20040412Amendment to Petition.pdf

JOSEPH MCNEAL
PAGEDATAAND
W A VESENT LLC
6610 Overland Rd.
Boise, ill 83715
[phone]
Attorney Pro Se
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF PAGEDATA'S PETITION
FOR ARBITRATION OF INTERCONNECTION
RATES, TERMS AND CONDITIONS AND
RELATED ARRANGEMENTS WITH QWEST
CORPORATION PURSUANT TO SECTION 252(B)
OF THE FEDERAL TELECOMMUNICATIONS
ACT
IN THE MATTER OF WAVE SENT LLC'
PETITION OFR ARBITRATION OF INTER-
CONNECTION RATES, TERMS AND CONDI-
TIONS AND RELATED ARRANGEMENTS WITH
QWEST CORPORATION PURSUANT TO
SECTION 252(B) OF THE FEDERAL
TELECOMMUNICATIONS ACT.
) CASE NO. GNR-04-
CASE NO. GNR-04-
WAVE SENT AND PAGEDATA'
AMENDMENT TO PETITION
WaveSent LLC ("WaveSent ) and Joseph B. McNeal, d/b/a PageData
PageData ), hereby submit this Amendment to Petition to the Idaho Public Utility
Commission ("Commission ) under Rule 66, IPUC Rules of Procedure, IDAP A
31.01.01.
WaveSent and PageData initiated their Petitions to the Commission
because of the FCC issuance of its Notice of Apparent Liability ("NAL") in the Matter of
W aveSent and PageData Amendment to Petition - 1
Qwest Corporation ("Qwest") Apparent Liability for Forfeiture on March 12, 2004;
Qwest's failure to negotiate in good faith; Qwest's distortion of WaveSent and
PageData current interconnection agreements; Qwest's denial of WaveSent and
PageData s statutory rights under Sections 251 and 252; Qwest's obstruction of and
interference with WaveSent and PageData s businesses; disputes with Qwest over
Section 2.4 of the current interconnection agreements with WaveSent and PageData
which discusses the right to terminate Internet and enhanced traffic; Qwest's obligations
to pay reciprocal compensation for terminating Qwest-originated traffic; and Qwest's
obligation to interconnect with PageData at a single point of presence ("SPOP"
Throughout the dispute Qwest has fabricated over thirty disputed items outlined by
WaveSent and PageData in their Matrices of Unresolved Issues (Exhibits B to original
Petitions).
WaveSent and PageData believe that the current interconnection
agreement allows for the termination of Internet and enhanced traffic and that Qwest was
aware of the types of traffic that WaveSent and PageData intended to terminate through
procedures at the Commission, Idaho Supreme Court, and federal court. WaveSent and
PageData acknowledge that there are no provisions in the current interconnection
agreement to bill for reciprocal compensation for the termination of Internet and
enhanced services traffic. WaveSent and PageData have not billed Qwest for termination
of such traffic. Qwest has taken actions to penalize WaveSent and PageData for the
termination of Internet and enhanced traffic, but have not provided any evidence that
WaveSent and PageData have billed Qwest for such traffic.
Wave Sent and PageData Amendment to Petition - 2
WaveSent and PageData seek to amend the Petition to request that the
Commission first make a ruling on the current interconnection agreement and whether
WaveSent and PageData s position is correct or whether Qwest's position is correct, and
then if necessary proceed with the 252(i) and 252(b) requests. This ruling will allow the
parties and the Commission to utilize their time and resources efficiently and allow the
Commission to even the playing field more quickly.
WaveSent and PageData seek arbitration under Sections 252(i) and 252(b)
if the Commission determines that WaveSent and PageData s interpretation of Section
2.4 of the interconnection agreements is in error and accepts Qwest's interpretation of
Section 2.4.
The root of the entire dispute between PageData, WaveSent and Qwest is
in several parts:
(a) Qwest's interpretation of Section 2.4 of the interconnection agreement
is that Qwest can restrict WaveSent and PageData from terminating
Internet and enhanced services traffic. (See Exhibit A, Comparison of
Section 2.4 in Various Qwest Interconnection Agreements)
(b) Because WaveSent and PageData have terminated Internet traffic
Qwest believes it can withhold the flat rate 6000 MOU per trunk
reciprocal compensation from WaveSent and PageData for terminating
Internet traffic.
(c) Qwest is now complaining that it is paying WaveSent and PageData
too much reciprocal compensation, even though Qwest has not
WaveSent and PageData Amendment to Petition - 3
actually paid one dime of reciprocal compensation since signing the
interconnection agreements.
(d) Qwest, by letter dated March 5, 2004, from Barbara Newman (Senior
Access Manager), disputed Wave Sent and PageData reciprocal
compensation invoices. PageData had been submitting flat rate
invoices for reciprocal compensation for 11 months and WaveSent for
approximately 2 months. (See Exhibit B, Sample Reciprocal
Compensation Invoices and Format Approval by Qwest for Payment.)
Qwest stated they were not going to pay the flat rate reciprocal
compensation because of the termination of Internet traffic. It would
be interesting to see how Qwest would react if one of its residential
customers said that they were not going to pay their flat rate monthly
phone bill because they were in Arizona for the winter and did not use
their telephone. Qwest's stance against WaveSent and PageData is
similar to this example.
( e) WaveSent and PageData asked Qwest to point out in the agreement
where it says that WaveSent and PageData were prohibited from
terminating Internet traffic. Qwest failed to respond with this
information despite many requests. WaveSent and PageData pointed
out a letter dated June 4, 2003 , from Bob McKenna, (See Exhibit C)
which clarified Wave Sent and PageData position to terminate
Internet traffic as long as WaveSent and PageData did not bill Qwest
for terminating such traffic. Trying to split hairs and using
WaveSent and PageData Amendment to Petition - 4
prestidigitation, Qwest attorneys then hinged not paYIng reciprocal
compensation on the termination of enhanced traffic from continuous
paging. Then Wave Sent and PageData, by letters dated March 25
2004, notified Qwest that WaveSent and PageData had not terminated
enhanced traffic and Qwest was stuck. During this time, Qwest
decided not to install PageData s long sought after (over 6 years)
SPOP and broke a firm order commitment date of March 15 , 2004
(See Exhibit D) simultaneously interfering with PageData s purchase
of telecommunications companies.
(f) By putting Firm Order Commitments for PageData s 12 Tis on
indefinite legal hold, Qwest has violated Section 2.2 of the current
interconnection agreement Section 251 (c )(2)(b), (c) and (d),
251(c)(3), and a written commitment dated June 4, 2003 , from Qwest
attorney, Bob McKenna, to install PageData s SPOP facilities.
Included in that letter from Mr. McKenna was a commitment from
Qwest that WaveSent and PageData could terminate Internet traffic as
long as they did not charge Qwest reciprocal compensation for
terminating such traffic. It is WaveSent and PageData s understanding
that Mr. McKenna s letter was just reiterating Section 2.4 of the
current interconnection agreement.
(g) It is WaveSent and PageData s belief that under Section 2.2 of the
current interconnection agreement and Sections 251(a), 251(c)(2), and
251(c)(3) that if Qwest delivers Internet and enhanced services traffic
WaveSent and PageData Amendment to Petition - 5
to any carrier that can terminate paging traffic, Qwest has to deliver
Internet and enhanced services traffic to WaveSent and PageData.
WEST shall provide interconnection and
interconnection facilities for Paging Connection Service
that are equal in quality to what U S WEST provides itself,
its affiliates, or other carriers. (Section of the current
interconnection agreement)
Note, the Verizon Wireless agreement includes provisions for
terminating paging traffic as evidenced by the following excerpt from
the rates section, Appendix A:
Description USOC Non Recurring Recurring
2 wire AnalOg (trunk side termination)
2A-l way in (Paging)P231X 263.38.
4 wire AnalOg (trunk side ternunation)
2A-l way m (Paging)P431X 263.73.
4 wue Digital (trunk side termination)
2A-l way in (paging)P4YIX 78.N/A
47 C.R. Section 51.809(a) says:
An incumbent LEC shall make available without unreasonable
delay to any requesting telecommunications carrier any
individual interconnection, service or network element
arrangement contained in any agreement to which it is a party
that is approved by a state commission pursuant to section 252
of the Act, upon the same rates, terms and conditions as those
provided in the agreement. An incumbent LEC may not limit
the availability of any individual interconnection. service.
or network element only to those reauestin2 carriers
servin2 a comparable class of subscribers or providin2 the
same service (i.e.. local. access. or interexchan2e) as the
ori2inal party to the a2reement.(Emphasis added)
(h) Qwest is claiming that WaveSent and PageData have ordered too
many facilities for their SPOP just to collect the flat rate 6000 MOU
per trunk reciprocal compensation, despite numerous joint-planning
WaveSent and PageData Amendment to Petition - 6
sessions to determine the SPOP network design with Qwest. The
Commission staff mediated these joint-planning meetings. Meeting
minutes and action lists are available for the Commission s review. It
was decided in the meetings that WaveSent would order its facilities
first, beginning with the Boise SPOP. Then Qwest would install
PageData s facilities. WaveSent has included a diagram (See Exhibit
E) provided to Qwest during the mediated joint-planning meetings
showing a three-LATA network using Internet and continuous paging
in the proprietary data cloud. The configuration of the Boise, Idaho
SPOP, including the number and locations of Tis required, was
discussed throughout the joint-planning meetings. WaveSent has also
attached (See Exhibit E) the initial diagrams of the Boise, Idaho SPOP
prepared by Qwest personnel for the joint-planning meetings. The
diagrams show that WaveSent and Qwest initially agreed on lOT 1
During the joint-planning meetings it was discussed that facilities
under the two different interconnection agreements adopted by
WaveSent (Arch & Verizon) could not be combined on one DS3 as
proposed by WaveSent. The SPOP amendment and the meeting
minutes will show that Qwest required separate trunk groups for each
local tandem in the SPOP. The network design is covered by Section
and the SPOP amendment of the current interconnection
agreement. For example, a DS 1 level is the minimum connection that
Qwest would provide Verizon under its agreement.
WaveSent and PageData Amendment to Petition - 7
Trunk group connections will be made at a DS 1 or multiple
DSI level for exchange of EAS/local, intraLATA toll
wireless/Commercial Mobile Radio Service, and switched
access traffic. Ancillary service trunk groups will be made
below a DS 1 level, as negotiated. (Section Verizon
Wireless interconnection agreement)
Qwest is required to interconnect with WaveSent and PageData in the
same manner under 251(a), 251(c)(2), 251(c)(3) and Section 2.2 of
the current interconnection agreement.
WEST shall provide interconnection and
interconnection facilities for Paging Connection Service
that are equal in quality to what U S WEST provides itself
its affiliates, or other carriers. (Section of the current
interconnection agreement)
A similar design for WaveSent and PageData was agreed to in the joint
planning sessions with Qwest before Qwest accepted any ASR orders
for processing from WaveSent and PageData.
WaveSent and PageData have made it quite clear to Qwest and the
Commission of their desire to terminate Internet and enhanced services, which are legal
activities under the Act and their current interconnection agreements as part of their
telecommunications service offerings. It has been Qwest's goal to delay, hinder, and
obstruct WaveSent and PageData from terminating such traffic.
WaveSent and PageData believe they are in compliance with their current
interconnection agreements because there is nothing in the interconnection agreements
that restrict WaveSent and PageData from terminating Internet or enhanced services
traffic. Before the Commission, WaveSent, PageData, and Qwest get into a long drawn-
WaveSent and PageData Amendment to Petition - 8
out 252(i) or 252(b) negotiation, WaveSent and PageData believe the Commission needs
to rule whether or not WaveSent and PageData interpretation of the current
interconnection agreements is correct and whether or not WaveSent and PageData are in
compliance with their current interconnection agreements. This decision would save
considerable amount of time and resources and is the most economical way to proceed.
If WaveSent and PageData s interpretation of the current interconnection
agreement is correct there would be no need for the Commission to make a ruling about
WaveSent and PageData s continuous paging because the flat rate 6000 MOU per trunk
would protect Qwest from the massive amounts of MOUs continuous paging would use
and WaveSent and PageData would be able to terminate any lawful telecommunications
traffic on their switches as intended by Congress when it passed the Act.
10.WaveSent and PageData would not require changes to the interconnection
agreements under 252(i) or new interconnection agreements under 252(b) if the
Commission makes a ruling that WaveSent and PageData s position on the current
interconnection agreement is correct. If Wave Sent and PageData s interpretation is
correct, then the Commission should order Qwest to install PageData s long sought after
(over six years) SPOP, order Qwest to stop trying to restrict the types of traffic that
WaveSent and PageData terminate, and order Qwest to pay WaveSent and PageData the
flat rate 6000 MOU per trunk reciprocal compensation per the current interconnection
agreement.
11.If the Commission makes a ruling in Qwest's favor that the current
interconnection agreements do not allow WaveSent and PageData to terminate Internet
and enhanced services traffic, then WaveSent and PageData seek to exercise their
WaveSent and PageData Amendment to Petition - 9
statutory rights and instantly adopt the Verizon ISP-Bound Traffic amendment, the
dispute resolution clause, and the ASR ordering process clause under Section 252(i) into
the current interconnection agreement. WaveSent, PageData, and Qwest have come to
terms on the ASR order process language and the dispute resolution clause. There were
no significant changes to these two sections in Qwest's proposed 252(b) interconnection
agreement. The Commission s Order No. 291401 stated that PageData could adopt terms
and conditions from the Verizon agreement under 252(i). WaveSent and PageData seek a
determination by the Commission that the flat rate of 6000 MOU per trunk reciprocal
compensation for paging traffic remain in the interconnection agreement and be
incorporated into Sections 2.1 and 3 of the ISP-Bound Traffic amendment to avoid any
future disputes. Qwest has set the standard of a flat rate 6000 MOU per trunk for paging
traffic throughout its 14-state territory. This flat rate MOU is a protection for Qwest if the
Commission rules that WaveSent and PageData s continuous paging technology is local
paging traffic.
12.It is WaveSent and PageData s belief that if the Commission does not
accept WaveSent and PageData s position on the current interconnection agreement and
252(i) negotiations were pursued Qwest would continue to obstruct WaveSent and
PageData s adoption of favorable terms and conditions under 252(i). Then the disputes
listed in the Matrices of Unresolved Issues (Exhibits B of the original Petitions) would
remain under 252(i) and need to be arbitrated by the Commission with the exception
items numbered 1 , 3 , 4, 13 , 20, 21 , 22, and 23 from WaveSent's Matrix and items
I Idaho Commission Order No. 29140 In the Matter of the Joint Petition of Robert Ryder, dba Radio
Paging Service, Joseph McNeal, dba PageData and InterPage of Idaho, for a Declaratory Order and
Recovery of Overcharges from US WEST Communications, Inc.Case No. USW-99-, page 21
WaveSent and PageData Amendment to Petition - 10
numbered 1 , 2, 4, 5 , 14, 22, 23, and 24 from PageData s Matrix. These items would
remain under 252(b) negotiations, if necessary.
13.Qwest's goal is to keep these proceedings as confusing as possible and
make it resource intensive. In order to save time and resources, WaveSent and PageData
have attached a proposed interconnection agreement incorporating the adoption of the
252(i) terms and conditions into the current interconnection agreement in a format where
the Commission could approve the language immediately. (See Exhibit F)
14.John Souba (Qwest Regulatory) stated in his memo dated April 9, 2004, to
Wayne Hart (Commission Telecom Staff) that Qwest has five service orders from
PageData for its SPOP on hold simply because Qwest does not want to pay PageData
reciprocal compensation. Based on a traffic study that Qwest did on WaveSent's (a
separate legal entity from PageData) trunks showing a usage of 4.17%, Qwest has
determined that it can restrict PageData to two Type 1 Tis and confine PageData to the
Boise EAS and not allow it to provide services to Rexburg, Idaho Falls, Pocatello
Ketchum, Burley, and Twin Falls. How is PageData supposed to terminate Qwest
originated local Type 2 traffic from Rexburg, Idaho Falls, Pocatello, Burley, Ketchum
and Twin Falls at PageData s Boise POC when Qwest refuses to turn up the 12 Tis on
the DS3 necessary to establish PageData s SPOP in Boise per the Commission staff
mediated joint-planning meetings held last summer over a two month period with many
Qwest personnel? There is nothing in the current interconnection agreement or under the
rule of law of the Act that alleviates Qwest from its primary fiduciary duty in Sections
251(a), 251(c)(2), and 251(c)(3) to interconnect at a single point of presence.
