20040325Application.pdf

JOSEPH MCNEAL
WA VESENT LLC
6610 Overland Rd.
Boise, ID 83 715
[phone]
Attorney Pro Se
::,c:·r··c11 'r·r, f-..L_L...;L .. i rf L_J
u n r:--r1
-'·. L, ·~-}
i j ;·. l l i_,,J;·-,j t·"
UTiL,T1r::s· coHFfrs'sroN
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
WA VESENT LLC )
)
)
)
Petition for Arbitration of Interconnection )
Rates, Terms and Conditions and Related )
Arrangements with Qwest Corporation )
Pursuant to Section 252(b) )
)
PETITION FOR ARBITRATION
Date of Negotiation Request -Arbitrated Release
135th day thereafter -Arbitrated Release
160th day thereafter-Arbitrated Release
9 months thereafter -Arbitrated Release
1. WaveSent LLC ("WaveSent" or "Petitioner"), hereby petitions the Idaho
Public Utility Commission ("Commission") to arbitrate unresolved issues including "pick
and choose" under § 252(i), continuous paging ruling, and other unresolved issues in the
negotiation of an interconnection agreement ("Agreement") between WaveSent and
Qwest Corporation ("Qwest"), pursuant to 47 U.S.C. § 252(b) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 ("Act"). WaveSent
WaveSent Petition for Arbitration Under §252(b) - 1
requests that the Commission resolve each of the issues set forth herein by ordering the
Parties to incorporate WaveSent's proposed language in their interconnection agreement.
In support of this Petition, WaveSent states as follows:
I. PARTIES
2. Petitioner, WaveSent LLC, is a Nevada LLC telecommunications carrier
that provides CMRS services in Idaho. Petitioner's primary business address in Idaho is
6610 Overland Rd., Boise, Idaho 83709.
3. Qwest is an incumbent provider of local exchange services within Idaho.
Qwest Corporation's headquarter offices are located at 1801 California Street, Denver,
Colorado 80202. Qwest is, and at all relevant times has been, an incumbent local
exchange carrier ("ILEC") for the State of Idaho as that term is defined in Section 251 (h)
of the Act, 47 U.S.C. § 25l(h).
4. All correspondence, notices, inquiries, and orders regarding this Petition
should be directed to:
WaveSent LLC
Joseph B. McNeal
Its Manager
6610 Overland Rd.
Boise, ID 83709
5. Respondent's contact persons with respect to these interconnection
negotiations have been as follows:
William "Bill" Batt
Marshall Batt and Fisher
U.S. Bank Plaza, Suite 500
101 S. Capitol Boulevard
Boise, ID 83701
WaveSent Petition for Arbitration Under §252(b) - 2
Qwest Corporation
Director -Interconnect
1801 California Street, Room 2410
Denver, CO 80202
6. To date, WaveSent has been operating under the Arch Paging, Inc.
interconnection agreement which WaveSent adopted pursuant to Section 252(i) of the
Act and which the Commission has approved.
7. WaveSent submitted its request to Qwest for interconnection negotiations
by letter on March 18, 2004. (A copy of this letter is attached in Exhibit A to this
Petition.) These negotiations were initiated to arrive at new terms and conditions to
replace the existing interconnection agreement between the Parties for Idaho. The final
date for completion of arbitration of the unresolved issues between the parties, pursuant
to 47 U.S.C. § 252(b)(5), should be June 17, 2004, due to the Commission evening the
playing field and Qwest's lack of negotiations in good faith.
II. IMPORTANCE OF REQUESTED ARBITRATION
8. Congress adopted sections 251 and 252 of the Act to foster local exchange
competition by imposing certain requirements on incumbent local exchange carriers
("LEC") that are designed to facilitate the entry of competing telecommunications
carriers. However, after years of deregulation and efforts by this Commission to promote
competition, meaningful competition still does not exist in Qwest's service territories in
Idaho. The lack of competition in Qwest' s service territories is due in large part to
Qwest's reluctance to fully engage in the competitive process by complying with the
Commission's orders and federal and state legislation.
9. Despite Qwest' s repeated failure to fully engage in competition, this
arbitration hopefully will bring about necessary changes. The terms proposed by
WaveSent Petition for Arbitration Under §252(b) - 3
WaveSent are conducive to wider ranges of competition between Qwest and other
telecommunications carriers. Therefore, this Commission's resolution of the dispute will
usher real competition into Qwest' s local exchange territory for the benefit of public
interest.
ill. COMMISSION JURISDICTION
10. Under the Act, any party negotiating an agreement for interconnection
may petition the appropriate State commission to mediate at any time or to arbitrate any
open issues. 47 U.S.C. §§ 252(a)(2) and 252(b)(l). In most cases arbitration may be filed
from the 135th day to the 160th day (inclusive) after the ILEC received the request for
negotiation. Id. By stipulation, in good faith negotiations, the parties can extend the
negotiation period for arbitration. It would stand to reason that in bad faith negotiations,
the Commission could shorten the negotiation period for arbitration.
11 . During §§ 252(a) and (i) negotiations, Qwest threatened to shut off
WaveSent's facilities because of Qwest's unilateral classification of a paging service
provided by WaveSent called "continuous paging" as enhanced services. WaveSent
cannot operate under the threat of having its facilities shut off. This threat affects
WaveSent's marketing efforts in the expansion of the vital services market such as
hospital accounts, military, and large corporate accounts.
12. Through a determinate effort, Qwest shaped the competitive landscape in
its 14 state territory by identifying certain carriers and giving them preferential treatment.
Until recently, state regulators were unaware of the extent of Qwest' s infractions. Qwest
has gained an advantage by these actions because most states in Qwest' s territory do not
have the resources to even the playing field.
WaveSent Petition for Arbitration Under §252(b) - 4
13. Related to this issue, the FCC issued its Notice of Apparent Liability in the
Matter of Qwest Corporation Apparent Liability for Forfeiture ("NAL") on March 12,
2004, to assist rural states in the process. WaveSent has come to the conclusion that it is
Qwest' s intentions to drag out and delay negotiations because Qwest has a continuing
history of stonewalling the simplest of§ 252(i) requests with endless debates in violation
of 47 C.F.R. § 51.809.
14. In cooperation with the states of Minnesota and Arizona's investigation,
the FCC determined that Qwest willingly and knowingly violated federal and state law to
gain a strategic and economic advantage. 1 Regulatory agencies are well within their
rights to exercise their judicial discretion for the public interest to even the playing field
for competition to emphasize the intent of Congress, the state legislature, and the
Commission.
15. In light of the FCC NAL, Qwest's failure to comply with§§ 251 and 252,
and Qwest's lack of negotiating in good faith, the Commission has jurisdiction under the
Act to give arbitrated release.
IV. GAMING THE SYSTEM
16. Qwest is gaming the system and taking advantage of a Catch-22 situation
in § 252(e) to the detriment of competitive carriers that play by the rules. Terms and
conditions from unfiled interconnection agreements are not available for pick and choose
under § 252(i) if the state commission has not approved them. State commissions cannot
approve the interconnection agreements if Qwest does not file them. Meanwhile,
competitive carriers that played by the rules and were not a party to the unfiled
interconnection agreements could not take advantage of the favorable terms and
1 FCCNAL
WaveSent Petition for Arbitration Under §252(b) - 5
conditions that co-competitive carriers received and are stuck with old and outdated
interconnection agreements. There can be no good faith negotiations, the bedrock of §
252, if all interconnection agreements are not filed in the states with all terms and
conditions available for adoption under§ 252(i). The FCC NAL decision was universal in
the fact that agreements requested by the states of Minnesota and Arizona were declared
interconnection agreements. Any regional and multi-state agreements included in that
determination by the FCC's federal ruling would also be deemed interconnection
agreements in all of the other applicable states.
V. § 252(a),(b), AND (i) NEGOTIATION EXERPTS
17. Per the June 4, 2003, letter received from Bob McKenna at Qwest to
Joseph McNeal with WaveSent and Chris Olsen of the FCC Enforcement Bureau,
WaveSent has notified Qwest that WaveSent wishes to adopt terms and conditions under
§ 252(i) from the Bridgeband2 and XO Idaho3 interconnection agreements for submittals
of ASRs. The boilerplate agreement does not provide language for submitting ASRs for
facility requests. WaveSent has been notified that the ASRs are Qwest's preferred
method for all carriers to request facilities.
18. A continuous paging ruling needs to be determined. If it is ruled that
continuous paging is paging service and not enhanced services, then WaveSent believes
Qwest would prefer the flat rate billing with the high minutes of use for continuous
paging and other innovative technologies. WaveSent proposed a flat rate billing of 6,000
MOU per trunk per month for reciprocal compensation as is in the Progressive Paging,
2 IPUC Case QWE-T-01-26, Interconnection Agreement between Qwest Corporation and Bridgeband
Communications, approved January 29, 2002.
3 IPUC Case QWE-T-02-02, Statement of Generally Available Terms and Conditions for Interconnection,
Unbundled Network Elements, Ancillary Services, and Resale of Telecommunications Services Provided
by Qwest Corporation in the State ofldaho, Second Revision, and XO Idaho, December 10, 2001.
WaveSent Petition for Arbitration Under §252(b) - 6
Arch, PageData, and WaveSent interconnection agreements. Flat rate billing is not
unusual. WaveSent believes flat rate billing would avoid future disputes over the types of
traffic terminated as WaveSent introduces a stream of new technology that will require
high minutes of use of airtime and facility time.
19. WaveSent has notified Qwest that WaveSent wishes to adopt terms and
conditions under § 252(i) from the Bridgeband and XO Idaho interconnection agreements
for dispute resolution that was a by-product of the untiled interconnection agreements.
This dispute resolution clause includes access to vice-presidents, but does not include
access to the president/CEO of Qwest as in one of the unfiled interconnection
agreements.
20. WaveSent has notified Qwest that WaveSent wishes to adopt terms and
conditions under § 252(i) from the Verizon Wireless4 interconnection agreement for the
exchange of ISP-bound traffic. This term and condition was originally available in a
multi-state agreement and has since been updated for Idaho.
21. The Single Point of Presence amendment to the Arch interconnection
agreement was an untiled agreement with a very short expiration date. Because of an
informal complaint filed at the FCC Enforcement Bureau, this interconnection agreement
was filed in each of Qwest' s 14 states and therefore made available to all carriers under §
252(a) and (i). By law, an Idaho competitive carrier should not have to go hunting state to
state chasing interconnection agreements that should be on file at the state commissions
in order to get access to the best terms and conditions.
4 IPUC Case No. USW-T-97-11 and USW-T-97-15, Type 2 Wireless Interconnection Agreement Between
Qwest Corporation and Cellco Partnership d/b/a Verizon Wireless for the Sate ofldaho Pursuant to 47
U.S.C. 252(e)
WaveSent Petition for Arbitration Under §252(b) - 7
22. The newly filed interconnection agreements have reduced benefits. A
competitive carrier has the option of waiting years for the unfiled interconnection
agreements issue to get resolved or make a business decision and immediately adopt
Qwest's filed by-products.
23. During Qwest's 271 process many of the unfiled interconnection
agreements came to light as various competitors found that Qwest had granted terms and
conditions more favorable to one group than another. Qwest rewarded these favored
carriers by entering into new interconnection agreements with adjusted terms and
conditions. The timeframe needed to negotiate new interconnection agreements was
substantially accelerated for the preferred carriers. Because of state commission's
pressure to file agreements, Qwest strategically filed certain interconnection agreements
with short expiration dates in various states. Qwest claims that the terms and conditions
of expired unfiled interconnection agreements are not subject to § 252(i).
24. Qwest and WaveSent have had disagreements about reciprocal
compensation and the termination of Internet and enhanced services traffic. Qwest' s
threats to disconnect facilities is stifling WaveSent's innovative technology. In defiance
of the TSR Order, Qwest has unilaterally classified some of the innovative technology of
WaveSent as enhanced services and used this as a justification for threatening to
disconnect facilities.
25. The FCC noted that Qwest personnel would go to great lengths, including
changing meeting minutes, breaking company policy, and breaking the law, to reach
Qwest' s ultimate goal of getting an economic advantage. The FCC further stated in its
NAL:
WaveSent Petition for Arbitration Under §252(b) - 8
20. Once submitted, if an interconnection agreement is approved by the
state commission, other carriers may also adopt the terms and conditions
or the rates in the agreement pursuant to section 252(i). Through this
mechanism, competitive carriers avoid the delay and expense of
negotiating new agreements with the incumbent LEC and then awaiting
state commission approval. Absent such a mechanism, "the
nondiscriminatory, pro-competition purpose of section 252(i) would be
defeated . . . . "
21. We have historically given a broad construction to section 252(a)(l).
As noted above, in the Local Competition Order, we found that
requiring filing of all interconnection agreements best
promotes Congress's stated goals of opening up local
markets to competition, and permitting interconnection on
just, reasonable, and nondiscriminatory terms. State
commissions should have the opportunity to review all
agreements . . . to ensure that such agreements do not
discriminate against third parties, and are not contrary to
the public interest.
In that same order, we applied this broad construction in adopting the
"pick and choose" construction of section 252(i), under which CLECs
may adopt parts of interconnection agreements with incumbent LECs,
rather than adopting those agreements in their entirety.
Section 5 l.809(a) of the Commission's rules, 47 C.F.R. § 5 l.809(a), provides:
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 requesting carriers serving a comparable class of subscribers
or providing the same service (i.e., local, access, or interexchange) as the
original party to the agreement. (Footnotes omitted)
26. Qwest has unreasonably delayed WaveSent's adoption of favorable terms
and conditions under pick and choose. WaveSent has been denied "avoid[ing] the delay
WaveSent Petition for Arbitration Under §252(b) - 9
and expense of negotiating new agreements with the incumbent LEC and then awaiting
state commission approval." This is in the Commission's jurisdiction to correct.
