20130710Application.pdf

July 5, 2013
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, TD 83720-0074
Dear Ms. Jewell:
r\)- lai ,'
?t:li JtiL -9 Pii l?: 35
irJi,i i-. r-rr rY!''_r: ' .a -805 Central Expressway South
Suite 200
Allen, Texas 75013
Phone 972-9O8-4415
Fax [phone]
Email: kimberly.a.douglass @ ftr.com
UC'T'lV'o>
Attached for filing and approval are one original plus three copies of an interconnection
agreement between Citizens Telecommunications Company of Idaho and. Metropolitan
Telecommunications of Idaho, Inc. d/b/a MetTel.
Please call me at [phone] if you have any questions.
Sincerely,
"4* {h,r*7r*''*-"
Kim Douglass
Manager
Compliance - Regulatory Affairs
Enclosures
Agreement Number: 1 3-MetTellD-O0O
AGREEMENT FOR
LOCAL INTERCONNECTION
between
Citizens Telecommunications Company of ldaho
and
Metropolitan Telecommunications of ldaho, !nc. d/b/a "MetTel"
Dated: June 15,2013
Generic Agreement
Version: 0112U2009
Page I
Agreement Number: 1 3-MetTellD-000
AGREEMENT FOR
LOCAL INTERCONNECTION
Table of Contents
SECTION 1. RECITALS AND PRINCIPLES
SECTION 2. GENERAL DEFINITIONS
SECTION 3. DEPOSIT AND ADVANCE PAYMENT REQUIREMENTS
SECTION 4. METTEL ACCOUNT SETUP
SECTION 5. SERVICE TO END USER
SECTION 6. COORDINATION OF TRANSFER OF SERVICE (excluding Resale)
SECTION 7. AUDIT
SECTION 8. DISPUTE RESOLUTION
SECTION 9. FORCE MAJEURE
SECTION 10. REGULATORY APPROVALS
SECTION 11. ENTIREAGREEMENT
SECTION 12. TERM OF AGREEMENT
SECTION 13. INSURANCE
SECTION 14. AMENDMENT OF AGREEMENT
SECTION 15. WAIVERS
SECTION 16. INDEPENDENT CONTRACTORS
SECTION 17. LIMITATION OF LIABILITY
SECTION 18. INDEMNITY
SECTION 19. DISCLAIMER OF WARRANTIES
SECTION 20. ASSIGNMENT
SECTION 21. CONTROLLING LAW
SECTION 22. SEVERABILITY
SECTION 23. NO JOINTVENTURE OR THIRD PARTY BENEFICIARIES
SECTION 24. CHARGESAND PAYMENTS
SECTION 25. DEFAULT
SECTION 26. CONFIDENTIALIry AND PUBLICITY
SECTION 27. NO RIGHTS TO THIRD PARTIES
SECTION 28. HEADINGS
SECTION 29. EXECUTION IN DUPLICATE
SECTION 30. NOTICES
ATTACHMENT 1 - INTERCONNECTION
ATTACHMENT 2 - ANCILLARY SERVICES
ATTACHMENT 3 - INTENTIONALLY LEFT BLANK
ATTACHMENT 4 - LOCAL NUMBER PORTABILITY
ATTACHMENT 5 - INTENTIONALLY LEFT BLANK
ATTACHMENT 6 - RESALE OF LOCAL SERVICES
ATTACHMENT 7 - PRICING
Page
MetTel CTC lD ICA flnal06 17 13.doc
Version: 7122199
Revised O2lO2l2OOg
2
2
4
4
5
5
7
7
7
8I
9
9
10
10
11
11
11
12
12
12
13
13
13
14
15
16
16
18
18
Page 1
Agreement Number: 1 3-MetTellD-0O0
AGREEMENT FOR
LOCAL INTERCONNECTION
This Agreement For Local lnterconnection ("Agreement") made this t 1sth day of June , 2013, is by and
between Citizens Telecommunications Company of ldaho, a Delaware corporation, with a principal place
of business at 180 South Clinton Avenue, Rochester, New York 14646 ("Frontie/') and Metropolitan
Telecommunications of ldaho, lnc., d/b/a "MetTel", a Delaware corporation, having its principal place of
business at 55 Water Street, 31't Floor, New York, NY 10041 ("MetTel"). Frontierlnd MetTel 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 ldaho; and
MetTel is a telecommunications company authorized by the Commission to provide local exchange
telecommunications services in the State of ldaho; and
The Parties have in good faith negotiated, and agreed on local lnterconnection terms and conditions as
set forth below; and
ln consideration of the mutual provisions contained herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, MetTel and Frontier hereby covenant and
agree as follows:
SEGTION 2. GENERAL DEFINITIONS
Except as otherwise specified herein, the following definitions will 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
intraLATA/interLATA tol I 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 lnterconnection.
2.3. Sl_means the Telecommunications Act of 1934, as amended from time to time.
2.4. Automatic Number ldentification (ANl) refers to the number transmitted through the network
identifying the calling party.
2.5. CLLI Codes means Common Language Location ldentifier Codes
2.6 Commission means the governing state regulatory commission, board or authority (PSC, PUC,
etc.).
2.7. Competitive Local Exchanoe 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.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page2
Agreement Number:'1 3-MetTellD-000
2.8. DSI is a digital signal rate of 1.544 Megabits per second ("Mbps").2.9. DS3 is a digitalsignalrate of 44.736 Mbps.
2.10 End User means the ultimate user or consumer cf the telecommunications services being sold or
resold by either Party.
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 facilities, 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.
ln 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 calling area as defined by Citizens tariffs. lf the voice or TDM component does
not both originate and terminate within such local calling area, the traffic 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.
2.14 Exchanoe Messaqe lnterface (EMl) is the standard used for exchange of telecommunications
message information between telecommunications providers for billable, non-billable, sample, settlement
and study data. EMI format is contained in ATIS/OBF-EMl-016, an Alliance of Telecommunications
lndustry Solutions (ATIS) document, which defines industry standards for exchange message records.
2.15 lnterconnection in this Agreement is as defined in the Act.
2.16 lnternet Service Provider (lSP) Bound Traffic means traffic delivered by a local exchange carrier,
indirectly or directly, to a provider of lnternet Services, of which the voice or TDM component both
originates and terminates within the local calling area as defined by Citizens tariffs. lf the voice or TDM
component does not both originate and terminate within such local calling area, the traffic 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 Exchanoe Routinq 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.
218 Local Traffic shall refer to calls originated by one Party's End Users and terminated to the other
Party's End Users within the local exchange area or extended area service toll free calling 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 calling area regardless of the NXX assigned to the calling and
called parties.
2.19 Local Service Provider Guide (the "Guide") means the document provided to MetTel by Frontier,
included by reference herein, which outlines the process and procedures for ordering and maintaining
carrier 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.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page 3
Agreement Number: 1 3-MetTellD-000
2.20 Network lnterface Device (NlD) is a device that connects the inside wire at the End User Location
to a telephone network.
2.21 Point of lnterconnection (POl) means the physical location(s) at which the Parties' networks meet
for the purpose of exchanging Local Traffic.
2.22 Reciprocal Comoensation is as Described in the Act.
2.23 Transit Service is the delivery of certain traffic between MetTel and a third party ILEC, CLEC or
CMRS provider by Frontier over a separate trunk group between MetTel and Frontier where appropriate
trunks exist between MetTel and third party through Frontier's tandem. The following traffic types will be
delivered: (l) Local Traffic originated from MetTel to such third-party and (ii) Local Traffic originated from
such third-party to Frontier's tandem and terminated to MetTel.
