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Home My WebLink About20060404Exhibit 6 Verizon interconnection agreement.pdfo:~ F: ~ li: 1 8 0 0 ~ 0 ; " ~ , i, 0 ; .:: i u, 02 (-1" -ub -c) EXHIBIT 6 Verizon Interconnection Agreement OneEighty Networks , Inc. Application For Certificate of Public Convenience and Necessity AGREEMENT by and between ONEEIGHTY NETWORKS, INC. D/B/A ONEEIGHTY NETWORKS and VERIZON NORTHWEST INC., F/KIA GTE NORTHWEST INCORPORATED FOR THE STATE OF IDAHO Verizon ICA TABLE OF CONTENTS AGREEMENT .................................................................................................................................. 1 The Ag reement .. ............. ................ ........... ................ .................. ..................... .......... 1 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Verizon ICA Term and Term ination ...................................... ...... ...... ........ ............... ....... ..... ........... 1 Glossary a nd Attachments .................................................... ............. ......... .............. 2 Applicable Law ........................................................................................................... 2 Assignment ................................................................................................................. Assurance of Payment.............................................................................................;. 3 Aud its ............ ..................... .................... ................. ............... ......... ........... ...... ........... 4 Authorization .............................................................................................................. 5 Billing and Payment; Disputed Amounts................................................................. 5 Confidentiality ............................................................................................................. 6 Cou nterparts .............. .......... ...................................... ..... ................ ............................ 8 Default ......................................................................................................................... 8 Discontinuance of Service by OneEighty ................................................................ 8 Dispute Resolution..................................................................................................... 9 Force Majeure ............................................................................................................. 9 Forecasts....... ............................ ............ """"'" """" ...................... ...... ..................... 10 Fraud ....... ......... """'" ....... ........ ................ ................... ..... ................. .... ...... ............... 1 0 Good Faith Performance ......................................................................................... 10 Head ings ..... ....... ........... ............ .............. ................... """"" .............................. ....... 1 Indemnification ......................................................................................................... Insurance................................................................................................................... Intellectual Property.. ...................................... ................. ......... ................. """"""" 13 Joint Work Product ..................... ......................... ................ """""" ......... ..... .......... 14 Law Enforcement """"""" """'" ................................... .............. ....... """" ....... ....... 14 Liability ...... """'" ..... ........... ........ .......................... """"'" ..... ................. .... """""""" 14 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. Network Management .............................................................................................. Non-Exclusive Remedies......................................................................................... 16 Notice of Network Changes..................................................................................... 16 Notices...................................................................................................................... 16 Ordering and Maintenance ...................................................................................... Performance Standards ............................;.............................................................. 18 Point of Contact for OneEighty Customers ........................................................... 18 Predecessor Agreements ........................................................................................ 18 Publicity and Use of Trademarks or Service Marks.............................................. 19 References ................................................................................................................ 19 Relationship of the Parties ...................................................................................... 19 Reservation of Rights .............................................................................................. 20 Subcontractors ......................................................................................................... 20 Successors and Assigns ......................................................................................... 20 Survival...................................................................................................................... 20 Taxes ......................................................................................................................... 21 Technology Upgrades.............................................................................................. Territory ..................................................................................................................... 23 Th ird Party Beneficiaries .................... ....... ............... """""" """"'" """"""""" ...... 23 251 and 271 Requirements ...................................................................................... 23 252(i) Obligations ..................................................................................................... Use of Service.......................................................................................................... 24 Waiver ....................................................................................................................... 24 Warranties ................................................................................................................. 24 SIGNATURE PAGE... """'" .... """ ......... .............. .................. ............................... """ ....... ............ 26 Withd rawal of Services "'" ................... """"'" .................. """""""" ""'" ..... ........... 24 GLOSSARY ................................................................................................................................... 27 Verizon ICA General Rule ............................................................................................................. 27 ADDITIONAL SERVICES ATTACHMENT ................................................................................... 40 Definitions ................................................................................................................ 27 10. 11. Alternate Billed Calls ............................................................................................... Dialing Parity - Section 251 (b)(3) ...............,............................................................ 40 Directory Assistance (DA) and Operator Services (OS)....................................... 40 Directory Listing and Directory Distribution ......................................................... Voice Information Service Traffic ........................................................................... 42 ntercept and Referral An nou ncements .................................. ........... .................... 43 Originating Line Number Screening (OLNS) ......................................................... 44 Operations Support Systems (OSS) Services ....................................................... 44 Poles, Ducts, Conduits and Rights-of-Way........................................................... 50 Telephone Numbers ................................................................................................. Routing for Operator Services and Directory Assistance Traffic ....................... 51 INTERCO N N ECTION IT ACH M ENT . ...... ................................................................... ..... ........... 52 General ...................................................................................................................... Verizon ICA Methods for Interconnection and Trunk Types..................................................... 52 Alternative Interconnection Arrangements ........................................................... 58 Initiating Interconnection ........................................................................................ 58 Transmission and Routing of Telephone Exchange Service Traffic .................. 59 Traffic Measurement and Billing over Interconnection Trunks........................... 60 Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of theAct.............................................................................................................................. Other Types of Traffic ................ ""'" """"""" ........ ................. ................... """" ..... 64 Transmission and Routing of Exchange Access Traffic...................................... 65 10.Meet-Point Billing Arrangements............................................................................ 65 11.Toll Free Service Access Code (e., 800/888/877) Traffic ................................... 68 12.Tandem Transit Traffic............................................................................................. 69 13.Number Resources, Rate Center Areas and Routing Points ............................... 70 14. 15. 16. Joint Network Implementation and Grooming Process; and Installation Maintenance, Testing and Repair ........................................................................... 71 Number Portability - Section 251 (B)(2) .................................................................. 73 Transport and Termination of Indirect Interconnection Traffic........................... 76 RESALE ATTACHMENT .............................................................................................................. General ...................................................................................................................'" 77 Use of Verizon Telecommunications Services...................................................... 77 Availability of Verizon Telecommunications Services ......................................... 78 Responsibility for Charges...................................................................................... 78 Operations Matters................................................................................................... 78 Rates and Charg es ............... ........... .......................... ......................... .... .................. 79 NETWORK ELEMENTS ATTACHMENT ...................................................................................... 80 General ...................................................................................................................... 80 10. 11. 12. 13. 14. 15. 16. Verizon ICA Verizon s Provision of Network Elements ............................................................. 81 Loop Transmission Types....................................................................................... Line Sharing .............................................................................................................. 88 Line Splitting ............................................................................................................. 95 Sub-Loop........................... ........................... ............................................................. 95 Inside Wire ................................................................................................................ 99 Dark Fiber ................................................................................................................ 