 who wil require
frequent or regular access. Identification cards wil not be issued to Eltopia's vendor or
contracted installer. Eltopia's vendor or contracted installer shall be given access into the
Frontier location housing Eltopia's Space and escorted to Eltopia's Space by an
authorized Eltopia employee with a proper identification card. Identification cards must be
worn and openly displayed at all times, while in any Frontier loction housing Eltopia's
Space. Eltopia will not be granted access without displaying an identification card.
Eltopia is responsible for notifying Frontier Security immediately, both verbally by callng
585-777-7773 and in writing to 111 Field St. Rochester, NY 14620, of any employee on
the access list that no longer requires said access. Eltopia must notify Frontier Security
immediately in the event any listed employee's employment is terminated, by callng 585-
777-7773, which is staffed 24 hours a day seven (7) days a week. Eltopia is responsible
for the collection and return, to Frontier Security, of ID cards of employees removed from
the list. Eltopia is responsible for returning alliD cards, to Frontier Security, upon
termination of this Agreement.
7.2.9.4 Eltopia's employees are restricted to a specific access route, designated by
Frontier Security, from the designated Central Offce exterior door to the Space. Eltopia's
employees shall have access to its physical collocation space 24 hours a day, 7 days a
week without requiring either a security escort of any kind or requiring a Frontier
employee or representative to be present during Eltopia's entry into the premises.
Eltopia's employees and contractors shall make reasonable efforts to enter Frontier's
Central Offces during the 6:00 a.m.-10:00 p.m. working hours Monday through Friday.
For non-emergency access to Central Offces where Frontiets equipment is accessible
to Eltopia's personnel, Eltopia's employees may enter Frontier's Central Offces between
10:00 p.m. and 6:00 a.m. Monday through Friday and on weekends only after notifying
Frontier of its intention to enter a Frontier Central Offce with no less than 2 hours
advanced notice. Frontier wil provide Eltopia with a list of Central Offces where such
advanced notice is required for access outside of Frontier's working hours. No advanced
notice wil be required for access to a Central Offce where Frontiets equipment is not
accessible to Eltopia's personnel and there is a separate entrance. Prior to emergency
access, Eltopia shall give Frontier notice at or about the time that Eltopia's employees
are dispatched to the Central Offce. In all cases, Eltopia shall make such notification by
contacting Frontiets twenty-four (24) hour Security Command Center at 585-777-7773
and informing Frontier of the Central Offce involved, the anticipated time of entry, and
the names of entering employees. In all cases where Eltopia requires entr into
Frontier's premises outside of normal business hours, Eltopia must contact the Security
Command Center upon arrival at the premises.
7.2.9.5 If Eltopia arrives at the Central Offce and the access cards has not been
activated within ten (10) minutes after Eltopia's notification, Eltopia shall escalate the
issue to Frontiets escalation contact.
7.2.9.6 Frontier wil provide security to protect and monitor the Space consistent with
that required for similar Frontier facilities.
7.2.9.7 Where Eltopia provides the security device for its Space, Eltopia wil provide keys
or other provisions for access to Frontier Security in the event of an emergency and to
perform the required housekeeping and equipment inspection activities under the terms
and conditions specified in this Agreement. Frontier shall be responsible for ensuring
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that its employees wil not be allowed access to the Space unless authorized under this
Agreement.
7.2.9.8 Eltopia wil provide Frontier Security with an emergency response list of persons
to be notified of an environmental, safety or security emergency in any Frontier facilty
containing Eltopia Space. It is the Eltopia's responsibilty to update the list as necessary.
7.2.9.9 During the installation phase, or for subsequent maintenance, Eltopia wil have
access to its Space and any room or area required by them, to necessitate the
installation. Eltopia may be escorted in areas outside its Space by qualified Frontier
employees or Frontier Security personnel for these occasions.
7.2.9.10 In the event that there shall be a labor dispute involving any person working in or
about the Frontier buildings that Eltopia's employees have access to, Frontier Security
shall take reasonable steps to ensure that Eltopia's representatives have uninterrupted
access to the building for the purpose of performing all functions under this Agreement.
7.2.9.11 Frontier Security may from time to time change its security, environmental,
health and safety arrangements. Eltopia wil pay its proportional share of the costs of
these changes based upon the percent of square footage occupied by Eltopia in
proporton to the total square footage impacted or protected by the change in
arrangements.
7.2.9.12 Eltopia shall at all times maintain compliance with federal, state and local laws
as well as Frontier policies, practices and procedures as set forth in Frontiets
Environmental, Health and Safety ManuaL. Eltopia shall at all times maintain its space in
such a way as to not create a fire hazard, including, but not limited to, minimizing the use
and storage of combustibles and flammables while on Frontiets premises.
7.2.9.13 Eltopia wil provide Frontier with a certification or accptable form or written
representation that all listed employees and contractors have completed environmental,
health and safety training to meet all legal requirements, and to enable them to perform
their job safely, and in compliance, while on Frontier premises. Such certification or
written representation must be provided to Frontier prior to issuance of a non-employee
identification card. Eltopia shall be responsible for providing all of its employees and
contractors with adequate personal protective equipment to perform the job safely.
7.3 Relocations and Rearrangements
7.3.1 As a last resort, Frontier may require Eltopia to move from its Space to Space in another
location within the same Central Offce if necessary for Frontier to fulfill its obligations under the
applicable law. Frontier shall provide Eltopia notice of the need for such a move. Frontier wil
negotiate a schedule with Eltopia under which such relocation shall be effected. Frontier wil bear
the costs of relocating the Space, Point of Termination and associated Frontier cabling. Eltopia
will be responsible for relocating its equipment and facilities. Frontier and Eltopia wil work
together ingood faith to minimize any disruption of Eltopia's services as a result of such
relocation. Should Eltopia wish to move equipment from one location to another, Eltopia wil be
responsible for removing and transporting its equipment to the new site and installing it. Frontier
wil treat the relocation as a new installation under the terms and conditions of this Agreement.