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 Traffic The Parties will not pay reciprocal compensation on traffic, including Enhanced
Services traffic, when the traffic does not originate and terminate within the same Frontier Local Calling
Area, regardless of the calling and called NPA-N)Gs and, specifically, regardless of whether an End User
Customer is assigned an NPA-N)fi associated with a rate center that is different from the rate center
where the End User Customer is physically located. This traffic is also known as "VNXX traffic."
Frontier's agreement to the terms in this paragraph is without waiver or prejudice to Frontier's position is
that it has never agreed to exchange VNXX traffic with MetTel.
SECTION 3. DEPOSIT and ADVANCE PAYMENT REQUIREMENTS
3.1 Frontier may, in order to safeguard its interest, require MetTel 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 will be returned with interest, at the
Commission prescribed deposit rate, if and when MetTel pays its undisputed bills on lime for 24
consecutive months.
3.2 Such deposit may not exceed two (2) months' estimated billing.
3.3 The fact that a deposit has been made in no way relieves MetTel 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 billing, history of late payment, or reconnection after disconnection for non-
payment, or a significant probability of a bankruptcy filing by MetTel.
3.5 ln the event that MetTel defaults on its account, service to MetTel will be terminated and any
deposits held will be applied to its account.
SECTION 4. CARRIER ACCOUNT SET UP
4.1 MetTel must provide the appropriate Frontier representative the necessary documentation to
enable Frontier to establish a master account for MetTel. Such documentation will include a completed
Carrier 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
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page 4
Agreement Number: 1 3-MetTellD-000
exemption certificate, if applicable. Frontier will 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.
SECTION 5. SERVICE TO END USER
5.1 MetTel will be the End User of Record for all services purchased from Frontier. Except as
othenryise specified herein, Frontier will only take orders from, bill and expect payment from MetTel for all
services. MetTel will be Frontier's single point of contact for all services purchased pursuant to this
Agreement.
5.2 Frontier will 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 Frontier's
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 MetTel.
5.4 Service is furnished subject to the condition that it will not be used for any unlawful purpose.
Frontier may refuse to provide service to MetTel when it has reasonable grounds to believe that service
will be used in violation of the law.
5.5 Service will be discontinued by Frontier if any law enforcement agency advises that the service is
being used in violation of the law.
5.6 Frontier may refuse to provide service to MetTel when it has reasonable grounds to believe that
service willjeopardize the reliability or efficiency of Frontier's network or interferes with or prevents other
persons from using their service, or otherwise impairs the quality of service to other MetTels or to End
Users.
5.7 MetTel will be the single point of contact with Frontier for all subsequent ordering activity resulting
in additions or changes to services except that Frontier will accept a request directly from the End User
for conversion of the End User's service from MetTel to Frontier or will accept a request from another
MetTel for conversion of the End User's service from the MetTel to the other MetTel.
SECTION 6. COORDINATION OF TRANSFER OF SERVICE (EXCLUD!NG 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 Party ro the other Party, it is necessary for the Parties
to coordinate the timing for disconnection from one Party and connection with the other Party so that
transferring End Users are not without service for any extended period of time. Other coordinated
activities associated with transfer of service will 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 efficient transfer of service procedures that utilize 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 implernentation of the cooperative
coordination of transfer of service activities described herein. lf any provision contained in this
Agreement and the Guide cannot be reasonably construed or interpreted to avoid conflict, the provision
contained in this Agreement shallapply.
MetTel CTC lD ICA final 06 '17 13.doc
Version: 7122199
Revised 0210212009
Page 5
Agreement Number: 1 3-MetTellD-000
6.3 Coordinated Transfer of Service Activities. There will be no premium charges between the
Parties or compensation provided by one Party to the other Party 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
charge MetTel 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 Party is responsible for obtaining a Letter of Authorization (LOA)
from each End User initiating transfer of service from one Party to the other Party if necessary. The Party
obtaining the LOA from the End User will furnish it to the other Party upon request. The Party obtaining
the LOA is required to maintain the original document, for a minimum of twenty-four (24) months from the
date of signature. lf there is a conflict between an End User and MetTel regarding the disconnection or
provision of services, Frontier will honor the latest dated Letter of Authorization. lf the End User's service
has not been disconnected and services have not yet been established, MetTel will be responsible to pay
the applicable service order charge for any order it has placed. lf the End User's service has been
disconnected and the End User's service is to be restored with Frontier, MetTel 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 Party to the
other Party and the End User does not retain his or her original telephone number, the Party formerly
providing service to the End User will provide a transfer of service announcement, where transfer of
service announcement capability is available, on the vacated telephone number. This announcement will
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 Party 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
Chanqe of Number. When an End User changes service from one Party to the other Party and the End
User does not retain his or her original telephone number, the Party from which the End User is
transferring will honor requests for disconnection and service announcement initiation, where available,
from the Party to which the End User is transferring. The Party to which the End User is transferring
service will provide to the other Party the End User's name, address, current telephone number, new
telephone number, and date service should be transferred using the industry standard LSR format. The
Party from which the End User is transferring will coordinate with the other Party the disconnection and
service announcement initiation to coincide with the service transfer request date. The service
announcement where available will be provided on the vacant number upon disconnect coinciding with
the service transfer date. The Parties agree that the installation date will precede the disconnection date.
6.7 Disconnect and Coordination of Number Portabilitv for Service Transfers without Chanoe of
Number. When an End User changes service from one Party to the other Party and the End User retains
his or her original telephone number(s), the Party from which the End User is transferring will honor
requests for disconnection and local number portability, where available, from the Party to which the End
User is transferring. The Party to which the End User is transferring will provide the other Party 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 portability activities in accordance with the
North American Numbering Council (NANC) flows.
6.8 Combined Transfer of Service Requests. Each Party will accept transfer of service requests from
the other Party for one End User that includes multiple requests for transfers where the End User will
retain one or more telephone numbers.
6.9 Bulk Requests for Transfer of Service. From time to time, either Party may benefit from the
transfer of service for groups. The Parties agree to process bulk transfer of service requests for End
Users having the same billing account number.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page 6
Agreement Number: 1 3-MetTellD-OO0
6.10 Access to the Network lnterface Device (NlD). Each Party will allow the other Party access to the
End User side of the NID consistent with FCC rules. The Party to which the End User is transferring
service may move all inside wire from the other Party'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 NlD, the Party 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 NlD. Where a NID is of an older type not
allowing access to the End User side of the NlD, the Party to which the End User is transferring service
must make a clean cut of the inside wire at the closest point to the NlD.
6.11 Expedited Order Charqe. Expedited order requests will be accepted where reasonable and
practical but will be assessed an expedited order charge. The expedited order charges are listed in
Attachment 7, Pricing.
6.12 Service Date Modifications/ MetTel Not Readv. MetTel may request a change in due date at least
24 hours prior to the originally scheduled due date. Supplemental charges will 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. lf the new service date is
changed to an earlier date, than expedited order charges will apply. lf the request for modification to the
service date occurs within twenty-four (24) hours of the scheduled due date, MetTel will be subject to
charges for work and labor-related expenses already completed. lf the due date change is requested
due to a class of service change, additional and/or alternate workforce may be required and associated
charges will apply. These charges will apply on a per occurrence basis.
SEGTION 7. AUDIT
7.1 Subject to the terms and conditions of this Section, and the reasonable security requirements of
each Party and except as may be otherwise specifically provided in this Agreement, each Party (the
"Auditing Party") may audit the other Party's (the'Audited Party") books, records and other documents
that relate solely to the Parties' billing to the other Party under this Agreement and to the identification of
traffic subject to this Agreement, once each year at the conclusion of each calendar year, in order
evaluate the accuracy of such other Party's billing 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 thirty (30) days after notice thereof to such other Party.
7.2 Each Audited Party shall use reasonable efforts to promptly correct any billing error that is
revealed in an audit, including reimbursing any overpayment in the form of a credit to the Auditing Party
on the invoice for the first full billing 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 Party 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 bills.
