20110615Application.pdf

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June 14,2011
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commssion
P.O. Box 83720
Boise, il 83720-0074
Dear Ms. Jewell:
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Fl1C1l9
2200 W. Airfeld Dnve
P.o. Box 619002
DFW, Texas 75261
Phone [phone]
Fax [phone]
Email: kimberly.a.douglassêftr.com
02- ---i- L l-C9l
Attached please find an original plus three copies of the interconnection agreement between
Frontier Communications of America, Inc. and Frontier Communications Northwest Inc.
Please call me at [phone] if you have any questions.
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Kim Douglass
Senior Consultant
Compliance - Government and Regulatory Affairs
RECEiVED
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AGREEMENT FOR
LOCAL INTERCONNECTION
by and between
FRONTIER COMMUNICATIONS OF AMERICA, INC.
and
FRONTIER COMMUNICATIONS NORTHWEST INC.
FOR THE STATE OF
IDAHO
"""CUSTOMER ACRONYM""" 10 Camp v3.3a_07142010
TABLE OF CONTENTS
AGREEMENT.................................................................................................................................1
1. The Agreement.........................................................................................................1
2. Term and Termination .............................................................................................2
3. Glossary and Attachments......................................................................................2
4. Applicable Law .........................................................................................................2
5. Assignment ..............................................................................................................4
6. Assurance of Payment ............................................................................................4
7. Audits........................................................................................................................5
8. Authorization ............................................................................................................ 5
9. Biling and Payment; Disputed Amounts ...............................................................6
10. Confidentiality ..........................................................................................................7
11. Counterparts ............................................................................................................ 9
12. Default.......................................................................................................................9
13. Discontinuance of Service by FCA ........................................................................9
14. Dispute Resolution ..................................................................................................9
15. Force Majeure.........................................................................................................10
16. Forecasts ................................................................................................................10
17. Fraud.......................................................................................................................10
18. Good Faith Penormance .......................................................................................11
19. Headings.................................................................................................................11
20. Indemnification ......................................................................................................11
21. Insurance ................................................................................................................13
22. Intellectual Property ..............................................................................................14
23. Joint Work Product................................................................................................14
24. Law Enforcement ...................................................................................................15
25. Liability ...................................................................................................................15
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26. Network Management ............................................................................................ 16
27. Non-Exclusive Remedies ......................................................................................17
28. Notice of Network Changes ..................................................................................17
29. Notices....................................................................................................................17
30. Ordering and Maintenance....................................................................................18
31. Penormance Standards.........................................................................................18
32. Point of Contact for FCA Customers....................................................................19
33. Predecessor Agreements......................................................................................19
34. Publicity and Use of Trademarks or Service Marks ............................................19
35. References..............................................................................................................20
36. Relationship of the Parties....................................................................................20
37. Reservation of Rights............................................................................................21
38. Subcontractors ......................................................................................................21
39. Successors and Assigns.......................................................................................21
40. Survival...................................................................................................................21
41. Taxes.......................................................................................................................21
42. Technology Upgrades ...........................................................................................24
43. Territory ..................................................................................................................24
44. Third Part Beneficiaries.......................................................................................24
45. (This Section Intentionally Left Blank) .................................................................24
46. 252(i) Obligations...................................................................................................24
47. Use of Service ........................................................................................................24
48. Waiver .....................................................................................................................25
49. Warranties ..............................................................................................................25
50. Withdrawal of Services..........................................................................................25
SIGNATURE PAGE .....................................................................................................................26
GLOSSARY .................................................................................................................................27
1. General Rule ...........................................................................................................27
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2. Definitions .............................................................................................................. 27
ADDITIONAL SERVICES ATT ACHMENT ...................................................................................43
1. Alternate Billed Calls ............................................................................................. 43
2. Dialing Parity - Section 251 (b)(3) ..........................................................................43
3. (This Section Intentionally Left Blank) ................................................................. 43
4. Directory Listing and Directory Distribution .......................................................43
5. Voice Information Service Traffic .........................................................................45
6. Intercept and Referral Announcements ...............................................................46
7. Originating Line Number Screening (OLNS) .......................................................46
8. Operations Support Systems (OSS) Services .....................................................46
9. Poles, Ducts, Conduits and Rights-of-Way ......................................................... 52
10. Telephone Numbers ..............................................................................................52
11. Routing for Operator Services and Directory Assistance Traffc ...................... 53
12. Unauthorized Carrier Change Charges ................................................................53
13. Good Faith Penormance .......................................................................................53
INTERCONNECTION ATTACHMENT .........................................................................................55
1. General....................................................................................................................55
2. Points of Interconnection and Trunk Types ........................................................ 55
3. Alternative Interconnection Arrangements ......................................................... 59
4. Initiating Interconnection ......................................................................................61
5. Transmission and Routing of Telephone Exchange Service Traffc .................62
6. Traffc Measurement and Billng over Interconnection Trunks ........................63
7. Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the
Act...........................................................................................................................64
8. Other Types of Traffic............................................................................................ 66
9. Transmission and Routing of Exchange Access Traffic ....................................66
10. Meet-Point Biling (MPB) Arrangements ..............................................................67
11. Toll Free Service Access Code (e.g., 800/888/877) Traffc.................................. 69
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12. Tandem Transit Traffc ..........................................................................................71
13. Number Resources, Rate Center Areas and Routing Points ............................. 73
14. Joint Network Implementation and Grooming Process; Forecasting ...............73
15. Number Portabilty - Section 251(B)(2).................................................................75
16. Good Faith Penormance .......................................................................................77
TRAFFIC EXCHANGE ATTACHMENT .......................................................................................78
1. General.................................................................................................................... 78
2. Arrangements With Third Part Tandem Provider .............................................. 78
3. Initiating Traffc Exchange Under This Attachment ............................................79
4. Traffc Measurement and Billing........................................................................... 79
5. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) ofthe
Act...........................................................................................................................80
6. Other Types of Traffic............................................................................................81
7. Toll Free Service Access Code (e.g., 800/888/877) Traffc..................................82
8. Number Resources, Rate Center Areas and Routing Points ............................. 83
9. Number Portabilty - Section 251(B)(2).................................................................84
10. Good Faith Penormance .......................................................................................86
RESALE ATTACHMENT .............................................................................................................87
1. General....................................................................................................................87
2. Use of Frontier Telecommunications Services ...................................................87
3. Availabilty of Frontier Telecommunications Services .......................................88
4. Responsibility for Charges ...................................................................................88
5. Operations Matters ................................................................................................89
6. Rates and Charges ................................................................................................89
7. Good Faith Penormance .......................................................................................90
NETWORK ELEMENTS ATTACHMENT.....................................................................................91
1. General....................................................................................................................91
2. Frontier's Provision of Network Elements ........................................................... 95
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3. Loop Transmission Types.....................................................................................95
4. Line Splitting (also referred to as "Loop Sharing") .......................................... 106
5. (This Section Intentionally Left Blank) ...............................................................107
6. Sub.Loop .............................................................................................................. 107
7. Sub.Loop for Multiunit Tenant Premises Access .............................................110
8. Dark Fiber Transport and Transitional Provision of Embedded Dark Fiber
Loops ....................................................................................................................110
9. Network Intenace Device ....................................................................................116
10. (This Section Intentionally Left Blank) ..............................................................117
11. Dedicated Transport ............................................................................................117
12. (This Section Intentionally Left Blank) ............................................................... 117
13. Operations Support Systems..............................................................................117
14. Availabilty of Other Network Elements on an Unbundled Basis ....................117
15. Maintenance of Network Elements ..................................................................... 119
16. Combinations, Commingling, and Conversions ...............................................119
17. Routine Network Modifications .........................................................................122
18.' Rates and Charges ..............................................................................................123
19. Good Faith Penormance .....................................................................................123
COLLOCATION ATTACHMENT ...............................................................................................124
1. Frontier's Provision of Collocation ....................................................................124
911 ATTACHMENT....................................................................................................................170
1. 911/E-911 Arrangements .....................................................................................170
2. ALI Database ........................................................................................................170
3. 911/E-911 Interconnection.............................. .....................................................171
4. 911/E-911 General................................................................................................172
5. Good Faith Penormance .....................................................................................172
PRICING ATTACHMENT ...........................................................................................................173
1. General..................................................................................................................173
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2. Frontier Telecommunications Services Provided to FCA for Resale Pursuant
to the Resale Attachment .................................................................................... 173
3. FCA Prices............................................................................................................175
4. (This Section Intentionally Left Blank) ...............................................................175
5. Regulatory Review of Prices...............................................................................175
APPENDIX A TO THE PRICING ATTACHMENT ......................................................................177
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT...........................................................................................................................206
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AGREEMENT
PREFACE
This Agreement ("Agreement") shall be deemed effective as of January 1, 2011 (the "Effective
Date"), between Frontier Communications of America, Inc. ("FCA "), a corporation organized
under the laws of the State of Delaware, with offces at 9324 West Stockton Blvd., Elk Grove, CA
95758 and Frontier Communications Northwest Inc. ("Frontiet'), a corporation organized under
the laws ofthe Washington with offces at 180 S. Clinton Ave, Rochester, NY 14646 (Frontier and
FCA may be referred to hereinafter, each, individually as a "Party", and, collectively, as the
"Partes").
GENERAL TERMS AND CONDITIONS
In consideration of the mutual promises contained in this Agreement, and intending to be legally
bound, pursuant to Section 252 of the Act, Frontier and FCA hereby agree as follows:
1. The Agreement
1.1 This Agreement includes: (a) the Principal Document; (b) the Tariffs of each
Party applicable to the Services that are offered for sale by it in the Principal
Document (which Tariffs are incorporated into and made a part of this Agreement
by reference); and, (c) an Order by a Party that has been accepted by the other
Part.
1.2 Except as otherwise expressly provided in the Principal Document (including, but
not limited to, the Pricing Attachment), conflicts among provisions in the Principal
Document, Tariffs, and an Order by a Party that has been accepted by the other
Part, shall be resolved in accordance with the following order of precedence,
where the document identified in subsection "(a)" shall have the highest
precedence: (a) the Principal Document; (b) the Tariffs; and, (c) an Order by a
Party that has been accepted by the other Part. The fact that a provision
appears in the Principal Document but not in a Tariff, or in a Tariff but not in the
Principal Document, shall not be interpreted as, or deemed grounds for finding, a
conflict for the purposes of this Section 1.2.
1.3 This Agreement constitutes the entire agreement between the Parties on the
subject matter hereof, and supersedes any prior or contemporaneous
agreement, understanding, or representation, on the subject matter hereof,
provided, however, notwithstanding any other provision of this Agreement or
otherwise, this Agreement is an amendment, extension and restatement of the
Parties' prior interconnection and resale agreement(s), if any, and, as such, this
Agreement is not intended to be, nor shall it be construed to create, a novation or
accord and satisfaction with respect to any prior interconnection or resale
agreements and, accordingly, all monetary obligations of the Parties to one
another under any prior interconnection or resale agreements shall remain in full
force and effect and shall constitute monetary obligations of the Parties under
this Agreement (provided, however, that nothing contained in this Agreement
shall convert any claim or debt that would otherwise constitute a prepetition claim
or debt in a bankruptcy case into a postpetition claim or debt). In connection with
the foregoing, Frontier expressly reserves all of its rights under the Bankruptcy
Code and Applicable Law to seek or oppose any relief in respect of the
assumption, assumption and assignment, or rejection of any interconnection or
resale agreements between Frontier and FCA.
FCA 10 Camp v3.3a _o7142010
1.4 Except as otherwise provided in the Principal Document, the Principal Document
may not be waived or modified except by a written document that is signed by
the Parties. Subject to the requirements of Applicable Law, a Party shall have
the right to add, modify, or withdraw, its Tariff(s) at any time, without the consent
of, or notice to, the other Party.
2. Term and Termination
2.1 This Agreement shall be effective as of the Effective Date and, unless cancelled
or terminated earlier in accordance with the terms hereof, shall continue in effect
until January 1,2013 (the "Initial Term"). Thereafter, this Agreement shall
continue in force and effect unless and until cancelled or terminated as provided
in this Agreement.
2.2 Either FCA or Frontier may terminate this Agreement effective upon the
expiration of the Initial Term or effective upon any date after expiration of the
Initial Term by providing written notice of termination at least ninety (90) days in
advance of the date of termination.
2.3 If either FCA or Frontier provides notice of termination pursuant to Section 2.2
and on or before the proposed date of termination either FCA or Frontier has
requested negotiation of a new interconnection agreement, unless this
Agreement is cancelled or terminated earlier in accordance with the terms hereof
(including, but not limited to, pursuant to Section 12), this Agreement shall
remain in effect until the earlier of: (a) the effective date of a new interconnection
agreement between FCA and Frontier; or, (b) the date one (1) year after the
proposed date of termination.
2.4 If either FCA or Frontier provides notice of termination pursuant to Section 2.2
and by 11 :59 PM Eastern Time on the proposed date of termination neither FCA
nor Frontier has requested negotiation of a new interconnection agreement, (a)
this Agreement wil terminate at 11 :59 PM Eastern Time on the proposed date of
termination, and (b) the Services being provided under this Agreement at the
time of termination will be terminated, except to the extent that the Purchasing
Part has requested that such Services continue to be provided pursuant to an
applicable Tariff or Statement of Generally Available Terms (SGAT).
3. Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
Interconnection Attachment
Resale Attachment
Network Elements Attachment
Collocation Attachment
911 Attachment
Pricing Attachment
4. Applicable Law
4.1 The construction, interpretation and performance of this Agreement shall be
governed by (a) the laws of the United States of America and (b) the laws of the
FCA 10 Camp v3.3a _o7142010 2
State of Idaho, without regard to its conflicts of laws rules. All disputes relating to
this Agreement shall be resolved through the application of such laws.
4.2 Each Party shall remain in compliance with Applicable Law in the course of
performing this Agreement.
4.3 Neither Party shall be liable for any delay or failure in performance by it that
results from requirements of Applicable Law, or acts or failures to act of any
governmental entity or offciaL.
4.4 Each Part shall promptly notify the other Part in writing of any governmental
action that limits, suspends, cancels, withdraws, or otherwise materially affects,
the notifying Party's ability to perform its obligations under this Agreement.
4.5 If any provision of this Agreement shall be invalid or unenforceable under
Applicable Law, such invalidity or unenforceabilty shall not invalidate or render
unenforceable any other provision of this Agreement, and this Agreement shall
be construed as if it did not contain such invalid or unenforceable provision;
provided, that if the invalid or unenforceable provision is a material provision of
this Agreement, or the invalidity or un enforceability materially affects the rights or
obligations of a Part hereunder or the abilty of a Part to perform any material
provision of this Agreement, the Parties shall promptly renegotiate in good faith
and amend in writing this Agreement in order to make such mutually acceptable
revisions to this Agreement as may be required in order to conform the
Agreement to Applicable Law.
4.6 If any legislative, regulatory, judicial or other governmental decision, order,
determination or action, or any change in Applicable Law, materially affects any
material provision of this Agreement, the rights or obligations of a Part
hereunder, or the ability of a Party to perform any material provision of this
Agreement, the Parties shall promptly renegotiate in good faith and amend in
writing this Agreement in order to make such mutually acceptable revisions to
this Agreement as may be required in order to conform the Agreement to
Applicable Law. If within thirty (30) days of the effective date of such decision,
determination, action or change, the Parties are unable to agree in writing upon
mutually acceptable revisions to this Agreement, either Party may pursue any
remedies available to it under this Agreement, at law, in equity, or otherwise,
including, but not limited to, instituting an appropriate proceeding before the
Commission, the FCC, or a court of competent jurisdiction, without first pursuing
dispute resolution in accordance with Section 14 of this Agreement.
4.6.1 Notwithstanding Section 4.6 above, to the extent Frontier is required
by a change in Applicable Law to provide to FCA a Service that is not
offered under this Agreement to FCA, the terms, conditions and prices
for such Service (including, but not limited to, the terms and conditions
defining the Service and stating when and where the Service will be
available and how it wil be used, and terms, conditions and prices for
pre-ordering, ordering, provisioning, repair, maintenance and billng)
shall be as provided in an applicable Frontier Tariff, or, in the absence
of an applicable Frontier Tariff, as mutually agreed by the Parties in a
written amendment to the Agreement that, upon the request of either
Party, the Parties shall negotiate in accordance with the requirements
of Section 252 of the Act. In no event shall Frontier be required to
provide any such Service in the absence of such a Frontier Tariff or
amendment.
FCA 10 Camp v3.3a _07142010 3
4.7 Notwithstanding anything in this Agreement to the contrary, if, as a result of any
legislative, judicial, regulatory or other governmental decision, order,
determination or action, or any change in Applicable Law, Frontier is not required
by Applicable Law to provide any Service, payment or benefi, otherwise required
to be provided to FCA hereunder, then Frontier may discontinue the provision of
any such Service, payment or benefit, and FCA shall reimburse Frontier for any
payment previously made by Frontier to FCA that was not required by Applicable
Law. Frontier wil provide thirty (30) days prior written notice to FCA of any such
discontinuance of a Service, unless a different notice period or different
conditions are specified in this Agreement (including, but not limited to, in the
Networks Element Attachment or an applicable Tariff or Applicable Law for
termination of such Service in which event such specified period and/or
conditions shall apply. For the avoidance of any doubt, this Section 4.7 is self-
effectuating and no amendment to this Agreement shall be required to implement
it.
5. Assignment
Neither Party may assign this Agreement or any right or interest under this Agreement,
nor delegate any obligation under this Agreement, without the prior written consent of the
other Part, which consent shall not be unreasonably withheld, conditioned or delayed.
Any attempted assignment or delegation in violation of this Section 5 shall be void and
ineffective and constitute default of this Agreement.
6. Assurance of Payment
6.1 Upon request by Frontier, FCA shall, at any time and from time to time, provide
to Frontier adequate assurance of payment of amounts due (or to become due)
to Frontier hereunder.
6.2 Assurance of payment of charges may be requested by Frontier if FCA (a) prior
to the Effective Date, has failed to timely pay a bil rendered to FCA by Frontier or
its Affliates, (b) on or after the Effective Date, fails to timely pay a bil rendered to
FCA by Frontier or its Affliates, (c) in Frontier's reasonable judgment, at the
Effective Date or at any time thereafter, is unable to demonstrate that it is
creditworthy, or (d) admits its inability to pay its debts as such debts become due,
has commenced a voluntary case (or has had a case commenced against it)
under the U.S. Bankruptcy Code or any other law relating to bankruptcy,
insolvency, reorganization, winding-up, composition or adjustment of debts or the
like, has made an assignment for the benefi of creditors or is subject to a
receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist
of an unconditional, irrevocable standby letter of credit naming Frontier as the
beneficiary thereof and otherwise in form and substance satisfactory to Frontier
from a financial institution acceptable to Frontier. The letter of credit shall be in
an amount equal to two (2) months anticipated charges (including, but not limited
to, both recurring and non-recurring charges), as reasonably determined by
Frontier, for the Services to be provided by Frontier to FCA in connection with
this Agreement. If FCA meets the condition in subsection 6.2(d) above or has
failed to timely pay two or more bils rendered by Frontier or a Frontier Affliate in
any twelve (12)-month period, Frontier may, at its option, demand (and FCA shall
provide) additional assurance of payment, consisting of monthly advanced
payments of estimated charges as reasonably determined by Frontier, with
appropriate true-up against actual biled charges no more frequently than once
per Calendar Quarter.
FCA 10 Camp v3.3a _07142010 4
6.4 (Intentionally Left Blank).
6.5 (Intentionally Left Blank).
6.6 Frontier may (but is not obligated to) draw on the letter of credit upon notice to
FCA in respect of any amounts to be paid by FCA hereunder that are not paid
within thirty (30) days of the date that payment of such amounts is required by
this Agreement.
6.7 If Frontier draws on the letter of credit, upon request by Frontier, FCA shall
provide a replacement or supplemental letter of credit conforming to the
requirements of Section 6.3.
6.8 Notwithstanding anything else set forth in this Agreement, if Frontier makes a
request for assurance of payment in accordance with the terms of this Section,
then Frontier shall have no obligation thereafter to perform under this Agreement
until such time as FCA has provided Frontier with such assurance of payment.
6.9 The fact that a letter of credit is requested by Frontier hereunder shall in no way
relieve FCA from compliance with the requirements ofthis Agreement (including,
but not limited to, any applicable Tariffs) as to advance payments and payment
for Services, nor constitute a waiver or modification of the terms herein pertaining
to the discontinuance of Services for nonpayment of any amounts payment of
which is required by this Agreement.
7. Audits
7.1 Except as may be otherwise specifically provided in this Agreement, either Part
("Auditing Part") may audit the other Part's ("Audited Part") books, records,
documents, facilties and systems for the purpose of evaluating the accuracy of
the Audited Part's bils. Such audits may be performed once in each Calendar
Year; provided, however, that audits may be conducted more frequently (but no
more frequently than once in each Calendar Quarter) if the immediately
preceding audit found previously uncorrected net inaccuracies in billng in favor
of the Audited Part having an aggregate value of at least $1,000,000.
7.2 The audit shall be performed by independent certified public accountants
selected and paid by the Auditing Party. The accountants shall be reasonably
acceptable to the Audited Part. Prior to commencing the audit, the accountants
shall execute an agreement with the Audited Party in a form reasonably
acceptable to the Audited Part that protects the confidentiality of the information
disclosed by the Audited Part to the accountants. The audit shall take place at
a time and place agreed upon by the Parties; provided, that the Auditing Part
may require that the audit commence no later than sixty (60) days after the
Auditing Part has given notice of the audit to the Audited Part.
7.3 Each Party shall cooperate fully in any such audit, providing reasonable access
to any and all employees, books, records, documents, facilties and systems,
reasonably necessary to assess the accuracy of the Audited Party's bils.
7.4 Audits shall be performed at the Auditing Part's expense, provided that there
shall be no charge for reasonable access to the Audited Party's employees,
books, records, documents, facilities and systems necessary to assess the
accuracy of the Audited Part's bils.
8. Authorization
FCA 10 Camp v3.3a _07142010 5
8.1 Frontier represents and warrants that it is a corporation duly organized, validly
existing and in good standing under the laws of the State of Washington and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.2 FCA represents and warrants that it is a corporation duly organized, validly
existing and in good standing under the laws of the State of Delaware, and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.3 FCA Certification.
Notwithstanding any other provision of this Agreement, Frontier shall have no
obligation to perform under this Agreement until such time as FCA has obtained
such FCC and Commission authorization as may be required by Applicable Law
for conducting business in the of Idaho. FCA shall not place any Orders under
this Agreement until it has obtained such authorization. FCA shall provide proof
of such authorization to Frontier upon request.
9. Biling and Payment; Disputed Amounts
9.1 Except as otherwise provided in this Agreement, each Part shall submit to the
other Part on a monthly basis in an itemized form, statement(s) of charges
incurred by the other Party under this Agreement.
9.2 Except as otherwise provided in this Agreement, payment of amounts biled for
Services provided under this Agreement, whether biled on a monthly basis or as
otherwise provided in this Agreement, shall be due, in immediately available U.S.
funds, on the later of the following dates (the "Due Date"): (a) the due date
specified on the biling Part's statement; or (b) twenty (20) days after the date
the statement is received by the biled Part. Payments shall be transmitted by
electronic funds transfer.
9.3 If any portion of an amount biled by a Part under this Agreement is subject to a
good faith dispute between the Parties, the biled Part shall give notice to the
billng Part of the amounts it disputes ("Disputed Amounts") and include in such
notice the specific details and reasons for disputing each item. A Part may also
dispute prospectively with a single notice a class of charges that it disputes.
Notice of a dispute may be given by a Party at any time, either before or after an
amount is paid, and a Part's payment of an amount shall not constitute a waiver
of such Party's right to subsequently dispute its obligation to pay such amount or
to seek a refund of any amount paid. The biled Party shall pay by the Due Date
all undisputed amounts. Billng disputes shall be subject to the terms of Section
14, Dispute Resolution.
9.4 Charges due to the billng Part that are not paid by the Due Date, shall be
subject to a late payment charge. The late payment charge shall be in an
amount specified by the biling Part which shall not exceed a rate of one-and-
one-half percent (1.5%) of the overdue amount (including any unpaid previously
biled late payment charges) per month.
9.5 Although it is the intent of both Parties to submit timely statements of charges,
failure by either Part to present statements to the other Part in a timely manner
shall not constitute a breach or default, or a waiver of the right to payment of the
incurred charges, by the billing Part under this Agreement, and, except for
assertion of a provision of Applicable Law that limits the period in which a suit or
other proceeding can be brought before a court or other governmental entity of
FCA 10 Camp v3.3a _07142010 6
I"
appropriate jurisdiction to collect amounts due, the biled Party shall not be
entitled to dispute the biling Part's statement(s) based on the billng Part's
failure to submit them in a timely fashion.
10. Confidentiality
10.1 As used in this Section 10, "Confidential Information" means the following
information that is disclosed by one Party ("Disclosing Part") to the other Part
("Receiving Part") in connection with, or anticipation of, this Agreement:
10.1.1
10.1.2
10.1.3
10.1.4
10.1.5
10.1.6
Books, records, documents and other information disclosed in an audit
pursuant to Section 7;
Any forecasting information provided pursuant to this Agreement;
Customer Information (except to the extent that (a) the Customer
information is published in a directory, (b) the Customer information is
disclosed through or in the course offurnishing a Telecommunications
Service, such as directory assistance, operator service, Caller ID or
similar service, or UDB service, or (c) the Customer to whom the
Customer Information is related has authorized the Receiving Part to
use and/or disclose the Customer Information);
information related to specific facilties or equipment (including, but not
limited to, cable and pair information);
any information that is in written, graphic, electromagnetic, or other
tangible form, and marked at the time of disclosure as "Confidential" or
"Proprietary"; and
any information that is communicated orally or visually and declared to
the Receiving Part at the time of disclosure, and by written notice with
a statement of the information given to the Receiving Party within ten
(10) days after disclosure, to be "Confidential" or "Proprietary".
Notwithstanding any other provision of this Agreement, a Part shall have the
right to refuse to accept receipt of information which the other Party has identified
as Confidential Information pursuantto Sections 10.1.5 or 10.1.6.
10.2 Except as otherwise provided in this Agreement, the Receiving Party shall:
10.2.1 use the Confidential Information received from the Disclosing Party
only in performance of this Agreement; and
10.2.2 using the same degree of care that it uses with similar confidential
information of its own (but in no case a degree of care that is less than
commercially reasonable), hold Confidential Information received from
the Disclosing Part in confidence and restrict disclosure of the
Confidential Information solely to those of the Receiving Party's
Affliates and the directors, offcers, employees, Agents and
contractors of the Receiving Part and the Receiving Part's Affliates,
that have a need to receive such Confidential Information in order to
perform the Receiving Part's obligations under this Agreement. The
Receiving Party's Affliates and the directors, offcers, employees,
Agents and contractors of the Receiving Part and the Receiving
Party's Affliates, shall be required by the Receiving Part to comply
with the provisions of this Section 10 in the same manner as the
FCA 10 Camp v3.3a _07142010 7
Receiving Party. The Receiving Party shall be liable for any failure of
the Receiving Part's Affliates or the directors, offcers, employees,
Agents or contractors of the Receiving Part or the Receiving Party's
Affliates, to comply with the provisions of this Section 10.
10.3 The Receiving Part shall retum or destroy all Confidential Information received
fromthe Disclosing Part, including any copies made by the Receiving Part,
within thirt (30) days after a written request by the Disclosing Party is delivered
to the Receiving Party, except for (a) Confidential Information that the Receiving
Party reasonably requires to perform its obligations under this Agreement, and
(b) one copy for archival purposes only.
10.4 Unless otherwise agreed, the obligations of Sections 10.2 and 10.3 do not apply
to information that:
10.4.1 was, at the time of receipt, already in the possession of or known to
the Receiving Part free of any obligation of confidentiality and
restriction on use;
10.4.2 is or becomes publicly available or known through no wrongful act of
the Receiving Party, the Receiving Part's Affliates, or the directors,
offcers, employees, Agents or contractors of the Receiving Part or
the Receiving Part's Affliates;
10.4.3 is rightfully received from a third person having no direct or indirect
obligation of confidentiality or restriction on use to the Disclosing Part
with respect to such information;
10.4.4 is independently developed by the Receiving Party;
10.4.5 is approved for disclosure or use by written authorization of the
Disclosing Part (including, but not limited to, in this Agreement); or
10.4.6 is required to be disclosed by the Receiving Party pursuant to
Applicable Law, provided that the Receiving Party shall have made
commercially reasonable efforts to give adequate notice of the
requirement to the Disclosing Part in order to enable the Disclosing
Part to seek protective arrangements.
10.5 Notwithstanding the provisions of Sections 10.1 through 10.4, the Receiving
Part may use and disclose Confidential Information received from the Disclosing
Part to the extent necessary to enforce the Receiving Part's rights under this
Agreement or Applicable Law. In making any such disclosure, the Receiving
Party shall make reasonable efforts to preserve the confidentiality and restrict the
use of the Confidential Information while it is in the possession of any person to
whom it is disclosed, including, but not limited to, by requesting any
governmental entity to whom the Confidential Information is disclosed to treat it
as confidential and restrict its use to purposes related to the proceeding pending
before it.
10.6 The Disclosing Part shall retain all of the Disclosing Part's right, title and
interest in any Confidential Information disclosed by the Disclosing Part to the
Receiving Part. Except as otherwise expressly provided in this Agreement, no
license is granted by this Agreement with respect to any Confidential Information
(including, but not limited to, under any patent, trademark or copyright), nor is
any such license to be implied solely by virtue of the disclosure of Confidential
Information.
FCA 10 Camp v3.3a _07142010 8
10.7 The provisions of this Section 10 shall be in addition to and not in derogation of
any provisions of Applicable Law, including, but not limited to, 47 U.S.C. § 222,
and are not intended to constitute a waiver by a Party of any right with regard to
the use, or protection of the confidentiality of, CPNI provided by Applicable Law.
10.8 Each Part's obligations under this Section 10 shall survive expiration,
cancellation or termination of this Agreement.
11. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
12. Default
If either Party ("Defaulting Part") fails to make a payment required by this Agreement
(including, but not limited to, any payment required by Section 9.3 of undisputed amounts
to the billing Part) or materially breaches any other material provision of this Agreement,
and such failure or breach continues for thirt (30) days after written notice thereof from
the other Part, the other Party may, by written notice to the Defaulting Part, (a)
suspend the provision of any or all Services hereunder, or (b) cancel this Agreement and
terminate the provision of all Services hereunder.
13. Discontinuance of Service by FCA
13.1 If FCA proposes to discontinue, or actually discontinues, its provision of service
to all or substantially all of its Customers, whether voluntarily, as a result of
bankruptcy, or for any other reason, FCA shall send written notice of such
discontinuance to Frontier, the Commission, and each of FCA's Customers.
FCA shall provide such notice such number of days in advance of discontinuance
of its service as shall be required by Applicable Law. Unless the period for
advance notice of discontinuance of service required by Applicable Law is more
than thirt (30) days, to the extent commercially feasible, FCA shall send such
notice at least thirt (30) days prior to its discontinuance of service.
13.2 Such notice must advise each FCA Customer that unless action is taken by the
FCA Customer to switch to a different carrier prior to ***CUSTOMER
ACRONYM***'s proposed discontinuance of service, the FCA Customer wil be
without the service provided by FCA to the FCA Customer.
13.3 Should a FCA Customer subsequently become a Frontier Customer, FCA shall
provide Frontier with all information necessary for Frontier to establish service for
the FCA Customer, including, but not limited to, the FCA Customer's biled name,
listed name, service address, and billng address, and the services being
provided to the FCA Customer.
13.4 Nothing in this Section 13 shall limit Frontier's right to cancel or terminate this
Agreement or suspend provision of Services under this Agreement.
14. Dispute Resolution
14.1 Except as otherwise provided in this Agreement, any dispute between the Parties
regarding the interpretation or enforcement of this Agreement or any of its terms
shall be addressed by good faith negotiation between the Parties. To initiate
such negotiation, a Party must provide to the other Party written notice of the
dispute that includes both a detailed description of the dispute or alleged
FCA 10 Camp v3.3a _07142010 9
nonperfrmance and thè name of an individual who wil serve as the initiating
Part's representative in the negotiation. The other Part shall have ten
Business Days to designate its own representative in the negotiation. The
Parties' representatives shall meet at least once within 45 days after the date of
the initiating Part's written notice in an attempt to reach a good faith resolution
of the dispute. Upon agreement, the Parties' representatives may utilize other
alternative dispute resolution procedures such as private mediation to assist in
the negotiations.
14.2 If the Parties have been unable to resolve the dispute within 45 days of the date
of the initiating Part's written notice, either Party may pursue any remedies
available to it under this Agreement, at law, in equity, or otherwise, including, but
not limited to, instituting an appropriate proceeding before the Commission, the
FCC, or a court of competent jurisdiction.
15. Force Majeure
15.1 Neither Party shall be responsible for any delay or failure in performance which
results from causes beyond its reasonable control ("Force Majeure Events"),
whether or not foreseeable by such Part. Such Force Majeure Events include,
but are not limited to, adverse weather conditions, flood, fire, explosion,
earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil
commotion, act of public enemies, labor unrest (including, but not limited to,
strikes, work stoppages, slowdowns, picketing or boycotts), inabilty to obtain
equipment, parts, softare or repairs thereof, acts or omissions of the other
Part, and acts of God.
15.2 If a Force Majeure Event occurs, the non-performing Part shall give prompt
notification of its inabilty to perform to the other Part. During the period that the
non-performing Part is unable to perform, the other Party shall also be excused
from performance of its obligations to the extent such obligations are reciprocal
to, or depend upon, the performance of the non-performing Part that has been
prevented by the Force Majeure Event. The non-performing Part shall use
commercially reasonable efforts to avoid or remove the cause(s) of its non-
performance and both Parties shall proceed to perform once the cause(s) are
removed or cease.
15.3 Notwithstanding the provisions of Sections 15.1 and 15.2, in no case shall a
Force Majeure Event excuse either Party from an obligation to pay money as
required by this Agreement.
15.4 Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Part, in its sole discretion,
determines appropriate.
16. Forecasts
In addition to any other forecasts required by this Agreement, upon request by Frontier,
FCA shall provide to Frontier forecasts regarding the Services that FCA expects to
purchase from Frontier, including, but not limited to, forecasts regarding the types and
volumes of Services that FCA expects to purchase and the locations where such
Services wil be purchased.
17. Fraud
FCA assumes responsibilty for all fraud associated with its Customers and accounts.
Frontier shall bear no responsibilty for, and shall have no obligation to investigate or
FCA 10 Camp v3.3a _07142010 10
make adjustments to FCA 's account in cases of, fraud by FCA 's Customers or other
third parties.
18. Good Faith Penormance
The Parties shall act in good faith in their perfrmance of this Agreement. Except as
otherwise expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a Part's sole
discretion), where consent, approval, mutual agreement or a similar action is required by
any provision of this Agreement, such action shall not be unreasonably withheld,
conditioned or delayed. If and, to the extent that, Frontier, prior to the Effective Date of
this Agreement, has not provided in the of Idaho a Service offered under this Agreement,
Frontier reserves the right to negotiate in good faith with FCA reasonable terms and
conditions (including, without limitation, rates and implementation timeframes) for such
Service; and, if the Parties cannot agree to such terms and conditions (including, without
limitation, rates and implementation timeframes), either Part may utilze the Agreement's
dispute resolution procedures.
19. Headings
The headings used in the Principal Document are inserted for convenience of reference
only and are not intended to be a part of or to affect the meaning of the Principal
Document.
20. Indemnification
20.1 Each Party ("ndemnifying Part") shall indemnify, defend and hold harmless the
other Part ("Indemnified Part"), the Indemnified Part's Affliates, and the
directors, offcers and employees of the Indemnified Part and the Indemnified
Part's Affliates, from and against any and all Claims that arise out of bodily
injury to or death of any person, or damage to, or destruction or loss of, tangible
real and/or personal propert of any person, to the extent such injury, death,
damage, destruction or loss, was proximately caused by the grossly negligent or
intentionally wrongful acts or omissions of the Indemnifying Part, the
Indemnifying Party's Affliates, or the directors, offcers, employees, Agents or
contractors (excluding the Indemnified Part) of the Indemnifying Part or the
Indemnifying Part's Affliates, in connection with this Agreement.
20.2 Indemnification Process.
20.2.1 As used in this Section 20, "Indemnified Person" means a person
whom an Indemnifying Part is obligated to indemnify, defend and/or
hold harmless under Section 20.1.
20.2.2 An Indemnifying Part's obligations under Section 20.1 shall be
conditioned upon the following:
20.2.3 The Indemnified Person: (a) shall give the Indemnifying Part notice
of the Claim promptly after becoming aware thereof (including a
statement of facts known to the Indemnified Person related to the
Claim and an estimate of the amount thereof); (b) prior to taking any
material action with respect to a Third Part Claim, shall consult with
the Indemnifying Part as to the procedure to be followed in defending,
settling, or compromising the Claim; (c) shall not consent to any
settlement or compromise of a Third Party Claim without the written
consent of the Indemnifying Party; (d) shall permit the Indemnifying
Part to assume the defense of a Third Part Claim (including, except
FCA 10 Camp v3.3a _07142010 11
as provided below, the compromise or settlement thereof) at the
Indemnifying Part's own cost and expense, provided, however, that
the Indemnified Person shall have the right to approve the
Indemnifying Part's choice of legal counseL.
20.2.4 If the Indemnifed Person fails to comply with Section 20.2.3 with
respect to a Claim, to the extent such failure shall have a material
adverse effect upon the Indemnifying Part, the Indemnifying Part
shall be relieved of its obligation to indemnify, defend and hold
harmless the Indemnified Person with respect to such Claim under this
Agreement.
20.2.5 Subject to 20.2.6 and 20.2.7, below, the Indemnifying Part shall have
the authority to defend and settle any Third Part Claim.
20.2.6 With respect to any Third Part Claim, the Indemnified Person shall be
entitled to participate with the Indemnifying Part in the defense of the
Claim if the Claim requests equitable relief or other relief that could
affect the rights of the Indemnified Person. In so participating, the
Indemnified Person shall be entitled to employ separate counsel for
the defense at the Indemnified Person's expense. The Indemnified
Person shall also be entitled to participate, at its own expense, in the
defense of any Claim, as to any portion of the Claim as to which it is
not entitled to be indemnified, defended and held harmless by the
Indemnifying Party.
20.2.7 In no event shall the Indemnifying Party settle a Third Part Claim or
consent to any judgment with regard to a Third Part Claim without the
prior written consent of the Indemnified Part, which shall not be
unreasonably withheld, conditioned or delayed. In the event the
settlement or judgment requires a contribution from or affects the
rights of an Indemnified Person, the Indemnified Person shall have the
right to refuse such settlement or judgment with respect to itself and,
at its own cost and expense, take over the defense against the Third
Part Claim, provided that in such event the Indemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify or hold
harmless the Indemnified Person against, the Third Part Claim for
any amount in excess of such refused settement or judgment.
20.2.8 The Indemnified Person shall, in all cases, assert any and all
provisions in applicable Tariffs and Customer contracts that limit
liabilty to third persons as a bar to, or limitation on, any recovery by a
third-person claimant.
20.2.9 The Indemnifying Party and the Indemnified Person shall offer each
other all reasonable cooperation and assistance in the defense of any
Third Party Claim.
20.3 Each Part agrees that it wil not impede or bring any action against the other
Part, the other Party's Affliates, or any of the directors, offcers or employees of
the other Party or the other Part's Affliates, based on any claim by any person
for personal injury or death that occurs in the course or scope of employment of
such person by the other Part or the other Part's Affliate and that arises out of
performance of this Agreement.
20.4 Each Part's obligations under this Section 20 shall survive expiration,
cancellation or termination of this Agreement.
FCA 10 Camp v3.3a _07142010 12
21. Insurance
21.1 FCA shall maintain during the term of this Agreement and for a period of two
years thereafter all insurance required to satisfy its obligations under this
Agreement (including, but not limited to, its obligations set forth in Section 20
hereof) and all insurance required by Applicable Law. The insurance shall be
obtained from an insurer having an A.M. Best insurance rating of at least A-,
financial size category VII or greater. At a minimum and without limiting the
foregoing undertaking, FCA shall maintain the following insurance:
21.1.1
21.1.2
21.1.3
21.1.4
21.1.5
Commercial General Liabilty Insurance, on an occurrence basis,
including but not limited to, premises-operations, broad form propert
damage, products/completed operations, contractual liabilty,
independent contractors, and personal injury, with limits of at least
$2,000,000 combined single limit for each occurrence.
Commercial Motor Vehicle Liability Insurance covering all owned,
hired and non-owned vehicles, with limits of at least $2,000,000
combined single limit for each occurrence.
Excess Liabilty Insurance, in the umbrella form, with limits of at least
$10,000,000 combined single limit for each occurrence.
Workets Compensation Insurance as required by Applicable Law and
Employer's Liability Insurance with limits of not less than $2,000,000
per occurrence.
All risk propert insurance on a full replacement cost basis for all of
FCA 's real and personal propert located at any Collocation site or
otherwise located on or in any Frontier premises (whether owned,
leased or otherwise occupied by Frontier), facilty, equipment or right-
of-way.
21.2 Any deductibles, self-insured retentions or loss limits ("Retentions") for the
foregoing insurance must be disclosed on the certificates of insurance to be
provided to Frontier pursuant to Sections 21.4 and 21.5, and Frontier reserves
the right to reject any such Retentions in its reasonable discretion. All Retentions
shall be the responsibilty of FCA.
21.3 FCA shall name Frontier and Frontier's Affliates as additional insureds on the
foregoing liability insurance.
21.4 FCA shall, within two (2) weeks of the Effective Date hereof at the time of each
renewal of, or material change in, FCA 's insurance policies, and at such other
times as Frontier may reasonably specify, furnish certificates or other proof of the
foregoing insurance reasonably acceptable to Frontier. The certficates or other
proof of the foregoing insurance shall be sent to: Frontier Communications, Attn:
Director Carrier Service, 180 South Clinton Avenue, Rochester, New York 14646.
21.5 FCA shall require its contractors, if any, that may enter upon the premises or
access the facilties or equipment of Frontier or Frontier's affliates to maintain
insurance in accordance with Sections Errorl Reference source not found.
through Errorl Reference source not found. and, if requested, to furnish
Frontier certificates or other adequate proof of such insurance acceptable to
Frontier in accordance with Section 21.4.
FCA 10 Camp v3.3a _07142010 13
21.6 Failure of FCA or FCA 's contractors to maintain insurance and provide
certificates of insurance as required in Sections Errorl Reference source not
found. through 21.5, above, shall be deemed a material breach of this
Agreement.
21.7 Certificates furnished by FCA or FCA 's contractors shall contain a clause
stating: "Frontier Communications Northwest Inc. shall be notified in writing at
least thirt (30) days prior to cancellation of, or any material change in, the
insurance."
22. Intellectual Property
22.1 Except as expressly stated in this Agreement, this Agreement shall not be
construed as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other intellectual propert,
now or hereafter owned, controlled or licensable by either Party. Except as
expressly stated in this Agreement, neither Party may use any patent,
copyrightable materials, trademark, trade name, trade secret or other intellectual
property right, of the other Party except in accordance with the terms of a
separate license agreement between the Parties granting such rights.
22.2 Except as stated in Section 22.4, neither Part shall have any obligation to
defend, indemnify or hold harmless, or acquire any license or right for the benefit
of, or owe any other obligation or have any liabilty to, the other Party or its
Affliates or Customers based on or arising from any Third Part Claim alleging or
asserting that the provision or use of any service, facilty, arrangement, or
softare by either Part under this Agreement, or the performance of any service
or method, either alone or in combination with the other Part, constitutes direct,
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual propert right of any Party or third person. Each Party,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
22.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE
PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE
DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE
USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDER
THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY
RIGHT.
22.4 FCA agrees that the Services provided by Frontier hereunder shall be subject to
the terms, conditions and restrictions contained in any applicable agreements
(including, but not limited to softare or other intellectual property license
agreements) between Frontier and Frontier's vendors. Frontier agrees to advise
FCA, directly or through a third part, of any such terms, conditions or
restrictions that may limit any FCA use of a Service provided by Frontier that is
otherwise permitted by this Agreement. At FCA 's written request, to the extent
required by Applicable Law, Frontier wil use Frontier's best efforts, as
commercially practicable, to obtain intellectual propert rights from Frontier's
vendor to allow FCA to use the Service in the same manner as Frontier that are
coextensive with Frontier's intellectual propert rights, on terms and conditions
that are equal in quality to the terms and conditions under which Frontier has
obtained Frontier's intellectual propert rights. FCA shall reimburse Frontier for
the cost of obtaining such rights.
FCA 10 Camp v3.3a _07142010 14
23. Joint Work Product
The Principal Document is the joint work product of the Partes, has been negotiated by
the Parties, and shall be fairly interpreted in accordance with its terms. In the event of
any ambiguities, no inferences shall be drawn against either Part.
24. Law Enforcement
24.1 Each Party may cooperate with law enforcement authorities and national security
authorities to the full extent required or permitted by Applicable Law in matters
related to Services provided by it under this Agreement, including, but not limited
to, the production of records, the establishment of new lines or the installation of
new services on an existing line in order to support law enforcement and/or
national security operations, and, the installation of wiretaps, trap-and-trace
faciliies and equipment, and dialed number recording facilities and equipment.
24.2 A Party shall not have the obligation to inform the other Part or the Customers
of the other Party of actions taken in cooperating with law enforcement or
national security authorities, except to the extent required by Applicable Law.
24.3 Where a law enforcement or national security request relates to the
establishment of lines (including, but not limited to, lines established to support
interception of communications on other lines), or the installation of other
services, facilities or arrangements, a Part may act to prevent the other Part
from obtaining access to information concerning such lines, services, facilties
and arrangements, through operations support system interfaces.
25. Liabilty
25.1 As used in this Section 25, "Service Failure" means a failure to comply with a
direction to install, restore or terminate Services under this Agreement, a failure
to provide Services under this Agreement, and failures, mistakes, omissions,
interruptions, delays, errors, defects or the like, occurring in the course of the
provision of any Services under this Agreement.
25.2 Except as otherwise stated in Section 25.5, the liability, if any, of a Part, a
Part's Affliates, and the directors, offcers and employees of a Party and a
Part's Affliates, to the other Party, the other Part's Customers, and to any
other person, for Claims arising out of a Service Failure shall not exceed an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure occurs.
25.3 Except as otherwise stated in Section 25.5, a Party, a Part's Affliates, and the
directors, offcers and employees of a Part and a Part's Affliates, shall not be
liable to tt:e other Part, the other Party's Customers, or to any other person, in
connection with this Agreement (including, but not limited to, in connection with a
Service Failure or any breach, delay or failure in performance, of this Agreement)
for special, indirect, incidental, consequential, reliance, exemplary, punitive, or
like damages, including, but not limited to, damages for lost revenues, profits or
savings, or other commercial or economic loss, even if the person whose liability
is excluded by this Section has been advised of the possibilty of such damages.
25.4 The limitations and exclusions of liabilty stated in Sections 25.1 through 25.3
shall apply regardless of the form of a claim or action, whether statutory, in
contract, warranty, strict liabilty, tort (including, but not limited to, negligence of a
Part), or otherwise.
FCA 10 Camp v3.3a _07142010 15
25.5 Nothing contained in Sections 25.1 through 25.4 shall exclude or limit liabilty:
25.5.1
25.5.2
25.5.3
25.5.4
25.5.5
under Sections 20, Indemnification, or 41, Taxes.
for any obligation to indemnify, defend and/or hold harmless that a
Part may have under this Agreement.
for damages arising out of or resulting from bodily injury to or death of
any person, or damage to, or destructon or loss of, tangible real
and/or personal property of any person, or Toxic or Hazardous
Substances, to the extent such damages are otherwise recoverable
under Applicable Law;
for a claim for infringement of any patent, copyright, trade name, trade
mark, service mark, or other intellectual propert interest;
under Section 258 of the Act or any order of FCC or the Commission
implementing Section 258; or
under the financial incentive or remedy provisions of any service
quality plan required by the FCC or the Commission.
25.6 In the event that the liability of a Party, a Party's Affliate, or a director, offcer or
employee of a Part or a Part's Affliate, is limited and/or excluded under both
this Section 25 and a provision of an applicable Tariff, the liabilty of the Part or
other person shall be limited to the smaller of the amounts for which such Part
or other person would be liable under this Section or the Tariff provision.
25.5.6
25.7 Each Part shall, in its tariffs and other contracts with its Customers, provide that
in no case shall the other Part, the other Part's Affliates, or the directors,
offcers or employees of the other Party or the other Part's Affliates, be liable to
such Customers or other third-persons for any special, indirect, incidental,
consequential, reliance, exemplary, punitive or other damages, arising out of a
Service Failure.
26. Network Management
26.1 Cooperation. The Parties wil work cooperatively in a commercially reasonable
manner to install and maintain a reliable network. FCA and Frontier wil
exchange appropriate information (e.g., network information, maintenance
contact numbers, escalation procedures, and information required to comply with
requirements of law enforcement and national security agencies) to achieve this
desired reliabilty. In addition, the Parties wil work cooperatively in a
commercially reasonable manner to apply sound network management principles
to alleviate or to prevent traffc congestion and subject to Section 17, to minimize
fraud associated with third number biled calls, callng card calls, and other
services related to this Agreement.
26.2 Responsibilty for Following Standards. Each Part recognizes a responsibilty to
follow the standards that may be agreed to between the Parties and to employ
characteristics and methods of operation that wil not interfere with or impair the
service, network or facilties of the other Party or any third parties connected with
or involved directly in the network or facilties of the other.
26.3 Interference or Impairment. If a Part ("Impaired Part") reasonably determines
that the services, network, facilties, or methods of operation, of the other Part
("Interfering Part") will or are likely to interfere with or impair the Impaired Party's
FCA 10 Camp v3.3a _07142010 16
provision of services or the operation of the Impaired Part's network or facilities,
the Impaired Party may interrupt or suspend any Service provided to the
Interfering Party to the extent necessary to prevent such interference or
impairment, subject to the following:
26.3.1 Except in emergency situations (e.g., situations involving a risk of
bodily injury to persons or damage to tangible propert, or an
interruption in Customer service) or as otherwise provided in this
Agreement, the Impaired Party shall have given the Interfering Part at
least ten (10) days' prior written notice of the interference or
impairment or potential interference or impairment and the need to
correct the condition within said time period; and taken other actions, if
any, required by Applicable Law; and,
26.3.2 Upon correction of the interference or impairment, the Impaired Party
wil promptly restore the interrupted or suspended Service. The
Impaired Part shall not be obligated to provide an out-of-service
credit allowance or other compensation to the Interfering Party in
connection with the suspended Service.
26.4 Outage Repair Standard. In the event of an outage or trouble in any Service
being provided by a Party hereunder, the Providing Party wil follow Frontier's
standard procedures for isolating and clearing the outage or trouble.
27. Non-Exclusive Remedies
Except as otherwise expressly provided in this Agreement, each of the remedies
provided under this Agreement is cumulative and is in addition to any other remedies that
may be available under this Agreement or at law or in equity.
28. Notice of Network Changes
If a Part makes a change in the information necessary for the transmission and routing
of services using that Part's facilties or network, or any other change in its facilties or
network that wil materially affect the interoperabilty of its facilties or network with the
other Part's facilities or network, the Part making the change shall publish notice of the
change at least ninety (90) days in advance of such change, and shall use reasonable
efforts, as commercially practicable, to publish such notice at least one hundred eighty
(180) days in advance ofthe change; provided, however, that if an earlier publication of
notice of a change is required by Applicable Law (including, but not limited to, 47 CFR
51.325 through 51.335) notice shall be given at the time required by Applicable Law.
29. Notices
29.1 Except as otherwise provided in this Agreement, notices given by one Part to
the other Part under this Agreement:
29.1.1 shall be in writing;
29.1.2 shall be delivered (a) personally, (b) by express delivery service with
next Business Day delivery, (c) by first class, certified or registered
U.S. mail, postage prepaid, or (d) by facsimile telecopy, with a copy
delivered in accordance with (a), (b) or (c), preceding; and
29.1.3 shall be delivered to the following addresses of the Parties:
FCA 10 Camp v3.3a _07142010 17
To FCA:
West Region Legal Department Associate General Counsel
9324 West Stockton Blvd.
Elk Grove, CA 95758
Telephone Number: 916-686-3117
Facsimile Number: 916-686-3569
Internet Address: Phylls.whittentæFTR.com
To Frontier:
Frontier Communication
Attn: Director, Carrier Service
180 South Clinton Avenue
Rochester, NY 14646
Telephone: [phone]
with a copy to:
Frontier Communications
Attn: Associate General Counsel
180 S. Clinton Ave., 7th Floor
Rochester, NY 14646
or to such other address as either Part shall designate by proper notice.
Notices wil be deemed given as of the earlier of (a) where there is personal
delivery of the notice, the date of actual receipt, (b) where the notice is sent via
express delivery service for next Business Day delivery, the next Business Day
after the notice is sent, (c) where the notice is sent via First Class U.S. Mail,
three (3) Business Days after mailng, (d) where notice is sent via certified or
registered U.S. mail, the date of receipt shown on the Postal Service receipt, and
(e) where the notice is sent via facsimile telecopy, if the notice is sent on a
Business Day and before 5 PM. in the time zone where it is received, on the date
set forth on the telecopy confirmation, or if the notice is sent on a non-Business
Day or if the notice is sent after 5 PM in the time zone where it is received, the
next Business Day after the date set forth on the telecopy confirmation.
FCA shall notify Frontier, by written notice pursuant to this Section 29, of any
changes in the addresses or other FCA contact information identified under
Section 29.1.3 above.
30. Ordering and Maintenance
FCA shall use Frontier's electronic Operations Support System access platforms to
submit Orders and requests for maintenance and repair of Services, and to engage in
other pre-ordering, ordering, provisioning, maintenance and repair transactions. If
Frontier has not yet deployed an electronic capabilty for FCA to perform a pre-ordering,
ordering, provisioning, maintenance or repair, transaction offered by Frontier, FCA shall
use such other processes as Frontier has made available for performing such transaction
(including, but not limited, to submission of Orders by telephonic facsimile transmission
and placing trouble reports by voice telephone transmission).
31. Performance Standards
FCA 10 Camp v3.3a _07142010 18
31.1 Frontier shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law, including, but not limited to,
Section 251(c) of the Act.
31.2 FCA shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
32. Point of Contact for FCA Customers
32.1 FCA shall establish telephone numbers and mailing addresses at which FCA
Customers may communicate with FCA and shall advise FCA Customers of
these telephone numbers and mailng addresses.
32.2 Except as otherwise agreed to by Frontier, Frontier shall have no obligation, and
may decline, to accept a communication from a FCA Customer, including, but not
limited to, a FCA Customer request for repair or maintenance of a Frontier
Service provided to FCA.
33. Predecessor Agreements
33.1 Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties:
Further to the provisions of Section 1 of the General Terms and
Conditions of this Agreement, any prior interconnection or resale
agreement between the Parties for the State of Idaho pursuant to
Section 252 of the Act and in effect prior to the Effective Date is
hereby amended, extended and restated; and
any Services that were purchased by one Part from the other Part
under a prior interconnection or resale agreement between the Parties
for the State of Idaho pursuant to Section 252 of the Act and in effect
prior to the Effective Date, shall as of the Effective Date be subject to
and purchased under this Agreement.
33.2 Except as otherwise agreed in writing by the Parties, if a Service purchased by a
Party under a prior interconnection or resale agreement between the Parties
pursuant to Section 252 of the Act was subject to a contractual commitment that
it would be purchased for a period of longer than one month, and such period
had not yet expired as of the Effective Date and the Service had not been
terminated prior to the Effective Date, to the extent not inconsistent with this
Agreement, such commitment shall remain in effect and the Service wil be
purchased under this Agreement; provided, that if this Agreement would
materially alter the terms of the commitment, either Part may elect to cancel the
commitment.
33.1.1
33.1.2
33.3 If either Part elects to cancel the commitment pursuant to the proviso in Section
33.2, the Purchasing Party shall not be liable for any termination charge that
would otherwise have applied. However, if the commitment was cancelled by the
Purchasing Party, the Providing Part shall be entitled to payment from the
Purchasing Party of the difference between the price of the Service that was
actually paid by the Purchasing Part under the commitment and the price of the
Service that would have applied if the commitment had been to purchase the
Service only until the time that the commitment was cancelled.
34. Publicity and Use of Trademarks or Service Marks
FCA 10 Camp v3.3a _07142010 19
34.1 A Party, its Affliates, and their respective contractors and Agents, shall not use
the other Part's trademarks, service marks, logos or other proprietary trade
dress, in connection with the sale of products or services, or in any advertising,
press releases, publicity matters or other promotional materials, unless the other
Part has given its written consent for such use, which consent the other Party
may grant or withhold in its sole discretion.
34.2 Neither Party may imply any direct or indirect affliation with or sponsorship or
endorsement of it or its services or products by the other Part.
34.3 Any violation of this Section 34 shall be considered a material breach of this
Agreement.
35. References
35.1 All references to Sections, Appendices and Exhibits shall be deemed to be
references to Sections, Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
35.2 Unless the context shall otherwise require, any reference to a Tariff, agreement,
technical or other document (including Frontier or third part guides, practices or
handbooks), or provision of Applicable Law, is to such Tariff, agreement,
document, or provision of Applicable Law, as amended and supplemented from
time to time (and, in the case of a Tariff or provision of Applicable Law, to any
successor Tariff or provision).
36. Relationship of the Parties
36.1 The relationship of the Parties under this Agreement shall be that of independent
contractors and nothing herein shall be construed as creating any other
relationship between the Parties.
36.2 Nothing contained in this Agreement shall make either Part the employee of the
other, create a partnership, joint venture, or other similar relationship between
the Parties, or grant to either Party a franchise, distributorship or similar interest.
36.3 Except for provisions herein expressly authorizing a Part to act for another
Party, nothing in this Agreement shall constitute a Party as a legal representative
or Agent of the other Party, nor shall a Part have the right or authority to
assume, create or incur any liabilty or any obligation of any kind, express or
implied, against, in the name or on behalf of the other Part unless otherwise
expressly permitted by such other Part in writing, which permission may be
granted or withheld by the other Part in its sole discretion.
36.4 Each Part shall have sole authority and responsibility to hire, fire, compensate,
supervise, and otherwise control its employees, Agents and contractors. Each
Party shall be solely responsible for payment of any Social Security or other
taxes that it is required by Applicable Law to pay in conjunction with its
employees, Agents and contractors, and for withholding and remitting to the
applicable taxing authorities any taxes that it is required by Applicable Law to
collect from its employees.
36.5 Except as otherwise expressly provided in this Agreement, no Part undertakes
to perform any obligation of the other Party, whether regulatory or contractual, or
to assume any responsibility for the management of the other Party's business.
FCA 10 Camp v3.3a _07142010 20
36.6 The relationship of the Parties under this Agreement is a non-exclusive
relationship.
37. Reservation of Rights
37.1 Notwithstanding anything to the contrary in this Agreement, neither Part waives,
and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise
seek the reversal of and changes in any arbitration decision associated with this
Agreement; (b) to challenge the lawfulness of this Agreement and any provision
of this Agreement; (c) to seek changes in this Agreement (including, but not
limited to, changes in rates, charges and the Services that must be offered)
through changes in Applicable Law; (d) to challenge the lawfulness and propriety
of, and to seek to change, any Applicable Law, including, but not limited to any
rule, regulation, order or decision of the Commission, the FCC, or a court of
applicable jurisdiction; and (e) to collect debts owed to it under any prior
interconnection or resale agreements. Nothing in this Agreement shall be
deemed to limit or prejudice any position a Party has taken or may take before
the Commission, the FCC, any other state or federal regulatory or legislative
bodies, courts of applicable jurisdiction, or industry fora. The provisions of this
Section shall survive the expiration, cancellation or termination of this
Agreement.
37.2 FCA acknowledges FCA has been advised by Frontier that it is Frontier's position
that this Agreement contains certain provisions which are intended to reflect
Applicable Law and Commission and/or FCC arbitration decisions.
38. Subcontractors
A Party may use a contractor of the Part (including, but not limited to, an Affliate of the
Part) to perform the Part's obligations under this Agreement; provided, that a Party's
use of a contractor shall not release the Part from any duty or liability to fulfill the Part's
obligations under this Agreement.
39. Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective legal successors and permitted assigns.