100 Network I nterface Device ............................... ............ ...... ........... .............. ............. 103 Un bu ndled Switch ing . Elements................................. ...... ..................................... 105 Un bu nd led Interoffice Facilities...... ....... .......... """"""" ................. """"""""""" 1 Signaling Networks and Call-Related Databases................................................ 1 Operations Support Systems.... ....... ......... ...................... ............. """"""'" .......... 108 Availability of Other Network Elements on an Unbundled Basis...................... 108 Maintenance of Network Elements ....................................................................... 109 Combinations..........................................................................................................109 17.Rates and Charges ................................................................................................. 110 COLLOCATION A TT ACHMENT................................................................................................. 111 Verizon s Provision of Collocation ....................................................................... 111 OneEighty's Provision of Collocation .................................................................. 147 911 ATTACHMENT ..................................................................................................................... 148 911/E-911 Arrangements ....................................................................................... 148 Electron ic Interface... ....... ...................... ................ ........... ................. ......... ....... .... 148 911 I ntercon nection """'" ............ """""""" ........... """"""" .......... ....................... 149 911 Facilities. .......... ...................... ....... ....... .... ........... ..... ........... ....... ............ .......... 149 Local Number Portability for use with 911 .......................................................... 149 PSAP Coordination. ....... ..... ................................ ..... ............. .............. ...... ....... ...... 149 911 Compensation. ....... ........................................... ................ ............ .................. 149 911 Rules and Regulations.................................................................................... 149 PRICING ATTACHMENT ............................................................................................................ 151 General.... ...... ..... ..................... ""'" .......... ...... ........... ............. ............................. .... 151 Verizon Telecommunications Services Provided to OneEighty for Resale Pursuant to the Resale Attachment...................................................................... 151 OneEig hty Prices ............................... """'" .............................. ........... ................... 153 Section 271.. .... .... ...... ....... """"" .................... ........................ ........ ....... ............ ...... 153 Regulatory Review of Prices ................................................................................. 153 IDAHO APPENDIX A TO THE PRICING ATTACHMENT ......................................................... 154 APPENDIX A TO THE COLLOCATION ATTACHMENT ...........................................................170 Verizon ICA AGREEMENT PREFACE This Agreement ("Agreemenf) shall be deemed effectiv? as of May 8, 2002 (the "Effective Date between OneEighty Networks, Inc. d/b/a OneEighty NetWorks ("OneEighty"), a corporation organized under the laws of the State of WCishington, with offices at 118 North Stevens, Spokane Washington 99201 and Verizon Northw~t Inc., f/klaGTE Northwest Incorporated ("Verizon ) , a corporation organized under the laws of the State of Washington with offices at 1800 41 st Everett, WA 98201 (Verizon and OneEighty may be referred to hereinafter, each, individually as a "Party", and, collectively, as the "Parties GENERAL TERMS AND CONDITIONS In consideration of the mutual promises contained in this Agreement, and intending to be legally bound, pursuant to Section 252 of the Act, Verizon and OneEighty hereby agree as follows: The Agreement Verizon ICA This Agreement includes: (a) the Principal Document; (b) the Tariffs of each Party applicable to the Services that are offered for sale by it in the Principal Document (which Tariffs are incorporated into and made a part of this Agreement by reference); and , (c) an Order by a Party that has been accepted by the other Party. Except as otherwise expressly provided in the Principal Document (including, but not limited to, the Pricing Attachment), conflicts among provisions in the Principal Document, Tariffs, and an Order by a Party that has been accepted by the other Party, shall be resolved in accordance with the following order of precedence where the document identified in subsection "(a)" shall have the highest precedence: (a) the Principal Document; (b) the Tariffs; and , (c) an Order by a Party that has been accepted by the other Party. The fact that a provision appears in the Principal Document but not in a Tariff, or in a Tariff but not in the Principal Document, shall not be interpreted as, or deemed grounds for finding, a conflict for the purposes of this Section 1. This Agreement constitutes the entire agreement between the Parties on the subject matter hereof, and supersedes any prior or contemporaneous agreement, understandrng,or representation, on the subject matter hereof. Except as otherwise' prOvisioned in the Principal Document , the Principal Document may not be wclivedor modified except by a written document that is signed by the Parties. Subject to the requirements of Applicable Law, a Party shall have the right to add , modify, or withdraw, its Tariff(s) at any time, without the consent of, or notice to, the other Party. Term and Termination This Agreement shall be effective as oftheEffective Date and, unless cancelled or terminated earlier in accordance with the terms hereof, shall continue in effect until May 7, 2004 (the "Initial Term ). Thereafter, this Agreement shall continue in force and effect unless and until cancelled or terminated as provided in thisAgreement. Either OneEighty or Verizon may terminate this Agreement effective upon the expiration of the Initial Term or effective upon any date after expiration of the 2.4 Initial Term by providing written notice of termination at least ninety (90) days in advance of the date of termination. If either OneEighty or Verizon provides notice of termination pursuant to Section 2 and on or before the proposed date of termination either OneEighty or Verizon has requested negotiation of a new interconnection agreement, unlessthis Agreement is cancelled or terminated earlier in accordance with the terms hereof (including, but not limited to, pursuant to Section 12), this Agreement shall remain in effect until the earlier of: (a) the effective date of a new interconnection agreement between OneEighty and Verizon; or, (b) the date one (1) year after the proposed date of termination. If either OneEighty or Verizon provides notice of termination pursuant to Section 2 and by 11 :59 PM Eastern Time on the proposed date of termination neither OneEighty nor Verizon has requested negotiation of a new interconnection agreement, (a) this Agreement will terminate at 11 :59 PM Eastern Time on the proposed date of termination, and (b) the Services being provided under this Agreement at the time of termination will be terminated, except to the extent that the Purchasing Party has requested thatsuch Services continue to be provided pursuant to an applicable Tariff or Statement of Generally Available Terms (SGA T). Glossary and Attachments The Glossary and the following Attachments are a part of this Agreement: Ad9itional Services Attachment Interconnection Attachment Resale Attachment UNE Attachment Collocation Attachment 911 Attachment Pricing Attachment Applicable Law 4.4 Verizon ICA The construction , interpretation pnd performance of this Agreement shall be governed by (a) the laws of the United States of America and (b) the laws of the State of Idaho, without regard to its conflicts of laws rules. All disputes relating to this Agreement shall be resolved through the application of such laws. Each Party shall remain in compliance with Applicable Law in the course of performing this Agreement. Neither Party shall be liable for any delay or failure in performance by it that results from requirements of Applicable Law, or acts or failures to act of any governmental entity or official. Each Party shall promptly notify the other Party in writing of any governmental action that limits, suspends, cancels, wIthdraws, or otherwise materially affects the notifying Party's ability to perform its obligations under this Agreement. If any provision of this Agreement shall be invalid or unenforceable under Applicable Law, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of this Agreement, and this Agreement shall be construed as if it did not contain such invalid or unenforceable provision; provided, that if the invalid or unenforceable provision is a material provision of this Agreement, or the invalidity or unenforceability materially affects the rights or obligations of a Party hereunder or the ability of a Party to perform any material provision of this Agreement, the Parties shall promptly renegotiate in good faith and amend in writing this Agreement in order to make such mutually acceptable revisions tothis Agreement as may be r,equired in order to conform the Agreement to Applicable Law. If any legislative, regulatory, judicial or other governmental decision, order determination or action, or any change in Applicable Law, materially affects any material provision of this Agreement, the rights or obligations of a Party hereunder, or the ability of a Party to perform any material provision of this Agreement, the Parties shall promptly renegotiate in good faith and amend in writing this Agreement in order to make such mutually acceptable revisions to this Agreement as may be required in order to conform the Agreement to Applicable Law. Notwithstanding anything in this Agreement to the contrary, if, as a result of any legislative, judicial, regulatory or other governmental decision, order determination or action, or any change in Applicable Law, Verizon is not required by Applicable Law to provide any Service, payment or benefit, otherwise required to be provided to OneEighty hereunder, thenVerizon may discontinue the provision of any such Service, payment or benefit, and OneEighty shall reimburse Verizon for any payment previously made by Verizon to OneEighty that was not required by Applicable Law. Verizon will provide thirty (30) days prior written notice toOneEighty of any such discontinuance of a Service, unless a different notice period or different conditions are specified in this Agreement (including, but not limited to, in an applicable Tariff) or Applicable Law for termination of such Service in which event such specified period and/or conditions shall apply. Assignment Neither Party may assign this Agreement or any right or interest under this Agreement nor delegate any obligation under this Agreement, without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. Any attempted assignment or delegation in violation of this Section 5 shall be void and ineffective and constitute default of this Agreement. Verizon ICA Assurance of Payment Upon request by Verizon, OneEighty shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder. Assurance of payment of charges may be requested by Verizonif OneEighty (a) in Verizon s reasonable judgment, at the Effective Date or at any time thereafter does not have established credit with Verizon, (b) in Verizon s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that iUs creditworthy, (c) fails to timely pay a bill rendered to OneEighty by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignmentfor the benefit of creditors or is subject to a receivership or siri1ilarproceeding. 