7.4 Each Auditing Party may perform a single additional audit of the Audited Party'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 Party having an aggregate value of no less than five percent
(5%) of the total amount payable by the Auditing Pafi during the period covered by the audit.
7.5 All audits shall be conducted at the sole cost and expense of the Auditing Party.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page 7
Agreement Number: 1 3-MetTellD-000
7.6 Upon (i) the discovery by either Party of the overcharges not previously reimbursed to the other
Party or (ii) the resolution of disputed audits, each Party shall promptly reimburse to the Party thereto the
amount of any overpayment together with interest thereon at a rate of 0.5% per month.
SECTION 8. DISPUTE RESOLUTION
The Parties agree that in the event of a default or any other dispute arising hereunder or in connection
herewith, the aggrieved Party shall first discuss the default or dispute with the other Party 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 party. ln the event that the Parties
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. lf mediation is
unsuccessful, recourse may be had by either Party 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
Party shall bear the cost of preparing and presenting its case through all phases of the dispute resolution
procedure herein described.
SECTION 9. FORCE MAJEURE
lf 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 difficulties, 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 Party affected;
then the Party affected, upon giving notice to the other Party, will be excused from such performance on
a day-for-day basis to the extent of such prevention, restriction, or interference (and the other Party will
likewise be excused from performance of its obligations on a performance so prevented, restricted or
interfered with); provided that the Party 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. REGULATORYAPPROVALS
10.1 This Agreement, and any amendment or modification hereof, will be submitted to the Commission
for approval in accordance with Section 252 of the Act. ln 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 ln 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 piomptly and in good faith in order to amend the
Agreement to substitute contract provisions which are consistent with such rules, regulations or orders.
ln the event the Parties cannot agree on an amendment within thirty (30) days from the date any such
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page 8
Agreement Number: 1 3-MetTellD-000
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
the interpretation or effect of these rules or orders or an admission by either party 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 lnterconnection 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
Party will 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 forth in
writing and executed by a duly authorized officer or representative of the Party to be bound thereby.
SEGTION 12. TERM OF AGREEMENT
12.1 This Agreement will become effective upon the first business day following the date this
Agreement has been approved by the Commission and will continue for a period of one (1) year unless
terminated earlier under the conditions set forth herein. This Agreement will be automatically renewed for
successive periods of six (6) months after the initial term unless either Party provides the other Party 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 Party, its desire to renegotiate at the end of the initial or any
successive period. lf MetTel does not respond to Frontier's 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 Party may send a request to renegotiate this Agreement upon its
termination and the Parties intend that the negotiation and arbitration processes of the Act will be
applicable to such a request. The date of the notice to negotiate a successor agreement will be the
starting point for the negotiation window under Section 252 of the Act. The Parties intend that a
renegotiated or arbitrated Agreement will be effective as of the date of termination of this Agreement and
any new negotiated or arbitrated rates will be subject to true-up as of the termination date of this
Agreement.
12.2 Upon termination or expiration of this Agreement each Party shall promptly pay all amounts
(including any late payment charges) owed under this Agreement.
12.3 Termination upon Ordering and lmplementation lnactivity. Notwithstanding anything to the
contrary contained herein, Frontier may terminate this Agreement in the event MetTel 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 MetTel customers within one (1) year from the Effective Date of this Agreement.
SEGTTON 1 3. INS.IIRANCE
13.1 MetTel will carry or cause to be carried the following insurance coverage which will be paid for and
maintained at all times during the term of this Agreement. Such coverage will 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 Liability lnsurance with a minimum limit of liability of $2,000,000.00
combined single limit for each occurrence for bodily injury including death, and property damage.
MetTel CTC lD ICA final 06 17 13,doc
Version: 7122199
Revised 0210212009
Page 9
Agreement Number: 1 3-MetTellD-000
Such coverage under the Contractual Liability section will be broad enough to cover the terms
and conditions of the lndemnification clause included with this Agreement. Coverage for
explosion collapse and underground ("x, c, u") will be included.
(ii) Business Automobile Liability lnsurance with a minimum limit of liability of $2,000,000.00
combined single limit for each occurrence for bodily injury, including death, and property damage,
covering any automobile used and or operated by, or on behalf of the MetTel on Frontier's Real
Property.
(iii) Workers Compensation lnsurance with statutory limits and Employer's Liability lnsurance with
limits of $500,000 each accident, $500,000 disease - each employee, $500,000 disease - policy
limit.
(iv) Excess Liability lnsurance 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 Liability and Employer's Liability lnsurances.
(v) Property lnsurance in an amount sufficient to cover the cost of replacing MetTel's Equipment
on Frontier's property or located at or used at Frontier's facility. Such insurance policy will provide
that the insurance company will 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 will give the Licensor at least
thirty (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 MetTel's facilities remain within any spaces governed by this Agreement. lf MetTel fails to
maintain the coverage, Frontier may pay the premiums thereon and MetTel shall reimburse
Frontier for such payments.
(viii) MetTel 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.
MetTel shall arrange for Frontier to receive thirty (30) days advance notice of cancellation from its
insurance companies.
(ix) Failure to comply with the provisions of this Section will be deemed a material breach of this
Agreement.
SECTION 14. AMENDMENT OF AGREEMENT
No provision of this Agreement shall be deemed waived, amended or modified by either Party unless
such a waiver, amendment or modification is in writing, dated, and signed by both Parties.
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 Party against whom such waiver or consent is claimed.
15.2 No course of dealing or failure of any Party to strictly enforce any term, right, or condition of this
Agreement in any instance shall be construed as a general waiver or relinquishment of such term, right or
condition.
MetTel CTC lD ICA final06 17 13.doc
Version: 7122199
Revised 0210212009
Page l0
Agreement Number: 1 3-MetTellD-000
15.3 Waiver by either Party of any default by the other Party shall not be deemed a waiver of any other
default.
SECTION 16. INDEPENDENTCONTRACTORS
Each Party agrees that it will perform its obligations hereunder as an independent contractor and not as the
agent, employee, or servant of the other Party. Neither Party nor any personnel furnished by such Party will
be deemed an employee or agent of the other Party nor be entitled to any benefits available under any plans
for such other Party's employees. Each Party will at all times during the term of this Agreement retain full
control of the employment, direction, compensation and discharge of all employees as is consistent with and
necessary to preserve its independent contractor status. Each Party will be solely responsible for all matters
relating to payment of its employees including compliance with social security taxes, withholding taxes,
worker's compensation, disability and unemployment insurance, and all other regulations governing such
matters.
SECTION 17. LIMITATION OF LIABILITY
17.1 Each Party's liability to the other Party 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 Party by such breaching Party for the service(s) or function(s) not
performed or improperly performed.
17.2 EXCEPTAS OTHERWISE PROVIDED IN SECTION 17.1, NEITHER PARTY WILL BE LIABLI
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 REASONABLEATTORNEY'S FEES,
RELATING TO OR ARISING OUT OF ANY ORDINARY NEGLIGENT ACT OR OMISSION BY A PARTY. IN
NO EVENTWILL 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 LIABILIry, 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 Party, its parents, subsidiaries, affiliates, 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 failing to provide
services or facilities (including the obtaining or furnishing of information with respect thereof or with
respect to users of the services or facilities) in the absence of gross negligence or willful misconduct.
SECTION 18. INDEMNITY
18.1 Each Party will defend, indemnify, and hold harmless the other Party 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 property
resulting from the sole negligence and/or sole willful misconduct of that Party, its employees or agents in
the performance of this Agreement. Each Party will defend the other at the other's request against any
such liability, claim, or demand. Each Party will notify the other promptly of written claims or demands
against such Party of which the other Party is solely responsible hereunder.