Wave Sent and PageData Amendment to Petition -
15.Qwest is complaining about a low usage of the new facilities by
WaveSent. However, Qwest has been attempting to interfere with the types of traffic that
WaveSent can terminate, such as continuous paging, Internet and enhanced services
traffic. Qwest has been threatening to change and/or shut off WaveSent's facilities.
Because of this, Wave Sent has not been able to commit to large critical accounts such as
hospitals, fire management, military, technical support organizations, etc. WaveSent has
also had to postpone acquisition proceedings for purchasing other telecommunications
companIes.
16.Qwest has interfered with both WaveSent and PageData s businesses and
has put in jeopardy several WaveSent and PageData acquisitions to buy other
telecommunications companies. Qwest is well aware that it is difficult, if not impossible
to commit to purchases of other telecommunications companies if the buyer
telecommunications resources are in constant threat of being shut off, changed, or not
installed at all. This has been a continuing problem for PageData over the six years that
PageData has sought a SPOP from Qwest. Qwest has continually invented endless
obstructions and never ceasing arguments to prevent PageData from fully entering the
marketplace. Had Qwest not interfered with PageData and WaveSent's acquisitions of
these various companies, traffic studies would have been substantially different.
LIST OF ATTACHED EXHBITS FILED UNDER SEAL
Exhibit B. Sample Reciprocal Compensation Invoices and Format Approval by
Qwest for Payment
Exhibit D. Qwest Firm Order Commitment Letters for PageData s SPOP
Exhibit E. Network Diagrams
WaveSent and PageData Amendment to Petition - 12
REQUESTED RELIEF
17.In conclusion, it is Qwest's goal to delay, hinder, and obstruct WaveSent
and PageData from terminating all lawful telecommunications traffic receiving
reciprocal compensation due and owIng under the flat rate billing in the current
interconnection agreement, and to delay the installation of PageData s SPOP. The
Commission needs to rule:
That Qwest has interfered with WaveSent and PageData s businesses
That Qwest has willfully discriminated against WaveSent and PageData with
malice
Whether WaveSent and PageData interpretation of the current
interconnection agreements is correct and order Qwest to:
a. Immediately install PageData s SPOP as mediated by the Commission
b. Pay WaveSent and PageData s due and owing flat rate reciprocal
compensation
c. Stop restricting the types of traffic WaveSent and PageData terminate
Whether Qwest's interpretation of the current interconnection agreements is
correct, which necessitates WaveSent and PageData s taking advantage of the
Commission s Order No. 29140 allowing for the adoption of the terms and
conditions from the Verizon agreement under 252(i). WaveSent and PageData
seek the Commission to adopt the proposed interconnection agreement
(provided as Exhibit F) that incorporates the 252(i) adoptions, without
changes. Wave S ent and PageData would seek an instant and retroactive
WaveSent and PageData Amendment to Petition -
adoption of the Verizon ISP-Bound traffic amendment per attachment A of
the amendment; as well as including the Commission ruling on incorporating
the flat rate 6000 MOD of local paging traffic into Sections 2.1 and 3 of the
amendment; dispute resolution clause, and ASR ordering process terms and
conditions under 252(i), the Commission ruling on whether continuous paging
is local paging, and possible 252(b) negotiations.
Respectfully submitted
os h B. McNeal
PageData and
Wave S ent
6610 Overland Rd.
Boise, ID 83709
[phone]
[phone] Fax
WaveSent and PageData Amendment to Petition - 14
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 12th day of April, 2004, I caused to be served a
true and correct copy of the foregoing by the method indicated below, and address to the
following:
Jean Jewell
Idaho Public Utilities Secretary
472 W. Washington Street
PO Box 83720
Boise ID 83720-0074
US. Mail Fax By Hand _ByEmail
William J. Batt
Batt & Fisher, LLP
US Bank Plaza, S
th Floor
10 1 S. Capitol Blvd.
Boise, ID 83701
US. Mail Fax By Hand By Email
Qwest Corporation
Director - Interconnect
1801 California Street, Room 2410
Denver, CO 80202
US. Mail Fax By Hand By Email
Qwest Corporation
Bob McKenna
1801 California Street
Denver, CO 80202
US. Mail Fax By Hand By Email
WaveSent and PageData Amendment to Petition - 15
EXHmIT A
COMPARISON OF SECTION 2.
IN VARIOUS QWEST INTERCONNECTION AGREEMENTS
COMPARISON OF SECTION 2.
IN VARIOUS QWEST INTERCONNECTION AGREEMENTS
Idaho - Arch (6-14-2000) (Lan2ua2e under Current ICA - WaveSent and Pa2eData
2.4 This Agreement recognizes the unique status of traffic delivered to enhanced
service providers. For purposes of this Agreement, Enhanced Services traffic, such
as voicemail, that is not incidental to Paging Provider s primary business, is not
Compensable Traffic. Additionally, traffic originated by one Party, and delivered to
the other Party, which in turn delivers the traffic to an Internet Service Provider (a)
shall be deemed interstate in nature, (b) shall not qualify as Compensable Traffic
under this Agreement, and ( c) U S WEST shall not be obligated to deliver such
traffic to Paging Provider under this Agreement.
Owest Proposed Lan2ua2e from Pa2jn2 Temolate Tyoe 1 & 2. (3-24-04)
2.4 Qwest will not permit its own End Users to use Type 1 Paging Connection Service to
deliver traffic to (Paging Provider)' s Enhanced Services operations , if any, where
such Enhanced Services operations constitute (Paging Provider)' s primary business.
(Paging Provider) shall not assign numbers associated with Type 1 or Type 2 Paging
Connection Service to its Enhanced Services operation that constitute a primary
business.
Idaho - Progressive Paging -
2.4 USWC will not permit its own End Users to use Type 1 Paging Connection Service
to deliver traffic to Paging Provider s Enhanced Services operations, if any, where
such Enhanced Services operations constitute Paging Provider s primary business.
Paging Provider shall not assign numbers associated with Type 1 or Type 2 Paging
Connection Service to its Enhanced Services operation that constitute a primary
business.
Colorado - AirTouch Paging (1-11-2000)
This Agreement recognizes the unique status of traffic delivered to enhanced
service providers. Paging Provider will utilize separate trunk groups, ordered
through USWC's Basic Exchange Tariff, for provisioning enhanced services if such
service is not incidental to the Paging Service and Narrowband PCS service which
are Paging Providers' primary business.
Comparison of Section 2.4 Page 1
Colorado - Arch (6-16-2000)
4. This Agreement recognizes the unique status of traffic delivered to enhanced
service providers. Paging Provider will utilize separate trunk groups, ordered
through USWC's Basic Exchange Tariff, for provisioning enhanced services if such
service is not incidental to the Paging Service and Narrowband PCS service which
are Paging Providers' primary business.
Montana - Arch (6-14-2000)
2.4 This Agreement recognizes the unique status of traffic delivered to enhanced service
providers. For purposes of this Agreement, Enhanced Services traffic, such as
voicemail, that is not incidental to Paging Provider s primary business, is not
Compensable Traffic. Additionally, traffic originated by one Party, and delivered to
the other Party, which in turn delivers the traffic to an Internet Service Provider (a)
shall be deemed interstate in nature, (b) shall not qualify as Compensable Traffic
under this Agreement, and ( c) U S WEST shall not be obligated to deliver such
traffic to Paging Provider under this Agreement.
Washington - Arch (June 13, 2000)
4. This Agreement recognizes the unique status of traffic delivered to enhanced
service providers. Paging Provider will utilize separate trunk groups, ordered
through USWC's Basic Exchange Tariff, for provisioning enhanced services if such
service is not incidental to the Paging Service and Narrowband PCS service which
are Paging Providers' primary business.
Utah - AirTouch Paging (Oct. 18, 1999) (and Arch adopted it)
4. This Agreement recognizes the unique status of traffic delivered to enhanced
service providers. For purposes of this Agreement, Enhanced Services traffic, such
as voice-mail, that is not incidental to Paging Provider s primary business, is not
Compensable Traffic. Additionally, traffic originated by one Party, and delivered
to the other Party, which in turn delivers the traffic to an Internet Service Provider
(a) shall be deemed interstate in nature, (b) shall not qualify as Compensable Traffic
under this Agreement, and (c) US WEST shall not be obligated to deliver such
traffic to Paging Provider under this Agreement.
Comparison of Section 2.4 Page 2
Merriam-Webster Dictionary
in.ci.den.tal
Pronunciation: "in(t)-s&-den-
Function: adjective
1 : being likely to ensue as a chance or minor consequence .csocial obligations incidental
to the job:::-
2 : occurring merely by chance or without intention or calculation
Merriam-Webster Thesaurus:
Entry Word: incidental
Function: adjective
Text: Synonyms ACCIDENTAL casual, chance, contingent, fluky, fortuitous, odd
Antonyms essential
Merriam-Webster Dictionary
Main Entry: con.tin.gent
Pronunciation: k&n-' tin-j &nt
Function: adjective
Etymology: Middle English, from Middle French, from Latin contingent-, contingens
present participle of contingere to have contact with, befall, from com- tangere
touch -- more at TANGENT
1 : likely but not certain to happen: POSSffiLE
2 : not logically necessary; especially: EMPIRICAL
3 a : happening by chance or unforeseen causes b : subject to chance or unseen effects:
UNPREDICTABLE c : intended for use in circumstances not completely foreseen
4 : dependent on or conditioned by something else
5 : not necessitated: determined by free choice
synonym see ACCIDENTAL
- con.tin.gent.ly adverb
Merriam-Webster Dictionary
Main Entry: not
Pronunciation: 'na t
Function: adverb
Etymology: Middle English, alteration of nought from nought pron. -- more at NAUGHT
1 -- used as a function word to make negative a group of words or a word
2 -- used as a function word to stand for the negative of a preceding group of words .cis
sometimes hard to see and sometimes noP
Comparison of Section 2.4 Page 3
EXHmIT C
SPOP COMMITMENT LETTER
TERMINATION OF INTERNET AND ENHANCED SERVICES
-----
Original Message-----
From: Bob McKenna (mailto:Bob McKenna
Sent: Wednesday, June 04 , 2003 3:02
To: Joseph McNeal
Cc: Christopher Olsen; William Bill Batt; Bryan E Sanderson; Andrea E
Sanchez; kpettey; dljenni
Subject: WaveSent and PageData
Text item: Message Text
Dear Mr. McNeal:
We have reviewed your May 28 responses to the FCC's questions concerning
interconnection requests by PageData and WaveSent. Upon such review, we
have determined that Qwest will not insist on resolution of Qwest'
claims for payment of past amounts as a precondition to either
PageData s or WaveSent's ordering further interconnection facilities and
services from Qwest. Qwest will be willing to process properly
submitted ASRs for interconnection on a timely basis upon submission.
In the past, PageData and WaveSent have had difficulty completing and
submitting proper ASRs for service. Andrea Sanchez (303.965.1805) will
be available to meet with you to assist you in preparing these
documents. As Qwest has noted in its filings with the Federal
Communications Commission , the ASRs that PageData sent to the Commission
are not complete and do not provide sufficient information on which
Qwest could begin to fill the order. In addition, while Qwest is
willing to provide PageData and WaveSent with the interconnection
facilities and services that they need to provide the services for which
such interconnection can lawfully be utilized , the number of trunks
shown on the two ASRs filed with the FCC is clearly excessive for the
paging services that form the basis of the ASRs. These matters can be
worked out with Ms. Sanchez, who can insure that the ASRs that you
submit are complete and accurate.
Finally, irrespective of disputes over past amounts due, there does not
seem to be any dispute that compensation will be necessary for services
provided under current interconnection agreements. Such compensation
can be required in the case of transiting traffic and WATS or FX
equivalent facilities, on the one hand, and reciprocal compensation on
the other hand. Should PageData or WaveSent use interconnection
facilities or services for Internet traffic, such traffic would not be
subject to reciprocal compensation payments. Qwest would, of course
run its standard credit
check on WaveSent to determine whether a deposit is necessary. These
and
similar compensation matters likewise can be worked out in advance with
Ms. Sanchez. It makes sense to determine at this time what facilities
and services must be paid for, and by whom.
Please do not hesitate to give me a call with questions. I can be
reached at 303.672.2861.
EXHmIT F
PROPOSED INTERCONNECTION AGREEMENT
INCORPORATING 252(i) ADDITIONS
(:ff;ijh:. :'~'(t1'4 iJiJ ptlQn~
l~f~lI~il~llft#JJJ~ ~ jij e nllltj ~ijt)
CMRS PA.CINC CONNECTION
AGREEMENT
BETWEEN
U S WEST COMMUNICL
..
TIONS, INC.
QWEST CORPORATION
AND
RCH PACINC, INC. AND MOBILE COMMUNICATIONS
CORPOILA
..
TION OF AMERICA
W A VESENT LLC
Idaho
CDS OOO~14 0079
Changes Key:
Bold Text - Red - WaveSent Proposed Language
Bold Strike Through Text - Original Qwest Language
Bold Text - Blue - Qwest Proposed Language
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 000611 0079 (I\r-Gh)
10.
11.
Table of Contents
Page
RESERVATIONS OF RIGHTS; CHANGES IN THE LAW.....................................
SCOPE OF AGREEMENT .....................................................................................
DEFINITIONS ............................................................................................................
RATE ELEMENTS FOR DELIVERY OF EXEMPT TRAFFIC ..............................
PAGING CMRS CONNECTION ARRANGEMENTS ...................................................
Technical Requirements..................................................................................
Cooperative Testing ........................................................................................
Forecasting .....................................................................................................
LOCAL TRANSPORT AND TERMINATION RATES........................................... 13
SERVICE IMPAIRMENT.......................................................................................
COLLOCATION ................................................................................................... 15
ACCESS TO TELEPHONE NUMBERS ...............................................................
Number Resources Arrangements...................................................................
U S '"lEST QWEST DEX ISSUES ........................................................................ 16
TERM OF AGREEMENT......................................................................................
PAYMENT ............................................................................................................
MISCELLANEOUS TERMS .................................................................................
13.General Provisions ....................................................................................
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13.
13.
13.
13.
13.
13.
13.
13.
13.10.
13.11.
13.12.
13.13.
13.14.
13.15.
13.16.
13.17.
13.18.
13.19.
13.20.
13.21.
13.22.
13.23.
13.24.
13.25.
Taxes ..............................................................................................................
Force Majeure .................................................................................................
Limitation of Liability .......................................................................................
Indemnity ........................................................................................................
Intellectual Property ........................................................................................
Warranties................................................ ....................................................... 21
Assignment .....................................................................................................
Default................................................................................. ............................ 22
Disclaimer of Agency....................................................................................
Severability ..................................................................................................
Nondisclosure ..............................................................................................
Survival........................................................................................................ 23
Dispute Resolution .......................................................................................
Controlling Law ............................................................................................
Joint Work Product ......................................................................................
Responsibility for Environmental Contamination .......................................... 25
Notices ...................................................................... ................................... 25
Responsibility of Each Party.........................................................................
No Third Party Beneficiaries.........................................................................
Referenced Documents ................................................................................
Publicity and Advertising.............................................................................. 27
Amendment ..................................................................................................
Executed in Counterparts.............................................................................
Headings of No Force or Effect..................................................................... 27
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13.26.Regulatory Approval.....................................................................................
13.27.Compliance ..................................................................................................
APPENDIX A - SCHEDULE 1 ...................................................................................... 31
IDAHO TYPE 1 TELRIC RATES................................................................................... 31
APPENDIX A - SCHEDULE 1 ......................................................................................
IDAHO TYPE 2 TELRIC RATES ...................................................................................
APPENDIX B - TYPE 1 PAGING CMRS CONNECTION SERVICE .............................. 36
APPENDIX B - TYPE 2 PAGING CMRS CONNECTION SERVICE ............................................. 42
APPENDIX C - SINGLE POINT OF PRESENCE (SPOP) IN THE LATA......................
EXHIBIT A TO APPENDIX C ........................................................................................