VI. APPLICABLE LEGAL STANDARDS
27. This arbitration is governed by the standards established in Sections 251
and 252 of the Act, 47 U.S.C. § 251 and 252, the effective rules issued by the Federal
Communications Commission ("FCC") in its Local Competition Order,5 and other
relevant rules and orders adopted by the FCC and this Commission in implementing the
statutory sections identified above.
28. Section 252(c) of the Act, 47 U.S.C. § 252(c), requires a State commission
resolving open issues by arbitration to:
(i) ensure that such resolution and conditions meet the
requirements of Section 251, including the
regulations prescribed by the FCC pursuant to
Section 251;
(ii) establish any rates for interconnection, services, or
network elements according to Section 252( d); and
(iii) provide a schedule for implementation of the terms
and conditions by the parties to the agreement.
VII. UNRESOLVED ISSUES
29. In this section, WaveSent will provide: (i) a listing of the issues between
the parties that remain unresolved as of the date of filing this Petition; (ii) a detailed
statement of each carrier's position with respect to each issue, including ( where
applicable) a statement of the last offer made by each carrier on each issue; and (iii) a
statement for each issue describing the legal and/or factual basis supporting WaveSent's
5 Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC Docket
No. 96-98, First Report and Order, 11 FCC Red 15499 (1996) ("Local Competition Order").
WaveSent Petition for Arbitration Under §252(b) -10
position and the conditions or order necessary to achieve the proposed resolution. Unless
otherwise noted, it should be assumed that the Parties would be able to implement the
resolution in question within 30 days of the final arbitration order by filing a compliance
Agreement. Where applicable, WaveSent will indicate what kind of proceeding might be
needed to further resolve the disputed issue in question.
30. WaveSent notes for the record that it does not consider the progress made
by it and Qwest in resolving any open issues prior to the filing of this Petition as the
product of good faith negotiations on the part of Qwest. Qwest has indicated its
unwillingness to file both verbal and written interconnection agreements detailed in the
FCC NAL and the Colorado Staff Matrix of Untiled Interconnection Agreements6 and to
have those terms and conditions available to other carriers in Idaho for adoption under §
252(i). Qwest continues to give preference to companies, that participated in the untiled
interconnection agreement scandals, in the negotiation of new interconnection
agreements to file in each of Qwest's 14 state territory.
31. The unresolved issues are provided in a matrix in Appendix B. To assist in
the review of the unresolved issues between the parties attached hereto as Exhibit C is a
draft Agreement between WaveSent and Qwest reflecting WaveSent's understanding as
to the current status of the Agreement. All provisions on which the parties have agreed
are shown in normal text.7 Where there are unresolved issues, WaveSent' s proposed
6 In the Matter of the Investigation into Unfiled agreements Executed by Qwest Corporation, Initial Public
Comments of Staff of the Commission, Appendix M, Untiled Agreements Matrix, dated February 27,
2004,
7 To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to
negotiate in compulsory arbitration with Qwest to resolve any open questions.
WaveSent Petition for Arbitration Under §252(b) -11
language is shown in bold text, while the Qwest proposed language is in held strilre
through text=.
VIll. GOOD FAITH EFFORT
32. In order to demonstrate that Qwest is negotiating in good faith, Qwest
should immediately:
• Cease restrictions on the type of traffic terminated by WaveSent such as
Internet and enhanced services (§ 252(i) -Verizon Wireless agreement
paragraphs 2.1 and 2.2.4, Amendment dated January 4, 2002 and §
251(c)(2))
• Pay the reciprocal compensation due WaveSent for terminating Qwest
originated traffic per the flat rate 6,000 MOU per trunk format per the
current interconnection agreement
These two good faith requests are foundational to the Act and part of Qwest' s fiduciary
duty as the ILEC. There is no justifiable reason to deny this request except to delay,
hinder, and intimidate WaveSent. WaveSent requests the assigned arbitrator address these
two open issues immediately.
IX. REQUESTED RELIEF
33. WaveSent requests that the Idaho Public Utility Commission:
(i) Declare that Qwest has willingly and knowingly not negotiated with
WaveSent in good faith;
(ii) Rule that Qwest has discriminated against WaveSent;
WaveSent Petition for Arbitration Under §252(b) -12
(iii) Arbitrate the issues specified above;
(iv) Reject Qwest's proposed contract language and any proposals to omit the
language recommended by WaveSent;
(v) Adopt WaveSent's positions on those issues as reasonable and in public
interest;
(vi) Approve the language and other modifications to the Agreement proposed
by WaveSent;
(vii) Order the parties to file an Agreement that complies with all Commission
directives for its approval within thirty (30) days after issuance of a
decision in this proceeding; and
(viii) Grant such other relief as may be just and proper.
Respectfully submitted,
Joseph B. McNeal, Its Manager
6610 Overland Rd.
Boise, ID 83709
[phone]
[phone] Fax
WaveSent Petition for Arbitration Under §252(b) -13
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 25th day of March, 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
U.S. Mail Fax ...X._ By Hand _ By Email
William J. Batt
Marshall Batt & Fisher, LLP
US Bank Plaza, 5th Floor
101 S. Capitol Blvd.
Boise, ID 83701
_X_ U.S. Mail Fax _By Hand _By Email
Qwest Corporation
Director -Interconnect
1801 California Street, Room 2410
Denver, CO 80202
_.X_ U.S. Mail Fax _ By Hand _ By Email
Qwest Corporation
Bob McKenna
1801 California Street
Denver, CO 80202
_X_ U.S. Mail Fax _By Hand~ By Email
WaveSent Petition for Arbitration Under §252(b) -14
EXHIBIT A
CORRESPONDENCE
BETWEEN WAVESENT AND QWEST CORPORATION
REGARDING
INTERCONNECTION NEGOTIATIONS
SENT VIA EMAIL
March 18, 2004
ATTN: Barbara Newman and Bryan Sanderson
Qwest
Dear Barbara and Bryan:
6610 Overland Rd
Boise, ID 83709
[phone]
[phone] Fax
The payment of reciprocal compensation for the termination of ISP traffic is such a
powder keg subject at Qwest that I believe this issue blinded the judgment of the people
that are involved in settling this dispute. This issue has been the cause of many arbitrated
disputes between Qwest and Level 3. We believe that the Utah Public Service
Commission's decision in docket# 02-2266-02 issued February 20, 2004, should shed
some light on this dispute. WaveSent is not claiming or billing reciprocal compensation
as proposed by Level 3 in that arbitration. Wireless carriers such as Verizon and
Wave Sent are allowed to terminate Internet traffic on a bill and keep basis. Wave Sent
believes that applicable law prevents restrictions on the termination of Internet traffic
under the Arch agreement on a bill and keep basis.
Any telecommunications carrier can terminate Internet and enhanced traffic, whether or
not the carrier receives reciprocal compensation is a separate issue. Qwest's dispute with
WaveSent's reciprocal compensation is imaginary and a disguise to withhold reciprocal
compensation. Qwest's prior acceptance of the flat rate billing makes its dispute moot
and is an attempt to obfuscate Qwest's primary objective, which is to prevent certain so­
called classes of carriers from terminating Internet and enhanced traffic, which is
contrary to the 1996 Tel. Act. Qwest has not shown where WaveSent's calculations on its
invoices are in error.
For the sake of clarification, I will try to address the issues.
Continuous Paging
WaveSent rejects Qwest's assessment of continuous paging as being enhanced or Internet
traffic. Continuous paging does not fall under the definition of enhanced services per
section 3.8 of the agreement and it is not Internet related traffic. The FCC already
addressed origination, transport, and termination of paging traffic in the TSR Order1•
1 In the Matter of TSR Wireless LLC, et al, v US West Communication~, Inc., et al, Memorandum Opinion
and Order, Released June 21, 2000, at ,i 22.
Qwest misunderstands how continuous paging works. Continuous paging is a local call.
Qwest has not supplied any evidence to the contrary. WaveSent does not provide the
content that the customer sends from a modem connection to the CMRS terminal switch.
which is then transmitted to the pager. This alone takes it out of the realm of enhanced
and Internet services because W aveSent does not control the data.
Restrictions of Termination of Certain Types of Telecommunications Traffic
WaveSent was not trying to unilaterally change the interconnection agreement. This is
inconsistent with the interconnection agreement and the present state of law. WaveSent
was simply pointing out that under Section 252 a new interconnection agreement could
be obtained and under Section 251 ( c )(2) Qwest cannot restrict the type of traffic that a
competing carrier terminates and any provisions of the interconnection agreement with
this type oflanguage is unenforceable. (See the U.S. Court of Appeals, Fourth Circuit
decision.2) For example, section 2.4 of the interconnection agreement says that Qwest is
not obligated to transport Internet traffic. This is contrary to the Telecommunications Act
and is therefore unenforceable. The Internet and enhanced services issue is nothing new
and is not a subject that Qwest was not aware of. Please see attached letter dated June 4,
2004, from Bob McKenna to Joseph McNeal and Chris Olsen of the FCC Enforcement
Bureau. Also, there is nothing in the interconnection agreement that says WaveSent
cannot terminate Internet traffic. There are no provisions for WaveSent to bill and collect
reciprocal compensation for the termination of Internet or enhanced traffic. Therefore this
was not done.
If Qwest is refuting these points, then Qwest must specifically point out:
1) Why section 251(c)(2) does not take precedent
2) Why the Fourth Circuit decision does not apply
3) How the billing calculations say that WaveSent has invoiced for enhanced
services and Internet traffic
, Reciprocal Compensation
Last year Wave Sent contacted Qwest, per paragraph 6.2 of the interconnection
agreement, and submitted a sample invoice. Upon Qwest's review, Qwest will see that
the sample invoice was submitted as a flat rate of 6,000 MOU per trunk. There was much
discussion about the difference between the flat rate and actual billing. Qwest is paying
flat rate reciprocal compensation to other carriers with similar interconnection
agreements. As a matter of fact, WaveSent received assistance from other carriers prior to
submitting the initial sample invoice because those carriers billed the flat rate of 6,000
MOU per trunk and were paid on that rate. Qwest ok' d the format of the sample invoice,
the flat rate billing of 6,000 MOU per trunk according to Appendix A, paragraph 2(A),
2 In the Matter of MClmetro Access Transmi.~sion Services, Inc. v BellSouth Telecommunications, Inc. and
North Carolina Utilities Commission, U.S. Cowt of Appeals, Fowth Circuit, Decided December 18, 2003,
Case No. 03-1238.
•NN+tmt •
Page2
and invoice submittals by email. Once WaveSent invoiced Qwest the flat rate billing of
6,000 MOU per trunk, Qwest is now trying to renege on this provision and is fabricating
a dispute by claiming that all traffic is Internet related. Qwest is discriminating against
WaveSent and intentionally provoking a dispute by not allowing the flat rate billing of
6,000 MOU per trunk as it does other carriers.
Continuous paging, we believe, could revolutionize and spark new life into the paging
industry. WaveSent chose the flat rate billing method to avoid this very issue. WaveSent
did not want to get into a dispute with Qwest about the massive amount of MOU that
continuous paging would use that is subject to reciprocal compensation. On this point, we
believe that Qwest has more to lose than WaveSent does. After consultation, we were
advised that the best place to handle this dispute, ifwe cannot negotiate this out and come
to some kind of settlement, is through a declaratory ruling from the FCC and not
arbitration on a state by state basis.
You stated in your March 12, 2004, letter on page 3 that
Qwest proposes that WaveSent issue a revised invoice, delineating
enhanced services traffic minutes (for example, the "continuous paging"
traffic you have referred to previously), MOUs of traffic terminating to an
ISP and actual minutes of termination for Paging Connection Service.
WaveSent rejects Qwest's proposal as without merit and used to cause confusion by
addressing imaginary issues that can be easily determined by calculating the billing
formula-which Qwest has refused to do. Qwest' s proposal is inconsistent with the flat
rate billing of 6,000 MOU that Qwest has already agreed to. Flat rate billing of 6,000
MOU per trunk means that whether WaveSent terminates one minute of use or one
million minutes of use, under paragraph 2(A) of Appendix A, the contract authorizes a
flat rate billing of 6,000 MOU per trunk. Qwest' s proposal for delineating the billing is
contrary to the flat rate billing option of 6,000 MOU per trunk. The calculations are
within Qwest' s own grasp to show that enhanced billing and Internet traffic is not
included in WaveSent's billing. The invoice calculations show that Qwest's assertion that
WaveSent invoiced Qwest for termination of Internet traffic or enhanced services is in
error and misplaced. This is a disguise by Qwest to withhold reciprocal compensation.
Appendix A, paragraphs 2(A) and (C) of the current agreement says:
Flat Rate per Trunk: Pursuant to Section 6, USWC will compensate
Paging Provider on a monthly basis at a flat rate per trunk for delivery of
USWC originated traffic as follows:
Type 1: 6,000 MOU per trunk times Compensable Traffic percentage times
$0.003398 times trunk quantity
•rnNJttu, •
Pagel
Type 2: 6,000 MOU per trunk times Compensable Traffic percentage times
$0.003398 times trunk quantity
The Compensable Traffic percentage shall be calculated as follows:
Compensable Traffic percentage equals one minus Third Party Traffic
percentage.
Therefore the Compensable Traffic percentage is 76% (1-24% = 76%) and billing under
Appendix A, 2(A) would be:
76% X 6000 MOU X Number of Trunks X $0.00398 = Reciprocal Compensation
This is exactly the formula used by WaveSent on its invoices.
Qwest is very familiar with flat rating billing because Qwest invoices its residential and
business customers for phone lines at a flat rate per line. This means that it does not
matter whether the individual or business uses the line O minutes or 24 hours per day, 7
days a week -the rate stays the same. This is the fundamental definition of a flat rate-it
stays the same no matter what the actual usage is. WaveSent has invoiced Qwest the flat
rate of 6,000 MOU per trunk per the interconnection agreement and the approved sample
invoice and therefore, Qwest cannot legally dispute it or require a change from it. Qwest
has not shown where Wave Sent' s calculations are in error. Qwest must admit that it
allows other carriers flat rate billing and this method is not unusual.