40. Survival
The rights, liabilties and obligations of a Part for acts or omissions occurrng prior to the
expiration, cancellation or termination of this Agreement, the rights, liabilties and
obligations of a Part under any provision of this Agreement regarding confidential
information (including but not limited to, Section 10), indemnification or defense
(including, but not limited to, Section 20), or limitation or exclusion of liabilty (including,
but not limited to, Section 25), and the rights, liabilties and obligations of a Part under
any provision of this Agreement which by its terms or nature is intended to continue
beyond or to be performed after the expiration, cancellation or termination of this
Agreement, shall survive the expiration, cancellation or termination of this Agreement.
41. Taxes
41.1 In General. With respect to any purchase of Services under this Agreement, if
any federal, state or local tax, fee, surcharge or other tax-like charge, excluding
any tax levied on property or net income, (a "Tax") is required or permitted by
Applicable Law or a Tariff to be collected from the Purchasing Part by the
Providing Part, then (a) the Providing Part shall bill the Purchasing Part for
FCA 10 Camp v3.3a _07142010 21
such Tax, as a separately stated item on the invoice, (b) the Purchasing Party
shall timely remit such Tax to the Providing Party and (c) the Providing Part
shall timely remit such collected Tax to the applicable taxing authority as and to
the extent required by Applicable Law.
41.2 Taxes Imposed on the Providing Party or Receipts. With respect to any
purchase of Services under this Agreement, if any federal, state or local Tax is
imposed by Applicable Law on the receipts of the Providing Part, and such
Applicabie Law permits the Providing Part to exclude certain receipts received
from sales to a public utilty, distributor, telephone company, local exchange
carrier, telecommunications company or other communications company
("Telecommunications Company"), such exclusion being based on the fact that
the Purchasing Part is also subject to a tax based upon receipts ("Receipts
Tax"), then the Purchasing Party shall pay and remit the Receipts Tax as
required by Applicable Law.
41.3 Taxes i mposed on Subscriber. With respect to any purchase of Services under
this Agreement that are resold to a third part, if any federal, state or local Tax is
imposed by Applicable Law on the subscriber, end-user, customer or ultimate
consumer ("Subscriber") in connection with any such purchase, which a
Telecommunications Company is required to impose and/or collect from a
Subscriber, or if any federal, state or local Tax is imposed on the Providing Party
and required by Applicable Law to be passed through to the Subscriber, then the
Purchasing Part (a) shall impose and/or collect such Tax from the Subscriber
and (b) shall timely remit such Tax to the applicable taxing authority.
41.4 Tax Exemptions and Exemption Certificates. If Applicable Law clearly exempts a
purchase hereunder from a Tax, and if such Applicable Law also provides an
exemption procedure, such as an exemption certificate requirement, then, if the
Purchasing Party complies with such procedure, the Providing Part shall not
collect such Tax during the effective period of such exemption. Such exemption
shall be effective upon receipt of the exemption certificate or affdavit in
accordance with the terms set forth in Section 41.7. If Applicable Law clearly
exempts a purchase hereunder from a Tax, but does not also provide an
exemption procedure, then the Providing Part shall not collect such Tax if the
Purchasing Part (a) furnishes the Providing Part with a letter signed by an
offcer requesting such an exemption and citing the provision in the Applicable
Law which clearly allows such exemption and (b) supplies the Providing Part
with an indemnification agreement, acceptable to the Providing Party, which
holds the Providing Part harmless on an after-tax basis with respect to its
forbearing to collect such Tax.
41.5 Liabilty for Uncollected Tax, Interest and Penalty.
41.5.1 If the Providing Party has not received an exemption certificate from
the Purchasing Part and the Providing Part fails to bil the
Purchasing Part for any Tax as required by Section 41.1, then, as
between the Providing Part and the Purchasing Party, (a) the
Purchasing Part shall remain liable for such unbiled Tax and any
interest assessed thereon and (b) the Providing Part shall be liable
for any penalty assessed with respect to such unbiled Tax by a taxing
authority.
41.5.2 If the Providing Part properly bils the Purchasing Part for any Tax
but the Purchasing Party fails to remit such Tax to the Providing Party
as required by Section 41.2, then, as between the Providing Party and
the Purchasing Party, the Purchasing Party shall be liable for such
FCA 10 Camp v3.3a _07142010 22
uncollected Tax and any interest assessed thereon, as well as any
penalty assessed with respect to such uncollected Tax by the
applicable taxing authority.
If the Providing Party does not collect any Tax as required by Section
41.1 because the Purchasing Party has provided such Providing Part
with an exemption certificate that is later found to be inadequate,
invalid or inapplicable by a taxing authority, then, as between the
Providing Part and the Purchasing Part, the Purchasing Party shall
be liable for such uncollected Tax and any interest assessed thereon,
as well as any penalty assessed with respect to such uncollected Tax
by the applicable taxing authority.
If the Purchasing Party fails to pay the Receipts Tax as required by
Section 41.2, then, as between the Providing Party and the
Purchasing Part, (a) the Providing Part shall be liable for any Tax
imposed on its receipts and (b) the Purchasing Part shall be liable for
any interest assessed thereon and any penalty assessed upon the
Providing Part with respect to such Tax by the applicable taxing
authority.
If the Purchasing Party fails to impose and/or collect any Tax from
Subscribers as required by Section 41.3, then, as between the
Providing Part and the Purchasing Part, the Purchasing Part shall
remain liable for such uncollected Tax and any interest assessed
thereon, as well as any penalty assessed with respect to such
uncollected Tax by the applicable taxing authority. With respect to any
Tax that the Purchasing Party has agreed to pay, or is required to
impose on and/or collect from Subscribers, the Purchasing Part
agrees to indemnify and hold the Providing Party harmless on an after-
tax basis for any costs incurred by the Providing Part as a result of
actions taken by the applicable taxing authority to recover the Tax
from the Providing Part due to the failure of the Purchasing Party to
timely pay, or collect and timely remit, such Tax to such authority.
41.6 Audit Cooperation. In the event either Part is audited by a taxing authority, the
other Part agrees to cooperate fully with the Party being audited in order to
respond to any audit inquiries in a proper and timely manner so that the audit
and/or any resulting controversy may be resolved expeditiously.
41.5.3
41.5.4
41.5.5
41.7 Notices. All notices, affdavits, exemption-certificates or other communications
required or permitted to be given by either Part to the other, for purposes of this
Section 41, shall be made in writing and shall be delivered in person or sent by
certified mail, return receipt requested, or registered mail, or a courier service
providing proof of service, and sent to the addressees set forth in Section 29 as
well as to the following:
To Frontier:
To FCA:
FCA 10 Camp v3.3a _07142010
Frontier Communications
Tax Department
180 S. Clinton Avenue
Rochester, New York 14646
23
FCA
Attn: West Region Legal Department
9324 West Stockton Blvd
Elk Grove, CA 95758
Each Part may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section. Any
notice or other communication shall be deemed to be given when received.
42. Technology Upgrades
Notwithstanding any other provision of this Agreement, Frontier shall have the right to
deploy, upgrade, migrate and maintain its network at its discretion. The Parties
acknowledge that Frontier, at its election, may deploy fiber throughout its network and
that such fiber deployment may inhibit or faciliate FCA 's ability to provide service using
certain technologies. Nothing in this Agreement shall limit Frontier's ability to modify its
network through the incorporation of new equipment or softare or otherwise. FCA shall
be solely responsible for the cost and activities associated with accommodating such
changes in its own network.
43. Territory
43.1 This Agreement applies to the territory in which Frontier operates as an
Incumbent Local Exchange Carrier in the State of Idaho. Frontier shall be
obligated to provide Services under this Agreement only within this territory.
43.2 Notwithstanding any other provision of this Agreement, Frontier may terminate
this Agreement as to a specific operating territory or portion thereof if Frontier
sells or otherwise transfers its operations in such territory or portion thereof to a
third-person. Frontier shall provide FCA with at least 90 calendar days prior
written notice of such termination, which shall be effective upon the date
specified in the notice.
44. Third Party Beneficiaries
Except as expressly set forth in this Agreement, this Agreement is for the sole benefit of
the Parties and their permitted assigns, and nothing herein shall create or be construed
to provide any third-persons (including, but not limited to, Customers or contractors of a
Party) with any rights (including, but not limited to, any third-party beneficiary rights)
hereunder. Except as expressly set forth in this Agreement, a Part shall have no liabilty
under this Agreement to the Customers of the other Part or to any other third person.
45. (This Section Intentionally Left Blank)
46. 252(i) Obligations
To the extent required by Applicable Law, each Party shall comply with Section 252(i) of
the Act. To the extent that the exercise by FCA of any rights it may have under Section
252(i) results in the rearrangement of Services by Frontier, FCA shall be solely liable for
all costs associated therewith, as well as for any termination charges associated with the
termination of existing Frontier Services.
47. Use of Service
Each Part shall make commercially reasonable efforts to ensure that its Customers
comply with the provisions of this Agreement (including, but not limited to the provisions
FCA 10 Camp v3.3a _07142010 24
of applicable Tariffs) applicable to the use of Services purchased by it under this
Agreement.
48. Waiver
A failure or delay of either Party to enforce any of the provisions of this Agreement, or
any right or remedy available under this Agreement or at law or in equity, or to require
performance of any of the provisions of this Agreement, or to exercise any option which is
provided under this Agreement, shall in no way be construed to be a waiver of such
provisions, rights, remedies or options.
49. Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES
OR RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICES PROVIDED, OR TO BE PROVIDED, UNDER THIS AGREEMENT AND THE
PARTIES DISCLAIM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT, AND
WARRANTIES ARISING BY TRADE CUSTOM, TRADE USAGE, COURSE OF
DEALING OR PERFORMANCE, OR OTHERWISE.
50. Withdrawal of Services
50.1 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Frontier may terminate its offering and/or provision
of any Service under this Agreement upon thirty (30) days prior written notice to
FCA.
50.2 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Frontier may with thirt (30) days prior written notice
to FCA terminate any provision of this Agreement that provides for the payment
by Frontier to FCA of compensation related to traffc, including, but not limited to,
Reciprocal Compensation and other types of compensation for termination of
traffc delivered by Frontier to FCA. Following such termination, except as
otherwise agreed in writing by the Parties, Frontier shall be obligated to provide
compensation to FCA related to traffc only to the extent required by Applicable
Law. If Frontier exercises its right of termination under this Section, the Parties
shall negotiate in good faith appropriate substitute provisions for compensation
related to traffc; provided, however, that except as otherwise voluntarily agreed
by Frontier in writing in its sole discretion, Frontier shall be obligated to provide
compensation to FCA related to traffc only to the extent required by Applicable
Law. If within thirt (30) days after Frontier's notice of termination the Parties are
unable to agree in writing upon mutually acceptable substitute provisions for
compensation related to traffc, either Part may submit their disagreement to
dispute resolution in accordance with Section 14 of this Agreement.
FCA 10 Camp v3.3a _07142010 25
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
R COMMUNICATIONS OF AMERICA,FRONTIER COMMUNICATIONS NORTHWEST
INC.
By:££-By:
Printed: Denise Baumbach Printed: Stephen Levan
Title: President, West Region Title: SVP, Carrier Sales and Services
FCA 10 Camp v3.3a _07142010 26
GLOSSARY
1. General Rule
1.1 The provisions of Sections 1.2 through 1.4 and Section 2 apply with regard to the
Principal Document. Terms used in a Tariff shall have the meanings stated in
the Tariff.
1.2 Unless the context clearly indicates otherwise, when a term listed in this Glossary
is used in the Principal Document, the term shall have the meaning stated in this
Glossary. A defined term intended to convey the meaning stated in this Glossary
is capitalized when used. Other terms that are capitalized, and not defined in this
Glossary or elsewhere in the Principal Document, shall have the meaning stated
in the Act. Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision. To
the extent that there may be any conflict between a definition set forth in this
Glossary and any definition in a specific provision, the definition set forth in the
specific provision shall control with respect to that provision.
1.3 Unless the context clearly indicates otherwise, any term defined in this Glossary
which is defined or used in the singular shall include the plural, and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
1.4 The words .shall" and "will" are used interchangeably throughout the Principal
Document and the use of either indicates a mandatory requirement. The use of
one or the other shall not confer a different degree of right or obligation for either
Part.
2. Definitions
2.1 Act.
The Communications Act of 1934 (47 U.S.C. §151 et seq.), as from time to time
amended (including, but not limited to, by the Telecommunications Act of 1996).
2.2 Advanced Services.
As a general matter, shall have the meaning set forth by the FCC.
2.3 Affliate.
Shall have the meaning set forth in the Act.
2.4 Agent.
An agent or servant.
2.5 Agreement.
This Agreement, as defined in Section 1 of the General Terms and Conditions.
2.6 ALI (Automatic Location Identification) Database.
The emergency services (E-911) database controlled by Frontier containing
FCA 10 Camp v3.3a _07142010 27
caller address/location information including the carrier name, National
Emergency Numbering Administration ("NENA") ID, Call Back Number, and other
carrier information used to process caller location records.
2.7 Ancilary Traffc.
All traffc that is destined for ancilary services, or that may have special billng
requirements, including but not limited to the following: directory assistance,
911/E-911, operator services (IntraLATA call completion), IntraLATA third part,
collect and calling card, 800/888 database query and L1DB.
2.8 ANI (Automatic Number Identification).
The signaling parameter that refers to the number transmitted through the
network identifying the biling number of the callng part.
2.9 Applicable Law.
All effective laws, government regulations and government orders, applicable to
each Party's performance of its obligations under this Agreement. For the
avoidance of any doubt, when used in relation to unbundled Network Elements or
Combinations of unbundled Network Elements, the term "Applicable Law" means
the Federal Unbundling Rules.
2.10 ASR (Access Service Request).
An industry standard form, which contains data elements and usage rules used
by the Parties to add, establish, change or disconnect services or trunks for the
purposes of interconnection.
2.11 ATIS.
The Alliance for Telecommunications Industry Solutions.
2.12 BFR (Bona Fide Request).
The process described in the Network Element Attachment that prescribes the
terms and conditions relating to a Party's request that the other Part provide a
UNE that it is not otherwise required to provide under the terms of this
Agreement.
2.13 Business Day.
Monday through Friday, except for holidays observed by Frontier.
2.14 Calendar Quarter.
January through March, April through June, July through September, or October
through December.
2.15 Calendar Year.
January through December.
2.16 (Intentionally Left Blank).
2.17 Call Back Number.
FCA 10 Camp v3.3a _07142010 28
A telephone number that can be used by the PSAP to re-contact the location
from which a 911/E-911 Call was placed. The telephone number may ormay not
be the telephone number of the station used to originate the 911/E-911 CalL.
2.18 CCS (Common Channel Signaling).
A method of transmittng call set-up and network control data over a digital
signaling network separate from the public switched telephone network facilities
that carry the actual voice or data content of the calL.
2.19 Central Offce.
An End Offce or Tandem. Sometimes this term is used to refer to a telephone
company building in which switching systems and telephone equipment are
installed.
2.20 (Intentionally Left Blank).
2.21 Claims.
Any and all claims, demands, suits, actions, settlements, judgments, fines,
penalties, liabilties, injuries, damages, losses, costs (including, but not limited to,
court costs), and expenses (including, but not limited to, reasonable attorney's
fees).
2.22 CLEC (Competitive Local Exchange Carrier).
Any Local Exchange Carrier other than Frontier that is operating as a Local
Exchange Carrier in the territory in which Frontier operates as an ILEC in the
State of Idaho. FCA is or shortly wil become a CLEC.
2.23 CLLI Codes.
Common Language Location Identifier Codes.
2.24 CMDS (Centralized Message Distribution System).
The billng record and clearing house transport system that LECs use to
exchange out collects and in collects as well as Carrier Access Billng System
(CABS) records.
2.25 Commission.
Idaho Public Utilities Commission.
2.26 Controlling 911 Authority.
The duly authorized state, county or local government agency empowered by law
to oversee the 911/E-911 services, operations and systems within a defined
jurisdiction.
2.27 CPN (Callng Party Number).
A CCS parameter that identifies the callng part's telephone number.
2.28 CPNI (Customer Proprietary Network Information).
FCA 10 Camp v3.3a _o7142010 29
Shall have the meaning set forth in Section 222 of the Act, 47 U.S.C. § 222.
2.29 Cross Connection.
For a collocation arrangement, the facilities between the collocating Party's
equipment and the equipment or facilties of the housing Part (such as the
housing Part's digital signal cross connect, Main Distribution Frame, or other
suitable frame or panel).
2.30 Customer.
A third party residence or business end-user subscriber to Telephone Exchange
Services provided by either of the Parties.
2.31 Dark Fiber Loop.
Consists of fiber optic strand(s) in a Frontier fiber optic cable between Frontier's
accessible terminal, such as the fiber distribution frame, or its functional
equivalent, located within a Frontier End Offce, and Frontier's accessible
terminal located in Frontier's main termination point at a Customer premises,
such as a fiber patch panel, and that Frontier has not activated through
connection to electronics that "light" it and render it capable of carrying
Telecommunications Services.
2.32 Dark Fiber Transport.
An optical transmission facility, within a LATA, that Frontier has not activated by
attaching multiplexing, aggregation or other electronics, between Frontier
switches (as identified in the LERG) or UNE Wire Centers.
2.33 Dedicated Transport.
A DSO-, DS1-, or DS3-capacity transmission facilty between Frontier switches
(as identified in the LERG) or UNE Wire Centers, within a LATA, that is dedicated
to a particular end user or carrier. Dedicated Transport is sometimes referred to
as dedicated interoffce facilties ("IOF"). Dedicated Transport does not include
any facilty that does not connect a pair of Frontier UNE Wire Centers.
2.34 Default PSAP.
The PSAP designated by the Controllng 911 Authority to receive a 911/E-911
Call when it is not feasible to route that 911/E-911 Call to the Designated PSAP.
2.35 Designated PSAP.
The primary PSAP designated by the Controllng 911 Authority to receive a
911/E-911 Call based upon the geographic location of the end user.
2.36 Digital Signal LeveL.
One of several transmission rates in the time-division multiplex hierarchy.
2.37 Discontinued Facilty.
Any facility, element, arrangement or the like that the Federal Unbundling Rules
do not require Frontier to provide on an unbundled basis to FCA , whether
because the facilty was never subject to an unbundling requirement under the
FCA 10 Camp v3.3a _07142010 30
Federal Unbundling Rules, because the facility by operation of law has ceased or
ceases to be subject to an unbundling requirement under the Federal Unbundling
Rules, or otherwise.
2.38 DSO (Digital Signal Level 0).
The 64kbps zero-level signal in the time-division multiplex hierarchy.
2.39 DS1 (Digital Signal Level 1).
The 1.544 Mbps first-level signal in the time-division multiplex hierarchy.
2.40 DS1 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 1.544 Mbps.
2.41 DS3 (Digital Signal Level 3).
The 44.736 Mbps third-level signal in the time-division multiplex hierarchy.
2.42 DS3 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 44.736 Mbps.
2.43 DS3 Loop.
A digital transmission channel, between the main distribution frame (or its
equivalent) in an end user's serving UNE Wire Center and the demarcation point
at the end user customer's premises, suitable for the transport of isochronous
bipolar serial data at a rate of 44.736 Mbps (the equivalent of 28 DS1 channels).
This Loop type is more fully described in Frontier TR 72575, as revised from time
to time. A DS3 Loop requires the electronics necessary to provide the DS3
transmission rate.
2.44 EMI (Exchange Message Interface).
Standard used for the interexchange of telecommunications message information
between local exchange carriers and interexchange carriers for bilable, non-
bilable, sample, settlement and study data. Data is provided between
companies via a unique record layout that contains Customer billng information,
account summary and tracking analysis. EMI format is contained in document
SR-320 published by ATIS.
2.45 End Offce.
A switching entity that is used for connecting lines to lines or lines to trunks for
the purpose of originating/terminating calls. Sometimes this term is used to refer
to a telephone company building in which switching systems and telephone
equipment are installed.
2.46 (Intentionally Left Blank).
2.47 Exchange Access.
Shall have the meaning set forth in the Act.
2.48 Extended Local Callng Scope Arrangement.
FCA 10 Camp v3.3a _07142010 31
An arrangement that provides a Customer a local calling scope (Extended Area
Service, "EAS"), outside of the Customer's basic exchange serving area.
Extended Local Callng Scope Arrangements may be either optional or non-
optional. "Optional Extended Local Callng Scope Arrangement Traffc" is traffc
that under an optional Extended Local Callng Scope Arrangement chosen by the
Customer terminates outside of the Customer's basic exchange serving area.
2.49 FCC.
The Federal Communications Commission.
2.50 FCC Internet Orders.
The following FCC orders: (a) Order on Remand and Report and Order, /n the
Matter of /mplementation of the Local Competition Provisions in the
Telecommunications Act of 1996, /ntercaffier Compensation for ISP Bound
Traffc, FCC 01-131, CC Docket Nos. 96-98 and 99-68,16 FCC Red 9151
(adopted April 18, 2001) (hereinafter the "April 18, 2001 FCC Internet Order");
and, (b) Order on Remand and Report and Order and Further Notice of Proposed
Rulemaking, In the Matter of High-Cost Universal Service Support; Federal-State
Joint Board on Universal Service; Lifeline and Link Up; Universal Service
Contribution Methodology; Numbering Resource Optimization; Implementation of
the Local Competition Provisions in the Telecommunications Act of 1996;
Developing a Unified /ntercaffier Compensation Regime; Intercarrier
Compensation for ISP-Bound Traffc; /P-Enabled Services, FCC 08-262, CC
Docket Nos. 96-45, 96-98, 99-68, 99-200, 01-92, WC Docket Nos. 03-109, 04-
36,05-337,06-122 (adopted November 5, 2008) (hereinafter the "November 5,
2008 FCC Internet Order".
2.51 FCC Regulations.
The unstayed, effective regulations promulgated by the FCC, as amended from
time to time.
2.52 Federal Unbundling Rules.
Any lawful requirement to provide access to unbundled Network Elements or
Combinations of unbundled Network Elements that is imposed upon Frontier by
the FCC pursuant to both 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Any
reference in this Agreement to "Federal Unbundling Rules" shall not include an
unbundling requirement if the unbundling requirement does not exist under both
47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51.
2.53 Feeder.
The fiber optic cable (lit or unlit) or metallc portion of a Loop between a serving
End Offce and a remote terminal or feeder/distribution interface.
2.54 FNID (Fiber Network Interface Device).
A passive fiber optic demarcation unit designed for the interconnection and
demarcation of optical fibers between two separate network providers.
2.55 FTTP Loop.
A Loop consisting entirely of fiber optic cable, whether dark or lit, that extends
FCA 10 Camp v3.3a _07142010 32
from the main distribution frame (or its equivalent) in an end user's serving End
Offce to the demarcation point at the end user's customer premises or to a
serving area interface at which the fiber optic cable connects to copper or coaxial
distribution facilties that extend to the end user's customer premises
demarcation point, provided that all copper or coaxial distribution facilities
extending from such serving area interface are not more than 500 feet from the
demarcation pointat the respective end users' customer premises; provided,
however, that in the case of predominantly residential multiple dwellng units
(MDUs), an FTTP Loop is a Loop consisting entirely of fiber optic cable, whether
dark or lit, that extends from the main distribution frame (or its equivalent) in the
End Offce that serves the multiunit premises: (a) to or beyond the multiunit
premises' minimum point of entry (MPOE), as defined in 47 C.F.R. § 68.105; or
(b) to a serving area interface at which the fiber optic cable connects to copper or
coaxial distribution facilties that extend to or beyond the multunit premises'
MPOE, provided that all copper or coaxial distribution facilities extending from
such serving area interface are not more than 500 feet from the MPOE at the
multiunit premises.
2.56 House and Riser Cable.
A two-wire metallc distribution facility in Frontier's network between the minimum
point of entry for a building where a premises of a Customer is located (such a
point, an "MPOE") and the Rate Demarcation Point for such facility (or NID) if the
NID is located at such Rate Demarcation Point).
2.57 Hybrid Loop.
A Loop composed of both fiber optic cable and copper wire or cable. An FTTP
Loop is not a Hybrid Loop.
2.58 IDLC (Integrated Digital Loop Carrier).
A subscriber Loop carrier system that integrates within the switch at a DS1 level,
which is twenty-four (24) Loop transmission paths combined into a 1.544 Mbps
digital signaL.
2.59 ILEC (Incumbent Local Exchange Carrier).
Shall have the meaning stated in the Act.
2.60 Information Access.
The provision of specialized exchange telecommunications services in
connection with the origination, termination, transmission, switching, forwarding
or routing of telecommunications traffc to or from the facilties of a provider of
information services, including a provider of Internet access or Internet
transmission services.
2.61 Inside Wire or Inside Wiring.
All wire, cable, terminals, hardware, and other equipment or materials, on the
Customer's side of the Rate Demarcation Point.
2.62 Interconnection Wire Center.
A building or portion thereof which serves as the premises for one or more End
FCA 10 Camp v3.3a _07142010 33
Offces, Tandems and related facilties.
2.63 Internet Traffc.
Any traffc that is transmitted to or returned from the Internet at any point during
the duration of the transmission.
2.64 InterLATA Service.
Shall have the meaning set forth in the Act.
2.65 IntraLATA.
Telecommunications that originate and terminate within the same LATA.
2.66 (Intentionally Left Blank).
2.67 ISDN (Integrated Services Digital Network).
A switched network service providing end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic Rate Interface-ISDN (BRI-
ISDN) provides for digital transmission of two (2) 64 kbps bearer channels and
one (1) 16 kbps data and signaling channel (2B+D). Primary Rate Interface-
ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23) 64 kbps
bearer channels and one (1) 64 kbps data and signaling channel (23B+D).
2.68 IXC (Interexchange Carrier).
A Telecommunications Carrier that provides, directly or indirectly, InterLAT A or
IntraLATA Telephone Toll Services.
2.69 LATA (Local Access and Transport Area).
Shall have the meaning set forth in the Act.
2.70 LEC (Local Exchange Carrier).
Shall have the meaning set forth in the Act.
2.71 LERG (Local Exchange Routing Guide).
A Telcordia Technologies reference containing NPAlNXX routing and homing
information.
2.72 UDB (line Information Data Base).
line Information databases which provide, among other things, callng card
validation functionality for telephone line number cards issued by Frontier and
other entities and validation data for collect and third number-biled calls (e.g.,
data for biled number screening).
2.73 (Intentionally Left Blank).
2.74 line Side.
An End Offce connection that provides transmission, switching and optional
features suitable for Customer connection to the public switched network,
FCA 10 Camp v3.3a _07142010 34
including loop start supervision, ground start supervision and signaling for BRI-
ISDN service.
2.75 Loop.
A transmission path that extends from a Main Distribution Frame or functonally
comparable piece of equipment in a Customer's serving End Offce, to the Rate
Demarcation Point (or NID if installed at the Rate Demarcation Point) in or at the
Customer's premises. The actual transmission facilties used to provide a Loop
may utilze any of several technologies.
2.76 LSR (Local Service Request).
An industry standard form, which contains data elements and usage rules, used
by the Parties to establish, add, change or disconnect resold
Telecommunications Services and Network Elements.
2.77 Maintenance Control Offce.
Either Party's center responsible for control of the maintenance and repair of a
circuit.
2.78 MDF (Main Distribution Frame).
The primary point at which outside plant facilities terminate within an
Interconnection Wire Center, for interconnection to other Telecommunications
facilties within the Interconnection Wire Center. The distribution frame used to
interconnect cable pairs and line trunk equipment terminating on a switching
system.
2.79 Measured Internet Traffc.
Dial-up, switched Internet Traffc originated by a Customer of one Part on that
Part's network at a point in a Frontier local callng area, and delivered to a
Customer or an Internet Service Provider served by the other Part, on that other
Part's network at a point in the same Frontier local callng area. Frontier local
callng areas shall be as defined by Frontier. For the purposes of this definition,
a Frontier local callng area includes a Frontier non-optional Extended Local
Callng Scope Arrangement, but does not include a Frontier optional Extended
Local Callng Scope Arrangement. Calls originated on a 1 + presubscription
basis, or on a casual dialed (10XX101XX) basis, are not considered
Measured Internet Traffc. For the avoidance of any doubt, Virtual Foreign
Exchange Traffc (Le., V/FX Traffc) (as defined in the Interconnection
Attachment) does not constitute Measured Internet Traffc.
2.80 MECAB (Multiple Exchange Carrier Access Biling).
A document prepared by the Billng Committee of the Ordering and Billng Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee
(CLC) of ATIS. The MECAB document, published by ATIS as "ATIS/OBF-
MECAB", as revised from time to time, contains the recommended guidelines for
the biling of an Exchange Access Service provided by two or more LECs, or by
one LEC in two or more states, within a single LATA.
2.81 MECOD (Multiple Exchange Carrers Ordering and Design Guidelines for Access
Services - Industry Support Interface).
FCA 10 Camp v3.3a _07142010 35
A document devel()ped by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billng Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of ATIS. The MECOD
document, published by ATIS as "ATIS/OBF-MECOD", as revised from time to
time, establishes methods for processing orders for Exchange Access Service
that is to be provided by two or more LECs.
2.82 (Intentionally Left Blank).
2.83 Mobile Wireless Services.
Any mobile wireless Telecommunications Service, including any commercial
mobile radio service.
2.84 NANP (North American Numbering Plan).
The system of telephone numbering employed in the United States, Canada,
Bermuda, Puerto Rico and certain Caribbean islands. The NANP format is a 10-
digit number that consist of a 3-digit NPA Code (commonly referred to as the
area code), followed by a 3-digit NXX code and 4 digit line number.
2.85 Network Element.
Shall have the meaning stated in the Act.
2.86 NID (Network Interface Device).
The Frontier provided interface terminating Frontier's Telecommunications
network on the property where the Customer's service is located at a point
determined by Frontier. The NID contains an FCC Part 68 registered jack from
which Inside Wire may be connected to Frontier's network.
2.87 911/E-911 Call(s).
Call(s) made by the FCA end user by dialing the three digit telephone number
"911" to facilitate the reporting of an emergency requiring response by a public
safety agency.
2.88 911/E-911 Service Provider.
An entity authorized to provide 911/E-911 network and database services within
a particular jurisdiction.
2.89 Non-Revertve.
Where traffc is redirected to a protection line because of failure of a working line
and the working line is repaired, traffc wil remain on the protection line until
there is either manual intervention or a failure of the protection line.
2.90 NPA (Numbering Plan Area).
Also sometimes referred to as an area code, is the first three-digit indicator of
each 10-digit telephone number within the NANP. There are two general
categories of NPA, "Geographic NPAs" and "Non-Geographic NPAs". A
Geographic NPA is associated with a defined geographic area, and all telephone
numbers bearing such NPA are associated with services provided within that
geographic area. A Non-Geographic NPA, also known as a "Service Access
FCA 10 Camp v3.3a _07142010 36
Code" or "SAC Code" is typically associated with a specialized
Telecommunications Service that may be provided across multiple geographic
NPA areas. 500, 700, 800, 888 and 900 are examples of Non-Geographic
NPAs.
2.91 NXX, NXX Code, Central Ofce Code or CO Code.
The three-digit switch entity indicator (i.e. the first three digits of a seven-digit
telephone number).
2.92 Order.
An order or application to provide, change or terminate a Service (including, but
not limited to, a commitment to purchase a stated number or minimum number of
lines or other Services for a stated period or minimum period of time).
2.93 Originating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.94 POI (Point of Interconnection).
The physical location where the Parties' respective facilities physically
interconnect for the purpose of mutually exchanging their traffc. As set forth in
the Interconnection Attachment, a Point of Interconnection shall be at (i) a
technically feasible point on Frontier's network in a LATA and/or (ii) a fiber meet
point to which the Parties mutually agree under the terms of this Agreement. By
way of example, a technically feasible Point of Interconnection on Frontier's
network in a LATA would include an applicable Frontier Tandem Interconnection
Wire Center or Frontier End Offce Interconnection Wire Center but,
notwithstanding any other provision of this Agreement or otherwise, would not
include a FCA Interconnection Wire Center, FCA switch or any portion of a
transport facilty provided by Frontier to FCA or another party between (x) a
Frontier Interconnection Wire Center or switch and (y) the Interconnection Wire
Center or switch of FCA or another party.
2.95 Primary Reference Source.
Equipment that provides a timing signal to synchronize network elements.
2.96 Principal Document.
This document, including, but not limited to, the Title Page, the Table of
Contents, the Preface, the General Terms and Conditions, the signature page,
this Glossary, the Attachments, and the Appendices to the Attachments.
2.97 Providing Part.
A Party offering or providing a Service to the other Part under this Agreement.
2.98 PSAP.
Public Safety Answering Point.
2.99 Purchasing Party.
FCA 10 Camp v3.3a _07142010 37
A Party requesting or receiving a Service from the other Party under this
Agreement.
2.100 Qualifying UNE.
An unbundled Network Element or a combination of unbundled Network
Elements obtained, pursuant to the Federal Unbundling Rules, under this
Agreement or a Frontier UNE Tariff.
2.101 Qualifying Wholesale Services.
Wholesale services obtained from Frontier under a Frontier access Tariff or a
separate wholesale agreement.
2.102 Rate Center Area.
The geographic area that has been identified by a given LEC as being
associated with a particular NPA-NXX code assigned to the LEC for its provision
of Telephone Exchange Services. The Rate Center Area is the exclusive
geographic area that the LEC has identified as the area within which it wil
provide Telephone Exchange Services bearing the partcular NPA-NXX
designation associated with the specific Rate Center Area.
2.103 Rate Center Point.
A specific geographic point, defined by a V&H coordinate, located within the Rate
Center Area and used to measure distance for the purpose of biling for distance-
sensitive Telephone Exchange Services and Toll Traffc. Pursuant to Telcordia
Practice BR-795-100-100, the Rate Center Point may be an End Offce location,
or a "LEC Consortium Point of Interconnection".
2.104 Rate Demarcation Point.
The physical point in a Frontier provided network facilty at which Frontier's
responsibility for maintaining that network facilty ends and the Customer's
responsibility for maintaining the remainder of the facility begins, as set forth in
this Agreement, Frontier's applicable Tariffs, if any, or as otherwise prescribed
under Applicable Law.
2.105 Reciprocal Compensation.
The arrangement for recovering, in accordance with Section 251(b)(5) of the Act,
the FCC Internet Orders, and other applicable FCC orders and FCC Regulations,
costs incurred for the transport and termination of Reciprocal Compensation
Traffc originating on one Party's network and terminating on the other Party's
network (as set forth in Section 7 ofthe Interconnection Attachment).
2.106 Reciprocal Compensation Traffc.
Telecommunications traffc originated by a Customer of one Part on that Part's
network and terminated to a Customer of the other Part on that other Party's
network, except for Telecommunications traffc that is interstate or intrastate
Exchange Access, Information Access, or exchange services for Exchange
Access or Information Access. The determination of whether
Telecommunications traffc is Exchange Access or Information Access shall be
based upon Frontier's local callng areas as defined by Frontier. Reciprocal
FCA 10 Camp v3.3a _07142010 38
Compensation Traffc does not include the following traffc (it being understood
that certain traffc types wil fall into more than one (1) of the categories below
that do not constitute Reciprocal Compensation Traffc): (1) any Internet Traffc;
(2) traffc that does not originate and terminate within the same Frontier local
callng area as defined by Frontier, and based on the actual originating and
terminating points of the complete end-to-end communication; (3) Toll Traffc,
including, but not limited to, calls originated on a 1 + presubscription basis, or on
a casual dialed (10XX101XX) basis; (4) Optional Extended Local Callng
Scope Arrangement Traffc; (5) special access, private line, Frame Relay, ATM,
or any other traffc that is not switched by the terminating Party; (6) Tandem
Transit Traffc; (7) Voice Information Service Traffc (as defined in Section 5 of
the Additional Services Attachment); or, (8) Virtual Foreign Exchange Traffc (or
V/FX Traffc) (as defined in the Interconnection Attachment). For the purposes of
this definition, a Frontier local callng area includes a Frontier non-optional
Extended Local Callng Scope Arrangement, but does not include a Frontier
optional Extended Local Calling Scope Arrangement.
2.107 Retail Prices.
The prices at which a Service is provided by Frontier at retail to subscrbers who
are not Telecommunications Carrers.
2.108 Routing Point.
A specific geographic point identified by a specific V&H coordinate. The Routing
Point is used to route inbound traffc to specified NPA-NXXs. The Routing Point
must be located within the LATA in which the corresponding NPA-NXX is
located. However, the Routing Point associated with each NPA-NXX need not
be the same as the corresponding Rate Center Point, nor must it be located
within the corresponding Rate Center Area, nor must there be a unique and
separate Routing Point corresponding to each unique and separate Rate Center
Area.
2.109 Service.
Any Interconnection arrangement, Network Element, Telecommunications
Service, collocation arrangement, or other service, facilty or arrangement,
offered by a Part under this Agreement.
2.110 (Intentionally Left Blank).
2.111 SS7 (Signaling System 7).
The common channel out-of-band signaling protocol developed by the
Consultative Committee for International Telephone and Telegraph (CCITT) and
the American National Standards Institute (ANSI). Frontier and FCA utilize this
out-of-band signaling protocol in relation to their routing and completion of traffc.
2.112 Subsidiary.
A corporation or other person that is controlled by a Party.
2.113 Sub-Loop Distribution Facility.
A two-wire or four-wire metallc distribution facilty in Frontier's network between
a Frontier feeder distribution interface ("FDI") and the Rate Demarcation Point for
such facility (or NID if the NID is located at such Rate Demarcation Point).
FCA 10 Camp v3.3a _07142010 39
2.114 Switched Exchange Access Service.
The offering of transmission and switching services for the purpose of the
origination or termination of Toll Traffc. Switched Exchange Access Services
include but may not be limited to: Feature Group A, Feature Group B, Feature
Group D, 700 access, 800 access, 888 access and 900 access.
2.115 Tandem.
A switching entity that has biling and recording capabilities and is used to
connect and switch trunk circuits between and among End Offces and between
and among End Offces and carriers' aggregation points, points of termination, or
points of presence, and to provide Switched Exchange Access Services.
Sometimes this term is used to refer to a telephone company building in which
switching systems and telephone equipment are installed.
2.116 Tariff.
2.116.1 Any applicable Federal or state tariff of a Part, as amended from time
to time; or
2.116.2 Any standard agreement or other document, as amended from time to
time, that sets forth the generally available terms, conditions and
prices under which a Part offers a Service.
The term "Tariff' does not include any Frontier Statement of Generally Available
Terms (SGAT) which has been approved or is pending approval by the
Commission pursuant to Section 252(f) of the Act.
2.117 Telcordia Technologies.
Telcordia Technologies, Inc., formerly known as Bell Communications Research,
Inc. (Bellcore).
2.118 Telecommunications Carrier.
Shall have the meaning set forth in the Act.
2.119 Telecommunications Services.
Shall have the meaning set forth in the Act.
2.120 Telephone Exchange Service.
Shall have the meaning set forth in the Act.
2.121 Terminating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.122 Third Party Claim.
A Claim where there is (a) a claim, demand, suit or action by a person who is not
a Party, (b) a settlement with, judgment by, or liabilty to, a person who is not a
Party, or (c) a fine or penalty imposed by a person who is not a Part.
FCA 10 Camp v3.3a _07142010 40
2.123 Toll Traffc.
Traffc that is originated by a Customer of one Part on that Party's network and
terminates to a Customer of the other Part on that other Part's netwrk and is
not Reciprocal Compensation Traffc, Measured Internet Traffc, or Ancilary
Traffc. Toll Traffc may be either "lntraLATA Toll Traffc" or "InterLATA Toll
Traffc", depending on whether the originating and terminating points are within
the same LATA.
2.124 Toxic or Hazardous Substance.
Any substance designated or defined as toxic or hazardous under any
"Environmental Law" or that poses a risk to human health or safety, or the
environment, and products and materials containing such substance.
"Environmental Laws" means the Comprehensive Environmental Response,
Compensation, and Liability Act, the Emergency Planning and Community Right-
to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the
Toxic Substances Control Act, the Resource Conservation and Recovery Act, the
Occupational Safety and Health Act, and all other Federal, State or local laws or
governmental regulations or requirements, that are similar to the above-
referenced laws or that otherwise govern releases, chemicals, products,
materials or wastes that may pose risks to human health or safety, or the
environment, or that relate to the protection of wetlands or other natural
resources.
2.125 Traffc Factor 1.
For traffc exchanged via Interconnection Trunks, a percentage calculated by
dividing the number of minutes of interstate traffc (excluding Measured Internet
Traffc) by the total number of minutes of interstate and intrastate traffc.
((Interstate Traffc Total Minutes of Use (excluding Measured Internet Traffc
Total Minutes of Usel + (Interstate Traffc Total Minutes of Use + Intrastate Traffc
Total Minutes of Usel) x 100). Until the form of a Party's bils is updated to use
the term "Traffc Factor 1", the term "Traffc Factor 1" may be referred to on the
Party's bils and in billng related communications as "Percent Interstate Usage"
or "PIU".
2.126 Traffc Factor 2.
For traffc exchanged via Interconnection Trunks, a percentage calculated by
dividing the combined total number of minutes of Reciprocal Compensation
Traffc and Measured Internet Traffc by the combined total number of minutes of
intrastate traffc and Measured Internet Traffc. ((Reciprocal Compensation
Traffc Total Minutes of Use + Measured Internet Traffc Total Minutes of Usel +
(Intrastate Traffc Total Minutes of Use + Measured Internet Traffc Total Minutes
of Usel) x 100). Until the form of a Party's bils is updated to use the term "Traffc
Factor 2", the term "Traffc Factor 2" may be referred to on the Party's bils and in
biling related communications as "Percent Local Usage" or "PLU".
2.127 Triennial Review Remand Order (TRRO).
The FCC's Order on Remand in WC Docket No. 04-313 and CC Docket No. 01-
338, released on February 4, 2005.
2.128 Trunk Side.
FCA 10 Camp v3.3a _07142010 41
A Central Offce Switch connection that is capable of, and has been programmed
to treat the circuit as, connecting to another switching entity, for example, to
another carrier's network. Trunk side connections offer those transmission and
signaling features appropriate for the connection of switching entities and cannot
be used for the direct connection of ordinary telephone station sets.
2.129 UDLC (Universal Digital Loop Carrier).
UDLC arrangements consist of a Central Offce Terminal and a Remote Terminal
located in the outside plant or at a Customer premises. The Central Offce and
the Remote Terminal units perform analog to digital conversions to allow the
feeding facility to be digitaL. UDLC is deployed where the types of services to be
provisioned by the systems cannot be integrated such as non-switched services
and UNE Loops.
2.130 UNE Wire Center.
Shall have the same meaning as 'Wire Center" set forth in 47 C.F.R. § 51.5.
2.131 Vand H Coordinates Method.
A method of computing airline miles between two points by utilizing an
established formula that is based on the vertical and horizontal coordinates of the
two points.
2.132 Voice Grade.
Either an analog signal of 300 to 3000 Hz or a digital signal of 56/64 kilobits per
second. When referring to digital Voice Grade service (a 56-64 kbps channel),
the terms "DSO" or "sub-DS1" may also be used.
2.133 xDSL.
As defined and offered in this Agreement. The small "x" before the letters DSL
signifies reference to DSL as a generic transmission technology, as opposed to a
specific DSL "flavor".
FCA 10 Camp v3.3a _07142010 42
ADDITIONAL SERVICES ATTACHMENT
1. Alternate Biled Calls
1.1 The Parties wil engage in settlements of intraLAT A intrastate alternate-billed
calls~, collect, callng card, and third-party biled calls) originated or
authorized by their respective Customers in accordance with an arrangement
mutually agreed to by the Parties.
2. Dialing Parity - Section 251 (b)(3)
Each Party shall provide the other Party with nondiscriminatory access to such services
and information as are necessary to allow the other Party to implement local Dialing
Parity in accordance with the requirements of Section 251 (b )(3) of the Act.
3. (This Section Intentionally Left Blank)
4. Directory Listing and Directory Distribution
To the extent required by Applicable Law, Frontier will provide directory services to FCA .
Such services will be provided in accordance with the terms set forth herein.
4.1 Listing Information.
As used herein, "Listing Information" means a FCA Customer's primary name,
address (including city, state and zip code), telephone number(s), the delivery
address and number of directories to be delivered, and, in the case of a business
Customer, the primary business heading under which the business Customer
desires to be placed, and any other information Frontier deems necessary for the
publication and delivery of directories.
4.2 Listing Information Supply.
FCA shall provide to Frontier on a regularly scheduled basis, at no charge, and in
a format required by Frontier or by a mutually agreed upon industry standard
(e.g., Ordering and Billng Forum developed) all Listing Information and the
service address for each FCA Customer whose service address location falls
within the geographic area covered by the relevant Frontier directory. FCA shall
also provide to Frontier on a daily basis: (a) information showing FCA
Customers who have disconnected or terminated their service with FCA; and (b)
delivery information for each non-listed or non-published FCA Customer to
enable Frontier to perform its directory distribution responsibilties. Frontier shall
promptly provide to FCA (normally within fort-eight (48) hours of receipt by
Frontier, excluding non-business days) a query on any listing that is not
acceptable.
4.3 Listing Inclusion and Distribution.
Frontier shall include each FCA Customer's primary listing in the appropriate
alphabetical directory and, for business Customers, in the appropriate classified
(Yellow Pages) directory in accordance with the directory configuration, scope
and schedules determined by Frontier in its sole discretion, and shall provide
initial distribution of such directories to such FCA Customers in the same manner
it provides initial distribution of such directories to its own Customers. "Primary
Listing" means a Customer's primary name, address, and telephone number.
FCA 10 Camp v3.3a _07142010 43
Listings of FCA 's Customers shall be interfled with listings of Frontier's
Customers and the Customers of other LECs included in the Frontier directories.
FCA shall pay Frontier's Tariffed charges for additional, foreign, and other listings
products (as documented in local Tariff for FCA 's Customers.
4.4 Frontier Information.
Upon request by FCA , Frontier shall make available to FCA the following
information to the extent that Frontier provides such information to its own
business offces: a directory list of relevant NXX codes, directory and Customer
Guide close dates, and Yellow Pages headings. Frontier shall also make
available to FCA , on Frontier's Wholesale website (or, at Frontier's option, in
writing) Frontier's directory listings standards and specifications.
4.5 Confidentiality of Listing Information.
Frontier shall accord FCA Listing Information the same level of confidentiality that
Frontier accords its own listing information, and shall use such Listing Information
solely for the purpose of providing directory-related services; provided, however,
that should Frontier elect to do so, it may use or license FCA Listing Information
for directory publishing, direct marketing, or any other purpose for which Frontier
uses or licenses its own listing information, so long as FCA Customers are not
separately identified as such; and provided further that FCA may identify those of
its Customers who request that their names not be sold for direct marketing
purposes and Frontier shall honor such requests to the same extent that it does
for its own Customers. Frontier shall not be obligated to compensate FCA for
Frontier's use or licensing of FCA Listing Information.
4.6 Accuracy.
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of FCA Customer listings. At FCA 's request, Frontier shall provide
FCA with a report of all FCA Customer listings in a reasonable timeframe prior to
the service order close date for the applicable directory. Frontier shall process
any corrections made by FCA with respect to its listings, provided such
corrections are received prior to the close date of the particular directory.
4.7 Indemnification.
FCA shall adhere to all practices, standards, and ethical requirements
established by Frontier with regard to listings. By providing Frontier with Listing
Information, FCA warrants to Frontier that FCA has the right to provide such
Listing Information to Frontier on behalf of its Customers. FCA shall make
commercially reasonable efforts to ensure that any business or person to be
listed is authorized and has the right (a) to provide the product or service offered,
and (b) to use any personal or corporate name, trade name, trademark, service
mark or language used in the listing. FCA 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 Frontier's publication or
dissemination of the Listing Information as provided by FCA hereunder.
4.8 Liability.
Frontier's liability to FCA in the event of a Frontier error in or omission of a FCA
Customer listing shall not exceed the amount actually paid by FCA to Frontier for
FCA 10 Camp v3.3a _07142010 44
such listing. FCA agrees to take all reasonable steps, including, but not limited
to, entering into appropriate contractual provisions with its Customers, to ensure
that its and Frontier's liabilty to FCA 's Customers in the event of a Frontier error
in or omission of a listing shall be subject to the same limitations of liability
applicable between Frontier and its own Customers as set forth in Frontier's
applicable Tariffs.
4.9 Service Information Pages.
Frontier shall include all FCA NXX codes associated with the geographic areas to
which each directory pertains, to the extent it does so for Frontier's own NXX
codes, in any lists of such codes that are contained in the general reference
portion of each directory. FCA 's NXX codes shall appear in such lists in the
same manner as Frontier's NXX information. In addition, when FCA is
authorized to, and is offering, local service to Customers located within the
geographic area covered by a specific directory, at FCA 's request, Frontier shall
include, at no charge, in the "Customer Guide" or comparable section of the
applicable alphabetical directories, FCA 's critical contact information for
***CUSTOMER ACRONYM***'s installation, repair and Customer service, as
provided by FCA. Such critical contact information shall appear alphabetically
by local exchange carrier and in accordance with Frontier's generally applicable
policies. FCA shall be responsible for providing the necessary information to
Frontier by the applicable close date for each affected directory.
4.10 Directory Publication.
Nothing in this Agreement shall require Frontier to publish a directory where it
would not otherwise do so.
4.11 Other Directory Services.
FCA acknowledges that if FCA desires directory services in addition to those
described herein, such additional services must be obtained under separate
agreement with Frontier's directory publishing company.
5. Voice Information Service Traffic
5.1 For purposes of this Secton 5, (a) Voice Information Service means a service
that provides (il recorded voice announcement information or (iil a vocal
discussion program open to the public, and (b) Voice Information Service Traffc
means intraLATA switched voice traffc, delivered to a Voice Information Service.
Voice Information Service Traffc does not include any form of Internet Traffc.
Voice Information Service Traffc also does not include 555 traffc or similar traffc
with AIN service interfaces, which traffc shall be subject to separate
arrangements between the Parties. Voice Information Service Traffc is not
subject to Reciprocal Compensation charges under Section 7 of the
Interconnection Attachment.
5.2 If a FCA Customer is served by resold Frontier dial tone line
Telecommunications Service, to the extent reasonably feasible, Frontier wil route
Voice Information Service Traffc originating from such Service to the appropriate
Voice Information Service connected to Frontier's network unless a feature
blocking such Voice Information Service Traffc has been installed. For such
Voice Information Service Traffc, FCA shall pay to Frontier without discount any
Voice Information Service provider charges biled by Frontier to FCA. FCA shall
FCA 10 Camp v3.3a _07142010 45
pay Frontier such charges in full regardless of whether or not FCA collects such
charges from its Customer.
5.3 FCA shall have the option to route Voice Information Service Traffc that
originates on its own network to the appropriate Voice Information Service
connected to Frontier's network. In the event FCA exercises such option, FCA
wil establish, at its own expense, a dedicated trunk group to the Frontier Voice
Information Service serving switch. This trunk group wil be utilized to allow FCA
to route Voice Information Service Traffc originated on its network to Frontier.
For such Voice Information Service Traffc, unless FCA has entered into a
written agreement with Frontier under which FCA will collect from FCA 's
Customer and remit to Frontier the Voice Information Service provider's charges,
FCA shall pay to Frontier without discount any Voice Information Service
provider charges biled by Frontier to FCA. FCA shall pay Frontier such
charges in full regardless of whether or not FCA collects such charges from its
own Customer.
6. Intercept and Referral Announcements
6.1 When a Customer changes its service provider from Frontier to FCA , or from
FCA to Frontier, and does not retain its original telephone number, the Party
formerly providing service to such Customer shall provide a referral
announcement ("Referral Announcement") on the abandoned telephone number
which provides the Customer's new number or other appropriate information, to
the extent known to the Part formerly providing service. Notwithstanding the
foregoing, a Party shall not be obligated under this Section to provide a Referral
Announcement if the Customer owes the Party unpaid overdue amounts or the
Customer requests that no Referral Announcement be provided.
6.2 Referral Announcements shall be provided, in the case of business Customers,
for a period of not less than one hundred and twenty (120) days after the date the
Customer changes its telephone number, and, in the case of residential
Customers, not less than thirt (30) days after the date the Customer changes its
telephone number; provided that if a longer time period is required by Applicable
Law, such longer time period shall apply. Except as otherwise provided by
Applicable Law, the period for a referral may be shortened by the Part formerly
providing service if a number shortage condition requires reassignment of the
telephone number.
6.3 This referral announcement wil be provided by each Part at no charge to the
other Party; provided that the Part formerly providing service may bil the
Customer its standard Tariff charge, if any, for the referral announcement.
7. Originating Line Number Screening (OLNS)
Upon FCA 's request, Frontier will update its database used to provide originating line
number screening (the database of information which indicates to an operator the
acceptable billing methods for calls originating from the callng number (e.g., penal
institutions, COCOTS).
8. Operations Support Systems (OSS) Services
8.1 Definitions.
The terms listed below shall have the meanings stated below:
FCA 10 Camp v3.3a _07142010 46
8.1.1 Frontier Operations Support Systems: Frontier systems for pre-
ordering, ordering, provisioning, maintenance and repair, and biling.
8.1.2 Frontier OSS Services: Access to Frontier Operations Support
Systems functions. The term "Frontier OSS Services" includes, but is
not limited to: (a) Frontier's provision of FCA Usage Information to
FCA pursuant to Section 8.3 ofthis Attachment; and, (b) "Frontier OSS
Information", as defined in Section 8.1.4 of this Attachment.
8.1.3 Frontier OSS Facilities: Any gateways, interfaces, databases,
facilities, equipment, softare, or systems, used by Frontier to provide
Frontier OSS Services to FCA.
8.1.4 Frontier OSS Information: Any information accessed by, or disclosed
or provided to, FCA through or as a part of Frontier OSS Services.
The term "Frontier OSS Information" includes, but is not limited to: (a)
any Customer Information related to a Frontier Customer or a FCA
Customer accessed by, or disclosed or provided to, FCA through or as
a part of Frontier OSS Services; and, (b) any FCA Usage Information
(as defined in Section 8.1.6 of this Attachment) accessed by, or
disclosed or provided to, FCA .
8.1.5 Frontier Retail Telecommunications Service: Any
Telecommunications Service that Frontier provides at retail to
subscribers that are not Telecommunications Carriers. The term
"Frontier Retail Telecommunications Service" does not include any
Exchange Access service (as defined in Section 3(16) of the Act, 47
U.S.C. § 153(16)) provided by Frontier.
8.1.6 FCA Usage Information: For a Frontier Retail Telecommunications
Service purchased by FCA pursuant to the Resale Attachment, the
usage information that Frontier would record if Frontier was furnishing
such Frontier Retail Telecommunications Service to a Frontier end-
user retail Customer.
8.1.7 Customer Information: CPNI of a Customer and any other non-public,
individually identifiable information about a Customer or the purchase
by a Customer of the services or products of a Party.
8.2 Frontier OSS Services.
8.2.1 Upon request by FCA , Frontier shall provide to FCA Frontier OSS
Services. Such Frontier OSS Services wil be provided in accordance
with, but only to the extent required by, Applicable Law.
8.2.2 Subject to the requirements of Applicable Law, Frontier Operations
Support Systems, Frontier Operations Support Systems functions,
Frontier OSS Facilities, Frontier OSS Information, and the Frontier
OSS Services that wil be offered by Frontier, shall be as determined
by Frontier. Subject to the requirements of Applicable Law, Frontier
shall have the right to change Frontier Operations Support Systems,
Frontier Operations Support Systems functions, Frontier OSS
Facilties, Frontier OSS Information, and the Frontier OSS Services,
from time-to-time, without the consent of FCA .
8.2.3 To the extent required by Applicable Law, in providing Frontier OSS
Services to FCA , Frontier wil comply with Frontiets applicable OSS
FCA 10 Camp v3.3a _07142010 47
Change Management Guidelines, as such Guidelines are modified
from time-to-time, including, but not limited to, the provisions of the
Guidelines related to furnishing notice of changes in Frontier OSS
Services. Frontier's ass Change Management Guidelines will be set
out on a Frontier website.
8.3 FCA Usage Information.
8.3.1 Upon request by FCA, Frontier shall provide to FCA FCA Usage
Information. Such FCA Usage Information wil be provided in
accordance with, but only to the extent required by, Applicable Law.
8.3.2 FCA Usage Information wil be available to FCA through Network Data
Mover (NDM) or other such media as mutually agreed by both Parties.
8.3.3 FCA Usage Information wil be provided in an ATIS EMI format.
8.3.4 Except as stated in this Section 8.3, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which,
FCA Usage Information wil be provided to FCA shall be determined
by Frontier.
8.4 Access to and Use of Frontier OSS Facilties.
8.4.1 Frontier ass Facilties may be accessed and used by FCA only to the
extent necessary for FCA 's access to and use of Frontier OSS
Services pursuant to this Agreement.
8.4.2 Frontier OSS Facilties may be accessed and used by FCA only to
provide Telecommunications Services to FCA Customers.
8.4.3 FCA shall restrict access to and use of Frontier ass Facilties to FCA .
This Section 8 does not grant to FCA any right or license to grant
sublicenses to other persons, or permission to other persons (except
FCA 's employees, agents and contractors, in accordance with Section
8.4.7 of this Attachment), to access or use FrontierOSS Facilties.
8.4.4 FCA shall not (a) alter, modify or damage the Frontier OSS Facilties
(including, but not limited to, Frontier softare), (b) copy, remove,derive, reverse engineer, or decompile, softare from the Frontier
OSS Facilities, or (c) obtain access through Frontier OSS Facilties to
Frontier databases, facilties, equipment, softare, or systems, which
are not offered for FCA 's use under this Section 8.
8.4.5 FCA shall comply with all practices and procedures established by
Frontier for accss to and use of Frontier OSS Facilties (including, but
not limited to, Frontier practices and procedures with regard to security
and use of access and user identification codes).
8.4.6 All practices and procedures for access to and use of Frontier OSS
Facilties, and all access and user identification codes for Frontier OSS
Facilties: (a) shall remain the propert of Frontier; (b) shall be used
by FCA only in connection with FCA 's use of Frontier ass Facilties
permitted by this Section 8; (c) shall be treated by FCA as Confidential
Information of Frontier pursuant to Section 10 ofthe General Terms
and Conditions; and, (d) shall be destroyed or returned by FCA to
FCA 10 Camp v3.3a _07142010 48
Frontier upon the earlier of request by Frontier or the expiration or
termination of this Agreement.
8.4.7 FCA's employees, agents and contractors may access and use
Frontier OSS Facilties only to the extent necessary for FCA's access
to and use of the Frontier OSS Facilities permitted by this Agreement.
Any access to or use of Frontier OSS Facilties by FCA's employees,
agents, or contractors, shall be subject to the provisions of this
Agreement, including, but not limited to, Section 10 of the General
Terms and Conditions and Section 8.5.3.2 of this Attachment.
8.5 Frontier OSS Information.
8.5.1 Subject to the provisions of this Section 8, in accordance with, but only
to the extent required by, Applicable Law, Frontier grants to FCA a
non-exclusive license to use Frontier OSS Information.
8.5.2 All Frontier OSS Information shall at all times remain the propert of
Frontier. Except as expressly stated in this Section 8, FCA shall
acquire no rights in or to any Frontier OSS Information.
8.5.3 The provisions of this Section 8.5.3 shall apply to all Frontier OSS
Information, except (a) FCA Usage Information, (b) CPNI of FCA, and
(c) CPNI of a Frontier Customer or a FCA Customer, to the extent the
Customer has authorized FCA to use the CPNI.
8.5.3.1 Frontier OSS Information may be accessed and used by
FCA only to provide Telecommunications Services to FCA
Customers.
8.5.3.2 FCA shall treat Frontier OSS Information that is designated
by Frontier, through written or electronic notice (including,
but not limited to, through the Frontier OSS Services), as
"Confidential" or "Proprietary" as Confidential Information of
Frontier pursuant to Section 10 ofthe General Terms and
Conditions.
8.5.3.3 Except as expressly stated in this Section 8, this Agreement
does not grant to FCA any right or license to grant
sublicenses to other persons, or permission to other
persons (except FCA 's employees, agents or contractors,
in accordance with Section 8.5.3.4 of this Attachment), to
access, use or disclose Frontier OSS Information.
8.5.3.4 FCA 's employees, agents and contractors may access, use
and disclose Frontier OSS Information only to the extent
necessary for FCA 's access to, and use and disclosure of,
Frontier OSS Information permitted by this Section 8. Any
access to, or use or disclosure of, Frontier OSS Information
by FCA 's employees, agents or contractors, shall be
subject to the provisions of this Agreement, including, but
not limited to, Section 10 of the General Terms and
Conditions and Section 8.5.3.2 of this Attachment.
8.5.3.5 FCA 's license to use Frontier OSS Information shall expire
upon the earliest of: (a) the time when the Frontier OSS
Information is no longer needed by FCA to provide
FCA 10 Camp v3.3a _07142010 49
Telecommunications Services to FCA Customers; (b)
termination of the license in accordance with this Section 8;
or (c) expiration or termination of this Agreement.