6.4 Audits Verizon ICA Unless otherwise agreed by the Parties, the assurance of payment shall, atVerizons option, consist of (a) a caSh security deposit in U.S. dollars held byVerizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shaH be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non-recurring charges), as reasonably determined by Verizon , for the Services to beprovided by Verizon to OneEighty in connection with this Agreement. To the extent that Verizon elects to require a cash deposit, the Parties intend thatthe provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 ofthe Uniform Commercial Code as in effect in anyrelevant jurisdiction. If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law. Verizon may (but is not obligated to) draw on the letter of credit or cash deposit as applicable, upon notice toOneEightyin respect of any amounts to be paid by OneEighty hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. If Verizon draws on the letter ofcredit or cash deposit, upon request by Verizon OneEighty shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6. Notwithstanding anything else set forth in this Agreement, if Verizon makes arequest for assurance of payment in accordance with the terms of this Section then Verizon shall have no obligation thereafter to perform under this Agreement until such time as OneEighty has provided Verizon with such assurance of payment. The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve OneEighty from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advancepayments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement. Except as may be otherwise specifically provided in this Agreement, either PartyAuditing Party") may audit the other Party's ("Audited Party") books, recordsdocuments, facilities and systems for the purpose of evaluating the accuracy of the Audited Party's bills. Such audits may be performed once in each Calendar Year; provided, however, that audits may be conducted more frequently (but no more frequently than once in each Calendar Quarter) if the immediately preceding audit found previously uncorrected net inaccuracies in billing in favor of the Audited Party having an aggregate value of at least $1 000 000. The Ciudit shall be performed by independent certified public accountants selected and paid by the Auditing Party. The accountants shall be reasonably acceptable to the Audited Party. Prior to commencing the audit, the accountantsshall execute an agreement with the Audited Party in a form reasonably 7.4 acceptable to the Audited Party that protects the confidentiality of the information disclosed by the Audited Party to the accountants. The audit shall take place at a time and place agreed upon by the Parties; provided, that the Auditing Party may require that the audit commence no later than sixty (60) days after the Auditing Party has given notice of the audit to the Audited Party. Each Party shall cooperate fully in any such audit, providing reasonable access to any and all employees, books, records, documents, facilities and systems reasonably necessary to assess the accuracy of the Audited Party's bills. Audits shall be performed at the Auditing Party's expense, provided that there shall be no charge for reasonable access to the Audited Party's employees, books, records, documents, facilities and systems necessary to assess the accuracy of the Audited Party's bills. Authorization Verizon ICA Verizon represents and warrants thatit is a corporation duly organized , validly existing and in good standing under the laws of the State of Washington and has full power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. OneEighty represents and warrants that it is a corporation duly organized, validly existing and in good standing under the laws of the $tate of Washington , and has full power and authority toexecL!t~and deliver this Agreement and to perform its obligations under this Agreement. OneEiqhtv Certification. Notwithstanding any other provision of this Agreement, Verizon shall have no obligation to perform under this Agreement until such time as OneEighty has obtained such FCC and Commission authorization as may be required by Applicable Law for conducting business in Idaho. OneEighty shall not place any orders under this Agreement until it has obtained such authorization. OneEighty shall provide proof of such authorization to Verizon upon request. Billing and Payment; Disputed Amounts Except as otherwise provided in this Agreement, each Party shall submit to the other Party on a monthly basis in an itemized form, statement(s) of charges incurred by the other Party under this Agreement. Except as otherwise provided in this Agreement, payment of amounts billed for Services provided underth,is Agreement, whether billed on a monthly basis or as otherwise provided in this Agreement, shaH be due, in immediately available U. funds, on the later of the following dates (the "Due Date ): (a) the due date specified on the billing Party's statement; or (b) twenty (20) days after the date the statement is received by the billed Party. Payments shall be transmitted by electronic funds transfer. If any portion of an amount billed by a Party under this Agreement is subject to a good faith dispute between the Parties, the billed Party shall give notice to the billing Party of the amounts it disputes ("Disputed Amounts ) and include in such notice-the specific details and reasons for disputing each item. A Party may also dispute prospectively with a single notice a class of charges that it disputes. Notice of a dispute may be given by a Party at any time, either before or after an amount is paid, and a Party's payment of an amount shall not constitute a waiver 9.4 of such Party's right to subsequently dispute its obligation to pay such amount or to seek a refund of any amount paid. The billed Party shall pay by the Due Date all undisputed amounts. Billing disputes shall be subject to the terms of Section, Dispute Resolution. Charges due to the billing Party that are not paid by the Due Date, shall besubject to a late payment charge. The late payment charge shall be in amount specified by the billing Party which shall not exceed a rate of one-and- one-half percent (1.5%) of the Overdue amount (including any unpaid previously billed late payment charges) per month. Although it is the intent of both Parties to submittimely statements of charges failure by either Party to presenfstatements to the other Party in a timely manner shall not constitute a breach or default, or a waiver of the right to payment of the incurred charges, by the billing Party under this Agreement, and, except forassertion of a provision of Applicable Law that limits the period in which a suit or other proceeding can be brought before a court or other governmental entity of appropriate jurisdiction to collect amounts due, the billed Party shall not be entitled to dispute the billing Party's statement(s) based on the billing Party' failure to submit them in a timely fashion. Confidentiality10. 10.As used in this Section 10 , " Confidential Information" means the following information that is disclOsed by one Party ("DiSclosing Party") to the other Party Receiving Party") in connection with, or anticipation of, this Agreement: 10.1 Books, records, documents and other information disclosed in an audit pursuant to Section 7; 10.2 Any forecasting informatiOn ' provided pursuant to this Agreement; 10.3 Customer Information (except to the extent that (a) the Customer information is published in a directory, (b) the Customer information is disclosed through or in the course of furnishing a Telecommunications Service, such as a Directory Assistance Service, Operator ServiceCaller ID or similar service, or LIDS service, or (c) the Customer towhom the Customer Information is related has authorized the Receiving Party to use and/or disclose the Customer Information); 10.1.4 information related to specific facilities or equipment (including, but not limited to , cable and pair information); 10.5 any information that is in written, graphic, electromagnetic, or othertangible form , and marked at the time of disclosure as "Confidential" or Proprietary;" and 10.6 any information that is communicated orally or visually and declared to the Receiving Party at the time of disclosure, and by written notice with a statement of the information given to the Receiving Party within ten (10) days after disclosure, to be "Confidential or "Proprietary Notwithstanding any other provision of this Agreement, a Party shall have theright to refuse to accept receipt of information which the other Party has identified as Confidential Information pursuant to Sections 10.5 or 10. 10.Except as otherwise provided in this Agreement, the Receiving Party shall: Verizon ICA 10. 10.4 Verizon ICA 10.1 use the Confidential Information received from the Disclosing Party only in performance of this Agreement; and 10.2.2 using the same degree of care that it uses with similar confidential information of its own (but in no case a degree of care that is less than commercially reasonable), hold Confidential Information received from the Disclosing Party in confidence and restrict disclosure of the Confidential Information solely to those of the Receiving Party Affiliates and the directors, officers, employees, Agents and contractors of the Receiving Party and the Receiving Party's Affiliates that have a .ed to receive such Confidential Information in order to Pt?rform the Receiving Party's obligations under this Agreement. The Receiving Party's Affiliates and the directors, officers, employees Agents and qontractors of theReceiving Party and the Receiving Party's Affiliates, shall be required by the Receiving Party to comply with the provisions of this Section 10 in the same manner as the Receiving Party. The Receiving Party shall be liable for any failure of the Receiving Party's AffiHates or the directors, officers, employees Agents or contractors of the Receiving' Party or the Receiving Party' Affiliates, to comply with the provisions of this Section 10. The Receiving Party shall return or destroy all Confidential Information received from the Disclosing Party, including any copies made by the Receiving Party, within thirty (30) days after a written request by the Disclosing Party is delivered to the Receiving Party, except for (a) Confidential Information that the Receiving Party reasonably requires to perform its obligations under this Agreement, and (b) one copy for archival purposes only. Unless otherwise agreed, the obligations of Sections 10.2 and 10.3 do not apply to information that: 10.4.1 was, at the time of receipt, already in the possession of or known to the Receiving Party free of any obligation of confidentiality and restriction on use; 10.4.2 is or becomes publicly available or known through no wrongful act of the Receiving Party, the Receiving Party's Affiliates, or the directors officers, employees, Agents or contractors of the Receiving Party or the Receiving Party's Affiliates; 10.4.3 is rightfully received from a third person having no direct or indirect obligation of confidentiality or restriction on use to the Disclosing Party with respect to such information; 10.4.4 is independently developed by the Receiving Party; 10.4.5 is approved for disclosure or use by written authorization of the Disclosing Party (including, but not limited to, in this Agreement); or 10. 10.4.6 is required to be disclosed by the Receiving Party pursuant to Applicable Law, provided that the Receiving Party shall have made commercially reasonable efforts to give adequate notice of the requirement to the Disclosing Party in order to enable the Disclosing Party to seek protective arrangements. Notwithstanding the provisions of Sections 10.1 through 10., the Receiving Party may use and disclose Confidential Information received from the Disclosing Party to the extent necessary to enforce the Receiving Party's rights under thisAgreement or Applicable Law. In making any such disclosure, the ReceivingParty shall make reasonable efforts to preserve the confidentiality and restrict the use of the Confidential Information while it is in the possession of any person to whom it is disclosed, including, but not limited to, by requesting anygovernmental entity to Whom the Confidential Information is disclosed to treat it as confidential and restrict its use to purposes related to the proceeding pending before it. 10.The Disclosing Party shall retain all of the Disclosing Party's right, title andinterest in any Confidentiallnforrnation disclosed by the Disclosing Party to the Receiving Party. Exceptas otherwise eXpressly provided in this Agreement, nolicense is granted by this Agreement with respect to any Confidential Information (including, but not limited under any patent, trademark or copyright), nor is any such license to be implied solely by virtue of the disclosure of Confidential Information. 