7.3.2. Should Frontier reasonably need to install additional facilities in any conduit system in
which Eltopia occupies Conduit Space for the purpose of meeting its own service requirements or
for providing for another Eltopia, Frontier wil, after notifying Eltopia in writing of the basis and
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schedule proposed, rearrange Eltopia's facilities in the conduit system so that the additional
facilties of Frontier, or other Eltopia, may be accommodated.
7.3.3 In an emergency affecting the safety of personnel, involving out of service End Users or
integrity of the Frontier Network, Frontier will attempt to notify Eltopia, but nevertheless may
rearrange Eltopia's facilities occupying a conduit, manhole, cable vault, riser system or cable
support structure without prior notification. Such rearrangement wil be at Eltopia's expense if
such emergency is a result of Eltopia's occupancy of the space(s) under this Agreement or as a
result of any act or omission on the part of Eltopia, its employees, agents or vendors.
7.3.4 Where Eltopia intends to modify, move, replace or add to equipment or facilties within or
about the Space and requires special consideration (e.g., use of freight elevators, loading dock,
staging area, etc.), Eltopia must request and receive written consent from Frontier.
7.4 Access Rights of Frontier
7.41 Eltopia wil provide emergency access to its Space at all times to allow Frontier to react
to emergencies, to inspect pursuant to the terms and limitations of this Agreement and to ensure
compliance with Frontier policies and standards related to fire, safety, health and environmental
safeguards as set forth in Frontiets Safety Manual.
8.0 RULES OF CONDUCT
8.1 Eltopia agrees that its employees and vendors with access to Frontier Central Offce(s) shall at
times adhere to the rules of conduct established by Frontier for the Central Offce and Frontier's
personnel and vendors and provided to Eltopia as set forth in Frontier's Environmental, Health and Safety
ManuaL. Frontier reserves the right to make changes to such policies, practices and procedures to
preserve the integrity and operation of the Frontier network or facilties, or to comply with applicable laws
and regulations.
8.2 Hazardous Materials. Collocator wil identify and will notify Company in writing of any Hazardous
Materials Collocator may bring onto the propert and wil provide Company copies of any inventories or
other data provided to State Emergency Response Commissions ("SERCs"), Local Emergency Planning
Committees ("LEPCs") or any other governmental agencies if required by the Emergency Planning and
Community Right to Know Act (41 U.S.C. 11001, et seq.). Collocator, its agents and employees wil
transport, store and dispose of Hazardous Materials in accordance with all applicable federal, state or
local laws, ordinances, rules and regulations. Collocator wil promptly notify Company of any releases of
Hazardous Materials and wil copy Company on any notification of or correspondence with any
governmental body as a result of such release.
8.3 For purposes of this Section, "Hazardous Materials" wil mean any toxic substances and/or
hazardous materials or hazardous wastes (including, without limitation asbestos and lead antimony
batteries,) as defined in, or pursuant to the OSHA Hazard Communication Standard (29 CFR Part 1910,
Subpart Z), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.), or
regulations adopted pursuant to those statutes, the Toxic Substances Control Act (15 U.S.C. Section
2601 et seq.) or any other federal, state or local environmental law, ordinance, rule or regulation. The
provisions of this Section wil survive the termination, cancellation, modification or rescission of this
Attachment.
8.4 Collocator wil provide Company copies of all Material Safety Data Sheets ("MSDSs") for
materials or chemicals regulated under the OSHA Hazard Communication Standard (29 C.F.R.
1910.1200) that are brought onto the propert. All such materials wil be labeled in accordance with 29
C.F.R 1910.1200, and applicable state regulations if such regulations are more stringent.
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8.5 If Company discovers that Collocator has brought onto Company's propert Hazardous Materials
without notification, or is storing or disposing of such materials in violation of any applicable
environmental law, Company may, at Company's option and without penalty, terminate this Attchment or
suspend performance hereunder. Collocator wil be responsible for, without cost to Company, the
complete remediation of any releases or other conditions caused by its storage, use or disposal of
Hazardous Materials. Collocator wil also be responsible for removing and disposing of all Hazardous
Materials on its Premises at the termination of this Attachment. If Company elects to terminate this
Attachment or discontinue the performance of services hereunder due to the storage, use or disposal of
Hazardous Materials, Collocator wil have no recourse against Company and will be responsible for all
costs and expenses associated with such termination or suspension of service in addition to being
responsible for any remedies available to Company for defaults under this Attachment.
8.6 Collocator wil indemnify and hold harmless Company, its successors and assigns against, and in
respect of, any and all damages, claims, losses, liabilities and expenses, including, without limitation, all
legal, accounting, consulting, engineering, and other expenses, which may be imposed upon, or incurred
by, Company or asserted against Company by any other part or parties (including, without limitation,
Company's employees and/or contractors and any governmental entity) arising out of, or in connection
with, Collocator's use, storage or disposal of Hazardous Materials on the Premises.