SINGLE POINT OF PRESENCE WAIVER FOR PAGING CMRS PROVIDERS...........
APPENDIX D -ORDERING...........................................................................................
Ordering.........................................................................................................
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CMRS CINC INTERCONNECTION AGREEMENT
This CMRS Paging Interconnection Agreement ("Agreement"), is between WaveSent LLC, a
Nevada LLC ("WaveSent" or "CMRS Provider Arch Paging, Inc., a Delaware corporation ftRd
Mobile Communications Corporation of Ameriea, a Delaware corporation ("'\rch" or "Paging
PFo~lideF and Qwest Corporation ("Qwest"U S WEST Communications, Inc. ("USWC"
Colorado corporation.
WHEREAS USWC Qwest and Paging CMRS Provider each are facility-based providers of
telecommunications services;
WHEREAS Paging CMRS Provider is a Commercial Mobile Radio Service provider under the
Communications Act of 1934, as amended (the "Act ) licensed by the Federal Communications
Commission ("FCC"
WHEREAS USWC Qwest is an incumbent local exchange carrier ("ILEC"
WHEREAS, the Parties desire to interconnect their respective systems in a technically and
economically efficient manner;
WHEREAS, the Parties desire to interconnect their respective systems on terms that are fair and
equitable to both Parties; and
NOW THEREFORE each Party, intending to be legally bound, hereby covenants and agrees as
follows:
RESERVATIONS OF RIGHTS; CHANGES IN THE LAW
1.1.The Parties by entering into this Agreement reserve all rights and positions that they have
taken, are taking, or will take in the future before any court or federal or state agency, with
respect to: (a) whether CMRS carriers are entitled to terminating compensation for one-
way Paging CMRS traffic and the appropriate rate for any such compensation, (b)
whether CMRS carriers are entitled to terminating compensation for one-way Paging
CMRS traffic at the same rate and on the same terms and conditions as other
telecommunications traffic, (c) whether an ILEC is obligated to bear the costs of
interconnection facilities to the extent they are used to deliver the ILEC' s traffic to a
CMRS carrier for Local Termination, and (d) the entitlement of a CMRS carrier to
interconnection at prices comparable to the unbundled network element ("UNE") prices for
equivalent services or facilities; and (e) any other position either Party may have relating
, arising out of, or in connection with (i) the Act and the FCC rules and Orders
implementing or relating thereto; or (ii) any state law relating to telecommunications.
1.2.The Parties have agreed to certain provisions in this Agreement, based on their respective
understanding of the current state of the law, rules, regulations and interpretations thereof
as of the date hereof (the "Existing Rules ). To the extent that the Existing Rules are
amended or modified in a manner material to this Agreement and such changes have
become a Final Order (the "New Rules ), then the Parties shall negotiate in good faith in
an effort to amend the Agreement to bring this Agreement into compliance on a
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1.3.
prospective basis with the New Rules. If the Parties are unable to agree upon such an
amendment, the matter shall be resolved in accordance with the Dispute Resolution
provisions of this Agreement.
This agreement does not establish billing rates goveming SS7 service if Paging CMRS
Provider elects at a future point in time to implement SS7 signaling technology in any
portion of its network. The issue as to the rates at which SS7 services shall be made
available to Paging CMRS provider has been left unresolved at this time by the Parties
and this Agreement is not intended and shall not be construed as a waiver by either party
oftheir respective positions with regard to this pricing issue.
SCOPE OF AGREEMENT
This Agreement covers both Type 1 and Type 2 Paging CMRS Connection Service
which consists only of those one-way facilities and services that are provisioned by USWC
Qwest for the sole purpose of delivering one-way, land to pager CMRS traffic sent by
USWC Qwest's End Users and Transit Traffic to Paging CMRS Provider s POC(s).
Type 1 and Type 2 Paging Connection Service enables USWC's End Users and other
telecommunications carriers transiting USWC's networl( to page End Users of Paging
Provider s netwarl(.This Agreement includes and incorporates by reference all
accompanying appendices and attachments.
1. When local routing number local number portability (LRN/LNP) is implemented
at a USWC Qwest end office where Paging CMRS Provider has been assigned
Type I numbers, the Parties shall negotiate in good faith to detennine whether it is
technically feasible and economically efficient for both parties (taking into
consideration the cost savings, if any, and cost increases, if any, associated with
the porting of numbers) to have any or all such numbers ported from the end office
where the numbers reside to the Paging CMRS Provider Switch via a Type 2
tandem level interconnection while retaining the rating of such numbers at the end
office. If those conditions are met, the Parties shall cooperate in good faith to
revise their interconnection arrangement in this manner.
Facilities for Delivery of Transit Traffic
USWC Qwest will deliver Transit Traffic to Paging CMRS Provider s poe
over the same facilities and trunks used to deliver USWC Qwest's End User
originated calls.
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2.4.
The originating company is responsible for payment of appropriate rates to
the transit company and to the terminating company. In the case of Exchange
Access (IntraLA TAT 011) traffic where Qwest is the designated IntraLA T A
Toll provider for existing LECs, Qwest will be responsible for payment of
appropriate usage rates.
(Left blank for numbering consistency.
This Agreement recognizes the unique status oftraffic delivered to enhanced service
providers. For purposes ofthis Agreement, Enhanced Services traffic, such as voicemail
that is not incidental to Paging Provider s primary business, is not Compensable Traffic.
Additionally, traffic originated by one Party, and delivered to the other Party, which in turn
delivers the traffic to an Internet Service Provider (a) shall be deemed interstate in nature
(b) shall not qualify as Compensable Traffic under this Agreement, and (c) U S WEST
shall not be obligated to deliver such traffic to Paging Provider under this Agreement.
This Agreement does not cover delivery of traffic from Paging CMRS Provider s network
to USWC Qwest's network. Should Paging CMRS Provider desire to deliver traffic to
USWC Qwest from Paging CMRS Provider s End Users, the Parties shall negotiate in
good faith such appropriate additional or different interconnection arrangements for such
traffic.
Delivery of Paging CMRS Traffic
1. Paging CMRS Connection Service delivers Paging CMRS traffic to the Paging
CMRS Provider s POC(s) as identified in Appendix B.
2. Pursuant to joint planning as specified in the Forecasting section ofthis
Agreement, U S WEST shall determine all aspects and elements of the Paging
Connection Service facilities that it provides itself, including, but not limited to
design, location, quantities, distance, etc. US WEST shall base this determination
on technical and economic efficiency considerations, e., network requirements.
Subject to the provisions of this Section, U S WEST shall monitor its usage on
Paging Connection Service and will reconflgure trunk groups as it deems
necessary. U S WEST reserves the right to review, revise or modify its Paging
Connection Service at any time for any lawful business reason. All circuits and
equipment provide by U S WEST will always be wholly owned and operated by U
S WEST. U S WEST shall provide interconnection and interconnection facilities
for Paging CMRS Connection Service that are equal in quality to what U S
WEST provides itself, its affiliates, or other carriers. Paging CMRS Connection
Service facilities shall be engineered to be consistent with the Eighth Circuit court
decision, BellCore Special Report SR-TAT-OOO191 and any applicable
requirements in the state ofIdaho.
Paging CMRS Provider s and USWC Qwest 's equipment and systems will be
compatible, and will be consistent with normally accepted industry standards as
defined in Bellcore Technical Reference GR-145-CORE entitled "Compatibility
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6.4
Infonnation For Interconnection of a Wireless Services Provider and a Local
Exchange Carrier Network"
1. Paging CMRS Provider will provide a voice intercept announcement or
distinctive signals to the calling party when a call is directed to a
number that is not assigned.
6.3.When USWC Qwest is not able to complete calls because of a
malfunction, USWC Qwest will provide proper voice announcement
or distinctive signals to the calling party advising that the call cannot
be completed.
3.3.Paging CMRS Provider and USWC Qwest will provide supervisory
tones or voice announcements to the calling party on all calls
consistent with standard industry practices.
3.4 Paging CMRS Provider shall provide a sufficient quantity of
equipment ports to accommodate the number of trunks provided by
USWC Qwest.
Type 1 and Type 2 Paging Connection Service will be established in accordance
with the specifications set forth in Bellcore GR-145-CORE and in accordance
with the following:
6.4.The Parties at present are interconnected at numerous points and in
various manners through the U S WEST Qwest serving area. The present
network design and resulting interconnection arrangements are technically
feasible and efficient. Paging CMRS Provider may designate new or
additional POCs where it wants to receive traffic from US WEST
Qwest. The Parties must cooperate and work together to maintain
efficient interconnection during the tenn of the Agreement. Any related
dispute shall be resolved according to the Dispute Resolution procedures
set forth in Section 13.14 of this Agreement.
6.4.2 The provisions ofthis Section apply to all existing and future Paging
CMRS Connection Service arrangements.
6.4.3 Type 1 Paging CMRS Connection Service
6.4.3.1 Subject to Section 2.6.4.Paging CMRS Provider may
designate new or additional POCs anywhere within the
LATA.
6.4.Billing Demarcation Point:
6.4.1 The Billing Demarcation Point between Y-8
WEST'Qwest's and Paging CMRS Provider
networks shall be located within the LATA at either
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6.4.3 .3
(i) 37.5 airline miles from the US WEST Qwest
Serving Wire Center of the Paging CMRS
Provider s Point of Connection where the facility is
connected when such Serving Wire Center is located
within the LATA and more than 37.5 airline miles
from the U S WEST Qwest End Office that houses
the DID numbers, or (ii) at the U S WEST Qwest
Serving Wire Center of Paging CMRS Provider
Point of Connection when such Serving Wire Center
is located within the LATA and Less than 37.
airline miles from the U S WEST Qwest End Office
that houses the DID numbers. Paging CMRS
Provider is only responsible for recurring charges for
Exempt Traffic between the Billing Demarcation
Point and Paging CMRS Provider s Point of
Connection. Such charges will be assessed pursuant
to Appendix A, Section II.
6.4.3.When the Billing Demarcation Point is established at
the 37.5 mile mark as described in 2.6.4.3.2.1(i)
above, the Paging CMRS Provider shall pay only the
recurring mileage based rates from the portion of the
facility from the Billing Demarcation Point to the Y-S
WEST Qwest End Office that houses the DID
numbers. Paging CMRS Provider shall not pay any
portion of port charges, or other costs associated with
such facilities. Such mileage charges will be assessed
pursuant to Appendix A, Section II.
If Paging CMRS Provider has any full NXX codes deployed
using a Type 1 connection Paging CMRS Provider will take
reasonable steps to convert these to a Type 2 connection
within a reasonable period of time after the Approval Date
hereof.
6.4.4 Type 2 Paging CMRS Connection Service
6.4.4.
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Within a LATA Paging CMRS Provider may designate
multiple POCs at which it wishes to receive paging CMRS
traffic from U S WEST Qwest. Each such P~C shall receive
traffic from the U S WEST Qwest local and Toll Tandem
serving the geographic area in with the POC is located. Type
Paging CMRS Connection Service shall never extend
beyond the boundaries ofthe geographic area of U S WEST
Qwest's local Tandem serving Paging CMRS Provider
pac. U S WEST shall not be responsible for providing,
maintaining or paying for facilities used to connect Paging
CMRS Provider POC(s) to Paging CMRS Provider
equipment or network.
6.4.5 The location ofthe P~C will determine the method of interconnection.
The following arrangements for interconnection are available: (1)
Network Access Channel; (2) Mid-Span Meet facilities; (3) Inter LCA
Facility.
6.4.1 Network Access Channel
A NAC facility extends from the Serving Wire Center of
USWC Qwest to the Paging CMRS Provider Paging
CMRS Terminal location. NAC facilities may not extend
beyond the area served by USWC Qwest's Serving Wire
Center. A NAC must always be provisioned with Type I and
Type 2 Service for connection, identification, and billing
purposes. (The Paging CMRS Provider is only responsible
for recurring and non-recurring charges for Exempt Traffic
between the USWC Qwest Serving Wire Center of the
Paging CMRS Provider s Point of Connection and the
location of Paging CMRS Provider s Point of Connection
6.4.Mid-Span Meet (PaC)
A Mid-Span Meet pac is a negotiated Point of Connection
limited to the joining of facilities between USWC Qwest'
switch and the Paging CMRS Provider Paging CMRS
Terminal. Mid-Span Meet pac may be accomplished by the
Parties through the negotiation of a separate Agreement. The
actual physical Point of Connection and facilities used will be
subject to negotiations between the Parties. Each Party will
be responsible for its portion of the build to the Mid-Span
Meet POI.
2. 6. 4. 5. 3 InterLCA Facility
Paging Provider may request USWC Qwest-provided
facilities to transport EAS/Local Traffic from a virtual P~C
is a USWC Qwest EAS/LCA to a P~C located in a distant
EAS/LCA (a distant paC). The USWC Qwest-provided
facilities interconnecting a USWC Qwest EAS/LCA to a
distant P~C are Type 2 InterLCA Facilities.
The actual origination of the InterLCA Facility shall be the
USWC Qwest Wire Center located in the EAS/LCA
associated with Paging CMRS Provider s NXx. The
Termination point is in the P~C in the distant EAS/LCA.
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If the distance between the USWC Qwest Wire Center in the
EAS/LCA and the Serving Wire Center is twenty miles or
less, the fixed and per-mile rates for Direct Trunk Transport
(DTT) shall apply in accordance with Appendix A.
If the distance between the USWC Qwest Wire Center in the
EAS/LCA and the Serving Wire Center of the distant POC is
greater than twenty miles, the fixed and per-mile DTT rates
shall apply to the first twenty miles in accordance with
Appendix A, and the remaining miles are rated as intrastate
monthly fixed and per mile DSI Private Line Transport
Services. The Private Line Transport Services rates are
contained in the applicable state Private Line catalogs and
Tariffs.
The facilities connecting the distant POC to the USWC
Qwest Wire Center will be rated as intrastate DS I Private
Line Transport Services. The Private Line Transport rates are
contained in the applicable state Private Line catalogs and
Tariffs.
Paging CMRS Provider will be charged for the first twenty
miles of the InterLCA Facility as specified in Appendix A, to
reflect the portion of the InterLCA Facility that is used by
USWC Qwest to transport USWC Qwest-originated traffic to
Paging CMRS Provider USWC Qwest shall not be required
to reduce the Private Line Transport Services rates for the
portion ofthe InterLCA Facility that exceeds 20 miles in
length.
The InterLCA Facility may be utilized with a DS 1 to DSO
multiplexer in the USWC Qwest Wire Center. A DSO level
Type 2 Interconnection trunk may use the InterLCA DS I as
Customer Facility Assignment (CF A) within the originating
EAS/LCA.
In addition Paging CMRS Provider may choose to purchase a
Private Line Transport Services DS3 from USWC as a CF
on which the Type 2 InterLCA Facility would ride. Paging
CMRS Provider will purchase a Private Line DS3 to DS I
multiplexer to support the DS I InterLCA Facility. If Paging
CMRS Provider chooses to utilize a Private Line DS3 as
CF A, these rates will be billed out of the applicable Private
Line Transport Services catalogs or Tariffs.
The InterLCA Facility cannot be used to access unbundled
network elements.
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The InterLCA Facility is available only where facilities are
available. USWC Qwest is not obligated to construct new
facilities to provide a InterLCA Facility.
6.5. Any proposed post -installation changes of systems, operations or services, other
than the Paging CMRS Connection Services, which would materially affect the
other Party's system, operation or services must be coordinated with the other
Party by giving as much advance notice as is reasonable, and in no event in less
than ninety (90) days, of the nature ofthe changes and when they will occur. For
Paging CMRS Connection Service changes may be made only in accordance with
the provisions of this Agreement
6. If the authorized service areas ofUSWC Qwest or Paging CMRS Provider
change, the Parties agree to negotiate any necessary modifications to this
Agreement in good faith.
7. If USWC Qwest proposes any change to the listed rate in any Tariff to which
Paging CMRS Provider is subject under this agreement USWC Qwest shall give
Paging CMRS Provider such notice as is required by statute, Commission rule or
Tariff, or if no notice is required, thirty (30) days' advance notice. Nothing in this
Section is intended to limit any right of Paging CMRS Provider to challenge any
change of such rates.