10.The provisions of this Section 10 shall be in addition to and not in derogation of any provisions of Applicable Law, including, but not limited to, 47 U.C. 9222and are not intended to constitute a waiver by a Party of any right with regard to the use, or protection of the confidentiality of, CPNI provided by Applicable Law. 10.Each Party's obligations under this Section 10 shall survive expiration cancellation or termination of this Agreement. 11.Counterparts This Agreement may be executed in two or more counterparts, each of which shall bedeemed an original and all of which together shall constitute one and the same instrument. 12.Default If either Party ("Defaulting Party") fails to make a payment required by this Agreement (including, but not limited to, any payment required by Section 9.3 of undisputed amountsto the billing Party) or materially breaches any other material provision of this Agreement and such failure or breach continues for thirty (30) days after written notice thereof from the other Party, the other Party may, by written notice to the Defaulting Party, (a) suspend the provision of any or allSetvices hereunder, or (b) cancel this Agreement andterminate the provision of all Services hereunder. 13.Discontinuance of Service by OneEighty 13.If OneEighty proposes to discontinue, or actually discontinues, its provision ofservice to all or substantially all of its Customers, whether voluntarily, as a result of bankruptcy, or for any other reason, OneEighty shall send written notice of such discontinuance to Verizon, the Commission, and each of OneEighty'Customers. OneEighty shall provide such notice such number of days in advance of discontinuance of its service as shall be required by Applicable Law. Unless the period for advance notice of discontinuance of service required by Applicable Law is more than thirty (30) 'days, to the extent commercially feasible OneEighty shall send such notice at least thirty (30) days prior to its discontinuance of service. 13.Such notice must advise each OneEighty Customer that unless action is taken by the OneEighty Customer to switch to a different carrier prior to OneEighty' Verizon ICA 13. proposed discontinuance of service, the OneEighty Customer will be without the service provided by OneEighty to theOneEighty Customer. Should a OneEighty Customer subsequently become a Verizon Customer OneEighty shall provide Verizon with all information necessary for Verizon to establish service for theOneEighty Customer, including, but not limited to, the OneEighty Customer's billed name, listed name, service address, and billing address, and the services being provided to the OneEighty Customer. Nothing in this Section 13 shall limit Verizon s right to cancel or terminate this Agreement or suspend provision of SerVices under this Agreement. Dispute Resolution 13.4 14. 14. 14. Except as otherwise provided in this Agreement, any dispute between the Parties regarding the interpretation or enforcement of this Agreement or any of its terms shall be addressed by good faith negotiation between the Parties. To initiate such negotiation , a Party must provide to the other Party written notice of the dispute that includes both a detailed description of the dispute or alleged nonperformance and the name of an individual who will serve as the initiating Party's representative in the negotiation. The other Party shall ' have ten Business Days to designate its own representative in the negotiation. The Parties' representatives shall meet at least once within 45 days after the date of the initiating Party's written notice in an attempt to reach a good faith resolution of the dispute. Upon agreement, the Parties' representatives may utilize other alternative dispute resolution procedures such as private mediation to assist in the negotiations. If the Parties have been unable to resolve the dispute within45 days of the date of the initiating Party's written notice, either Party may pursue any remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission , the FCC, or a court of competent jurisdiction. 15. Force Majeure15. Verizon ICA 15. Neither Party shall be responsible for any delay or failure in performance which results from causes beyond its reasonable control ("Force Majeure Events whether or not foreseeable by such Party. Such Force Majeure Events include, but are not limited to, adverse weather conditions, flood, fire, explosion earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil commotion, act of public enemies, labor unrest (including, but not limited to strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, software or repairs thereof, acts or omissions of the other Party, and acts of God. If a Force Majeure Event occurs, the non-performing Party shall give prompt notification of its inability to perform to the other Party. During the period that the non-performing Party is unable to perform, the other Party shall also be excused from performance of its obligations to the extent such obligations are reciprocal , or depend upon , the performance ofthe non-performing Party that has been prevented by the Force Majeure Event. The non-performing Party shall use commercially reasonable efforts to avoid or remove the cause(s) of its non- performance and both Parties shall proceed to perform once the cause(s) are removed or cease. 20. 15.Notwithstanding the provisions of Sections 15.1 and 15.2, in no case shall aForce Majeure Event excuse either Party from an obligation to pay money as required by this Agreement. Nothing in this Agreement shall require the non-performing Party to settle anylabor dispute except as the non-performing Party, in its sole discretion determines appropriate. 15.4 16.Forecasts In addition to any other forecasts required by this Agreement, upon request by VerizonOneEighty shall provide to Verizon forecasts regarding the Services that OneEighty expects to purchase from Verizon, including, but not limited to, forecasts regarding the types and volumes of Services that OneEighty expects to purchase and the locations where such Services will be purchased. 17.Fraud 18. OneEighty assumes responsibility for all fraud associated with its Customers and accounts. Verizon shall bear no responsibility for, and shall have no obligation to investigate or make adjustments to OneEighty's account in cases of, fraud by OneEighty's Customers or other third parties. Good Faith Performance 19. The Parties shall act in good faith in their performance of this Agreement. Except as otherwise expressly stated in this Agreement (including, but not limited to, whereconsent, approval, agreement or a similar action is stated to be within a Party's solediscretion), where consent, approval, mutual agreement or a similar action is required by any provision of this Agreement, such action shall not be unreasonably withheld conditioned or delayed. Headings The headings used in the Principal Document are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of the Principal Document. Indemnification 20.Each Party ("Indemnifying Party") shall indemnify, defend and hold harmless the other Party ("Indemnified Party"), the Indemnified Party's Affiliates, and thedirectors, officers and employees of the Indemnified Party and the Indemnified Party's Affiliates, from and against any and all Claims that arise out of bodily injury to or death of any person, or damage to, or destruction or loss of, tangiblereal and/or personal property of any person, to the extent such injury, deathdamage, destruction or loss, was proximately caused by the grossly negligent or intentionally wrongful acts or omissions of the Indemnifying Party, the Indemnifying Party's Affiliates, or the directors, officers, employees, Agents orcontractors (excluding the Indemnified Party) of the Indemnifying Party or the Indemnifying Party's Affiliates, in connection with this Agreement. Indemnification Process.20. 20.1 As used in this Section 20 , " Indemnified Person" means a person whoman Indemnifying Party is obligated to indemnify, defend and/or hold harmless under Section 20. Verizon ICA Verizon ICA 20.2 An Indemnifying Party's obligations under Section 20.1 shall be conditioned upon the following: 20.3 The Indemnified Person: (a) shall give the Indemnifying Party notice of the Claim promptly after becoming aware thereof (including a statement of facts known to the Indemnified Person related to the Claim and an estiJ1l1~teof the a,mount thereof); (b) prior to taking any material action with respe9t to a Third Party Claim, shall consult with the Indemnifying Party as to the procedure to be followed in defending, settling, or compromising the Claim; (c) shaH not consent to any settlement or compromise of a Third Party Claim without the written consent of the Indemnifying Party; (d) shall permit the Indemnifying Party to assume the defense of a Third Party ClaIm (including, except as provided below, the compromise or settlement thereof) at the Indemnifying Party's own cost and expense, provided, however, that the Indemnified Person shall have the right to approve the Indemnifying Party's choice of legal counsel. 20.2.4 If the Indemnified Person fails to comply with Section 20.3 with respect to a Claim, tottle extent such 'failure shall have a material adverse effect upon the Indemnifying Party, the Indemnifying Party shall be relieved of its obligation to indemnify, defend and hold harmless the Indemnified Person with respect to such Claim under this Agreement. 20.5 Subject to 20.6 and 20.2., belo~, the Indemnifying Party shall have the authority to defend and settle any Third Party Claim. 20.6 WIth respect to any ThIrd Party Claim, the Indemnified Person shall be entitled to participate with the Indemnifying Party in the defense of the Claim if the Claim requests equitable relief or other relief that could affect the rights of the Indemnified Person. In so participating, the Indemnified Person shall be entitled to employ separate counsel for the defense at the Indemnified Person s expense. The Indemnified Person shall also be entitled to participate, at its own expense, in the defense of any Claim, as to any portion of the Claim as to which it is not entitled to be indemnified, defended and held harmless by the Indemnifying Party. 20.7 In no event shall the Indemnifying Party settle a Third Party Claim or consent to any judgment with' regard toa Third Party Claim without the prior written consent of the Indemnified Party, which shall not be unreasonabIywithheld, conditioned or delayed. In the event the settlement or judgment requIres a contribution from or affects the rights of an Indemnified Person, thelndernnified Person shaH have the right to refuse such settlement or judgment with respect to itself and, at its own cost and expense, take over the defense against the Third Party Claim, provided that in such event the Indemnifying Party shall not be responsible for, nor shall it be obligated to indemnify or hold harmless the Indernnified Person against, the Third Party Cla:imfor any amount in excess of such refused settlement or judgment. 20.8 The Indemnified Person shall, in all cases, assert any and all provisions in applicable Tariffs and Customer contracts that limit liability to third persons as a bar to, or limitation on, any recovery by a third-person claimant. 20. 20.4 21.Insurance 21. 21. 21. Verizon ICA 20.9 The Indemnifying Party and the Indemnified Person shall offer each other all reasonable cooperation and assistance in the defense of any Third Party Claim. Each Party agrees that it will not implead or bring any action against the other Party, the other Party's Affiliates, or any of the directors, officers or employees of the other Party or the Other Party's Affiliates, based on any claim by any personfor personal injury ordeath that occurs in the course or scope of employment of such person by the Other Party or the other Party's Affiliate and that arises out ofperformance of this Agreement. Each Party's obligations under this Section 20 shall survive expiration cancellation or termination of this Agreement. OneEighty shall maintain during the term of this Agreement and for a period of two years thereafter all insurance and/Or bonds required to satisfy its obligations under this Agreement(including, but not limited to, its obligations set forth in Section 20 hereof) and all insurance and/or bonds required by Applicable Law. The insurance and/or bonds shall be obtained from an insurer having an AM. Best insurance rating of at least A-, financial size category VII or greater. At a minimum and without limiting the foregoing undertaking, One Eighty shall maintain the following insurance: 21.1 Commercial General Liability Insurance, on an occurrence basisincluding but not limited to, premises-operations, broad form property damage, products/completed operations, contractual liability, independent contractors, and personal injury, with limits of at least 000 000 combined single lirhit for each occurrence. 