8.5.3.6 All Frontier OSS Information received by FCA shall be
destroyed or returned by FCA to Frontier, upon expiration,
suspension or termination of the license to use such
Frontier OSS Information.
8.5.4 Unless sooner terminated or suspended in accordance with this
Agreement or this Section 8 (including, but not limited to, Section 2.2
of the General Terms and Conditions and Section 8.6.1 of this
Attachment), FCA 's access to Frontier OSS Information through
Frontier OSS Services shall terminate upon the expiration or
termination of this Agreement.
8.5.5 Audits.
8.5.5.1 Frontier shall have the right (but not the obligation) to audit
FCA to ascertain whether FCA is complying with the
requirements of Applicable Law and this Agreement with
regard to FCA 's access to, and use and disclosure of,
Frontier OSS Information.
8.5.5.2 Without in any way limiting any other rights Frontier may
have under this Agreement or Applicable Law, Frontier shall
have the right (but not the obligation) to monitor FCA 's
access to and use of Frontier OSS Information which is
made available by Frontier to FCA pursuant to this
Agreement, to ascertain whether FCA is complying with the
requirements of Applicable Law and this Agreement, with
regard to FCA 's access to, and use and disclosure of, such
Frontier OSS Information. The foregoing right shall include,
but not be limited to, the right (but not the obligation) to
electronically monitor FCA 's access to and use of Frontier
OSS Information which is made available by Frontier to
FCA through Frontier OSS Facilties.
8.5.5.3 Information obtained by Frontier pursuant to this Section
8.5.5 shall be treated by Frontier as Confidential Information
of FCA pursuant to Section 10 of the General Terms and
Conditions; provided that, Frontier shall have the right (but
not the obligation) to use and disclose information obtained
by Frontier pursuant to Section 8.5.5 of this Attachment to
enforce Frontier's rights under this Agreement or Applicable
Law.
8.5.6 FCA acknowledges that the Frontier OSS Information, by its nature, is
updated and corrected on a continuous basis by Frontier, and
therefore that Frontier OSS Information is subject to change from time
to time.
8.6 Liabilities and Remedies.
8.6.1 Any breach by FCA , or FCA 's employees, agents or contractors, of
the provisions of Sections 8.4 or 8.5 of this Attachment shall be
deemed a material breach of this Agreement. In addition, if FCA or an
FCA 10 Camp v3.3a _07142010 50
employee, agent or contractor of FCA at any time breaches a
provision of Sections 8.4 or 8.5 of this Attachment and such breach
continues for more than ten (10) days after written notice thereoffrom
Frontier, then, except as otherwise required by Applicable Law,
Frontier shall have the right, upon notice to FCA , to suspend the
license to use Frontier OSS Information granted by Section 8.5.1 of
this Attachment and/or the provision of Frontier ass Services, in
whole or in part.
8.6.2 FCA agrees that Frontier would be irreparably injured by a breach of
Sections 8.4 or 8.5 of this Attachment by FCA or the employees,
agents or contractors of FCA , and that Frontier shall be entitled to
seek equitable relief, including injunctive relief and specific
performance, in the event of any such breach. Such remedies shall
not be deemed to be the exclusive remedies for any such breach, but
shall be in addition to any other remedies available under this
Agreement or at law or in equity.
8.7 Relation to Applicable Law.
The provisions of Sections 8.4, 8.5 and 8.6 of this Attachment with regard to the
confidentiality of information shall be in addition to and not in derogation of any
provisions of Applicable Law with regard to the confidentiality of information,
including, but not limited to, 47 U.S.C. § 222, and are not intended to constitute a
waiver by Frontier of any right with regard to protection of the confidentiality of
the information of Frontier or Frontier Customers provided by Applicable Law.
8.8 Cooperation.
FCA , at FCA 's expense, shall reasonably cooperate with Frontier in using
Frontier ass Services. Such cooperation shall include, but not be limited to, the
following:
8.8.1 Upon request by Frontier, FCA shall by no later than the fifteenth
(15th) day of the last month of each Calendar Quarter submit to
Frontier reasonable, good faith estimates of the volume of each type of
OSS transaction that FCA anticipates submitting in each week of the
next Calendar Quarter.
8.8.2 FCA shall reasonably cooperate with Frontier in submitting orders for
Frontier Services and otherwise using the Frontier OSS Services, in
order to avoid exceeding the capacity or capabilties of such Frontier
OSS Services.
8.8.3 FCA shall participate in cooperative testing of Frontier OSS Services
and shall provide assistance to Frontier in identifying and correcting
mistakes, omissions, interruptions, delays, errors, defects, faults,
failures, or other deficiencies, in Frontier OSS Services.
8.9 Frontier Access to Information Related to FCA Customers.
8.9.1 Frontier shall have the right to access, use and disclose information
related to FCA Customers that is in Frontier's possession (including,
but not limited to, in Frontier OSS Facilties) to the extent such access,
use and/or disclosure has been authorized by the FCA Customer in
the manner required by Applicable Law.
FCA 10 Camp v3.3a _07142010 51
8.9.2 Upon request by Frontier, FCA shall negotiate in good faith and enter
into a contract with Frontier, pursuant to which Frontier may obtain
access to FCA 's operations support systems (including, systems for
pre-ordering, ordering, provisioning, maintenance and repair, and
billing) and information contained in such systems, to permit Frontier
to obtain information related to FCA Customers (as authorized by the
applicable FCA Customer), to permit Customers to transfer service
from one Telecommunications Carrier to another, and for such other
purposes as may be permitted by Applicable Law.
8.10 (Intentionally Left Blank).
8.11 Cancellations.
Frontier may cancel orders for service which have had no activity within thirt-
one (31) consecutive calendar days after the original service due date.
9. Poles, Ducts, Conduits and Rights-of-Way
9.1 Frontier shall afford FCA non-discriminatory access to poles, ducts, conduits and
rights-of-way owned or controlled by Frontier. Such access shall be provided in
accordance with, but only to the extent required by, Applicable Law, pursuant to
Frontier's applicable Tariffs, or, in the absence of an applicable Frontier Tariff,
Frontier's generally offered form of license agreement, or, in the absence of such
a Tariff and license agreement, a mutually acceptable agreement to be
negotiated by the Parties.
9.2 FCA shall afford Frontier non-discriminatory access to poles, ducts, conduits and
rights-of-way owned or controlled by FCA. Such access shall be provided
pursuant to FCA 's applicable Tariffs, or, in the absence of an applicable FCA
Tariff, FCA 's generally offered form of license agreement, or, in the absence of
such a Tariff and license agreement, a mutually acceptable agreement to be
negotiated by the Parties. The terms, conditions and prices offered to Frontier by
FCA for such access shall be no less favorable than the terms, conditions and
prices offered to FCA by Frontier for access to poles, ducts, conduits and rights
of way owned or controlled by Frontier.
10. Telephone Numbers
10.1 This Section applies in connection with FCA Customers served by
Telecommunications Services provided by Frontier to FCA for resale.
10.2 FCA 's use of telephone numbers shall be subject to Applicable Law and the
rules of the North American Numbering Council, the North American Numbering
Plan Administrator, the applicable provisions of this Agreement (including, but not
limited to, this Section 10), and Frontier's practices and procedures for use and
assignment of telephone numbers, as amended from time-to-time.
10.3 Subject to Sections 10.2 and 10.4 of this Attachment, if a Customer of either
Frontier or FCA who is served by a Frontier Telecommunications Service ("VTS")
changes the LEC that serves the Customer using such VTS (including a change
from Frontier to FCA , from FCA to Frontier, or from FCA to a LEC other than
Frontier), after such change, the Customer may continue to use with such VTS
the telephone numbers that were assigned to the VTS for the use of such
Customer by Frontier immediately prior to the change.
FCA 10 Camp v3.3a _07142010 52
10.4 Frontier shall have the right to change the telephone numbers used by a
Customer if at any time: (a) the Customer requests service at a new location,
that is not served by the Frontier switch and the Frontier rate center from which
the Customer previously had service; (b) continued use of the telephone
numbers is not technically feasible; or, (c) in the case of Telecommunications
Service provided by Frontier to FCA for resale, the type or class of service
subscribed to by the Customer changes.
10.5 If service on a VTS provided by Frontier to FCA under this Agreement is
terminated and the telephone numbers associated with such VTS have not been
ported to a FCA switch, the telephone numbers shall be available for
reassignment by Frontier to any person to whom Frontier elects to assign the
telephone numbers, including, but not limited to, Frontier, Frontier Customers,
FCA , or Telecommunications Carriers other than Frontier and FCA .
10.6 FCA may reserve telephone numbers only to the extent Frontier's Customers
may reserve telephone numbers.
11. Routing for Operator Services and Directory Assistance Traffc
For a Frontier Telecommunications Service dial tone line purchased by FCA for resale
pursuant to the Resale Attachment, upon request by FCA , Frontier will establish an
arrangement that wil permit FCA to route the FCA Customer's calls for operator and
directory assistance services to a provider of operator and directory assistance services
selected by FCA. Frontier wil provide this routing arrangement in accordance with, but
only to the extent required by, Applicable Law. Frontier wil provide this routing
arrangement pursuant to an appropriate written request submitted by FCA and a mutually
agreed-upon schedule. This routing arrangement wil be implemented at FCA 's
expense, with charges determined on an individual case basis. In addition to charges for
initially establishing the routing arrangement, FCA wil be responsible for ongoing monthly
and/or usage charges for the routing arrangement. FCA shall arrange, at its own
expense, the trunking and other facilities required to transport traffc to FCA 's selected
provider of operator and directory assistance services.
12. Unauthorized Carrier Change Charges
In the event either Part requests that the other Party install, provide, change, or
terminate a Customer's Telecommunications Service (including, but not limited to, a
Customer's selection of a primary Telephone Exchange Service Provider) without having
obtained authorization from the Customer for such installation, provision, selection,
change or termination in accordance with Applicable Laws, the requesting Party shall be
liable to the other Part for all charges that would be applicable to the Customer for the
initial change in the Customets Telecommunications Service and any charges for
restoring the Customer's Telecommunications Service to its Customer-authorized
condition (all such charges together, the "Carrier Change Charges"), including to the
appropriate primary Telephone Exchange Service provider. Such Carrier Change
Charges may be assessed on the requesting Part by the other Part at any time after
the Customer is restored to its Customer-authorized condition.
13. Good Faith Penormance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with FCA reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
FCA 10 Camp v3.3a _07142010 53
implementation timeframes), either Party may utilze the Agreement's dispute resolution
procedures.
FCA 10 Camp v3.3a _07142010 54
INTERCONNECTION ATTACHMENT
1. General
Each Part shall provide to the other Party, in accordance with this Agreement, but only
to the extent required by Applicable Law, interconnection at (i) any technically feasible
Point(s) of Interconnection on Frontier's network in a LATA and/or (ii) a fiber meet point to
which the Parties mutually agree under the terms of this Agreement, for the transmission
and routing of Telephone Exchange Service and Exchange Access. By way of example,
a technically feasible Point of Interconnection on Frontier's network in a LATA would
include an applicable Frontier Tandem Interconnection Wire Center or Frontier End Offce
Interconnection Wire Center but, notwithstanding any other provision of this Agreement
or otherwise, would not include a FCAlnterconnection Wire Center, FCA switch or any
portion of a transport facilty provided by Frontier to FCA or another party between (x) a
Frontier Interconnection Wire Center or switch and (y) the Interconnection Wire Center or
switch of FCA or another party. For brevity's sake, the foregoing examples of locations
that, respectively, are and are not "on Frontier's network" shall apply (and are hereby
incorporated by reference) each time the term "on Frontier's network" is used in this
Agreement.
"
2. Points of Int~rconnection and Trunk Types
2.1 Point(s) of Interconnection.
2.1.1 Each Part, at its own expense, shall provide transport facilties to the
technically feasible Point(s) of Interconnection on Frontier's network in
a LATA selected by FCA.
2.2 Trunk Types.
2.2.1 In interconnecting their networks pursuant to this Attachment, the
Parties will use, as appropriate, the following separate and distinct
trunk groups:
2.2.1.1 Interconnection Trunks for the transmission and routing of
Reciprocal Compensation Traffc, translated LEC IntraLATA
toll free service access code (e.g., 800/888/877) traffc, and
IntraLATA Toll Traffc, between their respective Telephone
Exchange Service Customers, Tandem Transit Traffc, and,
Measured Internet Traffc, all in accordance with Sections 5
through 8 of this Attachment;
2.2.1.2 Access Toll Connecting Trunks for the transmission and
routing of Exchange Access traffc, including translated
InterLATA toll free service access code (e.g., 800/888/877)
traffc, between FCA Telephone Exchange Service
Customers and purchasers of Switched Exchange Access
Service via a Frontier access Tandem in accordance with
Sections 9 through 11 of this Attachment; and
2.2.1.3 Miscellaneous Trunk Groups as mutually agreed to by the
Parties, including, but not limited to: (a) choke trunks for
traffc congestion and testing; and, (b) untranslated
IntraLATAllnterLATA toll free service access code (e.g.
800/888/877) traffc.
FCA 10 Camp v3.3a _07142010 55
2.2.2 Other types of trunk groups may be used by the Parties as provided in
other Attachments to this Agreement (e.g., 911/E-911 Trunks) or in
other separate agreements between the Parties (e.g., directory
assistance trunks, operator services trunks, BL V/BL Vi trunks or trunks
for 500/555 traffc).
2.2.3 In accordance with the terms of this Agreement, the Parties wil deploy
One-Way Interconnection Trunks (trunks with traffc going in one
direction, including one-way trunks and uni-directional two-way trunks)
and/or Two-Way Interconnection Trunks (trunks with traffc going in
both directions).
2.2.4 FCA shall establish, at the technically feasible Point(s) of
Interconnection on Frontier's network in a LATA, separate
Interconnection Trunk group(s) between such POI(s) and each
Frontier Tandem in a LATA with a subtending End Offce(s) to which
FCA originates calls for Frontier to terminate.
2.2.5 In the event the volume of traffc between a Frontier End Offce and a
technically feasible Point of Interconnection on Frontier's network in a
LATA, which is carried by a Final Tandem Interconnection Trunk
group, exceeds (a) the Centum Call Seconds (Hundred Call Seconds)
busy hour equivalent of one (1) DS1 at any time; (b) 200,000 minutes
of use for a single month; and/or; (c) 600 busy hour Centum Call
Seconds (BHCCS) of use for a single month: (i) if One-Way
Interconnection Trunks are used, the originating Part shall promptly
establish new or augment existing End Offce One-Way
Interconnection Trunk groups between the Frontier End Offce and the
technically feasible Point of Interconnection on Frontier's network; or,
(ii) if Two-Way Interconnection Trunks are used, FCA shall promptly
submit an ASR to Frontier to establish new or augment existing End
Offce Two-Way Interconnection Trunk group(s) between that Frontier
End Offce and the technically feasible Point of Interconnection on
Frontier's network.
2.2.6 Except as otherwise agreed in writing by the Parties, the total number
of Tandem Interconnection Trunks between a technically feasible
Point of Interconnection on Frontier's network and a Frontier Tandem
wil be limited to a maximum of 240 trunks. In the event that the
volume of traffc between a technically feasible Point of
Interconnection on Frontier's network and a Frontier Tandem exceeds,
or reasonably can be expected to exceed, the capacity of the 240
trunks, FCA shall promptly submit an ASR to Frontier to establish new
or additional End Offce Trunks to insure that the volume of traffc
between the technically feasible Point of Interconnection on Frontier's
network and the Frontier Tandem does not exceed the capacity of the
240 trunks.
2.3 One-Way Interconnection Trunks.
2.3.1 Where the Parties use One-Way Interconnection Trunks for the
delivery of traffc from FCA to Frontier, FCA, at FCA's own expense,
shall:
2.3.1.1 provide its own facilities for delivery of the traffc to the
technically feasible Point(s) of Interconnection on Frontier's
network in a LATA; and/or
FCA 10 Camp v3.3a _07142010 56
2.3.1.2 obtain transport for delivery of the traffc to the technically
feasible Point(s) of Interconnection on Frontier's netwrk in
a LATA (a) from a third part, or, (b) if Frontier offers such
transport pursuant to a Frontier access Tariff, from Frontier.
2.3.2 For each Tandem or End Offce One-Way Interconnection Trunk group
for delivery of traffc from FCA to Frontier with a utilization level of less
than sixt percent (60%) for final trunk groups and eighty-five percent
(85%) for high usage trunk groups, unless the Parties agree otherwise,
FCA will promptly submit ASRs to disconnect a suffcient number of
Interconnection Trunks to attain a utilzation level of approximately
sixt percent (60%) for all final trunk groups and eighty-five percent
(85%) for all high usage trunk groups. In the event FCA fails to
submit an ASR to disconnect One-Way Interconnection Trunks as
required by this Section, Frontier may disconnect the excess
Interconnection Trunks or bil (and FCA shall pay) for the excess
Interconnection Trunks at the rates set forth in the Pricing Attachment.
2.3.3 Where the Parties use One-Way Interconnection Trunks for the
delivery of traffc from Frontier to FCA , Frontier, at Frontier's own
expense, shall provide its own facilities for delivery of the traffc to the
technically feasible Point(s) of Interconnection on Frontier's network in
a LATA.
2.4 Two-Way Interconnection Trunks.
2.4.1 Where the Parties use Two-Way Interconnection Trunks for the
exchange of traffc between Frontier and FCA , FCA , at its own
expense, shall:
2.4.1.1 provide its own facilities to the technically feasible Point(s)
of Interconnection on Frontier's network in a LATA; and/or
2.4.1.2 obtain transport to the technically feasible Point(s) of
Interconnection on Frontier's network in a LATA (a) from a
third part, or, (b) if Frontier offers such transport pursuant
to a Frontier access Tariff, from Frontier.
2.4.2 Where the Parties use Two-Way Interconnection Trunks for the
exchange of traffc between Frontier and FCA , Frontier, at its own
expense, shall provide its own facilties to the technically feasible
Point(s) of Interconnection on Frontier's network in a LATA.
2.4.3 Prior to establishing any Two-Way Interconnection Trunks, FCA shall
meet with Frontier to conduct a joint planning meeting ("Joint Planning
Meeting"). At that Joint Planning Meeting, each Party shall provide to
the other Part originating Centum Call Seconds (Hundred Call
Seconds) information, and the Parties shall mutually agree on the
appropriate initial number of End Offce and Tandem Two-Way
Interconnection Trunks and the interface specifications at the
technically feasible Point(s) of Interconnection on Frontier's netwrk in
a LATA at which the Parties interconnect for the exchange of traffc.
Where the Parties have agreed to convert existing One-Way
Interconnection Trunks to Two-Way Interconnection Trunks, at the
Joint Planning Meeting, the Parties shall also mutually agree on the
conversion process and project intervals for conversion of such One-
Way Interconnection Trunks to Two-Way Interconnection Trunks.
FCA 10 Camp v3.3a _07142010 57
2.4.4 On a semi-annual basis, FCA shall submit a good faith forecast to
Frontier of the number of End Offce and Tandem Two-Way
Interconnection Trunks that FCA anticipates Frontier wil need to
provide during the ensuing two (2) year period for the exchange of
traffc between FCA and Frontier. FCA's trunk forecasts shall
conform to the Frontier CLEC trunk forecasting guidelines as in effect
at that time.
2.4.5 The Parties shall meet (telephonically or in person) from time to time,
as needed, to review data on End Offce and Tandem Two-Way
Interconnection Trunks to determine the need for new trunk groups
and to plan any necessary changes in the number of Two-Way
Interconnection Trunks.
2.4.6 Two-Way Interconnection Trunks shall have SS7 Common Channel
Signaling. The Parties agree to utilze B8ZS and Extended Super
Frame (ESF) DS1 facilties, where available.
2.4.7 With respect to End Offce Two-Way Interconnection Trunks, both
Parties shall use an economic Centum Call Seconds (Hundred Call
Seconds) equal to five (5). Either Party may disconnect End Offce
Two-Way Interconnection Trunks that, based on reasonable
engineering criteria and capacity constraints, are not warranted by the
actual traffc volume experienced.
2.4.8 Two-Way Interconnection Trunk groups that connect to a Frontier
access Tandem shall be engineered using a design blocking objective
of Neal-Wilkinson B.005 during the average time consistent busy hour.
Two-Way Interconnection Trunk groups that connect to a Frontier local
Tandem shall be engineered using a design blocking objective of
Neal-Wilkinson B.01 during the average time consistent busy hour.
Frontier and FCA shall engineer Two-Way Interconnection Trunks
using Telcordia Notes on the Networks SR 2275 (formerly known as
BOC Notes on the LEC Networks SR- TSV-002275).
2.4.9 The performance standard for final Two-Way Interconnection Trunk
groups shall be that no such Interconnection Trunk group wil exceed
its design blocking objective (B.005 or B.01, as applicable) for three
(3) consecutive calendar traffc study months.
2.4.10 FCA shall determine and order the number of Two-Way
Interconnection Trunks that are required to meet the applicable design
blocking objective for all traffc carried on each Two-Way
Interconnection Trunk group. FCA shall order Two-Way
Interconnection Trunks by submitting ASRs to Frontier setting forth the
number of Two-Way Interconnection Trunks to be installed and the
requested installation dates within Frontier's effective standard
intervals or negotiated intervals, as appropriate. FCA shall complete
ASRs in accordance with OBF Guidelines as in effect from time to
time.
2.4.11 Frontier may (but shall not be obligated to) monitor Two-Way
Interconnection Trunk groups using service results for the applicable
design blocking objective. If Frontier observes blocking in excess of
the applicable design objective on any Tandem Two-Way
Interconnection Trunk group and FCA has not notified Frontier that it
has corrected such blocking, Frontier may submit to FCA a Trunk
FCA 10 Camp v3.3a _07142010 58
2.4.12
2.4.13
2.4.14
Group Service Request directing FCA to remedy the blocking. Upon
receipt of a Trunk Group Service Request, FCA wil complete an ASR
to establish or augment the End Offce Two-Way Interconnection
Trunk group(s), or, if mutually agreed, to augment the Tandem Two-
Way Interconnection Trunk group with excessive blocking and submit
the ASR to Frontier within five (5) Business Days.
The Parties wil review all Tandem Two-Way Interconnection Trunk
groups that reach a utilzation level of seventy percent (70%), or
greater, to determine whether those groups should be augmented.
FCA will promptly augment all Tandem Two-Way Interconnection
Trunk groups that reach a utilzation level of eighty percent (80%) by
submitting ASRs for additional trunks suffcient to attain a utilzation
level of approximately seventy percent (70%), unless the Parties agree
that additional trunking is not required. For each Tandem Two-Way
Interconnection Trunk group with a utilization level of less than sixt
percent (60%), unless the Parties agree otherwise, FCA wil promptly
submit ASRs to disconnect a suffcient number of Interconnection
Trunks to attain a utilization level of approximately sixty percent (60%)
for each respective group, unless the Parties agree that the Two-Way
Interconnection Trunks should not be disconnected. In the event FCA
fails to submit an ASR for Two-Way Interconnection Trunks in
conformance with this Section, Frontier may disconnect the excess
Interconnection Trunks or bil (and FCA shall pay) for the excess
Interconnection Trunks at the applicable Frontier rates.
Because Frontier will not be in control of when and how many Two-
Way Interconnection Trunks are established between its network and
FCA 's network, Frontier's performance in connection with these Two-
Way Interconnection Trunk groups shall not be subject to any
performance measurements and remedies under this Agreement, and,
except as otherwise required by Applicable Law, under any FCC or
Commission approved carrier-to-carrer performance assurance
guidelines or plan.
FCA wil route its traffc to Frontier over the End Offce and Tandem
Two-Way Interconnection Trunks in accordance with SR- T AP-000191,
including but not limited to those standards requiring that a call from
FCA to a Frontier End Offce wil first be routed to the End Offce
Interconnection Trunk group between FCA and the Frontier End
Offce.
3. Alternative Interconnection Arrangements
3.1 Fiber Meet Arrangement Provisions.
3.1.1 Each Part may request a Fiber Meet arrangement by providing
written notice thereof to the other Party if each of the following
conditions has been met: (a) the Parties have consistently been
exchanging an amount of applicable traffc (as set forth in Section
3.1.3 below) in the relevant exchanges equal to at least one (1) DS-3
and (b) neither FCA nor any of FCA 's affliates has an overdue
balance on any bil rendered to FCA or FCA 's affliates for charges
that are not subject to a good faith dispute. Any such Fiber Meet
arrangement shall be subject to the terms of this Agreement. In
addition, the establishment of any Fiber Meet arrangement is
expressly conditioned upon the Parties mutually agreeing to the
FCA 10 Camp v3.3a _07142010 59
technical specifications and requirements for such Fiber Meet
arrangement including, but not limited to, the location of the Fiber Meet
points, routing, equipment (e.g., specifications of AddlDrop
Multiplexers, number of strands of fiber, etc.), softare, ordering,
provisioning, maintenance, repair, testing, augment and on any other
technical specifications or requirements necessary to implement the
Fiber Meet arrangement. For each Fiber Meet arrangement the
Parties agree to implement, the Parties wil complete and sign a
Technical Specifications and Requirements document, the form of
which is attached hereto as Exhibit A to Section 3 of the
Interconnection Attachment Fiber Meet Arrangement Provisions. Each
such document wil be treated as Confidential Information.
3.1.2 The Parties agree to consider the possibility of using existing fiber
cable with spare capacity, where available, to implement any such
request for a Fiber Meet arrangement. If existing fiber cable with
spare capacity is not available, the Parties agree to minimize the
construction and deployment of fiber cable necessary for any Fiber
Meet arrangement to which they agree. Except as otherwise agreed
by the Parties, any and all Fiber Meet points established between the
Parties shall extend no further than three (3) miles from an applicable
Frontier Tandem or End Offce and Frontier shall not be required to
construct or deploy more than five hundred (500) feet of fiber cable for
a Fiber Meet arrangement.
3.1.3 A Fiber Meet arrangement established under this Agreement may be
used for the transmission and routing of only the following traffc types
(over the Interconnection Trunks):
3.1.3.1 Reciprocal Compensation Traffc between the Parties'
respective Telephone Exchange Service Customers;
3.1.3.2 Translated LEC IntraLAT A toll free service access code
(e.g., 800/888/877) traffc between the Parties' respectiveTelephone Exchange Service Customers;
3.1.3.3 IntraLATA Toll Traffc between the Partes' respective
Telephone Exchange Service Customers;
3.1.3.4 Tandem Transit Traffc; and
3.1.3.5 Measured Internet Traffc.
To the extent that a Fiber Meet arrangement established under this
Agreement is used for the transmission and routing of traffc of the
types set forth in Sections 3.1.3.1 and/or 3.1.3.5, other than the
obligation to pay intercarrier compensation charges pursuant to the
terms of the Agreement, neither Part shall have any obligation to pay
the other Part any charges in connection with any Fiber Meet
arrangements established under this Agreement. To the extent that a
Fiber Meet arrangement established under this Agreement is used for
the transmission and routing of traffc of the type set forth in Section
3.1.3.2, the transport and termination of such traffc shall be subject to
the rates and charges set forth in the Agreement and applicable
Tariffs. To the extent that a Fiber Meet arrangement established
under this Agreement is used for the transmission and routing of traffc
of the type set forth in Section 3.1.3.3, the Part originating such traffc
FCA 10 Camp v3.3a _07142010 60
shall compensate the terminating Party for the transport and
termination of such traffc at the rates and charges set forth in the
Agreement and applicable Tariffs. To the extent that a Fiber Meet
arrangement established under this Agreement is used for the
transmission and routing of traffc of the type set forth in Section
3.1.3.4, Frontier shall charge (and FCA shall pay) Frontier's applicable
rates and charges as set fort in the Agreement and Frontier's
applicable Tariffs, including transport charges to the terminating
Frontier Tandem.
3.1.4 At FCA 's written request, a Fiber Meet arrangement established
under this Agreement may be used for the transmission and routing of
the following traffc types over the following trunk types:
3.1.4.1 Operator services traffc from FCA 's Telephone Exchange
Service Customers to an operator services provider over
operator services trunks;
3.1.4.2 Directory assistance traffc from FCA 's Telephone
Exchange Service Customers to a directory assistance
provider over directory assistance trunks;
3.1.4.3 911 traffc from FCA 's Telephone Exchange Service
Customers to 911/E-911 Tandem Offce(s)/Selective
Router(s) over 911 trunks; and
3.1.4.4 Jointly-provided Switched Exchange Access Service traffc,
including translated InterLATA toll free service access code
(e.g., 800/888/877) traffc, between FCA's Telephone
Exchange Service Customers and third-part purchasers of
Switched Exchange Access Service via a Frontier access
Tandem over Access Toll Connecting Trunks.
To the extent that a Fiber Meet arrangement established under this
Agreement is used for the transmission and routing of any traffc of the
types set forth in this Section 3.1.4 Frontier may bil (and FCA shall
pay) Frontier's applicable Tariff rates and charges. Except as
otherwise agreed in writing by the Parties or as expressly set forth in
Sections 3.1.3 and/or 3.1.4 of this Interconnection Attachment, access
services (switched and unswitched) and unbundled network elements
shall not be provisioned on or accessed through Fiber Meet
arrangements.
3.1.5 FCA wil include traffc to be exchanged over Fiber Meet arrangements
in its forecasts provided to Frontier under the Agreement.
4. Initiating Interconnection
4.1 If FCA determines to offer Telephone Exchange Services and to interconnect
with Frontier in any LATA in which Frontier also offers Telephone Exchange
Services and in which the Parties are not already interconnected pursuant to this
Agreement, FCA shall provide written notice to Frontier of the need to establish
Interconnection in such LATA pursuant to this Agreement.
4.2 The notice provided in Section 4.1 of this Attachment shall include (a) the initial
Routing Point(s); (b) the applicable technically feasible Point(s) of
Interconnection on Frontier's network to be established in the relevant LATA in
FCA 10 Camp v3.3a _07142010 61
accordance with this Agreement; (c) FCA 's intended Interconnection activation
date; (d) a forecast of FCA 's trunking requirements conforming to Section 14.2
of this Attachment; and (e) such other information as Frontier shall reasonably
request in order to faciltate Interconnection.
4.3 The interconnection activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Frontier of all necessary information as indicated
above. Within ten (10) Business Days of Frontier's receipt of FCA 's notice
provided for in Section 4.1 of this Attachment, Frontier and FCA shall confirm the
technically feasible Point of Interconnection on Frontier's network in the new
LATA and the mutually agreed upon Interconnection activation date for the new
LATA.
5. Transmission and Routing of Telephone Exchange Service Traffc
5.1 Scope of Traffc.
Section 5 prescribes parameters for Interconnection Trunks used for
Interconnection pursuant to Sections 2 through 4 of this Attachment.
5.2 Trunk Group Connections and Ordering.
5.2.1 For both One-Way and Two-Way Interconnection Trunks, if FCA
wishes to use a technically feasible interface other than a DS1 or a
DS3 facilty at the POI, the Parties shall negotiate reasonable terms
and conditions (including, without limitation, rates and implementation
timeframes) for such arrangement; and, if the Parties cannot agree to
such terms and conditions (including, without limitation, rates and
implementation timeframes), either Part may utilze the Agreement's
dispute resolution procedures.
5.2.2 When One-Way or Two-Way Interconnection Trunks are provisioned
using a DS3 interface facilty, if FCA orders the multiplexed DS3
facilities to a Frontier Central Offce that is not designated in the NECA
4 Tariff as the appropriate Intermediate Hub location (Le., the
Intermediate Hub location in the appropriate Tandem subtending area
based on the LERG), and the provision of such facilties to the subject
Central Offce is technically feasible, the Parties shall negotiate in
good faith reasonable terms and conditions (including, without
limitation, rates and implementation timeframes) for such
arrangement; and, if the Parties cannot agree to such terms and
conditions (including, without limitation, rates and implementation
timeframes), either Part may utilize the Agreement's dispute
resolution procedures.
5.2.3 Each Part wil identify its Carrier Identification Code, a three or four
digit numeric code obtained from Telcordia, to the other Part when
ordering a trunk group.
5.2.4 For multi-frequency (MF) signaling each Party wil out pulse ten (10)
digits to the other Part, unless the Parties mutually agree otherwse.
5.2.5 Each Party wil use commercially reasonable efforts to monitor trunk
groups under its control and to augment those groups using generally
accepted trunk-engineering standards so as to not exceed blocking
objectives. Each Part agrees to use modular trunk-engineering
techniques for trunks subject to this Attachment.
FCA 10 Camp v3.3a _07142010 62
5.3 Switching System Hierarchy and Trunking Requirements.
For purposes of routing FCA traffc to Frontier, the subtending arrangements
between Frontier Tandems and Frontier End Offces shall be the same as the
Tandem/End Offce subtending arrangements Frontier maintains for the routing
of its own or other carriers' traffc (Le., traffc will be routed to the appropriate
Frontier Tandem subtended by the terminating End Offce serving the Frontier
Customer). For purposes of routing Frontier traffc to FCA , the subtending
arrangements between FCA Tandems and FCA End Offces shall be the same
as the Tandem/End Offce subtending arrangements that FCA maintains for the
routing of its own or other carrers' traffc.
5.4 Signaling.
Each Party wil provide the other Party with access to its databases and
associated signaling necessary for the routing and completion of the other
Party's traffc in accordance with the provisions of this Agreement and any
applicable Tariff.
5.5 Grades of Service.
The Parties shall initially engineer and shall monitor and augment all trunk
groups consistent with the Joint Process as set forth in Section 14.1 of this
Attachment.
6. Traffc Measurement and Biling over Interconnection Trunks
6.1 For biling purposes, each Part shall pass Callng Party Number (CPN)
information on at least ninety-five percent (95%) of calls carried over the
Interconnection Trunks.
6.1.1 As used in this Section 6, "Traffc Rate" means the applicable
Reciprocal Compensation Traffc rate, Measured Intemet Traffc rate,
intrastate Switched Exchange Access Service rate, interstate Switched
Exchange Access Service rate, or intrastatelinterstate Tandem Transit
Traffc rate, as provided in the Pricing Attachment, an applicable Tariff,
or, for Measured Internet Traffc, the FCC Internet Orders.
6.1.2 If the originating Party passes CPN on ninety-five percent (95%) or
more of its calls, the receiving Part shall bil the originating Part the
Traffc Rate applicable to each relevant minute of traffc for which CPN
is passed. For any remaining (up to 5%) calls without CPN
information, the receiving Part shall bil the originating Party for such
traffc at the Traffc Rate applicable to each relevant minute of traffc, in
direct proporton to the minutes of use of calls passed with CPN
information.
6.1.3 If the originating Part passes CPN on less than ninety-five percent
(95%) of its calls and the originating Part chooses to combineReciprocal Compensation Traffc and Toll Traffc on the same trunk
group, the receiving Part shall bil the higher of its interstate Switched
Exchange Access Service rates or its intrastate Switched Exchange
Access Services rates for all traffc that is passed without CPN, unless
the Partes agree that other rates should apply to such traffc.
6.2 At such time as a receiving Part has the capabilty, on an automated basis, to
use such CPN to classify traffc delivered over Interconnection Trunks by the
FCA 10 Camp v3.3a _07142010 63
other Party by Traffc Rate type (e.g., Reciprocal Compensation Traffc/Measured
Internet Traffc, intrastate Switched Exchange Access Service, interstate
Switched Exchange Access Service, or intrastate/interstate Tandem Transit
Traffc), such receiving Party shall bil the originating Part the Traffc Rate
applicable to each relevant minute of traffc for which CPN is passed. If the
receiving Party lacks the capabilty, on an automated basis, to use CPN
information on an automated basis to classify traffc delivered by the other Party
by Traffc Rate type, the originating Part wil supply Traffc Factor 1 and Traffc
Factor 2. The Traffc Factors shall be supplied in writing by the originating Party
within thirt (30) days of the Effective Date and shall be updated in writing by the
originating Party quarterly. Measurement of billing minutes for purposes of
determining terminating compensation shall be in conversation seconds (the time
in seconds that the Parties equipment is used for a completed call, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billng minutes for originating toll free service access code (e.g.,
800/888/877) calls shall be in accordance with applicable Tariffs. Determination
as to whether traffc is Reciprocal Compensation Traffc or Measured Internet
Traffc shall be made in accordance with Paragraphs 8 and 79, and other
applicable provisions, of the April 18, 2001 FCC Internet Order (including, but not
limited to, in accordance with the rebuttable presumption established by the April
18, 2001 FCC Internet Order that traffc delivered to a carrier that exceeds a 3:1
ratio of terminating to originating traffc is Measured Internet Traffc, and in
accordance with the process established by the April 18, 2001 FCC Internet
Order for rebutting such presumption before the Commission) as modified by the
November 5, 2008 FCC Internet Order and other applicable FCC orders and
FCC Regulations.
6.3 Each Part reserves the right to audit all Traffc, up to a maximum of two audits
per Calendar Year, to ensure that rates are being applied appropriately;
provided, however, that either Party shall have the right to conduct additional
audit( s) if the preceding audit disclosed material errors or discrepancies. Each
Party agrees to provide the necessary Traffc data in conjunction with any such
audit in a timely manner.
6.4 Nothing in this Agreement shall be construed to limit either Part's ability to
designate the areas within which that Part's Customers may make calls which
that Part rates as "local" in its Customer Tariffs.
6.5 If and, to the extent that, a FCA Customer receives V/FX Traffc, FCA shall
promptly provide notice thereof to Frontier (such notice to include, without
limitation, the specific telephone number(s) that the Customer uses for V/FX
Traffc, as well as the LATA in which the Customer's station is actually physically
located) and shall not bil Frontier Reciprocal Compensation, intercarrier
compensation or any other charges for calls placed by Frontier's Customers to
such FCA Customers.
7. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) ofthe Act
7.1 Reciprocal Compensation.
The Parties shall exchange Reciprocal Compensation Traffc at the technically
feasible Point(s) of Interconnection on Frontier's network in a LATA designated in
accordance with the terms of this Agreement. The Part originating Reciprocal
Compensation Traffc shall compensate the terminating Part for the transport
and termination of such traffc to its Customer in accordance with Section
251 (b)(5) ofthe Act at the equal and symmetrical rates stated in the Pricing
Attachment; it being understood and agreed that Frontier shall charge (and FCA
FCA 10 Camp v3.3a _07142010 64
shall pay Frontier) the End Offce Reciprocal Compensation rate set forth in the
Pricing Attachment for Reciprocal Compensation Traffc FCA physically delivers
to a POI at the Frontier Interconnection Wire Center in which the terminating
Frontier End Offce is located, and otherwise that Frontier shall charge (FCA shall
pay Frontier) the Tandem Reciprocal Compensation rate set forth in the Pricing
Attachment for Reciprocal Compensation Traffc FCA delivers to Frontier; it also
being understood and agreed that FCA shall charge (and Frontier shall pay FCA
) the End Offce Reciprocal Compensation rate set forth in the Pricing Attachment
for Reciprocal Compensation Traffc Frontier delivers to FCA. These rates are
to be applied at the technically feasible Point(s) of Interconnection on Frontier's
network in a LATA at which the Parties interconnect, whether such traffc is
delivered by Frontier for termination by FCA , or delivered by FCA for termination
by Frontier. No additional charges shall be assessed by the terminating Party for
the transport and termination of such traffc from the technically feasible Point(s)
of Interconnection on Frontier's network in a LATA to its Customer; provided,
however, for the avoidance of any doubt, FCA shall also pay Frontier, at the rates
set forth in the Pricing Attachment, for any multiplexing, cross connects or other
collocation related Services that FCA obtains from Frontier. When Toll Traffc is
delivered over the same Interconnection Trunks as Reciprocal Compensation
Traffc, any port, transport or other applicable access charges related to the
delivery of Toll Traffc from the technically feasible Point of Interconnection on
Frontier's network in a LATA to the terminating Party's Customer shall be
prorated so as to apply only to the Toll Traffc. The designation of traffc as
Reciprocal Compensation Traffc for purposes of Reciprocal Compensation shall
be based on the actual originating and terminating points of the complete end-to-
end communication.
7.2 Traffc Not Subject to Reciprocal Compensation.
7.2.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffc (Le., V/FX Traffc), Information Access, or exchange
services for Exchange Access or Information Access.
7.2.2 Reciprocal Compensation shall not apply to Internet Traffc.
7.2.3 Reciprocal Compensation shall not apply to Toll Traffc, including, but
not limited to, calls originated on a 1 + presubscription basis, or on a
casual dialed (1 OXX1 01 XX) basis.
7.2.4 Reciprocal Compensation shall not apply to Optional Extended Local
Callng Scope Arrangement Traffc.
7.2.5 Reciprocal Compensation shall not apply to special access, private
line, or any other traffc that is not switched by the terminating Part.
7.2.6 Reciprocal Compensation shall not apply to Tandem Transit Traffc.
7.2.7 Reciprocal Compensation shall not apply to Voice Information Service
Traffc (as defined in Section 5 of the Additional Services Attachment).
7.2.8 Reciprocal Compensation shall not apply to traffc that is not subject to
Reciprocal Compensation under Section 251 (b )(5) of the Act.
7.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffc (Le., VlFX Traffc). As used in this Agreement, "Virtual Foreign
Exchange Traffc" or "V/FX Traffc" is defined as calls in which a FCA
FCA 10 Camp v3.3a _07142010 65
Customer is assigned a telephone number with an NXX Code (as set
forth in the LERG) associated with an exchange that is different than
the exchange (as set forth in the LERG) associated with the actual
physical location of such Customer's station. For the avoidance of any
doubt, FCA shall pay Frontier's originating access charges for all V/FX
Traffc originated by a Frontier Customer, and FCA shall pay Frontier's
terminating access charges for all VIFX Traffc originated by a FCA
Customer.
7.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) biled by FCA to Frontier shall not
exceed the Reciprocal Compensation rates (including, but not limited to,
Reciprocal Compensation per minute of use charges) biled by Frontier to FCA .
8. Other Types of Traffic
8.1 Notwithstanding any other provision ofthis Agreement or any Tariff: (a) the
Parties' rights and obligations with respect to any intercarrier compensation that
may be due in connection with their exchange of Internet Traffc shall be
governed by the terms of the FCC Internet Orders and other applicable FCC
orders and FCC Regulations; and, (b) a Part shall not be obligated to pay any
intercarrier compensation for Internet Traffc that is in excess of the intercarrier
compensation for Internet Traffc that such Part is required to pay under the
FCC Internet Orders and other applicable FCC orders and FCC Regulations.
8.2 Subject to Section 8.1 of this Attachment, interstate and intrastate Exchange
Access, Information Access, exchange services for Exchange Access or
Information Access, and Toll Traffc, shall be governed by the applicable
provisions of this Agreement and applicable Tariffs.
8.3 For any traffc originating with a third part carrier and delivered by FCA to
Frontier, FCA shall pay Frontier the same amount that such third party carrier
would have been obligated to pay Frontier for termination of that traffc at the
location the traffc is delivered to Frontier by FCA .
8.4 Any traffc not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffc.
8.5 The Parties may also exchange Internet Traffc at the technically feasible Point(s)
of Interconnection on Frontier's network in a LATA established hereunder for the
exchange of Reciprocal Compensation Traffc. Any intercarrier compensation
that may be due in connection with the Parties' exchange of Internet Traffc shall
be applied at such technically feasible Point of Interconnection on Frontiets
network in a LATA in accordance with the FCC Internet Orders and other
applicable FCC orders and FCC Regulations.
9. Transmission and Routing of Exchange Access Traffic
9.1 Scope of Traffc.
Section 9 prescribes parameters for certain trunks to be established over the
Interconnections specified in Sections 2 through 5 of this Attachment for the
transmission and routing of traffc between FCA Telephone Exchange Service
Customers and Interexchange Carriers ("Access Toll Connecting Trunks"), in any
case where FCA elects to have its End Offce Switch subtend a Frontier Tandem.
This includes casually-dialed (1010XX and 101XX) traffc.
FCA 10 Cap v3.3a _07142010 66
9.2 Access Toll Connecting Trunk Group Architecture.
9.2.1 If FCA chooses to subtend a Frontier access Tandem, FCA 's
NPAlNXX must be assigned by FCA to subtend the same Frontier
access Tandem that a Frontier NPAlNXX serving the same Rate
Center Area subtends as identified in the LERG.
9.2.2 FCA shall establish Access Toll Connecting Trunks pursuant to
applicable access Tariffs by which it wil provide Switched Exchange
Access Services to Interexchange Carriers to enable such
Interexchange Carriers to originate and terminate traffc to and from
FCA 's Customers.
9.2.3 The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Offce FCA utilzes to provide Telephone
Exchange Service and Switched Exchange Access to its Customers in
a given LATA to the access Tandem(s) Frontier utilzes to provide
Exchange Access in such LATA.
9.2.4 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow FCA 's
Customers to connect to or be connected to the interexchange trunks
of any Interexchange Carrier which is connected to a Frontier access
Tandem.
10. Meet-Point Billng (MPB) Arrangements
10.1 FCA and Frontier wil establish MPB arrangements in order to provide a common
transport option to Switched Exchange Access Services customers via a Frontier
access Tandem Switch in accordance with the MPB guidelines contained in the
OBF's MECAB and MECOD documents, except as modified herein, and in
Frontier's applicable Tariffs. The arrangements described in this Section 10 are
intended to be used to provide Switched Exchange Access Service where the
transport component of the Switched Exchange Access Service is routed through
an access Tandem Switch that is provided by Frontier.
10.2 In each LATA, the Parties shall establish MPB arrangements for the applicable
FCA Routing PoinUFrontier Serving Interconnection Wire Center combinations.
10.3 Interconnection for the MPB arrangement shall occur at each of the Frontier
access Tandems in the LATA, unless otherwise agreed to by the Parties.
10.4 FCA and Frontier wil use reasonable efforts, individually and collectively, to
maintain provisions in their respective state access Tariffs, and/or provisions
within the National Exchange Carrier Association (NECA) Tariff No.4, or any
successor Tariff suffcient to reflect the MPB arrangements established pursuant
to this Agreement.
10.5 In general, there are four alternative MPB arrangements possible, which are:
Single Bil/Single Tariff, Multiple Bil/Single Tariff, Multiple Bill/Multiple Tariff, and
Single Bil/Multiple Tariff, as outlned in the OBF MECAB Guidelines.
Each Part shall implement the "Multiple Bill/Single Tariff or "Multiple Bil/Multiple
Tariff" option, as appropriate, in order to bil an IXC for the porton of the MPB
arrangement provided by that Party. Alternatively, in former Bell Atlantic service
areas, upon agreement of the Parties, each Part may use the New York State
Access Pool on its behalfto implement the Single Bil/Multiple Tariff or Single
FCA 10 Camp v3.3a _07142010 67
Bil/Single Tariff option, as appropriate, in order to bil an IXC for the portion of
the MPB arrangement provided by that Part.
10.6 The rates to be biled by each Party for the portion of the MPB arrangement
provided by it shall be as set forth in that Part's applicable Tariffs, or other
document that contains the terms under which that Part's access services are
offered. For each FCA Routing PoinUFrontier Serving Interconnection Wire
Center combination, the MPB billng percentages for transport between the FCA
Routing Point and the Frontier Serving Interconnection Wire Center shall be
calculated in accordance with the formula set forth in Section 10.17 of this
Attachment.
10.7 Each Party shall provide the other Part with the billng name, billng address,
and Carrier Identification Code (CIC) of the IXC, and identification of the Frontier
Interconnection Wire Center serving the IXC in order to comply with the MPB
notification process as outlined in the MECAB document.
10.8 Frontier shall provide FCA with the Terminating Switched Access Detail Usage
Data (EMI category 1101XX records) recorded at the Frontier access Tandem on
cartridge or via such other media as the Parties may agree to, no later than ten
(10) Business Days after the date the usage occurred.
10.9 FCA shall provide Frontier with the Originating Switched Access Detail Usage
Data (EM I category 1101XX records) on cartridge or via such other media as the
Parties may agree, no later than ten (10) Business Days after the date the usage
occurred.
10.10 All usage data to be provided pursuantto Sections 10.8 and 10.9 of this
Attachment shall be sent to the following addresses:
To FCA:
FCA
Attn: Access Billng for FCA
PO Box 92713
Rochester, NY 14692
For Frontier:
Frontier Communications
Attention: Access Biling
P.O. Box 92713
Rochester, NY 14692
Either Party may change its address for receiving usage data by notifying the
other Party in writing pursuant to Section 29 of the General Terms and
Conditions.
10.11 FCA and Frontier shall coordinate and exchange the biling account reference
(BAR) and biling account cross reference (BACR) numbers or Operating
Company Number ("OCN"), as appropriate, for the MPB arrangements described
in this Section 10. Each Party shall notify the other if the level of billng or other
BARIBACR elements change, resulting in a new BARIBACR number, or if the
OCN changes.
10.12 Each Part agrees to provide the other Part with notification of any errors it
discovers in MPB data within thirty (30) calendar days of the receipt of the
FCA 10 Camp v3.3a _07142010 68
original data. The other Part shall attempt to correct the error and resubmit the
data within ten (10) Business Days of the notification. In the eventthe errors
cannot be corrected within such ten- (10) Business-Day period, the erroneous
data wil be considered lost. In the event of a loss of data, whether due to
uncorrectable errors or otherwise, both Parties shall cooperate to reconstruct the
lost data and, if such reconstruction is not possible, shall accept a reasonable
estimate of the lost data based upon prior usage data.
10.13' Either Part may request a review or audit of the various components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Part.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours. A Party may conduct
additional audits, at its expense, upon the other Party's consent, which consent
shall not be unreasonably withheld.
10.14 Except as expressly set forth in this Agreement, nothing contained in this Section
10 shall create any liabilty for damages, losses, claims, costs, injuries, expenses
or other liabilities whatsoever on the part of either Part.
10.15 MPB wil apply for all traffc bearing the 500, 900, toll free service access code
(e.g. 800/888/877) (to the extent provided by an IXC) or any other non-
geographic NPA which may be designated for such traffc in the future.
10.16 In the event FCA determines to offer Telephone Exchange Services in a LATA in
which Frontier operates an access Tandem Switch, Frontier shall permit and
enable FCA to subtend the Frontier access Tandem Switch(es) designated for
the Frontier End Offces in the area where there are located FCA Routing
Point(s) associated with the NPA NXX(s) tolfrom which the Switched Exchange
Access Services are homed.
10.17 Except as otherwise mutually agreed by the Parties, the MPB billng percentages
for each Routing Point/Frontier Serving Interconnection Wire Center combination
shall be calculated according to the following formula, unless as mutually agreed
to by the Parties:
a / (a + b)=FCA Billng Percentage
and
b I (a + b)=Frontier Biling Percentage
where:
a = the airline mileage between FCA Routing Point and the actual
point of interconnection for the MPB arrangement; and
b = the airline mileage between the Frontier Serving Interconnection
Wire Center and the actual point of interconnection for the MPB arrangement.
10.18 FCA shall inform Frontier of each LATA in which it intends to offer Telephone
Exchange Services and its calculation of the biling percentages which should
apply for such arrangement. Within ten (10) Business Days of FCA 's delivery of
notice to Frontier, Frontier and FCA shall confirm the Routing Point/Frontier
Serving Interconnection Wire Center combination and biling percentages.
11. Toll Free Service Access Code (e.g., 800/888/877) Traffc
FCA 10 Camp v3.3a _07142010 69
The following terms shall apply when either Part delivers toll free service access code
(e.g., 800/877/888)("8YY") calls to the other Party. For the purposes of this Section 11,
the terms "translated" and "untranslated" refers to those toll free service access code
calls that have been queried ("translated") or have not been queried ("untranslated") to
an 8YY database. Except as otherwise agreed to by the Parties, all FCA originating
"untranslated" 8YY traffc will be routed over a separate One-Way miscellaneous Trunk
group.
11.1 When FCA delivers translated 8YY calls to Frontier to be completed by
11.1.1 an IXC:
11.1.1.1 FCA wil provide an appropriate EMI record to Frontier;
11.1.1.2 FCA wil bil the IXC the FCA 's applicable Switched
Exchange Access Tariff charges and the FCA 's applicable
Tariff query charges; and
11.1.1.3 Frontier wil bil the IXC Frontier's applicable Switched
Exchange Access Tariff charges.
11.1.2 Frontier:
11.1.2.1 FCA wil provide an appropriate EMI record to Frontier; and
11.1.2.2 FCA wil bil Frontier the FCA 's Switched Exchange Access
Tariff charges and the FCA 's applicable Tariff query
charge.
11.1.3 a toll free service access code service provider in that LATA:
11.1.3.1 FCA wil provide an appropriate EMI record to Frontier and
the toll free service access code service provider;
11.1.3.2 FCA wil bil the toll free service access code service
provider the FCA 's applicable Switched Exchange Access
Tariff charges and the FCA 's applicable Tariff query
charges; and
11.1.3.3 Frontier wil bil the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges.
11.2 When Frontier performs the query and delivers translated 8YY calls, originated
by Frontier's Customer or another LEC's Customer to FCA to be completed by
11.2.1 FCA:
11.2.1.1 Frontier will provide an appropriate EMI record to FCA ; and
11.2.1.2 Frontier will bil FCA Frontier's applicable Switched
Exchange Access Tariff charges and Frontier's applicable
Tariff query charges.
11.2.2 a toll free service access code service provider in that LATA:
11.2.2.1 Frontier wil provide an appropriate EMI record to FCA and
the toll free service access code service provider;
FCA 10 Camp v3.3a _07142010 70
11.2.2.2 Frontier will bil the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges and Frontier's applicable Tariff query
charges; and
11.2.2.3 FCA wil bil the toll free service access code service
provider the FCA 's applicable Switched Exchange Access
Tariff charges.
11.3 When FCA delivers untranslated 8YY calls to Frontier to be completed by
11.3.1 an IXC:
11.3.1.1 Frontier will query the call and route the call to the
appropriate IXC;
11.3.1.2 Frontier will provide an appropriate EMI record to FCA ;
11.3.1.3 Frontier wil bil the IXC Frontier's applicable Switched
Exchange Access Tariff charges and Frontier's applicable
Tariff query charges; and
11.3.1.4 FCA wil bill the IXC FCA 's applicable Switched Exchange
Access Tariff charges.
11.3.2 Frontier:
11.3.2.1 Frontier will query the call and complete the call;
11.3.2.2 Frontier wil provide an appropriate EMI record to FCA ;
11.3.2.3 FCA wil bil Frontier the FCA 's applicable Switched
Exchange Access Tariff charges.
11.3.3 a toll free service access code service provider in that LATA:
11.3.3.1 Frontier will query the call and route the call to the
appropriate toll free service access code service provider;
11.3.3.2 Frontier will provide an appropriate EMI record to FCA and
the toll free service access code service provider;
11.3.3.3 Frontier wil bil the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff and Frontier's applicable Tariff query charges; and
11.3.3.4 FCA wil bil the toll free service access code service
provider the FCA 's applicable Switched Exchange Access
Tariff charges.
11.4 Frontier wil not direct untranslated toll free service access code calls to FCA .
12. Tandem Transit Traffc
12.1 As used in this Section, Tandem Transit Traffc is Telephone Exchange Service
traffc that originates on FCA 's network, and is transported through Frontier's
Tandem to the subtending End Offce or its equivalent of another carrier (CLEC,
ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or
FCA 10 Camp v3.3a _07142010 71
other LEC ("Other Carriet'). Neither the originating nor terminating customer is a
Customer of Frontier. Subtending End Offces shall be determined in
accordance with and as identified in the Local Exchange Routing Guide (LERG).
For the avoidance of any doubt, under no circumstances shall Frontier be
required to transit traffc through a Frontier Tandem to a Central Offce that the
LERG does not identify as subtending that particular Frontier Tandem. Switched
Exchange Access Service traffc is not Tandem Transit Traffc.
12.2 Tandem Transit Traffc Service provides FCA with the transport of Tandem
Transit Traffc as provided below.
12.3 Tandem Transit Traffc may be routed over the Interconnection Trunks described
in Sections 2 through 6 of this Attachment. FCA shall deliver each Tandem
Transit Traffc call to Frontier's Tandem with CCS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to faciltate full
interoperability of CLASS Features and biling functions.
12.4 FCA may use Tandem Transit Traffc Service only for traffc that originates on
FCA 's network and only to send traffc to an Other Carrier with whom FCA has
a reciprocal traffc exchange arrangement (either via written agreement or mutual
tariffs) that provides for the Other Carrier, to terminate or complete traffc
originated by FCA and to bil FCA , and not to bil Frontier, for such traffc. FCA
agrees not to use Frontier's Tandem Transit Traffc Service to send traffc to an
Other Carrier with whom FCA does not have such a reciprocal traffc exchange
arrangement or to send traffc that does not originate on FCA 's network.
12.5 FCA shall pay Frontier for Tandem Transit Traffc Service at the rates specified in
the Pricing Attachment. Frontier wil not be liable for compensation to any Other
Carrier for any traffc that is transported through Frontier's Tandem and Frontier
reserves the right to assess to FCA any additional charges or costs any Other
Carrier imposes or levies on Frontier for the delivery or termination of such traffc,
including any Switched Exchange Access Service charges. If Frontier is biled by
any Other Carrier for any traffc originated by FCA , Frontier may provide notice
to FCA of such billing. Upon receipt of such notice, FCA shall immediately stop
using Frontier's Tandem Transit Traffc Service to send any traffc to such Other
Carrier until it has provided to Frontier certification that the Other Carrier has
removed such billed charges from its bil to Frontier and that the Other Carrier wil
not bil Frontier for any traffc originated by FCA. Such certification must be
signed by an authorized offcer or agent of the Other Carrier and must be in a
form acceptable to Frontier.
12.6 If FCA uses Tandem Transit Traffc Service for traffc volumes that exceed the
Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000
combined minutes of use per month (a DS1 equivalent) to the subtending End
Offce of a partcular Other Carrier for any month (the "Threshold Level"). FCA
shall use good faith efforts to establish direct interconnection with such Other
Carrier and reduce such traffc volumes below the Threshold LeveL. If Frontier
believes that FCA has not exercised good faith efforts promptly to obtain such
direct interconnection, either Part may use the Dispute Resolution processes of
this Agreement.
12.7 If FCA fails to comply with Section 12 of this Attachment, such failure shall be a
material breach of a material provision of this Agreement and Frontier may
exercise any and all remedies under this Agreement and Applicable Law for such
breach.
FCA 10 Camp v3.3a _07142010 72
12.8 If or when a third party carrier plans to subtend a FCA switch, then FCA shall
provide written notice to Frontier at least ninety (90) days before such subtending
service arrangement becomes effective so that Frontier may negotiate and
establish direct interconnection with such third party carrier. Upon written
request from Frontier, FCA shall offer to Frontier a service arrangement
equivalent to or the same as Tandem Transit Traffc Service provided by Frontier
to FCA as defined in this Section such that Frontier may terminate calls to a
Central Offce or its equivalent of a CLEC, ILEC other than Frontier, CMRS
carrier, or other LEC, that subtends a FCA Central Offce or its equivalent
("Reciprocal Tandem Transit Service"). FCA shall offer such Reciprocal Transit
Service arrangements under terms and conditions of an amendment to this
Agreement or a separate agreement no less favorable than those provided in this
Section.
12.9 Neither Party shall take any actions to prevent the other Part from entering into
a direct and reciprocal traffc exchange arrangement with any carrier to which it
originates, or from which it terminates, traffc.
13. Number Resources, Rate Center Areas and Routing Points
13.1 Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party's right to employ or to request and be assigned
any Central Offce Codes ("NXX") pursuant to the Central Offce Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
13.2 It shall be the responsibilty of each Part to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in order to recognize and route traffc to the other Part's assigned
NXX codes. Except as expressly set forth in this Agreement, neither Part shall
impose any fees or charges whatsoever on the other Party for such activities.
13.3 Unless otherwise required by Commission order, the Rate Center Areas wil be
the same for each Part. During the term of this Agreement, FCA shall adopt the
Rate Center Area and Rate Center Points that the Commission has approved for
Frontier within the LATA and Tandem serving area. FCA shall assign whole
NPA-NXX codes to each Rate Center Area unless otherwise ordered by the
FCC, the Commission or another governmental entity of appropriate jurisdiction,
or the LEC industry adopts alternative methods of utilizing NXXs.
13.4 FCA wil also designate a Routing Point for each assigned NXX code. FCA shall
designate one location for each Rate Center Area in which the FCA has
established NXX code(s) as the Routing Point for the NPA-NXXs associated with
that Rate Center Area, and such Routing Point shall be within the same LATA as
the Rate Center Area but not necessarily within the Rate Center Area itself.
Unless specified otherwise, calls to subsequent NXXs of FCA wil be routed in
the same manner as calls to FCA's initial NXXs.
