20031210Application.pdf

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Robert A. Maynard
Perkins Coie
Suite 502, 199 North Capitol Boulevard
Boise, Idaho 83702
[phone]
[phone] FAX
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Attorney for us WEST NewVector Group, Inc.J~J
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of:
U S WEST NEWVECTOR GROUP, INC.
for Approval of an Interconnection Agreement
Pursuant to 47 U.C. ~ 252(e)
Case No. GT2. - T - Or
APPLICATION OF U S WES'J. NEW VECTOR GROUP, INC.
U S WEST NewVector Group, Inc. ("USWNV"), a commercial mobile radio service
(cellphone) provider, hereby submits for approval by the Idaho Public Utilities Commission
IPUC") the enclosed Interconnection Agreement dated October 30, 1997 (the "Agreement"
which provides for USWNV to interconnect with GTE Northwest Incorporated ("GTE NW")
local exchange facilities in Idaho (Exhibit "). This Agreement was reached through voluntary
negotiations without resort to mediation or arbitration and is submitted for approval pursuant to
Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act
of 1996 (the "Act"
Section 252(e)(2) of the Act directs that a state commission may reject an agreement
reached through voluntary negotiations only if the commission finds that:
APPLICATION OF US WEST NEWVECTOR GROUP, INC.
r USWNVIPU.DOC)
- 1 -
(1) the agreement (or portion thereof) discriminates against a telecommunications carrier
not a party to the agreement~ or
(2) the implementation of such agreement or portion is not consistent with the public
interest, convenience, and necessity.
USWNV respectfully submits that the Agreement provides no basis for either of these
findings and, thus, request that the IPUC approve the Agreement expeditiously. First, the
Agreement does not discriminate against any other telecommunications carrier. Second, the
Agreement consistent with the public interest as identified in the pro-competitive policies of the
IPUC, the U.S. Congress, and the Federal Communications Commission. The Agreement will
enable USWNV to utilize GTE NW local exchange facilities and provide customers with
increased choices among local mobile service providers. Expeditious approval of this Agreement
will facilitate competition in GTE NW' s local exchange service areas.
USWNV further requests that the IPUC approve this Agreement without a hearing and
without allowing the intervention of other parties. Because this Agreement was reached through
voluntary negotiations, it does not raise issues requiring a hearing and does not concern other
parties not a part of the negotiations. Expeditious approval without a hearing would further the
public interest.
APPLICATION OF U S WEST NEWVECTOR GROUP, INC.
USWNVIPuooc)
- 2-
WHEREFORE, USWNV requests that the IPUC grant this application for approval of the
Agreement for Interconnection between the parties, pursuant to Section 252(e) of the Act.
Respectfully submitted
PERKINS COlE
By ~MA~d
Suite 502, 199 North Capitol Boulevard
Boise, Idaho 83702
[phone]
Of Attorneys for US WEST NewVector Group, Inc.
November ~J.,1997
APPLICATION OF U S WEST NEWVECTOR GROUP, INC.
(USWNVIPu.ooc)
- 3 -
Robert A. Maynard
Perkins Coie
Suite 502, 199 North Capitol Boulevard
Boise, Idaho 83702
[phone]
[phone] FAX
Attorney for US WEST NewVector Group, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of:
US WEST NEWVECTOR GROUP, INC.
for Approval of an Interconnection Agreement
Pursuant to 47 U.C. ~ 252(e)
Case No.
PROOF OF SERVICE
I HEREBY CERTIFY that I have this
~.)
/) day of /V()y.em.hv--1997 served the
foregoing APPLICATION OF U S WEST NEWVECTOR GROUP, INC. and enclosed
INTERCONNECTION AGREEMENT BETWEEN GTE NORTHWEST INCORPORATED
AND IDAHO RSA NO.1 LIMITED PARTNERSIllP BY US WEST NEWVECTOR GROUP
INC., ITS GENERAL MANAGING PARTNER FOR THE STATE OF IDAHO upon all parties
of record in this proceeding by mailing a copy thereof, properly addressed with postage prepaid
to:
Timothy 1. O'Connell
GTE Northwest Incorporated
O. Box 1003
Everett, W A 98206-1003
By:~ ~ynM
(USWNVPSE.OOC)
- 1 -
r;:XHtBIT
INTERCONNECTION AGREEMENT
BETWEEN
GTE NORTHWEST INCORPORATED
AND
IDAHO RSA NO.1 LIMITED PARTNERSHIP
BY U S WEST NEWVECTOR GROUP, INC., ITS MANAGING GENERAL PARTNER
FOR THE STATE OF IDAHO
CONTRACT ID
NEWVID.G2A 1027971528
TABLE OF CONTENTS
ARTICLE I
SCOPE AND INTENT OF AGREEMENT ............................
ARTICLE II
DEFINITIONS .................................................11-
General Definitions
.............................................
11-1 "Act"
...................................................
11-2 "Affiliate
" ...............................................
11-3 "AMA"
..................................................
11-1.4 "Answer Supervision
.................................... .
11-5 "ApplicableLaw
.........................................
11-6 "Automatic Number Identification" or "ANI" . . . . . . . . . . . . . . . . . . . 11-7 "Bellcore
...............................................
11-8 "Business Day
" ..........................................
11-9 "CentraIOfficeSwitch"
....................................
11-
10 "Centralized Message Distribution System" (CMDS) . . . . . . . . . . . . 11-11 "CLLlcodes
" ............................................
11-
12 "Commercial Mobile Radio Services" (CMRS) . . . . . . . . . . . . . . . . . 11-
13 "Commission
" ...........................................
11-
14 "Common Channel Signaling" or "CCS" . . . . . . . . . . . . . . . . . . . . . . 11-
15 "Competitive Local Exchange Carrier" (CLEC) ................11-
16 "ConversationTime
" .....................................
11-
17 "Customer"' .............................................11-
18 "Customer Usage Data
" ...................................
11-
19 "DS-
..................................................
11-
20 "DS-
..................................................
11-
21 "Disconnect Supervision
" .................................
11-22 "ElectronicFileTransfer"'
..................................
11-
23 "EMR"
..................................................
11-24 "Exchange Service
" ......................................
11-
25 "EIS" or "Expanded Interconnection Service" ................. 11-26 Facility .................................................11-
27 "FCC" ..................................................11-28 Generator...............................................11-4
29 "GTOC" ................................................11-
30 "Incumbent Local Exchange Carrier"' (ILEC)
..................
11-4
31 "Interconnection Point" riP") .............................. 11-
32 "ISUP" .................................................11-
NEWVID.G2A - i -1027971528
33 "IXC" or "Interexchange Carrier" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-
34 "LATA"
.................................................
11-4
35 "Line Information Data Base (LlDB)" .
. . . . . . . . . . . . . . . . . . . . . . . .
11-4
36 "Local Exchange Carrier" or "LEC" . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4
37 "Local Exchange Routing Guide" or "LERG" . . . . . . . . . . . . . . . . . . 11-4
38 "Local Provider" .........................................11-
39 "Local Traffic........................................... .11-
1.40 "Meet-Point Billing" or "MPB" .............................. 11-
41 "MECAB" ...............................................11-
42 "MECOD" ...............................................11-
1.43 "Mid-Span Fiber Meet" ....................................11-
1.44 "MSC"MTSO" ........................................11-
45 "MTA"
..................................................
11-
46 "NANP"
.................................................
11-
1.47 "Numbering Plan Area" or "NPA" ........................... 11-
1.48 "NXX"
, "
NXX Code
, "
Central Office Code" or "CO Code . . . . . . . 11-
1.49 "911Service
............................................
11-50 Owner and Operator ......................................11-
51 "POI"
...................................................
11-
52 "Provider" ..............................................11-6
53 "Public Safety Answering Point" or "PSAP" . . . . . . . . . . . . . . . . . . . 11-
54 "Rate Center
.......................................... ..
11-
55 "Routing Point" ..........................................11-
56 "Service Control Point" or "SCP" ........................... 11-
57 "Service Switching Point" or "SSP" ......................... 11-
58 "SignalingPoint"SP"
..................................
11-
59 "SignalingSystem7"SS7" .............................11-
60 "Signal Transfer Point" or "STP" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-
61 "Subsidiary
" ............................................
11-
62 "Synchronous Optical Network" or "SONET" ................. 11-
63 "Switched Access Service
" ................................
11-
64 "Telecommunications Services
" ..............
. . . . . . . . . . . . . . 11-65 Third Party Contamination .................................11-
66 "Two-Way Wireless Mobile Telecommunications Service Provider"
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 11-67 Undefined Terms......................................... 11-68 "Vertical Features" (including "CLASS Features ) ............. 11-
69 "Wire Center
.......................................... ..
11-
ARTICLE III
GENERAL PROVISIONS......................................111-
NEWVID.G2A - ii -1027971528
10.
11.
12.
Scope of General Provisions
.....................................
111-
Term and Termination
..........................................
111-
Term .................................................. 111-
Post-Termination Arranaements
.............................
111-
Termination Upon Default
..................................
111-
2.4 Termination Upon Sale
....................................
111-
LiabilityuponTermination
..................................
111-
Amendments ................................................. 111-
Assianment .................................................. 111-
Authority
.....................................................
111-
BillinaandPayment
............................................
111-
Billina
.................................................
111-
Dispute ................................................ 111-
LatePaymentCharae
.....................................
111-6.4 Audits .................................................111-
BindinaEffect
.................................................
111-
compliancewithLawsandReaulations
............................
111-
Confidentiallnformation
.........................................
111-
Identification ............................................ 111-
Handlina
...............................................
111-4
Exceptions
..............................................
111-9.4 .Survival ............................................... 111-
Consent ..................................................... 111-
CooperationonFraudMinimization
................................
111-
DisputeResolution
.............................................
111-
12.Alternative to Litiaation
....................................
111-6
12.Neaotiations
............................................
111-
12.Arbitration
..............................................
111-
12.4 Expedited Arbitration Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . .. 111-
12.Costs
................................................
. 111-
12.6 .ContinuousService...................................... 111-
NEWVID.G2A - iii -1027971528
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
28.
29.
30.
NEWVID.G2A
EntireAareement
..............................................
111-
Expenses .................................................... 111-
Force Maieure
................................................
111-
Good Faith Performance ........................................111-
GoverninaLaw
................................................
111-
GTE Standard Practices ........................................111-
Headinas .................................................... 111-
Independent Contractor Relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 111-
Law Enforcement Interface ......................................111-
Liability and Indemnity
..........................................
111-
22.Indemnification .......................................... 111-
22.End User and Content-Related Claims . . . . . . . . . . . . . . . . . . . . . .. 111-
22.DISCLAIMER
..........................................
111-
22.4 Limitation of Liability
.....................................
111-
22.Intellectual Property
.....................................
111-
MultipleCounterparts
..........................................
111-
No Offer ...................,................................ 111-
NoThirdPartyBeneficiaries .................................... 111-
Notices.....................................................111-
27. Protection ............................................. 111-
27.Impairment of Service
....................................
111-
27.2 Resolution.............................................111-
Publicity
....................................................
111-
ReaulatorvAaencycontrol.
.....................................
111-
Chanaes in Leaal Requirements
.................................
111-
- iv-1027971528
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
Effective Date. ...............................................111-
ReaulatorvMatters
...........................................
111-
Rule of Construction ..........................................111-
Section References ...........................................111-
Service Standards ............................................111-
Severability ................................................. 111-
Subcontractors...............................................111-
SubseQuentLaw ............................................. 111-
Taxes......................................................111-
TrademarksandTradeNames ..................................111-
Waiver ..................................................... 111-
Responsibility for Environmental Contamination . . . . . . . . . . . . . . . . . . . .. 111-
ARTICLE IV
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC
. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .. IV-
ServicesCoveredbYThisArticle .................................. IV-
Types of Services ........................................ IV-
Service Locations for Interconnection Services and Facilities . . . . . . IV-
Additional Services or Service Locations . . . . . . . . . . . . . . . . . . . . .. IV-
BiliinaandRates
..............................................