DEFINITIONS
1 "Act" means the Communications Act of 1934 (47 u.S.C.151 etseq.), as amended inter alia
by the Telecommunications Act of 1996, and as from time to time interpreted in the duly
authorized rules and regulations of the courts, FCC, or competent state regulatory bodies.
2 "Billing Demarcation Point
" ("
BDP") shall be the specified point on an interconnection
facility where fmancial responsibility for the facility shifts from one party to this Agreement to
the other party to this Agreement as contemplated by Section 2.6.4 There need be no physical
demarcation of the Billing Demarcation Point.
3 Commercial Mobile Radio Service
" ("
CMRS") is a mobile service that is:(a)(l) provided for
profit; (2) an interconnected service; and (3) available to the public, or to such classes of
eligible users as to be effectively available to a substantial portion of the public; or (b) the
functional equivalent of such a mobile service described in Section 3.3(a) above.
3.4 "Commission" means the Idaho Public Utilities Commission and any successor state agency
that performs the same or substantially the same regulatory functions.
5 "Compensable Traffic" means the portion of all traffic delivered by U S WEST Qwest toPagingCMRS Provider upon which terminating compensation is to be paid, if any, as set
forth on Appendix A.
6 "EAS/Local Calling Area" means the geographic area defined by the EAS boundaries as
determined by the Commission and defined in U S WEST'Qwest's Local and/or General
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Exchange Service Tariffwithin which LEC customers may complete a 1andline call without
incurring toll charges. Traffic originated and terminated within the same EAS boundary is
considered to be EAS/Local and is to be considered local for purpose of this Agreement.
7 "End User(s)" means a third-party (residence or business) that subscribes to
Telecommunications Services provided by either ofthe Parties.
10.
3.11.
12.
13.
Enhanced Services" are services offered over common carrier transmission facilities used
in interstate communications, which employ computer processing applications that act on
the format, content, code, protocol or similar aspects of the subscriber s transmitted
information; provide the subscriber additional, different or restructured information; or
involve subscriber interaction with stored information.
Exempt Traffic" means the portion of all traffic delivered by U S WEST Qwest to
Paging CMRS Provider which is not Compensable Traffic, as set forth on Appendix A.
The Parties agree for purposes ofthis Agreement that Exempt Traffic includes inter-MT A
traffic Transit Traffie and traffic originated by U S WEST customers which is routed to
Paging CMRS Provider POC located in a different LATA than where the call
originates.
FCC" means the Federal Communications Commission and any successor federal agency
that performs the same or substantially the same regulatory functions.
Final Order" means an Order or Orders entered by the Commission or the FCC with
respect to which (a) the time period for seeking reconsideration or review, or filing a
judicial appeal, shall have elapsed without the filing of any petition for reconsideration
application for review, or appeal by any party or third party and, if the Order or Orders
were granted by the Commission or FCC staff on delegated authority, the time period for
review by the full Commission or FCC on its own motion shall have expired without such
review having been undertaken with respect to such Orders, or any aspect or portion
thereof, or (b) a petition for reconsideration, application for review, or appeal has been
filed or the full Commission or FCC has undertaken review on its own motion, but the
Order or Orders shall have been reaffirmed or upheld or the challenge thereto shall have
been withdrawn or dismissed and the applicable period for seeking further administrative
or judicial review with respect to such action shall have expired without the filing of any
action, petition or request for further review.
InterLATA service" is telecommunications between a point located in a LATA and a
point located outside such LATA.
IntraLA T A service" is telecommunications between two points located within a single
LATA.
Local Access and Transport Area
" ("
LATA") means a contiguous geographic area: a)
established before the date of enactment of the Telecommunications Act of 1996 by a Bell
operating company such that no exchange area includes points within more than 1
metropolitan statistical area, consolidated metropolitan statistical area, or State, except as
expressly permitted under the AT&T Consent Decree; or (b) established or modified by a
Bell operating company after such date of enactment and approved by the FCC.
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14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Local Tandem" is a USWC Qwest switching system that switches calls to and from end
offices within the Commission-defined Wireline local calling area for call completion.
(Left blank for numbering consistency.
MT A" or "Major Trading Area" is a geographic area established in Rand McNally
Commercial Atlas and Marketing Guide, as modified and used by the FCC in defining
CMRS license boundaries for CMRS providers for purposes of Sections 251 and 252 of
the Act.
NXX" means the fourth, fifth and sixth digits of a ten-digit telephone number, and
designates a Central Office Code.
Order" means any order, writ, injunction, decree, stipulation, decision, or award entered
or rendered by the Commission or the FCC.
Party" means either USWC Qwest or Paging CMRS Provider and "Parties" means
USWC Qwest and Paging CMRS Provider.
Point of Connection" or "POC" is the physical connection point(s) between Paging
CMRS Provider and USWC Qwest; the technical interface(s), test point(s) and point(s)
for operational division of responsibility as set forth in this agreement.
Rate Center" means the specific geographic point (the "Rating Point") and corresponding
geographic area that are associated with one or more particular NP A-NXX codes that have
been assigned to a telecommunications carrier. The geographic point is identified by a
specific vertical and horizontal ("V & H") coordinate that is used by USWC Qwest in
conjunction with the V &H coordinates of other rate centers to calculate distance-sensitive
rates for end user traffic.
Routing Point" denotes a location that a telecommunications carrier has designated on its
network as the homing (routing) point for traffic that tenninates to a specific NP A NXX
designation. The Routing Point need not be the same as the Rating Point and need not be
within the same Rate Center, but must be in the same LATA as the associated NPA-NXX.
Serving Wire Center" or "SWC" denotes the USWC Qwest office from which dial tone
for local exchange service will, absent special arrangements, be provided to USWC Qwest
End Users.
Tandem Office Switches" are switches that are used to connect and switch trunk circuits
between and among other end office switches
, "
Access Tandems" are Tandem Office
Switches that exchange access traffic. "Toll Tandems" are Tandem Office Switches that
exchange intraLA T A toll traffic.
Tandem Service Area" denotes the geographic area that is serviced by a Tandem office
switch and all end offices subtending that tandem.
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26.
27.
28.
29.
Tariff" as used throughout this Agreement refers to U8WC Qwest interstate and state
tariffs, price lists, price schedules, catalogs, and service agreements as listed on the
web site http//tarriffs.uswest.com/.
Telecommunications Services" means the offering of telecommunications for a fee
directly to the public, or to such classes of users as to be effectively available directly to
the public, regardless of the facilities used.
Transit Traffic" is traffic that originates with a telecommunications carrier other than
U8WC Qwest that transits U8WC Qwest's network and is delivered to the Paging
CMRS Provider s pac. The sending and receiving parties are not End Users ofUSWC
Qwest, the transiting tandem telecommunications carrier.
Type 1 Paging CMRS Connection Service" is a one-way fmal route trunk group between
U8WC Qwest's end office switch and Paging CMRS Providers ' POC(s). "Type 2
Paging CMRS Connection Service" is a one-way final route trunk group between USWC
Qwest's Local and Toll Tandem switches and Paging CMRS Providers' POC(s).
Terms not otherwise defined here, but defined in the Act or in regulations implementing the Act
shall have the meanings defined there.
RA TE ELEMENTS FOR DELIVERY OF EXEMPT TRAFFIC
Paging CMRS Provider shall be obligated to pay USWC Qwest, at the rates specified in
Appendix A, Schedule 1 , for the portion of facilities used to deliver Exempt Traffic.
Applicable rate elements are:
1. Channel (Network Access Channel- NAC). Connection from Paging CMRS
Provider s pac to the Serving Wire Center. Non-recurring charges apply to four-
wire digital channels.
2. Channel Facility (for digital service) - DS 1 level. Twenty-four digital voice grade
channels can be transmitted over one DS 1 facility. A full DS 1 is necessary for the
addition of voice grade channels even if ordered in increments of less than 24. The
transmission rate is 1.544 Mbps.
3. Channel Facility (for digital service) - DS3 level. Twenty-eight DS1s, including
their associated digital voice grade channels, can be transmitted over one DS3
facility. When using a DS3 multiplexing level, a full DS3 is necessary for the
addition of DS 1 s even if ordered in increments of less than 28. The facility
transmission rate is 44.736 Mbps.
2.4. Dedicated Transport. If the Serving Wire Center is not the USWC Qwest end
office or Local or Toll Tandem, dedicated transport extends the channels/channel
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facility from the end office or tandem to the Serving Wire Center. The interoffice
facilities can be either analog or DS 1 or DS3 digital systems.
5. Multiplexing. Multiplexing perfonned at the Serving Wire Center enables a DSI
NAC to be connected to a DSO Dedicated Transport System. A DS3 system will
be multiplexed down to a DS 1 level in order to connect with the digital switch.
PACINC CMRS CONNECTION ARRANGEMENTS
Technical Requirements
Equipment Interface. It is solely the Paging CMRS Provider s responsibility to advise
USWC Qwest ofthe equipment interface to be used at Paging CMRS Provider s pac.
The technical requirements for the equipment interface must be selected from those
specified in Appendix B. Available equipment interfaces specified in Appendix Bare
defined in Bellcore Reference Documents GRI45-CORE & BR-795-403-100.
Cooperative Testing
During installation, integrity testing, and ongoing maintenance activities, the Parties will
cooperate to ensure the integrity of the connection. USWC Qwest and Paging CMRS
Provider will each do such maintenance testing and inspection of their own equipment as
may be reasonable and necessary.
Forecasting
Either Party shall, at the request of the other Party, participate in joint planning
sessions at quarterly intervals. The Paging CMRS Provider shall complete a
P~C Forecast Fonn - Paging CMRS Connection (POC Forecast Fonn(s))
attached as Appendix B, for each P~C and for each different equipment interface
within each pac. Although Paging CMRS Provider is required to complete a
P~C Forecast Fonn(s), such forecasts are not orders for USWC Qwest
telecommunications services. USWC Qwest may use Paging CMRS Provider
forecasts and other sources of data which USWC Qwest independently selects
and obtains to help detennine the design and configuration of Paging CMRS
Connection Service. Except as set for in Section 2.2 hereof USWC Qwest is
under no obligation to provide services to meet the usage forecasted by the Paging
CMRS Provider in the P~C Forecast Fonn, such infonnation is for USWC
Qwest's planning purposes only.
1.1.Paging CMRS Provider shall complete the first P~C Forecast
fonn(s) upon execution of this Agreement. Thereafter Paging
CMRS Provider must complete and send USWC Qwest updated
P~C Forecast Fonn(s) quarterly. If USWC Qwest does not receive
an updated fonn with a new forecast each quarter, then USWC
Qwest will rely on the last fonn received and its own current
measurement of traffic over the Paging CMRS Connection Service
facilities.
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5.4
3.3
USW C Qwest shall, upon execution of this Agreement, provide Paging CMRS
Provider with any data in its possession regarding the volume of traffic over the
Paging CMRS Connection Service facilities. Thereafter USWC Qwest shall on
a quarterly basis send Paging CMRS Provider any updated traffic data in its
posseSSIOn.
Each Party shall submit to the other Party a description of anticipated major
network projects that could affect the other Party; at a minimum, the Party will
provide at least ninety (90) days' advance written notice of the nature ofthe
changes and when the change(s) will occur. Major network projects include: shifts
in anticipated traffic patterns or other activities that would result in a significant
increase or decrease in traffic. These projects shall also include, but are not
limited to, issues of equipment types and network capacity, usage, and location.
Paging CMRS Provider shall attach the above information to the updated POC
Forecast Form(s) as appropriate.
Rate Centers
In the context of Type 2 Paging CMRS Connection Service, for purposes of compensation
between the parties and the ability of USWC Qwest to appropriately apply its toll tariff to
its End Users Paging CMRS Provider shall select an end office as a Rate Center for each
NXX code that is within the Tandem Service Area of the Tandem Office Switch to which
Paging CMRS Provider interconnects. Until such time as the assignment of less than
whole NP A NXX codes to each Rate Center is technically and economically feasible.
Paging CMRS Provider shall assign whole NPA-NXX codes to each Rate Center.
Routing Points
With respect to Type 2 Paging CMRS Connection Service Paging CMRS Provider will
also designate a Routing Point for each designated NXX code. Paging CMRS Provider
shall designate one of its switch locations as the Routing Point for each NXX code
assigned to Paging CMRS Provider.
LOCAL TRANSPORT AND TERMINATION RATES
US'VC Qwest will pay Paging CMRS Provider for the transport and termination of
Compensable Traffic as set forth in Appendix A.
The following are the requirements for Paging Provider to render a bill for Compensable
Traffic. A sample bill will be provided and mutually agreed upon at least thirty (30) days
prior to initiating such billing. This sample bill shall also display any additional
requirements agreed upon by both parties.
(Left blank for numbering consistency.
2. The parties will exchange billing contacts and telephone numbers.
3. The invoices will include identification ofthe monthly bill period (from and
through dates), which will be the first through the last day of the prior calendar
month.
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2.4. Paging CMRS Provider will bill 0 S WEST by state and by trunk group.
5. Paging CMRS Provide will assign an Invoice Number and/or Billing Account
Number.
6. Paging CMRS Provider will provide a Remittance Document including:
remittance address, Invoice Number and/or Billing Account Number, amount due
and Payment Due Date (at least thirty (30) days from invoice issuance date).
7. The rendered bill will include a summary of charges and total amounts due.
8. Charges incurred during the bill period will be reflected on the next bill. Minute of
use ("MOO") rates will be displayed for all charges.
9. Invoice will include all adjustments, credits, debits and payments.
10. Invoice will include all applicable taxes and surcharges. Paging CMRS Provider
will calculate, bill, collect and remit applicable taxes and surcharges to the
appropriate authorities.
11. Paging CMRS Provider s invoices to 0 8 WE8 T Qwest will be provided on
paper, unless a mechanized format is mutually agreed upon.
12. (Left blank for numbering consistency.
2.13.Total messages will be converted to MOOs as follows: 1) the number of messages
will be aggregated at the end of the billing period by trunk group, 2) the
aggregated number of messages will be multiplied by the average hold time in
seconds and divided by 60 (to convert to minutes) 3) the product will be multiplied
by the Compensable Traffic percentage and 4) the result rounded to the nearest
whole minute.
14. In the absence of actual hold time data, it will be assumed that average hold time
per paging message is 20 seconds.
Billing disputes will be resolved through the Dispute Resolution provisions of this
Agreement.
SERVICE IMPAIRMENT
The characteristics and methods of operation of any circuits, facilities or equipment of
either Party connected with the services, facilities or equipment of the other Party shall not:
1) interfere with or impair service over any facilities of the other Party, its affiliated
companies, or its connecting and concurring carriers involved in its services; 2) cause
damage to their plant; 3) violate any applicable law or regulation regarding the invasion of
privacy of any communications carried over the Party s facilities; or 4) create hazards to
the employees of either Party or to the public. Each of these requirements is hereinafter
referred to as an "Impairment of Service.
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7.4
If either Party causes an Impairment of Service, as set forth in this Section, the Party (the
Impaired Party ) shall promptly notify the Party causing the Impairment of Service (the
Impairing Party ) ofthe nature and location of the problem. The Impaired Party shall
advise the Impairing Party that, unless promptly rectified, a temporary discontinuance of
the use of any circuit, facility or equipment may be required. The Impairing Party and the
Impaired Party agree to work together to attempt to promptly resolve the Impairment of
Service. If the Impairing Party is unable to promptly remedy the Impairment of Service
the Impaired Party may temporarily discontinue use of the affected circuit, facility or
equipment.
When a Party reports trouble to the other Party, and no trouble is found in the other
Party s equipment, the reporting Party will be responsible for payment of service
maintenance charges as specified in USWC Qwest's Intrastate Switched Access Tariff
(cite) or state-specific pricing catalogue, as appropriate, for the period of time from when
the other Party's personnel are dispatched to when the work is completed. Failure ofthe
other Party's personnel to find trouble in its service will not result in a charge ifthe trouble
is actually in that service, but not discovered at that time.
To facilitate trouble reporting and to coordinate the repair ofthe service provided by each
Party to the other under this Agreement, each Party shall designate a Trouble Reporting
Control Office (TRCO) and a toll free telephone number for such service.