18.2 Each Party will defend, indemnify, and hold harmless the other Party and/or acquire any license
or right for the benefit of the other Party, arising from any claim, demand or proceeding (hereinafter
"Claim") by any third party alleging or asserting that the use of any circuit, apparatus, or system, or other
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page 1 I
Agreement Number: 1 3-MetTellD-000
facilities, or the use of any software, or the performance of any service or method, or the provision or use
of any facilities by either Frontiers or MetTel 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 property right of any third party. Each Party's indemnification obligation will be
to the extent of infringement by the indemnifying Party
18.3 The indemnified Party will notifo the indemnifying Party promptly in writing of any claims,
lawsuits, or demands by third Parties for which the indemnified Party alleges that the indemnifying Party
is responsible under this Section and if requested by the indemnifying Party, shall tender the defense of
such claim, lawsuit or demand.
(1) ln the event the indemnifying Party does not promptly assume or diligently pursue the
defense of the tendered action, then the indemnified Party may proceed to defend or
settle said action and the indemnifying Party shall hold harmless the indemnified Party
from any loss, cost, liability, damage and expense.
(2) ln the event the Party otherwise entitled to indemnification from the other elects to
decline such indemnification, then the Party making such an election may, at its own
expense, assume defense and settlement of the claim, lawsuit or demand.
(3) The Parties will 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 MetTel arising out of or in connection with services provided to the
End User Customer by MetTel, MetTel shall defend and indemnify Frontier and its officers, directors,
employees and agents against any and all such claims or loss by MetTel's End User Customers.
SECTION 19. DISCLAIMER OF WARRANTIES
19.1 NOTWTTHSTANDING ANY OTHER PROVTSTON OF TH|S AGREEMENT (TNCLUDTNG
wlTHouT LIMITATION THE PARTTES', RESPECTIVE INDEMNTF|CAT|ON OBLTGATTONS), THE
PARTIES AGREE THAT FRONTIER HAS NOT MADE, AND THAT THERE EXISTS, NO WARRANry,
EXPRESS OR IMPLIED, THAT THE USE BY METTEL 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 lt is the express intent of the Parties that each Party 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 Party to any non-affiliated entity or to any afflliated entity that is
not certificated as a local exchange MetTel 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 Party shall be void. A Party
assigning or delegating this Agreement or any right, obligation, duty or other interest hereunder to an
affiliate that is certificated as a local exchange MetTel shall provide written notice to the other Party. All
obligations and duties of any Party under this Agreement shall be binding on all successors in interest
and assigns of such Party. No assignment or delegation hereof shall relieve the assignor of its
obligations under this Agreement.
SECTION 21. CONTROLLING LAW
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised O2lO2l2O09
Page 12
Agreement Number: 1 3-MetTellD-000
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
aspect of this Agreement, in which case the domestic laws of the state, without regard to its conflicts of
laws principles, shall govern.
SECTION22. 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. ln all other respects
this Agreement will stand as if such invalid provision had not been a part thereof, and the remainder of
the Agreement shall remain in full force and effect.
sEcTroN 23.
23.1 Nothing herein contained shall be construed as creating a partnership or joint venture by or between
the Parties.
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 Party to this Agreement with any remedy, claim,
liability, reimbursement, claim of action, or other right in excess of those existing by reference in this
Agreement.
SECTION 24. CHARGES AND PAYMENTS
241 ln consideration of the services provided by Frontier under this Agreement, MetTel shall pay the
charges set forth in this Agreement and in applicable tariffs. ln consideration of the services provided by
MetTel under this Agreement, Frontier shall pay the charges set forth in this Agreement. lnvoices with
charges set forth in this Agreement and in applicable tariffs shall be sent to:
TO METTEL
Metropolitan Telecommunications d/b/a MetTel
55 Water St., 31st Floor
New York, NY 10041
Attention : Vendor Billing
TO FRONTIER:
Frontier Communications
Attention: Access Billing
P.O. Box 92713
Rochester, NY 14692
24.2 A monthly billing statement with a consistent, regular bill date shall be prepared by each Party
and will reflect the calculation for amounts due under this Agreement. All bills dated as set forth above
will be due thirty (30) days after the bill date or by the next bill date (i.e., the same date in the following
month as the bill date), whichever is the shortest interval, except as provided herein, and are payable in
immediately available funds. lf such payment date would cause payment to be due on a Saturday,
Sunday or Legal Holiday, payment for such bills will be due on the last business day preceding the
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page 13
Agreement Number: 1 3-MetTellD-000
Saturday, Sunday or Legal Holiday. When a bill has been delayed, the due date will be extended by the
number of days the bill was delayed, upon request of the i'eceiving Party.
24.3 Billing: The Parties agree that disputed and undisputed amounts due under this Agreement shall
be handled as follows:
24.3.1 lf any portion of an amount due to a Party (the "Billing Party") under this
Agreement is subject to a bona fide dispute between the Parties, the Party billed (the Billed Party)
shall within thirty (30) days of its receipt of the invoice containing such a disputed amount give
written notice to the Billing Party of the amount it disputes ("Disputed Amounts") and include in
such notice the specific details and reasons for disputing each item. The Billed Party shall pay
when due all undisputed amounts to the Billing Party, and shall include a copy of the dispute with
the payment of the undisputed amount.
24.3.2|n the event that a billing dispute is resolved in favor of the Billed Party, any payment of
the disputed amount withheld pending settlement of the dispute shall not be subject to the late
payment penalty.
24.3.31n the event that a billing dispute is resolved in favor of the Billing Party, any payments
withheld pending settlement of the dispute will 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. lf any
payment or portion thereof is either received by the Billing Party in funds that are not immediately
available to the Billing Party or not received by the bill due date, a late payment penalty shall be
due to the Billing Party. 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 ln the event of breach of any material provision of this Agreement by either Party, the non
breaching Party shall give the other Party written notice thereof, and:
25.1.1 lf such material breach is for non-payment of amounts due hereunder, the breaching
Party shall cure such breach within ten (10)days of receiving such notice. The non-breaching
Party 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 Party shall withhold or set off undisputed
amounts.
ln addition, if such material breach is for non-payment of amounts due hereunder and
such amounts have not been disputed, the non-breaching Party 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 thirty (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.
MetTel CTC lD ICA final 06 17 'l3.doc
Version: 7122199
Revised 0210212009
Page 14
Agreement Number: 1 3-MetTellD-000
25.1.2 lf the non-breaching Party does not refuse additional applications for additional services,
and the non-payment continues, nothing contained herein shall preclude the non-breaching Party
from refusing additional applications for services without further notice. lf the non-breaching
Party discontinues provision of the additional services, all applicable charges, including
termination charges, shall become due. lf the non-breaching Party does not discontinue the
provision of services on the date specified in the thirty (30) days notice, and the nonpayment
continues, nothing contained herein shall preclude the non-breaching Party 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, MetTel, so long as MetTel or any such entity is indebted to Frontier for services previously
furnished, until the indebtedness is satisfied. ln the event that services are provided to MetTel or
an entity that owns or is substantially owned, directly or indirectly, by or is under common control
with, MetTel, such services may be terminated by Frontier unless MetTel satisfies the
indebtedness owing to Frontier within thirty (30) days after written notification. Such notification
shall be made by certified U. S. mailto the person designated by MetTelto receive such notices.
25.1.4 lf 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 Party is otheruvise in violation
of the law, the non-breaching Party shall give notice of the breach and the breaching Party shall
cure such breach within sixty (60) days of such notice, and if breaching Party does not, the non-
breaching Party may, at its sole option, terminate this Agreement. The non-breaching Party shall
be entitled to pursue all available legal and equitable remedies for such breach.