8.7 Various Prohibited Uses. Collocator will not do or permit anything to be done upon the Premises,
or bring or keep anything thereon that is in violation of any federal, state or local laws or regulations
(including environmental laws or regulations not previously described), or any rules, regulations or
requirements of the local fire department, Fire Insurance Rating Organization, or any other similar
authority having jurisdiction over the Building. Collocator wil not do or permit anything to be done upon
the Premises that may in any way create a nuisance, disturb, endanger, or otherwise interfere with the
telecommunications services of Company, any other occupant of the Building, their patrons or End Users,
or the occupants of neighboring propert, or injure the reputation of the propert. Collocator wil not,
without the prior written consent of Company: (i) install or operate any lead-acid batteries, refrigerating,
heating or air conditioning apparatus or carry on any mechanical business in the Premises; (ii) use the
Premises for housing, lodging or sleeping purposes; (iii) permit preparation or warming of food, presence
of cooking or vending equipment, sale of food or smoking in the Premises; or (iv) permit the use of any
fermented, intoxicating or alcoholic liquors or substances in the Premises or permit the presence of any
animals except those used by the visually impaired. Company may, in its sole discretion, withhold such
consent, or impose any condition in granting it, and revoke its consent at wilL.
8.8 Cleanliness and Obstruction of Public Areas. Collocator will not place anything or allow anything
to be placed near the glass of any door, partition or window that Company determines is unsightly from
outside the Premises; or take or permit to be taken in or out of other entrances of the Building, or take or
permit to be taken on any passenger elevators, any item normally taken through service entrances or
elevators; or whether temporarily, accidentally, or otherwise, allow anything to remain in, place or store
anyting in, or obstruct in any way, any passageway, exit, stairway, elevator, or shipping platform.
Collocator wil lend its full cooperation to keep such areas free from all obstruction and in a clean and
sightly condition, move all supplies, furniture and equipment directly to the Premises as soon as received,
and move all such items and waste, other than waste customarily removed by employees of the Building.
SECTION 9. RIGHTS RESERVED TO COMPANY
9.1 Company wil have the following rights, and others not specifically excluded in this Attachment,
exercisable without notice and without liabilty to Collocator for damage or injury to propert, person or
business (all claims for damage being hereby released), and without effecting an eviction or disturbance
of Collocator's use or possession or giving rise to any claim for offsets, or abatement of rent:
9.2 To designate any and all spaces to be occupied by Collocator's facilties and equipment under
this Attachment;
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9.2.1 To change the name or street address of the Building;
9.2.2 To install and maintain signs on the exterior and interior of the Building or anywhere on
the propert;
9.2.3 To have pass keys or access cards with which to unlock all doors in the Premise,
excluding Collocator's safes;
9.2.4 To enter the Premises for the purposes of examining or inspecting same and of making
such repairs or alterations as Company deems necessary (Collocator hereby waives any claim
for damage, injury, interference with Collocator's business, any loss of occupancy or quiet
enjoyment of the Premises and any other loss occasioned by the event except where such
damages result solely from the gross negligence or wilful misconduct of Company);
9.2.5 To use any means Company may deem proper to open Premises' doors in an
emergency. Entry into the Premises obtained by Company by any such means wil not be
deemed to be forcible or unlawful entry into or a detainment of or an eviction of Collocator from
the Premises or any portion thereof;
9.2.6 To utilize the space within the Building in such a manner as wil best enable it to fulfill its
own service requirements;
9.2.7 To require all persons entering or leaving the Building during such hours as Company
may from time to time reasonably determine to identify themselves to a watchman by registration
or otherwise and to establish their right to leave or enter, and to exclude or expel any solicitor or
person at any time from the Premises or the propert. Company assumes no responsibility and
wil not be liable for any damage resulting from the admission or refusal to admit any authorized
or unauthorized person to the Building, provided that such damage is not the result of gross
negligence or willful misconduct on the part of the Company;
9.2.8 To approve the weight, size and location of safes, computers and all other heavy articles
in and about the Premises and the Building, and to require all such items and other offce
furniture and equipment to be moved in and out of the Building or premises only at such times
and in such a manner as Company wil direct and in all events at Collocatots sole risk and
responsibility;
9.2.9 At any time, to decorate and to make, at its own expense, repairs, alterations, additions
and improvements, structural or otherwise, in or to the Premises, the propert, or any part thereof
(including, without limitation the permanent or temporary relocation of any existing facilities such
as parking lots or spaces), and to perform any acts related to the safety, protection or
preservation thereof, and during such operations to take into and through the Premises or any
part of the propert all materials and equipment required, and to close or suspend temporarily
operation of entrances, doors, corridors, elevators or other facilities, provided that Company wil
limit inconvenience or annoyance to Collocator as reasonably possible under the circumstances;
9.2.10 To do or permit to be done any work in or about the Premises or the propert or any
adjacent or nearby building, land, street or alley;
9.2.11 To grant to anyone the exclusive right to conduct any business or render any service on
the propert, provided such exclusive right wil not operate to exclude Collocator from the use
expressly permitted by this Attachment, unless Company exercises its right to terminate this
Attachment with respect to all or a portion of the Premises;
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9.2.12 To close the Building at such reasonable times as Company may determine, subject to
Collocator's right to admittance under such reasonable regulations as wil be prescribed from
time to time by Company.
9.2.13 Company wil have the right to upgrade or replace its equipment at the subject central
offce. In the event that Company determines to make such equipment upgrades or
replacements, it wil give Collocator six months advance notice of such changes. It wil be
Collocator's responsibility to ensure that its equipment remains compatible with Company's
upgraded or new equipment.
9.2.14 To perform all work, using Company employees or contractors, necessary to ready the
Premises for Collocator's use;
9.2.15 To exercise all other rights reserved by Company pursuant to the provisions of this
Attachment; and
9.2.16 To inspect the installation of equipment in the Premises prior to the connection of
equipment to Company facilties.