USWC Qwest's TRCO number is [phone]
Paging CMRS Provider s TRCO number is (800) 7334823 [phone]
This number shall give access to the location where facility records are normally located
and where current status reports on any trouble reports are readily available.
Each Party shall use its best efforts to isolate a trouble condition(s) to the other s facilities
before reporting trouble to the other Party.
COLLOCATION
Should the Parties desire to collocate transmission equipment, through either physical or virtual
collocation, the Parties will enter into a separate collocation agreement.
ACCESS TO TELEPHONE NUMBERS
Number Resources Arrangements
Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party s right to request or to the assignment of any North
American Numbering Plan ("NANP") number resources including, but not limited
, central office "NXX" codes pursuant to the Central Office Code Assignment
Guidelines (last published by the Industry Numbering Committee ("INC") as INC
95-0407-008, Revision 4/19/96, formerly ICCF 93-0729-010).
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2. If changes occur in the manner in which number resources are allocated
administered or handled by the network such that Paging CMRS Provider can be
and is assigned a partial NXX code in lieu of a whole NXX code for Type 2
connection service, then all references in this Agreement to an NXX code shall be
deemed to include such partial NXX code iftechnically feasible, to the extent
appropriate under Commission (or FCC) orders, rules, or decisions.
1.3. Subject to Section 2.1.2 of this Agreement U S WEST Qwest will assign Type
number to Paging CMRS Provider on an equitable non-discriminatory basis upon
reasonable request. Blocks of 100 local numbers will be provided by U S WEST
to Paging CMRS Provider as available from the NXX codes assigned to a Y-S
WEST Qwest End Office. Charges for such number shall be in accordance with
Schedule 1.
4. It shall be the responsibility of each Party to program and update its own network
systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and
route traffic to the other Party's assigned NXX codes. Neither Party shall impose
any fees or charges whatsoever on the other Party for such activities. The Parties
will cooperate to establish procedures to ensure the timely activation ofNXX
assignments in their respective networks.
5. Each Party shall be responsible for notifying its end users of any changes in
numbering or dialing arrangements to include changes such as the introduction of
new NPA's or new NXX codes.
6. Each Party is responsible for administering NXX codes assigned to it. Each Party
is responsible for arranging LERG input for NXX codes assigned to its
equipment. Each Party shall use the LERG published by Bellcore or its successor
for obtaining routing infonnation and shall provide through an authorized LERG
input agent, all required infonnation regarding its network for maintaining the
LERG in a timely manner.
1.7. Notwithstanding any provision of this Agreement to the contrary, Paging CMRS
Provider reserves the right to challenge, at any time, before the Commission, or
any court or agency with jurisdiction, the reasonableness or appropriateness of any
USW C Qwest recurring or nonrecurring charge for numbers, number
assignments, number maintenance, number administration and/or other number
resource related charges.
10.U S WEST QWEST DEX ISSUES
USWC Qwest and Paging CMRS Provider agree that certain issues, such as yellow page
advertising, directory distribution, access to call guide pages, yellow page listings, will be the
subject of negotiations between Paging CMRS Provider and directory publishers, including Y-S
WEST Qwest Dex. USWC Qwest acknowledges that Paging CMRS Provider may request
USWC Qwest to facilitate discussions between Paging CMRS Provider and U S WEST QwestDex.
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11.TERM OF AGREEMENT
11.1
11.2
11.3
11.4
Effective Dates
All tenus ofthis Agreement, including U S WEST Qwest's obligation to pay tenninating
compensation specified in Section III of Appendix A, shall become effective July 1 2000
subject to the approval by the Commission (the "Approval Date
Initial Tenn
The "Initial Tenn" ofthis Agreement shall expire on January 18, 2002 June 15, 2008.
Renewal
After the date specified in Section 11.2 above, this Agreement shall continue in force and
effect until tenninated by either Party s providing written notice oftennination to the other
Party pursuant to the tenus of this Agreement.
Tennination
11.4.Involuntary Tennination. This Agreement will tenninate upon a revocation or
other tennination of either Party s governmental authority to provide the services
contemplated by this Agreement. If the authority is temporarily suspended
delivery of traffic will cease only during the suspension if the suspended Party
otherwise is and remains in full compliance under this Agreement.
11.4.Voluntary Tennination. The Agreement may be tenninated upon 160 days
advance written notice at any time after August 11, 2001. The Parties agree that
any such notification of tennination shall be deemed a fonnal request under
Sections 251 and 252 of the Act for negotiation of an interconnection agreement.
During the tennination notice period, the Parties shall negotiate in good faith to
reach a revised agreement. If no such agreement is reached, the Agreement will
tenninate on the 161 st day after notice, unless either party has requested arbitration
pursuant to Section 252(b)(l) ofthe Act, in which case the Agreement will
continue in force and effect until a successor agreement has been approved by the
Commission.
PAYMENT
Amounts payable under this Agreement are due and payable within thirty (30) days after
the date of invoice, unless disputed in good faith by either Party. Billing and collection of
usage charges by either Party from its End Users shall have no bearing on the amount or
timeliness of either Party's payment obligation to the other Party.
12.Unless otherwise specified in this Agreement, any amount due and not paid by the due date
to either Party shall be subject to the late payment factor of the USWC Qwest Intrastate
Access Service Tariffs, General Regulations for the state in which the Paging CMRS
Connection Service or other service provided pursuant to this Agreement is rendered.
12.
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12.
12.4
Should either Party dispute any portion of the montWy billing under this Agreement, that
Party will notify the other Party in writing within thirty (30) days of the receipt of such
billing, identifying the amount and details of such dispute. Both Parties agree to expedite
the investigation of any disputed amounts in an effort to resolve and settle the dispute prior
to initiating any other rights or remedies. Each party shall pay all billed amounts when
due, provided, however, that a Party may withhold (i) up to four months worth of disputed
charges (not to exceed $100 000 in the aggregate for all disputes should multiple disputes
exist) pending resolution of such dispute, and (ii) any disputed amounts pertaining to
reciprocal compensation for internet-related traffic. Should the dispute be resolved in the
non-disputing Party's favor, the disputing Party shall pay the withheld amounts to the non-
disputing Party within thirty days. Should the dispute be resolved in the disputing Party'
favor, the non-disputing party will credit any paid disputed amounts against the disputing
Party's succeeding monthly bills; provided, however, that if a credit balance remains for
more than 3 months on an account, the non-disputing Party shall pay the credit balance in
cash to the disputing Party. No late payment factor or charges, interest or other penalties
shall apply to payments or credits made pursuant to the settlement of disputed amounts
provided the payment or credit is made within 30 days following the resolution ofthe
dispute.
If either Party is repeatedly delinquent in making payments, the other Party may, in its sole
discretion, require a deposit to be held as security for the payment of charges. "Repeatedly
delinquent" means being thirty (30) days or more delinquent in the payment of non-
disputed amounts for three (3) consecutive months. The deposit may not exceed the
estimated total montWy charges for a two (2) month period. The deposit may be a cash
deposit, a letter of credit with terms and conditions acceptable to the requesting Party in its
sole discretion, or some other form of mutually acceptable security.
12.Interest will be paid on cash deposits at the rate applying to deposits under applicable
Commission rules, regulations, or Tariffs. Cash deposits and accrued interest will be
credited to the depositing Party s account or refunded, as appropriate, upon the earlier of
the termination of this Agreement or one full year of timely payments in full by the
depositing Party. The fact that a deposit has been made does not relieve the depositing
Party from any requirements of this Agreement.
MISCELLANEOUS TERMS
13.General Provisions
13.1. The Parties are each solely responsible for participation in and compliance with
national network plans, including the National Network Security Plan and
Emergency Preparedness Plan.
13 .1.2. Each Party is solely responsible for the services it provides to its End Users and to
other telecommunications carriers.
13 .1.3. The Parties shall work cooperatively to minimize fraud associated with third-
number billed calls, calling card calls, and any other services related to this
Agreement.
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13.
13.
13.4.
13.
Taxes
Each Party shall payor otherwise be responsible for all federal, state, or local sales, use
excise, gross receipts, transaction or similar taxes, fees or surcharges levied against or
upon such Party, except for any tax on either Party s corporate existence, status or net
income. Whenever possible, these amounts shall be billed as a separate item on the
invoice. To the extent a sale is claimed to be for resale tax exemption, the purchasing
Party shall furnish the providing Party a proper resale tax exemption certificate as
authorized or required by statute or regulation by the jurisdiction providing said resale tax
exemption. Failure to timely provide said resale tax exemption certificate will result in no
exemption being available to the purchasing Party.
Force Majeure
Neither Party shall be liable for any delay or failure in perfonnance of any part of this
Agreement from any cause beyond its control and without its fault or negligence including,
without limitation, acts of nature, acts of civil or military authority, government
regulations, embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions
earthquakes, nuclear accidents, floods, labor disputes, strikes or lockouts, equipment
failures due to year 2000 (Y2K) problems, power blackouts, volcanic action, other major
environmental disturbances, an unforeseeable inability to secure products or services of
other persons or transportation facilities or acts or omissions of transportation carriers
(collectively, a "Force Majeure Event"
Limitation of Liability
13.4 .1. Each Party shall be liable to the other for direct damages for any loss, defect or
equipment failure resulting from the causing Party's conduct or the conduct of its
agents or contractors in perfonning the obligations contained in this Agreement.
13.4.Except for indemnity obligations, each Party s liability to the other Party for any
loss relating to or arising out of any negligent act or omission in its perfonnance of
this Agreement, whether in contract or in tort, shall be limited to the total amount
that is or would have been charged to the other Party by such negligent or
breaching Party for the service(s) or function(s) not perfonned or improperly
perfonned.
13.4.3. Except as provided in Sections 13.6.4 and 13.5 below, neither Party shall be
liable to the other under this Agreement for indirect, incidental, consequential, or
special damages, including (without limitation) damages for lost profits, lost
revenues, lost whether in contract, warranty, strict liability, tort, including
(without limitation) negligence of any kind and regardless of whether the Parties
knew the possibility that such damages could result.
13.4. Nothing contained in this Section shall limit either Party s liability to the other for
willful misconduct.
13.5. Nothing contained in this Section shall limit either Party s obligations of
indemnification as specified in Section 13.7 of this Agreement.
Indemnity
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13.1. With respect to third party claims, each of the Parties agrees to release, indemnify,
defend and hold hannless the other Party and each of its officers, directors
employees and agents (each an "Indemnitee ) from, against and in respect of any
loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of
any nature or kind, known or unknown, liquidated or unliquidated including, but
not limited to, costs and attomeys' fees (collectively and individually "Claims
whether suffered, made, instituted, or asserted by any other party or person, for
invasion of privacy, personal injury to or death of any person or persons, or for
loss, damage to, or destruction of property, whether or not owned by others
resulting from the indemnifying Party s perfonnance, violation of law, or status of
its employees, agents and subcontractors; or for failure to perfonn under this
Agreement, regardless of the fonn of action, except for Claims arising out of
resulting from, or in connection with the Indemnitee s negligence or willful
misconduct.
13.2. The indemnification provided herein shall be conditioned upon:
13.
13.
13.
13.
The indemnified Party shall promptly notify the indemnifying Party in
writing of any action taken against the indemnified Party relating to
the indemnification. Failure to so notify the indemnifying Party shall
not relieve the indemnifying Party of any liability that the
indemnifying Party might have, except to the extent that such failure
prejudices the indemnifying Party s ability to defend such Claim.
The indemnifying Party shall have sole authority to defend any such
action, including the selection of legal counsel, and the indemnified
Party may engage separate legal counsel only at its sole cost and
expense. The indemnified Party shall cooperate with the indemnifying
Party at the indemnifying Party s reasonable expense.
In no event shall the indemnifying Party settle or consent to any
judgment pertaining to any such action which is payable in any part
by the indemnified Party without the prior written consent of the
indemnified Party.
Intellectual Property
13.1. Paging CMRS Provider and USW C Qwest shall not, without the express written
pennission ofthe other, state or imply that; 1) they are connected, or in any way
affiliated, with each other or the other s affiliates, 2) they are part of a joint
business association or any similar arrangement with each other or the other
affiliates, 3) they or their affiliates are in any way sponsoring, endorsing or
certifying each other or their goods and services, or 4) with respect to the other
advertising or promotional activities or materials, that they are in any way
associated with or originated from the other or any ofthe other s affiliates.
Nothing in this paragraph shall prevent Paging CMRS Provider and USWC
Qwest from truthfully describing the network elements they use to provide service
to their End Users.
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13.Except as expressly provided in this Intellectual Property Section, nothing in this
Agreement shall be construed as the grant of a license, either express or implied
with respect to any patent, copyright, logo, trademark, tradename, trade secret or
any other intellectual property right now or hereafter owned, controlled or
licensable by either Party. Paging CMRS Provider and USWC Qwest may not
use any patent, copyright, logo, trademark, tradename, trade secret or other
intellectual property right of the other Party or its affiliates without execution of a
separate agreement between the Parties.
13.Paging CMRS Provider and USWC Qwest acknowledge the value of the marks
U S WEST Qwest,
" "
U S WEST Communications Qwest Corporation,
Arch Paging, Inc.WaveSent LLC" and "Mabile Communications
Corporation of ,merica,(the "Marks ) and the goodwill associated therewith
and acknowledge that such goodwill is a property right belonging to U S WEST,
IBe.-, USWC Qwest, and AFeh Paging, Inc.WaveSent and Mabile
Communications Corporation of ,merica respectively (the "Owners ). The
Parties recognize that nothing contained in this Agreement is intended as an
assignment or grant to either Party of any right, title or interest in or to the Marks
and that this Agreement does not confer any right or license to grant sublicenses or
permission to third parties to use the Marks and is not assignable. The Parties will
do nothing inconsistent with the Owners' ownership of the Marks , and all rights, if
any, that may be acquired by use of the Marks shall inure to the benefit of the
Owners. The Parties will not adopt, use (other than as authorized herein ) register
or seek to register any mark anywhere in the world which is identical or
confusingly similar to the Marks or which is so similar thereto as to constitute a
deceptive colorable imitation thereof or to suggest or imply some association
sponsorship, or endorsement by the Owners. The Owners make no warranties
regarding ownership of any rights in or the validity of the Marks.
13.6.4. As a condition to the access or use of patents, copyrights, trade secrets and other
intellectual property (including software) owned or controlled by a third party to
the extent necessary to implement this Agreement or specifically required by the
then applicable federal and state rules and regulations relating to interconnection
and access to telecommunications facilities and services, the Party providing
access may require the other upon written notice, from time to time, to obtain a
license or permission for such access or use, make all payments in connection with
obtaining such permission, and providing evidence of such permission.
13.Warranties
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, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
13.Assignment
Neither Party may assign or transfer (whether by operation oflaw or otherwise) this
Agreement (or any rights or obligations hereunder) to a third party without the prior
written consent of the other Party, which consent shall not be unreasonably withheld or
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13.
13.10.
delayed, provided that each Party may assign this Agreement to a corporate affiliate or an
entity under its common control or an entity acquiring all or substantially all of its assets
or equity by providing prior written notice to the other Party of such assignment or
transfer. Any attempted assignment or transfer that is not permitted is void ab initio.
Without limiting the generality of the foregoing, this Agreement shall be binding upon and
shall inure to the benefit of the Parties' respective successors and assigns.
Default
If either Party defaults in the payment of any amount due hereunder, or if either Party
violates any other provision of this Agreement, and such default or violation shall continue
for thirty (30) days after written notice thereof, the other Party may seek legal and/or
regulatory relief. All remedies provided for herein shall be cumulative. The failure
either Party to enforce any of the provisions of this Agreement or the waiver thereof in any
instance shall not be construed as a general waiver or relinquishment on its part of any
such provision, but the same shall, nevertheless, be and remain in full force and effect.
Disclaimer of Agency
Except for provisions herein, if any, expressly authorizing a Party to act for the other
nothing in this Agreement shall constitute a Party as a legal representative or agent of the
other Party, nor shall a Party have the right or authority to assume, create or incur any
liability or any obligation of any kind, express or implied, against or in the name or on
behalf of the other Party unless otherwise expressly permitted by such other Party. Except
as otherwise expressly provided in this Agreement, no Party undertakes to perform any
obligation ofthe other Party, whether regulatory or contractual, or to assume any
responsibility for the management of the other Party s business.