SECTION 26. CONF!DENTIALITY AND PUBLICITY
26.1 All proprietary or confidential information ("Proprietary lnformation") disclosed by either Party
during the negotiations and the term of this Agreement will be protected by both Parties in accordance
with the terms provided herein.
26.2 As used in this Agreement, the term "Proprietary lnformation" will mean written, recorded,
machine readable or other information provided in tangible form to one Party by the other Party regarding
the above referenced subject matter and which is marked proprietary or confidential with the appropriate
owner corporation name, e.9., "Frontier Proprietary". lnformation disclosed orally will not be considered
proprietary unless such information is reduced to writing by the disclosing Pdrty and a copy is delivered to
the other Party within thirty (30) business days after such oral disclosure. The writing will also state the
place, date and person(s) to whom disclosure was made.
26.3 Each Party agrees that it will not disclose any Proprietary lnformation of the other Party in whole
or in part, including derivations, to any third party 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 Party will be liable for inadvertent or accidental disclosure of
Proprietary lnformation of the other Party provided that:
26.3.1 each Parg uses at least the same degree of care in safeguarding such Proprietary
lnformation as it uses for its own proprietary information of like importance, and such degree of
care will be reasonably calculated to prevent such inadvertent disclosure;
26.3.2 it limits access to such Proprietary lnformation to its employees and agents who are
directly involved in the consideration of the Proprietary lnformation and informs its employees and
agents who have access to such Proprietary lnformation of its duty not to disclose; and
MetTel CTC lD ICA final06 17 13.doc
Version: 7122199
Revised 0210212009
Page 15
Agreement Number; 1 3-MetTellD-000
26.3.3 upon discovery of any such inadvertent disclosure of Proprietary lnformation, it will
endeavor to prevent any further inadvertent disclosure.
26.4 lnformation will not be deemed proprietary and the receiving Party will 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 Party; or
26.4.2 was known by the receiving Party or by any other affiliate or subsidiary of the receiving
Party prior to disclosure, or is at any time developed by the receiving Party independently of any
such disclosure; or
26.4.3 was disclosed to the receiving Party by a third party who was free of obligations of
confidentiality to the disclosing Party; or
26.4.4 is disclosed or used by the receiving Party, 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 Party; 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 party by the disclosing Party without a similar restriction on the third
party's rights.
26.5 Since either Party 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 lnformation to one Party by the other Party will not
obligate either Party to enter into any further agreement or negotiation with the other.
26.6 Nothing contained in this Agreement will be construed as granting to one Party 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 Party.
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 will publish or use the other Party's name,
language, pictures, or symbols from which the other Party'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 will not provide any third party, including, but not limited to any End User of MetTel, with any
remedy, claim, liability, 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 will not be construed to define or limit any of the
terms herein or affect the meanings or interpretation of this Agreement.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page 16
Agreement Number: 1 3-MetTellD-OO0
SECTION 29. EXECUTION IN DUPLICATE
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 othenvise 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 METTEL:
MetTel
Attn: Andoni Economou, EVP/COO
55 Water St., 31't Floor
New York, NY 10041
Telephone No. [phone]
Email: [e-mail]
With copy to:
MetTel
Attn: Joesph Farano, Corporate Counsel
55 Water St., 31't Floor
New York, NY 10041
Telephone No. [phone]
Email: [e-mail]
TO FRONTIER:
Frontier Communications
Attn: Director, Business Operations - MetTel Services
180 South Clinton Avenue
Rochester, NY 14646
Telephone No. [phone]
AND
Frontier Communications
Attn: Associate General Counsel - lnterconnection
lgoo 41st
Everett, WA 98201
lf personal delivery is selected to give notice, a receipt of such delivery shall be obtained. The address to
which notices or communications may be given to either Party may be changed by written notice given by
such Party to the other pursuant to this Section.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page 17
Agreement Number: I 3-SietTellD-0@
The Parties have caused this Local lnterconnection Agreement lo be executed on their behalf on the
dates set forth below.
Metropolitan Telecommunications of ldaho, lnc. Ciiizens Telecommunications Company of
d/b/a ,.MetTel" ldaho
,,, l€{}.,.
Typed: Andoni Economou Slenhan LeVan
Tifle: EVPICOO Title: SVP Canier Sales & Service ..
ort", . & tQtta Dan,: 6-z<-11
MelTel CTC lD ICA find 06 17 13.doc
Versioo: 7n219F
Revised OZNZAO0S
Page 18
Agreement Number: 1 3-MetTellD-000
ATTAGHMENT 1
!NTERCONNECTION
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised: 0210112007
Agreement Number: 1 3-MetTellD-0OO
ATTACHMENT 1 - INTERCONNECTION
ATTAGHMENT 1 - INTERCONNECTION
The Parties hereto, agree to interconnect their facilities and networks for the transport of Local Traffic as
follows:
SECTION 1. lnterconnectionTrunkinqArrangements
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 Party with the
written consent of the other Party, which consent will not be unreasonably withheld. MetTel will agree to
establish each POI at a technically feasible point on Frontier's network. ln order to establish direct
lnterconnection, a POI is required at one or more of the following locations:
a) POI at the Frontier local tandem switch where available which will provide
lnterconnection to Frontier End Users served by subtending host and remote offices.
b) POI at the Frontier Host Office switch, which will provide lnterconnection to Frontier's
End Users' served by that host office and subtending remote offices.
1.2 ln order for MetTel to establish a POl, a request will need to be submitted using the POI Request
Form located at www.frontier.com
1.3 Each Party will be responsible for the engineering and construction of its own network facilities on
its side of the POl, however, should Frontier be required to modify its network to accommodate the
lnterconnection request made by MetTel, MetTel agrees to pay Frontier reasonable charges for such
modifications. lf MetTel uses a third party network to reach the POl, MetTel will bear all third party MetTel
charges for facilities and traffic in both directions on its side of the POl.\
1.3.1 All interconnection facilities ordered from Frontier, will be billed in accordance with
Frontier's lntrastate Special Access Tariff.
1.4 MetTel will be responsible for establishing separate trunk groups for:
1.4.1 lntraLATA Trunk Group Local Traffic- allows access to all codes which subtend the
interconnected Frontier tandem. including ISP Bound Traffic and locally-dialed Enhanced
Services traffic.
1.4.2 lnterLATA Trunk Group- Access Services to enables lnterexchange Carriers to originate
and terminate traffic from/to Carrier or for Carrier and Frontier to exchange traffic that is not
served by the Frontier tandem the Carrier is interconnected to. other than Local Traffic.
1 .4.2.1 For all FGD and un-queried 8YY traffic, the carrier agrees to provide Frontier with
applicable meet point billing records.
1.4.5 Connecting MetTel's switch to the applicable E911 routers. lf MetTel purchases such
services from Frontier, they will be provided at full applicable tariff rates. For all 911/E911 traffic
originating from MetTel, it is the responsibility of MetTel and the appropriate state or local public
safety answering agency to negotiate the manner in which 911/E911 traffic from MetTel will be
processed.
1.5 The Parties mutually agree that all lnterconnection facilities will 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 lnterconnections will be in conformance with all generally accepted
industry standards with regard to facilities, equipment, and services.
MetTelCTC lD ICA final 06 '17 13.doc
Version: 7122199
Revised: 0210212009
Agreement Number: 1 3-MetTellD-000
1.6 Interconnection will be provided via two-way trunks. The only compensation or other
responsibility for payment for terminating traffic 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
network and/or Switched Access charges where MetTel is acting as an lnterexchange MetTel. The
mutually agreed upon technical and operational interfaces, procedures, grade of service and
performance standards for lnterconnection between the Parties will conform with all generally accepted
industry standards with regard to facilities, equipment, and services. All lnterconnection facilities and
trunking will be ordered using industry standard ASR as referenced in Frontier's Local Service Provider
Guide.