21.2 Commercial Motor Vehicle Liability Insurance covering all owned, hiredand non-owned vehicles, with limits of at least $2 000 000 combinedsingle limit for each occurrence. 21.3 Excess Liability Insurance, in the umbrella form, with limits of at least $10 000 000 combined single limit for each occurrence. 21.1.4 Worker's Compensation Insurance as required by Applicable Law and Employer's Liability Insurance with limits of not less than $2 000 000per occurrence. 21.5 All risk property insurance on a full replacement cost basis for all of OneEighty's real and personal property located at any Collocation site or otherwise located on or in any Verizon premises (whether owned leased or otherwise occupied by Verizon), facility, equipment or right- of-way. Any deductibles, self-insured retentions or loss limits ("Retentions ) for theforegoing insurance must be disclp$ed on the certificates of insurance to be provided to Verizon pursuant to Sections 21.4 and 21., and Verizon reservesthe right to reject any such Retentions in its reasonable discretion. All Retentions shall be the responsibility of OneEighty. OneEighty shall name Verizon and Verizon s Affiliates as additional insureds on the foregoing liability insurance. 21.4 21. 21. 21. OneEighty shall, within two (2) weeks of the Effective Date hereof at the time of each renewal of, or material change in , OneEighty 's insurance policies, and at such other times asVerizon may reasonably specify, furnish certificates or other proof of the foregoing insurancer~onably acceptable to Verizon. The certificates or other proof of the foregoing insurance shall be sent to: Director- Contract Performance & Administration, Verizon Wholesale Markets, 600 Hidden Ridge, HQEWMNOTICES, Irving. TX 75038. OneEighty shall require its contractors, if any, that may enter upon the premises or access the facilities or equipment of Verizon or Verizon saffiliates to maintain insurance in accordance with Sections 21.1 through 21.3 and, if requested , to furnish Verizon certificates or other adequate proof of such insurance acceptable to Verizon in accordance with Section 21. If OneEighty or OneEighty's contractors fail to maintain insurance as required in Sections 21.1 through 21., above, Verizon may (but shall not be obligated to) purchase such insurance and One Eighty shall reimburse Verizon for the cost ofthe insurance. Certificates furnished by OneEightyor OneEighty's contractors shall contain a clause stating: "Verizon Northwest Inc., f/kla GTE Northwest Incorporated shall be notified in writing at least thirty (30) days prior to cancellation of, or any material change in , the insurance. 22. Intellectual Property22. Verizon ICA Except as expressly stated in this Agreement, this Agreement shall not be construed as granting a license with respect to any patent, copyright, trade name, trademark, servIce mark, trade secretor any other intellectual property, now or hereafter owned, controlled or licensable by either Party. Except as expressly stated in this Agreement, neither Party may use any patent copyrightable materials, trademark, trade name, trade secret or other intellectual property right, of the other Party except in accordance with the terms of a separate license agreement between the Parties granting such rights. 22.Except as stated in Section 2.2.4, neither Party shall have any obligation to defend, indemnify or hold harmless, or acquire any license or right for the benefit , or owe any other obligation or have (iny liability to, the other Party or its Affiliates orCustomer~ based on or arising from any Third Party Claim alleging or asserting that the provision, or use of any service, facility, arrangement, or software by either Party undertRis Agreement, or the performance of any service or method, either alone or in combination with the other Party, constitutes direct vicarious or contributory infringement or inducement to infringe, or misuse or misappropriation of any patent, copyright, trademark, trade secret, or any other proprietary or intellectual property right of any Party or third person. Each Party, however, shall offer to the other reasonable cooperation and assistance in the defense of any such claim. 22.NOTWITHSTANDlNGANYOTHER PROVISION OF THIS AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY WARRANTY , , EXPRESS OR IMPLIED , THAT THE USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT. 24. 25. 22.4 OneEighty agrees that the Services provided by Verizon hereunder shall be subject to the terms conditions and restrictions contained in any applicable agreements (including, but not limited to software or other intellectual property license agreements) between Verizon and Verizon s vendors. Verizon agrees to advise OneEighty, , directly or through a third party, of any such terms, conditionsor restrictions that may limit any OneEighty use ofa Service provided by Verizon that is otherwise permitted by this Agreement. At OneEighty's written request, tothe extent required by Applicable Law, Verizon will use Verizon s best efforts, ascommercially practicable, to obtain intellectual property rights from Verizon vendor to allow OneEightyto use the ServiCe in the same manner as Verizonthat are coextensive with Verizon s intellectual property rights, on terms andconditions that are equal in quality to the terms and conditions under which Verizon has obtained Verizon s intellectual property rights. OneEighty shall reimburse Verizon for the cost of obtaining such rights. 23.Joint Work Product The Principal Document is the joint work product of the Parties, has been negotiated by the Parties, and shall be fairly interpreted in accordance with its terms. In the event of any ambiguities, no inferences shall be drawn against either Party. Law Enforcement 24.Each Party may cooperate with law enforcement authorities and national security authorities to the full extent required or permitted by Applicable Law in matters related to Services provided by it under this Agreement, including, but not limited, the production of records, the establishment of new lines or the installation of new services on an existing line in order to support law enforcement and/or national security operations, and , the, installation of wiretaps, trap-and-tracefacilities and equipment, and dialed number recording facilities and equipment. A Party shall not have the obligation to inform the other Party or the Customers of the other Party of actions taken in cooperating with law enforcement or national security authorities, excepttoctheextent required by Applicable Law. 24. 24.Where a law enforcement or national security request relates to the establishment of lines (including, bufnotlimited to, lines established to supportinterception of communications on other lines), or the installation of other services, facilities or arrangements, a Party may act to prevent the other Party from obtaining access to information concerning such lines, services, facilitiesand arrangements, through operations support system interfaces. Liability 25.As used in this Section 25 , " Service Failure" means a failure to comply with adirection to install, restore or terminate Services under this Agreement, a failureto provide Services under this Agreement, and failures, mistakes, omissionsinterruptions, delays, errors, defects or the like, occurring in the course of theprovision of any Services under this Agreement. 25.Except as otherwise stated in Section 25., the liability, if any, of a Party, aParty's Affiliates, and the directors, officers and employees of a Party and aParty's Affiliates, to the other Party, the other Party's Customers, and to anyother person, for Claims arising out Ora Service Failure shall not exceed an amount equal to the pro rata applicable monthly charge for the Services that are subject to the Service Failure for the period in which such Service Failure occurs. Verizon ICA 25. 25.4 25. 25. 26. Verizon ICA Except as otherwise stated in Section 25.5, a Party, a Party's Affiliates, and the directors, officers and employees of a Party and a Party's Affiliates, shall not be liable to the other Party, the other Party'sCustomers, or to any other person , in connection with this Agreement (including, but not limited to, in connection with a Service Failure or any breach, delay or failure in performance, of this Agreement) for special, indirect, incidental, consequential, reliance, exemplary, punitive, or like damages, including, but not limited to, damages for lost revenues, profits or savings, or other commercial or economic loss, even if the person whose liability is excluded by this Section has been advised of the possibility of such damages. The limitations and exclusions of liability stated in Sections 25.1 through 25. shall apply regardless of the form of a claim or action, whether statutory, in contract, warranty, strict liability, tort (inoluding, but not limited to, negligence of a Party), or otherwise. Nothing contained in Sections 2~.1 through 25.4 shall exclude or limit liability: 25.1 under Sections 20, Indemnification, or 41 , Taxes. 25.2 for any obligation to indemnify, defend and/or hold harmless that a Party may have under this Agreement. 25.3 for damages arising out of or resulting from bodily injury to or death of any person, ordamage to , . or destruction or loss of, tangible real and/or personal property of any per$cm, or Toxic or Hazardous Substances, to the extent such damag~ ar'E! otherwise recoverable under Applicable Law; 25.5.4 for a claim for infringement of any patent, copyright, trade name, trade mark, service mark, or other intellectual property interest; 25.5 under Section 258 of the Actor any order of FCC or the Commission implementing Section 258; or 25.6 under the financial incentive or remedy provisions of any service quality plan required by the FCC or the Commission. In the event that the liability ofa Party, a Party's Affiliate, or a director, officer or employee of a Party or a Party's Affiliate, is limited and/or excluded under both this Section 25 and a provision of an applicable Tariff, the liability of the Party or other person shall be limited to theSO1?Uer of the amounts for which such Party or other person would be liable under this Section or the Tariff provision. 25.Each Party shall, in its tariffs and other contracts with its Customers, provide that in no case shall the other Party, the other Party's Affiliates, or the directors officers or employees of the other Party or the other Party's Affiliates, be liable to such Customers or other third-persons for any special, indirect, incidental consequential, reliance, exemplary, punitive or other damages, arising out of a Service Failure. Network Management 26.Cooperation. The Parties will work cooperatively in a commercially reasonable manner to install and maintain a reliable network. OneEighty and Verizon will exchange appropriate information (e;g.network information, maintenance contact numbers, escalation procedures, and information required to comply with requirements of law enforcement and national security agencies) to achieve this 27. 28. 29. 26. desired reliability. In addition , the Parties will work cooperatively in a commercially reasonable manner to apply sound network management principles to alleviate or to prevent traffic congestion and subject to Section 17, to minimizefraud associated with third number billed caHs, calling card calls, and otherservices related to this Agreement. ResponsIbility for FoJlowina Standards. Each Party recognizes a responsibility tofollow the standards that may be agreed to between the Parties and to employ characteristics and methods of operation that will not interfere with or impair the service, network or facilities of the other Party or any third parties connected with or involved directly in the network or facilities of the other. 