IV-
RatesandCharaes ....................................... IV-
Billina ................................................. IV-
Transport and Termination of Traffic ............................... IV-
Types of Traffic .......................................... IV-
Compensation For Exchanae Of Traffic . . . . . . . . . . . . . . . . . . . . . .. IV-
Tandem Switchina Services (Transitina). . . . . . . . . . . . . . . . . . . . . . . IV-
NEWVID.G2A - v-1027971528
Direct Network Interconnection ................................... IV-
Network Interconnection Architecture . . . . . . . . . . . . . . . . . . . . . . . .. IV-
Compensation
...........................................
IV-4
TrunkinaReQuirements .................................... IV-
4.4 Network Redesians Initiated by GTE . . . . . . . . . . . . . . . . . . . . . . . .. IV-
Indirect Network Interconnection .................................. IV-
NumberResources
............................................
IV-
NXXNumberAssianment
..................................
IV-
Blocks of 100 Numbers Assianment .......................... IV-
RateCenters
..........................................
. IV-
6.4 RoutinaPoints ........................................... IV-
Code and Numbers Administration ........................... IV-
ProaramminaSwitches
....................................
IV-
Meet-PointBillina .............................................. IV-
Meet-Point Arranaements .................................. IV-
Compensation ........................................... IV-
CommonchannelSianalina
....................................
IV-
Service Description ...................................... IV-
SianalinaParameters
....................................
IV-
Privacy Indicators ....................................... IV-
8.4 ConnectionThrouahSTP
.................................
IV-
ThirdPartySianalinaProviders
............................
IV-
Multi-FreQuencySianalina
................................
IV-
ServiceQualityandPerformance
................................
IV-
10.NetworkOutaaes '" IV-
11.Technical Descriptions and Forecasts
. "
" IV-
12.Transitionandlmplementation .................................. IV-
ARTICLE V
ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .
. . . . . . . . . . . . . . . . . . . . . .. V-
Misdirected Calls .............................................. V-
911 Arranaements '" V-
NEWVID.G2A - vi -1027971528
2.4
Description of Service ..................................... V-
Cooperation and Level of Performance . . . . . . . . . . . . . . . . . . . . . .. V-
Enhanced 911 (E911) ..................................... V-
InformationServicesTraffic ...................................... V-
Routina ................................................ V-
Recordina .............................................. V-
Ratina ................................................. V-
3.4 BillinaandColiection ..................................... V-
Blockina ............................................... V-
ARTICLE VI
COLLOCATION ............................................... VI-
Physical Collocation ........................................... VI-
APPENDIX A
SERVICE MATRIX......................................... .... A-
APPENDIX B
SERVICE ATTACHMENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .. B-
APPENDIX C
RATES AND CHARGES FOR
TRANSPORT AND TERMINATION OF TRAFFIC. . . . . . . . . . . . . . . . . . . .. C-
NEWVID.G2A - vii-1027971528
This Interconnection Agreement (the "Agreement"), is entered into by and between
GTE Northwest Incorporated , with its address for purposes of this Agreement at 600
Hidden Ridge Drive , Irving, Texas 75038 ("GTE"), and Idaho RSA No.1 Limited
Partnership bu U S West NewVector Group, Inc., its Managing General Partner
NewVector ), in its capacity as a provider of two-way wireless service, with its address
for this Agreement at 3350 161st Avenue, S., Bellevue, WA 98008-1329 (GTE and
NewVector being referred to collectively as the "Parties" and individually as a "Party
This Agreement covers services in the state of Idaho only (the "State
WHEREAS, interconnection between local providers is necessary and desirable for the
mutual exchange and termination of traffic originating on each local providers' network;
and
WHEREAS, the Parties desire to exchange such traffic and related signaling in a
technically and economically efficient manner at defined and mutually agreed upon
points of interconnection; and
WHEREAS, the Parties wish to enter into an agreement to interconnect their respective
telecommunications networks on terms that are fair and equitable to both Parties; and
WHEREAS , Section 251 of the Telecommunications Act of 1996 (the "Act") imposes
specific obligations on LECs with respect to the interconnection of their networks and
physical collocation of equipment in LEe premises;
NOW, THEREFORE, in consideration of the mutual provisions contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, GTE and NewVector hereby covenant and agree as follows:
NEWVID.G2A 1027971528
ARTICLE I
SCOPE AND INTENT OF AGREEMENT
Pursuant to this Agreement, the Parties will extend certain arrangements to one
another within each area in which they both operate within the State for purposes of
interconnection and the exchange of traffic between their respective end user
customers. This Agreement also governs the collocation of certain equipment of
NewVector in the premises of GTE. This Agreement is an integrated package that
reflects a balancing of interests critical to the Parties. This Agreement will be submitted
to the Idaho Public Utilities Commission (the "Commission ) for approval. The Parties
agree that their entrance into this Agreement is without prejudice to and does not waive
any positions they may have taken previously, or may take in the future, in any
legislative, regulatory, judicial or other public forum addressing any matters, including
matters related to the same types of arrangements covered in this Agreement.
The services and facilities to be provided to NewVector by GTE in satisfaction of this
Agreement, unless rates are specifically enumerated in this Agreement, may be
provided pursuant to GTE tariffs and then current practices. Should such services and
facilities be modified by tariff or by Order, including any modifications resulting from
other Commission proceedings , federal court review or other judicial action, such
modifications will be deemed to automatically supersede any rates and terms and
conditions of this Agreement provided, however, that the Parties shall agree upon the
precise language on such modifications. The Parties shall cooperate with one another
for the purpose of incorporating required modifications into this agreement.
NEWVID.G2A 1027971528
1.4
NEWVID.G2A
ARTICLE II
DEFINITIONS
General Definitions. Except as otherwise specified herein, the following
definitions shall apply to all Articles and Appendices contained in this
Agreement. Additional definitions that are specific to the matters covered in a
particular Article may appear in that Article. To the extent that there may be
any conflict between a definition set forth in this Article II and any definition in
a specific Article or Appendix, the definition set forth in the specific Article or
Appendix shall control with respect to that Article or Appendix.
Act" means the Communications Act of 1934 as amended, 47 U.C. sec.
151 , et. seq.
Affiliate" of a Party means a person , corporation or other legal entity that
directly or indirectly, owns or controls a Party, or is owned or controlled by, or
is under common ownership or control with a Party.
AMA" means the Automated Message Accounting structure inherent in switch
technology that initially records telecommunication message information. AMA
format is contained in the Automated Message Accounting document
published by Bellcore as GR-1100-CORE which defines the industry standard
for message recording.
Answer Supervision" means an off-hook supervisory signal.
Applicable Law" shall mean all laws, statutes, common law, regulations
ordinances, codes, rules , guidelines, orders, permits, and approvals of any
Governmental Authority, which apply or relate to the subject matter of this
Agreement.
Automatic Number Identification" or "ANI" refers to the number transmitted
through the network identifying the calling party.
Bell core" means an organization owned jointly by the Bell regional holding
companies and that may in the future be owned partially or totally by other
persons, that conducts research and development projects for its owners
including development of new telecommunications services. Bellcore also
provides certain centralized technical and management services for the
regional holding companies and also provides generic requirements for the
telecommunications industry for products, services and technologies.
11-1027971528
NEWVID.G2A
Business Day" shall mean Monday through Friday, except for holidays on
which the U.S. mail is not delivered.
Central Office Switch" means a switch used to provide telecommunications
services including (i) "End Office Switches which are Class 5 switches from
which end user Exchange Services are directly connected and offered, and (ii)
Tandem Office Switches which are Class 4 switches which are used to
connect and switch trunk circuits between and among central office switches.
Central office switches may be employed as combination end office/tandem
office switches (combination Class 5/Class 4).
Centralized Message Distribution System" (CMDS) means the billing
record and clearing house transport system that the Regional Bell Operating
Companies ("RBOCs ) and other incumbent LEes use to efficiently exchange
out collects and in collects as well as Carrier Access Billing System ("CABS"
records.
CLLI codes" means Common Language Location Identifier Codes.
Commercial Mobile Radio Services" (CMRS) means a radio communication
service between mobile stations or receivers and land stations, or by mobile
stations communicating among themselves that is provided for profit and that
makes interconnected service available to the public or to such classes of
eligible users as to be effectively available to a substantial portion of the
public.
Commission" means the Public Utilities/Public Service Commission of the
state in which this agreement is filed.
Common Channel Signaling" or "CCS" means a high-speed specialized
packet-switched communications network that is separate (out-of-band) from
the public packet-switched and message networks. CCS carries addressed
signaling messages for individual trunk circuits and/or database-related
services between Signaling Points in the CCS network using SS7 signaling
protocol.
Competitive Local Exchange Carrier" (CLEC) means any company or
person authorized to provide local exchange services in competition with an
ILEC.
Conversation Time" means the time that both Parties' equipment is used for
a completed call , measured from the receipt of answer supervision to the
receipt of disconnect supervision.
11-1027971528
NEWVID.G2A
Customer" may mean GTE or NewVector depending on the context and
which Party is receiving the service from the other Party.
Customer Usage Data" means that the local telecommunications services
usage data of an end user customer of one of the Parties, measured in
conversation minutes, sub-minute increments, message units, or otherwise
that is recorded and exchanged by the Parties.
DS-1" is a digital signal rate of 1.544 Mbps.
DS-3" is a digital signal rate of 44.736 Mbps.
Disconnect Supervision" means an on-hook supervisory signal sent at the
completion of a call.
Electronic File Transfer" refers to a system or process which utilizes an
electronic format and protocol to send/receive data files.
EMR" means the Exchange Message Record which is an industry standard
record used to exchange telecommunications message information among
local providers for billable, non-billable , sample, settlement and study data.
EMR format is defined in BR-01 0-200-01 0 CRIS Exchange Message Record
published by Bellcore and which defines the industry standard for exchange
message records.
Exchange Service" refers to all basic access line services, or any other
services offered to end users which provide end users with a telephonic
connection to, and a unique telephone number address on, the public switched
telecommunications network ("PSTN ), and which enable such end users to
place or receive calls to all other stations on the PSTN.
EIS" or "Expanded Interconnection Service" means a service that provides
interconnecting carriers with the capability to terminate basic fiber optic
transmission facilities, including optical terminating equipment and
multiplexers, at GTE's wire centers and access tandems and interconnect
those facilities with the facilities of GTE. Microwave is available on a
case-by-case basis where feasible.
Facility, when used in Article III, Section 42 , means all buildings, equipment
structures and other items located on a single site or contiguous or adjacent
sites owned or operated by the same persons or person.
FCC" means the Federal Communications Commission.
11-1027971528
NEWVID.G2A
Generator means under Resource Conservation Recovery Act (RCRA), the
person whose act produces a hazardous waste (40 CFR 261) or whose act first
causes a hazardous waste to become subject to regulation. The generator is
legally responsible for the proper management and disposal of hazardous
wastes in accordance with regulations.
GTOC" means GTE Telephone Operating Company.
Incumbent Local Exchange Carrier" (ILEC) means any local exchange
carrier that was as of February 8, 1996, deemed to be a member of the
Exchange Carrier Association as set forth in 47 C. F. R. ~69.601 (b) of the Fee'
regulations.
Interconnection Point" ("IP") means the physical point on the network
where the two parties interconnect. The "IP" is the demarcation point between
ownership of the transmission facility.
ISUP" means a part of the SS7 protocol that defines call setup messages and
call takedown messages.
IXC" or "Interexchange Carrier" means a telecommunications service
provider authorized by the FCC to provide interstate long distance
communications services between LA T As and are authorized by the State to
provide inter- and/or intraLATA long distance communications services within
the State.
LATA" means Local Access and Transport Area. A LATA denotes a
geographic area for the provision and administration of communications
service; intraLATA or interLATA.
Line Information Data Base (LlDB)" means one or all , as the context may
require , of the Line Information databases owned individually by GTE and
other entities which provide, among other things, calling card validation
functionality for telephone line number cards issued by GTE and other entities.
A LlDB also contains validation data for collect and third number-billed calls;
i.e., Billed Number Screening.
Local Exchange Carrier" or "LEC" means any company certified by the
Commission to provide local exchange telecommunications service.