Interconnection Agreement
It is only Qwest's policy that differentiates between statutory benefits granted to wireless
or wireline telecommunications carriers under the 1996 Tel Act. The 1996 Tel Act does
not differentiate between types of telecommunications carriers and their statutory
benefits. WaveSent has the right to pick and choose terms and conditions out of any state
approved interconnection agreement, whether Qwest labels the interconnection
agreement as wireline or wireless. Qwest only addresses this issue with hyperbole and no
substantive law to back up its statements.
Also, how can Qwest claim that it has negotiated contracts in good faith when Qwest has
withheld filing numerous interconnection agreements with more favorable terms and
conditions? In light of the FCC's Notice for Apparent Liability for Forfeiture3 on March
12, 2004, concerning Qwest's unfiled interconnection agreements, Qwest must make
these terms and conditions available for pick and choose under 252(i).
Since Qwest has not filed all applicable interconnection agreements, WaveSent is not
sure of what terms and conditions, written or verbal, that Qwest made available to other
3 Federal Communications Commission Notice of Apparent Liability for Forfeiture In the Matter of Qwest
Corporation Apparent Liability for Forfeiture, File No. EB-03-IH-0263, Released March 12, 2004.
•@Nii®• •
Page4
carriers. WaveSent believes it will be years before the untiled agreements issue will be
resolved. WaveSent believes that the issues concerning reciprocal compensation, which
Qwest is bringing to the forefront, have already been resolved in other proceedings.
While we are negotiating the reciprocal compensation dispute, WaveSent has determined
that it is better to negotiate a new interconnection agreement under Section 252 and have
attached a proposed agreement. This should start the clock ticking under Section 252. We
are awaiting your answers regarding the reciprocal compensation flat rate billing and
input on the proposed agreement.
Sincerely,
/s/ Joseph McNeal
WaveSent LLC
Joseph McNeal, Its Manager
cc: Bill Batt, Marshall Batt & Fisher
Cindy Minor, Qwest
Lori Lydon, Qwest
Sheila Pederson, Qwest
Vickie Boone, Qwest
ernN+Wtt •
Page 5
Qwest
Spirit of Service
Wholesale Emerging & Diversified Markets
Barbara J. Newman
Senior Access Manager
[phone] Voice [phone] (FAX)
E-Mail: [e-mail]
1801 California, Room 2420
Denver, Colorado 80202
March 5, 2004
Joseph McNeal
WaveSent/PageData
6610 Overland Road
Boise, ID 83709
Dear Joseph:
We are responding to several letters and emails that have been recently sent to Qwest.
This is in regards to payment of reciprocal compensation to WaveSent/PageData for
traffic originated on Qwest' s network. In your letter you cite several sections of the
Paging Connection Agreement ("Agreement") between Qwest and WaveSent/PageData
for substantiation of reciprocal compensation to WaveSent/PageData. Qwest
acknowledges those sections and does provide facilities for and pay reciprocal
compensation for legitimate paging traffic, as defined and intended to be covered under
the Agreement. However, you neglected to cite the following paragraph from the
agreement which excludes reciprocal compensation payments for enhanced and internet
traffic. Paragraph 2.4 states:
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 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.
Under the Agreement, Qwest provides Paging Connection Service to
WaveSent/PageData "which consists only of those one-way facilities and services that
are provisioned by U S WEST for the sole purpose of delivering one-way, land-to-pager
traffic sent by US WEST's End Users and Transit Traffic to Paging Provider's POC(s)".
Agreement, ,i 2.1.
The "Continuous Paging" service you described in your letter clearly does not fall within
the definition of paging .Likewise, the other applications you describe in your letter, such
as vehicle location, alarm monitoring, vending machine accounting, voice mail, etc., are
clearly enhanced or internet related services and are not compensable under this
agreement as stated in the paragraph above. Further, as described in subparagraph 2.4( c)
above, Qwest is not even obligated to provide facilities for or send to
WaveSent/PageData this traffic, much less pay reciprocal compensation on such traffic. 1
It is Qwest's position that WaveSent/PageData is improperly billing Qwest for this
enhanced services/ Internet-related traffic, and improperly using the Paging Connection
Service to provide enhanced services. In addition, Qwest has found that certain
telephone numbers which are registered to WaveSent/PageData have been represented as
being access numbers for a customer to obtain access to an Internet Service Provider
("ISP") and the traffic generated to the ISP is similarly not compensable under the
Agreement.
Therefore, this letter is to inform you that Qwest is, according to Section 12.3 of the
Agreement, disputing all ofWaveSent/PageData's invoices to Qwest for reciprocal
compensation because the traffic is non-compensable under the terms and conditions of
the Interconnection Agreement. Qwest also intends to review facilities currently
provided under WaveSent/PageData's Paging Connection Service, and may revise,
modify, or reconfigure the facilities and service as is necessary to deliver legitimate
paging traffic. See Agreement ,i 2.6.2. Qwest is disputing the entire amount because we
have been unable to verify that any of the traffic that is the source of the invoice sent to
Qwest is actually Paging Connection Service, as described in the Agreement. Qwest is
1 Enhanced Services is defined as follows in the WaveSent/PageData-Qwest Paging Connection
Agreements:
"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.
Clearly, the services WaveSent/PageData has described in its recent letter fall within this broad
definition.
ready to expedite this investigation in order to determine which traffic is compensable
and which traffic is not. Qwest is willing and ready to negotiate a resolution of this issue,
and we would also point out that WaveSent/PageData is fully able to follow the processes
of Section 13. 14 if you feel that negotiation is not possible.
Sincerely,
Bryan Sanderson
Barbara Newman
-----Original Message-----
From: Bob McKenna [mailto:"Bob McKenna"]
Sent: Wednesday, June 04, 2003 3:02 PM
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's
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.
EXHIBITB
MATRIX OF UNRESOLVED ISSUES
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
A2reement
Negotiation in Good Faith and 135-160 Day Time Period
Issue 1 Qwest gave Every competitive Only the companies that § 252(i)
companies that had carrier should be given were involved in the
participated in the the same opportunities, unfiled interconnection § 25 l(c)(l)
unfiled interconnection terms and conditions agreements can
agreements scandal under§ 252(i) and under negotiate new contracts § 251(c)(2)(d)
preference in negotiating § 25 l(c)(2)(d) including for submittal to the
new agreements on file negotiating new states because Qwest FCCNAL
at the Commission. interconnection does not believe they did
agreements in the same anything wrong. Local Competition
speedy time frame. Order
Those terms and
conditions from the
unfiled agreements are
not available to other
carriers because the
agreements have
expired.
Issue 2 Can Qwest Qwest cannot Wireless carriers cannot § 251(c)(I)
avoid its obligation discriminate against adopt terms and
under the Federal WaveSent because the conditions from wireline § 25I(c)(2)
Communications Act § selected terms and agreements.
p
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
Wave Sent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix - 1
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
A2reement
251(c)(2) to provide a conditions for pick and § 252(i)
requesting carrier like choose are taken from
WaveSent with all the Verizon Wireless, Local Competition
of the inherent features Bridgeband, and XO Order
and functions that Qwest Idaho interconnection
provides to itself and agreements. FCCNAL
other carriers it
interconnects with?
Issue 3. Can Qwest No. Good faith Qwest does not believe § 25 l(c)(l)
negotiate in good faith negotiations are not it has done anything
when all applicable possible unless all wrong. § 252(i)
interconnection interconnection
agreements have not agreements have been FCCNAL
been filed in the state? filed and all terms and
conditions have been Local Competition
made available under § Order
252(i) to competing
carriers.
Issue 4. Is it appropriate No. Certain competing Qwest believes it has § 252(b)
to require a competitive carriers have been given done nothing wrong and § 252(i)
carrier to wait 13 5-160 preference to negotiate regardless of what § 25 l(c)(l)
days to arbitrate when new interconnection Qwest has done, it
all applicable agreements in a speedier believes carriers need to
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
Wave Sent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b) -Unresolved Issues Matrix -2
ISSUE WaveSent' s Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Ae:reement
interconnection time frame. The abide by the existing
agreements are not filed Commission should terms and conditions of
in the state? even the playing field their current agreement.
and under § 252(i) all Qwest looks at it as
carriers should be able to amending the agreement
adopt new terms and rather than negotiating a
conditions as they are new agreement.
approved by the Preferred carriers can
Commission. change their
interconnection
agreements and targeted
carriers cannot change
their interconnection
agreements.
Issue 5. Can a new Yes. There is no No. The existing Section 11 § 252(a)
contract be negotiated restriction under federal interconnection
under§ 252 at any time? law of when agreement must be § 252(i)
negotiations can begin terminated before
for anew negotiations can begin FCCNAL
interconnection for a new
agreement. interconnection Local Competition
agreement. Order
\VaveSentreservesthe
right to modify Section
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
\V aveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and \V aveSent are incorporated by reference and can be used to expound on issues.
\VaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix - 3
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
A2reement
11 because WaveSent
has not received input
from Qwest
Issue6. Can the state be Yes. The law says any No. A competitive § 252(a)(2)
asked to mediate on an party may ask a State carrier can give up
interconnection commission to fundamental rights under In the Matter of
agreement at any time participate at any point the Act through signing MCimetro Access
during the negotiations? in the negotiation to an interconnection Transmission Services,
mediate any differences. agreement. Inc. v Bel/South
Telecommunications,
Inc. and North Carolina
Utilities Commission,
U.S. Court of Appeals,
Forth Circuit, Decided
December 18, 2003,
Case No. 03-1238
Adoption of Terms and Conditions under 252(i)
Issue 7. Exchange of WaveSent believes If Qwest considers a Section 2.4 §252(i)
ISP bound traffic Qwest is obligated by § carrier as Paging only,
252(c)(2) against Qwest believes it can Pick and Choose IPUC
restricting the types of limit that carrier from Case No. USW-T-97-11
traffic a competitive terminating Internet or & USW-T-97-15,
carrier can terminate. enhanced services Amendment dated
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix - 4
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Agreement
Exchange of Internet traffic. There are no January 4, 2002, to Type
bound and enhanced interconnection 2 Wireless
services traffic are agreements available in Interconnection
available to Verizon any of Qwest' s territory Agreement between
Wireless and must be that without question Qwest Corporation and
available to WaveSent allow carriers that Qwest Cellco Partnership d/b/a
under§ 252(i). considers paging only to Verizon Wireless for the
terminate Internet bound State of Idaho pursuant
or enhanced services to 47 U.S.C 252(e)
traffic. ("Verizon Wireless"),
paragraphs 2.1 and 2.2.4
§ 25I(c)(2)
Issue 8. Qwest believes Qwest uses this term and "Qwest also intends to Section 2.6.2 Concession -the Arch -
it can change a condition to threaten review facilities Colorado ICA
competitive carrier's competitive carriers to currently provided under
network at any time. discourage carriers from WaveSent/PageData' s "The Parties shall
disputing other issues. Paging Connection cooperate in good faith,
Service, and may revise, including, but not
modify, or reconfigure limited to, following the
the facilities and service procedures specified in
as is necessary to deliver the Forecasting Section
legitimate paging of this Agreement, to
traffic." Letter dated determine all aspects of
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix - 5
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Ae:reement
March 5, 2004 from the facilities
Barbara Newman and contemplated by this
Bryan Sanderson, Agreement, including,
Qwest. but not limited to,
design, location,
quantities, distance, etc."
§ 251(c)(2)
FCC Memorandum
Opinion and Order
Released July 17, 2002
in the Matter of
Worldcom, et al
Issue 9. ASR The present "Qwest will be willing Appendix D -7.4 Qwest Attorney, Bob
interconnection to process properly Ordering McKenna's letter dated
agreement between submitted ASRs for June 4, 2003
WaveSent and Qwest interconnection on a
does not have a timely basis upon § 252(i)
provision for completing submission." Letter
ASRs. Qwest used the dated June 4, 2003 from Pick and Choose IPUC
ASR excuse as a method BobMcKenna Case QWE-T-01-26,
to delay WaveSent from Interconnection
ordering a SPOP. Agreement between
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
Wave Sent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix - 6
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
A2reement
WaveSent believes the Qwest Corporation and
ASR method is a better Bridgeband
way to order facilities Communications,
because of the tracking ("Bridgeband") Section
and the time to process 7.4, approved January
ASRs according to 29,2002
SGAT and other
measurable safeguards. Pick and Choose IPUC
The ASR process Case QWE-T-02-02,
timeframe is also Statement of Generally
included in Section 7.4 available Terms and
of Appendix D. The Conditions for
ASR process gives Interconnection,
WaveSent better control Unbundled Network
over its growth. The Elements, Ancillary
facility ordering process Services, and Resale of
is in line with other Telecommunications
competitive carrier's Services Provided by
ordering process. Qwest Corporation in
the State ofldaho,
Second Revision, and
XO Idaho, ("XO Idaho")
December 10, 2001,
Section 7.4
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix - 7
ISSUE WaveSent' s Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Aereement
§ 251(c)(2)
Issue 10. Who is Under pick and choose, On wireline Section 2.2.1 § 252(i)
responsible for payment WaveSent believes interconnection
of transit traffic? agreements, Qwest will Pick and Choose
"The originating provide provisions for Bridgeband, Section
company is responsible collection of transit 7.2.2.3.3,
for payment of traffic charges from the
appropriate rates to the originating carrier. On XO Idaho, Section
transit company and to wireless interconnection 7.2.2.3.3.
the terminating agreements, Qwest
company." believes the wireless § 251(c)(2)
carrier ( terminating
Qwest conceded this carrier) is responsible for U.S. Court of Appeals,
issue in the Mountain transit traffic charges. District of Columbia
case at the US court of Circuit, Decision Dated
Appeals, District of Qwest believes its January 16, 2004,
Columbia Circuit customers are Mountain
subsidizing wireless Communications Inc. v.