13.5 Notwithstanding anything to the contrary contained herein, nothing in this
Agreement is intended, and nothing in .this Agreement shall be construed, to in
any way constrain FCA's choices regarding the size of the local callng area(s)
that FCA may establish for its Customers, which local callng areas may be larger
than, smaller than, or identical to Frontier's local callng areas.
14. Joint Network Implementation and Grooming Process; Forecasting
FCA 10 Camp v3.3a _07142010 73
14.1 Joint Network Implementation and Grooming Process.
Upon request of either Party, the Parties shall jointly develop an implementation
and grooming process (the "Joint Grooming Process" or" Joint Process") which
may define and detail, inter alia:
14.1.1
14.1.2
14.1.3
14.1.4
14.1.5
standards to ensure that Interconnection Trunks experience a grade of
service, availabilty and quality which is comparable to that achieved
on interoffce trunks within Frontier's network and in accord with all
appropriate relevant industry-accepted quality, reliability and
availabilty standards. Except as otherwise stated in this Agreement,
trunks provided by either Party for Interconnection services wil be
engineered using a design-blocking objective of B.01.
the respective duties and responsibilties of the Parties with respect to
the administration and maintenance of the trunk groups, including, but
not limited to, standards and procedures for notification and
discoveries of trunk disconnects;
disaster recovery provision escalations;
additional technically feasible Point(s) of Interconnection on Frontier's
network in a LATA as provided in Section 2 ofthis Attachment; and
such other matters as the Parties may agree, including, e.g., End
Offce to End Offce high usage trunks as good engineering practices
may dictate.
14.2 Trunk Forecasting Requirements.
14.2.1 Initial Trunk Forecast Requirements. At least ninety (90) days before
initiating interconnection in a LATA, FCA shall provide Frontier a two
(2)-year traffc forecast that complies with the Frontier Interconnection
Trunking Forecast Guide, as revised from time to time. This initial
traffc forecast wil provide the amount of traffc to be delivered to and
from Frontier over each of the Interconnection Trunk groups in the
LATA over the next eight (8) quarters.
14.2.2 Ongoing Trunk Forecast Requirements. Where the Parties have
already established interconnection in a LATA, FCA shall provide a
new or revised traffc forecast that complies with the Frontier
Interconnection Trunking Forecast Guide when FCA develops plans
or becomes aware of information that will materially affect the Parties'
interconnection in that LATA. Instances that require a new or revised
forecast include, but are not limited to: (a) FCA plans to deploy a new
switch; (b) FCA plans to implement a new POi or network
architecture; (c) FCA plans to rearrange its network; (d) FCA plans to
convert a One-Way Interconnection Trunk group toa Two-Way
Interconnection Trunk group; (e) FCA plans to convert a Two-Way
Interconnection Trunk group to a One-Way Interconnection Trunk
group; or (f) FCA expects a significant change in interconnection
traffc volume. In addition, upon request by either Part, the Parties
shall meet to: (i) review traffc and usage data on End Offce and
Tandem Interconnection Trunk groups and (ii) determine whether the
Parties should establish new Interconnection Trunk groups, augment
existing Interconnection Trunk groups, or disconnect existing
Interconnection Trunks.
FCA 10 Camp v3.3a _07142010 74
14.2.3 Use of Trunk Forecasts. Trunk forecasts provided pursuant to this
Agreement must be prepared in good faith but are not otherwise
binding on FCA or Frontier.
15. Number Portabilty - Section 251 (B)(2)
15.1 Scope.
The Parties shall provide Number Portabilty (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
15.2 Procedures for Providing LNP ("Local Number Portability").
The Parties wil follow the LNP provisioning process recommended by the North
American Numbering Council (NANC) and the Industry Numbering Council (INC),
and adopted by the FCC. In addition, the Parties agree to follow the LNP
ordering procedures established at the OBF. The Partes shall provide LNP on a
reciprocal basis.
15.2.1 A Customer of one Part ("Part A") elects to become a Customer of
the other Part ("Party B"). The Customer elects to utilize the original
telephone number(s) corresponding to the Telephone Exchange
Service(s) it previously received from Part A, in conjunction with the
Telephone Exchange Service( s) it wil now receive from Part B. After
Part B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Part A, Parties A and B wil
work together to port the Customer's telephone number(s) from Part
A's network to Part B's network.
15.2.2 When a telephone number is ported out of Part A's network, Part A
wil remove any non-proprietary line based callng card(s) associated
with the ported number(s) from its Line Information Database (L1DB).
Reactivation of the line-based callng card in another L1DB, if desired,
is the responsibility of Part B or Part B's Customer.
15.2.3 When a Customer of Part A ports their telephone numbers to Part B
and the Customer has previously secured a reservation of line
numbers from Part A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the Customer. Party B may request that Part A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Part B. As long as Part B maintains reserved but
inactive numbers ported for the Customer, Party A shall not reassign
those numbers. Part B shall not reassign the reserved numbers to
another Customer.
15.2.4 When a Customer of Part A ports their telephone numbers to Party B,
in the process of porting the Customer's telephone numbers, Party A
shall implement the ten~digit trigger feature where it is available.
When Part A receives the porting request, the unconditional trigger
shall be applied to the Customer's line before the due date of the
porting activity. When the ten-digit unconditional trigger is not
available, Part A and Part B must coordinate the disconnect activity.
FCA 10 Camp v3.3a _07142010 75
15.2.5 The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP) in the Initial Address Message (lAM), according to
industry standards.
15.2.6 Where LNP is commercially available, the NXXs in the offce shall be
defined as portable, except as noted in 15.2.7, and translations wil be
changed in the Parties' switches to open those NXXs for database
queries in all applicable LNP capable offces within the LATA of the
given switch(es). On a prospective basis, all newly deployed switches
wil be equipped with LNP capability and so noted in the LERG.
15.2.7 All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherwise been designated as non-
portable. Non-portable NXXs include NXX codes assigned to paging
services; NXX codes assigned for internal testing and offcial use, and
any other NXX codes required to be designated as non-portable by the
rules and regulations of the FCC. NXX codes assigned to mass
callng on a choked network may not be ported using LNP technology
but are portable using methods established by the NANC and adopted
by the FCC. On a prospective basis, newly assigned codes in
switches capable of porting shall become commercially available for
porting with the effective date in the network.
15.2.8 Both Parties' use of LNP shall meet the performance criteria specified
by the FCC. Both Parties wil act as the default carrer for the other
Part in the event that either Part is unable to perform the routing
necessary for LNP.
15.3 Procedures for Providing NP Through Full NXX Code Migration.
Where a Party has activated an entire NXX for a single Customer, or activated at
least eighty percent (80%) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Service from
the other Party, the first Party shall cooperate with the second Part to have the
entire NXX reassigned in the LERG (and associated industry databases, routing
tables, etc.) to an End Offce operated by the second Part. Such transfer wil be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead times for movements of NXXs from one switch to
another. Neither Part shall charge thé other in connection with this coordinated
transfer.
15.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Offce LNP capabilty on a
reciprocal basis through a written request. The Parties acknowledge that
Frontier has deployed LNP throughout its network in compliance with FCC 96-
286 and other applicable FCC Regulations.
15.4.1 If Party B desires to have LNP capability deployed in an End Offce of
Party A, which is not currently capable, Party B shall issue a LNP
request to Party A. Part A wil respond to the Part B, within ten (10)
days of receipt of the request, with a date for which LNP wil be
available in the requested End Offce. Part A shall proceed to
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
FCA 10 Camp v3.3a _07142010 76
15.4.2 The Parties acknowledge that each can determine the LNP-capable
End Offces of the other through the Local Exchange Routing Guide
(LERG). In addition, the Parties shall make information available upon
request showing their respective LNP-capable End Offces, as set
forth in this Section 15.4.
15.5 FCA shall submit orders to port numbers electronically using an LSR via the
Frontier web Graphical User Interface ("GUI") or Electronic Data Interface ("ED I")
pursuant to the instructions, business rules and guidelines set fort on the
Frontier website (formerly referred to as the Frontier wholesale website).
16. Good Faith Penormance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with FCA reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Part may utilize the Agreement's disputé resolution
procedures.
FCA 10 Camp v3.3a _07142010 77
TRAFFIC EXCHANGE ATTACHMENT
1. General
Where both Parties subtend the same Tandem Switch operated by a third part (such
third party hereinafter referred to as the "Third Part Tandem Provider" and such switch
hereinafter referred to as the "Third Part Tandem Switch"), then, subject to the terms
and conditions of this Attachment, for those NPAlNXX codes assigned by each Part to
Rate Center Areas served by that Third Part Tandem Switch, the Parties may
reciprocally exchange Reciprocal Compensation Traffc, Measured Internet Traffc,
intraLATA Toll Traffc, and translated IntraLATA toll free service access code traffc,
originated by their respective Customers, through that Third Part Tandem Switch. For
the avoidance of any doubt, nothing in this Attachment shall preclude the Parties from
interconnecting their networks in accordance with the Interconnection Attachment, which
Interconnection Attachment must be a part of the Agreement.
2. Arrangements With Third Party Tandem Provider
2.1 The Parties acknowledge and agree that, in order to exchange Reciprocal
Compensation Traffc, Measured Internet Traffc, IntraLATA Toll Traffc, and
translated IntraLATA toll free service access code traffc under this Attachment,
each Part must have established and must maintain its own interconnection and
compensation arrangements with the Third Part Tandem Provider for the routing
and exchange of the foregoing traffc between the Partes under this Attachment
(e.g., arrangements that permit the subject traffc to be exchanged through the
Third Party Tandem Provider). In addition, the Parties must also fulfill each of
the other requirements of this Attachment.
2.1.1 If such arrangements between a Part and the Third Part Tandem
Provider are terminated (e.g., where a Third Part Tandem Provider
does not permit a Part to exchange the foregoing traffc using the
Third Part Tandem Switch), that Party shall promptly give written
notice thereof to the other Part. Absent the existence of such
arrangements with the Third Part Tandem Provider, each Part shall
have the right, on written notice to the other Part, to discontinue
exchanging the foregoing traffc with the other Part (Le., receiving
such traffc from or, sending such traffc to, the other Part) under this
Attachment.
2.1.2 Notwithstanding any other provision of this Agreement, on one
hundred twenty (120) days written notice, a Party may discontinue
exchanging the foregoing traffc with the other Part under this
Attachment.
2.2 Forecasting Requirements.
2.2.1 Within ninety (90) days of executing the Agreement, FCA shall
provide Frontier a two (2)-year traffc forecast. This initial forecast wil
provide the amount of traffc to be delivered to and from Frontier
pursuant to this Attachment, over the next eight (8) quarters.
2.2.2 Ongoing forecast requirements. Where the Parties are already
exchanging traffc through a Third Part Tandem Switch in a LATA,
FCA shall provide a new or revised traffc forecast when FCA
develops plans or becomes aware of information that wil materially
FCA 10 Camp v3.3a _07142010 78
affect the Parties' exchange of traffc through such Third Part
Tandem Switch in that LATA. Instances that require a new or revised
forecast include, but are not limited to: (i) FCA plans to deploy a new
switch; (ii) FCA plans to implement interconnection in accordance with
the Interconnection Attachment or a new network architecture; (iii)
FCA plans to rearrange its network; or (iv) FCA expects a significant
change in traffc volume.
2.2.3 Use of Forecasts. Forecasts provided pursuant to this Agreement are
not binding on FCA or Frontier.
2.3 Prior to exchanging traffc through a Third Part Tandem Switch, FCA shall meet
with Frontier to conduct a joint planning meeting ("Third Party Tandem Provider
Joint Planning Meeting"). At that Third Part Tandem Provider Joint Planning
Meeting, each Part shall, among other things, provide to the other Part
originating Centum Call Second (Hundred Call Second) information.
2.4 If and, when, the volume of traffc exchanged between a Frontier End Offce and
FCA switch through a Third Part Tandem Switch exceeds (a) the Centum Call
Second (Hundred Call Second) busy hour equivalent of one (1) DS-1 at any time;
(b) 200,000 combined minutes of use for any month; (c) 600 busy hour Centum
Call Seconds (BHCCS) of use for a single month, upon the written request of
either Party, the Parties shall meet promptly and consider whether to
interconnect their respective networks pursuant to the Interconnection
Attachment. In the event the Parties so interconnect their respective networks,
the Partes shall discontinue exchanging any and all traffc through the Third
Part Tandem Switch, unless the Parties otherwise agree to continue exchanging
traffc but, on an overfow basis, through the Third Part Tandem Switch.
2.5 Nothing in this Attachment shall be read to require either Part to establish
and/or maintain a subtending arrangement with a Third Part Tandem Provider.
3. Initiating Traffc Exchange Under This Attachment
3.1 If FCA determines to offer Telephone Exchange Services and wishes to
exchange traffc with Frontier through a Third Party Tandem Switch in any LATA
in which Frontier also offers Telephone Exchange Services, FCA shall provide
written notice to Frontier of its request to exchange traffc through a Third Part
Tandem Switch in such LATA pursuant to this Attachment.
3.2 The notice provided in Section 3.1 of this Attachment shall include (a) FCA 's
proposed traffc exchange activation date; (b) a forecast of FCA 's traffc volumes
conforming to Section 2 of this Attachment; and (c) such other information as
Frontier shall reasonably request in order to faciltate traffc exchange under this
Attachment.
3.3 The traffc.exchange activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Frontier of all necessary information as indicated in
Section 3.2 of this Attachment.
4. Traffc Measurement and Biling
4.1 The Parties agree that they wil make commercially reasonable efforts to obtain
and utiize accurate and complete recordings, of any traffc exchanged between
them under this Attchment, for use in biling.
FCA 10 Camp v3.3a _07142010 79
4.2 At such time as a receiving Party has the capability, on an automated basis, to
use CPN to classify traffc from the other Part, exchanged under this
Attachment, by traffc type (Le., Reciprocal Compensation Traffc, Measured
Internet Traffc, intraLATA Toll Traffc, and IntraLATA toll free service access
code traffc), such receiving Part shall bil the originating Part the rate
applicable to each relevant minute of traffc for which CPN is received. If the
receiving Party lacks the capability, on an automated basis, to use CPN
information on an automated basis to classify traffc received from the other Part
by traffc type, the originating Party wil supply Traffc Factor 1 and Traffc Factor
2. In any case, the Traffc Factors shall be supplied in writing by the originating
Party within thirty (30) days of the Effective Date and shall be updated in writing
by the originating Part quarterly. Measurement of billng minutes for purposes
of determining terminating compensation shall be in conversation seconds (the
time in seconds that a Part's equipment is used for a completed call, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billng minutes for originating toll free service access code (e.g.,
800/888/877) calls shall be in accordance with applicable Tariffs. Determination
as to whether traffc is Reciprocal Compensation Traffc or Measured Internet
Traffc shall be made in accordance with Paragraphs 8 and 79, and other
applicable provisions, of the FCC Internet Order (including, but not limited to, in
accordance with the rebuttable presumption established by the FCC Internet
Order that traffc delivered to a carrer that exceeds a 3:1 ratio of terminating to
originating traffc is Measured Internet Traffc, and in accordance with the
process established by the FCC Internet Order for rebutting such presumption
before the Commission).
4.3 Each Part reserves the right to audit all traffc exchanged under this Attachment,
up to a maximum of two audits per calendar year, to ensure that rates are being
applied appropriately; provided, however, that either Part shall have the right to
conduct additional audit(s) ifthe preceding audit disclosed material errors or
discrepancies. Each Part agrees to provide the necessary traffc data in
conjunction with any such audit in a timely manner.
4.4 Nothing in this Agreement shall be construed to limit either Part's ability to
designate the areas within which that Part's Customers may make calls which
that Part rates as "local" in its Customer Tariffs.
4.5 If and, to the extent that, a FCA Customer receives V/FX Traffc exchanged
under this Attachment, FCA shall promptly provide notice thereof to Frontier
(such notice to include, without limitation, the specific telephone number(s) that
the Customer uses for VlFX Traffc, as well as the LATA in which the Customer's
station is actually physically located) and shall not bil Frontier Reciprocal
Compensation, intercarrier compensation or any other charges for calls placed
by Frontier's Customers to such FCA Customers.
5. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the Act
5.1 Reciprocal Compensation.
The Party originating Reciprocal Compensation Traffc shall compensate the
terminating Part for the transport and termination of such traffc to its Customer
in accordance with Section 251 (b)(5) of the Act at the equal and symmetrical
rates stated in the Pricing Attachment; it being understood and agreed that
because the Third Part Tandem Provider is providing the tandem functionally to
both Parties, Frontier shall charge (and FCA shall pay Frontier) the End Offce
Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal
Compensation Traffc Frontier receives from FCA and FCA shall charge (and
FCA 10 Camp v3.3a _07142010 80
Frontier shall pay FCA) the End Offce Reciprocal Compensation rate set forth in
the Pricing Attachment for Reciprocal Compensation Traffc FCA receives from
Frontier. No additional charges shall be assessed by the terminating Part for
the transport and termination of such traffc received from the other Party;
provided, however, for the avoidance of any doubt, neither Part may assess
upon, or pass through to, the other Part any charges biled by (or on behalf of)
the Third Part Tandem Provider. The designation of traffc as Reciprocal
Compensation Traffc for purposes of Reciprocal Compensation shall be based
on the actual originating and terminating points of the complete end-to-end
communication.
5.2 Traffc Not Subject to Reciprocal Compensation.
5.2.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffc (Le., V/FX Traffc)), Information Access, or exchànge
services for Exchange Access or Information Access.
5.2.2 Reciprocal Compensation shall not apply to Internet Traffc.
5.2.3 Reciprocal Compensation shall not apply to Toll Traffc, including, but
not limited to, calls originated on a 1 + presubscription basis, or on a
casual dialed (1 0XX1 01 XX) basis.
5.2.4 Reciprocal Compensation shall not apply to Optional Extended Local
Callng Area Traffc.
5.2.5 Reciprocal Compensation shall not apply to special access, private
line, or any other traffc that is not switched by the terminating Part.
5.2.6 Reciprocal Compensation shall not apply to Tandem Transit Traffc.
5.2.7 Reciprocal Compensation shall not apply to Voice Information Service
Traffc (as defined in Section 5 of the Additional Services Attachment).
5.2.8 Reciprocal Compensation shall not apply to traffc that is not subject to
Reciprocal Compensation under Section 251 (b )(5) of the Act.
5.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffc (Le., VlFX Traffc). As used in this Agreement, ''Virtual Foreign
Exchange Traffc" or "VlFX Traffc" is defined as calls in which a FCA
Customer is assigned a telephone number with an NXX Code (as set
forth in the LERG) associated with an exchange that is different than
the exchange (as set forth in the LERG) associated with the actual
physical location of such Customer's station. For the avoidance of any
doubt, FCA shall pay Frontier's originating access charges for all V/FX
Traffc originated by a Frontier Customer, and FCA shall pay Frontier's
terminating access charges for all V/FX Traffc originated by a FCA
Customer.
5.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) biled by FCA to Frontier shall not
exceed the Reciprocal Compensation rates (including, but not limited to,
Reciprocal Compensation per minute of use charges) biled by Frontier to FCA.
6. Other Types of Trafic
FCA 10 Camp v3.3a _07142010 81
6.1 Notwithstanding any other provision of this Agreement or otherwise: (a) the
Parties' rights and obligations with respect to any intercarrier compensation that
may be due in connection with their exchange of Internet Traffc shall be
governed by the terms of the FCC Internet Order and other applicable FCC
orders and FCC Regulations; and, (b) a Party shall not be obligated to pay any
intercarrier compensation for Internet Traffc that is in excess of the intercarrier
compensation for Internet Traffc that such Party is required to pay under the
FCC Internet Order and other applicable FCC orders and FCC Regulations.
6.2 Subject to Section 6.1 of this Attachment, IntraLATA Toll Traffc exchanged
under this Attachment shall be governed by the applicable provisions of this
Agreement and applicable Tariffs.
6.3 For any traffc originating with a third party carrier and delivered by FCA to
Frontier, FCA shall pay Frontier the same amount that such third party carrier
would have been obligated to pay Frontier for termination of that traffc at the
location the traffc is delivered to Frontier by FCA.
6.4 Notwithstanding any provision of this Agreement or otherwise, no Interexchange
Carrier (IXC) traffc may be exchanged under this Attachment.
6.5 Any traffc not specifically addressed in this Attachment shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffc.
7. Toll Free Service Access Code (e.g., 800/888/877) Traffc
The following terms shall apply when either Part delivers IntraLATA toll free service
access code (e.g., 800/877/888) ("8YY") calls to the other Part under this Attachment.
For the purposes of this Section 7, the terms "translated" refer to those toll free service
access code calls that have been queried ("translated") to an 8YY database.
7.1 When FCA delivers translated IntraLATA 8YY calls to Frontier for completion:
7.1.1 by Frontier:
7.1.1.1 FCA wil provide an appropriate EMI record to Frontier; and
7.1.1.2 FCA wil bil Frontier the FCA 's Switched Exchange Access
Tariff charges and the FCA 's applicable Tariff query
charge.
7.1.2 by a toll free service access code service provider in that LATA:
7.1.2.1 FCA wil provide an appropriate EMI record to Frontier and
the toll free service access code service provider; and
7.1.2.2 FCAwil bil the toll free service access code service
provider the FCA 's applicable Switched Exchange Access
Tariff charges and the FCA 's applicable Tariff query
charges; and
7.1.2.3 Frontier will bil the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges.
7.2 When Frontier performs the query and delivers translated IntraLATA 8YY calls,
originated by Frontier's or another LEC's Customer for completion:
FCA 10 Camp v3.3a _07142010 82
7.2.1 by FCA:
7.2.1.1 Frontier wil provide an appropriate EMI record to FCA ; and
7.2.1.2 Frontier wil bil FCA Frontier's applicable Switched
Exchange Access Tariff charges and Frontier's applicable
Tariff query charges.
7.2.2 by a toll free service access code service provider in that LATA:
7.2.2.1 Frontier will provide an appropriate EMI record to FCA and
the toll free service access code service provider; and
7.2.2.2 Frontier wil bil the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges and Frontier's applicable Tariff query
charges; and
7.2.2.3 FCA wil bil the toll free service access code service
provider the FCA's applicable Switched Exchange Access
Tariff charges.
7.3 Frontier wil not direct untranslated toll free service access code calls to FCA.
FCA wil not direct untranslated toll free service access code calls to Frontier.
8. Number Resources, Rate Center Areas and Routing Points
8.1 Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Part's right to employ or to request and be assigned
any Central Offce Codes ("NXX") pursuant to the Central Offce Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
8.2 It shall be the responsibilty of each Party to program and update its own
switches and network systems pursuant to information provided in the LERG in
order to recognize and route traffc to the other Part's assigned NXX codes.
Except as expressly set forth in this Agreement, neither Part shall impose any
fees or charges whatsoever on the other Part for such activities.
8.3 Unless otherwise required by Commission order, the Rate Center Areas wil be
the same for each Party. During the term of this Agreement, FCA shall adopt the
Rate Center Area and Rate Center Points that the Commission has approved for
Frontier within the LATA and Tandem serving area. FCA shall assign whole
NPA-NXX codes to each Rate Center Area unless otherwse ordered by the
FCC, the Commission or another governmental entity of appropriate jurisdiction,
or the LEC industry adopts alternative methods of utilizing NXXs.
8.4 FCA wil also designate a Routing Point for each assigned NXX code. FCA shall
designate one location for each Rate Center Area in which the FCA has
established NXX code(s) as the Routing Point for the NPA-NXXs associated with
that Rate Center Area, and such Routing Point shall be within the same LATA as
the Rate Center Area but not necessarily within the Rate Center Area itself.
Unless specified otherwise, calls to subsequent NXXs of FCA wil be routed in
the same manner as calls to FCA's initial NXXs.
8.5 Notwithstanding anything to the contrary contained herein, nothing in this
Agreement is intended, and nothing in this Agreement shall be construed, to in
FCA 10 Camp v3.3a _07142010 83
any way constrain FCA's choices regarding the size of the local callng area(s)
that FCA may establish for its Customers, which local calling areas may be larger
than, smaller than, or identical to Frontier's local callng areas.
9. Number Portabilty - Section 251 (B)(2)
9.1 Scope.
The Parties shall provide Number Portability (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
9.2 Procedures for Providing LNP ("Local Number Portability").
The Parties wil follow the LNP provisioning process recommended by the North
American Numbering Council (NANG) and the Industry Numbering Council (INC),
and adopted by the FCC. In addition, the Parties agree to follow the LNP
ordering procedures established at the OBF. The Parties shall provide LNP on a
reciprocal basis.
9.2.1 A Customer of one Part ("Party A") elects to become a Customer of
the other Party ("Part B"). The Customer elects to utilze the original
telephone number(s) corresponding to the Telephone Exchange
Service(s) it previously received from Part A, in conjunction with the
Telephone Exchange Service(s) it wil now receive from Part B. After
Part B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Part A, Parties A and B wil
work together to port the Customer's telephone number(s) from Party
A's network to Part B's netwrk.
9.2.2 When a telephone number is ported out of Part A's network, Part A
wil remove any non-proprietary line based callng card(s) associated
with the pored number(s) from its Line Information Database (L1DB).
Reactivation of the line-based calling card in another L1DB, if desired,
is the responsibility of Part B or Party B's Customer.
9.2.3 When a Customer of Part A ports their telephone numbers to Part B
and the Customer has previously secured a reservation of line
numbers from Part A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the Customer. Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Party A shall not reassign
those numbers. Part B shall not reassign the reserved numbers to
another Customer.
9.2.4 When a Customer of Part A ports their telephone numbers to Party B,
in the process of portng the Customer's telephone numbers, Part A
shall implement the ten-digit trigger feature where it is available. When
Party A receives the porting request, the unconditional trigger shall be
applied to the Customer's line before the due date of the porting
activity. When the ten-digit unconditional trigger is not available, Part
A and Party B must coordinate the disconnect activity.
9.2.5 The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP) in the Initial Address Message (lAM).
FCA 10 Camp v3.3a _07142010 84
9.2.6 Where LNP is commercially available, the NXXs in the offce shall be
defined as portable, except as noted in Section 9.2.7, and translations
will be changed in the Parties' switches to open those NXXs for
database queries in all applicable LNP capable offces within the LATA
of the given switch(es). On a prospective basis, all newly deployed
switches wil be equipped with LNP capabilty and so noted in the
LERG.
9.2.7 All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherwise been designated as non-
portable. Non-portable NXXs include NXX codes assigned to paging
services; NXX codes assigned for internal testing and offcial use and
any other NXX codes required to be designated as non-portable by the
rules and regulations of the FCC. NXX codes assigned to mass callng
on a choked network may not be ported using LNP technology but are
portable using methods established by the NANC and adopted by the
FCC. On a prospective basis, newly assigned codes in switches
capable of porting shall become commercially available for portng with
the effective date in the network.
9.2.8 Both Parties' use of LNP shall meet the performance criteria specified
by the FCC. Both Partes wil act as the default carrier for the other
Part in the event that either Part is unable to perform the routing
necessary for LNP.
9.3 Procedures for Providing NP Through Full NXX Code Migration.
Where a Party has activated an entire NXX for a single Customer, or activated at
least eighty percent (80%) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Service from
the other Party, the first Party shall cooperate with the second Part to have the
entire NXX reassigned in the LERG (and associated industry databases, routing
tables, etc.) to an End Offce operated by the second Part. Such transfer wil be
accomplished with appropriate coordination between the Partes and subject to
appropriate industry lead times for movements of Nxxs from one switch to
another. Neither Part shall charge the other in connection with this coordinated
transfer.
9.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Offce LNP capabilty on a
reciprocal basis through a written request. The Parties acknowledge that
Frontier has deployed LNP throughout its network in compliance with FCC 96-
286 and other applicable FCC Regulations.
9.4.1 If Part B desires to have LNP capabilty deployed in an End Offce of
Party A, which is not currently capable, Part B shall issue a LNP
request to Part A. Part A wil respond to the Party B, within ten (10)
days of receipt of the request, with a date for which LNP wil be
available in the requested End Offce. Part A shall proceed to
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
9.4.2 The Parties acknowledge that each can determine the LNP-capable
End Offces of the other through the Local Exchange Routing Guide
FCA 10 Camp v3.3a _07142010 85
(LERG). In addition, the Parties shall make information available upon
request showing their respective LNP-capable End Offces, as set
forth in this Section 9.4.
9.5 FCA shall submit orders to port numbers electronically using an LSR via the
Frontier web Graphical User Interface ("GUI") or Electronic Data Interface ("EDI")
pursuant to the instructions, business rules and guidelines set forth on the
Frontier website (formerly referred to as the Frontier wholesale website).
10. Good Faith Penormance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with FCA reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilize the Agreement's dispute resolution
procedures.
FCA 10 Camp v3.3a _07142010 86
RESALE ATTACHMENT
1. General
Frontier shall provide to FCA , in accordance with this Agreement (including, but not
limited to, Frontier's applicable Tariffs) and the requirements of Applicable Law, Frontier's
Telecommunications Services for resale by FCA; provided, that notwithstanding any
other provision of this Agreement, Frontier shall be obligated to provide
Telecommunications Services to FCA only to the extent required by Applicable Law and
may decline to provide a Telecommunications Service to FCA to the extent that provision
of such Telecommunications Service is not required by Applicable Law.
2. Use of Frontier Telecommunications Services
2.1 Frontier Telecommunications Services may be purchased by FCA under this
Resale Attachment only for the purpose of resale by FCA as a
Telecommunications Carrier. Frontier Telecommunications Services to be
purchased by FCA for other purposes (including, but not limited to, FCA's own
use) must be purchased by FCA pursuant to other applicable Attachments to this
Agreement (if any), or separate written agreements, including, but not limited to,
applicable Frontier Tariffs.
2.2 FCA shall not resell:
2.2.1 Residential service to persons not eligible to subscribe to such service
from Frontier (including, but not limited to, business or other
nonresidential Customers);
2.2.2 Lifeline, Link Up America, or other means-tested service offerings, to
persons not eligible to subscribe to such service offerings from
Frontier;
2.2.3 Grandfathered or discontinued service offerings to persons not eligible
to subscribe to such service offerings from Frontier; or
2.2.4 Any other Frontier service in violation of a restriction stated in this
Agreement (including, but not limited to, a Frontier Tariff that is not
prohibited by Applicable Law.
2.2.5 In addition to any other actions taken by FCA to comply with this
Section 2.2, FCA shall take those actions required by Applicable Law
to determine the eligibility of FCA Customers to purchase a service,
including, but not limited to, obtaining any proof or certification of
eligibilty to purchase Lifeline, Link Up America, or other means-tested
services, required by Applicable Law. FCA shall indemnify Frontier
from any Claims resulting from FCA's failure to take such actions
required by Applicable Law.
2.2.6 Frontier may perform audits to confirm FCA's conformity to the
provisions of this Section 2.2. Such audits may be performed twice
per calendar year and shall be performed in accordance with Section 7
of the General Terms and Conditions.
FCA 10 Camp v3.3a _07142010 87
2.3 FCA shall be subject to the same limitations that Frontier's Customers are
subject to with respect to any Telecommunications Service that Frontier
grandfathers or discontinues offering. Without limiting the foregoing, except to
the extent that Frontier follows a different practice for Frontier Customers in
regard to a grandfathered Telecommunications Service, such grandfathered
Telecommunications Service: (a) shall be available only to a Customer that
already has such Telecommunications Service; (b) may not be moved to a new
service location; and (c) will be furnished only to the extent that facilties continue
to be available to provide such Telecommunications Service.
2.4 FCA shall not be eligible to participate in any Frontier plan or program under
which Frontier Customers may obtain products or services, which are not
Frontier Telecommunications Services, in return for trying, agreeing to purchase,
purchasing, or using Frontier Telecommunications Services.
2.5 In accordance with 47 CFR § 51.617(b), Frontier shall be entitled to all charges
for Frontier Exchange Access services used by interexchange carriers to provide
service to FCA Customers.
3. Availabilty of Frontier Telecommunications Services
3.1 Frontier wil provide a Frontier Telecommunications Service to FCA for resale
pursuant to this Attachment where and to the same extent, but only where and to
the same extent that such Frontier Telecommunications Service is provided to
Frontier's Customers.
3.2 Except as otherwise required by Applicable Law, subject to Section 3.1 of this
Attachment, Frontier shall have the right to add, modify, grandfather, discontinue
or withdraw Frontier Telecommunications Services at any time, without the
consent of FCA.
3.3 To the extent required by Applicable Law, the Frontier Telecommunications
Services to be provided to FCA for resale pursuant to this Attachment wil include
a Frontier Telecommunications Service customer-specific contract service
arrangement ("CSA") (such as a customer specific pricing arrangement or
individual case based pricing arrangement) that Frontier is providing to a Frontier
Customer at the time the CSA is requested by FCA.
4. Responsibilty for Charges
4.1 FCA shall be responsible for and pay to Frontier all charges for any
Telecommunications Services provided by Frontier or provided by persons other
than Frontier and biled for by Frontier, that are ordered, activated or used by
FCA, FCA Customers or any other persons, through, by means of, or in
association with, Telecommunications Services provided by Frontier to FCA
pursuant to this Resale Attachment.
4.2 Upon request by FCA, Frontier will provide for use on resold Frontier retail
Telecommunications Service dial tone lines purchased by FCA such Frontier
retail Telecommunications Service call blocking and call screening services as
Frontier provides to its own end user retail Customers, where and to the extent
Frontier provides such Frontier retail Telecommunications Service call blocking
services to Frontier's own end user retail Customers. FCA understands and
agrees that certain of Frontier's call blocking and call screening services are not
guaranteed to block or screen all calls and that notwithstanding FCA's purchase
of such bloçking or screening services, FCA 's end user Customers or other
persons ordering, activating or using Telecommunications Services on the resold
FCA 10 Camp v3.3a _07142010 88
dial tone lines may complete or accept calls which FCA intended to block.
Notwithstanding the foregoing, FCA shall be responsible for and shall pay
Frontier all charges for Telecommunications Services provided by Frontier or
provided by persons other than Frontier and biled for by Frontier in accordance
with the terms of Section 4.1 above.
5. Operations Matters
5.1 Facilties.
5.1.1 Frontier and its suppliers shall retain all of their right, title and interest
in all facilities, equipment, softare, information, and wiring used to
provide Frontier Telecommunications Services.
5.1.2 Frontier shall have access at all reasonable times to FCA Customer
locations for the purpose of installing, inspecting, maintaining,
repairing, and removing, facilties, equipment, softare, and wiring
used to provide the Frontier Telecommunications Services. FCA shall,
at FCA 's expense, obtain any rights and authorizations necessary for
such access.
5.1.3 Except as otherwise agreed to in writing by Frontier, Frontier shall not
be responsible for the installation, inspection, repair, maintenance, or
removal of facilities, equipment, softare, or wiring provided by FCA or
FCA Customers for use with Frontier Telecommunications Services.
5.2 Branding.
5.2.1 Except as stated in Section 5.2.2 of this Attachment, in providing
Frontier Telecommunications Services to FCA , Frontier shall have the
right (but not the obligation) to identify the Frontier
Telecommunications Services with Frontier's trade names, trademarks
and service marks ("Frontier Marks"), to the same extent that these
Services are identified with Frontier's Marks when they are provided to
Frontier's Customers. Any such identification of Frontier's
Telecommunications Services shall not constitute the grant of a
license or other right to FCA to use Frontier's Marks.
5.2.2 To the extent required by Applicable Law, upon request by FCA and at
prices, terms and conditions to be negotiated by FCA and Frontier,
Frontier shall provide Frontier Telecommunications Services for resale
that are identified by FCA's trade name, or that are not identified by
trade name, trademark or service mark.
5.2.3 If Frontier uses a third-part contractor to provide Frontier operator
services or Frontier directory assistance, FCA wil be responsible for
entering into a direct contractual arrangement with the third-party
contractor at FCA's expense (a) to obtain identification of Frontier
operator services or Frontier directory assistance purchased by FCA
for resale with FCA's trade name, or (b) to obtain removal of Frontier
Marks from Frontier operator services or Frontier directory assistance
purchased by FCA for resale.
6. Rates and Charges
The rates and charges for Frontier Telecommunication Services purchased by FCA for
resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing
FCA 10 Camp v3.3a _07142010 89
Attachment.
7. Good Faith Penormance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with FCA reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilze the Agreement's dispute resolution
procedures.
FCA 10 Camp v3.3a _07142010 90
NETWORK ELEMENTS ATTACHMENT
1. General
1.1 Frontier shall provide to FCA, in accordance with this Agreement (including, but
not limited to, Frontier's applicable Tariffs) and the requirements of the Federal
Unbundling Rules, access to Frontier's Network Elements on an unbundled basis
and in combinations (Combinations), and UNEs commingled with wholesale
services ("Commingling"); provided, however, that notwithstanding any other
provision of this Agreement, Frontier shall be obligated to provide access to
unbundled Network Elements (UNEs), Combinations, and Commingling to FCA
under the terms of this Agreement only to the extent required by the Federal
Unbundling Rules and may decline to provide access to UNEs, Combinations, or
Commingling to FCA to the extent that provision of such UNEs, Combinations, or
Commingling is not required by the Federal Unbundling Rules.
1.2 Frontier shall be obligated to combine UNEs that are not already combined in
Frontier's network only to the extent required by the Federal Unbundling Rules.
Except as otherwise required by this Agreement and the Federal Unbundling
Rules: (a) Frontier shall be obligated to provide a UNE or Combination pursuant
to this Agreement only to the extent such UNE or Combination, and the
equipment and facilities necessary to provide such UNE or Combination, are
already available in Frontier's netwrk; and (b) Frontier shall have no obligation
to construct, modify, or deploy facilties or equipment to offer any UNE or
Combination.
1.3 FCA may use a UNE or Combination only for those purposes for which Frontier
is required by the Federal Unbundling Rules to provide such UNE or
Combination to FCA. Without limiting the foregoing, FCA may not access a UNE
or Combination for the exclusive provision of Mobile Wireless Services or
Interexchange Services. For purposes of this section, "Interexchange Services"
shall have the meaning set forth in the Triennial Review Remand Order and
subsequent applicable FCC orders.
1.3.1 Frontier shall not be obligated to provide to FCA, and FCA shall not
request from Frontier, access to a proprietary advanced intellgent
network service.
1.4 Nothing contained in this Agreement shall be deemed to constitute an agreement
by Frontier that any item identified in this Agreement as a Network Element is (i)
a Network Element under the Federal Unbundling Rules, or (ii) a Network
Element Frontier is required by the Federal Unbundling Rules to provide to FCA
on an unbundled basis or in combination with other Network Elements.
1.5 If as the result of FCA Customer actions (e.g., Customer Not Ready ("CNR")),
Frontier cannot complete requested work activity when a technician has been
dispatched to the FCA Customer premises, FCA wil be assessed a non-
recurring charge associated with this visit. This charge wil be the sum of the
applicable Service Order charge as provided in the Pricing Attachment and the
Customer Not Ready Charge provided for in the Pricing Attachment (or, in the
absence of a Customer Not Ready Charge, the Premises Visit Charge as
provided in Frontier's applicable retail or wholesale Tariff or in the Pricing
Attachment).
FCA 10 Camp v3.3a _07142010 91
1.6 Absence or Cessation of Unbundling Obligation and Related Provisions. The
following provisions shall apply notwithstanding any other provision of this
Agreement or any Frontier Tariff or SGAT:
1.6.1 Discontinued Facilties.
1.6.1.1 Frontier may cease offering or providing FCA with access
on an unbundled basis at rates prescribed under Section
251 of the Act to any facility that is or becomes a
Discontinued Facilty, whether as a stand-alone UNE, as
part of a Combination, or otherwise. To the extent Frontier
has not already ceased offering or providing unbundled
access to a particular Discontinued Facilty that is a
Discontinued Facility as of the Effective Date, Frontier may
cease offering or providing unbundled access to such
Discontinued Facility immediately upon the Effective Date
without further notice to FCA. Subject to Section 1.7
below, if a facility on or at any time after the Effective Date
is or becomes a Discontinued Facility, Frontier, to the extent
it has not already ceased providing unbundled access to
such Discontinued Facility, and provided it has given at
least ninety (90) days written notice of discontinuance in
cases where it has not already ceased providing such
access, will continue to provide unbundled access to such
Discontinued Facilty under the Agreement only through the
effective date of the notice of discontinuance, and not
beyond that date.
1.6.1.2 Where Frontier is permitted to cease providing a
Discontinued Facilty pursuant to Section 1.6.1 above and
FCA has not submitted an LSR or ASR, as appropriate, to
Frontier requesting disconnection of the Discontinued
Facilty and has not separately secured from Frontier an
alternative arrangement to replace the Discontinued Facility,
then Frontier, to the extent it has not already done so, may
disconnect the subject Discontinued Facilty without further
notice to FCA. In lieu of disconnecting the subject
Discontinued Facilty in the foregoing circumstances,
Frontier, in its sole discretion, may elect to: (a) convert the
subject Discontinued Facilty to an arrangement available
under a Frontier access tariff (in which case month-to-
month rates shall apply unless a different rate applies under
an applicable special access term/volume plan or other
special access tariff arrangement in which FCA is then
enrolled), a resale arrangement, or other analogous
arrangement that Frontier shall identify or has identified in
writing to FCA , or (b) in lieu of such a conversion, reprice
the subject Discontinued Facilty by application of a new
rate (or, in Frontier's sole discretion, by application of a
surcharge to an existing rate) to be equivalent to an
arrangement available under a Frontier access tariff (at
month-to-month rates unless a different rate applies under
an applicable special access termlvolume plan or other
special access tariff arrangement in which FCA is then
enrolled), a resale arrangement, or other analogous
arrangement that Frontier shall identify or has identified in
FCA 10 Camp v3.3a _07142010 92
writing to FCA; provided, however, that Frontier may
disconnect the subject Discontinued Facilty (or the
replacement service to which the Discontinued Facilty has
been converted) if FCA fails to pay when due any applicable
new rate or surcharge biled by Frontier.
1.7 TRRO Certification and Related Provisions.
1.7.1 TRRO Certfication. Before requesting unbundled access to a DS1
Loop, a DS3 Loop, DS1 Dedicated Transport, DS3 Dedicated
Transport, or Dark Fiber Transport, including, but not limited to, any of
the foregoing elements that constitute part of a Combination or that
FCA seeks to convert from another wholesale service to an unbundled
network element (collectively, ''TRRO Certfication Elements"), FCA
must undertake a reasonably diligent inquiry and, based on that
inquiry, certify that, to the best of its knowledge, FCA 's request is
consistent with the requirements of the TRRO and that FCA is entitled
to unbundled access to the subject element pursuant to section
251 (c)(3) of the Act. FCA shall provide such certification using the
automated method that Frontier makes available for that purpose.
FCA 's reasonably dilgent inquiry must include, at a minimum,
consideration of any list of non-impaired UNE Wire Centers that
Frontier makes or has made available to FCA by notice and/or by
publication on Frontier's wholesale website (the "Wire Center List")
and any back-up data that Frontier provides or has provided to FCA
under a non-disclosure agreement or that is otherwise available to
FCA.
1.7.2 Provision-then-Dispute Requirements.
1.7.2.1 Upon receiving a request from FCA for unbundled access to
a TRRO Certification Element and the certification required
by Section 1.7.1 above, and except as provided in Section
1.7.2.3 below, Frontier shall process the request in
accordance with any applicable standard intervals. If
Frontier wishes to challenge FCA's right to obtain
unbundled access to the subject element pursuant to 47
U.S.C. § 251 (c)(3), then (except as provided in Section
1.7.2.3 below) Frontier must provision the subject element
as a UNE and then seek resolution of the dispute by the
Commission or the FCC, or through such other dispute
resolution process that Frontier elects to invoke under the
dispute resolution provisions of this Agreement.
1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in
Frontier's favor, then FCA shall compensate Frontier for the
additional charges that would apply if FCA had ordered the
subject facilty or service on a month-to-month term under
Frontier's interstate special access tariff (except as provided
in section 1.7.2.2.1 below as to Dark Fiber Transport) and
any other applicable charges, applicable back to the date of
provisioning (including, but not limited to, late payment
charges for the unpaid difference between UNE and access
tariff rates). The month-to-month rates shall apply until
such time as FCA requests disconnection of the subject
facilty or an alternative term that Frontier offers under its
FCA 10 Camp v3.3a _07142010 93
interstate special access tariff for the subject facility or
service.
1.7.2.2.1 In the case of Dark Fiber Transport (there being
no analogous service under Frontier's access
tariffs), the monthly recurring charges that
Frontier may charge, and that FCA shall be
obligated to pay, for each circuit shall be the
charges for the commercial service that Frontier,
in its sole discretion, determines to be
analogous to the subject Dark Fiber Transport
and, unless otherwise agreed in writing by the
Parties, Frontier may, without further notice,
disconnect the subject dark fiber facility within
thirt (30) days of the date on which the dispute
is resolved in Frontier's favor. In any case
where FCA , within thirty (30) days of the date
on which the dispute is resolved in Frontier's
favor, submits a valid ASR for a "lit" service to
replace the subject Dark Fiber Transport facilty,
Frontier shall continue to provide the Dark Fiber
Transport facilty at the rates specified above,
but only for the duration of the standard interval
for installation of the "lit" service.
1.7.2.3 Notwithstanding any other provision ofthe Agreement,
Frontier may reject a FCA order for a TRRO Certification
Element without first seeking dispute resolution: (a) in any
case where FCA 's order conflicts with a provision of a
Frontier Tariff, (b) in any case where FCA 's order conflicts
with a non-impaired UNE Wire Center designation set forth
in a Wire Center List that Frontier has made available to
FCA by notice and/or by publication on Frontier's wholesale
website, (c) in any case where FCA 's order conflicts with a
non-impaired UNE Wire Center designation that the
Commission or the FCC has ordered or approved or that
has otherwise been confirmed through previous dispute
resolution (regardless of whether FCA was a party to such
dispute resolution), or (d) as otherwise permitted under the
Federal Unbundling Rules (including, but not limited to,
upon a determination by the Commission, the FCC, or a
court of competent jurisdiction that Frontier may reject
orders for TRRO Certification Elements without first seeking
dispute resolution).
1.8 Limitation With Respect to Replacement Arrangements. Notwithstanding any
other provision of this Agreement, any negotiations regarding any UNE-
replacement arrangement, facility, service or the like that Frontier is not required
to provide under the Federal Unbundling Rules (including without limitation any
arrangement, facilty, service or the like that Frontier offers under an access tariff
shall be deemed not to have been conducted pursuant to the Agreement, 47
U.S.C. § 252(a)(1), or 47 C.F.R Part 51, and shall not be subject to arbitration or
other requirements under to 47 U.S.C. § 252(b). Any reference in this
Attachment to Frontier's provision of a arrangement, facilty, service or the like
that Frontier is not required to provide under the Federal Unbundling Rules is
solely for the convenience of the Parties and shall not be construed to require or
FCA 10 Camp v3.3a _07142010 94
permit: (a) arbitration pursuant to 47 U.S.C. § 252(b) of the rates, terms, or
conditions upon which Frontier may provide such arrangement, facilty, service or
the like, or (b) application of 47 U.S.C. § 252 in any other respect.
2. Frontier's Provision of Netwrk Elements
Subject to the conditions set fort in Section 1 of this Attachment, in accordance with, but
only to the extent required by, the Federal Unbundling Rules, Frontier shall provide FCA
access to the following:
2.1 Loops, as set forth in Section 3 of this Attachment;
2.2 Line Splitting (also referred to as "Loop Sharing"), as set forth in Section 40fthis
Attachment;
2.3 (Intentionally Left Blank);
2.4 Sub-Loops, as set forth in Section 6 of this Attachment;
2.5 Sub-Loop for Multiunit Tenant Premises Access, as set forth in Section 7 of this
Attachment;
2.6 Dark Fiber Transport (sometimes referred to as "Dark Fiber IOF"), as set forth in
Section 8 of this Attachment;
2.7 Network Interface Device, as set forth in Section 9 of this Attachment;
2.8 (Intentionally Left Blank);
2.9 Dedicated Transport (may also be referred to as "Interoffce Transmission
Facilties") (or "IOF"), as set forth in Section 11 of this Attachment;
2.10 (Intentionally Left Blank);
2.11 Operations Support Systems, as set forth in Section 13 of this Attachment; and
2.12 Other UNEs in accordance with Section 14 of this Attachment.
3. Loop Transmission Types
3.1 Subject to the conditions set fort in Section 1 of this Attachment, Frontier shall
allow FCA to access Loops unbundled from local switching and local transport, in
accordance with this Section 3 and the rates and charges provided in the Pricing
Attachment. Frontier shall allow FCA access to Loops in accordance with, but
only to extent required by, the Federal Unbundling Rules. Subject to the
foregoing and the provisions regarding FTTP Loops, in Section 3.5 below, and
Hybrid Loops, in Section 3.6 below, the available Loop types are as set forth
below:
3.1.1 "2 Wire Analog Voice Grade Loop. or "Analog 2W" provides an
effective 2-wire channel with 2-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals and loop-start signaling. This Loop type is more fully
described in Frontier Technical Reference (TR)-72565, as revised
from time-to-time. If "Customer-Specified Signaling" is requested, the
Loop wil operate with one of the following signaling types that may be
specified when the Loop is ordered: loop-start, ground-start, loop-
reverse-battery, and no signaling. Customer specified signaling is
FCA 10 Camp v3.3a _07142010 95
more fully described in Frontier TR-72570, as revised from time-to-
time. Frontier wil not build new facilties or modify existing facilties
except to the extent required in Section 17 of this Attachment.
3.1.2 "4-Wire Analog Voice Grade Loop" or "Analog 4W" provides an
effective 4-wire channel with 4-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals. This Loop type wil operate with one of the following
signaling types that may be specified when the Loop is ordered: loop-
start, ground-start, loop-reverse-battery, duplex, and no signaling.
This Loop type is more fully described in Frontier TR-72570, as
revised from time-to-time. Frontier wil not build new facilities or
modify existing facilties except to the extent required in Section 17 of
this Attachment.
3.1.3 "2-Wire ISDN Digital Grade Loop" or "BRI ISDN" provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
160 kbps digital services using the ISDN 2B1Q line code. This Loop
type is more fully described in American National Standards Institute
(ANSI) T1.601-1998 and Frontier TR 72575, as revised from time-to-
time. In some cases loop extension equipment may be necessary to
bring the line loss within acceptable levels. Frontier wil provide loop
extension equipment only upon request. A separate charge wil apply
for loop extension equipment. The 2-Wire ISDN Digital Grade Loop is
available only in the former Bell Atlantic Service Areas. In the former
GTE Service Areas only, FCA may order a 2-Wire Digital Compatible
Loop using 2-wire ISDN ordering codes to provide similar capabilty.
Frontier will not build new facilties or modify existing facilities except
to the extent required in Section 17 of this Attachment.
3.1.4 "2-Wire ADSL-Compatible Loop" or "ADSL 2W' provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
digital signals up to 8 Mbps toward the Customer and up to 1 Mbps
from the Customer. This Loop type is more fully described in Frontier
TR-72575, as revised from time-to-time. ADSL-Compatible Loops wil
be available only where existing copper facilties are available and
meet applicable specifications. Frontier will not build new facilties or
modify existing facilties except to the extent required in Sections 3.2
or 17 of this Attachment. The upstream and downstream ADSL power
spectral density masks and dc line power limits in Frontier TR 72575,
as revised from time-to-time, must be met. The 2-Wire ADSL-
Compatible Loop is available only in the former Bell Atlantic Service
Areas. In the former GTE Service Areas only, FCA may order a 2-
Wire Digital Compatible Loop using 2-wire ADSL ordering codes to
provide similar capabilty.
3.1.5 "2-Wire HDSL-Compatible Loop" or "HDSL 2W" consists of a single 2-
wire non-loaded, twisted copper pair that meets the carrer serving
area design criteria. This Loop type is more fully described in Frontier
TR-72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Frontier TR 72575,
as revised from time-to-time, must be met. 2-Wire HDSL-Compatible
Loops will be provided only where existing facilties are available and
can meet applicable specifications. The 2-Wire HDSL-Compatible
Loop is available only in the former Bell Atlantic Service areas. In the
former GTE Service Areas only, FCA may order a 2-Wire Digital
FCA 10 Camp v3.3a _07142010 96
Compatible Loop using 2-Wire HDSL ordering codes to provide similar
capabilty. Frontier wil not build new facilities or modify existing
facilities except to the extent required in Sections 3.2 or 17 of this
Attachment.
3.1.6 "4-Wire HDSL-Compatible Loop" or "HDSL 4W" consists of two 2-wire
non-loaded, twisted copper pairs that meet the carrier serving area
design criteria. This Loop type is more fully described in FrontierTR-
72575, as revised from time-to-time. The HDSL power spectral
density mask and de line power limits referenced in Frontier TR 72575,
as revised from time-to-time, must be met. 4-Wire HDSL-Compatible
Loops wil be provided only where existing facilities are available and
can meet applicable specifications. Frontier wil not build new facilties
or modify existing facilties except to the extent required in Sections
3.2 or 17 of this Attachment.
3.1.7 "2-Wire IDSL-Compatible Metallc Loop" consists of a single 2-wire
non-loaded, twisted copper pair that meets revised resistance design
criteria. This Loop is intended to be used with very-low band
symmetric DSL systems that meet the Class 1 signal power limits and
other criteria in the T1 E1.4 loop spectrum management standard
(T1E1.4/2000-002R3) and are not compatible with 2B1Q 160 kbps
ISDN transport systems. The actual data rate achieved depends upon
the performance of CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in T1 E1.4/2000-002R3, as revised from time-to-time. This
loop cannot be provided via UDLC. The 2-Wire IDSL-Compatible
Metallic Loop is available only in the former Bell Atlantic Service
Areas. In the former GTE Service Areas only, FCA may order a 2-
Wire Digital Compatible Loop using ISDN ordering codes to provide
similar capability. Frontier wil not build new facilties or modify
existing facilties except to the extent required in Sections 3.2 or 17 of
this Attachment.
3.1.8 "2-Wire SDSL-Compatible Loop", is intended to be used with low band
symmetric DSL systems that meet the Class 2 signal power limits and
other criteria in the T1 E1.4 loop spectrum management standard
(T1 E1.4/2000-002R3). This Loop consists of a single 2-wire non-
loaded, twisted copper pair that meets Class 2 length limit in
T1 E1.4/2000-002R3. The data rate achieved depends on the
performance of the CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in T1 E1.4/2000-002R3, as revised from time-to-time. The
2-Wire SDSL-Compatible Loop is available only in the former Bell
Atlantic Service Areas. In the former GTE Service Areas only, FCA
may order a 2-Wire Digital Compatible Loop to provide similar
capabilty. SDSL-compatible local loops wil be provided only where
facilities are available and can meet applicable specifications. Frontier
wil not build new facilties or modify existing facilties except to the
extent required in Sections 3.2 or 17 of this Attachment.
3.1.9 "4-Wire 56 kbps Loop" is a 4-wire Loop that provides a transmission
path that is suitable for the transport of digital data at a synchronous
rate of 56 kbps in opposite directions on such Loop simultaneously. A
4-Wire 56 kbps Loop consists of two pairs of non-loaded copper wires
with no intermediate electronics or it consists of universal digital loop
FCA 10 Camp v3.3a _07142010 97
carrier with 56 kbps DDS dataport transport capabilty. Frontier shall
provide 4-Wire 56 kbps Loops to FCA in accordance with, and subject
to, the technical specifications set forth in Frontier TR-72575, as
revised from time-to-time. Frontier will not build new facilities or
modify existing facilities except to the extent required in Section 17 of
this Attachment.
3.1.10 "DS 1 Loops" provide a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals. This Loop type is more fully
described in Frontier TR 72575, as revised from time to time. The DS1
Loop includes the electronics necessary to provide the DS1
transmission rate. If, at the requested installation date, the electronics
necessary to provide the DS1 transmission rate are not available for
the requested DS1 Loop, then Frontier wil not install new electronics
except to the extent required in Section 17 of this Attachment. Frontier
wil not build new facilities and wil not modify existing facilties except
to the extent required in Section 17 of this Attachment. If the
electronics necessary to provide Clear Channel (B8ZS) signaling are
at the requested installation date available for a requested DS1 Loop,
upon request by FCA, the DS1 Loop wil be furnished with Clear
Channel (B8ZS) signaling. Frontier wil not install new electronics to
furnish Clear Channel (B8ZS) signaling. For purposes of provisions
implementing any right Frontier may have to cease providing
unbundled access to DS 1-capacity Loops under the TRRO pursuant to
Section 1 of this Attachment, the term "DS1 Loop" further includes any
type of Loop described in Section 3.1 of the Network Elements
Attachment that provides a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals, regardless of whether the
subject Loop meets the specific definition of a DS1 Loop set forth in
this section.
3.1.11 "DS3 Loops" will support the transmission of isochronous bipolar serial
data at a rate of 44.736 Mbps (the equivalent of 28 DS1 channels).
This Loop type is more fully described in Frontier TR 72575, as
revised from time to time. The DS3 Loop includes the electronics
necessary to provide the DS3 transmission rate. If, at the requested
installation date, the electronics necessary to provide the DS3
transmission rate are not available for the requested DS3 Loop, then
Frontier wil not install new electronics except to the extent required in
Section 17 of this Attachment. Frontier wil not build new facilities and
wil not modify existing facilties except to the extent required in
Section 17 of this Attachment. For purposes of provisions
implementing any right Frontier may have to cease providing
unbundled access to DS3-capacity loops under the TRRO pursuant to
Section 1 of this Attachment, the term "DS3 Loop" further includes any
type of Loop described in Section 3.1 of the Network Elements
Attachment that provides a digital transmission channel suitable for the
transport of 44.736 Mbps digital signals, regardless of whether the
subject Loop meets the specific definition of a DS3 Loop set forth in
this section.
3.1.12 In the former Bell Atlantic Servce Areas only, "Digital Designed Loops"
are comprised of designed loops that meet specific FCA requirements
for metallc loops over 18k ft. or for conditioning of ADSL, HDSL,
SDSL, IDSL, or BRI ISDN Loops. "Digital Designed Loops" may
include requests for:
FCA 10 Camp v3.3a _07142010 98
3.1.13
3.1.14
3.1.12.1 a 2W Digital Designed Metallc Loop with a total loop length
of 18k to 30k ft., unloaded, with the option to remove
bridged tap;
3.1.12.2 a 2W ADSL Loop of 12k to 18k ft. with an option to remove
bridged tap (such a Loop with the bridged tap so removed
shall be deemed to be a "2W ADSL Compatible Loop");
3.1.12.3 a 2W ADSL Loop of less than 12k ft. with an option to
remove bridged tap (such a Loop with the bridged tap so
removed shall be deemed to be a "2W ADSL Compatible
Loop");
3.1.12.4 a 2W HDSL Loop of less than 12k ft. with an option to
remove bridged tap:
3.1.12.5 a 4W HDSL Loop of less than 12k ft with an option to
remove bridged tap;
3.1.12.6 a 2 W Digital Designed Metallc Loop with Frontier-placed
ISDN loop extension electronics;
3.1.12.7 a 2W SDSL Loop with an option to remove bridged tap; and
3.1.12.8 a 2W IDSL Loop of less than 18k ft. with an option to
remove bridged tap;
Frontier shall make Digital Designed Loops available FCA at the rates
as set forth in the Pricing Attachment.
In the former GTE Service Areas only, "Conditioned Loops" are
comprised of designed loops that meet specific FCA requirements for
metallc loops over 12k ft. or for conditioning of 2-wire or 4-wire digital
or BRIISDN Loops. "Conditioned Loops" may include requests for:
3.1.14.1 a 2W Digital Loop with a total loop length of 12k to 30k ft.,
unloaded, with the option to remove bridged tap (such a
Loop, unloaded, with bridged tap so removed shall be
deemed to be a "2W Digital Compatible Loop");
3.1.14.2 a 2W Digital Loop of 12k to 18k ft. with an option to remove
load coils and/or bridged tap (such a Loop with load coils
and/or bridged tap so removed shall be deemed to be a
"2W Digital Compatible Loop");
3.1.14.3 a 2W Digital or 4W Digital Loop of less than 12k ft. with an
option to remove bridged tap (such a 2W Loop with bridged
tap so removed shall be deemed to be a "2W Digital
Compatible Loop");
3.1.14.4 a 2W Digital Loop with Frontier-placed ISDN loop extension
electronics (such a Loop with ISDN loop extension
electronics so placed shall be deemed to be a "2W Digital
Compatible Loop").
3.1.15 Frontier shall make Conditioned Loops available to FCA at the rates
as set forth in the Pricing Attachment.