Local Exchange Routing Guide" or "LERG" means the Bellcore reference
customarily used to identify NPA-NXX routing and homing information , as well
as network element and equipment designation.
11-4 1027971528
1.40
1.41
1.42
1.43
1.44
NEWVID.G2A
Local Provider" is used in this Agreement as a generic reference to any
provider of local services, i.e., ILECs, CLECs, CMRS Carriers. This includes
the Parties to this Agreement.
Local Traffic , for purposes of compensation between Parties, means traffic
that is originated by an end user of one Party and terminates to the end user of
the other Party within the same MT A (Major Trading Area) and, for GTE-
originated traffic, within the same LATA, provided that the end user of
NewVector receives service on a wireless, mobile basis.
Meet-Point Billing" or "MPB" refers to an arrangement whereby two local
providers jointly provide the transport element of a switched access service to
one of the local provider s end office switches, with each local provider
receiving an appropriate share of the transport element revenues as defined
by their effective access tariffs.
MECAB" refers to the Multiple Exchange Carrier Access Billing ("MECAB"
document prepared by the Billing Committee of the Ordering and Billing Forum
OBF"), which functions under the auspices of the Carrier Liaison Committee
CLC") of the Alliance for Telecommunications Industry Solutions ("ATIS"
The MECAB document, published by Bellcore as Special Report SR-BDS-
000983 , contains the recommended guidelines for the billing of an access
service provided by two or more local providers , or by one local provider in two
or more states within a single LATA.
MECOD" refers to the Multiple Exchange Carriers Ordering and Design
MECOD'? Guidelines for Access Services Industry Support Interface
document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum ("OBF"), which functions under the
auspices of the Carrier Liaison Committee ("CLC") of the Alliance for
Telecommunications Industry Solutions ("ATIS"). The MECOD document
published by Bellcore as Special Report SR-STS-002643, establish methods
for processing orders for access service which is to be provided by two or more
local providers.
Mid-Span Fiber Meet" means an Interconnection architecture whereby two
carriers' fiber transmission facilities meet at a mutually agreed-upon POI.
MSC" or "MTSO" means the Mobile Switching Center or Mobile
Telecommunications Switching Office used by a CMRS carrier in performing
originating and terminating functions for calls to or from end user customers of
the CMRS carrier.
11-1027971528
1.45
1.46
1.47
1.48
1.49
NEWVID.G2A
MTA" means Major Trading Area as defined by the FCC rules, Part
24.202(a).
NANP" means the "North American Numbering Plan , the system of
telephone numbering employed in the United States, Canada, and the
Caribbean countries that employ NPA 809.
Numbering Plan Area" or "NPA" is also sometimes referred to as an area
code. This is the three digit indicator which is defined by the "
, "
, and "
digits of each 10-digit telephone number within the NANP. Each NPA contains
800 possible NXX Codes. There are two general categories of NPA
Geoaraphic NPAs and "Non-Geoaraphic NPAs . A Geographic NPA
associated with a defined geographic area, and all telephone numbers bearing
such NPA are associated with services provided within that geographic area.
A Non-Geographic NPA, also known as a "Service Access Code or SAC
Code is typically associated with a specialized telecommunications service
which may be provided across multiple geographic NPA areas. 800, 900, 700
and 888 are examples of Non-Geographic NPAs.
NXX"
, "
NXX Code
, "
Central Office Code" or "CO Code" is the three digit
switch entity indicator which is defined by the "
, "
, and "F" digits of a 10-
digit telephone number within the NANP. Each NXX Code contains 10 000
station numbers. Historically, entire NXX code blocks have been assigned to
specific individual local exchange end office switches.
911 Service" means a universal telephone number which gives the public
direct access to the PSAP. Basic 911 service collects 911 calls from one or
more local exchange switches that serve a geographic area. The calls are
then sent to the correct authority designated to receive such calls.
Owner and Operator means as used in OSHA regulations, owner is the legal
entity, including a lessee, which exercises control over management and
record keeping functions relating to a building or facility. As used in the
Resource Conservation and Recovery Act (RCRA), operator means the person
responsible for the overall (or part of the) operations of a facility.
POI" means Point of Interconnection designated for routing of local
interconnection trunks.
Provider" may mean GTE or NewVector depending on the context and which
Party is providing the service to the other Party.
11-6 1027971528
NEWVID.G2A
Public Safety Answering Point" or "PSAP" means an answering location
for 9-1 calls originating in a given area. A PSAP may be designated as
Primary or Secondary, which refers to the order in which calls are directed for
answering. Primary PSAPs respond first; Secondary PSAPs receive calls on a
transfer basis only, and generally serve as a centralized answering location for
a particular type of emergency call. PSAPs are staffed by employees of
Emergency Response Agencies ("ERAs ) such as police, fire or emergency
medical agencies or by employees of a common bureau serving a group of
such entities.
Rate Center" means the specific geographic point and corresponding
geographic area that are associated with one or more particular NPA-NXX
Codes that have been assigned to a local provider for its provision of
Exchange Services. The geographic point is identified by a specific Vertical
and Horizontal ("V&H") coordinate that is used to calculate distance-sensitive
end user traffic to/from the particular NPA-NXXs associated with the specific
Rate Center.
Routing Point" denotes a location that a local provider has designated on its
network as the homing (routing) point for traffic that terminates to Exchange
Services provided by the local provider that bear a certain NPA-NXX
designation. The Routing Point is used to calculate airline mileage for the
distance-sensitive transport element charges of Switched Access Services.
Pursuant to Bellcore Practice BR795-1 00-1 00, the Routing Point may be an
end office location , or a "LEC Consortium Point of Interconnection." The
Routing Point must be in the same LATA as the associated NPA-NXX.
Service Control Point" or "SCP" is the node in the signaling network to
which informational requests for service handling, such as routing, are directed
and processed. The SCP is a real time database system that, based on a
query from the SSP, performs subscriber or application-specific service logic
and then sends instructions back to the SSP on how to continue call
processing.
Service Switching Point" or "SSP" means a Signaling Point that can launch
queries to databases and receive/interpret responses used to provide specific
customer services.
Signaling Point" or "SP" means a node in the CCS network that originates
and/or receives signaling messages, or transfers signaling messages from one
signaling link to another, or both.
11-1027971528
NEWVID.G2A
Signaling System 7" or "SS7" means the signaling protocol , Version 7 , of
the CCS network, based upon American National Standards Institute ("ANSI"
standards.
Signal Transfer Point" or "STP" means a packet switch in the CCS network
that is used to route signaling messages among SSPs, SCPs and other STPs
in order to set up calls and to query databases for advanced services. GTE'
network includes mated pairs of local and regional STPs. STPs are provided
in pairs for redundancy. GTE STPs conform to ANSI T1.111-8 standards.
Subsidiary" of a Party means a corporation or other legal entity that is
majority owned by such Party.
Synchronous Optical Network" or "SONET" means synchronous electrical
STS") or optical channel ("OC") connections between local providers.
Switched Access Service" means the offering of facilities for the purpose of
the origination or termination of traffic to or from Exchange Service customers
in a given area pursuant to a switched access tariff. Switched Access Services
include: Feature Group A, Feature Group B, Feature Group C , Feature Group
, 800 access and 900 access services.
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.
Third Party Contamination means environmental pollution that is not
generated by GTE or NewVector but results from off-site activities impacting a
facility.
Two-Way Wireless Mobile Telecommunications Service Provider" means
a CMRS provider of telephone exchange and exchange access services.
CMRS providers are authorized pursuant to 47 U.C. J 332 (d) (1) as
interpreted by the FCC and the federal courts.
Undefined Terms means the Parties acknowledge that terms may appear in
this Agreement which are not defined and agree that any such terms shall be
construed in accordance with their customary usage in the telecommunications
industry as of the effective date of this Agreement.
Vertical Features" (including "CLASS Features ) means vertical services
and switch functionalities provided by GTE, including: Automatic Call Back;
Automatic Recall; Call Forwarding Busy Line/Don t Answer; Call Forwarding
11-1027971528
NEWVID.G2A
Don t Answer; Call Forwarding Variable; Call Forwarding - Busy Line; Call
Trace; Call Waiting; Call Number Delivery Blocking Per Call; Calling Number
Blocking Per Line; Cancel Call Waiting; Distinctive Ringing/Call Waiting;
Incoming Call Line Identification Delivery; Selective Call Forward; Selective
Call Rejection; Speed Calling; and Three Way Calling/Call Transfer.
Wire Center means a building or space within a building that serves as an
aggregation point on a local provider s network, where transmission facilities
and circuits are connected or switched. "Wire center" can also denote a
building in which one or more Central Offices, used for the provision of
exchange services and access services, are located.
11-1027971528
~ Kurl
NEWVlD.O2A
1 ~..5~. 1 '7':1 (' l::':::'~P. 8
ARTICLE III
GENERAL PROVISIONS
. Except as may otheJWIse b 88t forth In aparticular Article or Appendix of this Agreement. In which 88 the provisionsof such Article or Appendix shall control. these General P visions apply to allArticles and Appendices of this Agreement.
Imm. Subject to the termination provisions contained In t Is Agreement. theterm of this Agreement shall be one (1) year from th, effe Iv. date of thisAgreement and shall continue In effect for consecutive on (1) month termsuntil either Party gives the other Party at least ninety (90) lendar day. writtennotice of termination. which termination shall be effective t the end of thethen-current term. In the event notice Is given le8S than 9 calendar days priorto the end of the current term. this Agreement shall remain In effect for 90
calendar days after such notice Is received, provided, that n no case shall theterm be extended beyond 90 calendar days after the end 0
the current term.
. Except In the case of ter inatlon 88 a resultof either Party s default or a termination upon sale, fQr se oe arrangementsmade available under this Agreement and existing at the tl 8 of terminationthose arrangements may continue without Interruption (8) nder a newagreement voluntarily executed by the Parties; (b) standar terms andconditions approved and made generally effective by the C mmlsslon. If any;
(c) tariff terms and conditions made generally available to II local providers; or(d) any rights under the Act.
. Either Party may terminate this greement In whole
or In part In the event of a default by the other Party; prov~ however thatthe non~defaultlng Party notifies the defaulting party In writ! g of the allegeddefault and that the defaulting Party does not cure the aile ed default withinsixty (60) calendar days of receipt of written notice thereof. Default Is defined
to include:
(a) A Party s Insolvency or the Initiation of bankruptcy or r celvershlpproceedings b~ or against the Party; or
(b) A Party's refusal Or failure In any material respect proRerly to perform Its
obligations under this Agreement. or the violation any f the materialterms or conditions of this Agreement.
111-103087"'"
OCT 30 '97 12:46 PAGE. 08
2.4
NEWVID.G2A
Termination Upon Sale. Notwithstanding anything to the contrary contained
herein , a Party may terminate this Agreement as to a specific operating area or
portion thereof of such Party if such Party sells or otherwise transfers the area
or portion thereof. The Party shall provide the other Party with at least ninety
(90) calendar days' prior written notice of such termination , which shall be
effective on the date specified in the notice. Notwithstanding termination of
this Agreement as to a specific operating area , this Agreement shall remain in
full force and effect in the remaining operating areas.
Liability upon Termination. Termination of this Agreement, or any part hereof
for any cause shall not release either Party from any liability which at the time
of termination had already accrued to the other Party or which thereafter
accrues in any respect to any act or omission occurring prior to the termination
or from an obligation which is expressly stated in this Agreement to survive
termination.
Amendments. Any amendment, modification, or supplement to this Agreement
must be in writing and signed by an authorized representative of each Party.
The term "this Agreement" shall include future amendments, modifications , and
supplements.
Assianment.Any assignment by either Party of any right, obligation , or duty, in
whole or in part, or of any interest, without the written consent of the other
Party shall be void, except that either Party may assign all of its rights, and
delegate its obligations, liabilities and duties under this Agreement, either in
whole or in part, to any entity that is, or that was immediately preceding such
assignment, a Subsidiary or Affiliate of that Party without consent, but with
written notification. The effectiveness of an assignment shall be conditioned
upon the assignee s written assumption of the rights, obligations , and duties of
the assigning Party. GTE consents to the assignment of this Agreement to
AirTouch Communications , Inc., provided that AirTouch assumes the rights
obligations and duties accorded to NewVector under this Agreement, and
provided the assignment is completed within the initial term of this Agreement.