10. ASBESTOS
Collocator is aware the Building in which the Premises is located may contain or have contained asbestos
or asbestos containing building materials, and Collocator hereby releases and agrees to hold Company
harmless from any and all liability to Collocator or any of its employees, agents or invitees as a result
thereof.
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COLLOCATION SCHEDULE
EXHIBIT A
Page 1 of6
This Collocation Schedule is made this _ day of _, 20_, and subject to all definitions, terms and
conditions of the ENTIRE AGREEMENT dated , 20_, between FRONTIER and ELTOPIA.
A. Collocation Rates and Charges:
FRONTIER Central Offce Location:
Physical Collocation:
1. Collocator Not Ready Charge:
2. Applications Fee:
3. Augment Fee(expanding space):
4. Engineering & Implementation Fees:
A. Initial Application(1sT App)
B. Subsequent Application
C. Cage Expansion & Additional Cabling
D. Additional Cabling Only
E. Power Augment Only
5. Service Access Charge Cable & Frame Termination:
A. Voice Grade, Per 150 Connections to MDF
B. DS1, Per 28 Connection to DSX
C. Per DS3 Connection to DSX
D. Co Cable Racking
6. Security Charge:
A. Security Charge (per locations)
B. Additional Card
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NRC MRC
EXHIBIT A
Page 42
(Physical Collocation-Continued)
7. Multiplexing Node(Cage) Preparation:
A. 100 Square Feet
B. Per 20 Square Foot Addition
8. Ughting/AC Charge
A. Ughting/AC Charge
9. Land & Building:
A. 100 Square Feet
B. Per 20 Square Foot Increments
10. DC Power -48(Per Amp Fused, Per Feed):
A. Power Installation Per Amp
B. 20-200 Amps
11. Service Access Charge Cable & Frame Termination:
A. Voice Grade, Per 150 Connections to MDF
B. DS-1, Per 28 Connection to DSX
C. DS-1, Per 28 Connection to DCS
D. Per DS3 Connection to DSX
E. Per DS3 Connection to DCS
12. Conduit Space Rental Rate
13. Entrance Fiber Structure:
(Per Foot, Per Innerduct)
14. Escort Service:
A. Escort Service-1/4 hour
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Page 43
Cageless Collocation:
1. Carrier Not Ready Charge:
2. Application Fee:
3. Engineering & Implementation Fees:
A. Initial Application (1ST Application)
B. Subsequence Application
C. Additional Cabling Only
D. Power Augment Only
4. Service Access Charge Cable & Frame Termination:
A. Voice Grade, Per 150 Connections to MDF
B. DS1, Per 28 Connection to DSX
C. Per DS3 Connection to DSX
D. CO Cable Racking
5. Security Charge:
A. Security Charge (per location)
B. Additional Card
6. Land & Building (Per Equipment Bay):
7. Ughting/AC Charge
8. DC Power -48(Per Amp Fused, Per Feed):
A. Power Installation Per Amp
B. 20-200AMPS
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NRC
EXHIBIT A
Page 3 of6
MRC
Page 44
EXHIBIT A
Cageless Collocation-Cont
9. Service Access Charge Cable & Frame Termination:
A. Voice Grade, Per 150 Connections to MDF
B. DS 1, Per 28 Connection to DSX
C. DS1, Per 28 Connection to DCS
D. Per DS3 Connection to DSX
E. Per DS3 Connection to DCS
10. Conduit Space Rental Rate:
11. Entrance Fiber Structure:
(Per Foot, Per Innerduct)
12. Escort Service:
A. Escort Service- % Hour
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EXHIBIT A
Page 50f6
TOTAL FEE:
Total fee represents the non-recurring and monthly charges as described above.
$Total Non-Recurring $Total Per Month
B. Turnover of Space(s)
1. Physical Collocation where space is available.
The estimated interval for turnover of space(s) is negotiable upon receipt of a valid service
request (completion and acceptance of Collocation Application) through the date of notification to
the Eltopia of the cable assignment information.
2. All Other Collocation Arrangements.
The estimated interval for turnover of space(s) is negotiable upon receipt of a valid service
request (completion and acceptance of Collocation Application) through the date if notification to
the Eltopia of the cable assignment information.
C. Term
The term of this Agreement Schedule shall commence as of the occupancy date set forth in this
Schedule and shall terminate _ year(s) from this date unless otherwise terminated by either
part. In no event shall the term be less than three (3) years.
ELTOPIA FRONTIER
By:By:
Typed:Typed:
Title:Title:
Date:Date:
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EXHIBIT A
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DESIGN AND CONSTRUCTION WORK
COMPLETION NOTICE
C.O. Address CLLI
Contract #Compliance. Date
Collocator Occupancy Date
The Frontier portion of this Collocation project has been completed in accordance with the specifications
approved for this job. The space is now ready for occupancy. All associated work is complete.
Occupancy fees as delineated in the contract established for the job commence with the signing of this
document.
Exceptions to construction work:
_ Amount of space requested sq feet
_ DC Power requirements
AC Power
_ # of DSO requested
_ # of DS1 requested
_ # of DS3 requested
ACCEPTED BY:
ELTOPIA FRONTIER
By:By:
Typed:Typed:
Title:Title:
Date:Date:
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EXHIBITB
FormA
Collocation Application
Date Sent Date Rcv'd
(FRONTIER use only)
Revision #(Please see Section IIC)
I. Collocator Information
1. Company
Street
City State Zip
2. Contact Name(for questions related to this application)
Telephone #Fax #E-mal address
3. 24 hour emergency contact telephone #
4. Desired Service Date
intervals)
( in accordance with FRONTIER standard
5. Central Offce CLLI Code
Street Address City
ACTLCode (To be provided/registered by CLEC)
6. Bilng Inormation
Bilng Manager Name
Company Name
Street Address
City State Zip
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II. Type of Collocation Requested
A. New Collocation Arrangement
Please indicate the type(s) of collocation you are wiling to consider, your order
of preference, as well as your desired and minimally acceptable space
requirements for each option selected on the chart below. Frontier Telephone wil
use this information to best meet your immediate collocation requirements. Please
rank the order types by starting with the number 1, indicating your first.
preference.