26.Interference or Impairment.If a Party ("Impaired Party") reasonably determinesthat the services, network, facilities, or methods of operation, of the other PartyInterfering Party") will or are likely to interfere with or impair the Impaired Party' provision of services or the operation of the Impaired Party's network or facilitiesthe Impaired Party may interrupt or suspend any Service provided to the Interfering Party to the extent necessary to prevent such interference or impairment, subject to the following: 26.1 Except in emergency situations (e., situations involving a risk of bodily injury to persons or damage to tangible property, or an interruption in Customer service) or as otherwise provided in this Agreement, theImpaired Party shall have given the Interfering Party at least ten (10) days' prior written notice of the interference or impairment or potential interference or impaIrment and the need to correct the condition within said time period; and 26.4 26.2 Upon correction of the interference or impairment, the Impaired Party willpromptly restore the interrupted or suspended Service. The Impaired Party shall not be obligated to provide an out-of-service credit allowance or other compensation to the Interfering Party in connection with the suspended Service. Outaae Repair Standard. In the event of an outage or trouble in any Service being provided by a Party hereunder, the Providing Party will follow Verizon standard procedures for isolating and clearing the outage or trouble. Non-Exclusive Remedies Except as otherwise expressly prOvided in this Agreement, each of the remediesprovided under this Agreement is cumulative and is in addition to any other remedies that may be available under this Agreement or at law or in equity. Notice of Network Changes If a Party makes a change in the information necessary for the transmission and routing of services using that Party's facilities or network, or any other change in its facilities ornetwork that will materially affect the interoperability of its facilities or network with the other Party's facilities or network, the Party making the change shall publish notice of thechange at least ninety (90) days in advance of such change, and shall use reasonableefforts, as commercially practicable, to publish such notice at least one hundred eighty(180) days in advance of the change; prOvided, however, that ifanearlier publication ofnotice of a change is required by AppliCable Law (including, but not limited to, 47 CFR51.325 through 51. 335) notice shall be given at the time required by Applicable Law. Notices Verizon ICA 29. 30. Verizon ICA Except as otherwise provided in this Agreement, notices given by one Party to the other Party under this Agreement: 29.1 shall be in writing; 29.2 shall be delivered (a) personally, (b) by express delivery service with next Business Day deliVery, (c) by First Class, certified or registered S. mail, postage prepaid, or (d) by facsimiletelecopy, with a copy delivered in accordance with (a), (b) or (c), preceding; and 29.3 shall be delivered to the following addresses of the Parties: To OneEighty: Molly O'Leary Richardson & O'Leary O. Box 7218 515 North 27th Street Boise, ID 83702 Telephone Number. (208) 938-7902 Facsimile Number: (208) 938-79.04 Internet Address: molly~richardsonandoleary.com To Verizon: Director-ContractPerformance & Administration VerizGmWhelesale Markets 6.00 Hidden Ridge HQEWMNOTICES Irving, TX 75.038 TelephbneNumber. 972-718-5988 Facsimile Number: 972-719-1519 Internet Address: wmnotices~verizon.com with a copy to: Vice President and Associate General Counsel Verizon Wholesale Markets 1515 North Court House Road Suite 5.00 Arlington, VA 22201 Facsimile: 703-351-3664 or to such other address as either Party Shall designate by proper notice. Notices will be deemed given as of theearHer of (a) where there is personal delivery of the notrce, the d,ate afactualreceipt, (b) where the notice is sent via express delivery service for next Business Day delivery, the next Business Day after the notice is sent, (c) where the notice is sent via First Class U.S. Mail three (3) Business Day's after mailing, (d)Where notice is sent via certified or registered U,S. mail, the date ofr'eceipt shbwnonthe Postal Service receipt, and (e) where the notice is ~entviafacsithiletelecopy, if the notice is sent on a Business Day and befd~e5, PM. in the. tii'tlezoTle where it is received , on the date set forth , on the teleCQ~Y con~rtnatiqn, or if the notice is sent on a non-Business Day or ifthe notice is sent after 5PM in thi3 time zone Where it is received, the next Business Day afferthe datssetforthOnthe telecopy confirmation. Ordering and Maintenance 31. 32. 33. OneEighty shall use Verizon s electronic Operations Support System access platforms to submit Orders and requests for maintenance and repair of Services, and to engage inother pre-ordering, ordering, provisioning, maintenance and repair transactions. Verizon has not yet deployed an electronic capability for OneEighty to perform a pre- ordering, ordering, provisioning, maintenance or repair, transaction offered by VerizonOneEighty shaH use such other processes as Verizon has made available for performingsuch transaction (including, but not limited, to$ubrnission of Orders by telephonic facsimile transmission and placing trouble reports by voice telephone transmission). Performance Standards 31.Verizon shall provide Services under this Agreement in accordance with the performance standards required by Applicable Law, including, but not limited to Section 251 (c) of the Act. To the extent required by Appendix D, Section V , " Carrier-to-Carrier PerformancePlan (Including Performance Measurements)," and Appendix D, Attachment ACarrier-to-Carrier Performance Assurance Plan " of the Merger Order, Verizonshall provide performance measurement results to OneEighty. 31. 31.OneEighty shaH provide Services under this Agreement in accordance with the performance standards required by Applicable Law. Point of Contact for OneEighty Customers 32.OneEighty shaH establish telephone numbers and mailing addresses at which OneEighty Customers may comrnur'licatewith OneEighty and shaH adviseOneEighty Customers of these telephone numbers and mailing addresses. Except as otherwise agreed to by Verizon, Verizon shall have no obligation, andmay decline, to accept a communication from a OneEighty customer, including,but not limited to, a OneEightyCustomer request for repair or maintenance of a Verizon Service provided toOneEighty. 32. Predecessor Agreements 33.Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties: 33.1 any prior interconnection or resale agreement between the Parties for the State of Idaho pursuant to Section 252 of the Act and in effect immediately prior to the EffectiveDate is hereby terminated; and 33.2 any Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Idaho pursuant to Section 252 of the Act and in effect immediately prior to the Effective Date, shall as of the Effective Date be subject to and purchased under this Agreement. 33.Except as otherwise .agreed in writing by the Parties, if a Service purchased by aParty under a prior interconneGtion or resale agreement between the Parties pursuant to Section 252 of ~he Act Was subject to a contractual commitment that it Would be purch?sedfora~fjodof longer than one month, and such periodhad not yet expired as.ofthel;ffective Date. and the Service had not beenterminated prior to the EtfectiveDare, to the eXtent not inconsistent with thisAgreement, suChcommitmentshaH remainin effect and the Service will be purchased under this Agreement; proVided, that if this Agreement would Verizon ICA 34. 33. materially alter the terms of the commitment, either Party make elect to cancel the commitment. If either Party elects to cancel the commitment pursuant to the proviso in Section 33., the Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the Purchasing Party, the Providing Party shall be entitled to payment from the Purchasing Party of the difference between the price of the Service that was actually paid by the Purchasing Party under the commitment and the price of the Service that would have applied if the commitment had been to purchase the Service only until the time that the commitment was cancelled. Publicity and Use of Trademarks or Service Marks 34. 34. 34. A Party, its Affiliates, and their respective contractors and Agents, shall not use the other Party s trademarks, service marks, logos or other proprietary trade dress, in connection with the sale of products or services, or in any advertising, press releases, publicity matters or other promotional materials, unless the other Party has given its written consent for such use, which consent the other Party may grant or withhold in its sole discretion. Neither Party may imply any direct or indirect affiliation with or sponsorship or endorsement of it or its servic~or products by the other Party. Any violation of this Section 34 shall be considered a material breach of this Agreement. 35. References35. 35.2 All references to Sections, Appendices and EXhibits shall be deemed to be referenCes to Sections, Appendices and Exhibits of this Agreement unless the context shall otherwise require. Unless the context shall otherwise require, any reference to a Tariff, agreement technical or other document (including Verizon or third party guides, practices or handbooks), or provision of Appljcg$le Law, is to such Tariff, agreement document, or provision of Applicable Law, as amended and supplemented from time to time (and, in the case of a Tariff or provision of Applicable Law, to any successor Tariff or provision). 36. Relationship of the Parties36. 36.2 Verizon ICA The relationship of the Parties under this Agreement shall be that of independent contractors and nothing herein shall be construed as creating any other relationship between the Parties. Nothing contained in thi~Agreement ~hallm~keeither Party !heernployee of the other, create ' a partnership, joint venture, or other similar relationship, between the Parties, or grantto either Partyatranchise, distributorship or similar interest. 36.Except for provisions herein expressly authorizing a Party to act for another Party, nothing in this Agreement shall constitute a Party as a legal representative or Agent of the other Party, nor shall a Party have the right or authority to assume, create or incur any IiCipility or any oeligatiqnotany kind, express or implied, against, in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party in writing, which permission may be granted or withheld by the other Party in its sole discretion. 38. 39. 40. 36.4 36. 36. 37. Each Party shall have sole authority and responsibility to hire, fire, compensatesupervise, and otherwise control its employees, Agents and contractors. EachParty shall be solely responsible for payment of any Social Security or other taxes that it is required by Applicable Law to pay in conjunction with its employees, Agents and contractors, and for withholding and remitting to the applicable taxing authorities any taxes that it is required by Applicable Law to collect from its employees. Except as otherwise expressly provided in this Agreement, no Party undertakesto perform any obligation of the otller Party, whether regulatory or contractual, orto assume any responsibility for the management of the other Party's business. The relationship of the Parties under this Agreement is a non-exclusive relationship. 