Authority. Each person whose signature appears on this Agreement
represents and warrants that he or she has authority to bind the Party on
whose behalf he or she has executed this Agreement.
Billina and Payment.
Billina.Charges provided for on the Service Attachments shall be billed
monthly. Parties agree to pay all charges specified on the Service
Attachments within thirty (30) calendar days of the bill date as printed on the
111-1027971528
6.4
NEWVID.G2A
face of the bill. Parties shall not bill for services provided pursuant to this
Agreement more than six (6) months prior to the date of the bill unless
notification of a billing problem with respect to such services has been
provided. In those circumstances, back-billing shall be limited to six (6)
months prior to the date Parties were notified of the billing problem. Parties
shall not submit a claim regarding bills more than six (6) months after the bill
date or six (6) months after the date of notification of a billing problem.
Dispute. If Customer disputes a billing statement, Customer shall notify
Provider in writing regarding the nature and the basis of the dispute within sixty
(60) calendar days of the statement date or the dispute shall be waived.
Provider and Customer shall diligently work toward resolution of all billing
issues. Customer may withhold payment of disputed funds to Provider, but
such funds shall be placed in an interest-bearing escrow account, if requested
by Provider, pending resolution of the dispute. The funds, plus accumulated
interest, shall be dispersed to the proper Party or Parties upon resolution of
the dispute.
Late Payment Charae.If any undisputed amount due on the billing statement
is not received by Provider on the payment due date, Provider may charge
and Customer agrees to pay, interest on the past due balance at a rate equal
to the rate set forth in the GTE/Contel state access tariff or the GTOC/GSTC
FCC No.1 tariff referenced in the applicable service attachment. Late
payment charges shall be included on the next statement.
Audits.Either Party may conduct an audit of the other Party s books and
records pertaining to the Services provided under this Agreement, no more
frequently than once per twelve (12) month period , to evaluate the other
Party s accuracy of billing, data and invoicing in accordance with this
Agreement. Any audit shall be performed as follows: (I) following at least
ninety (90) Business Days' prior written notice to the audited Party; (ii) subject
to the reasonable scheduling requirements and limitations of the audited Party:
(iii) at the auditing Party s sole cost and expense; (iv) of a reasonable scope
and duration; (v) in a manner so as not to interfere with the audited Party
business operations; and (vi) in compliance with the audited Party s security
rules.
Bindina Effect.This Agreement shall be binding on and inure to the benefit of
the respective successors and permitted assigns of the Parties.
Compliance with Laws and Reaulations. Each Party shall comply with all
federal, state , and local statutes , regulations, rules, ordinances, judicial
111-1027971528
NEWVID.G2A
decisions, and administrative rulings applicable to its performance under this
Agreement.
Confidential Information.
Identification. Either Party may disclose to the other proprietary or confidential
customer, technical, or business information in written, graphic, oral or other
tangible or intangible forms ("Confidential Information ). In order for
information to be considered Confidential Information under this Agreement, it
must be marked "Confidential" or "Proprietary," or bear a marking of similar
import. Orally or visually disclosed information shall be deemed Confidential
Information only if contemporaneously identified as such and reduced to
writing and delivered to the other Party with a statement or marking of
confidentiality within thirty (30) calendar days after oral or visual disclosure.
Notwithstanding the foregoing, all orders for Services placed by NewVector
pursuant to this Agreement, and information that would constitute customer
proprietary network information of NewVector end user customers pursuant to
the Act and the rules and regulations of the FCC, as well as recorded usage
information with respect to NewVector end users, whether disclosed by
NewVector to GTE or otherwise acquired by GTE in the course of its
performance under this Agreement, and where GTE is the NANP Number Plan
Administrator, NewVector information submitted to GTE in connection with
such responsibilities shall be deemed Confidential Information of NewVector
for all purposes under this Agreement whether or not specifically marked or
designated as confidential or proprietary.
Handlina. In order to protect such Confidential Information from improper
disclosure, each Party agrees:
(a) That all Confidential Information shall be and shall remain the exclusive
property of the source;
(b) To limit access to such Confidential Information to authorized employees
who have a need to know the Confidential Information for performance of
this Agreement;
(c) To keep such Confidential Information confidential and to use the same
level of care to prevent disclosure or unauthorized use of the received
Confidential Information as it exercises in protecting its own Confidential
Information of a similar nature;
111-4 1027971528
9.4
10.
11.
12.
NEWVID.G2A
(d) Not to copy, publish, or disclose such Confidential Information to others or
authorize anyone else to copy, publish, or disclose such Confidential
Information to others without the prior written approval of the source;
(e) To return promptly any copies of such Confidential Information to the
source at its request; and
(f)To use such Confidential Information only for purposes of fulfilling work or
services performed hereunder and for other purposes only upon such
terms as may be agreed upon between the Parties in writing.
Exceptions. These obligations shall not apply to any Confidential Information
that was legally in the recipient's possession prior to receipt from the source
was received in good faith from a third party not subject to a confidential
obligation to the source, now is or later becomes publicly known through no
breach of confidential obligation by the recipient, was developed by the
recipient without the developing persons having access to any of the
Confidential Information received in confidence from the source, or that is
required to be disclosed pursuant to subpoena or other process issued by a
court or administrative agency having appropriate jurisdiction , provided
however, that the recipient shall give prior notice to the source and shall
reasonably cooperate if the source deems it necessary to seek protective
arrangements.
Survival.The obligation of confidentiality and use with respect to Confidential
Information disclosed by one Party to the other shall survive any termination of
this Agreement for a period of three (3) years from the date of the initial
disclosure of the Confidential Information.
Consent.Where consent, approval, or mutual agreement is required of a
Party, it shall not be unreasonably withheld or delayed.
Cooperation on Fraud Minimization. Each Party assumes responsibility for all
fraud associated with its end user customers and accounts. Neither Party shall
have responsibility for, nor is it required to investigate or make adjustments to
the other Party s account in cases of fraud. The Parties agree that they shall
cooperate with one another to resolve cases of fraud. The Parties' fraud
minimization procedures are to be cost effective and implemented so as not to
unduly burden or harm one Party as compared to the other.
Dispute Resolution
111-1027971528
12.
12.
12.
NEWVID.G2A
Alternative to Litiaation. Except as provided under Section 252 of the Act with
respect to the approval of this Agreement by the Commission, the Parties
desire to resolve disputes arising out of or relating to this Agreement without
litigation. Accordingly, except for action seeking a temporary restraining order
or an injunction related to the purposes of this Agreement, or suit to compel
compliance with this dispute resolution process, the Parties agree to use the
following alternative dispute resolution procedures as their sole remedy with
respect to any controversy or claim arising out of or relating to this Agreement
or its breach.
Neaotiations. At the written request of a Party, each Party will appoint a
knowledgeable, responsible representative to meet and negotiate in good faith
to resolve any dispute arising out of or relating to this Agreement. The Parties
intend that these negotiations be conducted by non-lawyer, business
representatives. The location, format, frequency, duration , and conclusion of
these discussions shall be left to the discretion of the representatives. Upon
agreement, the representatives may utilize other alternative dispute resolution
procedures such as mediation to assist in the negotiations. Discussions and
correspondence among the representatives for purposes of these negotiations
shall be treated as confidential information developed for purposes of
settlement, exempt from discovery, and shall not be admissible in the
arbitration described below or in any lawsuit without the concurrence of all
Parties. Documents identified in or provided with such communications, which
are not prepared for purposes of the negotiations, are not so exempted and
may, if otherwise discoverable, be discovered or otherwise admissible, be
admitted in evidence, in the arbitration or lawsuit.
Arbitration.If the negotiations do not resolve the dispute within sixty (60)
Business Days of the initial written request, the dispute shall be submitted to
binding arbitration by a single arbitrator pursuant to the Commercial Arbitration
Rules of the American Arbitration Association except that the Parties may
select an arbitrator outside American Arbitration Association rules upon mutual
agreement. A Party may demand such arbitration in accordance with the
procedures set out in those rules. Discovery shall be controlled by the
arbitrator and shall be permitted to the extent set out in this section. Each
Party may submit in writing to a Party, and that Party shall so respond to, a
maximum of any combination of thirty-five (35) (none of which may have
subparts) of the following: interrogatories, demands to produce documents, or
requests for admission. Each Party is also entitled to take the oral deposition
of one individual of another Party. Additional discovery may be permitted upon
mutual agreement of the Parties. The arbitration hearing shall be commenced
within sixty (60) Business Days of the demand for arbitration. The arbitration
shall be held in a location mutually agreed upon by the Parties or in the State
111-6 1027971528
12.4
12.
12.
13.
14.
15.
NEWVID.G2A
capital. The arbitrator shall control the scheduling so as to process the matter
expeditiously. The Parties may submit written briefs. The arbitrator shall rule
on the dispute by issuing a written opinion within thirty (30) Business Days
after the close of hearings. The times specified in this section may be
extended upon mutual agreement of the Parties or by the arbitrator upon a
showing of good cause. Judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction.
Expedited Arbitration Procedures. If the issue to be resolved through the
negotiations referenced in Section 12.2 directly and materially affects service
to either Party s end user customers, then the period of resolution of the
dispute through negotiations before the dispute is to be submitted to binding
arbitration shall be five (5) Business Days. Once such a service affecting
dispute is submitted to arbitration, the arbitration shall be conducted pursuant
to the expedited procedures rules of the Commercial Arbitration Rules of the
American Arbitration Association (i.e., rules 53 through 57).
Costs. Each Party shall bear its own costs of these procedures. A Party
seeking discovery shall reimburse the responding Party the costs of production
of documents (including search time and reproduction costs). The Parties
shall equally split the fees of the arbitration and the arbitrator.
Continuous Service . The Parties shall continue providing services to each
other during the pendency of any dispute resolution procedure, and the Parties
shall continue to perform their obligations in accordance with this Agreement.
Entire Aareement.This Agreement constitutes the entire agreement of the
Parties pertaining to the subject matter of this Agreement and supersedes all
prior agreements , negotiations, proposals, and representations , whether
written or oral, and all contemporaneous oral agreements, negotiations
proposals, and representations concerning such subject matter. No
representations, understandings, agreements, or warranties, expressed or
implied, have been made or relied upon in the making of this Agreement other
than those specifically set forth herein.
Expenses.Except as specifically set out in this Agreement, each Party shall
be solely responsible for its own expenses involved in all activities related to
the subject of this Agreement.
Force Majeure. In the event performance of this Agreement, or any obligation
hereunder, is either directly or indirectly prevented, restricted, or interfered
with by reason of fire, flood , earthquake or likes acts of God , wars, revolution
civil commotion, explosion, acts of public enemy, embargo, acts of the
111-1027971528
16.
17.
18.
1"9.
20.
NEWVID.G2A
government in its sovereign capacity, labor difficulties, including without
limitation, strikes , slowdowns, picketing, or boycotts, unavailability of
equipment from vendor, changes requested by Customer, or any other
circumstances beyond the reasonable control and without the fault or
negligence of the Party affected, the Party affected , upon giving prompt notice
to the other party, shall be excused from such performance on a day-to-day
basis to the extent of such prevention, restriction, or interference (and the
other Party shall likewise be excused from performance of its obligations on a
day-to-day basis until the delay, restriction or interference has ceased);
provided however that the Party so affected shall use diligent efforts to avoid
or remove such causes of nonperformance and both Parties shall proceed
whenever such causes are removed or cease.
Good Faith Performance.In the performance of their obligations under this
Agreement, the Parties shall act in good faith. In situations in which notice
consent, approval or similar action by a Party is permitted or required by any
provision of this Agreement, such action shall not be unreasonably delayed
withheld or conditioned.
Governina Law.This Agreement shall be governed by and construed in
accordance with the domestic laws of the state where the Services are
provided or the facilities reside and shall be subject to the exclusive jurisdiction
of the courts therein.
GTE Standard Practices. The Parties acknowledge that GTE shall be applying
industry standard practices to various requirements hereunder applicable.