Qwest must provide the carriers and wireless Federal Communications
same terms and carriers are getting free Commission
conditions to wireline facilities.
and wireless carriers § 251(c)(2)(d)
under pick and choose.
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix - 8
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Aereement
(§ 25I(c)(2)(d))
Issue 11. Delivery of 1. There is no Qwest believes that Section 2.4 § 252(i) enhanced services and definition of competitive carriers that the payment of enhanced services in it considers paging only Pick and choose Verizon reciprocal compensation the Verizon cannot terminate Wireless for enhanced services Wireless ICA enhanced services traffic
despite many and must order facilities § 25l(c)(2) amendments. from the retail tariff
2. There is no division.
restriction of
enhanced services
traffic in the
Verizon Wireless
ICA
3. Verizon is paid
reciprocal
compensation for
the termination of
enhanced services
traffic
4. Qwest is obligated
to deliver enhanced
traffic under §
25l(c)(2) to all
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract, WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b) -Unresolved Issues Matrix -9
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
A2reement
carriers
5. Qwest is not
obligated to pay
reciprocal
compensation on the
delivery of
enhanced services
traffic.
6. These terms and
conditions are
available to
WaveSent under §
252(i)
Terms Contrary to Section 251
Issue 12. Should the Yes. No. § 251(c)(2)(a)
term "Paging" be CMRS better describes Paging companies may
changed to "CMRS" the telecommunications not provide all Verizon Wireless
throughout the services provided by telecommunications agreement
agreement? WaveSent services and require
separate interconnection
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -10
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Aereement
agreements Issue 13. Should the Yes. Qwest has not addressed Section 2.6.4.5.3 section concerning 1. For consistency and the issue lnterLCA Facilities be contract flow, this deleted? section needs to be
deleted.
Issue 14. Does Exempt No. Yes. Section 3.8 § 252(i) Traffic include transit 1. The ICAis a 1. Transit traffic in traffic? proposed flat rate Idaho for Pick and Choose billing so there competitive carriers Bridgeband and XO would be no exempt that Qwest Idaho do not pay transit traffic. considers paging traffic costs. 2. Transit traffic costs only is 24%. are the
§ 251(c)(2) responsibility of the 2. The paging carrier is originating carrier responsible for and not the paying for that terminating carrier. traffic. Issue 15. Should the Yes. No. Section 3 .15 The Arch agreement is "Local 1. In the timeframe of It is only available in an adoption of the Telecommunications the AirTouch Colorado. AirTouch Paging ICA in Traffic" definition be paging ICA Qwest
Colorado. Concession included in the ICA? believed that multi-that Qwest made in state ICAs only Colorado from the Arch The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract, WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -11
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
A2reement
needed to be filed in Colorado ICA,
one state paragraph 3 .15.
2. It is a concession
that Qwest made to AirTouch Paging ICA is
AirTouch in unfiled in Idaho, but
Colorado and Arch AirTouch provided
adopted it in paging services in Idaho.
Colorado.
§ 251(c)(2)
Issue 16. Should charges Yes. No. Section 9.1.3 Contrary to § 251
for Type 1 numbers be This was addressed by
deleted? the FCC in the TSR FCC Memorandum
Order. Qwest can charge Opinion and Order in the
a one time Matter of TSR Wireless
administrative fee for LLC v. US West
issuing the number. Communication,
After that Qwest cannot released June 21, 2000
charge for the numbers. ("TSR Order")
General Issues
Issue 17. Should the Yes. No. Section 6.2.13 and Option 2(A) of
MOU Conversion 1. Flat rate billing is Have not discussed why 6.2.14 Appendix A allows flat
section be deleted? proposed rate billing of 6,000
2. Flat rate billing is a MOU per trunk
protection for Qwest
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -12
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
A2reement
and prevents future Many "paging" carriers
disputes of new invoice Qwest flat rate
technologies billing of 6,000 MOU
3 . Flat rate billing per trunk.
prevents disputes
over enhanced Progressive Paging
traffic and ISP interconnection
termination and agreement with Qwest
reciprocal
compensation § 251(b)(S)
§ 251(c)(2)(d)
Issue 18. Effective 1. For the stability of Qwest believes it can set Section 11.1, 11.2, FCCNAL
Dates and Terms of the the competitive the term of the ICA at 11.4.2
ICA carrier dates of any length that it §251(c)(l) and (2)
ICAs should be chooses.
between five and
seven years. Qwest believes once a
2. In the recent unfiled contract expires, the
ICA scandal Qwest contract is no longer
used short term available for adoption.
expiration dates in
order to give
preferred carriers
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -13
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
A2reement
favorable terms and
conditions that it did
not want to give
other carriers.
Issue 19. Holding of 1. WaveSent believes Qwest retains the right Section 12.3 Cannot restrict the traffic
disputed reciprocal that this clause is a to call any traffic it does a carrier terminates.
compensation tactic that Qwest not like enhanced traffic § 251(c)(2)
uses to re-classify or Internet traffic.
any traffic it does Paging carriers cannot In the Matter of
not like a terminate Internet or MC/metro Access
competitive carrier enhanced traffic Transmission Services,
to terminate as Inc. v BellSouth
Internet traffic so Telecommunications,
that Qwest can Inc. and North Carolina
justify holding Utilities Commission,
reciprocal U.S. Court of Appeals,
compensation. Forth Circuit, Decided
2. The flat rate billing December 18, 2003,
of6,000 MOU Case No. 03-1238
eliminates the
question of § 25 l(i)
reciprocal
compensation for Verizon Wireless
Internet traffic or
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -14
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
A2reement
enhanced services XO Idaho
traffic.
Bridgeband
Issue 20. Liability issues 1. WaveSent believes Qwest does not believe Section 13.4.2 and A newly arbitrated issue
that a company they should be held 13.4.3
should be liable for decisions they
responsible for lost make beyond arbitration.
profits, lost
revenues, especially
if the party knew
that damages could
result.
2. WaveSent needs
this protection in
light of the willful
misconduct of
Qwest in non-filing
ofICAs
Issue 21. Dispute 1. Dispute resolution All disputes should be Section 13.14 A newly arbitrated issue
Resolution -Small in small claims handled by arbitration.
Claims Court court is an efficient
way to handle
claims of a small
dollar amount
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent th~t Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -15
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Ae:reement
without burdening
the PUC. It includes
its own mediation
and arbitration
meeting.
2. It is non-lawyer
involved.
Issue 22. Dispute A fast and convenient Standard arbitration Section 13.14.4 A newly arbitrated issue
Resolution -Emergency way to get emergency should apply.
Arbitration issues handled.
Issue 23. Dispute 1. WaveSent believes Disputes handled by Section 13. 14 .4 A newly arbitrated issue
Resolution -Arbitration arbitration should arbitration only apply to
optional and not forced not be the primary that individual carrier
means of dispute and circumstances may
resolution if the be different.
offending party is
putting the other
party in a position
oflosing money,
profits, and market
share.
2. The petitioning
party should choose
the dispute
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -16
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Aereement
resolution option
depending on the
offense.
3. Some disputes
handled by
regulatory agencies
or courts could clear
up disputes for
many carriers at the
same time, saving
time and money for
other carriers with
the same issues.
Issue 24. Dispute 1. Small carriers under Vice-president levels are Section 13.14, 13.14.1, § 252(i)
Resolution -Through § 25I(c)(2)(d) not needed to resolve and 13.14.2
Business Means deserve the same issues with small Pick and Choose
access to decision carriers Bridgeband, Sections
makers in disputed 5.12.1 - 5.12.3
issues as the large
companies. XO Idaho, Sections
2. Carriers have the 5.12.1 -5.12.3
right to pick and
choose under § § 251(c)(2)
252(i)
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -17
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Aereement
Issue 25. Who is 1. The originating 1. Transit traffic is the Appendix A -IA This section deleted per
responsible for the carrier is responsibility of the Qwest voluntarily
payment of transit responsible for wireless carrier. relinquishing transit
traffic? payment of transit Paging transit traffic traffic issue in reference
traffic. in Idaho is currently to the U.S. Court of
2. Qwest conceded the 24%. Appeals, District of
issue in US Court of 2. Paging carriers want Columbia Circuit
Appeals in the free facilities. Decision dated January
Mountain Case 3. Qwest is not 16, 2004, in the matter
3. Under§ 252(i), obligated to of Mountain
WaveSent should be subsidize its Communications, Inc. v.
allowed to pick and competitors. Federal Communications
choose this term and Commission.
condition
§ 252(i)
Pick and Choose
Bridgeband, Section
7.2.2.3.3
XO Idaho, Section
7.2.2.3.3.
§ 25I(c)(2)
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -18
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Agreement
Issue 26. Compensable 1. Compensable traffic 1. Transit traffic is the Appendix A -IA § 252(i)
Traffic percentage -should be 100% in a responsibility of the
Should it be 100% or flat rate billing of wireless carrier. Pick and Choose
76% of traffic? 6000MOUper Paging transit traffic Bridgeband, Section
trunk. in Idaho is currently 7.2.2.3.3,
2. The originating 24%. The
carrier is compensable traffic XO Idaho, Section
responsible for percentage should 7.2.2.3.3 .
paying all costs be 76%.
associated with the 2. Paging carriers want § 25l(c)(2)
delivery of the free facilities.
traffic including 3. Qwest is not
transit costs. obligated to
subsidize its
competitors.
Issue 27. Should the Yes. No. Appendix A -2B A newly arbitrated issue
Actual MOU Billing 1. WaveSent prefers 1. Actual MOU billing
section be deleted? the flat rate 6000 should be left to
MOU billing to Qwest' s discretion.
prevent disputes and 2. Continuous paging
encourage is enhanced services
innovation. traffic or ISP traffic.
2. WaveSent is not 3. Carriers that we
oooosed to actual consider paging
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -19
ISSUE WaveSent's Position Qwest' s Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Agreement
MOU billing if it only cannot receive
can bill for the same compensation for
traffic that other the termination of
competitive carriers Internet traffic.
terminate including
the termination of
Internet traffic,
(which would be
included under
Section 252(i) from
the Verizon
Wireless ICA}, and
continuous paging
traffic
Issue 28. Is Continuous No. Yes. TSR Order
Paging enhanced 1. Continuous Paging 1. It falls within the
services? is not enhanced definition of FCC Order on Remand
services. enhanced services. and Report and Order,
2. The FCC answered Released April 27, 2001
this in the TSR concerning Intercarrier
Order. Compensation for ISP-
3. It does not fall Bound traffic
under the definition
of Enhanced WaveSent has not seen
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part ofthis arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b) -Unresolved Issues Matrix -20
ISSUE WaveSent' s Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
Agreement
Services the PageNet
4. The customer is interconnection
using equivalent agreement on file in
airtime for the time Idaho
they are connected
to the switch. § 25l(c)(2)
5. WaveSent does not
control the voice
traffic or data that
the customer sends.
6. Qwest had similar
experience with
PageNet's
VoiceNow system
7. Other carriers
terminate this type
of traffic from
Qwest
Issue 29. SPOP not used Upon further Appendix C-2.3
with existing facilities -consideration, WaveSent
will concede this issue
Issue 30. Flat rate WaveSent believes that Flat rate billing is only Appendix A, (2)(A) § 25l(b)(5)
billing flat rate billing of 6000 available for selected
MOU per trunk would carriers § 25l(c)(2)
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -21
ISSUE WaveSent's Position Qwest's Position Interconnection FCC Rulings -Court
Agreement Section Rulings -Applicable
Rules of Law -
Interconnection
A2reement
address many of
Qwest' s concerns for Progressive Paging
paying for the agreement with Qwest
termination of traffic not
covered in the ICA
Qwest pays other
earners the flat rate of
6000 MOU per trunk.
Issue 31. Is the payment No. Flat rate billing Flat rate billing is only Appendix A, (2)(A) Progressive Paging
of reciprocal specifically guards used at Qwest' s agreement with Qwest
compensation for flat against this issue. discretion.
rate billing using a Mainly preserved for WaveSent agreement
specified formula ( such smaller carriers with few with Qwest
as 6000 MOU) a back lines.
door to subsidize
enhanced services and
Internet traffic?
The interconnection agreement sets forth issues not resolved by the Parties. Those issues are bold red-lined in the electronic copy
provided to the Commission. To the extent that Qwest may contest its agreement with any of these or other sections in the contract,
WaveSent reserves the right to arbitrate those issues as well as part of this arbitration process, and to negotiate in compulsory
arbitration with Qwest to resolve any open issues. Any public documents, including federal or state rulings, and correspondence
between Qwest and WaveSent are incorporated by reference and can be used to expound on issues.
WaveSent Petition for Arbitration Under §252(b)-Unresolved Issues Matrix -22
EXHIBITC
DRAFT INTERCONNECTION AGREEMENT
WaveSent Proposed Language -Bold Text
Qwest Proposed Language -Bold Strike Through TMt
Agreed-Upon Language-Normal Text
CMRS PACING CONNECTION
AGREEMENT
BETWEEN
U S WEST COl\tl\4UNICA.TIONS, INC.