37. Reservation of Rights 37. Notwithstanding anything to the contrary in this Agreement, neither Party waivesand each Party hereby expressly reserves, its rights: (a) to appeal or otherwise seek the reversal of and changes in any arbitration decision associated with this Agreement; (b) to challenge the lawfulness of this Agreement and any provision of this Agreement; (c) to seek changes in this Agreement (including, but not limited to, changes in rates, charges and tile Services that must be offered) through changes in Applicable Law; and, (d) to challenge the lawfulness and propriety of, and to seek to change, any Applicable Law; including, but not limited to any rule, regulation, order or decision of the Commission , the FCC, or a courtof applicable jurisdiction. Nothing in this Agreement shall be deemed to limit or prejudice any position a Party has taken or may take before the Commission , theFCC, any other state or federal regulatory or legislative bodies, courts ofapplicable jurisdIction, or. in(ju$t(y fora. The provisions of this Section shall survive the expiration , cancellation or termination of thisAgreement. OneEighty acknowledges OneEighty has been advised by Verizon that it is Verizon s position that: 37.1 This Agreement contains certain provisions which are intended to reflect Applicable Law and Commission and/or FCC arbitration decisions; and 37.2 For the purposes of Appendix D, Sections 31 and 32, of the MergerOrder, such prOvisions shall not be deemed to have been voluntarily negotiated or agreed to by Verizon and shall not be available to carriers pursuant to Appendix D, Sections 31 and 32 of the Merger Order. Subcontractors A Party may use a contractor of the Party (including, but not limited to, an Affiliate of theParty) to perform the Party's obliga,tionsunder this Agreement; provided, that a Party'use of a contractor shall notrelease the Party frOm any duty or liability to fulfill the Party'obligations under this Agreement. Successors and Assigns This Agreement shall be binding on and inure to the benefit of the Parties and their respective legal successors and permitted assigns. Survival Verizon ICA The rights, liabilities and obligations of a Party for acts or omissions occurring prior to the expiration, cancellation or termination of this Agreement, the rights, liabilities and obligations of a Party under any provision of this Agreement regarding confidential information (including but not limited to, Section 10), indemnification or defense (including, but not limited to, Section 20), or limitation or exclusion of liability (including, but not limited to, Section 25), aM the rights, liabilities and oblig'ations of a Party under any provision of this Agreementwhich by its terms or nature is intended to continue beyond or to be performed after the expiration, canceHationor termination of this Agreement, shall survive the expiration , cancellation or termination of this Agreement. 41.Taxes 41. 41. 41. 41.4 Verizon ICA In General.With respect to any purChase hereunder of Services, if any federal state or local tax, fee, surcharge or other tax"like charge (a "Tax ) is required or permitted by Applicable LaW ora Tariff to be collected from the Purchasing Party by the Providing Party, then (a) the Providing Party shall properly bill the Purchasing Party for such Tax, (b) the Purchasing party shall timely remit such Tax to the Providing Party aM (9) the Providing Party shall timely remit such collected Tax to the applicable taxing authority. Taxes. Imposed on the Prbvidina party. With respect to any purchase hereunder of Services, if any federal, state or local Tax Is imposed by Applicable Law on the receipts ofthe Providing Party, and such Applicable Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communi~tionscompany("releCOmmunications Company such exclusion being ba~cls~lely on the fact that the Purchasing Party is also subj.ectto a tax based upon tec~ipts ("ReGei~ts Tax"), then the Purchasing Party (a) shall provide the ProvrQingPa.rtywith notice in writing in accordance with Section41;60fthis Agreemel1tof itsir'ltemtto pay the Receipts Tax and (b) shall timely p,ay the Receipts Tax tethe applicable tax authority. Taxes Imposed on Customers.With respect to any purchase hereunder of Services that are resold to a third party, if any federal, state or lOcal Tax is imposed byApplicab,le Law on the subscriber, ehd'-user , Customer or ultimate consumer ("Subscriber") in connection with any such purchase, which a TelecommunicationSCompCiny is required to impose and/or collect from a Sub~criber, then the Purchasing Party (a) Snail be required to impose and/or collect such Taxfrom the Subscriber and (b) shall timely remit such Tax to the applicable taxing authority. Liabilitv for Uncollected Tax. Interestand Penalty.If the Providing Party has not received an exemptioncerQficatefrornthePurchasing Party and the Providing Party fails to bill the Purch?sing Party for any Tax as required by Section 41.1 , then, as betWeen the providtngp:Cifly ar'lcfthe Purchasing Party, (a) the Purchasing Party shall remarnii~ijlefor sucnunbiliedTax and (b) the Providing Party shall be liable for anyinteresfassessed thereon and any penalty assessed with respect to such unbilled Tax by such authority. If the Providing Party properly bills the Purchasing Party for any Tax but the Purchasing Party fails to remit such Tax to the Providing Party as required by Section 41., then, as between the Providing Party and the Purchasing Party, the Purchasing Party shall be liable for such uncollected Tax and any interest assessed thereon, as well as any penalty assessed with respect to such uncollected Tax by the applicable taxing authority. If the Providing Party does not collect any Tax as required by Section 41.1 because the Purchasing Party has provided such Providing Party with an exemption certificate that is later found to be inadequate by a taxing authority, then, as between the Providing Party and the Purchasing 41. 41. Verizon ICA Party, the Purchasing Party shall be liable for such uncollected Tax and any interest assessed thereon, as weHas any penalty assessed with respectto such uncollected Tax by the applicable taxing' authority. If the Purchasing Party fails to pay the Receipts Tax as required by Section 41., then, as between theProviding Party and the Purchasing Party, (x) the Providing Party shall be liable for any Tax imposed on its receipts and (y) the Purchasing Party shall be liable for any interest assessed thereon and any penalty assessed upon the Providing Party with respect to such Tax by such authority. If the Purchasing Party fails to impose and/or collect any Tax from Subscribers as required' by Section 41.then, as between the Providing Party and the Purchasing Party, the Purchasing Party shall remain liable for such uncollected Tax and any interest assessed thereon, as well as any penalty assessed with respect to such uncollected Tax by theappHcable taxing authority. With respect to any Tax thatthe Purchasing Party has agreed to pay, or is required to impOse on and/or collect fromSubscribers, the Purchasing Party agrees to indertmify and hold the Providing Party harmless on an after-tax basis for any costs incurred by the Providing Party as a result of a9tions taken by the applicable taxing authority to recover the Tax from the Providing Party due to the failure ofthe Purchasing Party to timely pay.or collect and timely remit, such Tax to such authority. In the event either Party is audited by a taxing authority, the other Party agrees to cooperate fully with the Party being audited in order to respond to any audifin'qiJiriesin a proper andtimely manner so that the audit and/or any resulting controversy may be resolved expeditiously. Tax exemptions and Exemption Certificates. If Applicable Law Clearly exempts apurchase hereunderfrom a Tax, and if such Applicable Law also provides an exemption procedure, such as an exemption-certificate requirement, then, if thePurchasing Party complies with such procedure, the Providing Party shall notcollect such Tax during the effectivepenod of such exemption. Such exemption shall be effective upon receipt of t~eexemption certificate or affidavit in accordance with the ternis set forth in Section 41.6. If Applicable Law clearlyexempts a purchase hereunder from a Tax, but does not also provide an exemption procedure, then the Providing party shall not collect such Tax if the Purchasing Party (a) furnishes the Providing Party with a letter signed by an officer requesting such an exemption and citing the, provision in the ApplicableLaw which clearly allows such exemption and (b) supplies the Providing Party with an indemnificationagreement, reasonably acc~ptabJe to the Providing Party (e., an agreement COmmonly used in the industry), which holds the ProvidingParty harmless on an after-tax basis with respectto its forbearing to collect suchTax. All notices, affidavits, exemption-certificates or other communications required or permitted to be given by either Party to the other, for purposes of this Section 41shall be made in writing and shaH be delivered in person or sent by certified mail return receipt requested, or registered mail, or a courier service providing proof ofservice, and sent to the addressees set forth in Section 29 as well as to the following: To Verizon: Tax Administration Verizon Communications 1095 Avenue of the Americas Room 3109 New York, NY 10036 42. 43. To OneEighty: Finance Department 118 North Stevens Spokane, Washington 99201 Either Party may from time to time designate another address or other addressees by giving notice in accordance with the terms of this Section. Any notice or other communication shaH be deemed to be given when received. Technology Upgrades Notwithstanding any other provision of this Agreement, Verizon shall have the right to deploy, upgrade, migrate and maintain its network at its discretion. The Parties acknowledge thatVerizon, at Its eleCtion, rnaydeploy fiber throughout its network and that such fiber deployment may inhibitotfat:iGtate OneEighty's ability to provide service using certain technologies. Nothing in this Agreement shall limit Verizon s ability to modify its network through the incorporation of new equipment or software or otherwise. OneEighty shall be solely responsible for the cost and activities associated with accommodating such changes in its own network. Territory 43.This Agreement applies to the territory in which Verizon operates as an Incumbent Local ExchangeCamer inthe State ofl.daho. Verizon shaH be obligated to provide Services under this Agreement only within this territory. Notwithstanding any other provision of this Agreement, Verizon may terminate thisAgreementas to a specific operating territoryor portion thereof if Verizon sells or otherwise tranSfers its opera~onsrn such territory or portion thereof to a third-"person. Veitzoi1sh~nptovide t~n~~ightiwithat l~st9'Ocalendar days prior written notice of such terminatiori Whichshc~JlbeeffecflVe upon the date specified in the notice. 43. 44.Third ~arty B~neficiaries Except as expressly set forth in this Agreement, this Agreement is for the sole benefit of the Parties and their permitted assigns, and nothing herein shall create or be construed to provide any third-persons (including, but not limited to Customers or contractors of a Party) with any rights (including, but not limited to, any third-party beneficiary rights) hereunder. EXcept as expressly set forth in this Agreement, a Party shall have no liability under this Agreement to the Customers of the other Party or to any other th ird person. 45.251 and 271 Requirements 45.The parties agree that the performance of the terms of this Agreement will satisfy Verizon s obligations under Set:tion 251 of tl1e Act, and the requirements of the Checklist Onder SeCtion 271 of the Act. 45.The Parties understand and agree that this Agreement will be filed with the Commission and may thereafter be frIed with the FCC as an integral part of an application by Verizonor an Affiliate of Verizon pursuant to Section 271 (d) of the Act. In the eventthatany one orm0re ofthepr0visionscontained herein in Verizon s reasonabledeterminatiohis likely to adversely affect the application pursuant to Section 271(d) ofthe Act, the Parties agree to make the revisions necessary to eliminate such adverse effect on the application. Verizon ICA 47. 48. 49. 50. 46.252(i) Obligations 46.To the extent required by Applicable Law, each Party shall comply with Section 252(i) of the Act and Appendix D, Sections 30 through 32, of the Merger OrderMerger Order MFN Provisions~). To the extent that the exercise by OneEighty of any rights it may have under Section 252(i) or the Merger Order MFN Provisions results in the rearrangement of Services by Verizon, OneEighty shan be solely liable for all costs associated therewith, as well as for any termination charges associated with the termination of existing Verizon Services. 46. Use of Service Each Party shan make commercially reasonable efforts to ensure thatits Customerscomply with the provisions ofthisAgreement(including, butnotlimited to the provisionsof applicable Tariffs) applicable to the use of Services purchased by it under this Agreement. Waiver A failure or delay of either Party to enforce any of the provisions of this Agreement, orany right or remedy available under this Agreement or at law or in equity, or to require performance of any of the provisionsoHhis Agreement, or to exercise any option which is provided under this Agreement, shall in no way be construed to be a waiver of such provisions, rights, remedies or options. Warranties EXCEPT ASEXPRIESSLYSTATEQJNTHISAG~EEMENT, NEITHER PARTY MAKESOR RECEIVE:SANYWARRANTY, EXPR:ESS QRIMP~IED, V\(ITHRESPECTTOTHESERVICES PROVIDIED, OR TO~E PROVIDED, UNDER THI$AGREEMENT AND THE PARTIES DISCLAIM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TOWARRANTIES OF MERCHANTABtLiTY. WARRANTIES OF FITNESS FORA PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT, ANDWARRANTIES ARISING BY TRADE CUSTOM, TRADE USAGE, COURSE OFDEALING OR PERFORMANCE, OR OTHERWISE. Withdrawal of Services 50.Notwithstanding anything contained in this. Agreement, except as otherwiserequired by Applicable Law, Verizon may terminate its Offering and/or provision ofany Service under this Agreement upon thirty (30) days prior written notice to OneEighty. 