NewVector agrees that GTE may implement such industry standard practices
to satisfy any GTE obligations under this Agreement to which such standard
industry practices apply, provided that where such industry standard practices
are inconsistent with this Agreement or applicable law, the terms of this
Agreement and or applicable law shall apply.
Headinas.The headings in this Agreement are inserted for convenience and
identification only and shall not be considered in the interpretation of this
Agreement.
Independent Contractor Relationship. The persons provided by each Party
shall be solely that Party s employees and shall be under the sole and
exclusive direction and control of that Party. They shall not be considered
employees of the other Party for any purpose. Each Party shall remain an
independent contractor with respect to the other and shall be responsible for
compliance with all laws, rules and regulations involving, but not limited to
employment of labor, hours of labor, health and safety, working conditions and
111-1027971528
21.
21.
21.
21.
22.
22.
NEWVID.G2A
payment of wages. Each Party shall also be responsible for payment of taxes
including federal, state and municipal taxes , chargeable or assessed with
respect to its employees, such as Social Security, unemployment, workers
compensation , disability insurance, and federal and state withholding. Each
Party shall indemnify the other for any loss, damage, liability, claim , demand
or penalty that may be sustained by reason of its failure to comply with this
provision.
Law Enforcement Interface.
Except to the extent not available in connection with GTE's operation of its own
business, GTE shall provide seven day a week/twenty-four hour a day
assistance to law enforcement persons for emergency traps, assistance
involving emergency traces and emergency information retrieval on customer
invoked CLASS services, including, without limitation, call traces requested by
NewVector.
GTE agrees to work jointly with NewVector in security matters to support law
enforcement agency requirements for taps, traces , court orders, etc. Charges
for providing such services for NewVector Customers will be billed to
NewVector.
GTE will , in non emergency situations, inform the requesting law enforcement
agencies that the end-user to be wire tapped , traced, etc. is a NewVector
Customer and shall refer them to NewVector.
Liability and Indemnity
Indemnification . Each Party agrees to release, indemnify, defend, and hold
harmless the other Party from all losses, claims, demands, damages
expenses , suits, or other actions, or any liability whatsoever, including, but not
limited to, costs and attorney s fees, 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 losses, damages, or destruction of
property, whether or not owned by others , proximately caused by the
indemnifying Party s negligence or willful misconduct, regardless of form of
action. The indemnified Party agrees to notify the other Party promptly, in
writing, of any written claims, lawsuits, or demands for which it is claimed that
the indemnifying Party is responsible under this Section and to cooperate in
every reasonable way to facilitate defense or settlement of claims. The
indemnifying Party shall have complete control over defense of the case and
over the terms of any proposed settlement or compromise thereof. The
indemnifying Party shall not be liable under this Section for settlement by the
111-1027971528
22.
22.
22.4
NEWVID.G2A
indemnified Party or any claim, lawsuit, or demand, if the indemnifying Party
has not approved the settlement in advance, unless the indemnifying Party has
had the defense of the claim, lawsuit, or demand tendered to it in writing and
has failed to assume such defense. In the event of such failure to assume
defense, the indemnifying Party shall be liable for any reasonable settlement
made by the indemnified Party without approval of the indemnifying Party.
End User and Content-Related Claims. Each Party agrees to release
indemnify, defend, and hold harmless the other Party, its affiliates, and any
third-party provider or operator of facilities involved in the provision of Services
or Facilities under this Agreement (collectively, the "Indemnified Party ) from
all losses, claims, demands , damages, expenses, suits, or other actions, or
any liability whatsoever, including, but not limited to, costs and attorney s fees
suffered, made, instituted , or asserted by either Party s end users against an
Indemnified Party arising from Services or Facilities provided under this
Agreement. Each Party further agrees to release , indemnify, defend , and hold
harmless the Indemnified Party from all losses, claims, demands, damages
expenses, suits, or other actions, or any liability whatsoever, including, but not
limited to, costs and attorney s fees, suffered, made, instituted, or asserted by
any third party against an Indemnified Party arising from or in any way related
to actual or alleged defamation, libel, slander, interference with or
misappropriation of proprietary or creative right, or any other injury to any
person or property arising out of content transmitted by the Indemnified Party
or such Party s end users, or any other act or omission of the Indemnified Party
or such Party s end users.
DISCLAIMER.EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY
IN THIS AGREEMENT, PROVIDER MAKES NO REPRESENTATIONS OR
WARRANTIES TO CUSTOMER CONCERNING THE SPECIFIC QUALITY OF
ANY SERVICES OR FACILITIES PROVIDED UNDER THIS AGREEMENT.
PROVIDER DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OR
GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE , ARISING FROM COURSE OF PERFORMANCE, COURSE OF
DEALING, OR FROM USAGES OF TRADE.
Limitation of Liability.Provider s liability, whether in contract, tort or otherwise
shall be limited to direct damages, which shall not exceed the pro rata portion
of the monthly charges for the Services or facilities for the time period during
which the Services or facilities provided pursuant to this Agreement are
inoperative , not to exceed in total Provider s monthly charge to Customer.
Under no circumstance shall Provider be responsible or liable for indirect
incidental , or consequential damages, including, but not limited to, economic
loss or lost business or profits, damages arising from the use or performance
111-1 0 1027971528
22.
23.
24.
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NEWVID.G2A
of equipment or software, or the loss of use of software or equipment, or
accessories attached thereto, delay, error, or loss of data. In connection with
this limitation of liability, the Parties recognize that Provider may, from time to
time, provide advice, make recommendations, or supply other analysis related
to the Services or facilities described in this Agreement, and , while Provider
shall use diligent efforts in this regard, Customer acknowledges and agrees
that this limitation of liability shall apply to provision of such advice
recommendations , and analysis.
Intellectual Property. Neither Party shall have any obligation to defend
indemnify or hold harmless, or acquire any license or right for the benefit of, or
owe any other obligation or have any liability to, the other based on or arising
from any claim, demand, or proceeding by any third party alleging or asserting
that the use of any circuit, apparatus, or system, or the use of any software , or
the performance of any service or method, or the provision or use of any
facilities by either Party under this Agreement constitutes direct or contributory
infringement, or misuse or misappropriation of any patent, copyright
trademark, trade secret, or any other proprietary or intellectual property right of
any third party.
Multiple Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original , but all of which shall
together constitute but one and the same document.
No Offer. This Agreement will be effective only upon execution and delivery by
both Parties and approval by the Commission in accordance with Section 252
of the Act.
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 right or privilege.
Notices.Any notice to a Party required or permitted under this Agreement
shall be in writing and shall be deemed to have been received on the date of
service if served personally, on the date receipt is acknowledged in writing by
the recipient if delivered by regular U.S. mail, or on the date stated on the
receipt if delivered by certified or registered mail or by a courier service that
obtains a written receipt. Upon prior immediate oral agreement of the parties
designated recipients identified below, notice may also be provided by
facsimile which shall be effective if sent before 5:00 p.m. on that day, or if sent
after 5:00 p.m. it will be effective on the next Business Day following the date
sent. Any notice shall be delivered using one of the alternatives mentioned in
111-1027971528
r" 1.11'1 I ~."\~. 1':1':1 ( 1::1: ::I~P. 'jJ
this sect/on and shall be directed to the applicable
.ddres indicated below orsuch address 8S the Party to be notified has designated b
giving notice InCOmpllanC9 with this section:
If to GTE: GTE Northwest Incorporated
Attention: Mr. Steven Zipperstein
AVP & Associate Counsel
Mall Code CA500LB
One GTE Place
Thousand Oaks, CA 91362Facsimile No. 805-373-7515
Copy to:Director - Carrier Markets
Mall Code CA500CM
GTE Telephone Operations
One GTE Place
Thousand Oaks, CA 91362
U S WEST NewVector Group
Mr. Joseph O'Neil
Vice President - Carrier and Gove
USWeST NewVector Group, Inc.
3350 161st Avenue S.
Bellevue, WA 98008-1329
Facsimile No. 425-603-2901
mint Relations
If to NewVector:
Copy to:U S WEST New Vector Group
Mr. Donald Mukai
Senior Attorney
legal Department - MS 824
3460 161st Avenue S.
Bellevu&, WA 98008-1329
NEWVIO.O2A 1/1.12
10308'11448
I ,
. "..
OCT 30 '97 12: ocr..r= 1/10
27.
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NEWVID.G2A
Protection.
Impairment of Service. 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 pursuant to this Agreement shall not
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
cause damage to their plant, violate any applicable law or regulation regarding
the invasion of privacy of any communications carried over the Party s facilities
or create hazards to the employees of either Party or to the public (each
hereinafter referred to as an "Impairment of Service
Resolution . If either Party causes an Impairment in Service, the Party whose
network or service is being impaired (the "Impaired Party ) shall promptly notify
the Party causing the Impairment of Service (the "Impairing Party ) of the
nature and location of the problem and 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, then
the Impaired Party may at its option temporarily discontinue the use of the
affected circuit, facility or equipment.
Publicity.Any news release , public announcement, advertising, or any form of
publicity pertaining to the rates, terms and conditions of this Agreement shall
be subject to NewVector and GTE's prior written approval.
Reaulatorv Aaency Control.This Agreement shall at all times be subject to
changes, modifications , orders, and rulings by the Federal Communications
Commission and/or the applicable state utility regulatory commission to the
extent the substance of this Agreement is or becomes subject to the jurisdiction
of such agency.
Chanaes in Leaal Requirements.GTE and NewVector further agree that the
terms and conditions of this Agreement were composed in order to effectuate
the legal requirements in effect at the time the Agreement was produced. Any
modifications to those requirements will be deemed to automatically supersede
any terms and conditions of this Agreement, provided however that the Parties
shall agree upon the precise language of such modifications to the Agreement.
Effective Date. If this Agreement or changes or modifications thereto are
subject to approval of a regulatory agency, the "effective date" of this
Agreement for such purposes will be the day following written notice of such
111-1027971528
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33.
34.
35.
35.
36.
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NEWVID.G2A
approval. Such date shall become the "effective date" of this Agreement for all
purposes.
Reaulatorv Matters. Each Party shall be responsible for obtaining and keeping
in effect all their own FCC , state regulatory commission, franchise authority
and other regulatory approvals that may be required in connection with the
performance of its obligations under this Agreement. NewVector shall
reasonably cooperate with GTE in obtaining and maintaining any required
approvals for which GTE is responsible, and GTE shall reasonably cooperate
with NewVector in obtaining and maintaining any required approvals for which
NewVector is responsible.
Rule of Construction.No rule of construction requiring interpretation against
the drafting party hereof shall apply in the interpretation of this Agreement.
Section References.Except as otherwise specified, references within an
Article of this Agreement to a Section refer to Sections within that same Article.
Service Standards.
GTE shall meet applicable quality of local service standards imposed by the
Commission and will provide a level of services to NewVector under this
Agreement in compliance with the nondiscrimination requirements of the Act.
Severability. If any provision of this Agreement is held by a court or regulatory
agency of competent jurisdiction to be unenforceable, the rest of the
Agreement shall remain in full force and effect and shall not be affected unless
removal of that provision results, in the opinion of either Party, in a material
change to this Agreement. If a material change as described in this paragraph
occurs as a result of action by a court or regulatory agency, the Parties shall
negotiate in good faith for replacement language. If replacement language
cannot be agreed upon within a reasonable period, either Party may terminate
this Agreement without penalty or liability for such termination upon written
notice to the other Party.
Subcontractors. Provider may enter into subcontracts with third parties or
affiliates for the performance of any of Provider s duties or obligations under
this Agreement.
Subsequent Law. The terms and conditions of this Agreement shall be subject
to any and all applicable laws, rules, or regulations that subsequently may be
prescribed by any federal , state or local governmental authority. To the extent
required by any such subsequently prescribed law, rule, or regulation, the
111-1027971528
39.
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NEWVID.G2A
Parties agree to modify, in writing, the affected term(s) and condition(s) of this
Agreement to bring them into compliance with such law, rule, or regulation
provided however that the Parties shall agree upon the precise language of
such modifications to the Agreement.