1.7 MetTel will not expect Frontier's local end office switches to act as a tandem on the MetTel's
behalf nor will Frontier expect the MetTel's local end office switches to act as a tandem on Frontier's
behalf.
1.8 This Agreement is applicable only to Frontier's serving areas. Frontier will not be responsible for
lnterconnections or contracts relating to any MetTel's lnterconnection with any other service provider or
telecommunications MetTel.
'1.9 lf MetTel 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 MetTel
chooses to indirectly interconnect by using the tandem switching facilities of a third party, Frontier will
have no obligation to route and rate traffic to MetTel's NPA-NXX as an EAS call or pursuant to an
optional calling plan unless MetTel has established a trunking and transiting arrangement for this traffic
with Frontier and the other telecommunications MetTel(s) utilizing the trunk and providing transiting
service for the traffic.
1.10 lf a MetTel End User customer ports a number from MetTel to another MetTel and Frontier routes
a call to that ported number to MetTel, MetTel will route the call to the new MetTel and may assess
Frontier a charge not to exceed Frontier's 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 lnterconnection trunk groups as defined in Telcordia GR-246 "Bell
Communications Research Specification of Signaling Systems 7 (SS7) and GR-905, "Common
Channel Signaling Network lnterface Specification (CCSNIS) Supporting lnterconnection,
Message Transfer Part (MTP), and lntegrated Services Digital Network (ISDN) User Part (ISUP)
"including ISDN User Part ("lSUP") for trunk signaling and Transaction Capabilities Application
Part ("TCAP") for CCS-based features in the lnterconnection of their networks. For glare
resolution, Frontier will have priority on odd trunk group member circuit identification codes, and
MetTel will have priority on even trunk group member circult identification codes, unless
otherwise mutually agreed.
SECTION 2. Testinq and Trouble Resoonsibilities
The Parties agree to:
2.1 Cooperatively plan and implement coordinated repair procedures for the local lnterconnection
trunks and facilities 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.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised O2lO2l20Og
Page 2l
Agreement Number: 1 3-MetTellD-000
2.3 Promptly notify each other when there is any change affecting the service requested, including
the date service is to be started.
2.4 Coordinate and schedule testing activities of their own personnel, and others as applicable, to
ensure its lnterconnection trunks/trunk groups are installed per the lnterconnection order, meet agreed
upon acceptance test requirements, and are placed in service by the due date.
2.5 Perform sectionalization to determine if a trouble condition is located in its facility or its portion of
the lnterconnection 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
day/7 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
Party upon reasonable notice.
2.8 A maintenance service charge applies whenever either Party requests the dispatch of the other
Party's personnel for the purpose of performing maintenance activity on the lnterconnection trunks, and
any of the following conditions exist:
2.8.1 No trouble is found in the lnterconnection trunks; or
2.8.2 The trouble condition results from equipment, facilities or systems not provided by the
Party whose personnel were dispatched; or
2.8.3 Trouble clearance did not otherwise require a dispatch, and upon dispatch requested for
repair verification, the lnterconnection trunk does not exceed maintenance limits.
2.8.4 lf a maintenance service charge has been applied and trouble is subsequently found in
the facilities of the Party whose personnel were dispatched, the charge will be canceled.
2.8.5 Billing for maintenance service is based on Frontier's respective tariff.
SECTION3. lnterconnection Forecastinq.
3.1 Semi-annually MetTel will provide Frontier a one (1) year forecast for expected trunk utilization.
Orders for trunks that exceed forecasted quantities for forecasted locations will 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 traffic patterns, or other activities that are reflected by a
significant increase or decrease in trunking demand for the following forecast period.
3.3 lf 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 Party may issue an order to resize the trunk group, which
will be left with not less than 25 percent excess capacity. The grade of service for all final facilities
between Frontier's central office and MetTel's will be engineered to achieve P.01 grade of service.
SECTION 4. Reciprocal Gompensation for the Transport and Termination of lnterchanqed
Traffic.
4.1 The Parties agree to exchange local traffic on a bill and keep basis. ln addition, the Parties agree
MetTel CTC lD ICA final 06 17 13.doc PageZZ
Version: 7122199
Revised 0210212009
Agreement Number: 1 3-MetTellD-00O
to exchange ISP Bound Traffic on a bill and keep basis between the Parties such that neither Party owes
the other Party any compensation for the origination, transport or termination of such traffic. The
preceding sentence applies only to the exchange of traffic between these Parties and a separate
determination of what ISP Bound Traffic was exchanged between Frontier and any other party adopting
this Agreement under 47 U.S.C. S 252(i) shall be required in order to determine the appropriate
compensation of ISP-Bound Traffic between Frontier and any such other party.
4.1.1 Neither Party expects to terminate material amounts of Local Traffic to the other Party,
and to the extent the Parties terminate Local Traffic they expect the volume of Local Traffic each
Party terminates to be comparable, thereby justifying the use of combined trunks for Local Traffic
and ISP Bound Traffic underAttachment 1, Section 1.4. As such itwill not be possibleto identify
Local Traffic and the Parties will reciprocally compensate each other using bill and keep.
4.2 The Parties will exchange Enhanced Services traffic other than ISP-Bound Traffic on a bill and
keep basis.
4.2.1 The fact that ISP Bound Traffic and de minimus amounts of Local Traffic are
compensated for on a bill and keep basis shall not change the compensation set forth in this
Agreement for any other traffic or services, including but not limited to facilities for lnterconnection
under Section 1 of this Attachment 1, Access Services traffic, wireless traffic, and Transit Service
traffic.
4.3 VolP Traffic. VolP Traffic exchanged pursuant to this Agreement will be governed by the default
provisions of USF/ICC Transformation Order FCC 11-161 (rel. November 18, 2011) as such order may
be revised, reconsidered, modified or changed in the future. When such revisions, reconsiderations,
modifications or changes are effective, such provisions shall be automatically incorporated into this
Agreement. For clarity, and subject to any future revisions, reconsiderations, modifications or changes in
lhe USF/ICC Transformation Order, interexchange VolP-originated traffic terminated to either Party is
subject to interstate access charges, and local VolP-originated traffic terminated to either Party is subject
to the reciprocal compensation provisions of this Agreement. The Parties agree access charges will
comply with all FCC mirroring and default phase-down requirements.
4.4 All other Traffic, regardless of the protocols used in connection with such traffic, other than ISP
Bound Traffic, Local Traffic, Enhanced Services traffic, 9'11 traffic, VolP Trafflc and Transit Service traffic,
shall be terminated to a Party subject to that Party's tariffed access charges.
SECTION 5. Transit Service
5.1 MetTel shall compensate Frontier for Transit Service as follows:
MetTel shall pay Frontier a Transit Service charge as set forth in Attachment 7, Pricing for Transit Service
originated by MetTel to any third party MetTel, or terminated to MetTel from a third-party lncumbent Local
Exchange MetTel.
5.1.1 Each Party acknowledges that Frontier does not have any responsibility to pay any
charges for termination of any transit traffic originating from a non-Party's network.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page 23
ATTACHMENT 2
ANGILLARY SERVIGES
Agreement Number: 1 3-MetTellD-0O0
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page24
Agreement Number: 1 3-MetTellD-OO0
ATTACHMENT 2 ANCILLARY SERVICES
SEGTION 1. DIRECTORY LISTINGS AND DISTRIBUTION SERVICES
L I MetTel agrees to provide to Frontier or its publisher, as specified by Frontier, all subscriber list
information (including additions, changes and deletions) for MetTel's End Users and those of any
resellers of MetTel services, located within Frontier's operating areas. lt is the responsibility of the MetTel
to submit directory listings in the prescribed manner to Frontier prior to the directory listing publication cut-
off date, which is posted at www.Frontier.com under MetTel Services then Directory Services.