QWEST CORPORATION
AND
ARCH PACING, INC. AND MOBILE COMMUNICATIONS
CORPOR.4 .. TION OF Al\4ERICA
WA VESENT LLC
Idaho
CDS 000li14 0079
Changes Key:
Bold Text -WaveSent Proposed Language
Bald Strike ThFaugh Ten -Qwest Proposed Language
3-18-2004-WaveSent-l D .doc-ID
C9S 000014 0079 ("FGR)
Table of Contents
Page
1. RESERVATIONS OF RIGHTS; CHANGES IN THE LAW ..................................... 1
2. SCOPE OF AGREEMENT ....•................................................................................ 2
3 DEFINITIONS ............................................................................•............................... 8
4. RATE ELEMENTS FOR DELIVERY OF EXEMPT TRAFFIC .............................. 12
5. PAGING CMRS CONNECTION ARRANGEMENTS ................................................... 12
5.1. Technical Requirements .................................................................................. 12
5.2. Cooperative Testing ............................................ , ........................................... 12
5.3. Forecasting ..................................................................................................... 13
6. LOCAL TRANSPORT AND TERMINATION RATES ........................................... 14
7. SERVICE IMPAIRMENT ....................................................................................... 15
8. COLLOCATION ................................................................................................... 16
9. ACCESS TO TELEPHONE NUMBERS ............................................................... 16
9.1 Number Resources Arrangements ................................................................... 16
10. U S '.\'&ST QWEST DEX ISSUES ........................................................................ 17
11. TERM OF AGREEMENT ...................................................................................... 17
12 PAYMENT ............................................................................................................ 18
13 MISCELLANEOUS TERMS ................................................................................. 19
13.1. General Provisions .................................................................................... 19
3-18-2004-WaveSent-lD.doc-lD
CDS 000014 0079 {Arsl-l)
13.2. Taxes .........•••.......•....••.........................................•.................................•.•...... 19
13.3. Force Majeure ................................................................................................. 19
13.4. Limitation of Liability ....................................................................................... 20
13.5. Indemnity ........................................................................................................ 20
13.6. Intellectual Property ........................................................................................ 21
13. 7. Warranties ....................................................................................................... 22
13.8 Assignment ..................................................................................................... 22
13.9. Default ............................................................................................................. 22
13.10. Disclaimer of Agency .................................................................................... 22
13.11. Severability .................................................................................................. 23
13.12. Nondisclosure .............................................................................................. 23
13.13. Survival ........................................................................................................ 24
13.14. Dispute Resolution ....................................................................................... 24
13.15. Controlling Law ............................................................................................ 25
13.16. Joint Work Product ...................................................................................... 26
13.17. Responsibility for Environmental Contamination .......................................... 26
13.18. Notices ......................................................................................................... 26
13.19. Responsibility of Each Party ......................................................................... 26
13.20. No Third Party Beneficiaries ......................................................................... 27
13.21. Referenced Documents ................................................................................ 27
13.22. Publicity and Advertising .............................................................................. 27
13.23. Amendment .................................................................................................. 27
13.24. Executed in Counterparts ............................................................................. 28
13.25. Headings of No Force or Effect ..................................................................... 28
3-18-2004-WaveSent-lD .doc-ID
GQS 000614 007-9 ~AFGR)
13.26. Regulatory Approval ..................................................................................... 28
13.27. Compliance .................................................................................................. 28
APPENDIX A -SCHEDULE 1 ...................................................................................... 31
IDAHO TYPE 1 TELRIC RA TES ................................................................................... 31
APPENDIX A -SCHEDULE 1 ...................................................................................... 33
IDAHO TYPE 2 TELRIC RATES ................................................................................... 33
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 ...................... 44
EXHIBIT A TO APPENDIX C ........................................................................................ 46
SINGLE POINT OF PRESENCE WAIVER FOR PAGING CMRS PROVIDERS ........... 46
APPENDIX D -ORDERING ........................................................................................... 47
7 .4 Ordering ......................................................................................................... 47
3-18-2004-WaveSent-lD.doc-lD
CDS 000014 0079 {AFGll)
CMRS PACING INTERCONNECTION AGREEMENT
This CMRS Paging Interconnection Agreement ("Agreement"), is between WaveSent LLC, a
Nevada LLC ("WaveSent" or "CMRS Provider") Anh Paging, Ine., a Dehm are eorporation ftRd
Mobile Communieations Corporation of Ameriea, a Delaware eorporation ("Areh" or "Paging
Provider") and Qwest Corporation ("Qwest") U 8 WEST Communieations, Ine. ("USWC"), a
Colorado corporation.
WHEREAS, USWC Qwest and PagiBg 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:
1. 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
to, 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
3-18-2004-WaveSent-lD.doc-lD
CQS 000614 0079 (Ar6h)
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.
1.3. This agreement does not establish billing rates governing 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
of their respective positions with regard to this pricing issue.
2. SCOPE OF AGREEMENT
2.1. 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 Conneetion Semee enables USWC's End Users and other
telet:ommunit:ations earFiers transiting USWC's netwoFlc to page End Users of Paging
Provider's network. This Agreement includes and incorporates by reference all
accompanying appendices and attachments.
2.1.1. 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 determine 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.
2.2. Facilities for Delivery of Transit Traffic
2.2.1 USWC Qwest will deliver Transit Traffic to Paging CMRS Provider's POC
over the same facilities and trunks used to deliver USWC Qwest's End User
originated calls.
3-18-2004-WaveSent-lD.doc-lD 2
CQS 000014 ~ (OrGI\)
2.3.
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 (IntraLATA Toll) traffic where Qwest is the designated IntraLATA
Toll provider for existing LECs, Qwest will be responsible for payment of
appropriate usage rates.
[Left blank for numbering consistency.]
This Agreement reeogn~es the unique status of traffie delivered to enhaneed serviee
providers. For purposes of this ," .. greement, Enhaneed Serviees traffie, sueh as
voieemail, that is not ineidental to Paging Provider's primary business, is not
Compensable Traffie. ,4 .. dditionally, traffie originated by one Party, and deli¥ered to
the other Party, whieh in turn deli-:ers the traffie to an Internet Serviee Provider (a}
shall be deemed interstate in nature, (b) shall not qualify as Compensable Traflie
under this t .. greement, and (e) U S WEST shall 11~t h~. obli~a~d to deliy~r ,sue" ~~affie
~{-:f~~~i;~,~7i1ii~~;,~~1~reement. ~~ff1~ii~~N~100~~,;~
Qwest elects to exchange ISP-bound traffic in accordance with the terms, conditions
and rates established by the FCC pursuant to the Order 01-131 effective June 14,
2001.
Compensation for ISP-bound traffic in Interconnection configurations between Qwest
and [WaveSent] will be on a Bill and Keep basis. This includes [WaveSent's] entry
into a new market and [WaveSent's] expansion into a market it previously had not
served.
2.5. 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.
2.6. Delivery of Paging CMRS Traffic
2.6.1. Paging CMRS Connection Service delivers Paging CMRS traffic to the Paging
CMRS Provider's POC(s) as identified in Appendix B.
2.6.2. II~~':~fdll\i~.,~~~~1-~!1{1{~)11[clfftl:e:it~m11fJiirait~:l~il The
Parties shall cooperate in good faith, including, but not limited to, following
the procedures specified in the Forecasting Section of this Agreement, to
determine all aspects of the facilities contemplated by this Agreement,
including, but not limited to, design, location, quantities, distance, etc.
Pursuant to joint planning as speeified in the Foreeasting seetion of this
3-18-2004-WaveSent-lD.doc-lD
cgs 000014 007-9 (AF6h)
3
Agreement, U S WEST shall determi11e all aspeets ftlld eleme11ts of the Paging
Conneetian Serviee faeilities that it pro-Ades itself, ineluding, hut not limited
ta, design, loeation, quftlltities, distftftee, ete. US WEST shall base this
determination an teehnieal ftlld eeanamie effieieney eansiderations, e.g.,
network requirements. Subjeet ta the provisions of this Seetian, U S WEST
shall monitor its usage an Paging Canneetion Sef'Viee ftftd 'ff ill reeonfigure
trunk groups as it deems neeessary. US WEST reserves the right to review,
revise or modify its Paging Canneetian Semee at any time far any lawful
business reason. All eireuits ftftd equipment pravi~e hylJ ~ \\'ES~ .. "'iU .always
~e ..vh~lly o'ft'n~.d. ~~. ~pet'a~~d • ~y U .~. ~E.S'f. ffit'.~~~;4,.j,~~~~;ffli~
s~~~~~;~i'4niiit47i0ii~~jJr!$itf.9p;@flt;} U S WEST shall provide
interconnection and interconnection facilities for Paging CMRS Connection
Service that are equal in quality to what US 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-000191 and any applicable requirements in the state ofldaho.
2.6.3 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
Information For Interconnection of a Wireless Services Provider and a Local
Exchange Carrier Network".
2. 6.3 .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.
2.6.3 .2.
2.6.3.3.
2.6.3.4
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.
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.
Paging CMRS Provider shall provide a sufficient quantity of
equipment ports to accommodate the number of trunks provided by
USWC Qwest.
2.6.4 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:
2.6.4.1 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
3-18-2004-WaveSent-lD.doc-lD 4
c:gs OOOOt 4 0079 (ArGR)
additional POCs where it wants to receive traffic from U S WEST
Qwest. The Parties must cooperate and work together to maintain
efficient interconnection during the term of the Agreement. Any related
dispute shall be resolved according to the Dispute Resolution procedures
set forth in Section 13 .14 ofthis Agreement.
2.6.4.2 The provisions ofthis Section apply to all existing and future Paging
CMRS Connection Service arrangements.
2.6.4.3 Type 1 Paging CMRS Connection Service
2.6.4.3.1 Subject to Section 2.6.4.3.2, Paging CMRS Provider may
designate new or additional POCs anywhere within the
LATA.
2.6.4.3.2 Billing Demarcation Point:
2.6.4.3.2.1 The Billing Demarcation Point between Y-S
WEST's Qwest's and Paging CMRS Provider's
networks shall be located within the LAT A at either
(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 8 WEST Qwest
Serving Wire Center of Paging CMRS Provider's
Point of Connection when such Serving Wire Center
is located within the LATA and Less than 37.5
airline miles from the U 8 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.
2.6.4.3.2.2 When the Billing Demarcation Point is established at
the 37.5 mile mark as described in 2.6.4.3.2.l(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.
3-18-2004-WaveSent-lD.doc-lD 5
CDS 00001 4 00+9 (AFGll)
2.6.4.3.3 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.
2.6.4.4 Type 2 Paging CMRS Connection Service
2.6.4.4.1 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 POC shall receive
traffic from the US WEST Qwest local and Toll Tandem
serving the geographic area in with the POC is located. Type
2 Paging CMRS Connection Service shall never extend
beyond the boundaries of the geographic area of U S WEST
Qwest's local Tandem serving Paging CMRS Provider's
POC. US WEST shall not be responsible for providing,
maintaining or paying for facilities used to connect Paging
CMRS Provider POC(s) to Paging CMRS Provider's
equipment or network.
2.6.4.5 The location of the POC will determine the method of interconnection.
3-18-2004-WaveSent-lD.doc-lD
cgs 000614 0079 (Arsl=I)
The following arrangements for interconnection are available: ( 1)
Network Access Channel; (2) Mid-Span Meet facilities; (3) Inter LCA
Facility.
2.6.4.5.1 Network Access Channel
A NAC facility extends from the Serving Wire Center of
USWC Qwest to the Paging CMRS Provider's 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 1 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
2.6.4.5.2 Mid-Span Meet (POC)
A Mid-Span Meet POC is a negotiated Point of Connection,
limited to the joining of facilities between USWC Qwest's
switch and the Paging CMRS Provider's Paging CMRS
Terminal. Mid-Span Meet POC may be accomplished by the
Parties through the negotiation of a separate Agreement. The
6
3-18-2004-WaveSent-l D .doc-ID
CDS 000614 0079 (ArGll)
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. 'I. 5. 3 lnteFl.CA F,u~ility
Paging Provider may request USWC Qwest pro·lided
faeilities to tr8Rsport EAS/Loeal Traffie from a virtual
POC is a USWC Qwest EAS/LCA to a POC loeated in a
distftftt EAS/LCA (a distant POC). The USWC Qwest
provided faeilities intereonneeting a USWC Qwest
Ef.S/LC". to a distftftt POC are Type 2 lnterLCA
Faeilities.
The aetual origination of the lnterLCA Faeility shall he
the USWC Qwest Wire Center loeated in the EAS/LCA
assoeiated with Paging CMRS Pro'rider's NXX. The
Termination point is in the POC in the distant EAS/LCt' •.
If the distftftee between the USWC Qwest Wire Center in
the EAS/LCA and the Serving Wire Center is twenty
miles or less, the Med and per mile rates for Direet Trunk
Transport (DTT) shall apply in aeeordftftee with Appendix
A.
If the distftftee between the USWC Qwest Wire Center in
the EAS/LCA and the Serving Wire Center of the distftftt
POC is greater than twenty miles, the fmed and per mile
DTT rates shall apply to the first t'W enty miles in
aeeordanee with }.ppendix A, and the remaining miles are
rated as intrastate monthly Med and per mile DSl Pri:Yate
Line Tr8Rsport Serviees. The Private Line Transport
Serviees rates are eontained in the applieahle state Private
Line eatalogs and Tariffs.
The faeilities eonneeting the distftftt POC to the USWC
Qwest Wire Center will he rated as intrastate I>Sl Private
Line Transport Serviees. The Private Line Transport
rates are eontained in the applieahle state Private Line
eatalogs and Tariffs.
Paging CMRS Pro'rider :will be eharged for the first
twenty miles of the lnterLCA Faeility as speeified in
Appendix A, to refleet the portion of the lnterLCA
Faeility that is used by USWC Q"·est to tr8Rsport USWC
Qwest originated traffie to Paging CMRS Provider
USWC Qwest shall not he required to reduee the Pri"late
7
Line Tr8Rsport Serv-iees rates fer the portion of the
lnteFLCA Faeility that e;l[eeeds 20 miles in length.
The lnterLC.4.. Faeility may be utilized with a DS1 to DSO
multiplexer in the USWC Qwest WiFe Center. A DSO le•;el
Type 2 lnteFeonneetion trunlc may use the InteFLCA. DS1
as CustemeF Faeility } .. ssignment (CFA) within the
originating EAS.'LCA.