Taxes. Any state or local excise, sales, or use taxes (excluding any taxes
levied on net income) resulting from the performance of this Agreement shall
be borne by the Party upon which the obligation for payment is imposed under
applicable law, even if the obligation to collect and remit such taxes is placed
upon the other Party. The collecting Party shall charge and collect from the
obligated Party, and the obligated Party agrees to pay to the collecting Party,
all applicable taxes, except to the extent that the obligated Party notifies the
collecting Party and provides to the collecting Party appropriate documentation
that qualifies the obligated Party for a full or partial exemption. Any such taxes
shall be shown as separate items on applicable billing documents between the
Parties. The obligated Party may contest the same in good faith, at its own
expense, and shall be entitled to the benefit of any refund or recovery,
provided that such Party shall not permit any lien to exist on any asset of the
other Party by reason of the contest. The collecting Party shall cooperate in
any such contest by the other Party.
Tax - A charge which is statutorily imposed by the state or local jurisdiction and
is either (a) imposed on the seller with the seller having the right or
responsibility to pass the charge(s) on to the purchaser and the seller is
responsible for remitting the chargee s) to the state or local jurisdiction or
(b) imposed on the purchaser with the seller having an obligation to collect the
charge(s) from the purchaser and remit the charge(s) to the state or local
jurisdiction.
Taxes shall include but not be limited to: federal excise tax, statellocal sales
and use tax, state/local utility user tax, statellocal telecommunication excise
tax, state/local gross receipts tax, and local school taxes. Taxes shall not
include income, income-like, gross receipts on the revenue of a provider, or
property taxes. Taxes shall not include payroll withholding taxes unless
specifically required by statute or ordinance.
Fees/Regulatory Surcharges - A charge imposed by a regulatory authority,
other agency, or resulting from a contractual obligation, in which the seller is
responsible or required to collect the fee/surcharge from the purchaser and the
seller is responsible for remitting the charge to the regulatory authority, other
agency, or contracting party.
111-1027971528
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41.
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NEWVID.G2A
Fees/Regulatory Surcharges shall include but not be limited to E911/911
E311/311 , franchise fees, Lifeline, hearing impaired, Commission surcharges
and contributions to Federal and/or State Universal Service Funds.
Trademarks and Trade Names.Except as specifically set out in this
Agreement, nothing in this Agreement shall grant, suggest, or imply any
authority for one Party to use the name, trademarks, service marks, or trade
names of the other for any purpose whatsoever.
Waiver.The failure of either Party to insist upon the performance of any
provision of this Agreement, or to exercise any right or privilege granted to it
under this Agreement, shall not be construed as a waiver of such provision or
any provisions of this Agreement, and the same shall continue in full force and
effect.
Responsibility for Environmental Contamination
The Parties agree to comply with all applicable federal , state and local
environmental and safety laws and regulations. Neither Party shall be liable to
the other for any costs whatsoever resulting from the presence or release of
any environmental hazard that either 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.
Both Parties will comply, when working at the other Party s Facility, with
reasonable security, fire safety, and environmental practices developed by the
other Party, even when such practices exceed the requirements of applicable
laws and regulations, providing such practices have been reviewed and
agreed to between the Parties.
When Third Party Contamination , such as petroleum contaminate water
sewage or utility hole sediment is discovered at a Party s facility, and must be
remediated, the Party requiring access to the facility will be designated as the
generator of the waste material.
The Parties shall coordinate plans or information required to be submitted to
government agencies, such as emergency response plans and community
111-1027971528
reporting. If fees are associated with filing, the Parties will develop a cost-
sharing procedure.
NEWVID.G2A 111-1027971528
ARTICLE IV
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC
Services Covered by This Article
Types of Services. This Article governs the provision of internetwork facilities
(Le., physical interconnection services and facilities), meet point billing by GTE
to NewVector or by NewVector to GTE and the transport and termination of
Local Traffic between GTE and NewVector. The services and facilities
described in this Article shall be referred to in this Article IV as the "Services.
Service Locations for Interconnection Services and Facilities Appendix A
Service Matrix, attached to this Agreement and made a part hereof, sets forth
the Services and each location in the State where a Service shall be provided
(the "Service Locations ) and the Interconnection Point (n iP") for such
Services. The Parties shall update Appendix A (including the accompanying
Service Attachment - Appendix B) whenever a new Service or a new Service
Location is added to this Agreement in accordance with Section 1.
Additional Services or Service Locations. If, during the term of this Agreement
GTE desires to provide to NewVector and NewVector desires to purchase from
GTE, or NewVector desires to provide to GTE and GTE desires to purchase
from NewVector, additional services in the State, or existing Services in new
locations in the State GTE shall complete a new Appendix A Service Matrix
and Appendix B Service Attachment(s) and provide to NewVector. The
Appendix A shall be signed by GTE's authorized Account Manager and an
authorized representative of NewVector, applied to this agreement, and
thereby made wholly a part of and subject to this Agreement. Upon the date
indicated on the Service Attachment accompanying the Service Matrix and
continuing through the remaining term of this Agreement, the new Services
shall be deemed part of the Services provided pursuant to this Article and/or
the new locations shall be deemed part of the Service Locations.
Billina and Rates
Rates and Charaes Customer agrees to pay to Provider the rates and
charges for the Services set forth in the applicable appendices to this
Agreement. Rates and charges are set forth in Appendix C attached to this
Agreement and made a part hereof.
Billina . Provider shall render to Customer a bill for interconnection services on
a current basis. Charges for physical facilities and other non usage sensitive
NEWVID.G2A IV-1027971528
NEWVID.G2A
charges shall be billed in advance, except for charges and credits associated
with the initial or final bills. Usage sensitive charges, such as charges for
termination of Local Traffic, shall be billed in arrears. Until such time as the
Parties implement combined (single) trunk groups pursuant to Section 4.3.4 of
this Article, charges for traffic that has been, for whatever reason, routed over
a jurisdictionally inappropriate trunk group (e.local traffic carried over trunks
used for Switched Access Traffic) shall reflect the appropriate compensation
arrangement for the appropriate jurisdiction and shall be handled as a post-
billing adjustment to bills rendered.
Transport and Termination of Traffic
Types of Traffic. The Parties shall reciprocally terminate Local Traffic
originating on each other s networks utilizing either direct or indirect network
interconnections as provided in this Article IV. To this end, the Parties agree
that there will be interoperability between their networks. Only traffic originated
by the Parties' end user customers is to be exchanged. This agreement is
limited to traffic of GTE end user customers for which GTE has tariff authority
to carry. This agreement is limited to traffic of NewVector end user customers
to which NewVector provides service on a two-way wireless , mobile basis.
This agreement does not include traffic of NewVector end user customers to
which NewVector may provide service on a fixed or landline basis. The Parties
also agree to exchange traffic associated with Third-Party local providers if an
agreement has been made between the originating carrier and both the
transiting company and the terminating company. In addition, the Parties will
notify each other of any anticipated change in traffic distribution.
Compensation For Exchanae Of Traffic. The Parties shall compensate each
other for the exchange of Local Traffic in accordance with Appendix C attached
to this Agreement and made a part hereof. Charges for the transport and
termination of non-local traffic shall be in accordance with the Parties
respective intrastate or interstate access tariffs, as appropriate.
Tandem Switchina Services (Transitina)GTE will provide tandem switching
for traffic between the Parties' end offices subtending or interconnected with
the GTE access tandem , as well as for traffic between NewVector s end users
and any Third Party which is interconnected to the GTE access tandems as
follows:
NewVector will compensate GTE for each minute of NewVector
originated tandem switched traffic which terminates to third party
(e., other CLEC, ILEC , or wireless service provider). The
applicable rate for this charge is identified in Appendix C
IV-1027971528
NEWVID.G2A
NewVector also assumes responsibility for compensation to the
company which terminates the call originated by NewVector.
Services Provided . Tandem switching services provided pursuant to
this Section 3.3 shall include the following:
(a)
(b)
signaling;
screening and routing;
(c)
(d)
recording;
support of all trunk interconnections, and;
(e)transit of traffic to and from third parties in accordance with
the terms and conditions of this section.
3.4 Toll Provider Arranaements.Where GTE has an obligation to
another LEC for compensation related to intraLATA toll traffic to and
from that other LEC , traffic between NewVector and that other LEC
will be treated as local traffic between NewVector and GTE unless
there has been established another agreement between NewVector
and that other LEC for compensation related to this traffic.
Direct Network Interconnection.
Network Interconnection Architecture. NewVector may interconnect with GTE
at any of the minimum technically feasible points required by the FCC.
Interconnection at additional points will be reviewed on an individual case
basis. Where the Parties mutually agree following a bona fide request to
directly interconnect their respective networks, interconnection will be as
specified in the following subsections. The "IPs" shall be set forth in Appendix
attached to this Agreement and made a part hereof. Based on the
configuration, the installation timeline will vary considerably, however, GTE will
work with NewVector in all circumstances to install "IPs" within 120 calendar
days absent extenuating circumstances. Internetwork connection and protocol
must be based on industry standards developed consistent with Section 256 of
the Telecommunications Act of 1996.
Subject to mutual agreement, the Parties may use the following
types of network facility interconnection , using such interface media
as are (I) appropriate to support the type of interconnection
IV-1027971528
requested and (ii) available at the facility at which interconnection is
requested. For each "IP" set forth in Appendix A, the Parties shall
specify the type of interconnection used at that "IP.
(a)
(b)
(c)
A Mid-Span Fiber Meet within an existing GTE exchange
area whereby the Parties mutually agree to jointly plan and
engineer their facility "IP" at a designated manhole or
junction location. The "IP" is the demarcation between
ownership of the fiber transmission facility. Each party is
individually responsible for its incurred costs in
establishing this arrangement.
A Virtual EIS or physical collocation arrangement at a GTE
wire center subject to the rates, terms, and conditions
contained in GTE's applicable tariffs.
A special access arrangement terminating at a GTE wire
center subject to the rates, terms, and conditions
contained in GTE's applicable tariffs. These facilities will
meet the standards set forth in such tariffs.
Virtual EIS and physical collocation arrangements are governed by
appropriate GTE tariffs. GTE is responsible to ensure that these
tariffs comply with relevant FCC rules.
The Parties will mutually designate at least one POI on GTE'
network within each GTE local calling area for the routing of Local
Traffic. Recording and billing of traffic routed over these facilities
shall be as provided in Section 3 of this Article.
Compensation . The Parties agree to the following compensation for
internetwork facilities, depending on facility type.
NEWVID.G2A
Mid-Span Fiber Meet: GTE will charge special access (flat rated)
transport from the applicable intrastate access tariff and will rate
charges between the "IP" and GTE's interconnection switch.
Charges will be reduced to reflect the proportionate share of the
facility that is used for transport of traffic originated by GTE.
NewVector will charge flat rated transport to GTE for NewVector
facilities used by GTE. NewVector will charge flat rated transport to
GTE at rates no higher than rates charged by GTE to NewVector.
NewVector will apply charges based on the lesser of; (I) the airline
IV-4 1027971528
NEWVID.G2A
mileage from the "IP" to the NewVector switch; or (ii) the airline
mileage from the GTE switch to the serving area boundary.
Collocation: GTE will charge Virtual EIS or Physical collocation
rates from the applicable GTE tariff. NewVector will charge GTE flat
rated transport to reflect the proportionate share of the facility that is
used for transport of traffic originated by GTE. NewVector will
charge flat rated transport to GTE at rates no higher than rates
charged by GTE to NewVector. NewVector will apply charges based
on the lesser of; (I) the airline mileage from the "IP" to the
NewVector switch; or (ii) two (2) times the airline mileage from the
GTE switch to the serving area boundary.
Special Access: GTE will charge special access rates from the
applicable GTE intrastate access tariff. Charges will be reduced to
reflect the proportionate share of the facility that is used for transport
of traffic originated by GTE.
Trunkina Requirements
3.4
The Parties agree to establish trunk groups of sufficient capacity
from the interconnecting facilities such that trunking is available to
any switching center designated by either Party, including end
offices, tandems, 911 routing switches, and directory assistance!
operator service switches. The Parties will mutually agree where
one-way or two-way trunking will be available.