1.2 Frontier will include MetTel's End User primary listings in the appropriate sections of its telephone
directories (residence and business listings). Listings of MetTel's End Users will 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 MetTel will identify any of these subscribers that are "non-published" End Users. MetTel will
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 will include the End User's name, address,
telephone number, appropriate classified heading and all other pertinent data elements as requested by
Frontier including ACNA/CIC or CLCC/OCN, as appropriate with each order, to enable Frontier the ability
to identify listing ownership. MetTel will provide all subscriber listings at no charge to Frontier or its
publisher.
1.4 MetTel's End Users standard primary listing information in the telephone directories will be
provided at no charge.
1.5 MetTel 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. MetTel will
provide Frontier with appropriate internal contact information to fulfill these requirements.
1 .6 Frontier will accord MetTel directory listing information the same level of confidentiality, which
Frontier accords its own directory listing information. MetTel grants Frontier full authority to provide
MetTel subscriber listings, excluding non-published telephone numbers, to other directory publishers and
will indemnify Frontier and its publisher from and against any liability resulting from the provisioning of
such listings. ln exchange for Frontier providing this subscriber list service, Frontier will charge, bill,
collect and retain any monies derived from the sale of MetTel listings to other directory publishers.
1.7 Frontier will distribute its telephone directories to MetTel's End Users in a manner similar to the
way it provides those functions for its own End Users in Frontier's service territory. For MetTel End Users
whose listings are not maintained in a Frontier database, MetTel shall provide the information needed for
the distribution of listings in book form to such End Users.
1.7.1 MetTel 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 MetTel is responsible for providing information that includes distribution address and
book quantities to Frontier. Frontier will place the same restrictions on the MetTel's End Users as
it does for itself when assigning book quantities.
1.8 MetTel will 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 MetTel has the right to
place such listings on behalf of its End Users. MetTel 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
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page25
Agreement Number: 1 3-MetTellD-000
corporate name, trade name, or language used in the listirrg. MetTel shall be solely responsible for
knowing and adhering to state laws or rulings regarding listing information and for supplying Frontier with
applicable listing information. ln addition, MetTel 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 Frontie/s listing of the
information provided by MetTel hereunder.
1.9 Frontier's liability to MetTel in the event of a Frontier error in or omission of a listing will not
exceed the amount of charges actually paid by MetTel for such listing. ln addition, MetTel agrees to take,
with respect to its own End Users, all reasonable steps to ensure that its' and Frontier's liability to
MetTel's End Users in the event of a Frontier error in or omission of a listing will be subject to the same
limitations that Frontier's liability to its own End Users are subject to.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page26
ATTAGHMENT 3
INTENTIONALLY LEFT BLANK
Agreement Number: 1 3-MetTellD-0OO
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 0210212009
Page27
ATTACHMENT 4
LOCAL NUMBER PORTABILITY
Agreement Number: 1 3-MetTellD-000
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised 02n2l20og
Page 28
Agreement Number: 1 3-MetTellD-000
ATTACHMENT 4 - Local Number Portabilitv
SECTION 1. Local Number Portabilitv (LNP)
1.1 MetTel 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 facilities where technically feasible, subject to
the availability of facilities, and only from properly equipped central offices.
An LNP telephone number may be assigned by MetTel only to MetTel's End Users
located within Frontier' rate center, which is associated with the NXX of the ported number.
Six months after LNP becomes available, lnterim Service Provider Number Portability
(ISPNP)will cease to be available and all existing ISPNP arrangements willterminate.
1.3 Obliqations of Parties
Both Parties will participate in LNP testing in accordance with North American Numbering
Council (NANC) standards.
Both Parties will follow recommended National Emergency Number Association (NENA)
standards for LNP until such time the standards are superceded by federal, state, or local legislation.
MetTel is required to send to Frontier a completed Bona Fide Request Form for LNP
deployment in non LNP capable offices. See Exhibit A.
MetTel 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.
MetTel is required to meet all mutually agreed upon testing dates and implementation
schedules. Both Parties will perform testing as specified in industry guidelines and cooperate in
conducting any additional testing to ensure interoperability between networks and systems. Each party
shall inform the other Party of any system updates that may affect the other Party's network and each
Party shall, at the other Party's request perform tests to validate the operation of the network.
Each Party is responsible for the following:
Adhere to all Number Portability Administration Center (NPAC) and North American
Numbering Council (NANC) requirements and in providing its own access to regional NPAC.
For providing its own access to the Service Order Administration (SOA).
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised: 0210112007
Page
DATE:
TO:
Agreement Number: 1 3-MetTellD-000
EXHIBIT A
LOCAL NUMBER PORTABTLTTY (LNP)
BONA FIDE REQUEST (BFR)
(date of reouest)
(name of service provider)
(address of service provider)
(contact name /number)
(authorized bv title)
FROM:
nma"rit "t.
SWITCH(ES):
CLLIl Rate Center
Name2
Rate Center NPA-N)fi(s)3
VCHC2
Rate Center
VC/HC2
YorN
YorN
YorN
YorN
YorN
NPA-NXX(s)3
Ail:
Ail:
Ail:
Ail:
Ail:
Please provide Requestor's information below:
METTEL/REQUESTOR:
CLLIl Rate Center
Name2
DATES: Requested date switch(es)should be LNP capable:(mm/dd/yy)
Requested code opening date:
Notes: See following page.
(mm/dd/yy)
Acknowledgment of BFR is to be sent to the requester within ten business days.
MetTel CTC lD ICA final 06 17 13.doc
Version: 712?/99
Revised: 0210112007
Page
Agreement Number: 1 3-MetTellD-000
EXHIBIT A
LOCAL NUMBER PORTABILITY (LNP)
BONA FrDE 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 that specific 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
traditional ILEC may serye a single rate center with multiple switches (CLLls and
NXX codes) while MetTel may serve multiple rate centers with a single switch. ln
the latter case, use of a specific NXX code will determine the rate center.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised: 0210112007
Page
Agreement Number: 1 3-MetTellD-000
ATTACHMENT 4 - LOCAL NUMBER PORTABILITY
EXHIBIT B
EXHIBIT B
Acknowledgment of
LNP Bona Fide Request (BFR)
DATE:
TO:
FROM:
(date of resoonse)
(reouester/MetTel name/l D)
(contact n ame/add ress/number)
reouester swilch(es)/CLLI)
(contact name/number)
Switch request(s) accepted:
CLLlAccepted LNP Effective
Date
(cLLl 1)-(cLLt2)_
(cLLl3)(cLLt4)_
Modified Effective
Date
lneligible NPA-NXXs
Switch request(s) denied/reason for denial:
(cLLl 1)
(cLLl2)
(cLLl 3)
Authorized company representative signature/title:
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised: 0210112007
Page 1
ATTAGHMENT 5
RESALE OF LOGAL SERVICES
Agreement Number: 1 3-MetTellD-000
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised: 0A0112007
Page 1
Agreement Number: 1 3-MetTellD-000
ATTAGHMENT 5 - Resale of Loca! Services
Section 1. DEFINITIONS
1.1 Resale means an activity wherein MetTel 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 retailtelecommunication services offered for
resale are assigned to the service furnished. MetTel has no property 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 office. Frontier reserves the right to change such
numbers, or the central office designation associated with such numbers, or both, consistent with
telephone number conservation and administrative practices, such as NPA splits, generally prevailing in
the local exchange telecommunications industry.