13.11. Severability
Except as provided in Section 1.2 of this Agreement, the provisions of this Agreement are
not severable.
13.12.Nondisclosure
13.12.1. All information, including but not limited to specifications, microfilm
photocopies, magnetic disks, magnetic tapes, drawings, sketches, models
samples, tools, technical information, data, employee records, maps, fmancial
reports, customer records, Customer Proprietary Network Information (as
defined by Section 222 (t)(2) of the Act and as implemented by the FCC) and
market data, (i) furnished by one Party to the other Party, or (ii) in written
graphic, electromagnetic, or other tangible form and marked at the time of
delivery as "Confidential" or "Proprietary , or (iii) communicated and declared
to the receiving Party at the time of delivery, or by written notice given to the
receiving Party within ten (10) days after delivery, to be "Confidential" or
Proprietary" (collectively referred to as "Proprietary Information ), shall
remain the property of the disclosing Party. A Party who receives Proprietary
Information via an oral communication may request written confirmation that
the material is Proprietary Information. A Party who delivers Proprietary
Information via an oral communication may request written confirmation that
the Party receiving the information understands that the material is Proprietary
Information.
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13.12.2. Upon request by the disclosing Party, the receiving Party shall either return or
destroy all tangible copies of Proprietary Information whether written, graphic
or otherwise at the receiving Party s option.
13.12.Each Party shall endeavor to keep all of the other Party's Proprietary
Information confidential using the same degree of care as the receiving Party
uses for its own confidential information of similar importance and shall use the
other Party s Proprietary Information only in connection with performance of
this Agreement. Neither Party shall use the other Party s Proprietary
Information for any other purpose except upon such terms and conditions as
may be agreed upon between the Parties in writing.
13.12.4. Unless otherwise agreed, the obligations of confidentiality and non-use set forth
in this Agreement do not apply to such Proprietary Information as:
13.12.4.
13.12.4.
13.12.4.
13.12.4.4.
13.12.4.
13.12.4.
13.12.4.
13.12.
was at the time of receipt already known to the receiving Party
free of any obligation to keep it confidential; or
is or becomes publicly known through no wrongful act of the
receiving Party; or
is rightfully received from a third person having no direct or
indirect secrecy or confidentiality obligation to the disclosing
Party with respect to such information; or
is independently developed by an employee, agent, or contractor
of the receiving Party without reference to the Proprietary
Information; or
is disclosed to a third person by the disclosing Party without
similar restrictions on such third person s rights; or
is approved for release by written authorization of the disclosing
Party; or
is required to be made public by the receiving Party pursuant to
applicable law or regulation provided that the receiving Party
shall give sufficient notice of the requirement to the disclosing
Party to enable the disclosing Party to seek protective orders, at
the disclosing Party s sole expense.
Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Proprietary Information provisions of this Agreement shall apply
to all Proprietary Information furnished by either Party to the other in
furtherance of the purpose of this Agreement, even iffumished before the date
of this Agreement.
13.13. Survival
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CDS 000014 0079 (.r-Gh)
Any obligations under this Agreement which by their nature are intended to continue
beyond the tennination or expiration of this Agreement shaH survive the tennination or
expiration of this Agreement.
13 .14. Dispute Resolution
13.14.
13.14.
13.14.3.
13.14.4.
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CDS QOOe14 QQ79 (/\rsl'1)
If any claim, controversy or dispute between the Parties, their agents,
employees, officers, directors or affiliated agents should arise, and the
Parties do not resolve it in the ordinary course of their dealings (the
Dispute ), then it shall be resolved in accordance with the dispute
resolution process set forth in this Section. Each notice of default, unless
cured within the applicable cure period, shall be resolved in accordance
herewith.
At the written request of either Party, and prior to any other formal
dispute resolution proceedings, each Party shall designate a vice-
presidential level employee to review, meet, and negotiate, in good faith
to resolve the Dispute. The Parties intend that these negotiations be
conducted by non-lawyer, business representatives, and the locations,
format, frequency, duration, and conclusions of these discussions shall be
at the discretion of the representatives. By mutual agreement, the
representatives may use other procedures, such as mediation, to assist in
these negotiations. The discussions and correspondence among the
representatives for the purposes of these negotiations shall be treated as
Confidential Information developed for purposes of settlement, and shall
be exempt from discovery and production, and shall not be admissible in
any subsequent arbitration or other proceedings without the concurrence
of both of the Parties.
If the vice-presidential level representatives have not reached a resolution
the Dispute within thirty (30) calendar days after the matter is referred to
them, then either Party may demand that the Dispute be settled by arbitration.
If any claim, controversy or dispute between the Parties, their agents
employees, officers, directors or affiliated agents ("Dispute ) cannot be settled
through negotiation, it shaH be resolved by arbitration under the then current
rules of the American Arbitration Association ("AAA"). The arbitration shallbe conducted by single neutral arbitrator familiar with the
telecommunications industry and engaged in the practice of law. Such
arbitrator shaH not be a current or fonner employee, agent, contractor, officer
or director of either Party or its affiliates or subsidiaries or related in any way
to a current or former employee, agent, contractor, officer, or director of either
Party or its affiliates. The Federal Arbitration Act, 9 u.S.c. Secs. 1-, not
state law, shall govern the arbitrability of all Disputes. The arbitrator shall
not have authority to award punitive damages. All expedited procedures
prescribed by the AAA rules shall apply and the rules used shall be those for
the telecommunications industry. The arbitrator s award shall be final and
binding and may be entered in any court having jurisdiction thereof. The
prevailing Party, as determined by the arbitrator, shall be entitled to an award
of reasonable attomeys ' fees and costs. The arbitration shall occur at a
mutually agreed upon location. Nothing in this Section shall be construed to
waive or limit either Party s right to seek relief from the Commission or the
FCC as provided by state or federal law.
13.14.No action, regardless of form, may be brought with respect to any dispute
arising out of this Agreement, by either Party more than two (2) years after
the cause of action accrues.
13.15.Controlling Law
This Agreement was negotiated by the Parties in accordance with the terms ofthe Act and
the laws of the state where service is provided hereunder. It shall be interpreted solely in
accordance with the terms ofthe Act and the applicable state law in the state where the
service is provided. Where this Agreement and an applicable Tariff are in conflict, this
Agreement shall control.
13.16.Joint Work Product
This Agreement is the joint work product of the Parties, has been negotiated by the Parties
and their respective counsel and shall be interpreted in accordance with its terms. In the
event of any ambiguities, no inferences shall be drawn against either Party as if they were
the drafter of the Agreement.
13.17.Responsibility for Environmental Contamination
Neither Party shall be liable to the other for any costs whatsoever resulting from the
presence or release of any environmental hazard that such Party did not introduce to the
affected work location. Both Parties shall defend and hold harmless the other, its officers
directors and employees from and against any losses, damages, claims, demands, suits
liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out
of or result from (i) any environmental hazard that the indemnifying Party, its contractors
or agents introduce to the work locations or (ii) the presence or release of any
environmental hazard for which the indemnifying Party is responsible under applicable
law, except to the extent such environmental hazard arises out of, or is in connection with
the other Party's negligence or willful misconduct.
13.18. Notices
Any notices required by or concerning this Agreement shall be delivered by hand or sent
via courier or certified mail to the Parties at the addresses shown below:
Qwest Corporation WaveSent LLC
4-7-2004-WaveSent-ID (252(i)).doc-
CDS QQQ614 0079 (,
13.19.
13.20.
13.21.
U S WEST Communications, Inc.ARh Paging Inc., and Mabile
Communications Corporation of
merica
1800 West Park Dri-e, Suite 250
Westborough, MA 01581 3912
Attn.: Mr. Dennis Dayle
(508) 870 (j(j12
Director - Compliance
1801 California Street, Room 2410
Denver, CO 80202
With a copy to:Attention: Telecom Admin
6610 Overland Rd.
Boise, ID 83709U S WEST Law Department
Attention General Counsel
1801 California, Room 5100
Denver, CO 80202
Each Party shall inform the other of any changes in the above addresses.
Responsibility of Each Party
Each Party is an independent contractor, and has and hereby retains the right to exercise
full control of and supervision over its own performance of its obligations under this
Agreement and retains full control over the employment, direction, compensation and
discharge of all employees assisting in the performance of such obligations. Each Party
will be solely responsible for all matters relating to payment of such employees, including
compliance with social security taxes, withholding taxes and all other regulations
governing such matters. Each Party will be solely responsible for proper handling,
storage, transport and disposal at its own expense of all (i) substances or materials that it
or its contractors or agents bring to, create or assume control over at work locations or, (ii)
waste resulting therefrom or otherwise generated in connection with its or its contractors
or agents ' activities at the work locations. Subject to the limitations on liability and except
as otherwise provided in this Agreement, each Party shall be responsible for (i) its own
acts and performance of all obligations imposed by applicable law in connection with its
activities, legal status and property, real or personal and, (ii) the acts of its own affiliates
employees, agents and contractors during the performance ofthat Party's obligations
hereunder.
No Third Party Beneficiaries
Except as may be specifically set forth in this Agreement, this Agreement does not provide
and shall not be construed to provide third parties with any remedy, claim, liability,
reimbursement, cause of action, or other privilege.
Referenced Documents
All references to Appendixes, Sections, Exhibits, and Schedules shall be deemed to be
references to Sections of, and Exhibits and Schedules to, this Agreement unless the context
shall otherwise require. Whenever any provision of this Agreement refers to a technical
reference, technical publication Paging CMRS Provider practice USWC Qwest
practice, any publication of telecommunications industry administrative or technical
standards, or any other document specifically incorporated into this Agreement, it will be
deemed to be a reference to the most recent version or edition (including any amendments
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 000011 0079 (!'.F6h)
13.22.
13.23.
13.24.
13.25.
13.26.
supplements, addenda, or successors) of such document that is in effect on the date hereof.
If there are changes to such documents, the Parties will jointly agree whether this
Agreement shall include such revised version or edition (including any amendments
supplements, addenda, or successors) of each document incorporated by reference in such
a technical reference, technical publication Paging CMRS Provider practice USWC
Qwest practice, or publication of industry standards (unless Paging CMRS Provider
elects otherwise). Should there be any inconsistency between or among publications or
standards, the Parties will jointly agree which requirement shall apply.
Publicity and Advertising
Neither Party shall publish (other than in connection with necessary approval ofthis
Agreement by a Commission with jurisdiction) or use any advertising, sales promotions or
other publicity materials that use the other Party's logo, trademarks or service marks
without the prior written approval of the other Party.
Amendment
Paging CMRS Provider and USWC Qwest may mutually agree to amend this Agreement
in writing. Since it is possible that amendments to this Agreement may be needed to fully
satisfy the purposes and objectives of this Agreement, the Parties agree to work
cooperatively, promptly and in good faith to negotiate and implement any such additions
changes and corrections to this Agreement.
Executed in Counterparts
This Agreement may be executed in any number of counterparts , each of which shall be
deemed an original; but such counterparts shall together constitute one and the same
instrument.
Headings of No Force or Effect
The headings of Articles and Sections of this Agreement are for convenience of reference
only, and shall in no way define, modify or restrict the meaning or interpretation of the
terms or provisions of this Agreement.
Regulatory Approval
The Parties understand and agree that this Agreement will be filed with the Commission
and may thereafter be filed with the FCC and shall, at times, be subject to review by the
Commission or the FCc. The Parties shall cooperate in a good faith effort to secure, as
soon as practicable, any required regulatory approvals of this Agreement.
13.27. Compliance
Each Party shall comply with all applicable federal, state, and local laws, rules and
regulations applicable to its performance under this Agreement.
13 .28 Further Assurances
Each Party shall at any time, and from time to time, upon the written request of the other
Party, execute and deliver such further documents, and do such further acts and things as
the other Party may reasonably request to effect the purposes of this Agreement. The
Parties shall act in good faith and consistent with the intent of the Act in the performance
oftheir obligations under this Agreement. Where notice, approval or similar action by a
Party is permitted or required by any provision of this Agreement (including, without limit
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 000611 0079 (!\rGh)
the obligation ofthe Parties to further negotiate the resolution of new or open issues under
this Agreement) such action shall not be unreasonably delayed, withheld or conditioned.
13.29 Section 252(i) Election
Paging CMRS Provider shall have the right under 47 US.C. Sections 252(i) to elect
terms and conditions from other approved agreements consistent with 47 C.R. Section
809.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their
respective duly authorized representatives for service in the state ofIdaho.
* ARb Paging, Ine. and Mobile
Communieation Corporation of Ameriea
WaveSent LLC
U S WEST Communieations, Ine.
Qwest Corporation
Signature
Title
Signature
Elizabeth J. Stamp
Name Printedffyped
Director - Interconnect
Title
Name Printedffyped
Date Date
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 00Q€j11 90:79 (,
APPENDIX A - Rates and Charges
FACILITY CHARGES
A. Paging CMRS Provider shall be obligated to pay for the portion of the faeilities used to
deliver Third Party Traftie as set forth below. The payment shall be ealeulated by
mukiplying the speeified rate by the Third Party Trafiie pereentage. Twenty four (24%)
of all traffie deliYered by US"'C Qwest to Paging CMRS Provider under this Agreement
shall be deemed Third Party Trafiie.
The originating company is responsible for payment of appropriate rates to the transit
company and to the terminating company. In the case of Exchange Access (IntraLA T A
Toll) traffic where Qwest is the designated IntraLATA Toll provider for existing LECs,
Qwest will be responsible for payment of appropriate usage rates.
B. 100% ofthe Non recurring charges incurred due to Paging CMRS Provider relocation or
equipment change will be paid.
COMPENSATION FOR DELIVERY OF USWC ORIGINATED TRAFFIC
A. Flat Rate per Trunk: Pursuant to Section 6 USWC Qwest will compensate Paging CMRS
Provider on a monthly basis at a flat rate per trunk for delivery of USWC Qwest originated
traffic as follows:
Type 1: 6 000 MOU per trunk times Compensable Traffic percentage times $0.003398
times trunk quantity
Type 2: 6 000 MOU per trunk times Compensable Traffic percentage times $0.003398
times trunk quantity
B. Flat Rate per Trunk: Pursuant to Seetion (i, upon establishment of 8ft aetual three (3)
month aO.'erage Minutes of Use (MOU) per trunk group type, USWC will eompensate
Paging Pro..ider on a monthly basis at a Hat rate per trunk for delio/ery of USWC
originated traffie as follows:
Type 1: Ayerage MOU per trunl,- times Compensable Trafiie pereentage times
$0.003398 times trunl,- quantity
Type 2: Average MOU per trunl,- times Compensable Trame pereentage times
$0.003398 times trunl,- quantity
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CDS 900611 QQ7Q (/\rGI1)
C. The Compensable Traffic percentage shall be calculated as follows: Compensable Traffic
percentage equals one hundred percent minus Third Party Traffie pereentage
BFR PROCESSING FEE
Pursuant to Section 15 , Bona Fide Request USWC Qwest shall apply a fee of Two Thousand
One Hundred and Twenty Eight Dollars ($2128.00) for processing each Bona Fide Request
submitted by Paging CMRS Provider.
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 000614 0079 (!\r-sh)
APPENDIX A - SCHEDULE 1
IDAHO TYPE 1 TELRIC RATES
PAGE 1- IDAHO TYPE 1 TELRIC RATES
ESCRIPTI 0 N USOC NON-RECURRIN G
RECURRING
NETWORK ACCESS CHANNEL - NAC
Analog 2-wire Channels:MTZIX $263.$38.
I-way in (land to mobile)
Analog 4-wire Channels:MTJ IX $263.$89.
I-way in (land to mobile)
4-wire Digital Channels:M4W1X $78.N/A
I-way in (land to mobile)
DIGITAL FACILITY
DS 1 Level MF31X $485.$93.
CONNECTIVITY
Analog (Per analog channel)CK6AX N/A $20.
DSI Level (Per DSI Facility)CK61X N/A $50.40
- per DS 1 Activated on a DS3 Facility CK61X N/A $50.40
DIAL OUTPULSING
Per each one-way-in (land to mobile)
or two-way channel:
Analog 2-wire OUPAX $181.66 N/A
Analog 4-wire or Digital OUPDX $181.66 N/A
MUL TIPLEXING
DS 1 to DSO MXG IX $291.$199.