NewVector shall make available to GTE trunks over which GTE shall
terminate to end users of NewVector Local Traffic and intraLATA toll
or optional EAS traffic originated from end users of GTE-provided
Exchange Service.
GTE shall make available to NewVector trunks over which
NewVector shall terminate to end users of GTE Local Traffic and
intraLA T A toll or optional EAS traffic originated from end users of
NewVector-provided service.
NewVector and GTE shall, where applicable, make reciprocally
available, by mutual agreement, the required trunk groups to handle
different traffic types. NewVector and GTE will support the
provisioning of trunk groups that carry combined or separate Local
Traffic and intraLATA toll and optional EAS traffic. GTE requires
IV-1027971528
4.4
NEWVID.G2A
separate trunk groups from NewVector to provide Switched Access
Service to IXCs.
3.4.Each Party agrees to route traffic only over the proper
jurisdictional trunk group.
3.4.Each Party shall only deliver traffic over the local
interconnection trunk groups to the other Party s switch or
when delivered to GTE, for those publicly-dialable NXX
Codes served by end offices that directly subtend the GTE
access tandem or to those other local providers that
directly subtend the access tandem.
3.4.Neither party shall route Switched Access Service traffic
over local interconnection trunks, or local traffic over
Switched Access Service trunks.
NewVector will provide PLU factors on a quarterly basis to identify
the proper jurisdiction (local or non-local) of each call type that is
carried over the local interconnection trunks. If these percentages
are not received quarterly, the Parties shall use the last previous
reported percentages. The PLU factor is identified on Appendix C
Reciprocal traffic exchange arrangement trunk connections shall be
made at a DS-1 or multiple DS-1 level or DS-3 (SONET where
technically available) and shall be jointly-engineered to an objective
01 grade of service.
NewVector and GTE agree to use diligent efforts to develop and
agree on a Joint Interconnection Grooming Plan prescribing
standards to ensure that the reciprocal traffic exchange arrangement
trunk groups are maintained at consistent P.01 or better grades of
service. Such plan shall also include mutually-agreed upon default
standards for the configuration of all segregated trunk groups.
Signaling System 7 (SS7) Common Channel Signaling will be used
to the extent that such technology is available.
Network Redesians Initiated by GTE.GTE will not charge NewVector when
GTE initiates its own network redesigns/reconfigurations.
Callina Scopes.Where interconnection is made at a GTE access tandem, this
Agreement allows NewVector to originate traffic to and receive traffic from only
IV-6 1027971528
I"/(UI'1
NEWVlD.G2A
10.30.1~~7 15:4~P. 7
those GTE end user customers served by end offices subt ndlng that accesstandem. Where Interconnection Is made at a GTE end off
o this agreementallows NewVector to originate traffic to and receive traffic om only thole enduser customers served by that end office.
. Either Party may dellver~rafflc destined toterminate at the other Party s end office via another local Provider's tandemprovided that the Parties haye established compensation greement(s) specificto this arrangement. Neither Party 8hall deliver traffic dest ned to terminate atthe other Party's end office Yla another local provide)". en
office. In addition,neither Party shall deliver traffic destined to terminate at a end officesubtending the other Party s access tandem via another 10 I provider's acce8standem.
. Nothing In this Agreement ahalll be construed to. In
any manner, limit or otherwise adversely Impact NewVecto~s right to employ orto request and be assigned any NANP number resOLlr'Ce1 I eluding, but notlimited to. Central Office (NXX) Codes pursuant to the Can ral Office Code
Assignment Guidelines. Any request for numbering f'80U~ 8 by NewVectorshall be made directly to the NANP Number Plan Admlnlstr
tor. Except withrespect to those areas In which GTE Is the NANP Number l..lan AdministratorGTE shall not be responsible for the requesting or asslgnm
r,nt of numberresources to NewVector. The Parties agree that disputes rising fromnumbering assignment shall be arbitrated by the NANP Nu bar PlanAdministrator. NewVector shall not request number tesour . s to be assignedto any GTE switching entity.
ks 0 sl . This arrangement Is p ,ovlded only to
CMRS carriers. NewVector may elect to associate 8 GTE ~nd officeInterconnection with telephone number groups from the 881e GTE end officeat which the Interconnection Is established. Blocks of 1 00 ~rumb8r8 will be
provided by GTE to NewVector as available from the NXX de8 of that GTEend office. GTE will charge and NewVeetor agrees to pay t GTE the chargeper block of 100 numbers as Indicated on
and t e applicableService Attachment. This Interconnection arrangement ma be established asa one.way trunk only used to carry traffic terminating to en~ user customers of
NewVector. Where technically feasible. thl81nterconnectiorn arrangement mayalso be established on a two-way basis for use by NeWVect r to access anyancillary services that may be provided by GTE. Any use 0 thisInterconnection arrangement other than that specified In thl section Is outsidethe scope of this Agreement and such usage is subject to
arges associated
IV-
OCT 30 '97 12:46
1030&71M&
PAGE. 07
6.4
NEWVID.G2A
with the services used by NewVector. SS7 signaling is not available with this
GTE end office interconnection arrangement. NewVector is solely responsible
for the cost of the interconnection facilities. The sole compensation for traffic
terminating to NewVector over this interconnection arrangement will be paid by
GTE at the rate indicated on Appendix C
Rate Centers.For purposes of enabling GTE to appropriately apply its toll
tariff to its end user customers, the Parties will utilize Rate Centers published
in the LERG for all NPA-NXX codes.
Routina Points. NewVector will also designate a Routing Point for each
assigned NXX code. NewVector may designate one location within each Rate
Center as a Routing Point for the NPA-NXX associated with that Rate Center;
alternatively NewVector may designate a single location within one Rate
Center to serve as the Routing Point for all the NPA-NXXs associated with that
Rate Center and with one or more other Rate Centers served by NewVector
within an existing GTE exchange area and LATA. NewVector shall use diligent
efforts to designate at least one Routing Point in GTE's exchange area for all
NPA-NXXs associated with GTE's Rate Centers.
Code and Numbers Administration. The Parties will comply with code
administration requirements as prescribed by the FCC, the Commission, and
accepted industry guidelines. Where GTE is the NANP Number Plan
Administrator, GTE will administer number resources, and charge for such
administration in accord with applicable rules and regulations. GTE will
administer numbering resources in a competitively neutral manner, and
process requests for NXX codes in a timely manner and in accord with industry
standards. The Parties shall protect NewVector proprietary information that
may be submitted to GTE in connection with GTE's responsibilities as NANP
Number Plan Administrator in accordance with Article III , Section 9 of this
Agreement.
Proarammina Switches. It shall be the responsibility of each Party to program
and update its own switches and network systems pursuant to the Local
Exchange Routing Guide ("LERG") guidelines to recognize and route traffic to
the other Party s assigned NXX codes at all times. Neither Party shall impose
any fees or charges whatsoever on the other Party for such activities.
Meet-Point Billina.
Meet-Point Arranaements
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NEWVID.G2A
1.4
The Parties may mutually establish Meet-Point Billing ("MPB"
arrangements in order to provide Switched Access Services to
Access Service customers via a GTE access tandem in accordance
with the MPB guidelines adopted by and contained in the Ordering
and Billing Forum s MECAB and MECOD documents.
Except in instances of capacity limitations, GTE shall permit and
enable NewVector to sub-tend the GTE access tandem(s) nearest to
the NewVector Rating Point(s) associated with the NPA-NXX(s)
to/from which the Switched Access Services are homed. In
instances of capacity limitation at a given access tandem, NewVector
shall be allowed to subtend the next-nearest GTE access tandem in
which sufficient capacity is available.
Interconnection for the MPB arrangement shall occur at the "IP"
Common Channel Signaling shall be utilized in conjunction with MPB
arrangements to the extent such signaling is resident in the GTE
access tandem switch.
NewVector and GTE will use diligent efforts, individually and
collectively, to maintain provisions in their respective federal and
state access tariffs, and/or provisions within the National Exchange
Carrier Association ("NECA") Tariff No., or any successor tariff
sufficient to reflect this MPB arrangement, including MPB
percentages.
As detailed in the MECAB document, NewVector and GTE will, in a
timely fashion, exchange all information necessary to accurately,
reliably and promptly bill Access Service customers for Switched
Access Services traffic jointly handled by NewVector and GTE via
the meet-point arrangement. Information shall be exchanged in
Electronic Message Record ("EMR") format, on magnetic tape or via
a mutually acceptable electronic file transfer protocol.
NewVector and GTE shall work cooperatively to coordinate
rendering of Meet-Point bills to customers, and shall reciprocally
provide each other usage data and related information at the
appropriate charge.
Compensation
IV-1027971528
NEWVID.G2A
Initially, billing to Access Service customers for the Switched Access
Services jointly provided by NewVector and GTE via the MPB
arrangement shall be according to the multiple-bill method as
described in the MECAB guidelines. This means each Party will bill
the portion of service they provided at their appropriate tariff, or price
list.
Subsequently, NewVector and GTE may mutually agree to
implement one of the following options for billing to third parties for
the Switched Access Services jointly provided by NewVector and
GTE via the MPB arrangement: single-bill/single tariff method
single-bill/multiple tariff method , or to continue the multiple-bill
method. Should NewVector prefer to change among these billing
methods, NewVector shall notify GTE of such a request in writing,
ninety (90) Business Days in advance of the date on which such
change is desired to be implemented, such changes then may be
made in accordance with MECAB guidelines and if GTE mutually
agrees, the change will be made.
Common Channel Sianalina
Service Description.The Parties will provide Common Channel Signaling
CCS") to one another via Signaling System 7 ("SS7") network
interconnection, where and as available, in the manner specified in FCC Order
95-187, in conjunction with all traffic exchange trunk groups. SS7 signaling
and transport services may be provided by GTE pursuant to a separately
negotiated agreement. The Parties will cooperate on the exchange of all
appropriate SS7 messages for local and intraLATA call set-up signaling,
including ISUP and Transaction Capabilities Application Part ("TCAP"
messages to facilitate full interoperability of all CLASS Features and functions
between their respective networks. Any other SS7 message services to be
provided using TCAP messages (such as data base queries) will be jointly
negotiated and agreed upon.
Sianalina Parameters. All SS7 signaling parameters will be provided in
conjunction with traffic exchange trunk groups, where and as available. These
parameters include Automatic Number Identification ("ANI"), Calling Party
Number ("CPN"), Privacy Indicator, calling party category information
originating line information, charge number, etc. Also included are all
parameters relating to network signaling information , such as Carrier
Information Parameter ("CIP"), wherever such information is needed for call
routing or billing. GTE will provide SS7 via GR-394-SS7 and/or GR-317 -SS7
format(s).
IV-1027971528
8.4
10.
11.
12.
NEWVID.G2A
Privacy Indicators. Each Party will honor all privacy indicators as required
under applicable law.
Connection Throuah STP NewVector must arrange for interconnection with
the GTE STP( s) serving the LATA in which the traffic exchange trunk groups
are interconnected. Additionally, all interconnection to GTE's 800/888
database and GTE's LlDB shall , consistent with this section, take place only
through appropriate STP pairs.
Third Party Sianalina Providers.NewVector may choose a third-party SS7
signaling provider to transport messages to and from the GTE SS7 network. In
that event, that third-party provider must present a letter of agency to GTE
prior to the testing of the interconnection, authorizing the third party to act on
behalf of NewVector in transporting SS7 messages to and from GTE. The
third-party provider must interconnect with the GTE STP(s) serving the LATA
in which the traffic exchange trunk groups are interconnected.
Multi-Frequency Sianalina. In the case where CCS is not available, in band
Multi-Frequency ("MF"), wink start, E & M channel associated signaling with
ANI will be provided by the Parties. Network signaling information , such as
CIC/OZZ, will be provided wherever such information is needed for call routing
or billing.
Service Quality and Performance GTE shall provide Services under this
Article to NewVector that are equal in quality to that GTE provides to itself, its
Affiliates or any other entity. "Equal in quality" shall mean that the Service will
meet the same technical criteria and performance standards that GTE uses
within its own network for the same Service at the same location under the
same terms and conditions.