FCA 10 Camp v3.3a _07142010 99
3.2 The following ordering procedures shall apply to xDSL Compatible Loops, Digital
Designed and Conditioned Loops:
3.2.1 FCA shall place orders for xDSL Compatible Loops, Digital Designed
and Conditioned Loops by delivering to Frontier a valid electronic
transmittal Service Order or other mutually agreed upon type of
Service Order. Such Service Order shall be provided in accordance
with industry format and specifications or such format and
specifications as may be agreed to by the Parties.
3.2.2 In former Bell Atlantic Service Areas, Frontier is conducting a
mechanized survey of existing Loop facilties, on a Central Offce by
Central Offce basis, to identify those Loops that meet the applicable
technical characteristics established by Frontier for compatibilty with
xDSL Compatible or BRI ISDN signals. The results of this survey wil
be stored in a mechanized database and made available to FCA as
the process is completed in each Central Offce. FCA must utilze this
mechanized loop qualification database, where available, in advance
of submitting a valid electronic transmittal Service Order for an xDSL
Compatible or BRI ISDN Loop. Charges for mechanized loop
qualification information are set forth in the Pricing Attachment. In
former GTE Service Areas, Frontier provides access to mechanized
xDSL loop qualification information to help identify those loops that
meet applicable technical characteristics for compatibilty with xDSL
Services that the CLEC may wish to offer to its end user Customers.
FCA must access Frontier's mechanized loop qualification system
through the use of the on-line computer interface at ww.frontier.com
in advance of submitting a valid electronic transmittal Service Order for
xDSL service arrangements. The loop qualification information
provided by Frontier gives FCA the abilty to determine loop
composition and loop length, and may provide other loop
characteristics, when present, that may indicate incompatibilty with
xDSL Services such as load coils or Digital Loop Carrier. Information
provided by the mechanized loop qualification system also indicates
whether loop conditioning may be necessary. It is the responsibilty of
FCA to evaluate the loop qualification information provided by Frontier
and determine whether a loop meets FCA requirements for xDSL
Service, including determining whether conditioning should be
ordered, prior to submitting an Order.
3.2.3 If the Loop is not listed in the mechanized database described in
Section 3.2.2 of this Attachment, FCA must request a manual loop
qualification, where such qualification is available, prior to submitting a
valid electronic Service Order for an xDSL Compatible or BRI ISDN
Loop. In general, Frontier will complete a manual loop qualification
request within three (3) Business Days, although Frontier may require
additional time due to poor record conditions, spikes in demand, or
other unforeseen events. The manual loop qualification process is
currently available in the former Bell Atlantic Service Areas only.
3.2.4 If a query to the mechanized loop qualification database or manual
loop qualification indicates that a Loop does not qualify (e.g., because
it does not meet the applicable technical parameters set forth in the
Loop descriptions above), FCA may request an Engineering Query,
where available, as described in Section 3.2.7 of this Attachment, to
determine whether the result is due to characteristics of the loop itself
FCA 10 Camp v3.3a _07142010 100
(e.g., specific number and location of bridged taps, the specific
number of load coils, or the gauge of the cable).
3.2.5 Once a Loop has been pre-qualified, FCA will submit a Service Order
pursuant to Section 3.2.1 of this Attachment if it wishes to obtain the
Loop.
3.2.5.1 If the Loop is determined to be xDSL Compatible and if the
Loop serving the serving address is usable and available to
be assigned as a xDSL Compatible Loop, Frontier wil
initiate standard Loop provisioning and installation
processes, and standard Loop provisioning intervals wil
apply.
3.2.5.2 If the Loop is determined to be xDSL Compatible, but the
Loop serving the service address is unusable or unavailable
to be assigned as an xDSL Compatible Loop, Frontier wil
search the Customets serving terminal for a suitable spare
facility. If an xDSL Compatible Loop is found within the
serving terminal, Frontier wil perform a Line and Station
Transfer (or "pair swap") whereby the Frontier technician
will transfer the Customer's existing service from one
existing Loop facilty onto an alternate existing xDSL
Compatible Loop facilty serving the same location. Frontier
performs Line and Station Transfers in accordance with the
procedures developed in the DSL Collaborative in the State
of New York, NY PSC Case 00-C-0127. Standard intervals
do not apply when Frontier performs a Line and Station
Transfer, and additional charges shall apply as set forth in
the Pricing Attachment.
3.2.6 If FCA submits a Service Order for an xDSL Compatible or BRIISDN
Loop that has not been prequalified, Frontier wil query the Service
Order back to FCA for qualification and wil not accept such Service
Order until the Loop has been prequalified on a mechanized or manual
basis. If FCA submits a Service Order for an xDSL Compatible or BRI
ISDN Loop that is, in fact, not compatible with the requested service
(e.g. ADSL, HDSL etc.) in its existing condition, Frontier wil respond
back to FCA with a "Nonqualified" indicator and with information
showing whether the non-qualified result is due to the presence of load
coils, presence of digital loop carrier, or loop length (including bridged
tap).
3.2.7 Where FCA has followed the prequalification procedure described
above and has determined that a Loop is not compatible with xDSL
technologies or BRI ISDN service in its existing condition, it may either
request an Engineering Query, where available, to determine whether
conditioning may make the Loop compatible with the applicable
service; or if FCA is already aware ofthe conditioning required (e.g.,
where FCA has previously requested a qualification and has obtained
loop characteristics), FCA may submit a Service Order for a Digital
Designed Loop. Frontier wil undertake to condition or extend the
Loop in accordance with this Section 3.2 of this Attachment upon
receipt of FCA 's valid, accurate and pre-qualified Service Order for a
Digital Designed Loop.
FCA 10 Camp v3.3a _07142010 101
3.2.8 The Parties wil make reasonable efforts to coordinate their respective
roles in order to minimize provisioning problems. In general, where
conditioning or loop extensions are requested by FCA , an interval of
eighteen (18) Business Days will be required by Frontier to complete
the loop analysis and the necessary construction work involved in
conditioning and/or extending the loop as follows:
3.2.8.1 Three (3) Business Days wil be required following receipt of
FCA 's valid, accurate and pre-qualified Service Order for a
Digital Designed or Conditioned Loop to analyze the loop
and related plant records and to create an Engineering
Work Order.
3.2.8.2 Upon completion of an Engineering Work Order, Frontier
wil initiate the construction order to perform the
changes/modifications to the Loop requested by FCA .
Conditioning activities are, in most cases, able to be
accomplished within fifteen (15) Business Days.
Unforeseen conditions may add to this intervaL.
After the engineering and conditioning tasks have been completed, the
standard Loop provisioning and installation process wil be initiated,
subject to Frontier's standard provisioning intervals.
3.2.9 If FCA requires a change in scheduling, it must contact Frontier to
issue a supplement to the original Service Order. If FCA cancels the
request for conditioning after a loop analysis has been completed but
prior to the commencement of construction work, FCA shall
compensate Frontier for an Engineering Work Order charge as set
forth in the Pricing Attachment. If FCA cancels the request for
conditioning after the loop analysis has been completed and after
construction work has started or is complete, FCA shall compensate
Frontier for an Engineering Work Order charge as well as the charges
associated with the conditioning tasks performed as set forth in the
Pricing Attachment.
3.3 Conversion of Live Telephone Exchange Service to Analog 2W Unbundled Local
Loops (Analog 2W Loops).
3.3.1 The following coordination procedures shall apply to "live" cutovers of
Frontier Customers who are convertng their Telephone Exchange
Services to FCA Telephone Exchange Services provisioned over
Analog 2W Loops to be provided by Frontier to FCA :
3.3.1.1 Coordinated cutover charges shall apply to conversions of
live Telephone Exchange Services to Analog 2W Loops.
When an outside dispatch is required to perform a
conversion, additional charges may apply. If FCA does not
request a coordinated cutover, Frontier wil process FCA 's
order as a new installation subject to applicable standard
provisioning intervals.
3.3.1.2 FCA shall request Analog 2W Loops for coordinated
cutover from Frontier by delivering to Frontier a valid
electronic Local Service Request ("LSR"). Frontier agrees
to accept from FCA the date and time for the conversion
designated on the LSR ("Scheduled Conversion Time"),
FCA 10 Camp v3.3a _07142010 102
provided that such designation is within the regularly
scheduled operating hours of the Frontier Regional CLEC
Control Center ("RCCC") and subject to the availability of
Frontier's work force. In the event that Frontier's work force
is not available, FCA and Frontier shall mutually agree on a
New Conversion Time, as defined below. FCA shall
designate the Scheduled Conversion Time subject to
Frontier standard provisioning intervals as stated in the
Frontier CLEC Handbook, as may be revised from time to
time. Within three (3) Business Days of Frontier's receipt of
such valid LSR, or as otherwise required by the Federal
Unbundling Rules, Frontier shall provide FCA t he
scheduled due date for conversion of the Analog 2W Loops
covered by such LSR.
3.3.1.3 FCA shall provide dial tone at the FCA collocation site at
least fort-eight (48) hours prior to the Scheduled
Conversion Time.
3.3.1.4 Either Part may contact the other Party to negotiate a new
Scheduled Conversion Time (the "New Conversion Time");
provided, however, that each Party shall use commercially
reasonable efforts to provide four (4) business hours'
advance notice to the other Part of its request for a New
Conversion Time. Any Scheduled Conversion Time or New
Conversion Time may not be rescheduled more than one
(1) time in a Business Day, and any two New Conversion
Times for a particular Analog 2W Loop shall differ by at
least eight (8) hours, unless otherwise agreed to by the
Parties.
3.3.1.5 If the New Conversion Time is more than one (1) business
hour from the original Scheduled Conversion Time or from
the previous New Conversion Time, the Party requesting
such New Conversion Time shall be subject to the following:
3.3.1.5.1 If Frontier requests to reschedule outside of the
one (1) hour time frame above, the Analog 2W
Loops Service Order Charge for the original
Scheduled Conversion Time or the previous
New Conversion Time shall be credited upon
request from ***CUSTOMER ACRONYM***; and
3.3.1.5.2 If FCA requests to reschedule outside the one
(1) hour time frame above, FCA shall be
charged an additional Analog 2W Loops Service
Order Charge for rescheduling the conversion to
the New Conversion Time.
3.3.1.6 If FCA is not ready to accept service at the Scheduled
Conversion Time or at a New Conversion Time, as
applicable, an additional Service Order Charge shall apply.
If Frontier is not available or ready to perform the
conversion within thirt (30) minutes of the Scheduled
Conversion Time or New Conversion Time, as applicable,
Frontier and FCA wil reschedule and, upon request from
FCA 10 Camp v3.3a _07142010 103
FCA , Frontier wil credit the Analog 2W Loop Service Order
Charge for the original Scheduled Conversion Time.
3.3.1.7 The standard time interval expected from disconnection of a
live Telephone Exchange Service to the connection of the
Analog 2W Loops to FCA is fifteen (15) minutes per Analog
2W Loop for all orders consisting of twenty (20) Analog 2W
Loops or less. Orders involving more than twenty (20)
Loops wil require a negotiated intervaL.
3.3.1.8 Conversions involving LNP wil be completed according to
North American Numbering Council (NANG) standards, via
the regional Number Portabilty Administration Center
(NPAG).
3.3.1.9 If FCA requires Analog 2W Loop conversions outside of the
regularly scheduled Frontier RCCC operating hours, such
conversions shall be separately negotiated. Additional
charges (e.g. overtime labor charges) may apply for desired
dates and times outside of regularly scheduled RCCC
operating hours.
3.4 (Intentionally Left BlankJ.
3.5 FTTP Loops.
3.5.1 New Builds. Notwithstanding any other provision of the Agreement or
any Frontier Tariff, FCA shall not be entitled to obtain access to a
FTTP Loop, or any segment thereof, on an unbundled basis when
Frontier deploys such a Loop to the Customer premises of an end user
that has not been served by any Frontier Loop other than a FTTP
Loop.
3.5.2 Overbuilds. Notwithstanding any other provision of the Agreement or
any Frontier Tariff, if (a) Frontier deploys an FTTP Loop to replace a
copper Loop previously used to serve a particular end user's customer
premises, and (b) Frontier retires that copper Loop and there are no
other available copper Loops or Hybrid Loops for ***CUSTOMER
ACRONYM***'s provision of a voice grade service to that end user's
customer premises, then in accordance with, but only to the extent
required by, the Federal Unbundling Rules, Frontier shall provide FCA
with nondiscriminatory access on an unbundled basis to a
transmission path capable of providing DSO voice grade service to that
end user's customer premises.
3.6 Hybrid Loops.
3.6.1 Packet Switched Features. Functions. and Capabilties.
Notwithstanding any other provision of this Agreement or any Frontier
Tariff or SGAT, FCA shall not be entitled to obtain access to the
Packet Switched features, functions, or capabilties of any Hybrid Loop
on an unbundled basis.
3.6.2 Broadband Services. Subject to the conditions set forth in Section 1 of
this Attachment, when FCA seeks access to a Hybrid Loop for the
provision of "broadband services", as such term is defined by the FCC,
then in accordance with, but only to the extent required by, the Federal
FCA 10 Camp v3.3a _07142010 104
Unbundling Rules, Frontier shall provide FCA with unbundled access
to the existing time division multiplexing features, functions, and
capabilties of that Hybrid Loop, including DS1 or DS3 capacity (but
only where impairment has been found to exist, which, for the
avoidance of any doubt, does not include instances where Frontier is
not required to provide unbundled access to a DS1 Loop or a DS3
Loop under Section 1 of this Attachment) to establish a complete time
division multiplexing transmission path between the main distribution
frame (or equivalent) in a Frontier End Offce serving an end user to
the demarcation point at the end user's Customer premises. This
access includes access to all features, functions, and capabilties of
the Hybrid Loop that are not used to transmit packetized information.
3.6.3 Narrowband Services. Subject to the conditions set forth in Section 1
of this Attachment, when FCA seeks access to a Hybrid Loop for the
provision to its Customer of "narrowband services", as such term is
defined by the FCC, then in accordance with, but only to the extent
required by, the Federal Unbundling Rules, Frontier shall, in its sole
discretion, either (a) provide access to a spare home-run copper Loop
serving that Customer on an unbundled basis, or (b) provide access,
on an unbundled basis, to a DSO voice-grade transmission path
between the main distribution frame (or equivalent) in the end user's
serving End Offce and the end usets Customer premises, using time
division multiplexing technology.
3.6.4 IDLC Hybrid Loops and Loops Provisioned via Loop Concentrator.
Subject to the conditions set forth in Section 1 of this Attachment, if
FCA requests, in order to provide narrowband services, unbundling of
a 2 wire analog or 4 wire analog Loop currently provisioned via
Integrated Digital Loop Carrier (over a Hybrid Loop) or via Remote
Switching technology deployed as a Loop concentrator Frontier shall,
in accordance with but only to the extent required by the Federal
Unbundling Rules, provide FCA unbundled access to a Loop capable
of voice-grade service to the end user Customer served by the Hybrid
Loop.
3.6.4.1 Frontier will endeavor to provide FCA with an existing
copper Loop or a Loop served by existing Universal Digital
Loop Carrer ("UDLC"). Standard recurring and non-
recurring Loop charges wil apply. In addition, a non-
recurring charge wil apply whenever a line and station
transfer is performed.
3.6.4.2 If neither a copper Loop nor a Loop served by UDLC is
available, Frontier shall, upon request of FCA , provide
unbundled access to a DSO voice-grade transmission path
between the main distribution frame (or equivalent) in the
end user's serving End Offce and the end usets Customer
premises via such technically feasible alternative that
Frontier in its sole discretion may elect to employ. In
addition to the rates and charges payable in connection with
any unbundled Loop so provisioned by Frontier, FCA shall
be responsible for any of the following charges that apply in
the event the technically feasible option involves
construction, installation, or modification offacilities: (a) an
engineering query charge for preparation of a price quote;
FCA 10 Campv3.3a_07142010 105
(b) upon ***CUSTOMER ACRONYM***'s submission of a
firm construction order, an engineering work order
nonrecurring charge; and (c) construction charges, as set
forth in the price quote. If the order is cancelled by FCA
after construction work has started, FCA shall be
responsible for cancellation charges and a pro-rated charge
for construction work performed prior to the cancellation.
3.6.4.3 Frontier may exclude its performance in connection with
providing unbundled Loops pursuant to this Section 3.6.4
from standard provisioning intervals and performance
measures and remedies, if any, contained in the Agreement
or elsewhere.
4. Line Splitting (also referred to as "Loop Sharing")
4.1 Line Splitting is a process in which one CLEC provides narrowband voice service
over the low frequency portion of an unbundled copper Loop obtained from
Frontier (such CLEC may be referred to as the "VLEC") and a second CLEC
provides digital subscriber line service over the high frequency portion of that
same Loop (such CLEC may be referred to as the "DLEC"). Line Splitting is
accomplished through the use of a splitter collocated at the Frontier central offce
where the Loop terminates into a distribution frame or its equivalent.
4.2 Subject to the conditions set forth in Section 1 of this Attachment, FCA may
engage in Line Splitting, in accordance with this Section 4 and the rates and
charges provided for in the Pricing Attachment. Frontier shall provide access to
Line Splitting in accordance with, but only to the extent required by, the Federal
Unbundling Rules.
4.3 Any Line Splitting between FCA and another CLEC shall be accomplished by
prior negotiated arrangement between FCA and the other CLEC. FCA shall give
Frontier written notice of this arrangement through the Frontier Local Service
Customer Profile Form (formerly referred to as the Frontier Wholesale Local
Service Customer Profile Form) on the Frontier website (formerly referred to as
the Frontier wholesale website), or such other electronic notice mechanism that
Frontier may make available, at least thirt (30) days prior to placing an order for
a Line Splitting arrangement with such other CLEC. The other CLEC must have
an interconnection agreement with Frontier that permits it to engage in Line
Splitting with ***CUSTOMER ACRONYM***. The VLEC shall be responsible for
all rates and charges associated with the subject Loop as well as rates and
charges associated with the DLEC's use of the high frequency portion of the
Loop, including, but not limited to, service order charges, provisioning and
installation charges, central offce wiring, loop qualification charges, and OSS
charges.
4.4 In order to faciltate FCA's engaging in Line Splitting pursuant to this Section 4,
FCA may order for use in a Line Splitting arrangement, those Network Elements,
Combinations, Collocation arrangements, services, facilities, equipment and
arrangements, appropriate for Line Splitting, that are offered to FCA by Frontier
under the other sections of this Agreement. Such Network Elements,
Combinations, Collocation arrangements, services, facilties, equipment and
arrangements, wil be provided to FCA in accordance with, and subject to, the
rates and charges and other provisions of this Agreement and Frontier's
applicable Tariffs. Frontier shall be obligated to provide Network Elements,
Combinations, Collocation arrangements, services, facilities, equipment and
FCA 10 Camp v3.3a _07142010 106
arrangements, for Line Splitting only to the extent required by the Federal
Unbundling Rules.
4.5 FCA and/or the other participating CLEC shall provide any splitters and/or Digital
Subscriber Line Access Multiplexers used in a Line Splitting arrangement.
4.6 The standard provisioning interval for the Line Splitting arrangement shall be as
set out in the Frontier Product Interval Guide; provided that the standard
provisioning interval for a Line Splitting arrangement shall not exceed the
shortest of the following intervals: (1) the standard provisioning interval for a Line
Splitting arrangement if stated in an applicable Frontier Tariff; or, (2) the standard
provisioning interval for a Line Splitting arrangement, if any, established in
accordance with the Federal Unbundling Rules. The standard provisioning
interval for a Line Splitting arrangement shall commence only after any required
engineering and conditioning tasks have been completed. The standard
provisioning interval shall not apply where a Line and Station Transfer is
performed.
4.7 Frontier shall not be liable for any claims, damages, penalties, liabilities or the
like of any kind for disruptions to either FCA 's or the other CLEC's respective
voice or data services over a Line Splitting arrangement.
5. (This Section Intentionally Left Blank)
6. Sub-Loop
Subject to the conditions set forth in Section 1 of this Attachment and upon request by
FCA , Frontier shall allow FCA to access Sub-Loops unbundled from local switching and
transport, in accordance with the terms of this Section 6 and the rates and charges set
forth in the Pricing Attachment. Frontier shall allow FCA access to Sub-Loops in
accordance with, but only to the extent required by, the Federal Unbundling Rules. The
available Sub-Loop types are as set forth below.
6.1 Unbundled Sub-Loop Arrangement- Distribution (USLAl.
Subject to the conditions set fort in Section 1 of this Attachment and upon
request by FCA, Frontier shall provide FCA with access to a Sub-Loop
Distribution Facility in accordance with, and subject to, the terms and provisions
of this Section 6.1, the rates set fort in the Pricing Attachment, and the rates,
terms and conditions set forth in Frontier's applicable Tariffs. Frontier shall
provide FCA with access to a Sub-Loop Distribution Facilty in accordance with,
but only to the extent required by, the Federal Unbundling Rules.
6.1.1 FCA may request that Frontier reactivate (if available) an unused drop
and NID or provide FCA with access to a drop and NID that, at the
time of FCA's request, Frontier is using to provide service to the
Customer (as such term is hereinafter defined).
6.1.2 Upon site-specific request, FCA may obtain access to the Sub-Loop
Distribution Facilty at a technically feasible access point located near
a Frontier remote terminal equipment enclosure at the rates and
charges provided for in the Pricing Attachment. It is not technically
feasible to access the Sub-Loop Distribution Facility if a technician
must access the facilty by removing a splice case to reach the wiring
within the cable. FCA may obtain access to a Sub-Loop Distribution
Facilty through any method required by the Federal Unbundling
Rules, in addition to existing methods such as from a
FCA 10 Camp v3.3a _07142010 107
Telecommunications outside plant interconnection cabinet (TOPIC) or,
if FCA is collocated at a remote terminal equipment enclosure and the
FDI for such Sub-Loop Distribution Facility is located in such
enclosure, from the collocation arrangement of FCA at such terminaL.
If FCA obtains access to a Sub-Loop Distribution Facilty from a
TOPIC, FCA shall install a TOPIC on an easement or Right of Way
obtained by FCA within 100 feet of the Frontier FDI to which such Sub-
Loop Distribution Facilty is connected. A TOPIC must comply with
applicable industry standards. Subject to the terms of applicable
Frontier easements, Frontier shall furnish and place an interconnecting
cable between a Frontier FDI and a FCA TOPIC and Frontier shall
install a termination block within such TOPIC. Frontier shall retain title
to and maintain the interconnecting cable. Frontier shall not be
responsible for building, maintaining or servicing the TOPIC and shall
not provide any power that might be required by FCA for any of FCA 's
electronics in the TOPIC. FCA shall provide any easement, Right of
Way or trenching or supporting structure required for any portion of an
interconnecting cable that runs beyond a Frontier easement.
6.1.3 FCA may request from Frontier by submitting a loop make-up
engineering query to Frontier, and Frontier shall provide to FCA , the
following information regarding a Sub-Loop Distribution Facility that
serves an identified Customer: the Sub-Loop Distribution Facilty's
length and gauge; whether the Sub-Loop Distribution Facility has
loading and bridged tap; the amount of bridged tap (if any) on the Sub-
Loop Distribution Facility; and, the location of the FDI to which the
Sub-Loop Distribution Facilty is connected.
6.1.4 To order access to a Sub-Loop Distribution Facilty from a TOPIC,
FCA must first request that Frontier connect the Frontier FDI to which
the Sub-Loop Distribution Facilty is connected to a FCA TOPIC. To
make such a request, FCA must submit to Frontier an application (a
"Sub-Loop Distribution Facility Interconnection Application") that
identifies the FDI at which FCA wishes to access the Sub-Loop
Distribution Facility. A Sub-Loop Distribution Facility Interconnection
Application shall state the location of the TOPIC, the size of the
interconnecting cable and a description of the cable's supportng
structure. A Sub-Loop Distribution Facilty Interconnection Application
shall also include a five-year forecast of FCA 's demand for access to
Sub-Loop Distribution Facilities at the requested FDI. FCA must
submit the application fee set forth in the Pricing Attachment attached
hereto and Frontier's applicable Tariffs (a "Sub-Loop Distribution
Facility Application Fee") with Sub-Loop Distribution Facilty
Interconnection Application. FCA must submit Sub-Loop
Interconnection Applications to:
FCA 's Account Manager
6.1.5 Within sixt (60) days after it receives a complete Sub-Loop
Distribution Facilty Interconnection Application for access to a Sub-
Loop Distribution Facility and the Sub-Loop Distribution Facility
Application Fee for such application, Frontier shall provide to FCA a
work order that describes the work that Frontier must perform to
provide such access (a "Sub-Loop Distribution Facility Work Ordet'
and a statement of the cost of such work (a "Sub-Loop Distribution
Facility Interconnection Cost Statement").
FCA 10 Camp v3.3a _07142010 108
6.1.6 FCA shall pay to Frontier fift percent (50%) of the cost set forth in a
Sub-Loop Distribution Facilty Interconnection Cost Statement within
sixt (60) days of FCA's receipt of such statement and the associated
Sub-Loop Distribution Facilty Work Order, and Frontier shall not be
obligated to perform any of the work set forth in such order until
Frontier has received such payment. A Sub-Loop Distribution Facilty
Interconnection Application shall be deemed to have been withdrawn if
FCA breaches its payment obligation under this Section. Upon
Frontier's completion of the work that Frontier must perform to provide
FCA with access to a Sub-Loop Distribution Facilty, Frontier shall bil
FCA, and FCA shall pay to Frontier, the balance of the cost set forth in
the Sub-Loop Distribution Facility Interconnection Cost Statement for
such access.
6.1.7 After Frontier has completed the installation of the interconnecting
cable to a FCA TOPIC and FCA has paid the full cost of such
installation, FCA can request the connection of Frontier Sub-Loop
Distribution Facilities to the FCA TOPIC. At the same time, FCA shall
advise Frontier of the services that FCA plans to provide over the Sub-
Loop Distribution Facilty, request any conditioning of the Sub-Loop
Distribution Facilty and assign the pairs in the interconnecting cable.
FCA shall run any crosswires within the TOPIC.
6.1.8 If FCA requests that Frontier reactivate an unused drop and NID, then
FCA shall provide dial tone (or its DSL equivalent) on the FCA side of
the applicable Frontier FDI at least twenty-four (24) hours before the
due date. On the due date, a Frontier technician wil run the
appropriate cross connection to connect the Frontier Sub-Loop
Distribution Facilty to the FCA dial tone or equivalent from the TOPIC.
If FCA requests that Frontier provide FCA with access to a Sub-Loop
Distribution Facility that, at the time of FCA 's request, Frontier is using
to provide service to a Customer, then, after FCA has looped two
interconnecting pairs through the TOPIC and at least twenty four (24)
hours before the due date, a Frontier technician shall crosswire the
dial tone from the Frontier central offce through the Frontier side of
the TOPIC and back out again to the Frontier FDI and Frontier Sub-
Loop Distribution Facilty using the "loop through" approach. On the
due date, FCA shall disconnect Frontier's dial tone, crosswire its dial
tone to the Sub-Loop Distribution Facility and submit FCA 's LNP
request.
6.1.9 Frontier wil not provide access to a Sub-Loop Distribution Facilty if
Frontier is using the loop of which the Sub-Loop Distribution Facilty is
a part to provide line sharing service to another CLEC or a service that
uses derived channel technology to a Customer unless such other
CLEC first terminates the Frontier-provided line sharing or such
Customer first disconnects the service that utilizes derived channel
technology.
6.1.10 Frontier shall provide FCA with access to a Sub-Loop Distribution
Facilty in accordance with negotiated intervals
6.1.11 Frontier shall repair and maintain a Sub-Loop Distribution Facilty at
the request of FCA and subject to the time and material rates set forth
in Pricing Attachment and the rates, terms and conditions of Frontier's
applicable Tariffs. FCA accepts responsibilty for initial trouble
isolation for Sub-Loop Distribution Facilities and providing Frontier with
FCA 10 Camp v3.3a _07142010 109
appropriate dispatch information based on its test results. If (a) FCA
reports to Frontier a Customer trouble, (b) FCA requests a dispatch,
(c) Frontier dispatches a technician, and (d) such trouble was not
caused by Frontier Sub-Loop Distribution Facilty facilties or
equipment in whole or in part, FCA shall pay Frontier the charges set
forth in the Pricing Attachment and Frontier's applicable Tariffs for time
associated with said dispatch. In addition, these charges also apply
when the Customer contact as designated by FCA is not available at
the appointed time. If as the result of FCA instructions, Frontier is
erroneously requested to dispatch to a site on Frontier company
premises ("dispatch in"), the charges set forth in Pricing Attachment
and Frontier's applicable Tariffs will be assessed per occurrence to
FCA by Frontier. If as the result of FCA instructions, Frontier is
erroneously requested to dispatch to a site outside of Frontier company
premises ("dispatch out"), the charges set forth in Pricing Attachment
and Frontier's applicable Tariffs will be assessed per occurrence to
FCA by Frontier.
6.2 (Intentionally Left Blank).
6.3 Collocation in Remote Terminals.
To the extent required by Applicable Law, Frontier shall allow FCA to collocate
equipment in a Frontier remote terminal equipment enclosure in accordance with,
and subject to, the rates, terms and conditions set forth in the Collocation
Attachment and the Pricing Attachment.
7. Sub-Loop for Multiunit Tenant Premises Access
(Intentionally Left Blank).
8. Dark Fiber Transport and Transitional Provision of Embedded Dark Fiber Loops
8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by FCA , Frontier shall provide FCA with access to unbundled Dark Fiber
Transport in accordance with, and subject to, the rates, terms and conditions
provided in the Pricing Attachment and rates, terms and conditions of Frontier's
applicable Tariffs. Frontier shall not be required to provide, and FCA shall not
request or obtain, unbundled access to any dark fiber facility that does not meet
the definition of Dark Fiber Transport (except to the extent Frontier is required to
provide FCA with unbundled access to FCA 's embedded base of Dark Fiber
Loops under Section 8.3 below). For the avoidance of any doubt,
notwithstanding any other provision of this Agreement, a Frontier Tariff, or
otherwise, Frontier shall not be required to provide, and FCA shall not request or
obtain, Dark Fiber Transport that does not connect a pair of Frontier UNE Wire
Centers. Access to unbundled Dark Fiber Transport will be provided by Frontier
only where existing facilties are available except as provided in Section 17
below. Access to Dark Fiber Transport wil be provided in accordance with, but
only to the extent required by, the Federal Unbundling Rules. Dark Fiber
Transport consists of Frontier optical transmission facilties without attached
multiplexers, aggregation or other electronics. To the extent Frontier's Dark
Fiber Transport contains any lightwave repeaters (e.g., regenerators or optical
amplifiers) installed thereon, Frontier shall not remove the same. Except as
otherwise required by the Federal Unbundling Rules, the following terms and
conditions apply to Frontier's Dark Fiber Transport offerings.
FCA 10 Camp v3.3a _07142010 110
8.2 In addition to the other terms and conditions of this Agreement, the following
terms and conditions shall apply to Dark Fiber Transport:
8.2.1 (Intentionally Left Blank).
8.2.2 FCA may access Dark Fiber Transport only at a pre-existing Frontier
accessible terminal of such Dark Fiber Transport, and FCA may not
access Dark Fiber Transport at any other point, including, but not
limited to, a splice point or case. Dark Fiber Transport is not available
to FCA unless such Dark Transport is already terminated on an
existing Frontier accessible terminaL. Unused fibers located in a cable
vault or a controlled environment vault, manhole or other location
outside the Frontier UNE Wire Center, and not terminated to a fiber
patch panel, are not available to FCA.
8.2.3 Except if and, to the extent required by, the Federal Unbundling Rules
and Section 17 below, Frontier wil not perform splicing (e.g., introduce
additional splice points or open existing splice points or cases) to
accommodate FCA 's request.
8.2.4 Frontier shall perform all work necessary to install a cross connect or a
fiber jumper from a Frontier accessible terminal to a FCA collocation
arrangement.
8.2.5 A "Dark Fiber Inquiry Form" must be submitted prior to submitting an
ASR. Upon receipt of FCA's completed Dark Fiber Inquiry Form,
Frontier wil initiate a review of its cable records to determine whether
Dark Fiber Transport may be available between the locations and in
the quantities specified. Frontier wil respond within fifteen (15)
Business Days from receipt of the FCA's Dark Fiber Inquiry Form,
indicating whether Dark Fiber Transport may be available (if so
available, an "Acknowledgement") based on the records search except
that for voluminous requests or large, complex projects, Frontier
reserves the right to negotiate a different intervaL. The Dark Fiber
Inquiry is a record search and does not guarantee the availabilty of
Dark Fiber Transport. Where a direct Dark Fiber Transport route is not
available, Frontier wil provide, where available, Dark Fiber Transport
via a reasonable indirect route that passes through intermediate
Frontier Central Offces at the rates set forth in the Pricing Attachment.
In cases where Frontier provides Dark Fiber Transport via an indirect
route as described in this section, FCA shall not be permitted to
access the Dark Fiber Transport at any intermediate central offce
between the two Frontier central offces that are the end points of the
route. In no event shall Frontier be required to provide Dark Fiber
Transport between two central offces that are the end points of a
route on which Frontier is not required under the Federal Unbundling
Rules to provide Dark Fiber Transport to FCA. Frontier reserves the
right to limit the number of intermediate Frontier Central Offces on an
indirect route consistent with limitations in Frontier's network design
and/or prevailng industry practices for optical transmission
applications. Any limitations on the number of intermediate Frontier
Central Offces wil be discussed with FCA. If access to Dark Fiber
Transport is not available, Frontier wil notify FCA, within fifteen (15)
Business Days, that no spare Dark Fiber Transport is available over
the direct route nor any reasonable altemate indirect route, except that
for voluminous requests or large, complex projects, Frontier reserves
the right to negotiate a different intervaL. Where no available route
FCAIOCopv3.3a_07142010 111
FCA 10 Camp v3.3a _07142010
was found during the record review, Frontier wil identify the first
blocked segment on each alternate indirect route and which
segment(s) in the alternate indirect route are available prior to
encountering a blockage on that route, at the rates set forth in the
Pricing Attachment.
8.2.5.1 FCA shall indicate on the Dark Fiber Inquiry Form whether
the available Dark Fiber should be reserved, at the rates set
forth in the Pricing Attachment, pending receipt of an order
for the Dark Fiber.
8.2.5.2 Upon request from FCA as indicated on the Dark Fiber
Inquiry Form, Frontier shall hold such requested Dark Fiber
Transport for FCA's use for ten (10) Business Days from
FCA 's receipt of Acknowledgement and may not allow any
other part (including Frontier) to use such fiber during that
time period.
8.2.5.3 FCA shall submit an order for the reserved Dark Fiber
Transport as soon as possible using the standard ordering
process or parallel provisioning process as described in
Section 8.2.5.5. The standard ordering process shall be
used when FCA does not have additional requirements for
collocation. The parallel provisioning process shall be used
when FCA requires new collocation facilities or changes to
existing collocation arrangements.
8.2.5.4 If no order is received from FCA for the reserved Dark Fiber
Transport within ten (10) Business Days from FCA's receipt
of Acknowledgement, Frontier shall retum to spare the
reserved Dark Fiber Transport that Frontier previously
notified FCA are available. Should FCA submit an order to
Frontier after the ten (10) Business Day reservation period
for access to Dark Fiber Transport that Frontier has
previously notified FCA was available, FCA assumes all risk
that such Dark Fiber Transport wil no longer be available.
8.2.5.5 Upon FCA 's request, the Parties will conduct parallel
provisioning of collocation and Dark Fiber Transport in
accordance with the following terms and conditions:
8.2.5.5.1 FCA wil use existing interfaces and Frontier's
current applications and order forms to request
collocation and Dark Fiber Transport.
8.2.5.5.2 Frontier wil parallel process FCA's requests for
collocation, including augments, and Dark Fiber
Transport.
8.2.5.5.3 Before FCA submits a request for parallel
provisioning of collocation and Dark Fiber
Transport, FCA wil:
8.2.5.5.3.1 submit a Dark Fiber Inquiry Form
and receive an Acknowledgement
from Frontier; and
112
8.2.5.5.3.2 submit a collocation application
for the Frontier Central Offce(s)
where the Dark Fiber Transport
terminates and receive
confirmation from Frontier that
FCA's collocation application has
been accepted.
8.2.5.5.4 FCA wil prepare requests for parallel
provisioning of collocation and Dark Fiber
Transport in the manner and form reasonably
specified by Frontier.
8.2.5.5.5 If Frontier rejects FCA's Dark Fiber Transport
request, FCA may cancel its collocation
application within five (5) Business Days of such
rejection and receive a refund of the collocation
application fee paid by FCA, less the costs
Frontier incurred to date.
8.2.5.5.6 If Frontier accepts FCA's Dark Fiber Transport
request, Frontier wil parallel provision the Dark
Transport to a temporary location in Frontier's
Central Offce(s). Frontier wil charge and FCA
wil pay for parallel provisioning of such Dark
Fiber Transport at the rates specified in the
Pricing Attachment beginning on the date that
Frontier accepts each Dark Fiber Transport
request.
8.2.5.5.7 Within ten (10) days after Frontier completes a
FCA collocation application, FCA shall submit a
Dark Fiber change request to reposition Dark
Fiber Transport from the temporary location in
that Frontier Central Offce(s) to the permanent
location at FCA's collocation arrangement in
such Frontier Central Offce(s). FCA wil
prepare such request(s) in the manner and form
specified by Frontier.
8.2.5.5.8 If FCA cancels its collocation application, FCA
must also submit a cancellation for the
unbundled Dark Fiber Transport provisioned to
the temporary location in the Frontier Central
Offce(s).
8.2.6 FCA shall order Dark Fiber Transport by sending to Frontier a
separate ASR for each A to Z route.
8.2.7 Where a collocation arrangement can be accomplished in a Frontier
premises, access to Dark Fiber Transport that terminates in a Frontier
premises must be accomplished via a collocation arrangement in that
Frontier premises. In circumstances where a collocation arrangement
cannot be accomplished in a Frontier premises, the Parties agree to
negotiate for possible alternative arrangements.
FCA 10 Camp v3.3a _07142010 113
8.2.8
8.2.9
8.2.10
8.2.11
8.2.12
8.2.13
8.2.14
Except as provided in Section 17 below, Dark Fiber Transport wil be
offered to FCA in the condition that it is available in Frontier's network
at the time that FCA submits its request (Le., "as is"). In addition,
Frontier shall not be required to convert lit fiber to Dark Fiber Transport
for FCA's use.
Spare wavelengths on fiber strands, where Wave Division Multiplexing
(WDM) or Dense Wave Division Multiplexing (DWDM) equipment is
deployed, are not considered to be Dark Fiber Transport, and,
therefore, will not be offered to FCA as Dark Fiber Transport.
Fiber that has been assigned to fulfill a Customer order for
maintenance purposes or for Frontier's lit fiber optic systems will not
be offered to FCA as Dark Fiber Transport.
FCA shall be responsible for providing all transmission, terminating
and lightwave repeater equipment necessary to light and use Dark
Fiber Transport.
FCA may not resell Dark Fiber Transport, purchased pursuant to this
Agreement to third partes.
Except to the extent that Frontier is required by the Federal
Unbundling Rules to provide Dark Fiber Transport to FCA for use for
Special or Switched Exchange Access Services, FCA shall not use
Dark Fiber Transport, for Special or Switched Exchange Access
Services.
In order to preserve the effciency of its network, Frontier may, upon a
showing of need to the Commission, limit FCA to leasing up to a
maximum of twenty-five percent (25%) of the Dark Fiber Transport in
any given segment of Frontier's network. In addition, except as
otherwise required by the Federal Unbundling Rules, Frontier may
take any of the following actions, notwithstanding anything to the
contrary in this Agreement:
8.2.14.1 Revoke Dark Fiber Transport leased to FCA upon a
showing of need to the Commission and twelve (12)
months' advance written notice to FCA; and
8.2.14.2 Frontier reserves and shall not waive, Frontiets right to
claim before the Commission that Frontier should not have
to fulfill a FCA order for Dark Transport because that
request would strand an unreasonable amount of fiber
capacity, disrupt or degrade service to Customers or
carriers other than FCA , or impair Frontier's abilty to meet
a legal obligation.
8.2.15 Except as expressly set forth in this Agreement, FCA may not reserve
Dark Fiber Transport.
8.2.16 FCA shall be solely responsible for: (a) determining whether or not the
transmission characteristics of the Dark Fiber Transport accommodate
the requirements of FCA; (b) obtaining any Rights of Way,
governmental or private property permit, easement or other
authorization or approval required for access to the Dark Fiber
Transport; (c) installation of fiber optic transmission equipment needed
FCA 10 Comp v3.3a _07142010 114
8.2.17
to power the Dark Fiber Transport to transmit permitted traffc; and (d)
except as set forth with respect to the parallel provisioning process
addressed above, FCA 's collocation arrangements with any proper
optical cross connects or other equipment that FCA needs to access
Dark Fiber Transport before it submits an order for such access. FCA
hereby represents and warrants that it shall have all such rights of
way, authorizations and the like applicable to the location at which it
wishes to establish a demarcation point for Dark Fiber Transport, on or
before the date that FCA places an order for the applicable Dark Fiber
Transport, and that it shall maintain the same going forward.
FCA is responsible for trouble isolation before reporting trouble to
Frontier. Frontier wil restore continuity to Dark Fiber Transport that
has been broken. Frontier wil not repair Dark Fiber Transport that is
capable of transmitting light, even if the transmission characteristics of
the Dark Fiber Transport has changed.
8.2.18
8.2.19
(Intentionally Left Blank).
FCA may request the following, which shall be provided on a time and
materials basis (as set fort in the Pricing Attachment):
8.2.19.1 (Intentionally Left Blank).
8.2.19.2 A field survey that shows the availabilty of Dark Fiber
Transport between two or more Frontier Central Offces,
shows whether or not such Dark Fiber Transport is
defective, shows whether or not such Dark Fiber Transport
has been used by Frontier for emergency restoration
activity, and tests the transmission characteristics of
Frontier's Dark Fiber Transport. If a field survey shows that
Dark Fiber Transport is available, FCA may reserve the
Dark Fiber Transport, as applicable, for ten (10) Business
Days from receipt of Frontier's field survey results. If FCA
submits an order for access to such Dark Fiber Transport
after passage of the foregoing ten (10) Business Day
reservation period, Frontier does not guarantee or warrant
the Dark Fiber Transport wil be available when Frontier
receives such order, and FCA assumes all risk that the Dark
Fiber Transport wil not be available. Frontier shall perform
a field survey subject to a negotiated intervaL. If a FCA
submits an order for Dark Fiber Transport without first
obtaining the results of a field survey of such Dark Fiber
Transport, FCA assumes all risk that the Dark Fiber
Transport wil not be compatible with FCA 's equipment,
including, but not limited to, order cancellation charges.
8.3 Transitional Provision of Embedded Dark Fiber Loops.
Notwithstanding any other provision of this Agreement, Frontier is not required to
provide, and FCA may not obtain, unbundled access to any Dark Fiber Loop;
provided, however, that if FCA leased a Dark Fiber Loop from Frontier as of
March 11, 2005, FCA may continue to lease that Dark Fiber Loop at transitional
rates provided for in the TRRO until September 10, 2006, and not beyond that
date. The Parties acknowledge that Frontier, prior to the Effective Date, has
provided FCA with any required notices of discontinuance of Dark Fiber Loops,
and that no further notice is required for Frontier to exercise its rights with respect
FCA 10 Camp v3.3a _07142010 115
to discontinuance of Dark Fiber Loops.
9. Network Intenace Device
9.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by FCA , Frontier shall permit FCA to connect a FCA Loop to the Inside
Wiring of a Customer's premises through the use of a Frontier NID in accordance
with this Section 9 and the rates and charges provided in the Pricing Attachment.
Frontier shall provide FCA with access to NIDs in accordance with, but only to
the extent required by, the Federal Unbundling Rules. FCA may access a
Frontier NID either by means of a connection (but only if the use of such
connection is technically feasible) from an adjoining FCA NID deployed by FCA
or, if an entrance module is available in the Frontier NID, by connecting a FCA
Loop to the Frontier NID. When necessary, Frontier wil rearrange its facilities to
provide access to an existing Customer's Inside Wire. An entrance module is
available only if facilties are not connected to it.
9.2 In no case shall FCA access, remove, disconnect or in any other way rearrange
Frontier's Loop facilties from Frontier's NIDs, enclosures, or protectors.
9.3 In no case shall FCA access, remove, disconnect or in any other way rearrange,
a Customets Inside Wiring from Frontier's NIDs, enclosures, or protectors where
such Customer Inside Wiring is used in the provision of ongoing
Telecommunications Service to that Customer.
9.4 In no case shall FCA remove or disconnect ground wires from Frontier's NIDs,
enclosures, or protectors.
9.5 In no case shall FCA remove or disconnect NID modules, protectors, or terminals
from Frontier's NID enclosures.
9.6 Maintenance and control of premises Inside Wiring is the responsibility of the
Customer. Any conflicts between service providers for access to the Customets
Inside Wiring must be resolved by the person who controls use of the wiring
(e.g., the Customer).
9.7 When FCA is connecting a FCA -provided Loop to the Inside Wiring of a
Customer's premises through the Customets side of the Frontier NID, FCA does
not need to submit a request to Frontier and Frontier shall not charge FCA for
access to the Frontier NID. In such instances, FCA shall comply with the
provisions of Sections 9.2 through 9.7 of this Attachment and shall access the
Customer's Inside Wire in the manner set forth in Section 9.8 of this Attachment.
9.8 Due to the wide variety of NIDs utilized by Frontier (based on Customer size and
environmental considerations), FCA may access the Customets Inside Wiring,
acting as the agent of the Customer by any of the following means:
9.8.1 Where an adequate length of Inside Wiring is present and
environmental conditions permit, FCA may remove the Inside Wiring
from the Customer's side of the Frontier NID and connect that Inside
Wiring to ***CUSTOMER ACRONYM***'s NID.
9.8.2 Where an adequate length of Inside Wiring is not present or
environmental conditions do not permit, FCA may enter the Customer
side of the Frontier NID enclosure for the purpose of removing the
Inside Wiring from the terminals of Frontier's NID and connecting a
connectorized or spliced jumper wire from a suitable "punch out" hole
FCA 10 Camp v3.3a _07142010 116
of such NID enclosure to the Inside Wiring within the space of the
Customer side of the Frontier NID. Such connection shall be
electrically insulated and shall not make any contact with the
connection points or terminals within the Customer side of the Frontier
NID.
9.8.3 FCA may request Frontier to make other rearrangements to the Inside
Wiring terminations or terminal enclosure on a time and materials cost
basis to be charged to the requesting part (Le. FCA , its agent, the
building owner or the Customer). If FCA accesses the Customer's
Inside Wiring as described in this Section 9.8.3, time and materials
charges wil be biled to the requesting party (Le. FCA , its agent, the
building owner or the Customer).
10. (This Section Intentionally Left Blank)
11. Dedicated Transport
11.1 Subject to the conditions set forth in Section 1 of this Attachment, where facilties
are available, at FCA 's request, Frontier shall provide FCA with Dedicated
Transport unbundled from other Network Elements at the rates set forth in the
Pricing Attachment. Frontier shall provide FCA with such Dedicated Transport in
accordance with, but only to the extent required by, the Federal Unbundling
Rules. Except as provided in Section 17 below, Frontier wil not install new
electronics, and Frontier wil not build new facilities. For the avoidance of any
doubt, notwithstanding any other provision of this Agreement, Frontier shall not
be required to provide, and FCA shall not request or obtain, unbundled access to
shared (or common) transport, or any other interoffce transport facilty that does
not meet the definition of Dedicated Transport.
11.2 If and, to the extent that, FCA has purchased (or purchases) transport from
Frontier under a Frontier Tariff or otherwise, and FCA has a right under the
Federal Unbundling Rules to convert (and wishes to convert) such transport to
unbundled Dedicated Transport under this Agreement, it shall give Frontier
written notice of such request (including, without limitation, through submission of
ASRs if Frontier so requests) and provide to Frontier all information (including,
without limitation, a listing ofthe specific circuits in question) that Frontier
reasonably requires to effectuate such conversion. In the case of any such
conversion, FCA shall pay any and all conversion charges (e.g., non-recurring
charges), as well as any and all termination liabilties, minimum service period
charges and like charges in accordance with Frontier's applicable Tariffs. If the
transport to be converted comprises a portion of a High Capacity EEL (as defined
in Section 16.2.1 below), the applicable provisions of Section 16 below shall
apply.
12. (This Section Intentionally Left Blank)
13. Operations Support Systems
Subject to the conditions set forth in Section 1 of this Attachment and in Section. 8 of the
Additional Services Attachment, Frontier shall provide FCA with access via electronic
interfaces to databases required for pre-ordering, ordering, provisioning, maintenance
and repair, and biling. Frontier shall provide FCA with such access in accordance with,
but only to the extent required by, the Federal Unbundling Rules. All such transactions
shall be submitted by FCA through such electronic interfaces.
14. Availabilty of Other Network Elements on an Unbundled Basis
FCA 10 Comp v3.3a _07142010 117
14.1 Any request by FCA for access to a Frontier Network Element that is not already
available and that Frontier is required by the Federal Unbundling Rules to
provide on an unbundled basis shall be treated as a Network Element Bona Fide
Request pursuant to Section 14.3, of this Attachment. FCA shall provide Frontier
access to its Network Elements as mutually agreed by the Parties or as required
by the Federal Unbundling Rules.
14.2 Notwithstanding anything to the contrary in this Section 14, a Party shall not be
required to provide a proprietary Network Element to the other Party under this
Section 14 except as required by the Federal Unbundling Rules.
14.3 Network Element Bona Fide Request (BFR).
14.3.1 Each Part shall promptly consider and analyze access to a new
unbundled Network Element in response to the submission of a
Network Element Bona Fide Request by the other Part hereunder.
The Network Element Bona Fide Request process set forth herein
does not apply to those services requested pursuant to Report &
Order and Notice of Proposed Rulemaking 91-141 (rei' Oct. 19, 1992)
~ 259 and n.603 or subsequent orders.
14.3.2 A Network Element Bona Fide Request shall be submitted in writing
and shall include a technical description of each requested Network
Element.
14.3.3 The requesting Party may cancel a Network Element Bona Fide
Request at any time, but shall pay the other Party's reasonable and
demonstrable costs of processing and/or implementing the Network
Element Bona Fide Request up to the date of cancellation.
14.3.4 Within ten (10) Business Days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
14.3.5 Except under extraordinary circumstances, within thirt (30) days of its
receipt of a Network Element Bona Fide Request, the receiving Part
shall provide to the requesting Part a preliminary analysis of such
Network Element Bona Fide Request. The preliminary analysis shall
confirm that the receiving Part wil offer access to the Network
Element or wil provide a detailed explanation that access to the
Network Element is not technically feasible and/or that the request
does not qualify as a Network Element that is required to be provided
by the Federal Unbundling Rules.
14.3.6 If the receiving Party determines that the Network Element Bona Fide
Request is technically feasible and access to the Network Element is
required to be provided by the Federal Unbundling Rules, it shall
promptly proceed with developing the Network Element Bona Fide
Request upon receipt of written authorization from the requesting
Party. When it receives such authorization, the receiving Part shall
promptly develop the requested services, determine their availabilty,
calculate the applicable prices and establish installation intervals.
Unless the Partes otherwise agree, the Network Element requested
must be priced in accordance with Section 252(d)(1) ofthe Act.
14.3.7 As soon as feasible, but not more than ninety (90) days after its receipt
of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Part shall provide to the requesting Part
FCA 10 Camp v3.3a _07142010 118
14.3.8
a Network Element Bona Fide Request quote which wil include, at a
minimum, a description of each Network Element, the availability, the
applicable rates, and the installation intervals.
Within thirty (30) days of its receipt of the Network Element Bona Fide
Request quote, the requesting Part must either confirm its order for
the Network Element Bona Fide Request pursuant to the Network
Element Bona Fide Request quote or seek arbitration by the
Commission pursuant to Section 252 of the Act.
If a Part to a Network Element Bona Fide Request believes that the
other Party is not requesting, negotiating or processing the Network
Element Bona Fide Request in good faith, or disputes a determination,
or price or cost quote, or is failng to act in accordance with Section
251 of the Act, such Part may seek mediation or arbitration by the
Commission pursuant to Section 252 of the Act.
15. Maintenance of Network Elements
14.3.9
If (a) FCA reports to Frontier a Customer trouble, (b) FCA requests a dispatch, (c)
Frontier dispatches a technician, and (d) such trouble was not caused by Frontier's
facilities or equipment in whole or in part, then FCA shall pay Frontier a charge set forth
in the Pricing Attachment for time associated with said dispatch. In addition, this charge
also applies when the Customer contact as designated by FCA is not available at the
appointed time. FCA accepts responsibility for initial trouble isolation and providing
Frontier with appropriate dispatch information based on its test results. If, as the result of
FCA instructions, Frontier is erroneously requested to dispatch to a site on Frontier
company premises ("dispatch in"), a charge set forth in the Pricing Attachment will be
assessed per occurrence to FCA by Frontier. If as the result of FCA instructions, Frontier
is erroneously requested to dispatch to a site outside of Frontier company premises
("dispatch out"), a charge set fort in the Pricing Attachment wil be assessed per
occurrence to FCA by Frontier. Frontier agrees to respond to FCA trouble reports on a
non-discriminatory basis consistent with the manner in which it provides service to its
own retail Customers or to any other similarly situated Telecommunications Carrier.
16. Combinations, Commingling, and Conversions
16.1 Subject to and without limiting the conditions set forth in Section 1 of this
Attachment:
16.1.1 Frontier will not prohibit the commingling of a Qualifying UNE with
Qualifying Wholesale Services, but only to the extent and so long as
commingling and provision of such Network Element (or combination
of Network Elements) is required by the Federal Unbundling Rules.
Moreover, to the extent and so long as required by the Federal
Unbundling Rules, Frontier shall, upon request of FCA, perform the
functions necessary to commingle Qualifying UNEs with Qualifying
Wholesale Services. The rates, terms and conditions of the applicable
access Tariff or separate non-251 agreement wil apply to the
Qualifying Wholesale Services, and the rates, terms and conditions of
the Agreement or the Frontier UNE Tariff, as applicable, wil apply to
the Qualifying UNEs; provided, however, that a nonrecurring charge
wil apply for each UNE circuit that is part of a commingled
arrangement, as set forth in the Pricing Attachment. In addition, if any
commingling requested by FCA requires Frontier to perform physical
work that Frontier is required to perform under the Federal Unbundling
Rules, then Frontier's standard charges for such work shall apply or, in
FCA 10 Camp v3.3a _07142010 119
16.1.2
the absence of a standard charge, a fee calculated using Frontier's
standard time and materials rates shall apply until such time as a
standard charge is established pursuant to the terms set forth in the
Pricing Attachment.
Ratcheting, i.e., a pricing mechanism that involves biling a single
circuit at multiple rates to develop a single, blended rate, shall not be
required. UNEs that are commingled with Wholesale Services are not
included in the shared use provisions of the applicable Tariff, and are
therefore not eligible for adjustment of charges under such provisions.
Frontier may exclude its performance in connection with the
provisioning of commingled facilties and services from standard
provisioning intervals and from performance measures and remedies,
if any, contained in the Agreement or elsewhere.
Limitation on Section 16.1. Section 16.1 is intended only to address
the Parties' rights and obligations as to combining and/or commingling
of UNEs that Frontier is already required to provide to FCA under the
Agreement and the Federal Unbundling Rules. Nothing contained in
Section 16.1 shall be deemed to limit any right of Frontier under the
Agreement to cease providing a facility that is or becomes a
Discontinued Facilty.
16.2 Service Eligibility Criteria for Certain Combinations and Commingled Facilities
and Services. Subject to the conditions set forth in Sections 1 and 16.1 of this
Attachment:
16.1.3
16.2.1 Frontier shall not be obligated to provide:
16.2.1.1 an unbundled DS1 Loop in combination with unbundled
DS1 or DS3 Dedicated Transport, or commingled with DS1
or DS3 access services;
16.2.1.2 an unbundled DS3 Loop in combination with unbundled
DS3 Dedicated Transport, or commingled with DS3 access
services;
16.2.1.3 unbundled DS1 Dedicated Transport commingled with DS1
channel termination access service;
16.2.1.4 unbundled DS3 Dedicated Transport commingled with DS1
channel termination access service; or
16.2.1.5 unbundled DS3 Dedicated Transport commingled with DS3
channel termination service,
(individually and collectively "High Capacity EELs") except to the extent
Frontier is required by the Federal Unbundling Rules to do so, and then
not unless and unti FCA , using an ASR, certifies to Frontier that each
combined or commingled DS1 circuit or DS1 equivalent circuit of a High
Capacity EEL satisfies each of the service eligibility criteria on a circuit-
by-circuit basis as set forth in 47 C.F.R § 51.318. FCA must remain in
compliance with said service eligibilty criteria for so long as FCA
continues to receive the aforementioned combined or commingled
facilities and/or services from Frontier and FCA shall immediately notify
Frontier at such time as a certification ceases to be accurate. The
service eligibilty criteria shall be applied to each combined or
FCA 10 Camp v3.3a _07142010 120
commingled DS1 circuit or DS1 equivalent circuit of a High Capacity
EEL. If any combined or commingled DS1 circuit or DS1 equivalent
circuit of a High Capacity EEL is, becomes, or is subsequently
determined to be, noncompliant, the noncompliant High Capacity EEL
circuit wil be treated as described in Section 16.2.2 below. The
foregoing shall apply whether the High Capacity EEL circuits in question
are being provisioned to establish a new circuit or to convert an existing
wholesale service, or any part thereof, to unbundled network elements.
For existing High Capacity EEL circuits, ***CUSTOMER ACRONYM***,
within thirt (30) days of the Effective Date to the extent it has not
already done so prior to the Effective Date of this Agreement, must re-
certify, using an ASR, that each DS1 circuit or DS1 equivalent circuit
satisfies the service eligibilty criteria on a circuit-by-circuit basis as set
forth in 47 C.F.R. § 51.318. Any existing High Capacity EEL circuits that
FCA leased from Frontier as of the Effective Date of this Agreement that
FCA fails to re-certify as required by this Section by the end of such 30-
day period shall be treated as a non-compliant circuit as described under
Section 16.2.2 below effective as of the Effective Date of this Agreement.
16.2.2 Without limiting any other right Frontier may have to cease providing
circuits that are or become Discontinued Facilities, if a High Capacity
EEL circuit is or becomes noncompliant as described in this Section
16.2 and FCA has not submitted an LSR or ASR, as appropriate, to
Frontier requesting disconnection of the noncompliant facilty and has
not separately secured from Frontier an alternative arrangement to
replace the noncompliant High Capacity EEL circuit, then Frontier, to
the extent it has not already done so prior to execution of this
Agreement, shall reprice the subject High Capacity EEL circuit (or
portion thereof that had been previously biled at UNE rates), effective
beginning on the date on which the circuit became non-compliant by
application of a new rate (or, in Frontier's sole discretion, by
application of a surcharge to an existing rate) to be equivalent to an
analogous access service or other analogous arrangement that
Frontier shall identify in a written notice to FCA .
16.2.3 Each certification to be provided by FCA pursuant to Section 16.2.1
above must contain the following information for each DS1 circuit or
DS1 equivalent: (a) the local number assigned to each DS1 circuit or
DS1 equivalent; (b) the local numbers assigned to each DS3 circuit
(must have 28 local numbers assigned to it); (c) the date each circuit
was established in the 911/E-911 database; (d) the collocation
termination connecting facilty assignment for each circuit, showing
that the collocation arrangement was established pursuant to 47
U.S.C. § 251 (c)(6), and not under a federal collocation tariff; (e) the
interconnection trunk circuit identification number that serves each
DS 1 circuit. There must be one such identification number per every
24 DS1 circuits; and (f) the local switch that serves each DS1 circuit.
When submitting an ASR for a circuit, this information must be
contained in the Remarks section of the ASR, unless provisions are
made to populate other fields on the ASR to capture this information.
16.2.4 The charges for conversions are as specified in the Pricing Attachment
and apply for each circuit converted.
16.2.5 All ASR-driven conversion requests wil result in a change in circuit
identification (circuit ID) from access to UNE or UNE to access. If
FCA 10 Camp v3.3a _07142010 121
such change in circuit ID requires that the affected circuit(s) be
retagged, then a retag fee per circuit will apply as specified in the
Pricing Attachment.
16.2.6 All requests for conversions wil be handled in accordance with
Frontier's conversion guidelines. Each request will be handled as a
project and wil be excluded from all ordering and provisioning metrics.