CHANNEL PERFO RMAN CE
Loop Start PM2GG N/A $7.
Ground Start PM2HG N/A $5.
Loop with Reverse Battery PM2JG N/A $4.
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 000014 0079 (!\rch)
PAGE 2 - IDAHO TYPE 1 TELRIC RATES
DESCRIPTION USOC NON-RECURRIN G
RECURRING
DEDICATED TRANSPORT
AnaloglDSO
Over 0 to 8 Miles
Fixed:XUWH 1 $28.$18.
Per Mile JZ3HA N/A $0.
Over 8 to 25 Miles
Fixed:X UWH2 $28.$18.
Per Mile JZ3HB N/A $0.
Over 25 to 50 Miles
Fixed XUWH3 $28.$18.
Per Mile JZ3HC N/A $0.13
Over 50 Miles
Fixed XUWH4 $28.$18.
Per Mile JZ3HD N/A $0.
DSI Level
Over 0 to 8 Miles
Fixed XUWJl $216.$37.
Per Mile JZ3JA N/A $1.28
Over 8 to 25 Miles
Fixed XUWJ2 $216.$37.
Per Mile JZ3JB N/A $1.
Over 25 to 50 Miles
Fixed XUWJ3 $216.$37.
Per Mile JZ3JC N/A $2.
Over 50 Miles
Fixed XUWJ4 $216.$37.
Per Mile JZ3JD N/A $1.90
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 000011 9919 (.'\r:sIc1)
APPENDIX A - SCHEDULE 1
IDAHO TYPE 2 TELRIC RATES
PAGE 1- IDAHO TYPE 2 TELRIC RATES
DESCRIPTION USOC NON-RECURRING MONTHLY
CHANNEL
(Network Access Channel-NAC)
2 wire Analog (trunk side termination)
2A-l way in (Paging)P231X $263.$38.
4 wife Ana1o~ (trunk side termination)
2A-l way in (Paging)P431X $263.$73.
4 wire Di ital trunk side termination
TYPE 2A
2A-l way in (Paging)
Initial P4YIX $78.N/A
Subsequent P4YIX $78.N/A
Channel Facility-DSI Level MF31X $485.$93.
Channel Facility-DS3 Level MF33X $532.$368.
4-7-2004-WaveSent-ID (252(i)).doc-
CDS OOQ611 0079 (.'\r.eh)
PAGE 2 - IDAHO TYPE 2 TELRIC RATES
DESCRIPTION USOC NON-RECURRING
RECURRING
DEDICATED TRANSPORT
Analog/DSO
Over 0 to 8 Miles
Fixed:XU2T 1 $28.29 $18.
Per Mile JZ3TA $28.$0.
Over 8 to 25 Miles
Fixed:XU2T2 $28.29 $18.
Per Mile JZ3TB $28.$0.
Over 25 to 50 Miles
Fixed XU2T3 $28.$18.
Per Mile JZ3TC $28.$0.
Over 50 Miles
Fixed XU2T4 $28.$18.
Per Mile JZ3TD $28.$0.
DSI Level
Over 0 to 8 Miles
Fixed xuwn $216.$37.
Per Mile JZ3JA $216.$1.28
Over 8 to 25 Miles
Fixed XUWJ2 $216.$37.
Per Mile JZ3JB $216.$1.90
Over 25 to 50 Miles
Fixed XUWJ3 $216.$37.
Per Mile JZ3JC $216.$2.
Over 50 Miles
Fixed XUWJ4 $216.$37.
Per Mile JZ3JD $216.$1.90
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 000011 0079 (:\FGh)
PAGE 3 - IDAHO TYPE 2 TELRIC RATES
DESCRIPTION USOC NON-RECURRING
RECURRING
DS3 Level
Over 0 to 8 Miles
Fixed:XUWK 1 $216.$257.18
Per Mile JZ3KA $216.$19.48
Over 8 to 25 Miles
Fixed:XUWK2 $216.$260.49
Per Mile JZ3KB $216.$24.
Over 25 to 50 Miles
Fixed XUWK3 $216.$260.
Per Mile JZ3KC $216.$26.43
Over 50 Miles
Fixed XUWK 4 $216.$259.
Per Mile JZ3KD $216.$26.
CHANNEL PERFORMANCE PM2JG N/A $4.
Loop with Reverse Battery
Applies only when there is Dedicated
Transport on Analog 2-Wire NAC
MUL TIPLEXING
Per DS 1 to DSO Multiplexer MXGIX $291.36 $199.
Per DS3 to DS 1 Multiplexer MXG3X $298.$201.88
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 000014 9W9 (/\FCI1)
APPENDIX B - TYPE 1 PAGING CMRS CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST
DATE PREPARED: (update required quarterly)
Paging CMRS Provider s Point of Connection (pOC) (one form required per POC)
New POC
Existing POC I For loternal Use Ooly
Paging CMRS Provider:ACNA:
POC Address:
City, State, Zip:
Switch eLL! Code (associated with NXX):
POC eLL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL PACINC CMRS DID Numbers associated with this POC:
PlldDE CMRS Provider s Equipment Requirements (check appropriate line(s))Digital Analog 2-wire- 4-wire
Trunk Pulsing: Multifrequency (MF) Dial Pulse (DP)
Dual Tone Multifrequency (DTMF)
Start Signaling: Wink
Outpulsing (4-10 digits)
Immediate (IMM)Delayed Start
Network Channel Interface - Analog
Reverse Battery - 600 ohms
Reverse Battery - 900 ohms
Loop Start
E & M Signaling - Type I
E & M Signaling - Type II
Network Channel Interface - Dil!ital:
DS3
DSI AMI + SF
DSI AMI + ANSI ESF
DSI AMI + non-ANSI ESF
DSI B8ZS + SF
DSI B8ZS + ANSI ESF
DSI B8ZS + non-ANSI ESF
4-7-2004-WaveSent-ID (252(i)).doc-
CDS OOQ61" 0079 (/\rsh)
APPENDIX B - TYPE 1 PACINC CMRS CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
Year 1 Year 2 Year 3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information to this forecast, per Section
2 of this Agreement
Mail completed form to:USWC Qwest
Type 1 Forecast Manger
250 Bell Plaza, Room 311
SaltLakeCity,UT 84111
4-7-2004-WaveSent-ID (252(i)).doc-
CDS OOQ614 0079 (.rol'1)
APPENDIX B - TYPE 1 CINC CMRS CONNECTION SERVICE
INITIAL POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST
DATE PREPARED:(update required quarterly)
PagiBg CMRS Provider s Point of Connection (pOC) (one form required per POC)New POC For Internal Use Only
Existing POC
PagiBg CMRS Provider:ACNA:
POC Address:
City, State, Zip:
Switch eLL! Code (associated with NXX):
POC eLL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL '\CINC CMRS DID Numbers associated with this POC:
Pa2i:B2 CMRS Provider s Equipment Requirements (check appropriate line(s))Digital Analog 2-wire- 4-wire
Trunk Pulsing: Multifrequency (MF) Dial Pulse (DP)
Dual Tone Multifrequency (DTMF)
Start Signaling: Wink
OutpuJsing (4-10 digits)
Immediate (IMM)Delayed Start
Network Channel Interface - Analog
Reverse Battery - 600 ohms
Reverse Battery - 900 ohms
Loop Start
E & M Signaling - Type I
E & M Signaling - Type II
Network Channel Interface - Dieital:
DS3
DSI AMI + SF
DSI AMI + ANSI ESF
DSI AMI + non-ANSI ESF
DSI B8ZS + SF
DSI B8ZS + ANSI ESF
DSI B8ZS + non-ANSI ESF
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 900&11 0079 (J\r-Gh)
APPENDIX B - TYPE 1 CINC CMRS CONNECTION SERVICE
INITIAL POC FORECAST FORM
Year 1 Year 2 Year 3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information to this forecast, per Section
2 ofthis Agreement
Mail completed form to:USWC Qwest
Type 1 Forecast Manger
250 Bell Plaza, Room 311
Salt Lake City, UT 84111
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 000611 0079 (J\r-Gh)
APPENDIX B - TYPE 2 PACINC CMRS CONNECTION SERVICE
INITIAL POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST
DATE PREPARED:(update required quarterly)
Paging CMRS Provider s Point of Connection (pOC) (one form required per POC)
New POC
Existing POC
For Internal Use Only
Paging CMRS Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLL! Code (associated with NXX):
POC eLL! Code (if assigned)
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL CINC CMRS NXX's associated with this POC: (Type 2 Paging CMRS Service is onlyavailable to NXX's and associated POCs located within the geographical serving area of the respective
YSW(; Qwest Local and LATA/Toll Tandems)
Pa2iB2 CMRS Provider s Equipment Requirements
Trunk Pulsing
Multifrequency (MF-Wink Start)
Common Channel Signaling (SS7)
Digits Required (4-10 digits):
(check appropriate line(s))
Network Channel Interface - Digital only
(if DS3, identify both DS3 and DSllevel):
DS3 DSI AMI + SF
DSI AMI + ANSI ESF
DSI AMI + non-ANSI ESF
DS 1 B8ZS + SF
DSI B8ZS + ANSI ESF
DSI B8ZS + non-ANSI ESF
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 000011 9979 (J\Fsh)
APPENDIX B - TYPE 2 PACINC CMRS CONNECTION SERVICE
INITIAL POC FORECAST FORM
Us8e:e Forecast - EAS Traffic
Year 1 Year 2 Year 3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Equivalent Trunks:Year 1 Year 2 Year 3
Usae:e Forecast - Toll Traffic
Year 1 Year 2 Year 3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Prepared by:Date:
Title:Telephone Number:
Please attach additional maior network project information
to this forecast, per Section 4.2 of the Agreement
Mail completed fonn to:USWC Qwest
Type 2 Forecast Manager
250 Bell Plaza, Room 311
Salt Lake City, UT 84111
4-7-2004-WaveSent-ID (252(i)).doc-
CDS OOQ611 ewe (.I\r~A)
APPENDIX B - TYPE 2 PACINC CMRS CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST
DATE PREPARED:(update required quarterly)
PagiBg CMRS Provider s Point of Connection (pOC) (one form required per POC)
New POC
Existing POC
For Internal Use Only
PagiBg CMRS Provider:ACNA:
POC Address:
City, State, Zip:
Switch eLL! Code (associated with NXX):
POC eLL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL '\CINC CMRS NXX's associated with this POC: (Type 2 PagiBg CMRS Service is only
available to NXX's and associated POCs located within the geographical serving area of the respectiveYSW(; Qwest Local and LATA/Toll Tandems)
Pa2iB2 CMRS Provider s Equipment Requirements
Trunk Pulsing
Multifrequency (MF-Wink Start)
Common Channel Signaling (SS7)
Digits Required (4-10 digits):
(check appropriate line(s))
Network Channel Interface - Digital only
(if DSJ, identify both DSJ and DSllevel):
DS3 DSI AMI + SF
DSI AMI + ANSI ESF
DS 1 AMI + non-ANSI ESF
DSI B8ZS + SF
DSI B8ZS + ANSI ESF
DSI B8ZS + non-ANSI ESF
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 000611 9079 (l'.rGh)
APPENDIX B - TYPE 2 PACINC CMRS CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
Usaee Forecast - EAS Traffic
Year 1 Year 2 Year 3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Equivalent Trunks:Year 1 Year 2 Year 3
Usaee Forecast - Toll Traffic
Year 1 Year 2 Year 3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information
to this forecast, per Section 5.3 of the Agreement
Mail completed fonn to:USWC Qwest
Type 2 Forecast Manager
250 Bell Plaza, Room 311
Salt lake City, UT 84111
4-7-2004-WaveSent-ID (252(i)).doc-
CDS OOQ611 0079 (Am"')
1.0
APPENDIX C - Single Point of Presence (SPOP) in the LATA
Definitions
1.1 Entrance Facility (EF)/Channel Facility. Interconnection may be accomplished through the
provision of a DS 1 or DS3 entrance facility at rates provided in the underlying agreement. An
entrance facility extends from the Qwest Serving Wire Center to Paging CMRS Provider
terminal or POI. Entrance facilities may not extend beyond the area served by the Qwest
Serving Wire Center. Entrance Facilities may not be used for interconnection with unbundled
network elements.
2 Direct Trunked Transport (DTT)/Dedicated Transport is available between the Serving Wire
Center of the POI and Qwest's tandems or end office switches. When DTT is provided to a
local or access tandem for Exchange Service EAS/Local Traffic, or to an access tandem for
Exchange Access (IntraLATA Toll), or Jointly Provided Switched Access traffic, the
applicable DTT rate elements apply between the Serving Wire Center and the tandem.
Dedicated transport will be provided at rates and on conditions provided in the Underlying
Agreement, subject to the provisions of Section 2.3 below.
2.2
2.4
Terms and Conditions
SPOP is only provided in conjunction with Type 2 connection service.
By utilizing SPOP in the LATA Paging CMRS Provider can receive Exchange Access
(IntraLATA Toll Non-IXC) and Jointly Provided Switched Access (InterLATA and
IntraLATA IXC) traffic and Exchange Service EAS/Local traffic from Qwest's Access
Tandem Switches. The SPOP is defined as the Paging CMRS Provider s physical point of
presence.
SPOP in the LATA includes an Entrance Facility (EF) and DTT/Dedicated Transport options
at both a DSI and DS3 capacity, but not below a DSI capacity. Entrance Facilities, DTT
/Dedicated Transport used to deliver Qwest originated Intra-LATA traffic are provided to
Paging CMRS Providers at no charge exeept for the portion of the facility used to carFy
Third Party Traffic. Therefore, Qwest shall detennine all aspects and elements of the Paging
CMRS Connection Service facilities that it provides itself, including, but not limited to, design,
location, quantities, and distance, pursuant to the Delivery of Paging CMRS Traffic provisions
of the Underlying Agreement.
Where there is a Qwest local tandem serving a rate center to which Paging CMRS Provider
has assigned a full NXX code, local one way trunking must be requested from that Qwest local
tandem by Paging CMRS Provider. These trunks will carry Exchange Service EAS/Loca1
traffic only. A separate trunk group from the Qwest access tandem is required for the exchange
of Exchange Access (IntraLA T A Toll Non-IXC) traffic and jointly Provided Switched Access
(InterLATA and IntraLATA IXC) traffic.
Where there is no Qwest local tandem serving a Qwest end office, Qwest will provision
service by means of a one-way Type 2 trunk group from the Qwest access tandem for Paging
CMRS Provider traffic from or through the Qwest network that combines Exchange Service
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CDS 000011 0079 (Ar-sh)
2.10
EAS/Local, Exchange Access (Intra LATA Toll Non-IXC) and Jointly Provided Switched
Access (InterLATA and IntraLATA IXC) traffic.
If there is more than one Qwest access tandem within the LATA boundary, Paging CMRS
Provider may request SPOP and Qwest will route its traffic over Type 2 trunking from each
Qwest access tandem to the Paging CMRS Provider s tenninal or POI in a way that avoids
call blocking unless Paging CMRS Provider signs a Single Point of Presence Waiver as found
in Exhibit A of this amendment 1. Paging CMRS Provider will request trunking from each
local tandem serving the rate center it has designated for its NXX codes as listed in the LERG.
When there is a DSI of traffic (512 CCS/Centum Call Second) between a Qwest end office
and a Qwest tandem, Qwest may establish a direct trunk group, except for the portion of the
facilities used to carry Third Party Traffic, between the Qwest end office and Paging CMRS
Provider POI.
Where (Paging CMRS Provider) requests trunking for SPOP in the LATA that exceeds fifty
(50) miles, Qwest reserves the right to request negotiation of a mid-build meet point.
SPOP in the LATA cannot be used in conjunction with existing Paging CMRS Provider Type
2 trunking that connects to Qwest's end office switches with tandem functionality. Where such
trunking exists and Paging Provider requests SPOP, the Parties will deactivate the original
trunks.
The Type 2 SPOP facility cannot be used to access unbundled network elements.
SPOP in a LATA is available only where facilities are available. Qwest is not obligated
construct new facilities to provide SPOP in the LATA.
Ordering
1 SPOP in the LATA may be requested based on the standard process for Paging CMRS. See
Qwest Product Catalog for Type 2 service.