Network Outaaes. The Parties shall work together to establish reciprocal
responsibilities for network outages and reporting. Each party shall be
responsible for network outage as a result of termination of its equipment in
GTE wire center or access tandem. The Parties shall notify each other of
significant outages which could impact or degrade GTE switches and services.
Technical Descriptions and Forecasts GTE and NewVector will periodically
exchange technical descriptions and forecasts of their interconnection and
traffic requirements in sufficient detail to assure traffic completion to and from
all customers within the appropriate calling areas.
Transition and Implementation.The Parties acknowledge that there may be
certain instances in which existing interconnection arrangements between the
IV-1027971528
12.
12.
12.
NEWVID.G2A
Parties' facilities are not in compliance with the technical specifications set
forth in this Agreement.
Any interconnection arrangements between the Parties which are in
compliance with the technical specifications set forth in this Agreement within
forty-five (45) days of the Effective Date shall be deemed to have been in
compliance as of the Effective Date and shall be compensated at the rates set
forth in this Agreement.
Any interconnection arrangements between the Parties which vary from the
technical specifications set forth in this Agreement and are not brought into
compliance as specified in Section 12(a) shall be compensated at the rate
which was in effect immediately before the Effective Date, consistent with
Section 51.717 of the Commission s rules, 47C.R. 951.717, until the date on
which the interconnection arrangements are brought into compliance with the
technical specifications set forth in this Agreement.
Notwithstanding the foregoing, the Parties shall use their best efforts to ensure
that all interconnection arrangements between the Parties comply with the
technical specifications set forth inthis Agreement no later than six months
following the Effective Date.
IV-1027971528
ARTICLE V
ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS
Misdirected Calls.The Parties will employ the following procedures for
handling any misdirected calls (e., Business office, repair bureau, etc.
To the extent the correct provider can be determined , each Party will refer
misdirected calls to the proper provider of local exchange service. When
referring such calls, both Parties agree to provide the end user the correct
contact telephone number, at no charge and in a courteous manner.
In responding to misdirected calls, neither Party shall make disparaging
remarks about each other, nor shall they use these calls as a basis for internal
referrals or to solicit end users or to market services.
911 Arranaements. To provide basic 911 services by connection to GTE's 911
selective router (i.e. 911 tandem), the following terms and conditions will apply.
Description of Service.GTE will provision basic 911 service over an auxiliary
connection. A minimum of two 911 trunks, or that quantity necessary to
provide P.01 Transmission Grade of Service is required. Basic 911 does not
include detailed location information. NewVector will compensate GTE for the
full cost of provisioning the auxiliary connection and a selective router port
charge. Charges for the selective port will be at the rates set forth in GTE
General Exchange Tariff addressing 911 service. Mobile to Land usage
charges are not applicable on the 911 trunks.
Transport. NewVector may obtain transport from GTE for the transport of the
auxiliary connection at the rates set forth in GTE's intrastate switched access
tariff or in GTE's intrastate special access tariff.
Cooperation and Level of Performance. The Parties will work together to
facilitate the prompt, reliable and efficient interconnection of the NewVector
systems to the 911 platform, without degradation to NewVector s existing 911
level of performance and grade of service.
2.4 Enhanced 911 (E911 . When technically feasible , the Parties agree that they
shall make provisions to ensure access by all of NewVector s customers to
E911 , as required by FCC Docket 94-102. The Parties are responsible for
their own network requirements to establish E911 connectivity. A separate
agreement is necessary between the Parties for E911 services to be provided
by GTE.
NEWVID.G2A 1027971528
3.4
NEWVID.G2A
Information Services Traffic. In the event that NewVector provides information
services calling through GTE , the following section 3 terms and conditions
shall apply.
Routina. Each Party shall route traffic for information services (e.g. 900, 976
weather lines , sports lines, etc.) that originates on its network to the
appropriate information services platforms connected to the other Party
network over auxiliary trunks.
Recordina . The Party on whose network the information services traffic
originated (the "Originating Party ) shall provide the recorded call detail
information to the Party to whose information platform the information services
traffic terminated (the "Terminating Party
Ratina . The Terminating Party shall provide to the Originating Party all rating
information necessary to bill the information services traffic to the Originating
Party s end users pursuant to the Terminating Party s agreement(s) with each
information provider.
Billina and Collection. The Originating party shall bill and collect such
information service charges and shall remit the amounts collected to the
Terminating Party less:
(a) a mutually agreed upon fee for providing billing and collection of the
information service charges; and
(b) any uncollectibles reserve, which shall be calculated based on the
uncollectibles reserve in the Terminating Party s billing and collection
agreement with the applicable information services provider; and
(c) any customer adjustment provided by the Originating Party.
Blockina.Nothing in this Agreement shall restrict either Party from offering to
its end user customers the ability to block the completion of information service
traffic.
1027971528
ARTICLE VI
COLLOCATION
Physical Collocation GTE shall provide to NewVector physical collocation of
equipment pursuant to 47 CFR 9 51.323 necessary for interconnection
provided that GTE may provide virtual collocation in place of physical
collocation, or in some cases deny a particular collocation request entirely, if
GTE demonstrates that physical collocation , or perhaps even virtual
collocation, is not practical because of technical reasons or space limitations
as provided in Section 251 (c)(6) of the Act.
NEWVID.G2A VI-1027971528
IN WITNESS WHEREOF, each Party has executed this Agreement to be effective as of
the date specified in Section 31 of Article III.
GTE Northwest Incorporated NewVector
?fV1
--p
Na ~ c: 9'Neil
Ice .t'r ent
Title Assistant Vice President Title
USWESTNewVectorGroup,Inc,
Wholesale Markets-Interconnection
Date October 28, 1997 Date
Name Connie E. Nicholas
/0 -.5'0 - '9 'l
FORM BY
MENT
NEWVID.G2A VI-1027971528
Date
Service Location
(identified by tandem
serving area)
APPENDIX A
SERVICE MATRIX
(identified by CLLI code)
Services
(identified by
NEWVID.G2A 1027971528
APPENDIX B
SERVICE ATTACHMENTS
Service Attachment ID:
SERVICE ATTACHMENT
ACCESS TANDEM INTERCONNECTION
Location: city, state (CLLI code)
Legal Entities:
Effective Date: (Enter Effective Date)
Section 1 - Interconnection Facilities
The interconnection facilities for this Access Tandem Interconnection are
(Enter appropriate facility type DS1 or DS3)
1 Charges for the interconnection facilities are based on the (GTE
ICB) and are subject to change during the term of this Agreement.
Tariff or
If ICB, the following rate elements and charges apply:
Non-recurring charges:
(list applicable NRC rate elements and rates)
Monthly Recurring charges:
(list applicable MRC rate elements and rates)
Section 2 - CCS7 Access Service Connection (To be completed ifthis is an SS7 interconnection.
The CCS7 Access Service Connection (Type S) required for this service is provided by
. (Enter appropriate provider, GTE or Other.)
1 If the CCS7 Access Service Connection (Type S) is provided by GTE, the facility charges are
based on the (Enter appropriate, GTOC or GSTC) FCC NO.1 Tariff and are subject to
change during the term of this Agreement.
NEWVID.G2A 1027971528
Service Attachment ID:
SERVICE ATTACHMENT
END OFFICE INTERCONNECTION
Location: city, state (CLLI code)
Legal Entities:
Effective Date: (Enter Effective Date)
Section 1 - Interconnection Facilities
The interconnection facilities for this End Office Interconnection are
appropriate facility type DS1 or DS3)
. (Enter
1 Charges for the interconnection facilities are based on the (GTE
ICB) and are subject to change during the term of this Agreement.
Tariff or
If ICB, the following rate elements and charges apply:
Non-recurring charges:
(list applicable NRC rate elements and rates)
Monthly Recurring charges:
(list applicable MRC rate elements and rates)
Section 2 - CCS7 Access Service Connection (To be completed if this is an SS7 interconnection.
The CCS7 Access Service Connection (Type S) required for this service is provided by
. (Enter appropriate provider, GTE or Other.)
1 If the CCS7 Access Service Connection (Type S) is provided by GTE, the facility charges are
based on the (Enter appropriate, GTOC or GSTC) FCC NO.1 Tariff and are subject to
change during the term of this Agreement.
NEWVID.G2A 1027971528
APPENDIX C
RATES AND CHARGES FOR
TRANSPORT AND TERMINATION OF TRAFFIC
General.The rates contained in this Appendix C are the rates as defined in Article IV and
are subject to change resulting from future Commission or other proceedings, including but
not limited to any generic proceeding to determine GTE's unrecovered costs (e., historic
costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs
(including GTE's end user surcharge)), the establishment of a competitively neutral
universal service system, or any appeal or other litigation.
LOCAL TRANSPORT AND TERMINATION RATES
Tandem Interconnection Rate
Rate applied per terminated MOU:0071 ID
This rate is reciprocal and symmetrical for Local Traffic exchanged between
GTE and NewVector and applies for all Local Traffic MOUs exchanged at a
POI associated with a GTE access tandem and terminating to or originating
from a GTE end office subtending that access tandem.
End Office Interconnection Rate
Rate applied per terminated MOU:0051 ID
This rate is reciprocal and symmetrical for Local Traffic exchanged between
GTE and NewVector and applies for all Local Traffic MOUs exchanged at a
POI associated with a GTE end office and any GTE remote units associated
with that end office.
Tandem Switchina Rate (Transitina)
Rate applied per MOU:0020 ID
This rate applies to all local MOUs exchanged between NewVector and
another carrier through facilities of GTE.
BILLING FACTORS
Terminatina Traffic Factors 20% GTE to NewVector
80% NewVector to GTE
NEWVID.G2A 1027971528
100% Total2-way Usage
The Terminating Traffic Factors describe the level of local usage originating
from one Party and terminating to the other Party as a percentage of total 2-
way local traffic exchanged between the Parties. For example, a factor of
90% for GTE would mean that, of total 2-way local MOUs exchanged
between GTE and NewVector 90% originated from a NewVector wireless
end user customer and terminated to a GTE end user customer. These
factors are used to apportion flat rated transport facilities between the
Parties and may be used where needed as a billing surrogate. These
factors are subject to change based upon mutually acceptable traffic data
no less than a quarterly basis. If factors are not updated quarterly, the
Parties shall use the last previously established factors.
Transitina Factor TBD%GTE Transited
The Transiting Factor is used to determine the amount of traffic to or from
NewVector that transits the GTE network. The Transiting Factor is used
when needed to quantify transiting traffic for billing purposes, i.e., when
recorded billing data is not sufficiently available. When applied to
NewVector originated traffic, the Transiting Factor determines the transiting
traffic that was generated by NewVector (over and above the level of traffic
that terminated to GTE). When applied to NewVector terminated traffic, the
Transiting Factor determines the portion of traffic terminating to NewVector
that was not originated by GTE (which was included in the level of traffic that
terminated to NewVector). This factor is subject to change based upon
mutually acceptable traffic data no more frequently than every three months.
If the factor is not updated quarterly, the Parties shall use the last previously
established factor. This factor will initially be determined by the Parties if
and when it is needed for billing purposes.
PLU:100%
The Percent Local Usage (PLU) Factor describes the portion of Local
Traffic exchanged between the Parties that both originated and
terminated within the same local calling area (MT A) and within the
same LATA. This Local Traffic Factor applies to both originating and
terminating MOUs.
BLOCKS OF 100 NUMBERS
Installation Charge per 100 Numbers
Usage Compensation to NewVector, per Month, per Trunk
$57.
$ 5.
NEWVID.G2A 1027971528
NEWVID.G2A
Blocks of 100 numbers are made available only to CMRS providers
under the terms and conditions of this Agreement. The Installation
Charge applies to new blocks of numbers provided pursuant to this
Agreement. Only full blocks of 100 numbers will be provided. Number
blocks are used in association with end office interconnection facilities
obtained by NewVector. NewVector is solely responsible for the costs
of interconnection facilities used in conjunction with blocks of 100
numbers. The Usage Compensation rate is the sole compensation to
NewVector for local traffic terminating to NewVector over this
interconnection arrangement. It applies per month, per DSO trunk or
equivalent.
1027971528