In addition Paging CMRS PFe ,ideF may eheese to
purehase a Private Line Tr8Bsport Serviees DSJ from
USWC as a CFA en whieh the Type 2 lnterLCA Faeility
would Fide. Paging CMRS PFevideF will puFehase a
PFivate Line DSJ ta DS1 multiplexer ta support the DS1
lnteFLC.4 .. Faeility. If Paging CMRS PFa tideF ehaeses to
utilize a Private Line D8J as CFA, these rates will be
billed out af the applieable PFivate Line TFBRspart
Serviees eatalogs aF TaFiffs.
The lnterLCA Faeility eannet be used ta aeeess
unbundled netwarlt elements.
The lnteFLCA Faeility is available only wheFe faeilities
are ft"lailahle. USWC Qwest is net obligated to eenstruet
n~ faeilities ta pFovide a lnteFLCA Faeility.
2.6.5. 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 of the changes and when they will occur. For
Paging CMRS Connection Service changes may be made only in accordance with
the provisions of this Agreement.
2.6.6. 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.
2.6.7. IfUSWC 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.
3 DEFINITIONS
3-18-2004-WaveSent-lD.doc-lD
cgs 000814 0079 (AFGR)
8
3. l "Act" means the Communications Act of 1934 (47 U.S.C.151 et.seq.), 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.
3.2 "Billing Demarcation Point" ("BOP") shall be the specified point on an interconnection
facility where financial 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.
3.3 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 perfonns the same or substantially the same regulatory functions.
3.5 "Compensable Traffic" means the portion of all traffic delivered by US WEST Qwest to
Paging CMRS Provider upon which tenninating compensation is to be paid, if-any, as set
forth on Appendix A
3.6 "BAS/Local Calling Area" means the geographic area defined by the EAS boundaries as
detennined by the Commission and defined in U S WEST's Qwest's Local and/or General
Exchange Service Tariff within which LEC customers may complete a landline call without
incurring toll charges. Traffic originated and tenninated within the same EAS boundary is
considered to be BAS/Local and is to be considered local for purpose of this Agreement.
3.7 "End User(s)" means a third-party (residence or business) that subscribes to
Telecommunications Services provided by either of the Parties.
3. 7. "Enhanced Services" are services offered over common carrier transmission facilities used
in interstate communications, which employ computer processing applications that act on
the fonnat, content, code, protocol or similar aspects of the subscriber's transmitted
infonnation; provide the subscriber additional, different or restructured information; or
involve subscriber interaction with stored information.
3.8. "Exempt Traffic" means the portion of all tFaffie delivered by US WEST ta Paging
PFo .<ideF :w hieh is net Compensable TF&ffie, as set forth en Appendi-I A. The Parties
agree for purposes of this Agreement that Exempt Traffic includes inter-MT A traffic,
TFansit TFeffie and traffic originated by U S WEST customers which is routed to a
Paging CMRS Provider POC located in a different LA TA than where the call originates.
3.9. "FCC" means the Federal Communications Commission and any successor federal agency
that perfonns the same or substantially the same regulatory functions.
3.10. "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
3-18-2004-WaveSent-lD.doc-lD
GQS 000014 0079 (AmR)
9
3.11.
3.12.
3.13.
3.14.
J.1§.
3.16.
3.17.
3.18.
3.19.
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.
"Inter LAT A service" is telecommunications between a point located in a LAT A and a
point located outside such LAT A
"IntraLA TA 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.
"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.
l~eft:,!1~~1~,,i;tffl~.! .. 110~.~~J!if!lrt~~-~~t~~~';l~r~J .. ,,,,;· ,. ·, ,,.,.""''' ••,,. ,,,,,,., ... , ... , '·'' . '.'.','"•' .. , .... ,.
(Con~!itotf · 'at>,~1:esf:~,~~liii;in;(;lj lo#A'Ao1rta··.··\the;§'rcli.cC810tMcfilCA , ,.i.~;;,,.a· ·113 .15,)•·· "··=· .... ~""··· ...... £, .. ,."--"z~,v,r~ •.. !,f~ .•.... ,h, .. ,,. r~ ........ ,, ., ....... ,.,., ..... , ... , .. ,.. . ·"'· ........... ,, .. ,. Pa+~· .. P .... , .. ..
"Local Telecommunications Traffic" for the purposes of reciprocal compensation
means telecommunications traffic that originates and terminates in the same MT A
within a single LATA, provided, however, that Local Telecommunications Traffic
shall not include any traffic carried by an interexchange carrier, or traffic destined for
Paging CMRS Provider's subscribers that are roaming in a different MTA.
"MTA'' or "Major Trading Area" is a geographic area established in Rand McNally's
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.
3-18-2004-WaveSent-lD .doc-ID
cgs 000014 001e ~&iFGl=l)
10
3.20. "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.
3.21. "Rate Center" means the specific geographic point (the "Rating Point") and corresponding
geographic area that are associated with one or more particular NPA-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.
3.22. Routing Point" denotes a location that a telecommunications carrier has designated on its
network as the homing (routing) point for traffic that terminates to a specific NPA 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.
3.23. "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.
3.24. "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 TA toll traffic.
3.25. "Tandem Service Area" denotes the geographic area that is serviced by a Tandem office
switch and all end offices subtending that tandem.
3.26. "Tariff' as used throughout this Agreement refers to USWC Qwest interstate and state
tariffs, price lists, price schedules, catalogs, and service agreements as listed on the
website http//tarriffs. uswest. com/.
3.27. "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.
3.28. "Transit Traffic" is traffic that originates with a telecommunications carrier other than
USWC Qwest that transits USWC Qwest's network and is delivered to the Paging
CMRS Provider's POC. The sending and receiving parties are not End Users ofUSWC
Qwest, the transiting tandem telecommunications carrier.
3.29. "Type 1 Paging CMRS Connection Service" is a one-way final route trunk group between
USWC 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.
3-18-2004-WaveSent-lD.doc-lD
CQS 000014 ~ (t'.FGJ!l)
11
4. RATE ELEMENTS FOR DELIVERY OF EXEMPT TRAFFIC
4.1 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.
4.2. Applicable rate elements are:
4.2.1. Channel (Network Access Channel -NAC). Connection from Paging CMRS
Provider's POC to the Serving Wire Center. Non-recurring charges apply to four­
wire digital channels.
4.2.2. Channel Facility (for digital service) -DSl 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.
4.2.3. Channel Facility (for digital service) -DS3 level. Twenty-eight DSls, 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.
4.2.4. 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
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.
4.2.5. Multiplexing. Multiplexing performed at the Serving Wire Center enables a DSl
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.
5. P," .. CINC CMRS CONNECTION ARRANGEMENTS
5 .1. Technical Requirements
Equipment Interface. It is solely the Paging CMRS Provider's responsibility to advise
USWC Qwest of the equipment interface to be used at Paging CMRS Provider's POC.
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 GR145-CORE & BR-795-403-100.
5.2. 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.
3-18-2004-WaveSent-lD.doc-lD
CDS 000014 0079 (A Rill)
12
5.3. Forecasting
5.3.1 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
POC Forecast Form-Paging CMRS Connection (POC Forecast Form(s))
attached as Appendix B, for each POC and for each different equipment interface
within each POC. Although Paging CMRS Provider is required to complete a
POC Forecast Form(s), such forecasts are not orders for USWC Qwest
telecommunications services. USWC Qwest may use Paging CMRS Provider's
forecasts and other sources of data which USWC Qwest independently selects
and obtains to help determine the design and configuration of Paging CMRS
Connection Service. Except as set for in Section 2.6.2 hereof, USWC Qwest is
under no obligation to provide services to meet the usage forecasted by the Paging
CMRS Provider in the POC Forecast Form, such information is for USWC
Qwest's planning purposes only.
5.3.1.1. Paging CMRS Provider shall complete the first POC Forecast
form(s) upon execution ofthis Agreement. Thereafter, Paging
CMRS Provider must complete and send USWC Qwest updated
POC Forecast Form(s) quarterly. IfUSWC Qwest does not receive
an updated form with a new forecast each quarter, then USWC
Qwest will rely on the last form received and its own current
measurement of traffic over the Paging CMRS Connection Service
facilities.
5.3.2 USWC 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.
5 .3 .3 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 of the
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.
5 .4 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.
3-18-2004-WaveSent-lD .doc-ID
CDS 000014 0079 (Aroh)
13
5 .5 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.
6. LOCAL TRANSPORT AND TERMINATION RA TES
6.1. USWC Qwest will pay Paging CMRS Provider for the transport and termination of
Compensable Traffic as set forth in Appendix A.
6.2. 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.
6.2.1. [Left blank for numbering consistency.]
6.2.2. The parties will exchange billing contacts and telephone numbers.
6.2.3. The invoices will include identification of the monthly bill period (from and
through dates), which will be the first through the last day of the prior calendar
month.
6.2.4. Paging CMRS Provider will bill US WEST by state and by trunk group.
6.2.5. Pagieg CMRS Provide will assign an Invoice Number and/or Billing Account
Number.
6.2.6. 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).
6.2.7. The rendered bill will include a summary of charges and total amounts due.
6.2.8. Charges incurred during the bill period will be reflected on the next bill. Minute of
use ("MOU") rates will be displayed for all charges.
6.2.9. Invoice will include all adjustments, credits, debits and payments.
6.2.10. 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.
6.2.11. Paging CMRS Provider's invoices to US WEST Qwest will be provided on
paper, unless a mechanized format is mutually agreed upon.
3-18-2004-WaveSent-lD .doc-ID
CQS 000014 0079 (AFGR)
14
6.2.12. [Left blank for numbering consistency.]
6.2.13. Tetel messages will he een,eFted te MOUs as fellows: 1) the number ef
messages will he aggregated at the end ef the hilling period by tmnli: group, 2)
the eggregeted number ef messages will he mukiplied by the ft'terege held
time in seeends end divided by (iO (te eenveFt te minutes) J) the preduet will
he multiplied by the Cempensehle Treffie pereentage ftRd 4) the result
rounded te the nearest whole minute.
6.2.14. In the ehsenee ef eetuel held time date, it will he assumed that w.erage held
time per paging message is 20 seeends.
6.3. Billing disputes will be resolved through the Dispute Resolution provisions of this
Agreement.
7. SERVICE IMPAIRMENT
7 .1. 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 haz.ards to
the employees of either Party or to the public. Each of these requirements is hereinafter
referred to as an "Impairment of Service."
7 .2. 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") of the 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.
7.3. 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 of the
other Party's personnel to find trouble in its service will not result in a charge if the trouble
is actually in that service, but not discovered at that time.
7.4 To facilitate trouble reporting and to coordinate the repair of the 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 ( 800) 784-3414
3-1Pr2004-WaveSent-lD.doc-lD
COS OOQ614 0079 (.".FGh)
15
Paging CMRS Provider's TRCO number is f800) 7JJ 482J [phone]
This number shall give access to the location where facility records are nonnally located
and where current status reports on any trouble reports are readily available.
7.5. 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.
8. COLLOCATION
Should the Parties desire to collocate transmission equipment, through either physical or virtual
collocation, the Parties will enter into a separate collocation agreement.
9. ACCESS TO TELEPHONE NUMBERS
9. 1 Number Resources Arrangements
9 .1.1 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
to, 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, fonnerly ICCF 93-0729-010).
9 .1.2. 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 if technically feasible, to the extent
appropriate under Commission (or FCC) orders, rules, or decisions.
9.1.3. Subject to Section 2.1.2 of this Agreement, US WEST Qwest will assign Type 1
number to Paging CMRS Provider on an equitable non-discriminatory basis upon
reasonable request. Blocks of 100 local numbers will be provided by US WEST
to Paging CMRS Provider as available from the NXX codes assigned to a Y-S
WEST Qwest End Office. ChaFges faF sueh numbeF shell he in aeeoFdft:Ree
with Sehedule 1.
9 .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.
9 .1.5. 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.
3-18-2004-WaveSent-lD.doc-lD
GQS 000014 0079 (AF6R)
16
10.
9 .1.6. Each Party is responsible for administering NXX codes assigned to it. Each Party
is responsible for arranging LERO input for NXX codes assigned to its
equipment. Each Party shall use the LERO published by Bellcore or its successor
for obtaining routing information and shall provide through an authorized LERO
input agent, all required information regarding its network for maintaining the
LERO in a timely manner.
9 .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
USWC Qwest recurring or nonrecurring charge for numbers, number
assignments, number maintenance, number administration and/or other number
resource related charges.
US WEST QWEST DEX ISSUES
USWC Qwest and Peging 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 Peging CMRS Provider and directory publishers, including U-8
WEST Qwest Dex. USWC Qwest acknowledges that Peging CMRS Provider may request
USWC Qwest to facilitate discussions between Peging CMRS Provider and U S WEST Qwest
Dex.
11. TERM OF AGREEMENT
11.1 Effective Dates
All terms ofthis Agreement, including US WEST Qwest's obligation to pay terminating
compensation specified in Section III of Appendix A, shall become effective July 1, 2000
March 15, 2004 (the "Effective Date"), subject to the approval by the Commission (the
"Approval Date").
11.2 Initial Term
The "Initial Term" ofthis Agreement shall expire on Jooueey 18, 2002 March 15, 2009.
11.3 Renewal
After the date specified in Section 11.2 above, this Agreement shall continue in force and
effect until terminated by either Party's providing written notice of termination to the other
Party pursuant to the terms of this Agreement.
11.4 Termination
11.4 .1 Involuntary Termination. This Agreement will terminate upon a revocation or
other termination 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.
3-18-2004-WaveSent-l D.doc-1 D cgs 000014 0079 (/lrsi't)
17
11.4.2 Voluntary Tennination. The Agreement may be tenninated upon 160 days'
advance written notice at any time after ,"' .. ugust 11, 2001 October 6, 2006. The
Parties agree that any such notification of tennination shall be deemed a formal
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) of the Act, in which
case the Agreement will continue in force and effect until a successor agreement
has been approved by the Commission.
12 PAYMENT
12.1 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.
12.2 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.
12.3 Should either Party dispute any portion of the monthly 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
reeiproeal eompensation for internet related traffie. 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's 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 of
the dispute.