Type of Collocation Order of Requirements Desired Min
Requested Preference
Physical-Caged Number of Square
Feet
Cageless Number of Square
Feet
B. Augment to an Existing Arrangement
1. Type of Arrangement (physical/cageless)
2. Augment Type - Check all that apply
( ) Cable Terminations for DS3, DS1, DSO, Fiber
( ) Power
( ) Pullng in additional fiber facilties
( ) Addition/Removal of equipment
( ) Contiguous Space-Indicate nbr of sq feet or bays desired
3. 11 Character CLLI Code of the existing arrangement
C. Reason for revision:
Note: Revisions must be received within 5 business days of the
original application to avoid change in the start and
completion dates of the collocation arrangement/augment.
II. TYPE AND NUMBER OF TIE CABLES TO BE CABLED
Tie Cables to be cabled are those that wil be run between the demarcation point (CLEC
space and the FRONTIER Distributing Frame) to support the equipment listed on this
application. Terminations within the CLEC space are the responsibility of the CLEC. An
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application requesting an augment must be submitted for additional tie cables to be cabled.
Please indicate the quantity of each type of termination for each type of collocation
requested in Section IIA for all desired and minimum configurations. Certain tariffs and
products have minimum ordering increments and wil be cabled and biled accordingly. *If
DSO's are ordered, must be in 150 pair increments.
DS3 DS1 DSO
Type of
Collocation
Min Min Min
Phvsical
Caoeless
Augment
IV. DC POWER REQUIREMENTS
Please indicate your requirements for -48V Battery & Ground, A & B Supplies for each type
of collocation requested for both your desired and minimum configurations. Please indicate
number of Primary Feeds (A & B) and the number of Fused Amps required per Feed.
Type of Number of Primary DC Feeds (A & B)Number of AMPS
Collocation (Qty of '1' equals one A & B feed pair)Drain/Primary Feed
(Qty of '30' equals 30 amps
fused on A and 30 amps fused
on B - Do not add tOQether)
Desired Min Desired Min
Phvsical
Cageless
AUQment
Note: When indicating the number of primary feeds required, a quantity of "1" equals one A
& B Feed Pair. When indicating the number of amps drain per primary feed, a quantity of
"30" equals 30 amps fused on A and 30 amps fused on B. DO NOT ADD TOGETHER.
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V. TECHNICAL EQUIPMENT SPECIFICATIONS
1. List of equipment and framework (relay racks) to be installed by Collocator
Please specify the manufacturer and model number, DC power drain in AMPS, heat
dissipation, dimensions (size), and quantity) for each piece of equipment and relay rack to be
installed. Please attach a list of all plug-ins and a copy of the product's technical description.
This information is REQUIRED.
o DC
Power
Drain Heat
DissipationManufacturer/Model #
Dimensions
(cageless scenarionnl,,\QTY
? T"l",1 ""nli..in""l..1i ..niiinm..nl 1"""Ii/lir""in in Amn..ITn":,,1 nf i:mn..
3. NEBS Conformance Requirements
All framework (relay racks) to be installed or placed in Frontier Telephone Ofces must be tested to,
and are expected to meet the NEBS family of requirements.
NOTE: All frames/relay racks must conform to NEBS. Equipment, frames/relay racks are not
compliant if constructed of non-steel and/or non-welded equipment frame materials. Installation of
non-compliant frames/relay racks in any collocation arrangement in any Frontier Telephone Central
Offce is prohibited.
Please provide the applicable Service Group (SG) for all your respective laser equipment located
within Frontier's Central Offces. These SG's are based on the power levels and can be found in
the ANSI Standard 136.1 "For The Safe Use of Lasers".
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Vi. OUTSIDE PLANT FIELD SURVEY
1. Please indicate the method you wil be usino to establish your collocation
3. Cable Requirements
Cable
Support
Structure
A. Nurnber of cables to be placed:
B. Size of Cables (diarneter):
C. Type of Cable: (manufacturer's
narne)
VII. COLLOCATOR'S VENDOR SELECTION
1. Engineering Vendor
Address
Telephone Nurnber
2. Outside Plant Vendor (Cable Placernent)
Address
Telephone Nurnber
3. Outside Plant Vendor (Cable Splicing)
Address
Telephone Nurnber
4. Equipment Installation Vendor
Address
Telephone Number
VII. CERTIFICATE OF INSURANCE
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A Certificate of Insurance must be provided for all new sites prior to occupancy.
Certificate Attached:Yes No If Yes, please provide expiration date:
If No, date Certificate to be provided:
IX. REMARKS:
Please submit this application, all supporting documentation and applicable application fee to:
Collocation Project Manager
Frontier Communications
180 South Clinton Avenue
Rochester, N.Y. 14646
NOTE: Failure to provide all requested information and associated documentation may result in
delays in the processing of this application.