16.3 Once per calendar year, Frontier may obtain and pay for an independent auditor
to audit FCA 's compliance in all material respects with the service eligibility
criteria applicable to High Capacity EELs. Any such audit shall be performed in
accordance with the standards established by the American Institute for Certified
Public Accountants, and may include, at Frontier's discretion, the examination of
a sample selected in accordance with the independent auditots judgment. To
the extent the independent auditor's report concludes that FCA failed to comply
with the service eligibilty criteria, then (without limiting Frontier's rights under
Section 16.2.2 above) FCA must convert all noncompliant circuits to the
appropriate service, true up any difference in payments, make the correct
payments on a going-forward basis, and reimburse Frontier for the cost of the
independent auditor within thirt (30) days after receiving a statement of such
costs from Frontier. Should the independent auditor confirm FCA 's compliance
with the service eligibilty criteria, then FCA shall provide to the independent
auditor for its verification a statement of FCA 's out-of-pocket costs of complying
with any requests of the independent auditor, and Frontier shall, within thirt (30)
days of the date on which FCA submits such costs to the auditor, reimburse FCA
for its out-of-pocket costs verified by the auditor. FCA shall maintain records
adequate to support its compliance with the service eligibilty criteria for each
DS1 or DS1 equivalent circuit for at least eighteen (18) months after the service
arrangement in question is terminated.
17. Routine Network Modifications
17.1 General Conditions. In accordance with, but only to the extent required by, the
Federal Unbundling Rules, and subject to the conditions set forth in Section 1 of
this Attachment:
17.1.1 Frontier shall make such routine network modifications, at the rates
and charges set forth in the Pricing Attachment, as are necessary to
permit access by FCA to the Loop, Dedicated Transport, or Dark Fiber
Transport facilties available under the Agreement (including DS1
Loops and DS1 Dedicated Transport, and DS3 Loops and DS3
Dedicated Transport), where the facilty has already been constructed.
Routine network modifications applicable to Loops or Transport are
those modifications that Frontier regularly undertakes for its own
Customers and may include, but are not limited to: rearranging or
splicing of in-place cable at existing splice points; adding an
equipment case; adding a doubler or repeater; installng a repeater
shelf; deploying a new multiplexer or reconfiguring an existing
multiplexer; accessing manholes; and deploying bucket trucks to reach
aerial cable. Routine network modifications applicable to Dark Fiber
Transport are those modifications that Frontier regularly undertakes for
its own Customers and may include, but are not limited to, splicing of
in-place dark fiber at existing splice points; accessing manholes;
deploying bucket trucks to reach aerial cable; and routine activities, if
any, needed to enable FCA to light a Dark Fiber Transport facilty that
it has obtained from Frontier under the Agreement. Frontier shall not
be obligated to provide optronics for the purpose of lighting Dark Fiber
FCA 10 Camp v3.3a _07142010 122
Transport. Routine network modifications do not include the
construction of a new Loop or new Transport facilities, trenching, the
pullng of cable, the installation of new aerial, buried, or underground
cable for a requesting telecommunications carrier, the placement of
new cable, securing permits or rights-of-way, or constructing and/or
placing new manholes or conduits. Frontier shall not be required to
build any time division multiplexing (TDM) capabilty into new packet-
based networks or into existing packet-based networks that do not
already have TDM capabilty. Frontier shall not be required to perform
any routine network modifications to any facility that is or becomes a
Discontinued Facilty.
17.2 Performance Plans. Frontier may exclude its performance in connection with the
provisioning of Loops or Transport (including Dark Fiber Transport) for which
routine network modifications are performed from standard provisioning intervals
and performance measures and remedies, if any, contained in the Agreement or
elsewhere.
17.3 Nothing contained in this Section 17 shall be deemed: (a) to establish any
obligation of Frontier to provide on an unbundled basis under the Federal
Unbundling Rules any facility that this Agreement does not otherwise require
Frontier to provide on an unbundled basis under the Federal Unbundling Rules,
(b) to obligate Frontier to provide on an unbundled basis under the Federal
Unbundling Rules, for any period of time not required under the Federal
Unbundling Rules, access to any Discontinued Facility, or (c) to limit any right of
Frontier under the Agreement, any Frontier Tariff or SGAT, or otherwise, to
cease providing a Discontinued Facilty.
18. Rates and Charges
The rates and charges for UNEs, Combinations, Commingling, routine network
modifications, and other services, facilties and arrangements, offered under this
Attachment shall be as provided in this Attachment and the Pricing Attachment.
19. Good Faith Penormance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with FCA reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Part may utilze the Agreement's dispute resolution
procedures.
FCA 10 Camp v3.3a _07142010 123
COLLOCATION ATTACHMENT
1. Frontier's Provision of Collocation
Frontier shall provide to FCA , in accordance with this Agreement, Frontier's applicable
federal and state Tariffs and the requirements of Applicable Law, Collocation for the
purpose of facilitating FCA 's interconnection with Frontier under 47 U.S.C. § 251 (c)(2) or
access to Unbundled Network Elements of Frontier; provided, that notwithstanding any
other provision of this Agreement or a Tariff, Frontier shall be obligated to provide
Collocation to FCA only to the extent required by Applicable Law and may decline to
provide Collocation to FCA to the extent that provision of Collocation is not required by
Applicable Law. Notwithstanding any other provision of this Agreement or a Tariff,
nothing in this Agreement or a Tariff shall be deemed to require Frontier to provide (and,
for the avoidance of any doubt, Frontier may decline to provide and/or cease providing)
Collocation that, if provided by Frontier, would be used by FCA to obtain unbundled
access to any network element: (a) that Frontier is not required to unbundle under 47
U.S.C. § 251 (c)(3) or (b) that Frontier is not required to unbundle under 47 C.F.R Part
51.
Because the Commission rejected Frontier's Collocation Tariff Advice No. 00-05 in Order
No. 28490 on August 29, 2000, Frontier shall provide Collocation according to the
following terms and conditions in the State of Idaho on an interim basis only until such
time as the Commission's decision is reversed and Frontier's Collocation Tariff Advice
No. 00-05 is permitted to go into effect or unti such time as Frontier fies another
Collocation Tariff in Idaho. At such time as the Commission's decision is reversed and
Frontier's Collocation Tariff Advice No. 00-05 is permitted to go into effect or at such time
as there is a Frontier Collocation Tariff on file with the Commission, and subject to the
foregoing, the following terms and conditions wil be rendered ineffectual, and Frontier
shall provide Collocation to FCA in accordance with the terms and conditions set forth in
Frontier's Collocation Tariff, and Frontier shall do so regardless of whether or not such
terms and conditions are effective.
Section 1 of this Collocation Attachment ("Attachment"), in conjunction with the rest of
this Agreement, set forth the terms and conditions under which Frontier shall provide
Collocation services to FCA. Collocation provides for access to Frontier's "premises", for
the purpose of interconnection and/or access to Unbundled Network Elements (UNEs).
For the purposes ofthis Attachment, "premises" is defined to include Frontier's central
offces, serving Wire Centers, and all other buildings or similar structures owned, leased,
or otherwise controlled by Frontier that house Frontier's network facilities. Collocation at
Frontier's Wire Centers and access tandems shall be accomplished through caged,
cageless, virtual or microwave service offerings, as described below, except if not
practical for technical reasons or due to space limitations. In such event, Frontier shall
provide adjacent Collocation or other methods of Collocation, subject to space availabilty
and technical feasibility. In accordance with, but only to the extent required by Applicable
Law, Frontier shall also offer rates, terms and conditions for Collocation services that are
not expressly addressed in this Attachment or Frontier Tariffs on an individuai case basis.
1.1 Types of Collocation.
1.1.1 Single Caged. A single caged arrangement is a form of caged
Collocation, which allows a single CLEC to lease caged floor space to
house its equipment within Frontier premises.
FCA 10 Camp v3.3a _07142010 124
1.1.2 Shared Caged. A shared caged arrangement is a newly constructed
caged Collocation arrangement that is jointly applied for and occupied
by two or more CLECs within a Frontier premise. When two or more
CLECs request establishment and jointly apply for a new caged
Collocation arrangement to be used as a shared caged arrangement,
one of the participating CLECs must agree to be the host CLEC (HC)
and the other(s) to be the guest CLEC (GC). The HC and GC(s) are
solely responsible for determining whether to share a shared caged
Collocation arrangement and if so, upon what terms and conditions.
The HC and GC(s) must each be interconnected to Frontier for the
exchange of traffc with Frontier and/or to access unbundled network
elements. Frontier will not issue separate billng for any of the rate
elements associated with the shared caged Collocation arrangement
between the HC and the GC(s), but Frontier wil provide the HC with
information on the proportionate share of the NRCs for each CLEC in
the shared arrangement. The HC wil be responsible for ordering and
payment of all Collocation applicable services ordered by the HC and
GC(s). The HC and GC wil be responsible for ordering their own
unbundled network elements from Frontier. Frontier will separately bil
the HC and/or GC(s) for unbundled network elements ordered. The
HC and GC(s) are Frontier's customers and have all the rights and
obligations applicable hereunder to CLECs purchasing Collocation-
related services, including, without limitation, the obligation to pay all
applicable charges, whether or not the HC is reimbursed for all or any
portion of such charges by the guest(s). All terms and conditions for
caged Collocation as described in this Attachment wil apply to shared
caged Collocation requirements.
1.1.3 Subleased Caged. Vacant space available in a CLEC's caged
Collocation arrangement may be made available to a third part(s) for
the purpose of interconnection and/or for access to UNEs in Frontier
premises via the subleasing Collocation arrangement. The CLEC
subleases the floor space to the third part(s) pursuant to terms and
conditions agreed to by the CLEC and the third part(s) involved. The
CLEC and third part(s) must each be interconnected to Frontier for
the exchange of traffc with Frontier and/or to access unbundled
network elements. The CLEC is solely responsible for determining
whether to sublease a shared caged Collocation arrangement and if
so, upon what terms and conditions. Frontier wil not issue separate
biling for any of the rate elements associated with the subleased
caged Collocation arrangement between the CLEC and the third
part(s). The CLEC wil be responsible for ordering and payment of all
Collocation applicable services ordered by the CLEC and the third
party(s). Each CLEC and third part wil be responsible for ordering
their own unbundled network elements from Frontier. Frontier wil
separately bil the CLEC and third part/parties for unbundled network
elements ordered. The CLEC and third party(s) are Frontier's
customers and have all the rights and obligations applicable hereunder
to CLECs purchasing Collocation-related services, including, without
limitation, the obligation to pay all applicable charges, whether or not
the CLEC is reimbursed for all or any portion of such charges by the
third party(s). All terms and conditions for caged Collocation as
described in this Attachment wil apply to subleased caged Collocation
requirements.
FCA 10 Camp v3.3a _07142010 125
1.1.4 Cageless. Cageless Collocation is a form of Collocation in which
CLECs can place their equipment in Frontier premises. A cageless
Collocation arrangement allows a CLEC, using Frontier approved
vendors, to install equipment in single bay increments in an area
designated by Frontier. The equipment location wil be designated by
Frontier and will vary based on individual Frontier premise
configurations. CLEC equipment wil not share the same equipment
bays with Frontier equipment.
1.1.5 Adjacent. An adjacent Collocation arrangement permits a CLEC to
construct or procure a structure on Frontier propert for Collocation for
the purposes of interconnection and/or access to UNEs in accordance
with the terms and conditions of this Agreement. Adjacent Collocation
is only an option when the following conditions are met: (1) space is
legitimately exhausted in Frontier's premise for caged and cageless
Collocation; and (2) it is technically feasible to construct or procure a
hut or similar structure on Frontier property that adheres to local
building code, zoning requirements, and Frontier building standards.
FCA is responsible for complying with all zoning requirements, any
federal, state or local regulations, ordinances and laws, and obtaining
all associated permits. Frontier may, where required, participate in the
zoning approval and permit acquisitions. FCA may not take any action
in establishing an adjacent structure that wil force Frontier to violate
any zoning requirements or any federal, state, or local regulations,
ordinances, or laws.
Any construction by FCA on Frontier propert must comply with
Frontier's technical specifications as they relate to environmental safety
and grounding requirements. Frontier wil make available power and
physical Collocation services to FCA in the same non-discriminatory
manner as it provides itself for its own remote equipment buildings
(REBs).
1.1.6 VirtuaL. Under virtual Collocation, Frontier installs and maintains FCA
provided equipment which is dedicated to the exclusive use of the
FCA in a Collocation arrangement. Additional details on virtual
Collocation are set forth in Section 1.9.
1.1.7 Microwave. Physical Collocation of microwave transmission facilities
wil be permitted on a first-come, first-served basis except where such
Collocation is not practical for technical reasons or because of space
limitations. Microwave Collocation provides for the interconnection of
FCA or Frontier provided facilities, equipment and support structures
located in, on or above the exterior walls and roof of Frontier premises.
Additional details on microwave Collocation are set forth in Section
1.10.
1.2 Ordering.
1.2.1 Application.
1.2.1.1 Point of Contact. FCA must request Collocation
arrangements through Frontier's designated point of
contact. Completed applications for Collocation must be
sent directly to Frontier's Collocation Project Manager at the
following address: Collocation Project Manager, Frontier,
***COLLOCATION ADDRESS/FAXEMAIL INFORMATION
FCA 10 Camp v3.3a _07142010 126
HERE***. Additional information and requirements
regarding Collocation may be obtained from Frontier's
public website ww.frontier.com.
1.2.1.2 Application Form/Fee. FCA requesting Collocation at a
Frontier premise wil be required to complete the application
form and submit the non-refundable engineering fee set
forth in the Pricing Attachment, described in Section 1.5.1,
for each Frontier premise at which Collocation is requested.
The application form will require FCA to provide all
engineering, floor space (where applicable), power,
environmental and other requirements necessary for the
function of the service. FCA wil provide Frontier with
specifications for any non-standard or special requirements
at the time of application. Frontier reserves the right to
assess the customer any additional charges on an
individual case basis ("ICB") associated with complying with
the requirements. Any such charges shall be noticed to
FCA.
Frontier wil process Collocation requests from CLECs on a
first-come, first-serve basis pursuant to Frontier's receipt of
a completed application form and the non-refundable
engineering fee.
1.2.2 Space Availabilty. Subject to forecasting requirements, Frontier wil
inform FCA whether space is available to accommodate FCA 's
request within eight (8) Business Days after receipt of a completed
application. Frontier's response will be one ofthe following:
1.2.2.1 There is space and Frontier wil proceed with the
arrangement.
1.2.2.2 There is no space. Frontier wil proceed as described in
Section 1.4.1.
1.2.2.3 There is no readily available space, however, Frontier wil
determine whether space can be made available and wil
notify FCA within twenty (20) Business Days. At the end of
this period, Frontier wil proceed as described in 1.2.2.1 or
1.2.2.2 above.
1.2.3 Collocation Schedule. If space is available, Frontier wil provide to
FCA a Collocation schedule describing Frontier's abilty to meet the
physical Collocation request within eight (8) Business Days after
receipt of a completed application. FCA shall have nine (9) Business
Days from receipt of a Frontier provided Collocation schedule to pay
50% of the NRCs associated with the ordered Collocation services.
If the application is deficient, Frontier wil specify in writing, within eight
(8) Business Days, the information that must be provided by FCA in
order to complete the application. If FCA resubmits a revised
application curing any deficiencies in its original application within ten
(10) calendar days after being informed of them, FCA shall retain its
position within the Collocation application queue.
1.2.4 (Intentionally Left Blank).
FCA 10 Camp v3.3a _07142010 127
1.2.5 Augmentation. Any request for an addition, partial reduction, or a
change to an existing Collocation arrangement that has been
inspected and turned over to FCA shall be considered an
augmentation request. An augmentation request wil require the
submission of a complete application form and a non-refundable
engineering or minor augment fee. A minor augment fee may not be
required under the circumstances outlned below. The definition of a
major or minor augment is as follows:
1.2.5.1 Major augments of Collocation arrangements are those
requests that: (a) require AC or DC power; (b) add
equipment that generates more BTU's of heat, or (c)
increase the floor space over what FCA requested in its
original application. A complete application and engineering
fee wil be required when submitting a request that requires
a major augment.
1.2.5.2 Minor augments of Collocation arrangements wil require
the submission of a complete application form and the
minor augment fee. Minor augments are those requests
that: (a) do not require additional DC and AC power, (b) do
not add equipment that generates more BTU's of heat, (c)
do not increase floor space, and (d) do not add transmission
cables, over what FCA requested in its original application.
The requirements of a minor augment request cannot
exceed the capacity of the existing/proposed electrical,
power or HVAC system. Requests for additional DSO, DS1,
and DS3 facilty terminations to access Frontier's unbundled
network elements are included as minor augments,
providing no additional transmission cables are required.
Minor augments that require an augment fee are those
requests that require Frontier to perform a service or
function on behalf of FCA including but not limited to:
installation of virtual equipment cards or softare upgrades,
removal of virtual equipment, requests to pull cable from
exterior microwave facilties, and requests to terminate DSO,
DS1 and DS3 cables.
Minor augments that do not require a fee are those
augments performed solely by FCA , that do not require
Frontier to provide a service or function on behalf of FCA ,
including but not limited to, requests to install additional
equipment in FCA Collocation space. Prior to the
installation of the additional equipment. FCA agrees to
provide Frontier an application form with an updated
equipment listing that includes the new equipment to be
installed in FCA's Collocation arrangement. Once the
equipment list is submitted to Frontier, FCA may proceed
with the augment. FCA agrees that changes in equipment
provided by FCA under this provision will not exceed the
engineering specifications for power and HVAC as
requested on original application. Ali augments wil be
subject to Frontier inspection, in accordance with term of
this contract for the purpose of ensuring compliance with
Frontier safety standards.
FCA 10 Camp v3.3a _07142010 128
1.2.6 Expansion. Frontier wil not be required to construct additional space
to provide for FCA Collocation when available space has been
exhausted. Where FCA seeks to expand its existing Collocation
space, Frontier shall make contiguous space available to the extent
possible; provided, however, Frontier does not guarantee contiguous
space to FCA to expand its existing Collocation space. FCA requests
for expansion of existing space within a specific Frontier premise wil
require the submission of an application form and the appropriate
major augment fee.
1.2.7 Relocation. FCA requests for relocation of the termination equipment
from one location to a different location within the same Frontier
premise wil be handled on an ICB basis. FCA wil be responsible for
all costs associated with the relocation of its equipment.
1.3 Installation and Operation.
1.3.1 Joint Planning and Implementation Levels for Physical Collocation.
Frontier and FCA shall work cooperatively in meeting the standard
implementation milestones and deliverables as determined during the
joint planning process. The physical (caged and cageless) Collocation
arrangement implementation interval is seventy-six (76) Business
Days for all standard arrangement requests which were properly
forecast six (6) months prior to the application date, subject to the
conditions set forth for forecasting and capacity. Major construction
obstacles or special FCA requirements may extend the interval by
fifteen (15) Business Days, resulting in a ninety-one (91 )-Business
Day intervaL.
1.3.1.1 The interval for Collocation augments which were properly
forecast six months prior to the application date, subject to
Section 1.3.1.4 as well as the conditions for forecasting and
capacity, is fort-five (45) Business Days where the
necessary infrastructure is installed and available for use.
Such augments are limited to the following:
1.3.1.1.1 800 2 wire voice grade terminations, or
1.3.1.1.2 400 4 wire voice grade terminations, or
1.3.1.1.3 600 line sharinglline splitting facilties, where line
sharing/splitting already exists within the central
offce and where FCA is eligible for line
sharing/lne splitting, or
1.3.1.1.4 28 DS1 terminations, or
1.3.1.1.5 24 DS3 terminations, or
1.3.1.1.6 12 fiber terminations, or
1.3.1.1.7 Conversion of 2 wire voice grade to 4 wire
(minimum 100 - maximum 800), or
1.3.1.1.8 2 feeds (1 A and 1 B) DC power fused at 60 amps
or less, or
FCA 10 Camp v3.3a _07142010 129
1.3.1.1.9 DC Power as defined in 8 preceding, plus any
one (1) additional item as defined in 1 through 7
preceding; or 2 of the following: a) 28 DS1
terminations; b) 3 DS3 terminations; or c) 12
fiber terminations. FCA must have 100% of all
cables terminated to the existing cross connects
for the one additional item selected and the in-
service capacity of that selection must be at
85% utilization or above unless FCA can
demonstrate to Frontier that: a) the previous
two months trend in growth would exceed 100%
of the available capacity by the end of the fort-
five (45) Business Day augment interval; or b)
other good cause or causes that FCA cross
connect capacity may be exceeded by the end
of the fort-five (45) Business Day augment
intervaL.
1.3.1.2 For 2 wire to 4 wire voice grade conversions, all pairs must
be spare and in consecutive 100 pair counts.
1.3.1.3 The following standard implementation milestones wil
apply, in Business Days, unless Frontier and FCAjointly
decide otherwise:
1.3.1.3.1 Day 1-FCA submits completed application and
associated fee.
1.3.1.3.2 Day 8-Frontier notifies FCA that request can
be accommodated and advises of due date.
1.3.1.3.3 Day 17-FCA notifies Frontier of its intent to
proceed and submits 50% payment.
1.3.1.3.4 Day 30-Material ships and is received at
vendor warehouse; FCA provided splitters
delivered to vendor warehouse (Line Sharing
Option C only, and applicable only where FCA is
eligible for line sharing/line splittng).
1.3.1.3.5 Day 45-Augment (as defined herein)
completes.
1.3.1.3.6 Day 76-Frontier and FCA attend Collocation
acceptance meeting and Frontier turns over the
Collocation arrangement to FCA. Day 76 also
applies to completion of other augments not
defined herein.
1.3.1.4 The fort-five (45) Business Day interval is subject to the
following requirements:
1.3.1.4.1 Infrastructure to support the requested augment
must be in place (e.g., cable racking from
common area to distributing frames, relay racks
for splitter shelves, frame capacity for
termination blocks, cable holes, fuse positions at
FCA 10 Camp v3.3a _07142010 130
existing Battery Distribution Fuse Boards
(BDFBs).
1.3.1.4.2 The FCA must install suffcient equipment to
support requested terminations/facilties.
1.3.1.4.3 In large central offces with complex cable runs
(Le., multiple floors), the Frontier may request tonegotiate extensions to the fort-five (45)
Business Day intervaL.
1.3.1.5 A preliminary schedule wil be developed outlining major
milestones. FCA and Frontier control various interim
milestones they must complete in order to meet the overall
intervals. The interval clock wil stop, and the final due date
wil be adjusted accordingly, for each milestone FCA misses
(day for day). When Frontier becomes aware of the
possibility of vendor delays, Frontier wil first contact FCA to
attempt to negotiate a new interval. If Frontier and FCA
cannot agree, the dispute wil be submitted to the
Commission for prompt resolution. Frontier and FCA shall
conduct additional joint planning meetings, as reasonably
required, to ensure that all known issues are discussed and
to address any that may impact the implementation
process. Frontier wil permit FCA to schedule one escorted
visit to FCA 's Collocation space during construction. The
applicable labor rates in the Pricing Attachment wil be
applied for the escorted visit. In the case of extended
intervals resulting from within Frontiets control or resultng from
vendor delays, and provided the necessary secrity is in place,
Frontier will permit FCA access to the Collocation arrangement
to install equipment while the delayed work is completed, so
long as it is safe to do so and FCA 's work does not impair or
interfre with Frontier in completing Frontier's work. Pnor to
FCA beginning the installation of its equipment, FCA must sign
a conditional acceptance of the Collocation arrngement. If
FCA elects to accpt the space prior to the scheduled
completion, occpancy fees shall commence upon signing a
conditional acceptance of the space by FCA.
1.3.1.6 Intervals for non-standard arrangements, including adjacent
Collocation, shall be mutually agreed upon by FCA and
Frontier.
1.3.1.7 Frontier will inform the Commission as soon as it knows it
wil require raw space conversion to fulfill a request based
on an application or forecast. Raw space conversion
timeframes are negotiated on an individual case basis .
based on negotiations with the site preparation vendor(s).
Frontier will use its best efforts to minimize the additional
time required to condition Collocation space, and wil inform
FCA of the time estimates as soon as possible.
1.3.2 Forecasting and Use of Data.
1.3.2.1 Frontier will request forecasts from FCA on a semi-annual
basis, with each forecast covering a two-year period. FCA
FCA 10 Camp v3.3a _07142010 131
wil be required to update the near-term (6-month)
forecasted application dates. Information requested wil
include central offce, month applications are expected to be
sent, requested in-service month, preference for virtual or
physical (caged or cageless) Collocation, square footage
required (physical), high-level list of equipment to be
installed (virtual), and anticipated splitter arrangements
where FCA is eligible for line sharingllne splitting. For
augments, FCA may elect to substitute alternative CLLI
codes within a LATA for the forecasted demand.
If Frontier has a wrtten guarantee of reimbursment, it wil
examine forecasts for offæs in which it is necessary to
condition space, and discuss these forecasts with FCA to
determine the required space to be conditioned. If Frontier
commits to condition space based on forecsts and if FCA is
assigned space, FCA will give Frontier a non-refundable
deposit equal to the applicaon fee. Frontier will perform initial
reviews of requested central offces forecasted for the next six
months to identify potential problem sites. Frontier will consider
forecasts in staffng decisions. Frontier will enter into planning
discussions with FCA to validate forecasts, discuss flexibilty in
potential trouble areas, and assist in application preparation.
1.3.2.2 Unforecasted demand (including augments) wil be given a
lesser priority than forecasted demand. Frontier wil make
every attempt to meet standard intervals for unforecasted
requests. However, if unanticipated requests push demand
beyond Frontier's capacity limits, Frontier wil negotiate
longer intervals as required (and within reason). In general,
ifforecasts are received less than two (2) months prior to
the application date, the interval start day may be
postponed as follows:
1.3.2.2.1 No forecast: Interval Start Date commences two
(2) months after application receipt date.
1.3.2.2.2 Forecast received one (1) month or less prior to
application receipt date: Interval Start Date
commences two (2) months after application
receipt date.
1.3.2.2.3 Forecast received greater than one (1) month
and less than two (2) months prior to application
receipt date: Interval Start Date commences
one (1) month after application receipt date.
1.3.2.2.4 Forecast received two (2) months or more prior
to application receipt date: Interval Start Date
commences on the application receipt date.
Any such interval adjustments wil be discussed with FCA at
the time the application is received.
1.3.3 Collocation Capacity.
FCA 10 Camp v3.3a _07142010 132
1.3.3.1 Frontier's estimate of its present capacity (Le., no more than
an increase of 15% over the average number of
applications received for the preceding three months in a
particular geographic area) is based on current staffng and
current vendor arrangements. If the forecasts indicate
spikes in demand, Frontier wil attempt to smooth the
demand via negotiations with the forecasting CLECs. If
Frontier and FCA fail to agree to smooth demand, Frontier
wil determine if additional expenditures would be required
to satisfy the spikes in demand and wil work with the
Commission Staff to determine whether such additional
expenditure is warranted and to evaluate cost recovery
options.
1.3.3.2 If Frontier augments its workforce based on FCA forecasts
and if FCA refuses to smooth demand as described in
Section 1.3.3.1, FCA wil be held accountable for the
accuracy of their forecasts.
1.3.4 Vendor Capacity. Frontier wil continuously seek to improve vendor
performance for all premises work, including Collocation. Since the
vendors require notice in order to meet increases in demand, Frontier
wil share FCA actual and forecasted demand with appropriate
vendors, as required, subject to the appropriate confidentiality
safeguards.
1.3.5 Responsibility for Vendor Delays. No part shall be excused from their
obligations due to the acts or omissions of a Party's subcontractors,
material, person, suppliers or other third persons providing such
products or services to such Part unless such acts or omissions are
the product of a Force Majeure Event, or unless such delay or failure
and the consequences thereof are beyond the reasonable control and
without the fault or negligence of the Party claiming excusable delay or
failure to perform.
1.3.6 Space Preparation.
1.3.6.1 Cage Construction. For caged Collocation, FCA may
construct the cage with a standard enclosure if they are a
Frontier approved contractor or FCA may subcontract this
work to a Frontier approved contractor.
1.3.6.2 Site Selection/Power. Frontier shall designate the space
within its premise where FCA shall collocate its equipment.
Frontier wil assign Collocation space to FCA in a just,
reasonable, and nondiscriminatory manner. Frontier wil
allow FCA requesting caged or cageless Collocation to
submit space preferences on the Application Form prior to
assigning caged and cageless Collocation space to FCA .
Frontier wil assign caged and cageless space in
accordance with the following standards: (1) FCA 's
Collocation costs cannot be materially increased by the
assignment; (2) FCA 's occupation and use of Frontier's
premises cannot be materially delayed by the assignment;
(3) The assignment cannot impair the quality of service or
impose other limitations on the service FCA wishes to offer;
and (4) The assignment cannot reduce unreasonably the
FCA 10 Camp v3.3a _07142010 133
total space available for caged and cageless Collocation, or
preclude unreasonably, caged and cageless Collocation
within Frontier's premises.
Frontier may assign caged and cageless Collocation to
space separate from space housing Frontier's equipment,
provided that each of the following conditions is met: (1)
Either legitimate security concems, or operational
constraints unrelated to Frontier's or any of its affliates' or
subsidiaries competitive concerns, warrant such separation;
(2) Any caged and cageless Collocation space assigned to
an affliate or subsidiary of Frontier is separated from space
housing Frontier's equipment; (3) The separated space wil
be available in the same time frame as, or a shorter time
frame than, non-separated space; (4) The cost ofthe
separated space to FCA will not be materially higher than
the cost of non-separated space; and (5) The separated
space is comparable, from a technical and engineering
standpoint, to non-separated space.
Where applicable, Frontier shall provide, at the rates set
forth in the Pricing Attachment described in Section 1.5.1,
48V DC power with generator and/or battery back-up, heat,
air conditioning and other environmental support to FCA 's
equipment in the same standards and parameters required
for Frontier equipment within that Frontier premise. FCA
may install AC convenience outlets and overhead lighting if
FCA is a Frontier approved contractor, or this work may be
subcontracted to a Frontier approved contractor.
1.3.6.3 DC Power. Frontier wil provide DC power to the
Collocation ~mangement as specified by FCA in its
Collocation application. The FCA wil specify the load on
each feed and the size of the fuse to be placed on each
feed. FCA must order a minimum of ten (10) load amps for
each caged, cageless, and virtual Collocation arrangement.
FCA may order additional DC Power (beyond the minimum)
in one (1) amp increments. Charges for DC power wil be
applied based on the total number of load amps ordered on
each feed.
For example, if FCA orders a total of 40 load amps of DC
power and an A and B feed, FCA could order 20 load amps
on the A feed and 20 load amps on the B feed. Frontier wil
permit FCA to order a fuse size up to 2.5 times the load
amps ordered provided that applicable law permits this
practice. Thus, FCA could order that each feed be fused at
50 amps if FCA wants one feed to carr the entire load in
the event the other feed fails. Accordingly, FCA wil be
charged on the basis of the total number of load amps
ordered, Le., 40 amps, and not based on the total number of
amps available for the fuse size ordered.
1.3.6.4 FCA is responsible for engineering the power consumption
in its Collocation arrangements and therefore must consider
any special circumstances in determining the fused capacity
of each feed. Frontier wil engineer the power feeds to the
FCA 10 Camp v3.3a _07142010 134
Collocation arrangement in accordance with industry
standards based upon requirements ordered by FCA in its
Collocation application. Any subsequent orders to increase
DC power load at a Collocation arrangement must be
submitted on a Collocation application.
1.3.6.5 Frontier reserves the right to perform random inspections to
verify the actual power load being drawn by a Collocation
arrangement. At any time, without written notice, Frontier
may measure the DC power drawn at an arrangement by
monitoring Frontier's power distribution point. In those
instances where Frontier needs access to the Collocation
arrangement to make these measurements, Frontier wil
schedule a joint meeting with FCA .
1.3.6.6 If the inspection reveals that the power being drawn does
not exceed the total number of load amps ordered, no
further action wil apply.
1.3.6.7 If the inspection reveals that the power being drawn
exceeds the total number of load amps ordered but is within
the applicable buffer zone, as defined in Section 1.3.6.7.2,
that arrangement is subject to the following treatment:
1.3.6.7.1 Frontier wil provide FCA with written notification,
by certified US mail to the person designated by
FCA to receive such notice, that more power is
being drawn than was ordered. Within ten (10)
Business Days of the date of receipt of
notification, FCA must reduce the power being
drawn to match its ordered load or revise its
power requirement to accommodate the
additional power being drawn. Frontier wil
accept a certification signed by a representative
of FCA that power consumption has been
reduced to match the ordered load. Failure to
reduce the power being drawn or submit a
revised application within ten (10) Business
Days wil result in an increase in the amount of
power being biled to the audited load amount.
1.3.6.7.2 For a Collocation arrangement that has 100
amps or less fused, the buffer zone for the first
two violations during a consecutive twelve (12)
month period wil be 120% of load, as long as
the second violation is not for the same
Collocation arrangement as the first. For any
subsequent violations, or if the second violation
is for the same Collocation arrangement, and for
any violation where the Collocation arrangement
has more than 100 amps fused, the buffer zone
wil be 110% of load.
1.3.6.8 If the first inspection reveals that the power being drawn is
greater than the applicable buffer zone specified in
1.3.6.7.2, that arrangement is subject to the following
treatment:
FCA 10 Camp v3.3a _07142010 135
1.3.6.8.1 Frontier will notify the person designated by FCA
to receive such notice via telephone or e-mail
that Frontier wil take a second measurement no
sooner than one (1) hour and no later than two
(2) days after the initial inspection. Frontier wil
not wait for FCA or require it to be present
during the second inspection.
1.3.6.8.2 Additional Labor charges, as set forth in the
Pricing Attachment, apply for the cost
associated with performing this inspection.
1.3.6.8.3 FCA may perform its own inspection at FCA's
cage. FCA is not required to wait for Frontier or
require it to be present during FCA test. Upon
request of FCA, Frontier wil send a
representative to accompany FCA to conduct a
joint inspection at FCA cage at no charge to
FCA. Nothing herein shall be construed to
prohibit FCA from testing at its own cage. FCA
wil send the results of its own audit
measurements to Frontier if they are taken in
response to a notice of violation under this
section and if FCA's measurements differ from
Frontier's.
1.3.6.8.4 If the second test also exceeds the applicable
buffer zone, Frontier wil provide FCA with
written notification, within ten (10) Business
Days, by certified U.S. mail to the person
designated by FCA to receive such notice that it
has exceeded its ordered power. The
notification wil include: (1) initials or identifying
number of Frontier technician(s) who performed
the inspection; (2) dates and times of the
inspections; (3) the make, model and type of test
equipment used; (4) the length of monitoring and
the results of the specific audit; (5) the total load
amps currently being biled; (6) how the test was
done; and (7) any other relevant information or
documents.
1.3.6.8.5 Frontier will maintain a file of results taken of
any inspections for two (2) years and such file
wil be made available to FCA that was audited,
upon request. Frontier wil treat as confidential
information the identity of CLECs that it audits
as well as the results of such audits, unless it
receives prior written consent of the affected
CLEC to disclose such information or is required
by Applicable Law to disclose such information
to a court or commission. The foregoing does
not preclude Frontier from making the notice
described in Section 1.3.6.8.6.
1.3.6.8.6 If FCA disagrees with the results of the audit,
FCA wil first notify Frontier. Frontier and FCA
FCA 10 Camp v3.3a _07142010 136
wil make a good faith effort to resolve the issue.
If the parties do not resolve the issue, either
party can invoke dispute resolution processes
set forth in this Agreement. The dispute
resolution process set forth in this Agreement
can be initiated by either part after thirt (30)
calendar days have elapsed. This period
commences: (1) ten (10) Business Days from
receipt of the notification, in the case of violation
within the buffer zone; or (2) after FCA has
received notice of the second test, in the case of
a violation over the buffer zone.
1.3.6.8.7 With the notification required by Section
1.3.6.8.4, Frontier wil also notify FCA that it
must submit a non-scheduled attestation of the
power being drawn at each of its remaining
Collocation arrangements in the state. FCA
must submit this non-scheduled attestation
within fifteen (15) Business Days ofthe date of
this notification. Failure to submit this non-
scheduled attestation wil result in the
application of additional labor charges for any
subsequent DC power inspections Frontier
performs prior to receipt of the next scheduled
attestation. Scheduled attestations are defined
in Section 1.3.6.11.
1.3.6.9 If the inspection reveals that the power being drawn is
greater than the applicable buffer zone set forth in Section
1.3.6.7.2, then FCA shall pay Frontier for additional power,
as well as make separate and additional payments to a
charitable organization agreed upon by the parties
("Charity") in accordance with the following:
1.3.6.9.1 For the first such violation within the same
consecutive twelve (12) month period, FCA wil
be biled the audited load amount for four (4)
months. FCA wil make a separate and
additional payment to the Charity, measured as
the difference between the biling of the fused
capacity and the biling at the audited load for
four (4) months. FCA must send notice of its
Charity payment to Frontier within ten (10)
calendar days of making the payment.
1.3.6.9.2 For the second such violation within the same
consecutive twelve (12) month period, FCA wil
be biled the audited load amount for five (5)
months. FCA wil make a separate and
additional payment to the Charity, measured as
the difference between the billng of the fused
capacity and the biling at the audited load for
five (5) months. FCA must send notice of its
Charity payment to Frontier within ten (10)
calendar days of making the payment.
FCA 10 Camp v3.3a _07142010 137
1.3.6.9.3 For the third such violation within the same
consecutive twelve (12) month period, FCA wil
be biled the audited load amount for six (6)
months. FCA wil make a separate and
additional payment to the Charity, measured as
the difference between the billng of the fused
capacity and the biling at the audited load for six
(6) months. FCA must send notice of its Charity
payment to Frontier within ten (10) calendar
days of making the payment.
1.3.6.9.4 For more than three (3) violations within the
same consecutive twelve (12) month period,
Frontier wil bil FCA at the fused amount for a
minimum of six (6) months and continue to bil at
the fused amount until an updated attestation or
augment specifying revised power is received.
1.3.6.9.5 Frontier wil notify FCA that it is being biled
pursuant to this Section 1.3.6.9, designating the
applicable number of months and also
calculating the payment owed to the Charity,
under the provisions set forth preceding.
1.3.6.9.6 At the conclusion of any dispute resolution
proceeding, the above payments wil be self-
executing.
1.3.6.10 If FCA has requested a power augment under which the
audited amount would be within the augmented load, plus
the applicable buffer zone set forth in Section 1.3.6.7.2, and
the augment is late due to the fault of Frontier, the
payments specified in Section 1.3.6.9 wil not be imposed
and the parties will not count such an instance for purposes
of implementing Section 1.3.6.9.5.
1.3.6.11 Annually, FCA must submit a written statement signed by a
responsible offcer of FCA , which attests that it is not
exceeding the total load of power as ordered in its
Collocation applications. This attestation, which must be
received by Frontier no later than the last day of June, shall
individually list all of FCA's completed Collocation
arrangements provided by Frontier in the state. If FCA fails
to submit this written statement by the last day in June,
Frontier wil notify FCA in writing that it has thirty (30)
calendar days to submit its power attestation. Failure to
submit the required statement within the thirty (30) calendar
day notice period wil resultin the billng of DC power at
each Collocation arrangement to be increased to the total
number of amps fused until such time as Frontier receives
the required written statement by FCA.
1.3.6.12 Whenever Frontier is required to perform work on a
Collocation arrangement as a result of FCA's order for a
reduction in power requirements (e.g., change in fuse size),
Frontier wil assess a non-recurring charge for the additional
labor. The non-recurring charge applies for the first half
FCA 10 Camp v3.3a _07142010 138
hour (or fraction thereof) and for each additional half hour
(or fraction thereof) per technician, per occurrence as
shown in the Pricing Attachment.
1.3.6.13 If FCA orders a change in the power configuration requiring
new -48 volt DC power feeds to the Collocation
arrangement, Frontier wil require an engineering/major
augment Fee with an application, as set forth in the Pricing
Attachment, subject to the terms and conditions described
in Section 1.2.5. In addition, if FCA's order for a reduction
in DC power triggers the deployment of power cabling to a
different power distribution point, the engineering/major
augment fee as set forth in the Pricing Attachment applies.
Frontier wil work cooperatively with FCA to configure the
new power distribution cables and disconnect the old ones.
1.3.7 Equipment and Facilities.
1.3.7.1 Purchase of Eauioment. FCA wil be responsible for supply,
purchase, delivery, installation and maintenance of its
equipment and equipment bay(s) in the Collocation area.
Frontier is not responsible for the design, engineering, or
performance of FCA's equipment and provided facilities for
Collocation. Upon installation of all transmission and power
cables for Collocation services, FCA relinquishes all rights,
title and ownership oftransmission (excluding fiber entrance
facilty cable) and power cables to Frontier.
1.3.7.2 Permissible Equipment. Frontier shall permitthe
Collocation and use of any equipment necessary for
interconnection or access to unbundled network elements in
accordance with the following standards: (1) Equipment is
necessary for interconnection if an inability to deploy that
equipment would, as a practical, economic, or operational
matter, preclude FCA from obtaining interconnection with
Frontier at a level equal in quality to that which Frontier
obtains within its own network or Frontier provides to any of
its affliates, subsidiaries, or other partes; and (2)
Equipment is necessary for access to an unbundled
network element if an inabilty to deploy that equipment
would, as a practical, economic, or operational matter,
preclude FCA from obtaining nondiscriminatory access to
that unbundled network element, including any of its
features, functions, or capabilties.
FCA 10 Camp v3.3a _07142010
Multi-functional equipment shall be deemed necessary for
interconnection or access to an unbundled network element
if and only if the primary purpose and function of the
equipment, as FCA seeks to deploy it, meets either or both
of the standards set forth in the preceding paragraph. For a
piece of equipment to be utilized primarily to obtain equal in
quality interconnection or nondiscriminatory access to one
or more unbundled network elements, there also must be a
logical nexus between the additional functions the
equipment would perform and the telecommunication
services FCA seeks to provide to its customers by means of
the interconnection or unbundled network element. The
139
FCA 10 Camp v3.3a _07142010
Collocation of those functions of the equipment that, as
stand-alone functions, do not meet either of the standards
set forth in the preceding paragraph must not cause the
equipment to significantly increase the burden on Frontier's
property.
Whenever Frontier objects to Collocation of equipment by
FCA for purposes within the scope of Section 251 (c)(6) of
the Act, Frontier shall prove to the state commission that the
equipment is not necessary for interconnection or access to
unbundled network elements under the standards set forth
above.
FCA may place in its caged Collocation space ancilary
equipment such as cross connect frames, and metal
storage cabinets. Metal storage cabinets must meet
Frontier premise environmental standards.
1.3.7.3 Specifications. Collocation facilties shall be placed,
maintained, relocated or removed in accordance with the
applicable requirements and specifications of the current
editions of the National Electrical Code (NEG), the National
Electrical Safety Code (NESC) and rules and regulations of
the Occupational Safety and Health Act (OSHA), the
Federal Communications Commission, the Commission,
and any other governing authority having jurisdiction. All
FCA entrance facilties and splices must comply with
Telecordia Technologies' Generic Specification for Optical
Fiber and Optical Fiber Cable (TR-TSY-00020), Cable
Placing Handbook, Cable Splicing Handbook, Cable
Maintenance Handbook, and General Information Tools and
Safety, as they relate to fire, safety, health, environmental
safeguards or interference with Frontier services or
facilities. FCA designated and installed equipment located
within Frontier premises must comply with the most recent
issue, unless otherwise specified, of Telecordia
Technologies' Network Equipment Building System (NEBS)
Generic Equipment Requirements (GR-CORE-63) as it
pertains to safety requirements. This equipment must also
comply with the most current issue, unless otherwise
specified, of Frontier's Network Equipment Installation
Standards (Frontier Information Publication IP 72201) and
Frontier's Central Offce Engineering Standards (Frontier
Information Publication IP 72013). Where a difference in
specification may exist, the more stringent shall apply. If
there is a conflict between industry standards and Frontier's
technical specifications, FCA and Frontier wil make a good
faith effort to resolve the difference. FCA designated
facilities shall not physically, electronically or inductively
interfere with the facilties of Frontier, other CLEC(s),
tenant(s) or any other party. If such interference occurs,
Frontier may take action as permitted under Section 1.8.
FCA equipment must conform to the same specific
risk/safety/hazard standards which Frontier imposes on its
own central offce equipment as defined in Frontier's NEBS
140
requirements RNSA-NEB-95-0003, Revision 10 or higher.
FCA equipment is not required to meet the same
performance and reliabilty standards as Frontier imposes
on its own equipment as defined in Frontier's RNSA-NEB-
95-0003, Revision 10 or higher. In addition, FCA may install
equipment that has been deployed by Frontier for five (5),
years or more with a proven safety record; however, this
provision does not prohibit the installation of equipment less
than five years old, provided the equipment meets the
NEBS safety guidelines referenced in this section prior to
the time of deployment. Frontier reserves the right to
specify the type of cable, equipment and construction
standards required in situations not otherwise covered in
this Agreement. In such cases, Frontier wil, at its
discretion, furnish to FCA written material which wil specify
and explain the required construction.
1.3.7.4 Cable. FCA is required to provide proper cabling, based on
circuit type (VF, DSO, xDSL, DS1, DS3, etc.) to ensure
adequate shielding and reduce the possibilty of
interference. FCA is responsible for providing fire retardant
riser cable that meets Frontier standards. Frontier is
responsible for placing FCA's fire retardant riser cable from
the cable vault to the Collocation space. Frontier is
responsible for installng FCA provided fiber optic cable in
the cable space or conduit from the first manhole to the
premises. This may be shared conduit with dedicated inner
duct. If FCA provides its own fiber optic facilty, then FCA
shall be responsible for bringing its fiber optic cable to the
Frontier premise manhole. FCA must leave suffcient cable
length for Frontier to be able to fully extend such cable
through to FCA 's Collocation space.
1.3.7.5 Manhole/Splicing Restrictions. Frontier reserves the right to
prohibit all equipment and facilties, other than fiber optic
cable, in its manholes. FCA wil not be permitted to splice
fiber optic cable in the first manhole outside of the Frontier
premise. Where FCA is providing underground fiber optic
cable in Manhole #1, it must be of suffcient length as
specified by Frontier to be pulled through the Frontier
premise to FCA 's Collocation space. Frontier is
responsible for installng a cable splice, if necessary, where
FCA provided fiber optic cable meets Frontier standards
within the Frontier premise cable vault or designated
splicing chamber. Frontier wil provide space and racking
for the placement of an approved secured fire retardant
splice enclosure.
1.3.7.6 Access Points and Restrictions. Points of interconnection
and demarcation between FCA's facilities and Frontier's
facilties wil be designated by Frontier. This point(s) wil be
a direct connection(s) to FCA's network. Frontier shall have
the right to require FCA to terminate Collocation facilties
onto a Point of Termination (POT) Bay. FCA must tag all
entrance facilties to indicate ownership. FCA will not be
allowed access to Frontier's DSX line-ups, MDF or any
FCA 10 Camp v3.3a _07142010 141
other Frontier facility termination points. Only Frontier
employees, agents or contractors wil be allowed access to
the MDF, DSX, or fiber distribution panel to terminate
facilties, test connectivity, run jumpers and/or hot patch in-
service circuits.
1.3.7.7 Staging Area. For caged and cageless Collocation
arrangements, FCA shall have the right to use a designated
staging area, a porton of the Frontier premise and loading
areas, if available, on a temporary basis during FCA's
equipment installation work in the Collocation space. FCA
is responsible for protecting Frontier's equipment Frontier
premise walls and flooring within the staging area and along
the staging route. FCA wil meet all Frontier fire, safety,
security and environmental requirements. The temporary
staging area wil be vacated and delivered to Frontier in an
acceptable condition upon completion of the installation
work. FCA may also utilze a staging trailer, which can be
located on the exterior premises of Frontier premise.
Frontier may assess FCA a market value lease rate for the
area occupied by the trailer.
1.3.7.8 Testing. Upon installation of FCA's equipment, and with
prior notice, Frontier and FCA wil mutually agree to
schedule a meeting prior to the turn-up phase of the
equipment to ensure proper functionality between FCA 's
equipment and the connections to Frontier equipment. The
time period for this to occur wil correspond to Frontier's
maintenance window installation requirements. It is solely
the responsibility of FCA to provide their own monitor and
test points, if required, for connection directly to its terminal
equipment. If FCA cannot attend the scheduled turn-up
phase meeting for any reason, FCA must provide Frontier
with seventy-two (72) hours advanced written notice prior to
the scheduled meeting. If FCA fails to attend the scheduled
meeting without the advanced written notification, Frontier
reserves the right to charge FCA additional labor rates set
forth in the Pricing Attachment for subsequent turn-up
meetings with FCA which are required to complete the turn-
up phase of the Collocation arrangement.
1.3.7.9 Interconnection Between Collocated Spaces. Dedicated
Transit Service (DTS), which allows for interconnection
between FCA and another CLEC, provides a dedicated
electrcal or optical path between Collocation arrangements
(caged, cageless, and virtual) of the same or of two different
CLECs within the same Frontier premises, using Frontier
provided distribution facilties. DTS is available for DSO,
DS1, DS3, and dark fiber cross connects. In addition,
Frontier will also provide other technically feasible cross-
connection arrangements, including lit fiber, on an Individual
Case Basis (ICB) as requested by FCA and agreed to by
Frontier. Frontier wil offer DTS to FCA as long as such
access is technically feasible.
FCA 10 Camp v3.3a _07142010 142
DTS is only available when both Collocation arrangements
(either caged, cageless, and/or virtual) being interconnected are
within the same Frontier premises, provided that the collocated
equipment is used for interconnection with Frontier and/or for
access to the Frontiets unbundled netwrk elements. Frontier
shall provide such DTS connections from FCA 's Collocation
arrangement to another Collocation arrangement of FCA within
the same Frontier premises, or to a Colloction arrangement of
another CLEC in the same Frontier premises. DTS is provided
at the same transmission level from FCA to another CLEC.
The DTS arrangement requires FCA to provide cable
assignment information for itself as well as for the other CLEC.
Frontier will not make cable assignments for DTS. FCA is
responsible for all DTS ordering, bil payment, disconnect
orders and maintenance transactions and is the customer of
record. When initiating a DTS request, FCA must submit an
Access Service Request (ASR) and a letter of agency from the
CLEC it is connectng to that authorizes the DTS connecon
and facilit assignment. DTS is provided on a negotiated
interval with FCA .
1.3.7.10 Optical Facility Terminations. If FCA requests access to
unbundled dark fiber interoffce facilties, FCA may apply for
a fiber optic patch cord connection(s) between Frontier's
fiber distribution panel (FDP) and FCA's collocated
transmission equipment and facilties. The fiber optic
patchcord cross connect is limited in use solely in
conjunction with access to unbundled dark fiber and
Dedicated Transit Service.
1.3.7.11 Non-Compliant Installations and Operations. If at any time
Frontier reasonably determines that either FCA 's
Collocation equipment or it's engineering and installation do
not meet the requirements outlined in this Attachment, FCA
wil be responsible for the costs associated with the removal
of equipment or modification of the equipment or
engineering and installation to render it compliant. If FCA
fails to correct any non-compliance with these standards
within thirt (30) days' written notice to FCA , Frontier may
have the equipment removed or the condition corrected at
FCA expense. If, during the installation phase, Frontier
reasonably determines that any FCA designated equipment
is unsafe, non-standard or in violation of any applicable fire,
environmental, security, or other laws or regulations,
Frontier has the right to immediately stop the work until the
problem is corrected to Frontier's satisfaction. However,
when any of the above conditions poses an immediate
threat to the safety of Frontier employees, interferes with
the performance of Frontier's service obligations, or poses
an immediate threat to the physical integrity of the overhead
superstructure or any other facilties of Frontier, Frontier
may perform such work and/or take such action that
Frontier deems necessary without prior notice to FCA. The
reasonable cost of said work and/or actions shall be borne
by FCA. Frontier reserves the right to remove products,
FCA 10 Camp v3.3a _07142010 143
facilties and equipment from its list of approved products
upon ninety (90) days' notice to FCA if such products,
facilties and equipment are determined to be no longer
compliant with NEBS safety standards. If FCA equipment
poses an immediate safety threat, FCA shall remove the
equipment immediately.
1.3.8 Access to Collocation Space. Frontier wil permit FCA 's employees,
agents, and contractors approved by Frontier to have direct access to
FCA 's caged and cageless Collocation equipment twenty-four (24)
hours a day, seven (7) days a week and reasonable access to
Frontier's restroom and parking facilities. FCA's employees, agents,
or contractors must comply with the policies and practices of Frontier
pertaining to fire, safety, and security. Frontier reserves the right, with
twenty-four (24) hours prior notice to FCA, to access FCA's collocated
partitioned space to perform periodic inspections to ensure compliance
with Frontier installation, safety and security practices. Where FCA
shares a common entrance to the Frontier premise with Frontier, the
reasonable use of shared building facilties, e.g., elevators,
unrestricted corridors, etc., wil be permitted. However, Frontier
reserves the right to permanently remove and/or deny access from
Frontier premises, any FCA employee, agent, or contractor who
violates Frontier's policies, work rules, or business conduct standards,
or otherwise poses a security risk to Frontier.
1.3.9 Network Outage. Damage and Reporting. FCA shall be responsible
for: (a) any damage or network outage occurrng as a result of FCA
owned or FCA designated termination equipment in Frontier premise;
(b) providing trouble report status when requested; (c) providing a
contact number that is readily accessible twenty-four (24) hours a day,
seven (7) days a week; (d) notifying Frontier of significant outages
which could impact or degrade Frontier's switches and services and
provide estimated clearing time for restoral; and (e) testing its
equipment to identify and clear a trouble report when the trouble has
been sectionalized (isolated) to FCA service.
Frontier wil make every effort to contact FCA in the event FCA
equipment disrupts the network. If Frontier is unable to make contact
with FCA , Frontier shall temporarily disconnect FCA 's service, as
provided in Section 1.3.11.
1.3.10 Security Requirements.
1.3.10.1 Security Measures. FCA agrees that its
employees/vendors with access to Frontier premise shall at
all times adhere to the rules of conduct established by
Frontier for the Frontier premises and Frontiets personnel
and vendors. Frontier reserves the right to make changes
to such procedures and rules to preserve the integrity and
operation of Frontier's network or facilties or to comply with
applicable laws and regulations. Frontier wil provide FCA
with written notice of such changes. Where applicable,
Frontier wil provide information to FCA on the specific type
of security training required so FCA 's employees can
complete such training.
FCA 10 Camp v3.3a _07142010 144
FCA wil maintain with Frontier a list of all FCA employees
who are currently authorized by FCA to access its caged
and cageless Collocation space and wil include social
security numbers of all such individuals. FCA wil also
maintain with Frontier a list of its collocated-approved
vendors and their social security numbers who request
access to caged and cageless Collocation space. Only
those individuals approved by Frontier wil be allowed
access to Frontier premises and caged and cageless
Collocation space. Where required by agencies of federal,
state, or local government, only individuals that are U.S.
citizens wil be granted access. All FCA personnel must
obtain and prominently display a valid non-employee
Frontier identification card. Former employees of Frontier
wil be given access to Frontier premises by FCA in
accordance with the Frontier's normal security procedures
applicable to any Vendor(s) or Contractor(s) on Frontier's
premises. Frontier reserves the right to revoke any
identification badge and/or access card of any FCA
employee or agent found in violations of the terms and
conditions set forth herein.
FCA must follow Frontier's security guidelines, which are
published on Frontier's web site. Frontier may suspend a
FCA employee or agent from Frontier's premises if his/her
actions materially affect the safety and/or integrity of
Frontier's network or the safety of Frontier or other FCA
employees/agents. Unless FCA employee or agent poses
an immediate threat to Frontier or other CLECs, Frontier will
provide FCA with a written explanation of violations
committed by the FCA employee or agent four (4) Business
Days prior to suspending FCA employee or agent from
Frontier premises. FCA wil have two (2) Business Days to
respond to Frontier's notification. Any such employee or
agent may later be allowed readmission to Frontier
premises on mutually agreeable terms. Nothing in this
section, however, restricts Frontier's authority to bar the
FCA employee or agent from Frontier premises for violating
Frontier's security guidelines.
1.3.10.2 Security Standards. Frontier wil be solely responsible for
determining the appropriate level of security in each Frontier
premise. Frontier reserves the right to deny access to
Frontier buildings and/or outside facilty structures for any
FCA employee, agent or contractor who cannot meet
Frontier's established security standards. Employees,
agents or contractors of FCA are required to meet the same
security requirements and adhere to the same work rules
that Frontier's employees and contractors are required to
follow. Frontier also reserves the right to deny access to
Frontier buildings and/or outside facility structures for FCA
's employee, agent and contractor for falsification of
records, violation of fire, safety or security practices and
policies or other just cause. FCA employees, agents or
contractors who meet Frontier's established security
standards wil be provided access to FCA 's caged and
FCA 10 Camp v3.3a _07142010 145
cageless Collocation equipment 24 hours a day, seven days
a week and reasonable access to Frontier's restroom
facilities. If FCA employees, agents or contractors request
and are granted access to other areas of Frontier's
premises, a Frontier employee, agent or contractor may
accompany and observe FCA employee(s), agent(s) or
contractor(s) at no cost to FCA. Frontier may use
reasonable security measures to protect its equipment,
including, for example, enclosing its equipment in its own
cage or other separation, utilzing monitored card reader
systems, digital security cameras, badges with
computerized tracking systems, identification swipe cards,
keyed access and/or logs, as deemed appropriate by
Frontier.
Frontier may require FCA employees and contractors to use
a central or separate entrance to Frontier's premises,
provided, however, that where Frontier requires that FCA
employees or contractors access collocated equipment only
through a separate entrance, employees and contractors of
Frontier's affliates and subsidiaries will be subject to the
same restriction.
Frontier may construct or require the construction of a
separate entrance to access caged and cageless
Collocation space, provided that each of the following
conditions is met: (i) Construction of a separate entrance is
technically feasible; (ii) Either legitimate security concerns,
or operational constraints unrelated to the incumbent's or
any of its affliates' or subsidiaries competitive concerns,
warrant such separation; (ii) Construction of a separate
entrance will not artficially delay Collocation provisioning;
and (iv) Construction of a separate entrance wil not
materially increase FCA 's Collocation costs.
1.3.10.3 Access Cards/ldentification. Access cards or keys wil be
provided to no more than a reasonable number of
individuals for FCA for each Frontier premise for the
purpose of installation, maintenance and repair of FCA's
caged and cageless Collocation equipment. All FCA
employees, agents and contractors requesting access to
the Frontier premise are required to have a photo
identification card, which identifies the person by name and
the name of FCA. The ID must be worn on the individual's
exterior clothing while on or at Frontier premises. Frontier
wil provide FCA with instructions and necessary access
cards or keys to obtain access to Frontier premises. FCA is
required to immediately notify Frontier by the most
expeditious means, when any FCA's employee, agent or
contractor with access privileges to Frontier premises is no
longer in its employ, or when keys, access cards or other
means of obtaining access to Frontier premises are lost,
stolen or not returned by an employee, agent or contractor
no longer in its employ. FCA is responsible for the
immediate retrieval and return to Frontier of all keys, access
cards or other means of obtaining access to Frontier
FCA 10 Camp v3.3a _07142010 146
1.3.11
premises upon termination of employment of FCA's
employee and/or termination of service. FCA shall be
responsible for the replacement cost of keys, access cards
or other means of obtaining access when lost, stolen or
failure of FCA or FCA's employee, agent or contractor to
return to Frontier.
Emergency Access. FCA is responsible for providing a contact
number that is readily accessible 24 hours a day, 7 days a week. FCA
wil provide access to its Collocation space at all times to allow
Frontier to react to emergencies, to maintain the building operating
systems (where applicable and necessary) and to ensure compliance
with OSHA/Frontier regulations and standards related to fire, safety,
health and environment safeguards. Frontier wil attempt to notify FCA
in advance of any such emergency access. If advance notification is
not possible Frontier wil provide notification of any such entry to FCA
as soon as possible following the entry, indicating the reasons. for the
entry and any actions taken which might impact FCA 's facilties or
equipment and its abilty to provide service. Frontier wil restrict
access to FCA's Collocation space to persons necessary to handle
such an emergency. The emergency provisioning and restoration of
interconnection service shall be in accordance with Part 64, Subpart
D, Paragraph 64.401, of the FCC's Rules and Regulations, which
specifies the priority for such activities. Frontier reserves the right,
without prior notice, to access FCA's Collocation space in an
emergency, such as fire or other unsafe conditions, or for purposes of
averting any threat of harm imposed by FCA or FCA 's equipment
upon the operation of Frontier's or another CLEC's equipment,
facilties and/or employees located outside FCA 's Collocation space.
Frontier wil notify FCA as soon as possible when such an event has
occurred. In case of a Frontier work stoppage, FCA's employees,
contractors or agents wil comply with the emergency operation
procedures established by Frontier. Such emergency procedures
should not directly affect FCA's access to its premises, or abilty to
provide service. FCA wil notify Frontier point of contact of any work
stoppages by FCA employees.