SECTION 3. FRONTIER'S PROVISION OF SERVICES TO METTEL
3.1. MetTel agrees that its resale of Frontier services will 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 MetTel will be limited to retail services made available to End
Users and uses conforming to the class of service restrictions in Frontier's 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. lf telephone service is established and it is subsequently determined that the class of
service restriction has been violated, MetTel will be notified and billing for that service will be
retroactively changed to the appropriate class of service. Service charges for changes between
class of service, back billing, and interest as described in this subsection will apply at Frontier's
sole discretion. lnterest will apply at the rate of 1.5% per month or 18olo 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 MetTel actually makes the payment to Frontier
may be assessed.
3.2. Resold services can only be used in the same manner as specified in Frontier's 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.9., a usage allowance per month, will not be aggregated across multiple resold services. Resold
services cannot be used to aggregate traffic from more than one End User.
3.3. MetTel may resell Frontier's services only within the specific Frontier's 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 will continue to be paid by MetTel without discount for each local exchange
line resold under this Agreement.
3.5. Law enforcement agency subpoenas and court orders regarding End Users of MetTel will be
directed to MetTel. Frontier will bill MetTel for implementing any requests by law enforcement agencies
regarding MetTel End Users. Frontier will cooperate fully with law enforcement agencies with subpoenas
and court orders for assistance with MetTel's End Users.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised: 0210112007
Page
Agreement Number: 1 3-MetTellD-000
3.6. MetTel 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)
b)
c)
d)
e)
0
s)
h)
i)
i)
k)
r)
Calling Card
Employee Concessions Services
Promotional offers less than 90 days
Grandfathered Services
LifeLine and Link Up Services
lnside Wire
lnstallment billing options
Enhanced Services, excluding voice mail
End User Premise Equipment
91'1 and E911 Services
I nterconnection Services
Legislatively or Administratively Mandated Specialized Discounts (e.9., educational
institution discounts)
3.7 MetTel agrees to abide by the terms and conditions of the Local Service Provider Guide, which is
incorporated by reference hereirl.
MetTel is liable for all fraud associated with service to its End Users and accounts. Frontier takes no
responsibility, will not investigate, and will make no adjustments to MetTel'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 MetTel for its own use and not resold to End
Users must be identified by MetTel as such, and notwithstanding any available wholesale discount,
MetTel will pay retail prices for such services.
SECTION 4. MAINTENANCE OF SERVICES
4.1 Services resold by Frontier will be maintained by Frontier, up to and including the Network
lnterface Device.
4.2 MetTel 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 MetTel accepts responsibility to notify Frontier of situations that may arise, resulting in service
problems.
4.4 MetTel will be the single point of contact for all repair calls on behalf of MetTel's End Users.
4.5 MetTel will contact the appropriate repair centers in accordance with procedures established by
Frontier.
4.6 For all repair requests, MetTel accepts responsibility for adhering to Frontier' prescreening
guidelines prior to referring the trouble to Frontier.
4.7 Frontier will bill MetTel for handling troubles that are found not to be in Frontier' network pursuant
to its standard time and material or dispatch charges as set forth in Frontier' Tariff.
4.8 Frontier reserves the right to contact MetTel's End User if deemed necessary, for maintenance
purposes in an emergency or as a result of a service call which MetTel may initiate.
Metlel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised: O2lO1l2OO7
Page
Agreement Number: 1 3-MetTellD-OO0
4.9 MetTel acknowledges that any chat line services being offered by MetTel over Frontier's facilities
shall only be provisioned by Frontier on a blockable "NXX" central office code.
SECTION 5. ESTABLISHMENT OF SERVICE
5.1 When notification is received from MetTel that a current End User of Frontier will subscribe to
MetTel's service, standard service order intervals for the appropriate class of service will apply.
5.2 When an existing End User of Frontier switches to MetTel, MetTel 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 will temporarily deny service to MetTel's End User on behalf of, and at the request of
MetTel. Upon restoration of the End User's service, restoral charges will apply and will be charged to the
master account of MetTel.
6.2 All requests by MetTel 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. MetTel is responsible for compliance with regulatory requirements for termination and temporary
disconnection of service to End User(s).
6.3 MetTel will be solely responsible for notifying the End User, in advance, of the proposed
temporary denial or permanent disconnection of the service.
6.4 Frontier will advise MetTel when it is determined that annoyance calls-are originated from one of
their End User's locations. Frontier will be indemnified, defended and held harmless by MetTel and/or
the End User against any claim, loss, or damage arising from providing this information to MetTel. lt is
the responsibility of MetTel 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 METTEL
The procedures for discontinuing service to MetTel are as follcws unless otherwise defined by the
Commission:
7.1 Where MetTel discontinues its provision of service to all or substantially all of its End Users, the
MetTel must send advance written notice of such discontinuance to Frontier, comply with any applicable
Commission regulatory requirements and to each of the MetTel's End Users. Such notice must include a
verification that the MetTel has notified its End Users of the discontinuance, and must state the date on
which such End User notice was mailed. lf the End User fails to make other arrangements within fifteen
(15) days of the date of notice provided by the MetTel, Frontier will 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.
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised: 0210112007
Page
1.2
1.3
Agreement Number: 1 3-MetTellD-000
INTENTIONALLY LEFT BLANK
RESALE
1.3.1 Nonrecurring Charges:
A nonrecurring charge will apply when converting a Frontier account to a MetTel account or
when changing an End User from one MetTel 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 at 12 % from the published rates in the state
local tariff for the rate center where service is being requested.
Supplemental PON Gharqes
1.4.1 A supplement is any new iteration of a local service request.
Supplement # 1
Gancel - lndicates that the pending order is to be canceled in its entirety.
Charge - $14.38
Supplement # 2
New desired due date - lndicates 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:
OTHER MISCELLENEOUS GHARGES
1.5.1 Expedite Charqe - 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 $35.20
1.4
1.5
MetTel CTC lD ICA final 06 17 'l3.doc
Version: 7122199
Revised: O21O1l2OO7
Order Type Residence
Resale
Business
Resale
Residence
Portino
Business
Pcrrtino
Residence
ULUUNE
Business
ULL/UNE
Charge Per
Number
$11.01 $17.83 $11.01 $17.83 $8.86 $14.34
.Expedite Charge will be applied ($35.20 per telephone number) for any Portings stopped on the
DD & subseouentlv reaooointed with a new Due Date.
Page
Agreement Number: 1 3-MetTellD-000
Business $35.20
Additional Labor Charges also apply if the work is done after hours or on the weekend.
1.5.2 Preferential/Vanitv Numbers
NONRECURRING
Residence $42.33
Business $84.45
1.5.3 GoncurrenceGharse
The CLEC is responsible to create subscription versions in the NPAC prior to the 18-hour
window. ln 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
MetTel CTC lD ICA final 06 17 13.doc
Version: 7122199
Revised: 02J0112007
Page
ATTACHMENT 6
PRICING
MetTel CTC lD ICA final 06 17 'l3.doc
Version: 712?/99
Revised: 0210112007
1.1
Agreement Number: 1 3-MetTellD-000
Attachment 6 - PRICING
REGIPROCAL COMPENSATION
1.1.1 ISP Bound, pursuant to the Section 2.16 in the General Terms and Conditions, and Local
wireline to wireline traffic will be terminated by the Parties on a Bill and Keep basis.
1.'1.2 Transit Service-per MOU $ 0,0061854/MOU
1.1.3 MetTel will provide accurate Calling Party Number ("CPN") and/or Automatic Number
ldentification ('ANl') on at least ninety-five percent (95%) of all traffic delivered to the
POl. Where CPN and/or ANI is not provided, MetTel agrees to pay the applicable
intrastate terminating access charges for such traffic. ln addition, each Party shall pass
Charge Number (CN) unaltered where it is different than CPN.
MetTel CTC lD ICA final06 17 13.doc
Version: 7122199
Revised: 0210112007
Page 1