**** By submiting an application for collocation, the GLEG is accepting (as a matter of contract)
the terms of the fied tariff or collocation contract, unti such tariff or contract is superceded by an
effective tariff or contract. ****
EXHIITC
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Method of Procedure
Authorization
Contracting Company:MOP Number (Assigned by Frontier):
Frontier Order Number (TF, FR,etc.):
Contracting Company Address:
OfficelCLLI Code:
Project Start Date (MM-DD-VY):
Project Completion Date (MM-DD-VY):
MOP Prepared by:Date Submitted:Phone Number:
Contracting Supervisor on the Job:Conlact Number (cell/pager): Fronlier Rereenlative Peorming Walk-
Throu h:
Contac Number (cell/pager):
Approed to Star Wor:YES NO
Approval Signature and Date:
Reasons for NO Approval:
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Safety
Contractors penoning the work in this MOP have reviewed and are in confonance with
the saety and service protection requirements specified in Frontiets Safety and Prural
Handbok pertaining to, but not limited to the following categoris:
Initial
Conractor Fronier
Personal Safety (clothing, eye protection, protective heagear, etc.)
Fire Protection (material storage, housekeeping, location of fire extinguishers, etc.)
Housekeeping (trash removal interals, etc.)
Building Conditions (lighting, stairways, rollng ladders, etc.)
Tools and Installation Equipment (ladder safety, electrical tools, etc.)
Environmental Hazrds
GenerallSpeific Description of
Work
Suildin
List specific building locations (walls, floors, equipment, etc.) requiring protection and the protection to be provided:
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List any designated storage or staging location(s) for tools and other equipment during the construction interval:
(Cages, Raks, Walls, Switching Equipment Lucent 5ESS/Nortei DMS, etc.)
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ATTACHMENT 4
LOCAL NUMBER PORTABILITY
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ATTACHMENT 4- Local Number Portabilty
SECTION 1. Local Number Portabilty (LNP)
1.1 Eltopia agrees to follow the procedures in Frontier's Local Service Provider Guide for the
porting of numbers.
1.2 Terms and Conditions
Frontier will only provide LNP services and facilties where technically feasible, subject to
the availability of facilties, and only from properly equipped central offces.
An LNP telephone number may be assigned by Eltopia only to Eltopia's End Users
located within Frontiet rate center, which is associated with the NXX of the ported number.
Six months after LNP becomes available, Interim Service Provider Number Portabilty
(ISPNP) wil cease to be available and all existing ISPNP arrangements wil terminate.
1.3 Obligations of Parties
Both Parties wil participate in LNP testing in accrdance with North American Numbering
Council (NANG) standards.
Both Parties wil follow recommended National Emergency Number Association (NENA)
standards for LNP until such time the standards are superceded by federal, state, or local legislation.
Eltopia is required to send to Frontier a completed Bona Fide Request Form for LNP
deployment in non LNP capable offces. See Exhibit A.
Eltopia is responsible to coordinate with the local E911 and Public Services Answering
Point (PSAP) coordinators to insure a seamless transfer of End User emergency services.
Eltopia is required to meet all mutually agreed upon testing dates and implementation
schedules. Both Parties wil perform testing as specified in industry guidelines and cooperate in
conducting any additional testing to ensure interoperabilty between networks and systems. Each part
shall inform the other Part of any system updates that may affect the other Part's network and each
Part shall, at the other Part's request perform tests to validate the operation of the network.
Each Part is responsible for the following:
Adhere to all Number Portability Administration Center (NPAG) and North American
Numbering Council (NANG) requirements and in providing its own access to regional NPAC.
For providing its own access to the Service Order Administration (SOA).
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EXHIBIT A
LOCAL NUMBER PORTABILITY (LNP)
BONA FIDE REQUEST (BFR)
DATE: (date ofrequest)
TO: (name of service provider)
(address of service provider)
(contact name /number)
FROM: (requester/service provider name/I D)
(requester/operating company number (OCN))
(requester switch(es)/CLLI)
(authorized by name)
(authorized by title)
(contact name/address/number)
Affdavit attesting requester as authorized agent should accompany request.
SWITCH(ES):
CLLl1 Rate Center
Name2
Rate Center
VC/HC2
NPA-NXX(s)3
All: YorN
All: YorN
All: YarN
All: YorN
All: YorN
Please provide Requestots information below:
EL TOPIAIREQUESTOR:
CLLl1 Rate Center
Name2
Rate Center
VC/HC2
NPA-NXX(s)3
DATES: Requested date switch(es) should be LNP capable:
Requested code opening date:(mm/dd/yy)
(mm/dd/yy)
Notes: See following page.
Acknowledgment of BFR is to be sent to the requester within ten business days.
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EXHIBIT A
LOCAL NUMBER PORTABILITY (LNP)
BONA FIDE REQUEST (BFR)
(Continued)
Notes: 1 List each switch targeted for LNP by its specific CLLI code.
2 Enter associated Rate Center information from LERG, including: Rate
Center Name and Associated V&H Terminating Point Master Coordinates;
Source of the LERG information: Destination Code Record (DRD) Screen.
3 Circle or highlight Y if requesting all eligible NPA-NXX codes in thatspecifc switch to
be opened. Circle or highlight N if only certain NPA NXX codes are being requested.
Then provide list of desired NPA NXX(s).
Note: Targeting of specific NPA-NXX codes should be carefully considered. A
traditionallLEC may serve a single rate center with multiple switches (CLLls and
NXX codes) while Eltopia may serve multiple rate centers with a single switch. In
the latter case, use of a specific NXX code wil determine the rate center.