1.4 Space Requirements.
1.4.1 Space Availabiltv. If Frontier is unable to accommodate caged and
cageless Collocation requests at a Frontier premise due to space
limitations or other technical reasons, Frontier wil post a list of all such
sites on its website and wil update the list within ten (10) calendar
days of the date at which a Frontier premise runs out of caged and
cageless Collocation space. This information wil be listed at the
following public Internet URL: ww.frontier.com. Where Frontier has
denied caged and cageless Collocation requests at a Frontier premise
due to space limitations or other technical reasons, Frontier shall: (a)
submit to the state commission, subject to any protective order as the
state may deem necessary, detailed floor plans or diagrams of the
Frontier premise which show what space, if any, Frontier or any of its
affliates has reserved for future use; and describe in detail, the
specific future uses for which the space has been reserved and the
length oftime for each reservation; and (b) allow FCA to tour the entire
premises of the Frontier premise, without charge, within ten (10)
calendar days of the tour request.
FCA 10 Comp v3.3a _07142010 147
1.4.2 Minimum/Maximum/Additional Space. The standard sizes of caged
Collocation space wil be increments of 100 square feet unless
mutually agreed to otherwise by Frontier and FCA. The minimum
amount of floor space available to FCA at the time of the initial
application wil be twenty-five (25) square feet of caged Collocation
space or one (1) single bay in the case of cage less Collocation. The
maximum amount of space available in a specific Frontier premise to
FCA wil be limited to the amount of existing suitable space which is
technically feasible to support the Collocation arrangement requested.
Existing suitable space is defined as available space in a Frontier
premise that does not require the addition of AC/DC power, heat and
air conditioning, battery and/or generator back-up power and other
requirements necessary for provisioning Collocation services.
Additional space to provide for caged, cageless and/or adjacent
Collocation wil be provided on a per request basis, where available.
Additional space can be requested by FCA by completing and
submitting a new application form and the applicable non-refundable
engineering fee set forth in the Pricing Attachment. Frontier wil not be
required to lease additional space when available space has been
exhausted.
1.4.3 Use of Space. Frontier and FCA wil work cooperatively to determine
proper space requirements, and effcient use of space. In addition to
other applicable requirements set forth in this Agreement, FCA shall
install all its equipment within its designated area in contiguous line-
ups in order to optimize the utilzation of space within Frontier's
premises. FCA shall use the Collocation space solely for the purposes
of installng, maintaining and operating FCA's equipment to
interconnect for the exchange of traffc with Frontier and/or for
purposes of accessing UNEs. FCA shall not construct improvements
or make alterations or repairs to the Collocation space without the
prior written approval of Frontier. The Collocation space may not be
used for administrative purposes and may not be used as FCA's
employee(s) work location, offce or retail space, or storage. The
Collocation space shall not be used as FCA's mailing or shipping
address.
1.4.4 Reservation of Space. Frontier reserves the right to manage its
Frontier premise conduit requirements and to reserve vacant space for
planned facilty. Frontier wil retain and reserve a limited amount of
vacant floor space within its Frontier premises for its own specific
future uses on terms no more favorable than applicable to other
CLECs seeking to reserve Collocation space for their own future use.
If the remaining vacant floor space within a Frontier premise is
reserved for Frontier's own specific future use, the Frontier premise
wil be exempt from future caged and cageless Collocation requests.
FCA shall not be permitted to reserve Frontier premise cable space or
conduit system. If new conduit is required, Frontier wil negotiate with
FCA to determine an alternative arrangement for the specific location.
FCA wil be allowed to reserve Collocation space for its
caged/cageless arrangements based on FCA s documented forecast
provided Frontier and subject to space availabilty. Such forecast must
demonstrate a legitimate need to reserve the space for use on terms
no more favorable than applicable to Frontier seeking to reserve
vacant space for its own specific use. Cageless Collocation bays may
not be used solely for the purpose of storing FCA equipment.
FCA 10 Camp v3.3a _07142010 148
1.4.5 Collocation Space Report. Upon request by FCA and upon FCA
signing a Collocation nondisclosure agreement, Frontier will make
available a Collocation space report with the following information for
the Frontier premise requested:
1.4.5.1 Detailed description and amount of caged and cageless
Collocation space available;
1.4.5.2 Number of telecommunications carriers with existing
Collocation arrangements;
1.4.5.3 Modifications of the use of space since the last Collocation
space report requested; and,
1.4.5.4 Measures being taken, if any, to make additional
Collocation spaces available.
The Collocation space report is not required prior to the submission of
a Collocation application for a specific Frontier premise in order to
determine Collocation space availability for the Frontier premise. The
Collocation space report wil be provided to FCA within ten (10)
calendar days of the request provided the request is submitted during
the ordinary course of business. A Collocation space report fee
contained in the Pricing Attachment wil be assessed per request and
per Frontier premise.
1.4.6 Reclamation. When initiating an application form, FCA must have
started installng equipment approved for Collocation at Frontier
premise within a reasonable period of time, not to exceed sixt (60)
calendar days from the date FCA accepts the Collocation
arrangement. If FCA does not utilize its Collocation space within the
established time period, and has not met the space reservation
requirements of Section 1.4.4 to the extent applicable, Frontier may
reclaim the unused Collocation space to accommodate another
CLEC's request or Frontier's future space requirements. Frontier shall
have the right, for good cause shown, and upon sixt (60) calendar
days' notice, to reclaim any Collocation space, cable space or conduit
space in order to fulfill its obligation under public service law and its
Tariffs to provide telecommunication services to its Customers. In
such cases, Frontier wil reimburse FCA for reasonable direct costs
and expenses in connection with such reclamation. Frontier wil make
every reasonable effort to find other alternatives before attempting to
reclaim any such space. FCA may seek Commission relief from
reclamation within ten (10) Business Days of being notified.
1.5 Pricing.
1.5.1 Rate Sheet. The rates for Frontier's Collocation services provided
pursuant to this Agreement are set forth in the Pricing Attachment only
to the extent that there are no corresponding rates in an applicable
Frontier Collocation Tariff that has been filed with the Commission and
become effective. If there is a Frontier Collocation Tariff that has been
filed with the Commission and become effective. the rates in such
Tariff shall apply and the rates set fort in the Pricing Attachment shall
not apply.
FCA 10 Camp v3.3a _07142010 149
1.5.2 Subsequent to the execution of this Agreement, Frontier also may
elect to file a Collocation Tariff with the Commission with provisions
addressing any of the rates specified in this Agreement. Any such
Tariff, when it becomes effective, shall supersede and replace the
corresponding rates set forth in the Pricing Attachment and such rates
specified in the Pricing Attachment shall cease to be effective.
Notwithstanding anything in this Agreement to the contrary, the rates
identified in this Collocation Attachment also may be superseded
prospectively by rates contained in future final, binding and non-
appealable regulatory orders or as otherwise required by legal
requirements.
1.5.3 Biling and Payment. The initial payment of NRCs shall be due and
payable in accordance with Section 1.3.1. The balance of the NRCs
and all related monthly recurring service charges will be biled to FCA
when Frontier provides FCA access to the caged, cageless or
adjacent Collocation arrangement or completes installation of the
virtual Collocation arrangement and shall be payable in accordance
with applicable established payment deadlines.
1.6 Liability and Indemnification.
In addition to their other respective indemnification and liabilty obligations set
forth in this Agreement, each part shall meet the following obligations. To the
extent that this provision conflicts with any other provision in this Agreement, this
provision shall control. The fact that a provision appears in another part of the
Agreement but not in this Attachment, or in this Attachment and not in another
part of the Agreement, shall not be interpreted as, or deemed grounds for finding,
a conflict.
1.6.1 No liability shall attach to Frontier for damages arising from errors,
mistakes, omissions, interruptions, or delays of Frontier, its agents,
servants or employees, in the course of establishing, furnishing,
rearranging, moving, terminating, or changing the service or facilities
(including the obtaining or furnishing of information in respect thereof
or with respect to the subscribers or users of the service or facilties) in
the absence of gross negligence or wilful misconduct. Subject to the
preceding and to the provisions following, with respect to any claim or
suit, by FCA or by any others, for damages associated with the
installation, provision, termination, maintenance, repair or restoration
of service, Frontier's liabilty, if any, shall not exceed an amount equal
to the proportionate charge for the service by Frontier for the service
for the period during which service was affected.
1.6.2 Frontier shall not be liable for any act or omission of any other part
furnishing a portion of service used in connection with the services
herein.
1.6.3 Frontier is not liable for damages to FCA premises resulting from the
furnishing of service, including the installation and removal of
equipment and associated wiring, unless the damage is caused by
Frontier's gross negligence or willful misconduct.
1.6.4 Frontier shall be indemnified, defended and held harmless by FCA
and/or its end user against any claim, loss or damage arising from the
use of services offered under this Attachment, involving:
FCA 10 Camp v3.3a _07142010 150
1.6.4.1 All claims, including but not limited to injuries to persons or
property from voltages or currents, arising out of any act or
omission of FCA or its end user in connection with facilties
provided by Frontier, FCA , or the end user; or
1.6.4.2 Frontier shall not be liable to FCA or its customers in
connection with the provision or use of the services
provided under this Attachment for indirect, incidental,
consequential, reliance or special damages, including
(without limitation) damages for lost profis, regardless of
the form of action, whether in contract, indemnity, warranty,
strict liability, or tort, including (without limitation) negligence
of any kind, even if Frontier has been advised of the
possibilty of such loss or damage.
1.6.5 Frontier does not guarantee or make any warranty with respect to its
services when used in an explosive atmosphere. Frontier shall be
indemnified, defended and held harmless by FCA from any and all
claims by any person relating to FCA's use of services so provided.
1.6.6 No license under patents (other than the limited license to use) is
granted by Frontier or shall be implied or arise by estoppel, with
respect to any service offered under this Attachment.
1.6.7 Frontier's failure to provide or maintain services under this Attachment
shall be excused by labor diffculties, governmental orders, civil
commotions, criminal actions taken against Frontier, acts of God and
other circumstances beyond Frontier's reasonable control.
1.6.8 Frontier shall not be liable for any act or omission of any other entity
furnishing to FCA facilties, equipment, or services used in conjunction
with the services provided under this Attachment. Nor shall Frontier
be liable for any damages or losses due to unauthorized use of the
services or the failure or negligence of FCA or FCA end user, or due to
the failure of equipment, facilties, or services provided by FCA or its
end user.
1.6.9 Neither part shall be liable to the other or to any third part for any
physical damage to each other's facilities or equipment within the
central offce, unless caused by the gross negligence or wilful
misconduct of the part's agents or employees.
1.6.10 FCA shall indemnify, defend and save harmless Frontier from and
against any and all losses, claims, demands, causes of action and
costs, including attorney's fees, whether suffered, made, instituted or
asserted by FCA or by any other part or person for damages to
property and injury or death to persons, including payments made
under any worker's compensation law or under any plan for
employees' disabilty and death benefits, which may arise out of or be
caused by the installation, maintenance, repair, replacement,
presence, use or removal of FCA 's equipment or facilities or by their
proximity to the equipment or facilties or all parties occupying space
within or on the exterior of Frontier's central offce(s), or by any act or
omission of Frontier, its employees, agents, former or striking
employees, or contractors, in connection therewith, unless caused by
gross negligence or wilful misconduct on the part of Frontier. These
provisions shall survive the termination, cancellation, modification or
FCA 10 Camp v3.3a _07142010 151
rescission of the Agreement for at least 18 months from the date of the
termination.
Frontier shall indemnify, defend and save harmless FCA from and
against any and all losses, claims, demands, causes of action and
costs, including attorneys' fees, whether suffered, made, instituted or
asserted by Frontier or by any other party or person for damages to
property and injury or death to persons, including payments made
under any worker's compensation law or under any plan for employees'
disability and death benefits, which may arise out of or be caused by
Frontier's provision of service within or on the exterior of the central
offce of by an act or omission of FCA , its employees, agents, former
or striking employees, or contractors, in connection therewith, unless
caused by gross negligence or wilful misconduct on the part of FCA .
1.6.11 FCA shall indemnify, defend and save harmless Frontier from and
against any and all losses, claims, demands, causes of action,
damages and costs, including but not limited to attorney's fees and
damages costs, and expense of relocating conduit systems resulting
from loss of right-of-way or propert owner consents, which may arise
out of or be caused by the presence, in, or the occupancy of the
central offce by FCA, and/or acts by FCA, its employees, agents or
contractors.
1.6.12 FCA shall indemnify, defend, and hold harmless Frontier, its directors,
offcers and employees, servants, agents, affliates and parent, from
and against any and all claims, cost, expense or liabilty of any kind,
including but not limited to reasonable attorney's fees, arising out of or
relating to FCA installation and operation of its facilties or equipment
within the multiplexing node, roof space and transmitter space.
1.6.13 FCA represents, warrants and covenants that it shall comply with all
applicable federal, state or local law, ordinance, rule or regulations,
including but not limited to, any applicable environmental, fire, OSHA
or zoning laws. FCA shall indemnify, defend, and hold harmless
Frontier, its directors, offcers and employees, servants, agents,
affliates and parent, from and against any and all claims, cost,
expense or liabilty of any kind including but not limited to fines or
penalties arising out of any breach of the foregoing by FCA , its
directors, offcers, employees, servants, agents, affliates and parent.
These provisions shall survive the termination, cancellation,
modification or rescission ofthe Agreement for at least 18 months
from the date of the termination.
1.6.14 Frontier represents, warrants and covenants that it shall comply with
all applicable federal, state or local law, ordinance, rule or regulations,
in connection with its provision of service within or on the exterior of
the central offce, including but not limited to, any applicable
environmental, fire, OSHA or zoning laws. Frontier shall indemnify,
defend, and hold harmless FCA , its directors, offcers, employees,
agents or contractors, from and against any and all claims, cost,
expense or liabilty of any kind including but not limited to fines or
penalties arising out of any breach of the foregoing by Frontier, its
directors, offcers and employees, servants, agents, affliates and
parent.
FCA 10 Camp v3.3a _07142010 152
1.6.15 Frontier and FCA shall each be responsible for all persons under their
control or aegis working in compliance herewith, satisfactorily, and in
harmony with all others working in or on the exterior of the central
offce and, as appropriate, cable space.
1.7 Casualty.
1.7.1 If the Collocation equipment location or any part thereof is damaged
by fire or other casualty, FCA shall give immediate notice thereof to
Frontier. The terms and conditions of this Attachment shall remain in
full force and effect with the following modifications:
1.7.1.1 If the Collocation equipment location or any part thereof is
partially damaged or rendered partially unusable by fire or
other casualty caused by Frontier, the damages thereto
shall be repaired by and at the expense of Frontier. Non-
recurring and monthly recurring charges, until such repair is
substantially completed, shall be apportioned from the day
following the casualty according to the part of the
Collocation equipment location which is usable. Frontier
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
If Frontier elects to restore the Collocation equipment
location, Frontier shall inform FCA of its plans to
repairlrestore the Collocation equipment location as soon as
it is practicable and wil work in good faith to restore service
to FCA as soon as possible. Frontier shall make repairs
and restorations with all reasonable expedition subject to
delays due to adjustment of insurance claims, labor troubles
and causes beyond Frontier's reasonable control.
1.7.1.2 If the Collocation equipment location or any part thereof is
totally damaged or rendered wholly unusable by fire or other
casualty caused by Frontier, then applicable non-recurring
and monthly recurring charges shall be proportionately paid
up to the time of the casualty and thenceforth shall cease
until the date when the Collocation equipment location shall
have been repaired and restored by Frontier. Frontier
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
If Frontier elects to restore the Collocation equipment
location, Frontier shall inform FCA of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and wil work in good faith to restore service
to FCA as soon as possible. Frontier shall make repairs
and restorations with all reasonable expedition subject to
delays due to adjustment of insurance claims, labor troubles
and causes beyond Frontier's reasonable control.
1.7.1.3 If the Collocation equipment location or any part thereof is
partially damaged or rendered partially unusable by fire or
other casualty through no fault of Frontier or FCA, then the
applicable non-recurring and monthly recurring charges
shall be proportionately paid up to the time of the casualty
and thenceforth shall cease until the date. when the
Collocation equipment location shall have been repaired
and restored. Any repair or restoration work undertaken by
FCA 10 Camp v3.3a _07142010 153
FCA in its Collocation arrangement must be done by a
Frontier-approved contractor and must be approved in
advance by Frontier. Frontier reserves the right to
discontinue FCA 's Collocation equipment location or any
part thereof under the conditions specified in 1.8.2.
1.7.1.4 If the Collocation equipment location or any part thereof is
totally damaged, rendered wholly unusable, partially
damaged or rendered partially unusable by fire or other
casualty caused by FCA, the liabilty and indemnification
provisions of this Attachment shall apply and Frontier may
terminate FCA Collocation arrangement immediately.
1.7.2 If the Collocation equipment location or any part thereof is rendered
wholly unusable through no fault of FCA, or (whether or not the
demised premises are damaged in whole or in part) if the building shall
be so damaged that Frontier shall decide to demolish it or to rebuild it,
then, in any of such events, Frontier may elect to discontinue FCA
Collocation equipment location or any part thereof. In this event,
Frontier wil provide FCA with written notification within ninety (90)
days after such fire or casualty specifying a date for discontinuance.
The date of discontinuance shall not be more than sixt (60) days after
the issuance of such notice to FCA. FCA must vacate the premises by
the date specified in the notice. Frontier's rights against FCA under
this Attachment prior to such discontinuance and any applicable non-
recurring and monthly recurring charges owing shall be paid up to the
date of discontinuance. Any payments of monthly recurring charges
made by FCA , which were on account of any period subsequent to
such date shall be returned to FCA .
1.7.3 After any such casualty and upon request by Frontier, FCA shall
remove from the Collocation equipment location and other associated
space, as promptly as reasonably possible, all of FCA salvageable
inventory and movable equipment, furniture and other propert.
1.7.4 In the event non-recurring and/or recurring charges were suspended
pursuant to 1.8.1, FCA liabilty for applicable non-recurring and
monthly recurring charges shall resume either upon occupancy by
FCA or thirty (30) days after written notice from Frontier that the
Collocation equipment location or any part thereof is restored to a
condition comparable to that existing prior to such casualty, which ever
comes first.
1.7.5 Nothing contained in these provisions shall relieve FCA from liability
that may exist as a result of damage from fire or other casualty.
1.7.6 Each part shall look first to any insurance in its favor before making
any claim against the other party for recovery for loss or damage
resulting from fire or other casualty, and to the extent that such
insurance is in full force and collectible and to the extent permitted by
law, Frontier and FCA each wil release and waive all right of recovery
against the other or anyone claiming through or under each of them
by way of subrogation or otherwise. The release and waiver shall be
in force only if both releasers' insurance policies contain a clause
providing that such release or waiver shall not invalidate the insurance
and also, provided that such a policy can be obtained without
additional premiums.
FCA 10 Camp v3.3a _07142010 154
1.7.7 Frontier wil not carry insurance on the FCA furniture and/or
furnishings or any fixtures or equipment, improvements, or
appurtenances removable by FCA and therefore will not be obligated
to repair any damage thereto or be obligated to replace the same.
1.8 Implementation and Termination of Service.
1.8.1 Implementation of Collocation Charges. Frontier shall provide FCA
with a notice ("Scheduled Completion Notice") indicating the
scheduled completion date ("Scheduled Completion Date") for the
Collocation arrangement. Frontier shall also provide a notice that wil
remind FCA of the Scheduled Completion Date and wil request FCA
to schedule and attend a "Collocation Acceptance Meeting" ("CAM").
Collocation charges will be implemented in accordance with this
section regardless of the readiness of FCA to utilze the completed
Collocation arrangement.
1.8.1.1 Collection of Non-Recurring Charges. The initial payment
of non-recurring charges (NRCs) shall be due and payable
in accordance with Section 1.3.3. FCA shall pay the
balance of the NRCs ("NRC Balance") upon FCA
acceptance of the Collocation arrangement or thirt (30)
calendar days after the Collocation arrangement is
completed, whichever comes first.
1.8.1.2 Commencement of Recurrng Charges. Monthly recurrng
charges wil commence upon CLEC acceptance of the
Collocation arrangement or thirty (30) calendar days after
the Collocation arrangement is completed, whichever
comes first ("Commencement Date"), and shall continue
until terminated pursuant to Section 1.8).
1.8.1.3 Extension Request. A CLEC may request to extend or
delay the Scheduled Completion Date of a Collocation
arrangement for up to six (6) months. A CLEC electing to
extend the Scheduled Completion Date of a Collocation
arrangement must notify Frontier in writing ("Extension
Notice") within thirt (30) calendar days after receiving the
Scheduled Completion Notice. In order for Frontier to delay
biling of monthly recurring charges for the applicable
Collocation arrangement, FCA must remit the NRC Balance
to Frontier for the Collocation arrangement with the
Extension Notice. Monthly recurring charges wil not be
biled by Frontier until the space for the Collocation
arrangement is accepted by FCA or the six (6) month
extension period has expired, whichever comes first. At any
time during or after the extension period, if FCA terminates
its Collocation arrangement, the termination shall be
governed by Section 1.8.4.
If Frontier ascertains the space for the Collocation
arrangement is needed to satisfy another CLEC's
Collocation request prior to the end of the six (6) month
extension period, Frontier wil notify FCA that its Collocation
space has been requested by another CLEC. FCA wil have
up to five (5) Business Days after the notification to retain
the Collocation space by notifying Frontier in writing that it
FCA 10 Camp v3.3a _07142010 155
desires to keep the space ("Retention Notice"). If FCA
retains the Collocation space, monthly recurring charges
shall commence for FCA thirt (30) calendar days after FCA
sends the Retention Notice or when FCA accepts the
space, whichever comes first.
1.8.2 Grounds for Termination by Frontier. Failure by FCA to comply with
the terms and conditions of this Attachment, including nonpayment of
rates and charges, may result in termination of Collocation service. In
addition to the other grounds for termination of Collocation services set
forth herein, Frontier reserves the right to terminate such services
upon thirt (30) calendar days notice in the event FCA: (a) is not in
conformance with provisions of this Attachment or other Company
standards and requirements; and/or (b) imposes continued disruption
and threat of harm to Company employees and/or network, or
Frontier's ability to provide service to other CLECs.
Frontier also reserves the right to terminate such services, without prior
notice, in the event FCA's Collocation arrangement imposes
emergency conditions, such as fire or other unsafe conditions, upon
the operation of Frontier's equipment and facilities or to Company
employees located outside FCA 's Collocation space.
Frontier reserves the right to inspect FCA's Collocation arrangement to
determine if suffcient DC Power and/or facilty terminations are being
used to maintain interconnection and/or access to unbundled network
elements. If Frontier determines that the Collocation arrangement is
not being used for interconnection and/or access to unbundled network
elements (from, for example, insuffcient DC Power and/or facility
terminations), Frontier reserves the right to terminate FCA's Collocation
service upon thirty (30) calendar days notice.
If Frontier elects to terminate a Collocation arrangement pursuant to
this section, the termination shall be governed by Section 1.8.4.
1.8.3 Termination by CLEC. FCA must notify Frontier in writing of its plans
to terminate a Collocation arrangement ("CLEC Termination Notice"),
and such FCA termination shall be governed by this Section.
1.8.3.1 Termination After Completion. If FCA elects to terminate an
existing Collocation arrangement after a Collocation
arrangement has been completed, the termination wil be
effective thirt (30) calendar days after Frontier's receipt of
FCA Termination Notice. If CLEC terminates a Collocation
arrangement under this section, the termination shall be
governed by Section 1.8.4 and FCA remains responsible to
pay any unpaid NRCs associated with the terminated
arrangement as set forth in Section 1.8.1. If the Collocation
arrangement being terminated contains equipment in which
a third part maintains an ownership or a security interest,
FCA shall include a list of any such owners and secured
parties in FCA Termination Notice.
1.8.3.2 Termination Prior to Completion. If FCA elects to terminate
a request for Collocation when construction is in progress
and prior to completion of the Collocation arrangement, the
termination wil be effective upon Frontier's receipt of FCA
FCA 10 Camp v3.3a _07142010 156
Termination Notice. For all non-recurring charges
associated with providing the Collocation arrangement, FCA
wil be billed and is responsible for payment of non-recurring
charges in accordance with the following (for the purposes
of this section, the number of "Days" refers to Business
Days measured from Frontier's receipt of a complete
application from FCA):
1.8.3.2.1 Effective date of FCA termination on or between
Days 1 to 15, FCA owes 20% of non-recurring
charges.
1.8.3.2.2 Effective date of FCA termination on or between
Days 16 to 30, FCA owes 40% of non-recurring
charges.
1.8.3.2.3 Effective date of FCA termination on or between
Days 31 to 45, FCA owes 60% of non-recurring
charges.
1.8.3.2.4 Effective date of FCA termination on or between
Days 46 to 60, FCA owes 80% of non-recurring
charges.
1.8.3.2.5 Effective date of FCA termination after Day 60,
FCA owes 100% of non-recurring charges.
If after applying these percentages to NRCs already paid by
FCA , any refunds are due FCA , such refunds shall be
applied first as a credit to any accounts with balances owed
by FCA to Frontier, with any remaining refund amount
issued to FCA. Engineering/major augment fees submitted
with the application wil not be refunded. FCATermination
Notice must be received by Frontier prior to the Scheduled
Completion Date to avoid incurring any monthly recurring
charges.
1.8.4 Effects of Termination. If Frontier or FCA terminates a Collocation
arrangement under the terms and conditions of this Attachment, the
following provisions shall apply:
1.8.4.1 Equipment Removal and Monthly Recurring Charges. FCA
shall disconnect and remove its equipment from the
designated Collocation space by the effective date of the
termination. Upon removal by FCA of all its equipment from
the Collocation space, if FCA does not restore the
Collocation space to its original condition at time of
occupancy, FCA wil reimburse Frontier for the cost to do
so. Due to physical and technical constraints, removal of
FCA entrance facilty cable wil be at Frontier's option. FCA
shall reimburse Frontier for all costs Frontier incurs to
decommission DC Power and transmission cable
terminations previously applied for by FCA. Frontier
reserves the right to remove FCA 's equipment if FCA fails
to remove and dispose of the equipment by the effective
date of the termination. FCA will be charged the
appropriate additional labor charge in the Pricing
FCA 10 Camp v3.3a _07142010 157
Attachment for the removal and disposal of such equipment.
All monthly recurring charges wil continue to be charged to
FCA until the effective date of the termination or, at Frontier
discretion, until any later date up to the date that all
equipment is removed and the Collocation space is restored
to its original condition at space turnover.
1.8.4.2 Refund of Non-Recurring Charges. If Frontier or FCA has
terminated a Collocation arrangement pursuant to Sections
1.8.2 and 1.8.3 and FCA ("original CLEC") has paid a non-
recurring charge(s) for an asset in a Collocation
arrangement, and is succeeded by another CLEC who uses
the same asset ("subsequent CLEC"), FCA wil receive a
refund from Frontier for the remaining undepreciated
amount of the asset upon occupancy by the subsequent
CLEC up to the applicable non-recurring charges paid by
the subsequent CLEC. If Frontier uses an asset for which
FCA paid a non-recurring charge, Frontier will make a pro
rata refund of such paid non-recurring charges to FCA. For
purposes of calculating prorated refunds to FCA, Frontier
wil use the economic life of the asset. Any refunds issued
pursuant to this section shall be applied first as a credit to
any accounts with balances owed by FCA to Frontier, and
any remaining refund amount will be issued to FCA.
Engineering/major augment fees submitted with the
application and any other paid non-recurring charges not
associated with the asset will not be refunded.
1.8.5 Closure. Decommissioning or Sale of Premises. Collocation
arrangements wil automatically terminate if the premise in which the
Collocation space is located is closed, decommissioned or sold and no
longer houses Frontier's netwrk facilties. At least one hundred
eighty (180) days written notice will be given to FCA of events which
may lead to the automatic termination of any such arrangement
pursuant to the terms and conditions of this Attachment, except when
extraordinary circumstances require a shorter interval. In such cases,
Frontier wil provide notice to FCA as soon as practicable. Frontier wil
work with FCA to identify alternate Collocation arrangements. Frontier
wil work cooperatively with FCA to minimize any potential for service
interruption resulting from such actions.
1.8.6 Miscellaneous. Frontier retains ownership of Frontier premise floor
space, adjacent land and equipment used to provide all forms of
Collocation. Frontier reserves for itself and its successors and
assignees, the right to utilze the Frontier premises' space in such a
manner as wil best enable it to fulfill Frontier's service requirements.
FCA does not receive, as a result of entering into a Collocation
arrangement hereunder, any right, title or interest in Frontier's premise
facilty, the multiplexing node, multiplexing node enclosure, cable,
cable space, cable racking, vault space or conduit space other than as
expressly provided herein. To the extent that FCA requires use of a
Frontier local exchange line, FCA must order a business local
exchange access line (B1). FCA may not use Frontier offcial lines.
1.9 Virtual Collocation.
FCA 10 Camp v3.3a _07142010 158
Unless otherwise specified in this Section 1.9, the provisions contained in other
sections of the Collocation Attachment shall apply to virtual Collocation.
1.9.1 Description. Under virtual Collocation, Frontier installs and maintains
FCA provided equipment, which is dedicated to the exclusive use of
FCA in a Collocation arrangement. FCA provides fiber-optic facilties
through Frontier entrance manholes for connection to FCA virtually
collocated transmission equipment that provides interconnection to
Frontier facilties located in the premises.
The physical point of interface for connection to the virtual arrangement
is referred to as manhole zero. From this manhole into the premises,
Frontier shall assume ownership of and maintain the fiber. From this
manhole toward FCA's location, the fiber optic cable remains FCA's
responsibilty, with FCA performing all servicing and maintaining full
ownership. If FCA is purchasing Frontier provided unbundled
interoffce facilties as transport, FCA entrance fiber is not required. All
elements/services shall be connected to the output cables of the virtual
Collocation arrangement using Frontier designated cable assignments,
not channel assignments.
Virtual Collocation is offered on a first come, first served basis and is
provided subject to the availabilty of space and facilties in each
premises where virtual Collocation is requested.
If FCA requests virtual Collocation of equipment other than the
standard virtual arrangement, FCA and Frontier wil mutually agree
upon the type of equipment to be virtually collocated.
1.9.2 Implementation Intervals and Planning. Frontier and FCA shall work
cooperatively to jointly plan the implementation milestones. Frontier
and FCA shall work cooperatively in meeting those milestones and
deliverables as determined during the joint planning process. A
preliminary schedule wil be developed outlning major milestones
including anticipated delivery dates for the FCA -provided transmission
equipment and for training.
Frontier wil notifyFCA of issues or unanticipated delays, as they
become known. Frontier and FCA shall conduct additional joint
planning meetings, as reasonably required, to ensure all known issues
are discussed and to address any that may impact the implementation
process. Planning meetings shall include establishment of schedule,
identification of tests to be performed, spare plug-in/card requirements,
test equipment, and determination of the final implementation
schedule.
The implementation interval is 76 Business Days for all standard
arrangement requests which were properly forecast six months prior to
the application dates subject to the provisions in this Attachment
governing forecasting and capacity. FCA shall deliver the virtual
Collocation equipment to Frontier premises by Business Day forty (40).
Frontier and FCA shall work cooperatively to schedule each site on a
priority-based order. Frontier and FCA shall mutually agree upon
intervals for non-standard arrangements.
1.9.3 Transmission Failure. FCA shall be responsible for monitoring and
reportng signal loss to Frontier. In the event of a transmission failure,
FCA 10 Camp v3.3a _07142010 159
FCA shall be responsible for initial trouble isolation as set forth in
Section 1.9.9, regardless of whether the fiber span is equipped with
optical regeneration equipment.
1.9.4 Accommodations. Upon receipt of a completed application and
associated virtual engineering fee, Frontier wil conduct an application
review, engineering review and site survey at the requested premises.
Frontier wil notify FCA within eight (8) Business Days of the results of
this review and site survey.
The dedicated terminal equipment inside Frontier's premises shall be
provided by FCA and leased to Frontier for the sum of one dollar after
successful installation and equipment testing by Frontier. The term of
the operating lease wil run for the duration of the virtual Collocation
arrangement, at which time FCA wil remove the equipment. FCA wil
retain ownership of this equipment inside the premises. Frontier wil
operate and maintain exclusive control over this equipment inside the
premises.
Where Frontier uses approved contractors for installation, maintenance
or repair of virtual Collocation arrangements, FCA may hire the same
approved contractors directly for installation, maintenance or repair of
FCA designated equipment.
Where Frontier does not use contractors, FCA designated equipment
and FCA provided facilities used in the provision of virtual Collocation
wil be installed, maintained and repaired by Frontier. Frontier wil
maintain and repair FCA designated equipment under the same
timeframe and standards as its own equipment.
FCA personnel are not allowed on Frontier premises to maintain and
repair on virtual Collocation equipment.
Frontier shall monitor local premises and environmental alarms to
support the equipment. Frontier wil notify FCA if a local offce alarm
detects an equipment affecting condition.
Frontier will be responsible to pull the fiber into and through the cable
entrance facilty (Le., vault) to the virtual Collocation arrangement. All
installations into the cable entrance facilty are performed by Frontier
personnel or its agents.
No virtual Collocation arrangement wil be placed in service by Frontier
until necessary training has been completed (refer to Section 1.9.11).
1.9.5 Plug-ins and Spare Cards. When a plug-in/card is determined by
Frontier to be defective, Frontier wil label the plug-in as defective and
place it in FCA -dedicated plug-in/card storage cabinet. FCA wil be
notified as the plug-in/card is replaced.
Frontier will not provide spare plug-ins/cards under any circumstances,
nor is Frontier responsible for FCA 's failure to replace defective plug-
ins/cards. Frontier shall not be held responsible if FCA provides an
inadequate supply of plug-ins/cards. Frontier will segregate and
secure FCA -provided maintenance spares in FCA -provided spare
plug-in/card cabinet.
FCA 10 Camp v3.3a _07142010 160
FCA shall provide the shop-wired piece of equipment fully pre-
equipped with working plug-ins/cards. In addition, FCA shall provide
Frontier with maintenance spares for each plug-in/card type. The
number of maintenance spares shall be the manufacturer's
recommended amount, unless otherwise mutually agreed by Frontier
and FCA , provided however, that in no event shall the number of
spare plug-ins/cards be less than two of each type. These spares must
be tested by FCA prior to delivery to Frontier.
In addition to maintenance spares, FCA wil also provide any unique
tools or test equipment required to maintain, turn-up, or repair the
equipment.
Upon receiving notification from Frontier that a plug-in/card has been
replaced, FCA is then responsible to contact the Frontier operations
manager to arrange exchange and replacement of the plug-in/card.
Exchanged, pre-tested spares shall be provided within one week of
replacement of a defective plug-in/card.
Subject to premise space availabilty, FCA shall have the option of
providing a stand-alone spare plug-in/card cabinet(s) or a rack-
mountable spare plug-in/card cabinet(s), to Frontier's specification, to
house the spare plug-ins/cards. The spare plug-in/card cabinet(s) and
minimum number of maintenance spares must be provided before the
virtual Collocation arrangement is completed and service is
established.
The amount of spare plug-ins/cards required wil be based on the
manufacturer's recommended amount, unless otherwse mutually
agreed by Frontier and FCA.
1.9.6 Safety and Technical Standards. Frontier reserves all rights to
terminate, modify or reconfigure the provision of service to FCA if, in
the discretion of Frontier, provision of service to FCA may in any way
interfere with or adversely affect Frontier's network or its ability to
service other CLECs.
All FCA equipment to be installed in Frontier premises must fully
comply with the GR - 000063 - CORE, GR -1089 - CORE and
Frontier's premises environmental and transmission standards in effect
at the time of equipment installation. The equipment must also comply
with the requirements in NIP 74165, as they relate to fire, safety,
health, environmental, and network safeguards.
It is FCA's responsibility to demonstrate and provide to Frontier
adequate documentation from an accredited source certifying
compliance. FCA equipment must conform to the same specific
risk/safety/hazard standards which Frontier imposes on its own
premises equipment as defined in RNSA - NEB - 95 - 0003, Revision
10 or higher.
FCA equipment is not required to meet the same performance and
reliabilty standards as Frontier imposes on its own equipment as
defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. FCA may
install equipment that has been deployed by Frontier for five years or
more with a proven safety record.
FCA 10 Camp v3.3a _07142010 161
1.9.7
1.9.8
1.9.9
1.9.10
FCA 10 Camp v3.3a _07142010
All FCA 's entrance facilties and splices must comply with TR - TSY -
00020, TR - NWT - 001058, BR - 760 - 200 - 030 and SR - TAP -
001421 as they relate to fire, safety, health, environmental safeguards
and interference with Frontier's services and facilities. Such
requirements include, but are not limited to the following: (1) The fibers
must be single mode; (2) The fiber optic units must be of loose tube (12
fibers) or ribbon (12 fibers) design; (3) The fiber cable must be marked
according to the cable marking requirements in GR - 20 - CORE,
Section 6.2.1 - 4; (4) The fiber must be identified according to the fiber
and unit identification (color codes) in GR - 20 - CORE, Section 6.2.5;
(5) Unless otherwise mutually agreed, the outer cable jacket shall
consist of a polyethylene resin, carbon black, and suitable antioxidant
system; and (6) Silca fibers shall be fusible with a commercially
available fusion splicer(s) that is commonly used for this operation.
Control Over Premises-Based Equipment. Frontier exercises
exclusive physical control over the premises-based transmission
equipment that terminates FCA's circuits and provides the installation,
maintenance, and repair services necessary to assure proper
operation of the virtually collocated facilities and equipment. Such
work wil be performed by Frontier under the direction of FCA .
Removal of Equipment. Frontier reserves the right to remove facilities
and equipment from its list of approved products if such products,
facilties and equipment are determined to be no longer compliant with
NEBS standards or GR - 1089 - CORE.
Installation and Trouble Resolution. Frontier wil process and prioritize
the trouble ticket in the same manner it does for its own equipment.
including the dispatch of a technician to the equipment. The
technician wil contact FCA at the number provided and service the
equipment as instructed and directed by FCA.
Placement, Removal and Monitoring of Facilties and Equipment.
From manhole zero toward FCA 's location the fiber optic cable
remains FCA's responsibility, with FCA performing all servicing and
maintaining full ownership.
FCA has the responsibilty to remotely monitor and control their circuits
terminating in Frontier's premises, however, FCA will not enter
Frontier's premises under virtual Collocation arrangements.
Performance and surveilance monitoring and trouble isolation shall be
provided by FCA. A clear distinction must be made by FCA when
submitting reports of troubles on Frontier services/elements connected
to the virtually collocated equipment and reports of troubles with the
collocated equipment. The former can be handled using Frontier
technicians and standard processes. The latter wil require specially
trained technicians familar with the collocated equipment (refer to
Section 1.9.11).
When FCA isolates a trouble and determines that a Frontier technician
should be dispatched to the equipment location for a servicing
procedure, FCA shall enter a trouble ticket with Frontier. FCA shall
provide standard trouble information, including the virtual Collocation
arrangement's circuit identification, nature of the activity request, and
the name and telephone number of FCA 's technician/contact.
162
1.9.11
1.9.12
1.9.13
FCA 10 Camp v3.3a _07142010
Responses to all equipment servicing needs wil be at FCA 's direction.
Maintenance wil not be performed without FCA 's direct instruction and
authorization.
If FCA is providing its own transport fiber for the virtual Collocation
arrangement, FCA wil arrange placement of the fiber into manhole
zero with enough length (as designated by Frontier) to reach the virtual
Collocation arrangement.
Maintenance activity (trouble in the equipment) is to be tested, isolated
and evaluated by FCA. Frontier technicians wil perform the instructed
activities on the equipment as specifically directed by FCA.
FCA shall provide, own, and operate the terminal equipment at their
site outside Frontier's premises.
Use of Non-Standard Equipment. When FCA requests a virtual
Collocation arrangement consisting of equipment which Frontier does
not use in its network nor has deployed in that particular premise to
provide service to itself or another CLEC, FCA shall be responsible for
training 50%, but no fewer than five, of Frontier technicians in the
administrative work unit responsible for servicing the equipment. Any
special tools or electronic test sets that Frontier does not have at the
premises involved must be provided by FCA with adequate
manufacturer's training.
FCA is responsible to arrange and pay all costs (including but not
limited to transportation and lodging for Frontier technicians) to have
Frontier technicians professionally trained by appropriate trainers
certified on the specific equipment to be used to provide the virtual
Collocation arrangement to FCA. FCA shall also pay for Frontier
technicians' time subject to rates contained in the Pricing Attachment.
When travel is required, travel expenses associated with training wil be
charged to FCA based on ticket stubs and/or receipts. This includes
paying for mileage according to the IRS rates for personal car mileage
or airfare, as appropriate FCA also has the option of arranging and
paying for all travel expenses for Frontier technicians directly.
In the event of an equipment upgrade, FCA must provide secondary
training subject to the provisions contained herein.
Additions and Rearrangements. Once FCA has established a virtual
Collocation arrangement, changes to the existing configuration,
(including but not limited to, growing, upgrading, and/or reconfiguring
the current equipment) are considered rearrangements to that virtual
Collocation arrangement. If FCA decides to rearrange an existing
virtual Collocation arrangement, FCA must submit a new application
outlining the details of the rearrangement along with a virtual
engineering/major augment fee.
Application of Rates and Charges.
Billng. Frontier wil apply charges (e.g., non-recurring and recurring
rates for entry fiber, power, etc.) and commence billng for the virtual
Collocation arrangement upon completion of the installation, when it
shall have finished all elements of the installation under its control. The
163
readiness of FCA to utilze the completed virtual Collocation
arrangement will not impair the right of Frontier to commence billng.
Frontier shall charge FCA for all costs incurred in providing the virtual
Collocation arrangement, including, but not limited to, Frontier's
planning, engineering and installation time and costs incurred by
Frontier for inventory services. Any and all expenses associated with
placing FCA's fiber in manhole zero, including license fees, shall be the
responsibilty of FCA.
Virtual Engineering Fee. Frontier wil require a virtual
engineering/major augment fee (NRC) per virtual Collocation request,
per premise or other Frontier location where FCA requests to establish
virtual Collocation. A virtual engineering/major augment fee is required
to be submitted by FCA with its application. This fee applies for all new
virtual Collocation arrangements as well as subsequent additions to an
existing arrangement, and provides for application processing, and for
Frontier's performance of an initial site visit and an engineering
evaluation.
If FCA cancels or withdraws its request for a virtual Collocation
arrangement prior to turn-up, FCA will be liable for all costs and
liabilties incurred by Frontier in the developing, establishing, or
otherwise furnishing the virtual Collocation arrangement up to the point
of cancellation or withdrawaL.
Other Virtual Collocation Rate Elements. The application, description,
and rates of Collocation rate elements that are also applicable for
virtual Collocation are described in the Pricing Attachment.
Conversions. Requests for converting virtual Collocation
arrangements to caged or cageless arrangements shall be submitted
and designated as an Augment Application described in Section 1.2.5.
Requests for converting a virtual arrangement to a cageless
arrangement that requires no physical changes to the arrangement wil
be assessed a minor augment fee. All other conversion requests for
virtual to caged or cage less wil be assessed an engineering/major
augment Fee and other applicable charges. Frontier wil notify FCA
within ten (10) Business Days following receipt of the completed
Augment Application if FCA conversion request is accepted or denied.
When converting a virtual arrangement to a caged orcageless
arrangement, FCA 's equipment may need to be relocated. FCA wil
be responsible for all costs associated with the relocation of its
equipment as described in Section 1 ;2.7.
1.10 Microwave Collocation.
1.9.14
Microwave Collocation is available ona first-come first-served basis where.
technically feasible. The microwave equipment may include microwave
antenna(s), mounts, towers or other antenna support equipment on the exterior
of the building, and radio transmitter/receiver equipment located either inside or
on the exterior of the building. All microwave antennas must be physically
interconnected to Frontier facilties through the Collocation arrangement. Unless
otherwise specified in this Section 1.10, the provisions contained in other
sections of the Collocation Attachment shall apply to microwave Collocation.
FCA 10 Camp v3.3a _07142010 164
1.10.1
1.10.2
Accommodations. Frontier wil provide space within the cable riser,
cable rack support structures and between the transmitter/receiver
space and the roof space needed to reach the physical or virtual
Collocation arrangement and to access Frontier's interconnection
point. Waveguide may not be placed in Frontier cable risers or racks.
Frontier reserves the right to prohibit the installation of waveguide,
metallc conduit and coaxial cable through or near sensitive equipment
areas. The route of the waveguide and/or coaxial cable as well as any
protection required will be discussed during the pre-construction
survey.
Frontier will designate the space in, on or above the exterior walls and
roof of the premises, which wil constitute the roof space or
transmitter/receiver space. Frontier may require FCA's
transmitter/receiver equipment to be installed in a loCked cabinet which
may be free standing, wall mounted or relay rack mounted. Frontier
may enclose FCA's multiplexing node or transmitter/receiver
equipment in a cage or room.
At the option of Frontier, the antenna support structure shall be built,
owned and maintained by either Frontier or by FCA. Frontier reserves
the right to use existing support structures for FCA's antenna, subject
to space and capacity limitations. Frontier also reserves the right to
use any unused portion of a support structure owned by FCA for any
reason, subject to the provisions set forth below. It shall be the
responsibilty of the owner of the support structure to maintain a record
of the net book value of the structure. When Frontier is the owner of
the structure, it shall keep such records in accordance with the FCC's
Part 32 uniform system of accounts. When FCA is the owner of the
structure, it shall keep such records in accordance with generally
accepted accounting principles.
The owner of the support structure shall use reasonable efforts to
accommodate requests by other CLECs to use the support structure
for microwave interconnection on a first-come first-served basis.
For those interconnecting via microwave facilties, transmitter/receiver
equipment may be located in FCA's interior Collocation space, or in a
separate location inside or on the exterior of the building as determined
by Frontier.
Security. Frontier wil permit FCA's employees, agents and
contractors approved by Frontier to have access to the areas where
FCA 's microwave antenna and associated equipment (e.g., tower and
support structure, transmitter/receiver equipment, and waveguide
and/or coaxial cable) is located during normal business hours for
installation and routine maintenance, provided that FCA employees,
agents and contractors comply with the policies and practices of
Frontier pertaining to fire, safety and security. Such approval wil not
be unreasonably withheld. During non-business hours, Frontier wil
provide access on a per event basis.
Frontier wil also permit all approved employees, agents and contractors of FCA
to have access to FCA 's cable and associated equipment (e.g., repeaters). This
wil include access to riser cable, cableways, and any room or area necessary for
access.
FCA 10 Camp v3.3a _07142010 165
1.10.3
FCA 10 Camp v3.3a _07142010
Safety and Technical Standards. Frontier reserves the right to remove
facilties and equipment from its list of approved products if such
products, facilities and equipment are determined to be no longer
compliant with NEBS standards or electromagnetic compatibility and
electrical safety generic criteria for network telecommunication
equipment specified in GR - 1089 - CORE. Frontier wil provide 90
days notice of the change unless it is due to an emergency which
renders notice impossible.
Frontier reserves the right to review wind or ice loadings, etc., for
antennas over 18 inches in diameter or for any multiple antenna
installations, and to require changes necessary to insure that such
loadings meet generally accepted engineering criteria for radio tower
structures.
The minimum height of equipment placement, such as microwave
antennas, must be eight feet from the roof. For masts, towers and/or
antennas over ten (10) feet in height, FCA or if applicable, Frontier,
shall have the complete structure, including guys and supports,
inspected every two years by an acceptable licensed professional
engineer of its choice specializing in this type of inspection. For FCA
owned structures that are solely for the use of one CLEC's antenna(s),
such inspection wil be at FCA's own cost and expense. For structures
used by multiple CLECs, the costs associated with such inspection
shall be apportioned based on relative capacity ratios. A copy of this
report may be filed with Frontier within ten (10) days of the inspection.
The owner shall be responsible to complete all maintenance and/or
repairs, as recommended by the engineer, within 90 days.
FCA shall provide written notice to Frontier of any complaint (and
resolution of such complaint) by any governmental authority or others
pertaining to the installation, maintenance or operation of FCA's
facilities or equipment located in roof space or transmitterlreceiver
space. FCA also agrees to take all necessary corrective action.
All FCA microwave equipment to be installed in or on the exterior of
Frontier premises must be on the Frontier's list of approved products,
or equipment that is demonstrated as complying with the technical
specifications described herein. Where a difference may exist in the
specifications, the more stringent shall apply.
FCA must comply with Frontier technical specifications for microwave
Collocation interconnection specified in NIP -74171 and Frontier's
digital switch environmental requirements specified in NIP - 74165, as
they relate to fire, safety, health, environmental, and network
safeguards, and ensure that FCA provided equipment and installation
activities do not act as a hindrance to Frontier services or facilties.
FCA's equipment placed in or on roof space or transmitter/receiver
space must also comply with all applicable rules and regulations of the
FCC and the FAA.
FCA facilties shall be placed, maintained, relocated or removed in
accordance with the applicable requirements and specifications of the
current edition of NIP - 74171, national electric code, the national
electrical safety code, rules and regulations of the OSHA, and any
governing authority having jurisdiction.
166
All FCA microwave facilties must comply with Bellcore specifications
regarding microwave and radio based transmission and equipment,
CEF, BR - 760 - 200 - 030, and SR - TAP - 001421; and Frontier's
practices as they relate to fire, safety, health, environmental
safeguards transmission and electrical grounding requirements, or
interference with Frontier services or facilties.
The equipment located in, on or above the exterior walls or roof of
Frontier's building must either be on Frontier's list of approved products
or fully comply with requirements specified in GR - 63 - CORE, GR -
1089 - CORE and NIP 74171. This equipment must also comply with
NIP -74160, premise engineering environmental and transmission
standards as they relate to fire, safety, health, environmental
safeguards, or interference with Frontier service or facilities.
Each transmitter individually and all transmitters collectively at a given
location shall comply with appropriate federal, state and/or local
regulations goveming the safe levels of radio frequency radiation. The
minimum standard to be met by FCA in all cases is specified in ANSI
C95.1 -1982.
FCA equipment must conform to the same specific risk, safety, hazard
standards which Frontier imposes on its own premises equipment as
defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. FCA
equipment is not required to meet the same performance and reliabilty
standards as Frontier imposes on its own equipment as defined in
RNSA - NEB - 95 - 0003, Revision 10 or higher.
1.10.4 Placement and Removal of Facilities and Equipment. Prior to
installation of FCA 's facilities or transmission equipment for
microwave interconnection, FCA must obtain at its sole cost and
expense all necessary licenses, permits, approvals, and/or variances
for the installation and operation of the equipment and particular
microwave system, and when applicable for any towers or support
structures, as may be required by authorities having jurisdiction.
FCA is not permitted to penetrate the building exterior wall or roof when
installng or maintaining transmission equipment and support
structures. All building penetration will be done by Frontier or a hired
agent of Frontier.
Any FCA's equipment used to produce or extract moisture must be
connected to existing or newly constructed building or roof top drainage
systems, at the expense of FCA .
FCA wil be responsible for supplying, installng, maintaining, repairing
and servicing the following microwave specific equipment: Waveguide,
waveguide conduit, and/or coaxial cable, the microwave antenna and
associated tower and support structure and any associated equipment;
and the transmitterlreceiver equipment and any required grounding.
FCA may install equipment that has been deployed by Frontier for five
years or more with a proven safety record.
1.10.5 Moves. Replacements or Other Modifications. Where FCA intends to
modify, move replace or add to equipment or facilties within or about
the roof space or transmitterlreceiver space(s) and requires special
FCA 10 Camp v3.3a _07142010 167
1.10.6
FCA 10 Camp v3.3a _07142010
consideration (e.g., use of freight elevators, loading dock, staging
area, etc.), FCA must request and receive written consent from
Frontier. Such consent wil not be unreasonably withheld. FCA shall
not make any changes from initial installation in terms of the number of
transmitter/receivers, type of radio equipment, power output of
transmitters or any other technical parameters without the prior written
approval of Frontier.
Space and Facilities. Monthly rates are applicable to FCA for the
space (generally on the premises roof) associated with Frontier or
other CLEC owned antenna support structures. The rate is calculated
using the rate per square foot, multiplied by the square footage of the
footprint, which resultant is multiplied by FCA 's relative capacity ratio
(RCR), (Le., the sum of the RCRs of each of the FCA 's antennas).
Square footage for the footprint wil be based on the length times width
of the entire footprint formed on the horizontal plane (generally the roof
top) by the antenna(s), tower(s), mount(s), guy wires and/or support
structures used by FCA. For a non-rectangular footprint, the length
wil be measured at the longest part of the footprint and the width wil
be the widest part of the footprint.
The owner of the support structure may charge FCA proposing to use
the structure, on a one-time basis, for the following costs and/or values.
Any incremental costs associated with installng the FCA's antenna,
including but not limited to, the costs of engineering studies, roof
penetrations, structural attachments, support structure modification or
reinforcement, zoning and building permits. A portion of the net book
value of the support structure is based on the RCR of FCA's proposed
antenna(s) to be mounted on the structure. FCA's RCR represents the
percent of the total capacity of the support structure used by FCA's
antenna(s) on the structure. Spare capacity shall be deemed to be that
of the owner of the structure. RCRs shall be expressed as a two place
decimal number, rounded to the nearest whole percent. The sum of all
users' RCRs and the owner's RCR shall at all times equal 1.00. It shall
be the responsibilty of the owner of the structure to provide FCA the
net book value of the structure at the time of the proposed use. Upon
request, the owner shall also provide the proposed user accounting
records or other documentation supporting the net book value.
The owner of the structure may not assess FCA any charges in
addition to the one-time charge described above, except that the owner
of the structure may assess FCA a proportionate share of inspection
costs and Frontier may assess FCA monthly recurring charges for use
of its roof space. At the time FCA proposes to attach additional
antennas to an existing support structure, it shall be the responsibilty
of FCA to obtain, at its cost and expense, an engineering analysis by a
registered structural engineer to determine the relative capacity ratio of
all antennas on the structure, including the proposed antennas.
When a FCA is the owner of the structure, the proposed user shall pay
FCA directly the one-time charge as set forth above. When Frontier is
the owner of the support structure, it shall determine the charge on an
individual case basis. In the event that FCA as owner of the support
structure fails to comply with these provisions, at Frontier's option,
ownership of the support structure shall transfer to Frontier.
168
Costs incurred by Frontier to conduct a review for wind or ice loadings
(etc.) for antennas over 18 inches in diameter, or for any multiple
antenna installation, and any changes which may be required thereto in
order to insure that such loadings meet generally accepted engineering
criteria for radio tower structures, wil be biled to FCA .
1.10.7 Emergency Power and/or Environmental Support. In the event special
work must be done by Frontier to provide emergency power or
environmental support to the transmitterlreceiver equipment or
antenna, FCA wil be billed on a time and materials basis for the costs
incurred.
1.10.8 Escorting. When FCA personnel are escorted by a qualified Frontier
employee for access to the roof space, transmitterlreceiver space, or
cable risers and racking for maintenance, the miscellaneous labor
charges as set forth in the Pricing Attachment wil apply.
FCA 10 Camp v3.3a _07142010 169
911 ATTACHMENT
1. 911/E-911 Arrangements
1.1 911/E-911 arrangements provide a caller access to the appropriate PSAP by
dialing a 3-digit universal telephone number "911". Frontier provides and
maintains such equipment and softare at the 911/E-911 Tandem
Offce(s)/Selective Router(s), Frontier interface point(s) and ALI Database as is
necessary for 911/E-911 Calls in areas where Frontier is the designated 911/E-
911 Service Provider.
1.2 Frontier shall make the following information available to FCA , to the extent
permitted by Applicable Law. Such information is provided at the Frontier
website (formerly referred to as the Frontier wholesale website):
1.2.1 a listing of the CLLI code (and SS7 point code when applicable) of
each 911/E-911 Tandem Offce(s)/Selective Router(s) and associated
geographic location served for areas where Frontier is the designated
911/E-911 Service Provider;
1.2.2 a listing of appropriate Frontier contact telephone numbers and
organizations that currently have responsibility for operations and
support of Frontier's 911/E-911 network and ALI Database systems;
and
1.2.3 where Frontier maintains a Master Street Address Guide (MSAG) on
behalf of the Controlling 911 Authority, Frontier shall provide to FCA a
complete copy of such MSAG annually upon written request for each
county within the LATA(s) in the State of Idaho, where FCA is
providing Telephone Exchange Service, provided that Frontier is
permitted to do so by Controllng 911 Authority.
2. AU Database
2.1 Where Frontier manages the ALI Database, information regarding the ALI
Database is provided electronically at the Frontier website (formerly referred to
as the Frontier wholesale website).
2.2 Where Frontier manages the ALI Database, Frontier shall:
2.2.1 store FCA end user data provided by FCA in the ALI Database;
2.2.2 provide FCA access to the ALI Database for the initial loading and
updating of FCA end user records in accordance with information
contained in the Frontier website (formerly referred to as the Frontier
wholesale website); and
2.2.3 provide FCA an error and status report based on updates to the ALI
Database received from FCA.
2.3 Where Frontier manages the ALI Database, FCA shall:
2.3.1 provide MSAG valid E-911 data for each of its end users for the initial
loading of, and any and all updates to the ALI database;
2.3.2 utilize the appropriate Frontier electronic interface to update E-911
data in the ALI Database related its end users (and all such database
FCA 10 Camp v3.3a _07142010 170
information in the ALI Database shall conform to Frontier standards,
which are provided at the Frontier website (formerly referred to as the
Frontier wholesale website));
2.3.3 use its company ID on all end user records in accordance with NENA
standards;
2.3.4 correct any errors that occur during the entry of E-911 data in the ALI
Database; and
2.3.5 enter E-911 data into the ALI Database in accordance with NENA
standards for LNP. This includes, but is not limited to, using FCA's
NENA ID to lock and unlock records and the posting of the FCA NENA
ID to the ALI Database record where such locking and unlocking
feature for E-911 records is available, or as defined by local standards.
FCA is required to promptly unlock and migrate its E-911 records in
accordance with NENA standards. In the event that FCA discontinues
providing Telephone Exchange Service to any of its end users, it shall
ensure that its E-911 records for such end users are unlocked in
accordance with NENA standards.
2.4 In the event FCA uses an Agent to input its end user's E-911 data to the ALI
Database through the appropriate Frontier electronic interface, FCA shall provide
a Letter of Authorization, in a form acceptable to Frontier, identifying and
authorizing its Agent.
3. 911/E-911 Interconnection
3.1 FCA may, in accordance with Applicable Law, interconnect to the Frontier 911/E-
911 Tandem Offce(s)/Selective Router(s) or Frontier interface point(s). Frontier
shall designate interface point(s), e.g., digital cross connect systems (DCS),
where FCA may interconnect with Frontier for the transmission and routing of
911/E-911 Calls to all subtending PSAPs that serve the areas in which FCA
provides Telephone Exchange Services.
3.2 In order to interconnect with Frontier for the transmission and routing of 911/E-
911 Calls, FCA shall:
3.2.1 interconnect with each Frontier 911/E-911 Tandem Offce/Selective
Router or Frontier interface point that serves the exchange areas in
which FCA is authorized to and wil provide Telephone Exchange
Service;
3.2.2 provide a minimum of two (2) one-way outgoing 911/E-911 trunks over
diversely routed facilties that are dedicated for originating 911/E-911
Calls from the FCA switch to each designated Frontier 911/E-911
Tandem Offce/Selective Router or Frontier interface point, using SS7
signaling where available, as necessary;
3.2.3 (Intentionally Left Blank);
3.2.4 provide suffcient trunks and facilties to route 911/E-911 Calls from
FCA to the designated Frontier 911/E-911 Tandem Offce(s)/Selective
Router(s) or Frontier interface point(s). FCA is responsible for
requesting that trunks and facilties be routed diversely for 911/E-911
interconnection;
FCA 10 Camp v3.3a _07142010 171
3.2.5 determine the proper quantity of trunks and facilities from its switch(es)
to the Frontier 911/E-911 Tandem Offce(s)/Selective Router(s) or
Frontier interface point(s);
3.2.6 engineer its 911/E-911 trunks and facilities to attain a minimum P.01
grade of service as measured using the "busy day/busy hour" criteria
or at such other minimum grade of service as required by Applicable
Law or the Controlling 911 Authority;
3.2.7 monitor its 911/E-911 trunks and facilties for the purpose of
determining originating network traffc volumes. If the FCA traffc
study indicates that additional trunks and/or facilties are needed to
meet the current level of 911/E-911 Call volumes, FCA shall order or
otherwise provide adequate additional trunks and/or facilities;
3.2.8 promptly test all 911/E-911 trunks and facilites between the FCA
network and the Frontier 911/E-911 Tandem Offce(s)/Selective
Router(s) or Frontier interface point(s) to assure proper functioning of
911/E-911 arrangements. FCA shall not transmit or route live 911/E-
911 Calls until successful testing is completed; and
3.2.9 isolate, coordinate and restore all 911/E-911 network maintenance
problems from its switch(es) to the Frontier 911/E-911 Tandem
Offce(s)/Selective Router(s) or Frontier interface points. FCA shall
advise Frontier of the circuit identification when notifying Frontier of a
failure or outage.