3-18-2004-WaveSent-l D .doc-ID cgs 000014 0079 (Arst:I)
18
12.4 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 ofnon­
disputed amounts for three (3) consecutive months. The deposit may not exceed the
estimated total monthly 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.
12.5 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.
13 MISCELLANEOUS TERMS
13. 1. General Provisions
13 .1.1. 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.
13.2. Taxes
Each Party shall pay or 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.
13.3. Force Majeure
Neither Party shall be liable for any delay or failure in performance of any part of this
Agreement from any cause beyond its control and without its fault or negligence 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
3-18-2004-WaveSent-lD.doc-lD
cgs 000&1 4 0079 (A,FGti)
19
other persons or transportation facilities or acts or omissions of transportation carriers
(collectively, a "Force Majeure Event").
13 .4. 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 performing the obligations contained in this Agreement.
13.4.2 Elieept fer indemnity obligations, eaeh Party's liability to the other Party for
any loss relating to or arising out of any negligent aet or omission in its
perfermanee of this A.greement, whether in eontraet or in tort, shall he limited
to the total amount that is or would have been eharged to the other Party by
sueh negligent or breaehing Party fer the serviee(s) or funetion(s) not
performed or improperly performed.
13.4.3. Euept as provided in Seetions lJ.6.4 and U.6.S helo'ft, neither Party shall he
liable to the other under this Agreement fer indireet, ineidental,
eonsequential, or speeial damages, ineluding (without limitation) damages for
lost profits, lost revenues, lost whether in eontraet, warranty, striet liability,
tort, ineluding (without limitation) negligenee of any land and regardless of
whether the Parties lmew the possibility that sueh damages eould result.
13.4.4. Nothing contained in this Section shall limit either Party's liability to the other for
willful misconduct.
13.4.5. Nothing contained in this Section shall limit either Party's obligations of
indemnification as specified in Section 13. 7 of this Agreement.
13.5. Indemnity
13 .5 .1. With respect to third party claims, each of the Parties agrees to release, indemnify,
defend and hold harmless 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 attorneys' 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.
13.5.2. The indemnification provided herein shall be conditioned upon:
13 .5 .2.1. 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
3-18-2004-WaveSent-lD.doc-lD 20
COS 0000~ 4 0079 (,!\roll)
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.
13.5.2.2. 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.
13.5.2.3. 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.
13.6. Intellectual Property
13 .6 .1. Paging CMRS Provider and USWC Qwest shall not, without the express written
permission of the 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's
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's
advertising or promotional activities or materials, that they are in any way
associated with or originated from the other or any of the 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.
13.6.2. 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.
13.6.3. Paging CMRS Provider and USWC Qwest acknowledge the value of the marks
"U S WEST Qwest," "U S WEST Communieations Qwest Corporation,"
"Areh Paging, Ine. WaveSent LLC" and "Mobile Communieations
Corporation ofAmeriea," (the "Marks") and the goodwill associated therewith
and acknowledge that such goodwill is a property right belonging to U S WEST,
lne., USWC Qwest, and AFeh Paging, lne. WaveSent ftRd Mobile
Communieations Corporation of Ameriea 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
3-18-2004-WaveSent-lD.doc-lD
GQS 000614 0019 (Arsh)
21
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. 7. Warranties
NOlWITHSTANDING 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 MERCHANT ABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
13. 8 Assignment
Neither Party may assign or transfer (whether by operation of law 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
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.
13. 9. 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 of
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.
13 .10. 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
3-18-2004-WaveSent-lD.doc-lD
GQS 000614 0079 (.0F6R)
22
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 of the 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, :financial
reports, customer records, Customer Proprietary Network Information (as
defined by Section 222 (f)(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.
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 .12.3. 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:
13.12.4.1.
13.12.4.2.
3-18-2004-WaveSent-lD.doc-lD
GQS 000614 ~ io F6R)
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
23
13.12.4.3.
13.12.4.4.
13.12.4.5.
13.12.4.6.
13.12.4.7.
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.
13.12.5. 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 if furnished before the date
of this Agreement.
13 .13. Survival
Any obligations under this Agreement which by their nature are intended to continue
beyond the termination or expiration of this Agreement shall survive the termination or
expiration of this Agreement.
13 .14. Dispute Resolution
13.14.1. 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.
3-18-2004-WaveSent-lD.doc-lD 24
CDS 00001 4 0079 ~A.F6f:t)
13.14.2. 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.
13.14.3. If the vice-presidential level representatives have not reached a resolution of
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.
13.14.4. If any claim, controversy or dispute between the Parties, their agents,
employees, officers, directors or affiliated agents ("Dispute") cannot be settled
through negotiation, it may shall be resolved by arbitration under the then
current rules of the American Arbitration Association ("AAA"). The
arbitration shall be conducted by a single neutral arbitrator familiar with the ·
telecommunications industry and engaged in the practice of law. Such
arbitrator shall not be a current or former 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. 1-16, not
state law, shall govern the arbitrability of all Disputes. The arbitrator shall
R6t have authority to award punitive damages. All expedited or emergency
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 attorneys' 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 small claims court, the
Commission or the FCC as provided by state or federal law.
13.14.5. 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 of the Act and
the laws of the state where service is provided hereunder. It shall be interpreted solely in
3-18-2004-WaveSent-lD.doc-lD
GQS 000014 ~(OFGl:I)
25
accordance with the tenns of the 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 tenns. 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
U S WEST Communieations, lee.
Director -Compliance
1801 California Street, Room 2410
Denver, CO 80202
With a copy to:
U S WEST Law Department
Attention General Counsel
1801 California, Room 5100
Denver, CO 80202
WaveSent LLC
Mell Paging lee., and Mobile
Communieations Corporation of
... . i..:menea
1800 West Park Drive, Suite 2SO
Westborough, MA 01§81 J912
Attn.: Mr. Dennis Doyle
(§08) 870 ,,12
Attention: Telecom Admin
6610 Overland Rd.
Boise, ID 83709
Each Party shall infonn the other of any changes in the above addresses.
13 .19. 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 perfonnance of its obligations under this
Agreement and retains full control over the employment, direction, compensation and
3-18-2004-WaveSent-lD.doc-lD
cgs 00001 4 0010 ~t\FGR)
26
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 of that Party's obligations
hereunder.
13.20. 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.
13 .21 . 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,
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.
13.22. Publicity and Advertising
Neither Party shall publish (other than in connection with necessary approval of this
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.
13.23. 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.
3-1 B-2004-WaveSent-lD.doc-lD
cgs 000014 00+0 ("rGl=I)
27
13.24. 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.
13.25. 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.
13.26. 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
of their 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,
the obligation of the 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 U.S.C. Sections 252(i) to elect
terms and conditions from other approved agreements consistent with 47 C.F.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 ofldaho.
" AFeh Paging, Ine. ftDd Mobile
Communieetion Corporation of Ameriee
WaveSent LLC
Signature
Name Printedff yped
Title
Date
3-18-2004-WaveSent-lD.doc-lD cgs 000614 00+e EJl.FGl'I)
28
" U S WEST Communieetions, Ine.
Qwest Corporation
Signature
Elizabeth J. Stamp
Name Printed/f yped
Director -Interconnect
Title
Date
APPENDIX A -Rates and Charges
1. FACILITY CHARGES
A 1 ...
·•.;;~~~i'~f:tii~
J 'd
, .. , .•••....•• «.·.;! ..•..•. ;
1ijJlii~I
tatet6£I.'daho<\S~ .~,·:~ ~-' : ·. ·"J, ·--.. --:-: ... ,>,: -. .--.•• :. '
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 (lntraLA TA
ToJI) traffic where Qwest is the designated IntraLA TA ToJI provider for existing LECs,
Qwest will be responsible for payment of appropriate usage rates.
B. 100% of the Non recurring charges incurred due to Paging CMRS Provider relocation or
equipment change will be paid.
2. 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 Trunli.: Pursuant ta Seetian (i, upon establishment af an aetual three (J)
month &Yerage Minutes af Use (MOU) per trunll group t) pe, USWC will eompensate
Paging Provider on a monthly basis at a Oat rate per trunll for deli"lery of USWC
originated traffie as follows:
• Type 1: .<\vefftge MOU per trunk times Compensable Traffie pereentage times
SO.OOJJ98 times trunk quantity
3-18-2004-WaveSent-lD.doc-lD
G gs 0000~ 4 0079 (P F6~)
29
• Type 2: Average MOU per trunk times Compensable Traffie pereentage times
SO.OOJJ98 times trunlc quantity
C. The Compensable Traffic percentage shall be calculated as follows: Compensable Traffic
percentage equals one hundred percent HHIU:IS Third Party Tm.ffie peFeentage.
3. 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.
3-18-2004-WaveSent-lD.doc-lD
Ggs 000014 007-9 (,11,FGR)
30
APPENDIX A -SCHEDULE 1
IDAHO TYPE 1 TELRIC RA TES
PAGE 1-IDAHO TYPE 1 TELRIC RATES
DESCRIPTION
NETWORK ACCESS CHANNEL -NAC
Analog 2-wire Channels:
1-way in (land to mobile)
Analog 4-wire Channels:
1-way in (land to mobile)
4-wire Digital Channels:
1-way in (land to mobile)
DIGITAL FACILITY
DSl Level
CONNECTIVITY
Analog (Per analog channel)
DSl Level (Per DSl Facility)
-per DS 1 Activated on a DS3 Facility
DIAL OUTPULSING
Per each one-way-in (land to mobile)
or two-way channel:
-Analog 2-wire
-Analog 4-wire or Digital
MULTIPLEXING
DSl to DSO
CHANNEL PERFORMANCE
Loop Start
Ground Start
Loop with Reverse Battery
3-18-2004-WaveSent-lD .doc-ID
CCIS 000014 0079 (AFGl=t)
usoc NON-
RECURRING
MTZlX $263.81
MTJlX $263.81
M4W1X $78.92
MF31X $485.34
CK6AX NIA
CK61X NIA
CK61X NIA
OUPAX $181.66
OUPDX $181.66
MXGlX $291.36
PM2GG NIA
PM2HG NIA
PM2JG NIA
31
RECURRING
$38.72
$89.52
NIA
$93.05
$20.73
$50.40
$50.40
NIA
NIA
$199.75
$7.27
$5.06
$4.12
PAGE 2 -IDAHO TYPE 1 TELRIC RA TES
DESCRIPTION
DEDICATED TRANSPORT
Analog/DSO
Over O to 8 Miles
Fixed:
Per Mile
Over 8 to 25 Miles
Fixed:
Per Mile
Over 25 to 50 Miles
Fixed
Per Mile
Over 50 Miles
Fixed
Per Mile
DSl Level
Over O to 8 Miles
Fixed
Per Mile
Over 8 to 25 Miles
Fixed
Per Mile
Over 25 to 50 Miles
Fixed
Per Mile
Over 50 Miles
Fixed
Per Mile
3-18-2004-WaveSent-lD.doc-lD
cgs Q00614 0079 (.'\FGI:!)