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ATTACHMENT 4 - LOCAL NUMBER PORTABILITY
EXHIBITB
EXHIBIT B
Acknowledgment of
LNP Bona Fide Request (BFR)
DATE:(date of response)
TO:(requester/Eltopia name/ID)
(contact name/address/number)
requester switch(es)/CLLI)
FROM:(name of service provider)
(address of provider)
(contact name/number)
Switch request(s) accepted:
CLLI Accepted LNP Effective
Date
Modified Effectiveor Date Ineligible NPA-NXXs
(CLLl1)
(CLLl2)
(CLLl3)
(CLLl4)
Switch request(s) denied/reason for denial:
(CLLl1)
(CLLl2)
(CLLl3)
Authorized company representative signature/title:
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ATTACHMENT 5
RESALE OF LOCAL SERVICES
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ATTACHMENT 5- Resale of Local Services
Section 1.DEFINITIONS
1.1 Resale means an activity wherein Eltopia subscribes to the retail telecommunications services of
Frontier and then re-offers and provides those telecommunications services to the public under its own
company name.
SECTION 2. SERVICE TO END USERS
2.1 Telephone numbers associated with Frontier's retail telecommunication services offered for
resale are assigned to the service furnished. Eltopia has no propert right to the telephone number or
any other call number designation associated with services furnished by Frontier, and no right to the
continuance of service through any particular central offce. Frontier reserves the right to change such
numbers, or the central offce designation associated with such numbers, or both, consistent with
telephone number conservation and administrative practices, such as NPA splits, generally prevailng in
the local exchange telecommunications industry.
SECTION 3. FRONTIER'S PROVISION OF SERVICES TO ELTOPIA
3.1. Eltopia agrees that its resale of Frontier services wil be as follows:
3.1.1. Except as specified in Section 3.6 below. The telecommunications services available at a
wholesale discount for resale by Eltopia wil be limited to retail services made available to End
Users and uses conforming to the class of service restrictions in Frontiets Local Exchange
Service Tariff and pursuant to all rules and regulations related to the provision of local exchange
services promulgated by the applicable Commission.
3.1.2. If telephone service is established and it is subsequently determined that the class of
service restriction has been violated, Eltopia will be notified and billng for that service wil be
retroactively changed to the appropriate class of service. Service charges for changes between
class of service, back billng, and interest as described in this subsection wil apply at Frontiets
sole discretion. Interest will apply at the rate of 1.5% per month or 18% annually, or the
maximum allowed by law, whichever is less, compounded daily for the number of days from the
back billing date to and including the date that Eltopia actually makes the payment to Frontier
may be assessed.
3.2. Resold services can only be used in the same manner as specified in Frontiets Tariff. Resold
services are subject to the same terms and conditions as are specified for such services when furnished
to an individual End User of Frontier in the appropriate section of Frontier's Tariff. Specific Tariff features,
e.g., a usage allowance per month, wil not be aggregated across multiple resold services. Resold
services cannot be used to aggregate traffc from more than one End User.
3.3. Eltopia may resell Frontier's services only within the specific Frontiets service area as defined in
Frontier's Tariff.
3.4. A subscriber line charge (SLC) or any federally mandated or state approved charge to End Users
included in Frontier's tariffs wil continue to be paid by Eltopia without discount for each local exchange
line resold under this Agreement.
3.5. Law enforcement agency subpoenas and court orders regarding End Users of Eltopia wil be
directed to Eltopia. Frontier wil bil Eltopia for implementing any requests by law enforcement agencies
regarding Eltopia End Users. Frontier wil cooperate fully with law enforcement agencies with subpoenas
and court orders for assistance with Eltopia's End Users.
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3.6. Eltopia may resell the tariffed retail local exchange services of Frontier subject to the terms and
conditions specifically set forth herein. Notwithstanding the foregoing, the following are not available for
Resale:
a) Calling Card
b) Employee Concessions Services
c) Promotional offers less than 90 days
d) Grandfathered Services
e) lifeline and Link Up Services
f) Inside Wire
g) Installment billng options
h) Enhanced Services, excluding voice mail
i) End User Premise Equipment
j) 911 and E911 Services
k) Interconnection Services
I) Legislatively or Administratively Mandated Specialized Discounts (e.g., educational
institution discounts)
3.7 Eltopia agrees to abide by the terms and conditions of the Local Service Provider Guide, which is
incorporated by reference herein.
Eltopia is liable for all fraud associated with service to its End Users and accounts. Frontier takes no
responsibility, will not investigate, and wil make no adjustments to Eltopia's account in cases of fraud
unless such fraud is the result of intentional misconduct or gross negligence of Frontier.
3.8 Telecommunications services provided directly to Eltopia for its own use and not resold to End
Users must be identified by Eltopia as such, and notwithstanding any available wholesale discount,
Eltopia wil pay retail prices for such services.
SECTION 4. MAINTENANCE OF SERVICES
4.1 Services resold by Frontier wil be maintained by Frontier, up to and including the Network
Interface Device.
4.2 Eltopia or its End Users may not rearrange, move, disconnect, add additional services, remove or
attempt to repair any facilities owned by Frontier, other than by connection or disconnection to any
interface means used.
4.3 Eltopia accepts responsibilty to notify Frontier of situations that may arise, resulting in service
problems.
4.4 Eltopia will be the single point of contact for all repair calls on behalf of Eltopia's End Users.
4.5 Eltopia wil contact the appropriate repair centers in accordance with procedures established by
Frontier.
4.6 For all repair requests, Eltopia accepts responsibility for adhering to Frontier' prescreening
guidelines prior to referring the trouble to Frontier.
4.7 Frontier will bil Eltopia for handling troubles that are found not to be in Frontiet network pursuant
to its standard time and material or dispatch charges as set forth in Frontiet Tariff.
4.8 Frontier reserves the right to contact Eltopia's End User if deemed necessary, for maintenance
purposes in an emergency or as a result of a service call which Eltopia may initiate.
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4.9 Eltopia acknowledges that any chat line services being offered by Eltopia over Frontier's facilities
shall only be provisioned by Frontier on a blockable "NXX" central offce code.