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CDS 000611 0079 (/\r-GA)
EXHIBIT A TO APPENDIX C
SINGLE POINT OF PRESENCE WAIVER FOR PAGING CMRS PROVIDERS
This Qwest SPOP Waiver only applies to Paging CMRS Providers that provide one-way, land-to-mobi1e
servIce.
Qwest will waive the requirement for Paging CMRS Provider to connect to each Qwest Access Tandem in
the LATA with this waiver amendment.
Paging CMRS Provider certifies that it will not establish any NXX codes in a rate center subtending the
Qwest Access Tandems for which Paging CMRS Provider seeks a waiver.
Paging CMRS Provider will notify Qwest of the Qwest access tandems subject to this waiver at the time of
requesting trunks required to implement SPOP in the LATA. Paging CMRS Provider will provide thirty
(30) days written notice to Qwest requesting any changes in the network configuration of the
aforementioned access tandems.
If Paging CMRS Provider does not request Qwest to provide trunking to a Qwest Access Tandem in a
LATA, calls originated from an end office subtending that tandem will not be delivered to Paging CMRS
Provider on a local basis, but calls will be delivered to Paging CMRS Provider on a 1 + (toll) basis.
Should misrouted traffic occur, Qwest will consider this waiver null and void and all requirements in
Attachment 1 or in the Underlying Agreement currently in effect between the Parties will be reinstated.
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CDS 00961 ~ 9079 (/'.r.eh)
APPENDIX D -Ordering
Ordering
7.4.When ordering (facilities), the ordering Party shall specify requirements on the Access
Service Request (ASR). When the ordering Party requests facilities, routing, or optional features
different than those determined to be available, the Parties will work cooperatively in determining an
acceptable configuration, based on available facilities, equipment and routing plans.
7.4.For each NXX code assigned to (WaveSent) by the NANPA, (WaveSent) will provide
Qwest with the CLLI codes of the Qwest tandems and the (WaveSent) POI to which trafficassociated with the NXX will be routed. For NXX codes assigned to existing bIS trunk groups,
(WaveSent) will also provide Qwest with the Qwest assigned Two-Six Code (TGSN) to which each
NXX will be routed. Information that is not currently available in the LERG may be provided viathe Routing Supplemental Form-Wireline available on the Qwest web site:
www.uswest.com/carrier/bulletins/process.htmi.
When the (CMRS) has a DS3 Entrance Facility or has purchased a DS3 private line
facility, the (CMRS) will order the appropriate DS1 facility required and identify the channels of the
DS3 to be used to provide circuit facility assignments. Also, if the (CMRS) has a DS1 Entrance
Facility or has purchased a DS1 private line facility, (CMRS) will be responsible for identification of
the DSO channels of the DS1 private line to be used to provide circuit facility assignment.
Where (WaveSent) has not previously established a POI and operated in a LATA, orwhere a new POI is being established in a given LATA, or where (WaveSent) is providing a new
forecast or requests changes to an existing forecast, a joint planning meeting will precede initial
trunking orders. These meetings will result in agreement and commitment that both parties canimplement the proposed plan and the transmittal of Access Service Requests (ASRs) to initiate orderactivity. A Party requesting tandem Interconnection will provide its best estimate of the traffic
distribution to each end office subtending the tandem.
Trunks will be ordered either to Qwest's end offices directly or to Qwest's local tandemfor Exchange Service (EAS/Local) traffic. Separate trunks will be ordered to Qwest's access tandem
for Exchange Access (IntraLATA toll) and Jointly Provided Switched Access traffic.
In the complete absence of a Local Tandem serving a particular end office, EAS/Local
Exchange Access (intraLATA Toll) and Jointly Provided Switched Access traffic between the Qwest
end office switch and (WaveSent) switch may be exchanged by the Parties through bIS trunk groupsestablished directly between (1) (WaveSent) switch and Qwest end office switch or (2) (WaveSent)switch and Qwest access tandem.
Initial establishment of trunking arrangements at each location of Interconnection
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CDS Q00611 0079 (/'.1'611)
between the Parties will be completed within twenty-two (22) business days of receipt of a valid ASR.
Qwest will provide (WaveSent) advanced notice and reason for its inability to meet the interval as
stated and provide the date on which the trunks will be provisioned. (WaveSent) will provide
forecasts according to the forecasting guidelines found in Section (5.3) of this Agreement.
Subsequent trunking arrangements for Interconnection between the Parties will be
completed within fifteen (15) business days of receipt of a valid ASR. Qwest will provide (WaveSent)
advanced notice and reason for its inability to meet the interval as stated and provide the date on
which the trunks will be provisioned. (WaveSent) will provide forecasts according to the forecasting
guidelines found in Section (5.3) of this Agreement.8. In cases where blocking is occurring, trunking arrangements to relieve such blocking
between the Parties shall be completed within five (5) business days of receipt of a valid ASR. Qwestwill provide (WaveSent) advanced notice and reason for its inability to meet the interval as stated and
provide the date on which the trunks will be provisioned. (WaveSent) will provide forecasts
according to the forecasting guidelines found in Section (5.3) of this Agreement.
4-7-2004-WaveSent-ID (252(i)).doc-
CDS 00061'1 0079 (t'.rGh)
Amendment
To Type 1 and Type 2 Wireless Interconnection Agreement between
Qwest Corporation and
Cellco Partnership d/b/a Verizon 'Nireless
WaveSent LLC
For the State of Idaho
This is an Amendment "Amendment" to the Type 1 and Type 2 VVireless Paging
Interconnection Agreement dated April 14 , 1997 between Qwest
Corporation ("Qwest") , formerly known as U S WEST Communications , Inc., a Colorado
corporation, and WaveSent LLC Cellco Partnership, db/a/ Verizon Wireless ("'
successor in interest to U S WEST NewVector Group, Inc., Boise City MS/\ Limited
Partnership, Idaho RS/\ No.1 Limited Partnership, Idaho RSA No.2 Limited Partnership
and Idaho RSA No.3 Limited Partnership d/b/a /\irTouch Cellular, with respect to and on
behalf of the FCC CMRS licensee(s) 1 and markets listed in Attachment /\
WaveSent"coliectively, "Cellco
).
WaveSent and Qwest shall be known jointly as
Parties.
RECITALS
WHEREAS, WaveSent and Qwest entered into the aforementioned
Interconnection Agreement ("Agreement") which was approved by the appropriate state
Commission ("Commission ); and
WHEREAS, the FCC issued an Order on Remand and Report and Order in CC Docket
Nos. 96-98 and 99-68 regarding intercarrier compensation for Internet service provider
ISP"bound traffic (the "Order"); and
WHEREAS, the Parties wish to amend the Agreement to implement the requirements of
aforementioned Order under the terms and conditions contained herein.
AGREEMENT
NOW THEREFORE , in consideration of the mutual terms, covenants and conditions
contained in this Amendment and other good and valuable consideration , the receipt and
sufficiency of which is hereby acknowledged, the Parties agree to amend the Agreement
as follows:
1. Definitions
For purposes of the Agreement and this Amendment, the following definitions shall
apply:
1 "Bill and Keep" is an arrangement where neither Qwest nor WaveSent charges
the other for terminating traffic that originated on the other Party s network. Instead
each carrier recovers from its own end users the cost of both originating traffic that it
delivers to the other carrier's network and terminating traffic that it receives from the
other carrier's network. Bill and Keep does not include intercarrier charges for the
transport of Transit Traffic between the Qwest and WaveSent networks.
1 The MT A paging licenses includes Utah, Wyoming, Idaho, Oregon, and Montana
ISPAmd
2 "ISP-bound traffic" means the offering of information access pursuant to 47 U.
~ 251(g) and the Order with respect to information services as defined in 47 U.C ~
153(20), and includes telecommunications traffic delivered to an ISP.
2. ISP-bound Traffic
1 Qwest elects to exchange ISP-bound traffic in accordance with the terms
conditions and rates established by the FCC pursuant to the Order effective
June 14 , 2001.
2 To the extent a Party exchanges ISP-bound traffic with the other Party, the
compensation for Interconnection configurations between Qwest and
WaveSent for the exchange of ISP-bound traffic pursuant to the Agreement
is as follows:
Identification of ISP-bound traffic - Traffic delivered by Qwest to
WaveSent under this Agreement that exceeds a 3: 1 ratio of
terminating (Qwest to WaveSent) will be presumed to be
ISP-bound traffic. Either Party may rebut this presumption by
demonstrating to the state Commission that traffic above
below the 3: 1 ratio is in fact Local Traffic delivered to non-ISP
customers. Traffic exchanged that is determined by the state
Commission not to be ISP-bound traffic will otherwise be
considered to be Local Traffic subject to reciprocal compensation
under 47 U.C. ~ 251 (b)(5). For the purpose of this Agreement
It is presumed that a flat 6000 MOU per trunk per month is
deemed as local paging traffic.
Type 1: 6 000 MOU per trunk times Compensable Traffic
percentage times $0.003398 times trunk quantity
Type 2: 6 000 MOU per trunk times Compensable Traffic
percentage times $0.003398 times trunk quantity
Growth Ceilings for ISP-bound Traffic - Intercarrier compensation
for ISP-bound traffic originated by Qwest end users and
terminated by WaveSent will be subject to growth ceilings in
accordance with the Order. ISP-bound traffic minutes of use
MOU") exceeding the growth ceiling will be subject to Bill and
Keep in accordance with the Order.
1 For the year 2001 WaveSent may receive
compensation, pursuant to the Agreement, for ISP-bound
traffic minutes up to a ceiling equal to, on annualized
basis, the number of ISP-bound traffic minutes for which
WaveSent was entitled to compensation under the
Agreement during the first quarter of 2001 , plus a ten
percent (10%) growth factor.
ISPAmd
2 For 2002 WaveSent may receive compensation
pursuant to the Agreement, for ISP-bound traffic minutes
up to a ceiling equal to the minutes for which it was
entitled to compensation under the Agreement in 2001
plus another ten percent (10%) growth factor.
3 In 2003 WaveSent may receive compensation
pursuant to the Agreement, for ISP-bound traffic minutes
up to a ceiling equal to the 2002 ceiling applicable to the
Agreement.
Rates - Intercarrier compensation for the transport and
termination of ISP-bound traffic exchanged between Owest and
WaveSent will be billed in accordance with the Agreement
at the following rate:
$ 0.0015 per MOU for six (6) months from June 14, 2001
through December 13 , 2001.
$ 0.0010 per MOU for eighteen (18) months from
December 14 2001 through June 13, 2003.
$ 0.0007 per MOU from June 14, 2003 until June 13
2004 or until further FCC action on intercarrier
compensation, whichever is later.
2.2.Compensation for ISP bound traffic in Interconnection
configurations between Owest and VZVV WaveSent not
exchanging traffic pursuant to the Agreement prior to adoption of
the Order on April 18 , 2001 will be on a Bill and Keep basis until
further FCC action on intercarrier compensation. This includes
VZVV 'NaveSent's entry into a new market and '.'Z'N VVaveSent'
expansion into a market it previously had not served.
Reciprocal Compensation for EAS/Local Traffic
Notv'Jithstanding any provision of the /\greement to the contrary, the Parties agree to
exchange all E/\S/Local Traffic otherv:ise subject to reciprocal compensation under 47
C. S 251 (b)(5) and the FCC's regulations at the rates set forth in Section 2.
abo', pursuant to the Order. The rate shall apply to all EAS/Local Traffic in lieu of End
Office call termination Tandem Switching and Tandem Switched Transport rate
elements otherwise set forth in the Agreement. In the event the state Commission has
issued a statewide order requiring Owest to exchange ISP bound traffic prior to June 14
2001 , at rates belovo' the rates set forth in Section 2.3 abo', or othel\\lise required Bill
and Keep, then the rates set forth in Section 2.3 shall be superceded in favor of the
lower rates or Bill and Keep as required by the Commission. In the event the state
Commission orders , or has ordered , statewide reciprocal compensation rates for voice
traffic applicable to Owest that are lo'tler than the rates set forth in Section 2.3 abo'e'e
or othel\\'ise requires state'Nide Bill and Keep, then the rates set forth in Section 2.
shall be superceded in favor of the 10'Ner Commission ordered rates or Bill and Keep. It
is the intent of the Parties that the applicable rate for the exchange of EAS/Local Traffic
ISPAmd
under the l\greement shall be consistent with the requirements of the Order.
A. Flat Rate per Trunk: Pursuant to Section 6 USVVC Qwest will compensate Paging
CMRS Provider on a monthly basis at a flat rate per trunk for delivery of USVVC
Qwest originated traffic as follows:
Type 1: 6 000 MOU per trunk times Compensable Traffic percentage
times $0.003398 times trunk quantity
Type 2: 6 000 MOU per trunk times Compensable Traffic percentage
times $0.003398 times trunk quantity
B. The Compensable Traffic percentage shall be calculated as follows:
Compensable Traffic percentage equals one minus Third Party Traffic percentage.
Effective Date
In accordance with the Agreement, this Amendment shall be deemed effective upon
approval by the Commission; however, the Parties agree to implement the provision of
this Amendment as of June 11 , 2001
Further amendments
All capitalized terms in this Amendment shall be as defined in the Agreement. Except as
modified herein, the provisions of the Agreement shall remain in full force and effect.
Neither the Agreement nor this Amendment may be further amended or altered except
by a written instrument executed by an authorized representative of both parties. This
Amendment shall constitute the entire agreement and understanding between the
Parties concerning the subject matter hereof, and supercedes all previous agreements
and amendments entered into between the Parties with respect to the subject matter of
this Agreement.
Notice and Contact Person
1 Notices under this Agreement shall be in writing and addressed as follows:
WaveSent LLC
Telecom Admin
6610 Overland Rd.
Boise, ID 83709
Qwest Corporation
Director Interconnection Compliance
1801 California Street, Room 2410
Denver, CO 80202
With a copy to:
Qwest Corporation
Attention: General Counsel , Interconnection
1801 California Street, 51st Floor
Denver, CO 80202
Either party may change its contact and/or addresses, but only by providing
written notice as required above.
ISPAmd
2 The Parties may identify other persons to serve as points of contact for
particular subject areas to facilities and advance the intent of this Agreement
but notices relating to or required by the Agreement itself must also be given
as provided in Section 6.1 above.
ISPAmd
The Parties intending to be legally bound have executed this Amendment as of the dates
set forth below, in multiple counterparts, each of which is deemed an original, but all of
which shall constitute one and the same instrument.
WaveSent LLC Qwest Corporation
Signature Signature
Name Printed/Typed Name Printed/Typed
Title
Director - Interconnect
Title
Date Date
ISPAmd
ATTACHMENT A
The following CMRS licensee(s) and associated market area(s) is/are subject to the
instant amendment, and , to the extent necessary, is/are made party(ies) to the
underlying interconnection agreement.
LICENSEE
SERVICE
MARKET NAME CALL SIGN
ISPAmd
JOSEPH MCNEAL
PAGEDATA AND
W A VESENT LLC
6610 Overland Rd.
Boise, ID 83715
[phone]
Attorney Pro Se
IC""
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2Tm\.: ~.?H \2 Pi'; 3: 08
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Ur;L.liiLS C6j\i~;S'S!OH
CONFlOEtmAL
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF PAGEDATA'S PETITION
FOR ARBITRATION OF INTERCONNECTION
RATES, TERMS AND CONDITIONS AND
RELATED ARRANGEMENTS WITH QWEST
CORPORATION PURSUANT TO SECTION 252(B)
OF THE FEDERAL TELECOMMUNICATIONS
ACT
IN THE MATTER OF WAVE SENT LLC'
PETITION OFR ARBITRATION OF INTER-
CONNECTION RATES, TERMS AND CONDI-
TIONS AND RELATED ARRANGEMENTS WITH
QWEST CORPORATION PURSUANT TO
SECTION 252(B) OF THE FEDERAL
TELECOMMUNICATIONS ACT.
FILED UNDER SEAL
) CASE NO. GNR-04-
CASE NO. GNR-04-
EXHIBITS B, D, & E
AMENDED PETITION
The enclosed Exhibits B, D, and E to the Amended Petition contain confidential
and proprietary information and the same are being filed under seal.
DATE this 12th day of April, 2004.
#!!~i