usoc
XUWHI
JZ3HA
XUWH2
JZ3HB
XUWH3
JZ3HC
XUWH4
JZ3HD
XUWJl
JZ3IA
XUWJ2
JZ3JB
XUWJ3
JZ3JC
XUWJ4
JZ3JD
32
NON-RECURRING
RECURRING
$28.29 $18.83
NIA $0.09
$28.29 $18.85
NIA $0.12
$28.29 $18.83
NIA $0.13
$28.29 $18.83
NIA $0.11
$216.03 $37.35
NIA $1.28
$216.03 $37.35
NIA $1.90
$216.03 $37.35
NIA $2.04
$216.03 $37.35
NIA $1.90
APPENDIX A -SCHEDULE 1
IDAHO TYPE 2 TELRIC RA TES
PAGE 1-IDAHO TYPE 2 TELRIC RATES
DESCRIPTION
CHANNEL
(Network Access Channel-NAC)
2 wire Analog {trunk side termination}
2A-l way in (Paging)
4 wire Analog {trunk side termination}
2A-l way in (Paging)
4 wire Digital {trunk side termination}
TYPE2A
2A-l way in (Paging)
-Initial
-Subsequent
Channel Facility-DSl Level
Channel Facility-DS3 Level
3-18-2004-WaveSent-lD.doc-lD
GQS OOQ614 00+9 (.'\FGh)
usoc
P231X
P431X
P4YlX
P4YlX
MF31X
MF33X
33
NON-RECURRING
$263.81
$263.81
$78.92
$78.92
$485.34
$532.62
MONTHLY
$38.72
$73.34
NIA
NIA
$93.05
$368.96
PAGE 2-IDAHO TYPE 2 TELRIC RATES
DESCRIPTION
DEDICATED TRANSPORT
Analog/DSO
Over O to 8 Miles
Fixed:
Per Mile
Over 8 to 25 Miles
Fixed:
Per Mile
Over 25 to 50 Miles
Fixed
Per Mile
Over 50 Miles
Fixed
Per Mile
DS1 Level
Over O to 8 Miles
Fixed
Per Mile
Over 8 to 25 Miles
Fixed
Per Mile
Over 25 to 50 Miles
Fixed
Per Mile
Over 50 Miles
Fixed
Per Mile
3-18-2004-WaveSent-lD.doc-lD
CQS 000614 0079(Amll)
usoc
XU2Tl
JZ3TA
XU2T2
JZ3TB
XU2T3
JZ3TC
XU2T4
JZ3TD
XUWJl
JZ3JA
XUWJ2
JZ3JB
XUWJ3
JZ3JC
XUWJ4
JZ3JD
34
NON-RECURRING
RECURRING
$28.29 $18.83
$28.29 $0.09
$28.29 $18.85
$28.29 $0.12
$28.29 $18.83
$28.29 $0.13
$28.29 $18.83
$28.29 $0.11
$216.03 $37.35
$216.03 $1.28
$216.03 $37.35
$216.03 $1.90
$216.03 $37.35
$216.03 $2.04
$216.03 $37.35
$216.03 $1.90
PAGE 3-IDAHO TYPE 2 TELRIC RATES
DESCRIPTION
DS3 Level
Over O to 8 Miles
Fixed:
Per Mile
Over 8 to 25 Miles
Fixed:
Per Mile
Over 25 to 50 Miles
Fixed
Per Mile
Over 50 Miles
Fixed
Per Mile
CHANNEL PERFORMANCE
Loop with Reverse Battery
Applies only when there is Dedicated
Transport on Analog 2-Wire NAC
MULTIPLEXING
Per DS 1 to DSO Multiplexer
Per DS3 to DS 1 Multiplexer
3-18-2004-WaveSent-lD.doc-lD
CQS 000014 0079 (.A.rah)
usoc NON-RECURRING
RECURRING
XUWK.l $216.03 $257.18
JZ3KA $216.03 $19.48
XUWK.2 $216.03 $260.49
JZ3KB $216.03 $24.24
XUWK.3 $216.03 $260.77
JZ3KC $216.03 $26.43
XUWK.4 $216.03 $259.32
JZ3KD $216.03 $26.35
PM2JG NIA $4.12
MXGlX $291.36 $199.75
MXG3X $298.29 $201.88
35
APPENDIX B -TYPE 1 PAGING CMRS CONNECTION SERVICE
QUARTERLYPOCFORECASTFORM
-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)
___ NewPOC
___ Existing POC
I For Internal Use Only
Paging CMRS Provider: _________________ ACNA: __ _
POC Address: _________________________ _
City, State, Zip:-------------------------
Switch CLLI Code (associated with NXX): _____________ _
POC CLLI Code (if assigned): ------------------­
Technical Contact Name: ---------------------­
Technical Contact Phone Number: ------------------­
Billing Contact Name: ----------------------­
Billing Contact Phone Number: -------------------­
List ALL W..,CINC CMRS DID Numbers associated with this POC:
Pagiag 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 ___ .Immediate (IMM) ___ .Delayed Start
Outpulsing (4-10 digits)---------
Network Channel Interface -Analog
_ Reverse Battery -600 ohms
_ Reverse Battery -900 ohms
_ Loop Start
_ E & M Signaling -Type I
_ E & M Signaling -Type II
3-18-2004-WaveSent-lD.doc-lD
GOS 000014 0079 (.ArGl:I)
36
Network Channel Interface -Digital:
DS3
DSI AMI+ SF
OSI AMI + ANSI ESF
OSI AMI+ non-ANSI ESF
OSI B8ZS + SF
DSl B8ZS + ANSI ESF
DSl B8ZS + non-ANSI ESF
APPENDIX B -TYPE 1 Pl.GING CMRS CONNECTION SERVICE
QUARTERLYPOCFORECASTFORM
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
4.9.3.2 of this Agreement
Mail completed form to:
3-18-2004-WaveSent-lD.doc-lD
GQS 000014 QQ79 (Oirot:1)
USWCQwest
Type 1 Forecast Manger
250 Bell Plaza, Room 311
Salt Lake City, UT 84111
37
APPENDIX B -TYPE 1 P..4 .. GING 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 require~d__,.p_.e_r _PO_C.._) ---------.
___ New POC For Internal Use Only
___ Existing POC
Paging CMRS Provider: _________________ ACNA: __ _
POC Address: _________________________ _
City, State, Zip:-------------------------
Switch CLLI Code (associated with NXX): _____________ _
POC CLLI Code (if assigned) : -------------------­
Technical Contact Name: ---------------------­
Technical Contact Phone Number: ------------------­
Billing Contact Name: ----------------------­
Billing Contact Phone Number: -------------------­
List ALL P-t..GING CMRS DID Numbers associated with this POC:
Paging 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 Immediate (IMM) ---'Delayed Start
Outpulsing (4-10 digits) ________ _
Network Channel Interface -Analog
_ Reverse Battery -600 ohms
_ Reverse Battery -900 ohms
_ Loop Start
_ E & M Signaling -Type I
_ E & M Signaling -Type II
3-18-2004-WaveSent-lD.doc-lD
cgs 000614 0010 (.lliron)
38
Network Channel Interface -Digital:
DS3
DSl AMI+ SF
DS 1 AMI + ANSI ESF
DSl AMI+ non-ANSI ESF
DSl B8ZS+ SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
APPENDIX B -TYPE 1 PAGING CMRS CONNECTION SERVICE
INITIAL POC FORECAST FORM
Busy Season: ______ _
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For IntemaJ Use Only:
Prepared by: _________ _
Title: ____________ _
Date: ______ _
Telephone Number: _______ _
Please attach additional major network project information to this forecast, per Section
4.9.3.2 of this Agreement
Mail completed form to:
3-18-2004-WaveSent-lD .doc-ID
GE)S 000014 0079 (Aral'I)
l:JSWC Qwest
Type 1 Forecast Manger
250 Bell Plaza, Room 311
Salt Lake City, UT 84111
39
APPENDIX B -TYPE 2 PAGING 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)
___ NewPOC
___ Existing POC
For Internal Use Only
Paging CMRS Provider: _________________ .ACNA: ________ _
POC Address=------------------------------­
City, State, Zip:----------------------------
Switch CLLI Code (associated with NXX): ___________________ _
POC CLLI Code (if assigned): ---------------------­
Technical Contact Name: ---------------------------­
Technical Contact Phone Number: ------------------------­
Billing Contact Name: --------------------------
Billing Contact Phone Number: -----------------------
List ALL !¥ .. GING CMRS NXX's associated with this POC: (Type 2 Paging CMRS Service is only
available to NXX's and associated POCs located within the geographical serving area of the respective
YSWG Qwest Local and LATA/Toll Tandems)
Paging CMRS Provider's Equipment Requirements
Trunk Pulsing
___ Multifrequency (MF-Wink Start)
___ Common Channel Signaling (SS7)
(check appropriate line(s))
___ Digits Required (4-10 digits): ___________ _
Network Channel Interface -Digital only
(if DSJ, identify both DSJ and DSl level):
___ DS3 ___ DSI AMI+ SF
3-18-2004-WaveSent-lD.doc-lD
GQS 000014 0019 (.Girsh)
___ DS1 AMI+ ANSI ESF
___ DSI AMI+ non-ANSI ESF
___ DSI B8ZS + SF
___ DSI B8ZS + ANSI ESF
___ DSI B8ZS + non-ANSI ESF
40
APPENDIX B -TYPE 2 PACING CMRS CONNECTION SERVICE
INITIAL POC FORECAST FORM
Usage Forecast-EAS Traffic
Busy Season: ______ _
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Equivalent Trunks:
Usage Forecast-Toll Traffic
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Prepared by: _________ _
Title: ____________ _
Date: ______ _
Telephone Number: __________ _
Please attach additional major network project information
to this forecast, per Section 4.9.3.2 of the Agreement
Mail completed form to:
3-18-2004-WaveSent-lD.doc-lD
CDS 000014 QQ19 (J',FGl:I)
lJSWC Qwest
Type 2 Forecast Manager
250 Bell Plaza, Room 311
Salt Lake City, UT 84111
41
APPENDIX B -TYPE 2 PACING CMRS CONNECTION SERVICE
QUARTERLYPOCFORECASTFORM
-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)
___ NewPOC
___ Existing POC
For Internal Use Only
Paging CMRS Provider: _________________ ACNA: ---------
POC Address: ______________________________ _
City, State, Zip:----------------------------
Switch CLLI Code (associated with NXX): ___________________ _
POC CLLI Code (if assigned): ---------------------­
Technical Contact Name: ---------------------------­
Technical Contact Phone Number: ------------------------­
Billing Contact Name: --------------------------
Billing Contact Phone Number: -----------------------
List ALL Pl' .. CINC CMRS NXX's associated with this POC: (Type 2 Paging CMRS Service is only
available to NXX's and associated POCs located within the geographical serving area of the respective
tJ8W(; Qwest Local and LATA/Toll Tandems)
Paging CMRS Provider's Equipment Requirements
Trunk Pulsing
___ Multifrequency (MF-Wink Start)
___ Common Channel Signaling (SS7)
(check appropriate line(s))
___ Digits Required (4-10 digits): ------------
Network Channel Interface -Digital only
(if DSJ, identify both DSJ and DSl level):
___ DS3 OSI AMI+ SF
3-18-2004-WaveSent-lD.doc-lD
cgs 000014 oo,g f.61'61:1)
___ OSI AMI+ ANSI ESF
___ OSI AMI+ non-ANSI ESF
___ OSI B8ZS + SF
___ OSI B8ZS + ANSI ESF
___ OSI B8ZS + non-ANSI ESF
42
APPENDIX B -TYPE 2 PAGING CMRS CONNECTION SERVICE
QUARTERLYPOCFORECASTFORM
Usage Forecast -EAS Traffic
Busy Season: ______ _
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Equivalent Trunks:
Usage Forecast-Toll Traffic
Busy Season: ______ _
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Prepared by:. _________ _
Title: ____________ _
Date: ______ _
Telephone Number: __________ _
Please attach additional major network project information
to this forecast, per Section 5.3 of the Agreement
Mail completed form to:
3-18-2004-WaveSent-lD.doc-lD
CDS 000014 007-9 (AF6R)
l:TSWC Qwest
Type 2 Forecast Manager
250 Bell Plaza, Room 311
Salt lake City, UT 84111
43
APPENDIX C -Single Point of Presence (SPOP) in the LATA
1.0 Definitions
2.0
1.1 Entrance Facility (EF)/Channel Facility. Interconnection may be accomplished through the
provision of a DS I 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's
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.
1.2 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 (lntraLATA 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.
2.1
2.2
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
(lntraLATA 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.
2.3 SPOP in the LATA includes an Entrance Facility (EF) and OTT/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-LAT A traffic are provided to
Paging CMRS Providers at no charge, euept fo.-the po.-tion of the faeility used to eany
ThiFd Party T.-affie. Therefore, Qwest shall determine 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.
2.4 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/Local
traffic only. A separate trunk group from the Qwest access tandem is required for the exchange
of Exchange Access (IntraLAT A Toll Non-IXC) traffic and jointly Provided Switched Access
(lnterLATA and IntraLATA IXC) traffic.
2.5 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
3-18-2004-WaveSent-lD .doc-ID
Ggs Q00814 0019 (.!.IFGl=I)
44
EAS/Local, Exchange Access (Intra LATA Toll Non-IXC) and Jointly Provided Switched
Access (lnterLA TA and IntraLATA IXC) traffic.
2.6 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 terminal 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 OSI 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's POI.
2.7 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.
2.8 SPOP in the Lf...Tf... eannat he used in eanjunetian with e3iisting Paging CMRS Provider
Type 2 trunlang that eanneets ta Qwest's end affiee switehes with tandem funetianality.
Where sueh trunlang Bists and Paging Provider requests SPOP, the Parties will
deaetivate the original trunlfS.
2.9 The Type 2 SPOP facility cannot be used to access unbundled network elements.
2.10 SPOP in a LATA is available only where facilities are available. Qwest is not obligated to
construct new facilities to provide SPOP in the LAT A.
3.0 Ordering
3.1 SPOP in the LATA may be requested based on the standard process for Paging CMRS. See
Qwest Product Catalog for Type 2 service.
3-18-2004-WaveSent-lD.doc-lD
GQS 000014 0079 (AF6R)
45
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-mobile
service.
Qwest will waive the requirement for Paging CMRS Provider to connect to each Qwest Access Tandem in
the LAT A 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
LAT A, 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.
3-18-2004-WaveSent-lD .doc-ID
GQS 000014 0079 (AFGf:1)
46
APPENDIX D -Ordering
7 .4 Ordering
7.4.1 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.
7.4.2 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 traffic
associated with the NXX will be routed. For NXX codes assigned to existing ~ 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 via
the Routing Supplemental Form-Wireline available on the Qwest web site:
www .uswest.com/carrier/bulletins/process.html.
7.4.3 When the [CMRS] has a DS3 Entrance Facility or has purchased a DS3 private line
facility, the [CMRS] will order the appropriate DSl facility required and identify the channels of the
DS3 to be used to provide circuit facility assignments. Also, if the [CMRS] has a DSl Entrance
Facility or has purchased a DSl private line facility, [CMRS] will be responsible for identification of
the DSO channels of the DSl private line to be used to provide circuit facility assignment.
7.4.4 Where [WaveSent] has not previously established a POI and operated in a LATA, or
where 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 can
implement the proposed plan and the transmittal of Access Service Requests (ASRs) to initiate order
activity. A Party requesting tandem Interconnection will provide its best estimate of the traffic
distribution to each end office subtending the tandem.
7.4.5 Trunks will be ordered either to Qwest's end offices directly or to Qwest's local tandem
for Exchange Service (EAS/Local) traffic. Separate trunks will be ordered to Qwest's access tandem
for Exchange Access (IntraLA TA toll) and Jointly Provided Switched Access traffic.
7.2.2.9.5.1 In the complete absence of a Local Tandem serving a particular end office, EAS/Local,
Exchange Access (intraLA TA Toll) and Jointly Provided Switched Access traffic between the Qwest
end office switch and [W aveSent] switch may be exchanged by the Parties through ~ trunk groups
established directly between (1) [WaveSent] switch and Qwest end office switch or (2) [WaveSent]
switch and Qwest access tandem.
7.4.6 Initial establishment of trunking arrangements at each location of Interconnection
3-18-2004-WaveSent-l D .doc-ID
GQS 000014 QQ79 ("Fsl=I)
47
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. [W aveSent] will provide
forecasts according to the forecasting guidelines found in Section [5.3] of this Agreement.
7.4.7 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 [W aveSent]
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.
7.4.8. 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. 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. [W aveSent] will provide forecasts
according to the forecasting guidelines found in Section [5.3] of this Agreement.
3-18-2004-WaveSent-lD.doc-lD
G9S 000014 0079 (.A.FGll)
48