SECTION 5. ESTABLISHMENT OF SERVICE
5.1 When notification is received from Eltopia that a current End User of Frontier wil subscribe to
Eltopia's service, standard service order intervals for the appropriate class of service wil apply.
5.2 When an existing End User of Frontier switches to Eltopia, Eltopia must provide Frontier with the
End User line numbers and applicable feature detail, as set forth in the Local Service Provider Guide.
SECTION 6. DISCONTINUANCE OF SERVICE TO END USER
The procedures for temporarily denying or permanently disconnecting service to an End User are as
follows:
6.1 Frontier wil temporarily deny service to Eltopia's End User on behalf of, and at the request of
Eltopia. Upon restoration of the End User's service, restoral charges wil apply and wil be charged to the
master account of Eltopia.
6.2 All requests by Eltopia for temporary denial, restoration, or permanent disconnection of an End
User for nonpayment must be in writing and must be on, or accompanied by, the appropriate ordering
form. Eltopia is responsible for compliance with regulatory requirements for termination and temporary
disconnection of service to End User(s).
6.3 Eltopia wil be solely responsible for notifying the End User, in advance, of the proposed
temporary denial or permanent disconnection of the service.
6.4 Frontier wil advise Eltopia when it is determined that annoyance calls are originated from one of
their End Usets locations. Frontier wil be indemnified, defended and held harmless by Eltopia and/or
the End User against any claim, loss, or damage arising from providing this information to Eltopia. It is
the responsibility of Eltopia to take the corrective action necessary with its End Users who make
annoying calls. Failure to do so may at Frontier's option result in Frontier disconnecting the End User's
service.
SECTION 7. DISCONTINUANCE OF SERVICE TO ELTOPIA
The procedures for discontinuing service to Eltopia are as follows unless otherwise defined by the
Commission:
7.1 Where Eltopia discontinues its provision of service to all or substantially all of its End Users, the
Eltopia must send advance written notice of such discontinuance to Frontier, comply with any applicable
Commission regulatory requirements and to each of the Eltopia's End Users. Such notice must include a
verification that the Eltopia has notified its End Users of the discontinuance, and must state the date on
which such End User notice was mailed. If the End User fails to make other arrangements within fifteen
(15) days of the date of notice provided by the Eltopia, Frontier wil serve the End User at its retail rates
as if the End User had applied for new service, subject to Frontier's retail connection charges and other
requirements applicable to other new End Users including but not limited to payment of deposits,
advance payments and prior amounts owing to Frontier.
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ATTACHMENT 6
PRICING
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Attachment 6 - PRICING
1.1 RECIPROCAL COMPENSATION
1.1.1 ISP Bound, pursuant to the Section 2.16 in the General Terms and Conditions, and Local
wireline to wireline traffc wil be terminated by the Parties on a Bil and Keep basis.
1.1.2 Transit Serviceper MOU $ 0.0061854/MOU
1.1.3 Wireline to Wireless traffc
or Wireless to Wireline traffc $ 0.011/MOU
1.1.4 Eltopia wil provide accurate Callng Part Number ("CPN") and/or Automatic Number
Identification ("ANI") on at least ninety-five percent (95%) of all traffc delivered to the
POI. Where CPN and/or ANI is not provided, Eltopia agrees to pay the applicable
intrastate terminating access charges for such traffc.
1.2 (Left Blank For Future Use)
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1.3 RESALE
1.3.1 Nonrecurring Charges:
A nonrecurring charge wil apply when converting a Frontier account to a Eltopia account or
when changing an End User from one Eltopia to another.
1.3.2 Basic Residential Line Service and Basic Business Line Service and Public Access Line
Service that is subject to resale will be discounted at12 % from the published rates in the state
local tariff for the rate center where service is being requested.
1.4 Supplemental PON Charges
1.4.1 A supplement is any new iteration of a local service request.
Supplement # 1
Cancel- Indicates that the pending order is to be canceled in its entirety.
Charge -$14.38
Supplement # 2
New desired due date - Indicates that the pending order requires only a change of desired due
date.
Supplement # 3
Other - Any other change to the request.
Supp 2 & 3 Charges are as follows:
Order Type Residence Business Residence Business Residence Business
Resale Resale Porting Porting ULUUNE ULUUNE
Charge Per $11.01 $17.83 $11.01 $17.83 $8.86 $14.34
Number
*Expedite Charge wil be applied ($35.20 per telephone number) for any Portings stopped on the
DD & subseauentlv reaooointed with a new Due Date.
1.5 OTHER MISCELLENEOUS CHARGES
1.5.1 Expedite Charge - Applies on any work requested before the next available due date or
before the standard interval for that service.
The expedite charge is applied for each telephone number being expedited.
NONRECURRING
Residence
Business
$35.20
$35.20
Additional Labor Charges also apply if the work is done after hours or on the weekend.
Eltopia CTC ID ICA final 05 01 11.doc
Version: 7/22/99
Revised: 02101/2007
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Agreement Number: 11-EltopiaCTCID-000
1.5.2 PreferentialNanity Numbers
NONRECURRING
Residence $42.33
Business $84.45
1.5.3 Concurrence Charge
The CLEC is responsible to create subscription versions in the NPAC prior to the 18-hour
window. In the event that the CLEC does not create the subscription version(s) within the
prescribed time frame, the CLEC is responsible to notify Frontier during regular business hours
of the need to concur. Failure to do so may result in a delayed porting. A concurrence charge is
applied for each telephone number needing concurrence.
NONRECURRING
Residence
Business
$11.01
$17.83
Eltopia CTC ID ICA final 05 01 11.doc
Version: 7/22/99
Revised: 02101/2007
Page 5