4. 911/E.911 General
4.1 Frontier and FCA shall work cooperatively to arrange meetings with the
Controllng 911 Authorities to answer any technical questions the PSAPs, or
county or municipal coordinators may have regarding the initial 911/E-911
arrangements
4.2 FCA shall compensate Frontier for provision of 911/E-911 Services pursuant to
the Pricing Attachment of this Agreement.
4.3 FCA and Frontier shall comply with all Applicable Law (including 911 taxes and
surcharges as defined by Applicable Law) pertaining to 911/E-911 arrangements.
4.4 FCA shall collect and remit, as required, any 911/E-911 applicable surcharges
from its end users in accordance with Applicable Law.
5. Good Faith Penormance
If and, to the extent that, Frontier, prior to the Effective Date, has not provided in the
State of Idaho a Service offered under this Attachment, Frontier reserves the right to
negotiate in good faith with FCA reasonable terms and conditions (including, without
limitation, rates and implementation timeframes) for such Service; and, if the Parties
cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Part may utilze the Agreement's dispute resolution
procedures.
FCA 10 Comp v3.3a _07142010 172
PRICING ATTACHMENT
1. General
1.1 As used in this Attachment, the term "Charges" means the rates, fees, charges
and prices for a Service.
1.2 Except as stated in Section 2 or Section 3 of this Attachment, Charges for
Services shall be as stated in this Section 1.
1.3 The Charges for a Service shall be the Charges for the Service stated in the
Providing Part's applicable Tariff.
1.4 In the absence of Charges for a Service established pursuant to Section 1.3 of
this Attachment, the Charges shall be as stated in Appendix A of this Pricing
Attachment. For rate elements provided in Appendix A of this Pricing Attachment
that do not include a Charge, either marked as "TBD" or otherwise, Frontier is
developing such Charges and has not finished developing such Charges as of
the Effective Date of this Agreement ("Effective Date"). When Frontier finishes
developing such a Charge, Frontier shall notify FCA in writing of such Charge in
accordance with, and subject to, the notices provisions of this Agreement and
thereafter shall bil FCA, and FCA shall pay to Frontier, for Services provided
under this Agreement on the Effective Date and thereafter in accordance with
such Charge. Any notice provided by Frontier to FCA pursuant to this Section 1.4
shall be deemed to be a part of Appendix A of this Pricing Attachment
immediately after Frontier sends such notice to FCA and thereafter.
1.5 The Charges stated in Appendix A of this Pricing Attachment shall be
automatically superseded by any applicable Tariff Charges. The Charges stated
in Appendix A of this Pricing Attachment also shall be automatically superseded
by any new Charge(s) when such new Charge(s) are required by any order of the
Commission or the FCC, approved by the Commission or the FCC, or otherwise
allowed to go into effect by the Commission or the FCC (including, but not limited
to, in a Tariff that has been filed with the Commission or the FCC), provided such
new Charge(s) are not subject to a stay issued by any court of competent
jurisdiction.
1.6 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.5 of this Attachment, if Charges for a Service are otherwise expressly
provided for in this Agreement, such Charges shall apply.
1.7 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.6 of this Attachment, the Charges for the Service shall be the Providing
Party's FCC or Commission approved Charges.
1.8 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.7 of this Attachment, the Charges for the Service shall be mutually
agreed to by the Parties in writing.
2. Frontier Telecommunications Services Provided to FCA for Resale Pursuant to the
Resale Attachment
2.1 Frontier Telecommunications Services for which Frontier is Required to Provide a
Wholesale Discount Pursuant to Section 251 (c)( 4) ofthe Act.
FCA 10 Camp v3.3a _07142010 173
2.1.1 The Charges for a Frontier Telecommunications Service purchased by
FCA for resale for which Frontier is required to provide a wholesale
discount pursuant to Section 251 (c)(4) of the Act shall be the Retail
Price for such Service set forth in Frontier's applicable Tariffs (or, if
there is no Tariff Retail Price for such Service, Frontier's Retail Price
for the Service that is generally offered to Frontier's Customers), less,
to the extent required by Applicable Law: (a) the applicable wholesale
discount stated in Frontier's Tariffs for Frontier Telecommunications
Services purchased for resale pursuant to Section 251 (c)(4) of the Act;
or (b) in the absence of an applicable Frontier Tariff wholesale
discount for Frontier Telecommunications Services purchased for
resale pursuant to Section 251 (c)(4) of the Act, the applicable
wholesale discount stated in Appendix A for Frontier
Telecommunications Services purchased for resale pursuant to
Section 251 (c)(4) ofthe Act.
2.1.2 The Charges for a Frontier Telecommunications Service Customer
Specific Arrangement ("CSA") purchased by FCA for resale pursuant
to Section 3.3 of the Resale Attachment for which Frontier is required
to provide a wholesale discount pursuant to Section 251 (c)(4) of the
Act shall be the Retail Price for the CSA, less, to the extent required
by Applicable Law: (a) the applicable wholesale discount stated in
Frontier's Tariffs for Frontier Telecommunications Services purchased
for resale pursuantto Section 251 (c)(4) ofthe Act; or (b) in the
absence of an applicable Frontier Tariff wholesale discount for Frontier
Telecommunications Services purchased for resale pursuant to
Section 251 (c)(4) of the Act, the applicable discount stated in
Appendix A for Frontier Telecommunications Services purchased for
resale pursuantto Section 251 (c)( 4) of the Act. Notwithstanding the
foregoing, in accordance with, and to the extent permitted by
Applicable Law, Frontier may establish a wholesale discount for a CSA
that differs from the wholesale discount that is generally applicable to
Telecommunications Services provided to FCA for resale pursuant to
Section 251 ( c)( 4) of the Act.
2.1.3 Notwithstanding Sections 2.1 and 2.2 of this Attachment, in
accordance with, and to the extent permitted by Applicable Law,
Frontier may at any time establish a wholesale discount for a
Telecommunications Service (including, but not limited to, a CSA) that
differs from the wholesale discount that is generally applicable to
Telecommunications Services provided to FCA for resale pursuant to
Section 251 (c)(4) of the Act.
2.1.4 The wholesale discunt stated in Appendix A shall be automatically
superseded by any new wholesale discount when such new wholesale
discount is required by any order of the Commission or the FCC,
approved by the Commission or the FCC, or otherwise allowed to go
into effect by the Commission or the FCC, provided such new
wholesale discount is not subject to a stay issued by any court of
competent jurisdiction.
2.1.5 The wholesale discount provided for in Sections 2.1.1 through 2.1.3 of
this Attachment shall not be applied to:
2.1.5.1 Short term promotions as defined in 47 CFR § 51.613;
FCA 10 Camp v3.3a _07142010 174
2.1.5.2 Except as otherwise provided by Applicable Law, Exchange
Access services;
2.1.5.3 Subscriber Line Charges, Federal Line Cost Charges, end
user common line Charges, taxes, and government
Charges and assessment (including, but not limited to, 9-1-
1 Charges and Dual Party Relay Service Charges).
2.1.5.4 Any other service or Charge that the Commission, the FCC,
or other governmental entity of appropriate jurisdiction
determines is not subject to a wholesale discount under
Section 251 (c)(4) of the Act.
2.2 Frontier Telecommunications Services for which Frontier is Not Required to
Provide a Wholesale Discount Pursuant to Section 251 (c)(4) ofthe Act.
2.2.1 The Charges for a Frontier Telecommunications Service for which
Frontier is not required to provide a wholesale discount pursuant to
Section 251 (c)(4) of the Act shall be the Charges stated in Frontier's
Tariffs for such Frontier Telecommunications Service (or, if there are
no Frontier Tariff Charges for such Service, Frontier's Charges for the
Service that are generally offered by Frontier).
2.2.2 The Charges for a Frontier Telecommunications Service customer
specific contract service arrangement ("CSA") purchased by FCA
pursuant to Section 3.3 of the Resale Attachment for which Frontier is
not required to provide a wholesale discount pursuant to Section
251 (c)(4) of the Act shall be the Charges provided for in the CSA and
any other Charges that Frontier could bil the person to whom the CSA
was originally provided (including, but not limited to, applicable
Frontier Tariff Charges).
2.3 Other Charges.
2.3.1 FCA shall pay, or collect and remit to Frontier, without discount, all
Subscriber Line Charges, Federal Line Cost Charges, and end user
common line Charges, associated with Frontier Telecommunications
Services provided by Frontier to FCA .
3. FCA Prices
Notwithstanding any other provision of this Agreement, the Charges that FCA bills
Frontier for FCA 's Services shall not exceed the Charges for Frontier's comparable
Services, except to the extent that FCA 's cost to provide such FCA 's Services to
Frontier exceeds the Charges for Frontier's comparable Services and FCA has
demonstrated such cost to Frontier, or, at Frontier's request, to the Commission or the
FCC.
4. (This Section Intentionally Left Blank)
5. Regulatory Review of Prices
Notwithstanding any other provision of this Agreement, each Party reserves its respective
rights to institute an appropriate proceeding with the FCC, the Commission or other
governmental body of appropriate jurisdiction: (a) with regard to the Charges for its
Services (including, but not limited to, a proceeding to change the Charges for its
services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)
FCA 10 Camp v3.3a _07142010 175
with regard to the Charges of the other Party (including, but not limited to, a proceeding
to obtain a reduction in such Charges and a refund of any amounts paid in excess of any
Charges that are reduced).
FCA 10 Camp v3.3a _07142010 176
APPENDIX A TO THE PRICING ATTACHMENT1
(IDAHO)
v1.13
I. Rates and Charges for Transport and Termination of Traffic2
A. Reciprocal Compensation Traffc Termination
Reciprocal Compensation Traffc End Offce Rate: $0.0050687 per minute of
use.
Reciprocal Compensation Traffc Tandem Rate: $0.0070138 per minute of use.
B. The Tandem Transit Traffc Service Charge is $0.0018345 per minute of use.
C. Entrance Facilty and Transport for Interconnection Charges: See Intrastate
Special Access Tariff
D. Exchange Access Service: Per Frontier interstate and/or Frontier intrastate
access tariff
This Appendix may contain rates for (and/or reerenc) services, facilities, arrngements and the like
that Frontier does not have an obligation to provide under the Agreement (e.g., services, facilities, arrngements and the
like that Frontier is not require to provide under Section 251 of the Act). Notwithstanding any such rates (and/or
references) and, for the avoidance of any doubt, nothing in this Appendix shall be deemed to require Frontier to provide a
service, facility, arrangement or the like that the Agreement does not reuire Frontier to provide, or to provide a service,
facility, arrangement or the like upon rates, terms or conditions other than those that may be required by the Agreement.
All rates and charges set forth in this Appendix shall apply until such time as they are replaced by new rates
and/or charges as the Commission or the FCC may approve or allow to go into effect from time to ti1e, subject however,
to any stay or other order issued by any court of competent jurisdiction. In addition to any rates and charges set forth
herein, Frontier, effective as of March 11, 2005, may, but shall not be required to, charge (and ""CUSTOMER
ACRONYM""" shall pay) any rates and charges that apply to a CLEC's embedded base of certin UNEs pursuant to the
FCC's Order on Remand, Unbundled Access to Network Elements; Review of the Section 251 Unbundling Obligations of
Incumbent Local Exchange carrers, WC Oocket No. 04313, CC Oocket No. 01-338 (FCC rei. Feb. 4,2005) (the
"TRRO"), the foregoing being without limitation of other rates and charges that may apply under subseuent FCC orders
or otherwise. In addition, as set forth in Industry Notices, access tarif rates and/or other applicable non-UNE rates may
apply for certain facilities and arrngements that are no longer available as unbundled network elements or combinations
thereof.
2 All rates and charges specifed herein are pertaining to the Interconnection Attachment.
FCA 10 Comp v3.3a _07142010 177
II. Services Available for Resale
The avoided cost discount for all Resale services is 13.50%.
Non-Recurring Charges (NRCs) for Resale Services
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search Per Account
$273.09
$ 11.69
Ordering and Provisioning
Engineered Initial Service Order (iSO) - New Service
Engineered Initial Service Order - As Specified
Engineered Subsequent Service Order
Non-Engineered Initial Service Order - New Service
Non-Engineered Initial Service Order - Changeover
Non-Engineered Initial Service Order - As Specified
Non-Engineered Subsequent Service Order
Central Offce Connect
Outside Facility Connect
Manual Ordering Charge
$311.98
$123.84
$ 59.61
$ 42.50
$ 21.62
$ 82.13
$ 19.55
$ 12.21
$ 68.30
$ 12.17
Product Specific
NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom
Handling as listed in this Appendix, wil be charged from the appropriate retail tariff. No
discount applies to such NRCs.
Custom Handling
Service Order Expedite:
Engineered
Non-Engineered
Coordinated Conversions:
ISO
Central Offce Connection
Outside Facilty Connection
$ 35.48
$ 12.59
$ 17.76
$ 10.71
$ 9.59
Hot Coordinated Conversion First Hour:iSO $ 30.55Central Offce Connection $ 42.83Outside Facilty Connection $ 38.34
Hot Coordinated Conversion per Additional Quarter Hour:iSO $ 6.40Central Offce Connection $ 10.71Outside Facilty Connection $ 9.59
FCA 10 Comp v3.3a _07142010 178
Application of NRCs
Pre-ordering:
CLEC Account Establishment is a one-time charge applied the first time that FCA orders
any service from this Agreement.
Customer Record Search applies when FCA requests a summary of the services
currently subscribed to by the end-user.
Ordering and Provisioning:
Engineered Initial Service Order - New Service applies per Local Service Request (LSR)
when engineering work activity is required to complete the order, e.g. digital loops.
Non-Engineered Initial Service Order - New Service applies per LSR when no
engineering work activity is required to complete the order, e.g. analog loops.
Initial Service Order - As Specified (Engineered or Non-Engineered) applies only to
Complex Services for services migrating from Frontier to FCA . Complex Services are
services that require a data gathering form or have special instructions.
Non-Engineered Initial Service Order - Changeover applies only to Basic Services for
services migrating from Frontier to FCA . End-user service may remain the same or
change.
Central Offce Connect applies in addition to the ISO when physical installation is
required at the central offce.
Outside Facility Connect applies in addition to the iSO when incremental fieldwork is
required.
Manual Ordering Charge applies to orders that require Frontier to manually enter FCA 's
order into Frontier's Secure Integrated Gateway System (SIGS), e.g. faxed orders and
orders sent via physical or electronic maiL.
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite (Engineered or Non-Engineered) applies if FCA requests service
prior to the standard due date intervals.
Coordinated Conversion applies if FCA requests notification and coordination of service
cut over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if FCA requests real-time coordination of
a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
FCA 10 Comp v3.3a _07142010 179
III.Prices for Unbundled Network Elements3
Monthly Recurring Charges4
Local Loop
2 Wire Analog Loop (inclusive of NID)$45.00
4 Wire Analog Loop (inclusive of NID)$67.00
2 Wire Digital Loop (inclusive of NID)$45.00
4 Wire Digital Loop (inclusive of NID)$67.00
DS-1 Loop $160.31
DS-3 Loop $320.38
Supplemental Features:
ISDN-BRI Line Loop Extender $5.06
DS1 Clear Channel Capability $26.00
Sub-Loop
2-Wire Distribution $26.04
4-Wire Distribution $45.64
2-Wire Drop $5.57
4-Wire Drop $5.91
Inside Wire BFR
Network Intenace Device (leased separately)
Basic NID:$1.80
Complex (12 x) NID $1.90
Dedicated Transport Facilties
Interoffce Dedicated Transport
IDT DSO Transport Facilty per ALM $0.13
IDT DSO Transport Termination $12.90
IDT DS1 Transport Facilty per ALM $1.91
IDT DS1 Transport Termination $45.00
IDT DS3 Transport Facilty per ALM $25.15
IDT DS3 Transport Termination $234.14
Multiplexing (Dedicated Transport)
DS1 to Voice Multiplexing $194.78
DS3 to DS1 Multiplexing $550.00
DS1 Clear Channel Capabilty $26.00
For the avoidance of any doubt, in addition to any rates and charges set forth herein, Frontier,
effective as of March 11, 2005, may, but shall not be required to, charge (and """CUSTOMER ACRONYM""" shll pay)
any rates and charges that apply to a CLEC's embeded base of certain UNEs pursuant to the TRRO, the foregoing being
without limitation of other rates and charges that may apply under subseuent FCC orders or otherwise; in addition, as set
forth in Industry Notices, access tarif rates and/or other applicable non-UNE rates may apply for cerain facilities and
arrngements that are no longer available as unbundled network elements or combinations thereof.
3
In compliance with the FCC Order approving the Merger of GTE Corporation and Bell Atlantic (CC
Oocket No. 98-1840), Frontier wil ofer limited durtion promotional discunts on resold residential exchange accss
lines. The terms and conditions on which these promotional discounts are being made available can be found on
Frontiets web site, at http://w.ate.comlwiseforformer GTE service areas and http://ww.bell-
atl.comlwholesale/htmllresources.htm for forer Bell Atlantic service areas.
FCA 10 Comp v3.3a _07142010 180
Unbundled Dark Fiber
Unbundled Dark Fiber Loops
Dark Fiber Loop
Unbundled Dark Fiber Dedicated Transport
Dark Fiber IDT -Facility
Dark Fiber IDT -Termination
Intermediate Offce Cross Connect
FCA 10 Comp v3.3a _07142010 181
$67.13
$
$
24.80
6.34
TBD
EEL Pricing
MRCs. The MRCs for an EEL wil generally be equal to the applicable MRCs for UNEs and
Multiplexing that comprise an EEL arrangement (e.g. UNE Loop, IDT, Multiplexing, & Clear
Channel Capability).
FCA 10 Comp v3.3a _07142010 182
Line Splitting (also referred to as "Loop Sharing,,)5 6
B. Other Charges
As Applicable per this Appendix A for UNE Local 2-Wire
Digital (DSL qualified) Loops Monthly Recurring Charges and
Non-Recurrng Charges as amended from time to time.
Includes, without limitation, Recurring 2-Wire Digital (DSL
qualified) Loop Charges, Service Order Charge (per order),
Service Connection Charge* (per loop), Service Connection-
Other Charge* (per loop), and Provisioning charges. Also
includes, without limitation, if applicable, Field Dispatch, TC
Not Ready, Loop Qualification, Engineering Query,
Engineering Work Order, Trouble Dispatch, Misdirects,
Dispatch In, Out, and Dispatch Expedites, Installation
Dispatch, Manual Intervention, Expedited, Digital Designed
Recurring and Non-Recurring Chargesi. Regrade $9.59 NRC
A. Unbundled Local Loops
ii. *Service Connection
*Service Connection/Other
A second Service Connection
NRC and Service Connection/
Other NRC applies on New
Loop Sharing Arrangements
involving the connection of
both voice and data
connections.
iii. Disconnect A disconnect NRC applies,
as applicable, on total Loop
Sharing disconnects.
iv. Line and Station Transfers
/Pair Swaps A LST/Pair Swap NRC
applies, as applicable, on LST
activity performed on New
Loop Sharing Arrangements.
C. Collocation Rates
Collocation Rates (including, without
limitation, Splitter Connection and
Installation Rates)
As Applicable per this Appendix A.
Rates for the individual line splitting components are contained in existing terms for Unbundled
Network Elements and Colloction.
This Pricing Attachment incorporates by reference the rates set forth in the Agreement for the
services and charges referenced herein. In the event this Priing Attchment refers to a service that is not available
under the Agreement, the Agreement shall control. Nothing in this Appendix A shall be deemed to require Frontier to
provide a service that the Agreement does not require Frontier to provide.
FCA 10 Comp v3.3a _07142010 183
NON-RECURRING CHARGES - LOOP AND NID
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search
$
$
166.32
4.21
Ordering and Provisioning
Loop:
ISO
Outside Facility Connection
$294.07
$49.31
$12.21
$68.30
$33.38
$42.69
Engineered Initial Service Order (ISO)
Non-Engineered ISO
Central Offce Connection
Outside Facilty Connection (See Note 1)
NID:
Custom Handling
Manual Ordering Charge $12.17
$25.80
$3.36
$17.76
$10.71
$9.59
$30.55
$42.83
$38.34
$6.40
$10.71
$9.59
Service Order Expedite:
Engineered Loop LSRs
All Other LSRs
Coordinated Conversions:
ISO
Central Offce Connection
Outside Facility Connection
Hot Coordinated Conversion First Hour:
ISO
Central Offce Connection
Outside Facilty Connection
Hot Coordinated Conversion per Additional Quarter Hour:
ISO
Central Offce Connection
Outside Facility Connection
Note 1: The Outside Loop Facilty Charge wil apply when fieldwork is required for establishment
of a new unbundled loop service.
FCA 10 Comp v3.3a _07142010 184
NON-RECURRING CHARGES - OTHER UNEs
Exchange - FDI Distribution Interconnection - Initial
Exchange - FDI Distribution Interconnection - Subsequent
Exchange - Serving Terminal Interconnection - Initial
Exchange - Serving Terminal Interconnection - Subsequent
Advanced - Service Inquiry Charge
Advanced -Interoffce Dedicated Transport -Initial
Advanced - Unbundled Loop - Initial
Intermediate Offce Cross Connect
Dark fiber Record Review (with reservations)
Dark Fiber Optional Engineering Services
$ 36.32
$ 15.01
$ 36.32
$ 15.01
$405.87
$ 64.80
$ 64.80
TBD
TBD
TBD
$ 26.88
$ 11.83
$ 26.88
$ 11.83
$ 61.90
$ 16.99
$ 28.99
$ 13.23
$ 30.36
$ 7.22
$ 15.51
$ 6.41
$405.65
$ 64.57
$ 64.57
N/A
$267.28
$261.86
N/A
$224.68
$220.43
Advanced - Basic (2-wire and 4-wire) - Initial $ 88.39 $ 56.13 $12.21 N/A
Advanced - Basic (2-wire and 4-wire) - Subsequent $ 38.02 $ 21.89 $ 12.21 N/A
DS1/DS3 - Initial $ 97.94 $ 65.68 $12.21 N/A
DS1/DS3 - Subsequent $ 38.02 $ 21.89 $ 12.21 N/A
DS3 to DS1 Multiplexer N/A N/A $450.00 N/A
DS1 to DSO Multiplexer N/A N/A $800.00 N/A
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)-
Additional MOG (Mass Order Generator) Only
Advanced - Complex (DS1 and above) Changeover (As Is)
Advanced - Complex (DS1 and above) Changeover (As Is)-
Additional MOG (Mass Order Generator) Only
FCA 10 Comp v3.3a _07142010 185
$161.87
$7.52
$179.37
$7.52
$99.77
$4.56
$117.27
$4.56
$41.64
$41.64
$41.64
$41.64
N/A
N/A
N/A
N/A
Loop Conditioning - Bridged Tap
Loop Conditioning - Load Coils
Loop Conditioning - Load Coils / Bridged Tap
N/A
N/A
N/A
N/A
N/A
N/A
$318.71
$249.91
$568.62
$ 34.88
$
$ 34.88
Advanced - Basic(2-wire and 4-wire) - Initial
Advanced - Basic (2-wire and 4-wire)- Subsequent
Advanced - Complex (DS1 and above) -Initial
Advanced - Complex (DS1 and above) - Subsequent
$ 95.49
$ 45.12
$105.04
$ 45.12
Exchange Products
Advanced Products
$ 3.36
$ 25.80
$ 63.01
$ 28.77
$ 72.56
$ 28.77
$ 3.36
$ 25.80
$428.58
$ 58.20
$584.49
$ 86.80
N/A
N/A
N/A
N/A
N/A
N/A
Customer Record Search (per account)
CLEC Account Establishment (per CLEC)
Design Change Charge - EELs and Transport
$ 4.21
$166.32
$40.96
$
$166.32
$40.96
N/A
N/A
N/A
These charges are interim and subject to retroctive true back to the Effective Oate of this
Agreement.8 A Line and Station Transfer (LST) Charge applies when Frontier arranges or rearranges an indivdual
circuit at a terminal or cross-onrict box to free up a pair or suitable facility at the required serve loction; examples
include an arrangement of copper to OLC, the rearrngement of 10LC to coper and the rearrangement of 10LC to UOLC.
FCA 10 Comp v3.3a _07142010 186
N/A
N/A
N/A
N/A
N/A
Engineering Query'U N/A N/A $ 183.99 N/A
Engineering Work Order"N/A N/A $ 94.40 N/A
Expedite Engineering Query'U '2 N/A N/A $ 41.67 N/A
Expedite Engineering Work Order" '2 N/A N/A $ 27.94 N/A
Clear Defective Pair N/A N/A $ 272.35 N/A
Reassignment of Non-Working Cable Pair N/A N/A $ 272.35 N/A
Binder Group Rearrangement N/A N/A $ 529.77 N/A
Repeater - Installation N/A N/A $1,597.10 N/A
Apparatus Case - Installation N/A N/A $2,992.81 N/A
Range Extenders - DSO Installation N/A N/A $ 809.72 N/A
Range Extenders - DS1 Installation N/A N/A $ 809.72 N/A
Channel Unit to Universal/Cotted DLC System (existing)N/A N/A $170.30 N/A
Serving Terminal-Installation/Upgrade N/A N/A Time and N/A
Material
Activate Dead Copper Pair N/A N/A $ 199.90 N/A
Multiplexer - 1/0 - Installation N/A N/A $12,211.41 N/A
Multiplexer - 1/0 - Reconfiguration N/A N/A $170.30 N/A
Multiplexer - 3/1 - Installation N/A N/A $26,981.19 N/A
Multiplexer - 3/1 - Reconfiguration N/A N/A $382.34 N/A
Multiplexer - Other - Installation N/A N/A Time and N/A
Material
Move Drop N/A N/A $109.28 N/A
Cross-Connection - Existing Fiber Facilty N/A N/A $346.93 N/A
Line Card - Installation N/A N/A $314.63 N/A
Copper Rearrangement N/A N/A $482.90 N/A
Central Offce Terminal -Installation N/A N/A $35,307.87 N/A
IDLC Only Condition N/A N/A $36,847.28 N/A
Other Required Modifications N/A N/A Time and N/A
Material
OTHER
Commingled Arrangements - per circuit NRC N/A N/A $ 50.00 N/A
Conversion - Service Order N/A N/A $ 19.33 N/A
Conversion - Installation per circuit N/A N/A $7.27 N/A
Circuit Retag - per circuit N/A N/A $ 59.43 N/A
This Appendix may contin rates and charges for (and/or reference) services, facilties, arrngements and the
like that Frontier does not have an obligation to provide under the Agreement (e.g., services. facilities, arrngements and
the like for which an unbundling requirement does not exist under 47 U.S.C. Section 251 (c)(3)). Notwithstanding any
such rates andor charges (and/or referencs) and. for the avoidance of any doubt, nothing in this Appendix shall be
deemed to require Frontier to provide a service. facility, arrangement or the like that the Agreement does not require
Frontier to provide, or to provide a service, facility, arrangement or the like upon rates. terms or conditions other than
those that may be required by the Agreement.
Engineering Query Charges apply in addition to charges for actual network modification and Engineering Work
Order charges where applicable.
10
11 Engineering Work Order Charges apply in addition to charges for actual netork modification and Engineering
Query charges where applicable.
12 Expedite Charges apply in addition to other listed raes.
FCA 10 Comp v3.3a _07142010 187
Dark Fiber - Dark Fiber Routine Network Modifications N/A N/A Time and N/A
Material
Application of NRCs
Preordering:
CLEC Account Establishment is a one-time charge applied the first time that FCA orders
any service from this Agreement.
Customer Record Search applies when FCA requests a summary of the services
currently subscribed to by the end-user.
Ordering and Provisioning:
Initial Service Order (ISO) applies to each Local Service Request (LSR) and Access
Service Request (ASR) for new service. Charge is Manual (e.g. for a faxed order) or
Semi-Mechanized (e.g. for an electronically transmitted order) based upon the method of
submission used by the CLEC.
Subsequent Service Order applies to each LSRlASR for modifications to an existing
service. Charge is Manual or Semi-Mechanized based upon the method of submission
used by the CLEC.
Advanced ISO applies per LSRlASR when engineering work activity is required to
complete the order.
Exchange ISO applies per LSRlASR when no engineering work activity is required to
complete the order.
Provisioning - Initial Unit applies per ISO for the first unit installed. The Additional Unit
applies for each additional unit installed on the same iSO.
Basic Provisioning applies to services that can be provisioned using standard network
components maintained in inventory without specialized instructions for switch
translations, routing, and service arrangements.
Complex Provisioning applies to services that require special instruction for the
provisioning of the service to meet the customer's needs.
Examples of services and their Ordering/Provisioning category that applies:
Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Sub-Loop Distribution, Drop
and NID.
Exchange-Complex: Non-loaded Sub-Loop Distribution and Loop Conditioning.
Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop
Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber and EELs.
Conditioning applies in addition to the iSO, for each Loop or Sub-Loop UNE for the
installation and grooming of Conditioning requests.
DS1 Clear Channel Capabilty applies in addition to the iSO, per DS1 for the installation
and grooming of DS1 Clear Channel Capabilty requests.
Changeover Charge applies to EEL orders when an existing retail, resale, or special
access service is already in place.
FCA 10 Comp v3.3a _07142010 188
Service Inquiry - Dark Fiber applies per service inquiry when a CLEC requests Frontier
to determine the availabilty of dark fiber on a specific route.
EELs - The NRCs that generally apply to an EEL arrangement are applicable ordering &
provisioning charges for EEL Loops, IDT, Multiplexing and Clear Channel Capability
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite applies if FCA requests service prior to the standard due date
intervals and the expedite request can be met by Frontier.
Coordinated Conversion applies if FCA requests notification and coordination of service
cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if FCA requests real-time coordination of
a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
Design Change Charge applies to EELs & Transport orders for design changes
requested by the CLEC.
FCA 10 Camp v3.3a _07142010 189
IV. Rates and Charges for 911
See State Access Tariff.
FCA 10 Comp v3.3a _07142010 190
V. Collocation Rates
Non-Recurring Prices
Engineering Costs
Engineering/Major Augment Fee
Minor Augment Fee
Access Card Administration (New/Replacement)
Cage Grounding Bar
DC Power
per occurrence
per occurrence
per card
per bar
Engineering
Cable PullfTermination
Ground Wire
per project
per cable
per wire
Overhead Superstructure per project
Facilty Cable or Fiber Optic Patchcord PullfTerminationEngineering per project
Facilty Cable Pull per cable run
Fiber Optic Patchcord Pull per cable runDSO Cable Termination per 100 pairDS1 Cable Termination per 28 pair
DS3 Coaxial Cable Termination (Preconnectorized) per termination
DS3 Coaxial Cable Termination (Unconnectorized) per terminationFiber Optic Patchcord Termination per termination
Fiber Cable Pull
Engineering
Place Innerduct
Pull Cable
Cable Fire Retardant
Fiber Cable Splice
Engineering
Splice Cable
BITS Timing
per project
per lin ft
per lin ft
per occurrence
per project
per fiber
per project
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
$1,129.00
200.00
22.00
1,437.55
75.43
1341.62
18.12
2,440.00
76.00
211.00
207.20
5.00
2.00
2.00
11.00
1.12
607.00
2.00
1.00
42.00
31.00
70.00
307.00
Monthly Recurring Prices
Caged Floor Space including Shared Access Area per sq ft MRC 5.00
DC Power per load amp MRC 14.79
Building Modification per request MRC 201.00
Environmental Conditioning per load amp MRC 2.28
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per DS3 MRC 11.00
Fiber Optic Patchcord per connector MRC 1.01
Cable Rack Space - Metallc per cable run MRC 2.00
Cable Rack Space - Fiber per innerduct ft MRC 0.02
FCA 10 Comp v3.3a _07142010 191
Fiber Optic Patchcord Duct Space per cable run MRC 0.56
Manhole Space - Fiber per project MRC 6.00
Subduct Space - Fiber per lin ft MRC 0.04
Cable Vault Splice
Fiber Cable - 48 Fiber
Material per splice MRC 10.00
Fiber Cable - 96 Fiber
Material per splice MRC 27.00
BITS Timing per occurrence MRC 11.00
FCA 10 Comp v3.3a _07142010 192
Non-Recurring Prices
Engineering Costs
Engineering/Major Augment Fee per occurrence NRC $1,129.00
Minor Augment Fee per occurrence NRC 200.00
Access Card Administration (New/Replacement)per card NRC 22.00
DC Power
Engineering per project NRC 75.43
Cable PulllTermination per cable NRC 1341.62
Ground Wire per wire NRC 18.12
Overhead Superstructure per project NRC 2,440.00
Facilty Cable or Fiber Optic Patchcord PulllTermination
Engineering per project NRC 76.00
Facility Pull per cable run NRC 211.00
Fiber Optic Patchcord Pull per cable run NRC 207.20
DSO Cable Termination per 100 pair NRC 5.00
DS1 Cable Termination per 28 pair NRC 2.00
DS3 Coaxial Cable Termination per termination NRC 2.00
(Preconnectorized)
DS3 Coaxial Cable Termination per termination NRC 11.00
(Unconnectorized)
Fiber Optic Patchcord Termination per termination NRC 1.12
Fiber Cable Pull
Engineering per project NRC 607.00
Place Innerduct per lin ft NRC 2.00
Pull Cable per lin ft NRC 1.00
Cable Fire Retardant per occurrence NRC 42.00
Fiber Cable Splice
Engineering per project NRC 31.00
Splice Cable per fiber NRC 70.00
BITS Timin9 per project NRC 307.00
Monthly Recurring Prices
Relay Rack Floor Space per lin ft MRC 20.00
DC Power per load amp MRC 14.79
Building Modification per request MRC 201.00
Environmental Conditioning per load amp MRC 2.28
Facility Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per DS3 MRC 11.00
Fiber Optic Patchcord per connector MRC 1.01
Cable Rack Space - Metallc per cable run MRC 2.00
Cable Rack Space. Fiber per innerduct ft MRC 0.02
Fiber Optic Patchcord Duct Space per cable run MRC 0.56
Manhole Space - Fiber per project MRC 6.00
FCA 10 Comp v3.3a _07142010 193
Elements
Subduct Space - Fiber
Cable Vault Splice
Fiber Cable - 48 Fiber
Material per splice MRC 10.00
Fiber Cable - 96 Fiber
Material per splice MRC 27.00
BITS Timing per occurrence MRC 11.00
FCA 10 Comp v3.3a _07142010 194
Non-Recurring Prices
Engineering Fee per occurrence NRC $958.00
Facilty Pull 1 lin ft NRC 2.00
Facilty Termination
DSO Cable
Connectorized per 100 pr NRC 5.00
U nconnectorized per 100 pr NRC 42.00
DS1 Cable
Connectorized per 28 pr NRC 2.00
Unconnectorized per 28 pr NRC 32.00
DS3 (Coaxial) Cable
Connectorized per DS3 NRC 2.00
Unconnectorized per DS3 NRC 11.00
Fiber per fiber term NRC 70.00
Monthly Recurring Prices
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per coaxial MRC 11.00
Cable Vault Space
Fiber Cable - 48 fiber
Space Utilzation per subduct MRC 1.00
Fiber Cable - 96 fiber
Space Utilzation per subduct MRC 1.00
Cable Rack Space
Metallc DSO 1 lin ft MRC 0.01
Metallc DS1 1 lin ft MRC 0.01
Fiber per innerduct ft MRC 0.02
Coaxial 1 lin ft MRC 0.01
FCA 10 Comp v3.3a _07142010 195
Non-Recurring Prices
Engineering Costs
Engineering/Major Augment Fee per occurrence NRC 557.81
Equipment Installation per quarter rack NRC 3,474.25
Softare Upgrades per base unit NRC 96.08
Card Installation per card NRC 222.52
DC Power
Engineering per project NRC 75.43
Cable PullfTermination per cable NRC 1341.62
Ground Wire per wire NRC 18.12
Facilty Cable or Fiber Optic Patchcord PulllTermination
Engineering per project NRC 76.00
Facilty Cable Pull per cable run NRC 211.00
Fiber Optic Patchcord Pull per cable run NRC 207.20
DSO Cable Termination per 100 pair NRC 5.00
DS1 Cable Termination per 28 pair NRC 2.00
DS3 Coaxial Cable Termination per termination NRC 2.00
(Preconnectorized)
DS3 Coaxial Cable Termination per termination NRC 11.00
(Unconnectorized)
Fiber Optic Patchcord Termination per termination NRC 1.12
Fiber Cable Pull
Engineering per project NRC 607.00
Place Innerduct per lin ft NRC 2.00
Pull Cable per lin ft NRC 1.00
Cable Fire Retardant per occurrence NRC 42.00
Fiber Cable Splice
Engineering per project NRC 31.00
Splice Cable per fiber NRC 70.00
BITS Timing per project NRC 307.00
Monthly Recurring Prices
Equipment Maintenance per quarter rack MRC 82.15
DC Power per load amp MRC 14.79
Environmental Conditioning per load amp MRC 2.28
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per DS3 MRC 11.00
Fiber Optic Patchcord per connector MRC 1.01
Cable Rack Space - Metallc per cable run MRC 2.00
Cable Rack Space - Fiber per innerduct ft MRC 0.02
Fiber Optic Patchcord Duct Space per cable run MRC 0.56
FCA 10 Comp v3.3a _07142010 196
Elements
Manhole Space - Fiber
Subduct Space - Fiber
Cable Vault Splice
Fiber Cable - 48 Fiber
Material
Fiber Cable - 96 Fiber
Material
BITS TiminQ
FCA 10 Comp v3.3a _07142010
per splice MRC 10.00
per splice MRC 27.00
per occurrence MRC 11.00
197
Elements
Non-Recurring Prices
Augment Fee per occurrence NRC 998.92
Facilty Pull
Engineering per project NRC 76.00
Labor per linear ft NRC 1.12
Building Penetration for Microwave Cable per occurrence NRC ICB
Special Work for Microwave per occurrence NRC ICB
Monthly Recurring Prices
Rooftop Space per sq ft MRC 4.65
FCA 10 Comp v3.3a _07142010 198
Non-Recurring Prices
DSO
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
per order
per order
per jumper
per order
DS1/DS3/Dark Fiber
Service Order - Semi-Mechanized
Service Order ~ Manual
Service Connection - CO Wiring
Service Connection - Provisioning
per order
per order
per jumper
per order
Lit Fiber
FCA 10 Comp v3.3a _07142010 199
NRC
NRC
NRC
NRC
21.89
38.02
7.20
64.95
NRC
NRC
NRC
NRC
21.89
38.02
17.59
78.57
ICB
Labor:
Overtime Installation Labor per rates below
Overtime Repair Labor per rates below
Additional Installation Testing Labor per rates below
Standby Labor per rates below
Testing & Maintenance with Other Telcos, Labor per rates below
Other Labor per rates below
Labor Rates:
Basic Time, Business Day, Per Technician
First Half Hour or Fraction Thereof NRC $42.83
Each Additional Half Hour or Fraction Thereof NRC 21.41
Overtime, Outside the Business Day
First Half Hour or Fraction Thereof NRC 100.00
Each Additional Half Hour or Fraction Thereof NRC 75.00
Prem.Time,Outside Business Day, Per Tech
First Half Hour or Fraction Thereof NRC 150.00
Each Additional Half Hour or Fraction Thereof NRC 125.00
Cable Material
Facilty Cable-DSO Cable (Connectorized) 100 per cable run NRC 324.00
pair
Facility Cable-DS1 Cable (Connectorized)per cable run NRC 301.00
Facility Cable-DS3 Coaxial Cable per cable run NRC 82.00
Fiber Optic Patchcord - 24 Fiber (Connectorized)per cable run NRC 810.30
Power Cable-Wire Power 1/0 per cable run NRC 91.00
Power Cable-Wire Power 2/0 per cable run NRC 132.00
Power Cable-Wire Power 3/0 per cable run NRC 146.00
Power Cable-Wire Power 4/0 per cable run NRC 180.00
Power Cable-Wire Power 350 MCM per cable run NRC 307.00
Power Cable-Wire Power 500 MCM per cable run NRC 428.00
Power Cable-Wire Power 750 MCM per cable run NRC 658.00
Facilty Cable - Category 5 Connectorized per linear ft NRC 1.07
Collocation Space Report per premise NRC 1,218.00
FCA 10 Comp v3.3a _07142010 200
DESCRIPTION AND APPLICATION OF RATE ELEMENTS
Non-Recurring Charges
The following are non-recurring charges (one-time charges) that apply for specific work activity:
Engineering/Major Augment Fee. The Engineering/Major Augment Fee applies for each initial
Caged, Cageless, Virtual, or Microwave collocation request and major augment requests for
existing Caged, Cageless, and Virtual collocation arrangements. This charge recovers the costs
of the initial walkthrough to determine if there is suffcient collocation space, the best location for
the collocation area, what building modifications are necessary to provide collocation, and if
suffcient DC power facilities exist in the premises to accommodate collocation. This fee also
includes the total time for the Building Services Engineer and the time for the Outside Plant and
Central Offce Engineers to attend status meetings.
Engineering/Major Augment Fee (Microwave Only), The Engineering/Major Augment Fee for
Microwave Collocation applies when an existing Caged and Cage less collocation arrangement is
augmented with newly installed microwave antennae and other exterior facilties. This charge
recovers the costs of the initial walkthrough to determine if there is suffcient space, the best
location for the microwave antennae and other exterior facilties, what building modifications are
necessary, if any, and if suffcient support facilties exist in the premises to accommodate the
microwave antennae and other exterior facilities. This fee also includes the total time for the
Building Services Engineer to coordinate the entire project.
Minor Augment Fee. The Minor Augment Fee applies for each minor augment request of an
Existing Caged, Cageless, Virtual, or Microwave collocation arrangement that does not require
additional AC or DC power systems, HVAC system upgrades, or additional cage space. Minor
augments are those requests that require the Company to perfrm a service or function on behalf
of the CLEC including, but not limited to: installation of Virtual equipment cards or softare
upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities,
and requests to terminate DSO, DS1 and DS3 cables.
Access Card Administration. The Access Card Administration rate covers activities associated
with the issuance and management of premises access cards. The rate is applied on a per card
basis.
Cage Grounding Bar. The Cage Grounding Bar rate recovers the material and labor costs to
provision a ground bar, including necessary ground wire, in the collocator's cage.
BITS Timing. The non-recurring charge for BITS Timing includes engineering, materials, and
labor costs to wire a BITS port to the CLEC's equipment. If requested, it is applied on a per
project basis.
Overhead Superstructure. The Overhead Superstructure charge is applied for each initial caged
and cageless collocation application. The Overhead Superstructure charge is designed to
recover Frontier's engineering, material, and installation costs for extending dedicated overhead
superstructure.
Facilty Cable or Fiber Optic Patchcord PulllTermination-Engineering. The Facilty Cable or Fiber
Optic Patchcord PulllTermination-Engineering charge is applied per project to recover the
engineering costs of pullng and terminating the interconnection wire (cable or fiber patchcord)
from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber
distribution paneL. The charge would also apply per project to recover the engineering costs of
pullng transmission cable from microwave antennae facilities on the rooftop to the collocation
cage or relay rack.
FCA 10 Comp v3.3a _07142010 201
Facilty Pull. The Facilty Pull charge is applied per cable run and recovers the labor cost of
pullng metallc cable or fiber optic patchcord from the collocation cage or relay rack to the Main
Distribution Frame block, DSX panel, or fiber distribution paneL.
Cable Termination. The Cable Termination charge is applied per cable or fiber optic patchcord
terminated and is designed to recover the labor cost of terminating or disconnecting transmission
cable or fiber optic patch cord from the collocation cage or relay rack to the Main Distribution
Frame block, DSX panel, or fiber distribution paneL.
Fiber Cable Pull-Engineering. The Fiber Cable Pull-Engineering charge is applied per project to
cover the engineering costs for pullng the CLEC's fiber cable, when necessary, into Frontier's
central offce.
Fiber Cable Pull-Place Innerduct The Fiber Cable Pull-Place Innerduct charge is applied per
linear foot to cover the cost of placing innerduct. Innerduct is the split plastic duct placed from the
cable vault to the CLEC's equipment area through which the CLEC's fiber cable is pulled.
Fiber Cable Pull-Labor. This charge is applied per linear foot and covers the labor costs of pullng
the CLEC's fiber cable into Frontier's central offce.
Fiber Cable Pull-Fire Retardant. This charge is associated with the fillng of space around cables
extending through walls and between floors with a non-flammable material to prevent fire from
spreading from one room or floor to another.
Fiber Optic Patchcord Termination. The Fiber Optic Patchcord Termination is applied per fiber
cable termination and recovers the labor cost to terminate the fiber optic patchcord cable.
Fiber Splice-Engineering. The Fiber Splice-Engineering charge is applied per project and covers
the engineering costs for fiber cable splicing projects.
Fiber Splice. The Fiber Splice charge is applied per fiber cable spliced and recovers the labor
cost associated with the splicing.
DC Power. Non-recurring charges for DC Power are applied for each caged, cageless, and
virtual collocation application and major DC Power augments to existing arrangements. These
charges recover Frontier's engineering and installation costs for pullng and terminating DC power
cables to the collocation area. For initial applications, each DC Power feed wil require two (2)
cables.
Cable Material Charges. The CLEC has the option of providing its own cable or Frontier may, at
the CLEC's request, provide the necessary transmission and power cables for caged, cageless,
and virtual collocation arrangements. If Frontier provides these cables, the applicable Cable
Material Charge wil be charged.
Adjacent Engineering Fee. The Adjacent Engineering Fee provides for the initial activities of the
Central Offce Equipment Engineer, Land & Building Engineer and the Outside Plant Engineer
associated with determining the capabilties of providing Adjacent On-Site collocation. The labor
charges are for an on-site visit, preliminary investigation of the manhole/conduit systems, wire
center and propert, and contacting other agencies that could impact the provisioning of adjacent
collocation.
Adjacent Facility Pull-Labor. This charge covers the labor of running the interconnection wire
(cable) from the main distribution frame connector to a termination block or DSX paneL.
Adjacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable for
adjacent collocation to the main distribution frame block or DSX paneL.
FCA 10 Comp v3.3a _07142010 202
Collocation Space Report. When requested by a CLEC, Frontier wil submit a report that
indicates Frontier's available collocation space in a particular premise. The report wil be issued
within ten calendar days of the request. The report wil specify the amount of collocation space
available at each requested premise, the number of collocators, and any modifications in the use
of the space since the last report. The report wil also include measures that Frontier is taking to
make additional space available for collocation.
Miscellaneous Services Labor. Additional labor, if required, by Frontier to complete a collocation
request, disconnect collocation power cables, remove collocation equipments, or perform
inventory services for CLECs.
Facility Pull (Microwave Only). The Facilty Pull charge is applied per linear foot and recovers the
labor cost of pulling transmission cable from the microwave antennae and other exterior facilities
on the rooftop to the transmission equipment in the collocation cage or relay rack.
Building Penetration for Microwave Cable. The reasonable costs to penetrate buildings for
microwave cable to connect microwave antennae facilties and other exterior facilities to the
transmission equipment in the collocation cage or relay rack wil be determined and applied on an
individual case basis, where technically feasible, as determined by the initial and subsequent
Engineering surveys.
Special Work for Microwave. The costs incurred by Frontier for installation of CLEC's microwave
antennae and other exterior facilities that are not recovered via other microwave rate elements
wil be determined and applied on an individual case basis.
Virtual Equipment Installation. The Virtual Equipment Installation charge is applied on a per quarter
rack (or quarter bay) basis and recovers the costs incurred by Frontier for engineering and
installation of the virtual collocation equipment. This charge would apply to the installation of powered
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
0C48, and NGDLC. This charge does not apply for the installation of splitters.
Virtual Softare Upgrade. The Virtual Softre Upgrade charge is applied per base unit when
Frontier, upon CLEC request, installs softare to upgrade equipment for an existing Virtual
Collocation arrangement.
Virtual Card Installation. The Virtual Card Installation charge is applied per card when Frontier, upon
CLEC request, installs additional cards for an existing Virtual Collocation arrangement.
Dedicated Transit Service (DTS) Service Order Charge. Applied per DTS order to the requesting
CLEC for recovery of DTS order placement and issuance costs. The manual charge applies when
the semi-mechanized ordering interface is not used.
Dedicated Transit Service (DTS) - Service Connection CO Wiring. Applied perOTS circuit to the
requesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DSO, DS1, DS3,
and dark fiber circuits.
Dedicated Transit Service (DTS) - Service Connection Provisioning. Applied per DTS order to the
request CLEC for recovery of circuit design and labor costs associated with the provisioning of DSO,
DS1, DS3, and dark fiber circuits for DTS.
FCA 10 Comp v3.3a _07142010 203
Monthly Recurring Charges
The following are monthly charges. Monthly charges apply each month or fraction thereof that
Collocation Service is provided.
Caged Floor Space. Caged Floor Space is the cost per square foot to provide environmentally
conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has
proper humidification and temperature controls to house telecommunications equipment. The
cost includes only that which relates directly to the land and building space itself.
Relay Rack Floor Space. The Relay Rack Floor Space charge provides for the environmentally
conditioned floor space that a relay rack occupies based on linear feet. The standardized relay
rack floor space depth is based on half the aisle area in front and back of the rack, and the depth
of the equipment that wil be placed within the rack.
Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost of
the space that the outside plant fiber occupies within the manhole.
Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the
outside plant fiber occupies and applies on a per linear foot basis.
Fiber Cable Vault Splice. The Fiber Cable Vault Splice charge applies per splice and covers the
space and material cost associated with the CLEC's fiber cable splice within Frontier's cable
vault.
Cable Rack Space-Metallc. The Cable Space-Metallc charge is applied for each DSO, DS1 and
DS3 cable run. The charge is designed to recover the space utilization cost that the CLEC's
metallc and coaxial cable occupies within Frontier.
Cable Rack Space-Fiber. The Cable Rack Space-Fiber charge recovers the space utilization
cost that the CLEC's fiber cable occupies within Frontier's cable rack system.
Fiber Optic Patchcord Duct Space. The Fiber Optic Duct Space rate element is applied per cable
run and recovers the cost for the central offce duct space occupied by the fiber optic patchcord
cable.
DC Power. The DC Power monthly charge is applied on a per load amp basis with a 10 amp
minimum for each caged, cageless, and virtual collocation arrangement. This charge is designed
to recover the monthly facility and utility expense to power the collocation equipment.
Facilty Termination. This charge is applied per cable terminated. This charge is designed to
recover the labor and material costs of the applicable main distribution frame 100 pair circuit
block, DSX facility termination panel, or fiber distribution paneL.
BITS Timing. The BITS Timing monthly charge is designed to recover equipment and installation
cost to provide synchronized timing for electronic communications equipment. This rate is based
on a per port cost.
Building Modification. The Building Modification monthly charge is applied to each caged and
cageless arrangement and is associated with provisioning the following items in Frontier's
premises: security, dust parttion, ventilation ducts, demolition/site work, lighting, outlets, and
grounding equipment.
Environmental Conditioning. The Environmental Conditioning charge is applied to each caged,
cageless, and virtual arrangement on a per load amp increment (10 amp minimum) based on the
FCA 10 Comp v3.3a _07142010 204
CLEC's DC Power requirements. This charge is associated with the provisioning of heating,
ventilation, and air conditioning systems for the CLEC's equipment in Frontier's premises.
Adjacent Cable Vault Space. The Adjacent Cable Vault Space charge covers the cost of the
space the CLEC's cable occupies within the cable vault. The charge is based on the diameter of
the cable or subduct.
Adjacent Cable Rack Space. This charge covers the space utilzation cost that the CLEC's fiber,
metallc or coaxial cable occupies within the cable rack system. The charge is based on the
linear feet occupied.
Microwave Rooftop Space. Microwave Rooftop Space is the cost per square foot to provide
rooftop space to the CLEC for microwave antennae and other exterior facilities. The cost
includes only that which relates directly to the land and building space itself.
Virtual Equipment Maintenance. The Virtual Equipment Maintenance charge is applied on a per
quarter rack (or quarter bay) basis and recovers the costs incurred by the Company for maintenance
of the CLEC's virtual collocation equipment. This charge would apply to the maintenance of
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
0C48, and NGDLC. This charge does not apply for the maintenance of splitters.
FCA 10 Comp v3.3a _07142010 205
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT
Technical Specifications and Requirements
for
FCA - FRONTIER COMMUNICATIONS NORTHWEST INC.
Fiber Meet Arrangement No. (XX
The following technical specifications and requirements wil apply to FCA - Frontier
Communications Northwest Inc. Fiber Meet Arrangement (NUMBER) ("FM No. (XX)":
1. FM No. (XX) wil provide interconnection facilties for the exchange of applicable traffc (as
set forth in the Amendment) between Frontier's (NAME OF T ANDEM/END OFFICE) and
FCA 's (NAME OF TANDEM/END OFFICE) in the State of Idaho. A diagram of FM No.
(XX) is included as Exhibit A-1.
2. Fiber Meet Points ("FMPs").
2.1 FM No. (XX) wil be configured as shown on Exhibit A-1. FM No. (XX) wil have
two FMPs. Neither FMP is more than three (3) miles from the nearest Frontier
Tandem or End Offce.
2.2 Frontier will provision a Fiber Network Interface Device ("FNID") at (POLE XX,
STREET YY, TOWN 12, STATE) and terminate L- strands of its fiber optic
cable in the FNID. The FNID provisioned by Frontier wil be a
(MANUFACTURER, MODEl) Frontier wil bear the cost of installng and
maintaining its FNID. The fiber patch panel within Frontier's FNID will serve as
FMP NO.1. Frontier wil provide a fiber stub at the fiber patch panel in Frontier's
FNID for FCA to connect L- strands of its fiber cable L- connectors.
Frontier's FNID will be locked, but Frontier and FCA wil have 24 hour access to
their respective side of the fiber patch panel located in Frontier's FNID.
2.3 FCA wil provision a FNID at (POLE XX, STREET YY, TOWN 12, STATE) and
terminate L- strands of its fiber optic cable in the FNID. The FNID
provisioned by FCA wil be a (MANUFACTURER, MODEL). FCA wil bear the
cost of installng and maintaining its FNID. The fiber patch panel within FCA's
FNID wil serve as FMP NO.2. FCA wil provide a fiber stub at the fiber patch
panel in FCA 's FNID for Frontier to connect L- strands of its fiber cable.
FCA 's FNID wil be locked, but FCA and Frontier wil have 24 hour access to
their respective side of the fiber patch panel located in FCA 's FNID.
3. Transmission Characteristics.
3.1 FM No. (XX) will be built (as a ring configuration).
3.2 The transmission interface for FM No. (XX) wil be (Synchronous Optical Network
("SONET")).
FCA 10 Comp v3.3a _07142010 206
3.3 Terminating equipment shall comply with (SONET transmission requirements as
specified in Telcordia Technologies document GR-253 CORE (Tables 4-3
through 4-11 )).
3.4 The optical transmitters and receivers shall provide adequate power for the end-
to-end length of the fiber cable to be traversed.
3.5 The optical transmission rate wil be (Unidirectional) OC-(XX).
3.6 The path switch protection shall be set as (Non-Revertive).
3.7 Frontier and FCA shall provide (Primary Reference Source traceable timing).
4. Add Drop Multiplexer.
4.1 Frontier will, at its own cost, obtain and install (at its own premise) its own Add
Drop Multiplexer. Frontier wil use a (MANUFACTURER, MODEL) Add Drop
Multiplexer with firmware release of (X.x) at the network leveL. Before making
any upgrade or change to the firmware of its Add Drop Multiplexer, Frontier must
provide FCA with fourteen (14) days advance written notice that describes the
upgrade or change to its firmware and states the date on which such firmware
wil be activated in Frontier's Add Drop Multiplexer.
4.2 FCA wil, at its own cost, obtain and install (at its own premise) its own Add Drop
Multiplexer. FCA wil use a (MANUFACTURER, MODEL) Add Drop Multiplexer
with firmware release of (X.x) at the network leveL. Before making any upgrade
or change to the firmware of its Add Drop Multiplexer, FCA must provide Frontier
with fourteen (14) days advance written notice that describes the upgrade or
change to its firmware and states the date on which such firmware or softare
wil be activated in FCA 's Add Drop Multiplexer.
4.3 FCA and Frontier wil monitor all firmware upgrades and changes to observe for
any failures or anomalies adversely affecting service or administration. If any
upgrade or change to firmware adversely affects service or administration of FM
No. (XX), the firmware wil be removed from the Add Drop Multiplexer and wil
revert to the previous version of firmware.
4.4 The Data Communication Channel shall be disabled between the Frontier and
FCA Add Drop Multiplexers of FM No. (XX).
5. Testing.
5.1 Prior to turn-up of FM No. (XX), Frontier and FCA wil mutually develop and
implement testing procedures for FM No. (XX)
6. Connecting Facility Assignment ("CFA") and Slot Assignment Allocation ("SAA").
6.1 For one-way and two-way trunk arrangements, the SAA information wil be
turned over to FCA as a final step of turn up of the FM No. (XX).
6.2 For one-way trunk arrangements, Frontier wil control the CFA for the subtending
facilties and trunks connected to Frontier's slots and FCA wil control the CFA for
the subtending facilties and trunks connected to FCA 's slots. FCA wil place
facilty orders against the first half of the fully configured slots (for example, slots
1-6 of a fully configured OC12) and Frontier wil place orders against the second
FCA 10 Camp v3.3a _07142010 207
half of the slots (for example, slots 7-12). If either Part needs the other Party's
additional slot capacity to place orders, this wil be negotiated and assigned on a
case-by-case basis. For SAA, Frontier and FCA shall jointly designate the slot
assignments for Frontier's Add Drop Multiplexers and FCA 's Add Drop
Multiplexer in FM No. (XX).
6.3 For two-way trunk arrangements, FCA shall control the CFA for the subtending
facilties and trunks connected to FM No. (XX). FCA shall place facilty and trunk
orders against the total available SAA capacity of FM No. (XX).
7. Inventory, Provisioning and Maintenance, Surveilance. and Restoration.
7.1 Frontier and FCA wil inventory FM No. (XX) in their operational support systems
before the order flow begins.
7.2 Frontier and FCA will notify each othets respective Maintenance Control Offce
of all troubleshooting and scheduled maintenance activity to be performed on FM
No. (XX) facilities prior to undertaking such work, and wil advise each other of
the trouble reporting and maintenance control point contact numbers and the
days and hours of operation. Each Part shall provide a timely response to the
other Party's action requests or status inquiries.
7.3 Frontier wil be responsible for the provisioning and maintenance of the FM No.
(XX) transport facilties on Frontier's side of the FMPs, as well as delivering its
applicable traffc to the FMPs. FCA wil be responsible for the provisioning and
maintenance of the FM No. (XX) transport facilities on the FCA 's side of the
FMPs, as well as delivering its applicable traffc to the FMPs. As such, other
than payment of any applicable intercarrier compensation charges pursuant to
the terms of the Agreement, neither Part shall have any obligation to pay the
other Party any charges in connecton with FM No. (XX).
7.4 Frontier and FCA wil provide alarm surveilance for their respective FM No. (XX)
transport facilities. Frontier and FCA will notify each other's respective
maintenance control offce of all troubleshooting and scheduled maintenance
activity to be performed on the facilty prior to undertaking such work, and wil
advise each other of the trouble reporting and maintenance control point contact
numbers and the days and hours of operation.
8. Cancellation or Modification of FM No. (XX).
8.1 Except as otherwise provided in this Section 8, all expenses and costs
associated with the construction, operation, use and maintenance of FM No. (XX)
on each Part's respective side of the FMPs will be borne by such Part.
8.2 If either Part terminates the construction of the FM No. (X) before it is used to
exchange traffc, the Part terminating the construction of FM No. (XX) will
compensate the other Part for that Party's reasonable actual incurred
construction and/or implementation expenses.
8.3 If either Party proposes to move or change FM No. (XX) as set forth in this
document, at any time before or after it is used to exchange traffc, the Party
requesting the move or change will compensate the other Part for that Party's
reasonable actual incurred construction and/or implementation expenses.
Augments, moves and changes to FM No. (XX) as set forth in this document
must be mutually agreed upon by the Parties in writing.
FCA 10 Comp v3.3a _07142010 208
***CUSTOMER***FRONTIER COMMUNICATIONS NORTHWEST
INC.
By:
TO BE EXECUTED AT A LATER DATE
Date:
FCA 10 Comp v3.3a _07142010 209
FCA 10 Comp v3.3a
ExhibitA-1
FCA - FRONTIER COMMUNICATIONS NORTHWEST INC.
Fiber Meet Arrangement No. (XX
City, State
210