50.Notwithstanding anything contained in this Agreement, except as otherwise required by Applicable Law, Verizon may with thirty (30) days prior written notice to OneEighty terminate any provision of this Agreement that provides for the payment by Verizon to OneEighty of compensation related to traffic, including,but not limited to, Reciprocal Compensation and other types of compensation fortermination of traffic delivered byVerizon to OneEighty. Following suchtermination, except as otherwise agreed in writing by the Parties, Verizon shall be obligated to provide compensation to OneEighty related to traffic only to the extent required by Applicable Law. If Veiizon exercises its right of termination under this Section, the Parties shall negotiate in good faith appropriate substitute provisions for compensation related to traffic; provided, however, that except asotherwise voluntarily agreed by Verizon in writing in its sole discretion, Verizon Verizon ICA Verizon ICA shall be obligated to provide cempensation to OneEighty related to traffic only to the extent required by Applicable Law. If within thirty (30) days after Verizon notice of termination the Parties are unable to agree in writing upon mutually acceptable substitute provisions for compensation related to traffic, either Party may submit their disagreement to dispute resolution in accordance with Section 14 of this Agreement. S'IGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date. ONEEIGHTY NETWORKS, INC. D/B/A ONEEIGHTY NETWORKS VERIZON NORTHWEST INC. By:By: Printed: Chad E. Skidmore Printed: Steven J. Pitterle Title: President And COO Title: Director - Contract Negotiations Verizon ICA GLOSSARY General Rule Verizon ICA The provisions of Sections 1.2 thrOugh 1.4 and Section 2 apply with regard to the Principal Document. Terms used in a Tariff shall have the meanings stated in the Tariff. Unless the context clearly indicates otherwise, when a term listed in this Glossary is used in the Principal Document, the term sha11 have the meaning stated in this Glossary. A defined term intended to convey the meaning stated in this Glossary is capitalized when used. Other terms that are capitalized, and not defined in this Glossary or elsewhere in the Principal Document, shaH have the meaning stated in the Act. Additional definition~ that are specific to the matters covered in a particular provision 'of thePnncjpal Dpcumentmay appear in that provision. To the extent that there may be any conflict between a definition set forth in this Glossary and any definition in a specific Ji)rovisiol1, the definition set forth in the specific provision shall control with respect to that provision. Unless the context clearly indlqates otherwise, any term defined in this Glossary which is defined or used in the singular shall incluae the plural, and any term defined in this Glossary which is defined or used in the plural shall include the singular. 1.4 The words "shall" and "will" Ci,re used interchangecibly throughout the Principal Document and the use of either' indicateS a mandatorY requirement. The use of one or the other shall not confer a different degree of right or obligation for either Party. Definitions Act. The Communications Act of 1934 (47 U.C. 9151 et seq.), as from time to time amended (including, but not limited to, by the Telecommunications Act of 1996). 2.2 ADSL (Asvmmetrical Diaital Subscriber Line). A transmission technology on twisted pair copper Loop plant, which transmits an asymmetrical digital signal of up to 8 Mbps toward the Customer and up to 1 Mbps from the Customer, as specified in ANSI standards T1.413-1998 and Bell Atlantic Technical Reference TR-72575. Affiliate. Shall have the meaning Setforth in the Act. 2.4 Aaent. An agent or servant. Aqreement. This Agreement, as defined in Section 1 of the General Terms and Conditions. Verizon ICA Ancillary Traffic All traffic that is destined for ancillary services, or that may have special billingrequirements, including but not limited to the following: Directory Assistance 911/E911 Operator Services (IntraLATA call completion), IntraLATA third party, collect and calling card 8001888 database query, LlDB, and Voice InformationServices Traffic as described in Section 5 6fthe Additional Services Attachment. ANI (Automatic Number Identification) The signaling parameter that refers to the number transmitted through the network identifying the billing number of the calling party. Applicable Law All effective laws, government rE;!gljlations and government orders, applicable toeach Party's performance of its obligations under this Agreement. ASR (Access Service Reauest) An industry standard form, which contains data elements arid usage rules used by the Parties to add, establish, change or disconnect services or trunks for the purposes of interconnec~on. BFR (Bona Fide Reauest) The processdescribed in the Network Element Attachment that prescribes theterms and co.nditions relating to a Party's request that the other Party provide a UNE that it is not otherwise required to provide under the terms of this Agreement. Business Day Monday through Friday, except for holidays. Calendar Quarter. January through March, April through June, July through September, or Octoberthrough December. Calendar Year. January through December. CCS (Common Channel Sianalina) A method of transmitting call set-up and network control data over a digital signaling network separate from the public switched telephone network facilities that carry the actual voice or data content of the call. Central Office. A local switching system for connecting lines to lines, lines to trunks, or trunks totrunks for the purpose of origin atingl terminating calls over the public switchedtelephone network. A single Central Office may handle several Central Office codes ("NXX"). Sometimes this term is used to refer to a telephone company building in which switching systems and telephone equipment are installed. 2.21 2.24 Verizon ICA Central Office Switch. A switch used to provide Telecommunications Services, including, but not limited , an End Office Switch or a Tandem SWitch. A Central Office Switch may also be employed as a combination End OfficelTandemOffice Switch. Claims Any and all claims, demands, suits, actions, settlements, judgments, fines, penalties, liabilities, injuries, damages, losses, costs (including, but not limited to court costs), and expenses (including, but not limited to, reasonable attorney fees). CLEC (Competitive Local Exchanae Carrier) Any Local Exchange Camerotherthan Verizon that is operating as a Local Exchange Carrier in the territory in whichVerizon operates as an ILEC in the State of Idaho. OneEighty is or shortly win become a CLEC. CLU Codes. Common Language Location Identifier Codes. CMDS (Centra:lized MessaaeDistributionSvstem) The billing record and clearing house transport system that LECs use to exchange out collects and in collects as well as Carrier Access Billing System (CABS) records. Commission. Idaho Public Utilities Commission. CPN (Callina Party Number) A CCS parameter that identifies the calling party's telephone number. CPNI (Customer Proprietary Network Information) Shall have the meaning set forth in Section 222 of the Act, 47 U.C. ~ 222. Cross Connection For a Collocation arrangement, the facilities between the collocating Party' equipment and the equipment or facilities of the housing Party (such as the housing Party's digital signal cross connect, Main Distribution Frame, or other suitable frame or panel). Customer A third party residence or business end-user subscriber to Telephone Exchange Services provided by either ofthe Parties. Diaital Sianal Level. One of several transmission rates in the time-division multiplex hierarchy. Verizon ICA DSO (DiQital SiQnal Level 0). The 64kbps zero-level signal in the time-division multiplex hierarchy. DS1 (Dia.ital Sianal Level 1). The 1.544 Mbps first-level signal in the time-division multiplex hierarchy. DS3 (Diaital Si~mal Level 3). The 44.736 Mbps third~level signal in the time--division multiplex hierarchy. EM! (ExchanQe Messaae Interface) Standard used for the interexchange of telecommunications message information between local exchange carriers and interexehange carriers for billable, non-billable, sample, settlement and study data. Data is provided between companies via a unique record layout that contains Customer billing information account summary and tracking analysis. EMI format is contained in document SR-320 published by the Alliance for Telcom Industry Solutions. End Office Switch or End Office. A switching entity that is used to terminate Customer station Loops for the purpose of interconnection to each other and to trunks. Entrance Facilitv The facilities between a Party's designated premises and the Central Office serving that designated premises. Exchanae Access Shall have the meaning set forth in the Act. Extended Local Gallina Scoce Arranaement. An arrangement that provides a Customer a local calling scope (Extended Area Service , " EAS") , outside of the Customer's basic exchange serving area. Extended Local Calling Scope Arrangements may be either optional or non- optional. "Optional Extended Local Calling Scope Arrangement Traffic" is trafficthat under an optional Extended Local Calling Scope Arrangement chosen by the Customer terminates outside of the Customer's basic exchange serving area. FCC The Federal Communications Commission. FCC Internet Order. Order on Remand and Report and Order In the Matter of Implementation of the Local Competition Provisibnsin the Telecommunicavons Act of 1996 IntercarrierCompensation for ISP Bound Traffic FCC 01-131 , CC Docket Nos. 96-98 and99-, (adopted April 18, 2001). FCC Reaulations 2.40 2.41 2.42 2.43 2.46 2.47 Verizon ICA The unstayed, effective regulations promulgated by the FCC, as amended from time to time. HDSL (Hioh-Bit Rate Diaital Subscriber Line) A transmission technology that transmits up to a DS1 level signal, using anyone of the following line codes: 2 Binaryl1 Quartenary (2B1 Q), Carrierless AM/PM Discrete Multitone (DMT), or 3 Binary/10ctal (380). IDLC (lnteorated Dioital Loop Carrier) A subscriber Loop carrier system that integrates within the switch at a DS1 level which is twenty-four (24) Loop transmission paths combined into a 1.544 Mbps digital signal. ILEC (Incumbent Local Exchanae Carrier) Shall have the meaning stated in the Act. Information.Access, The provision of specialized exchange telecommunications services in connection with the origination, t~rminat4on, transmission, switching, forwarding or routing of telecommunications traffic to or from the facilities of a provider of information services, including a provider of Internet access or Internet transmission services. Inside Wire or Inside Wirina All wire, cable, terminals, hardware, and other equipment or materials, on the Customer s side of the Rate Demarcation Point. Internet Traffic. Any traffic that is transmitted to or returned from the Internet at any point during the duration of the transmission. nterLA T A Service. Shall have the meaning set forth in the Act. IntraLATA Telecommunications that originate and terminate within the same LATA. IP (Interconnection Point) For Reciprocal Comj!)ensc;ltion.Traffic, the point at which a Party who receives Reciprocal Compensation Trafflc from tneother Party assesses Reciprocal Compensation charges for the further transport and termination of that Reciprocal Compensation Traffic. ISDN (lnteQrated Services DioitaINetwork) A switched network service providing eIid-to-end digital connectivity for the simultaneous transmission of voice and data. Basic Rate Interface-ISDN (BRI- ISDN) provides for digital transmission of two (2) 64 kbps bearer channels and 2.48 2.49 Verizon ICA one (1) 16 kbps data and signaling channel (2B+D). Primary Rate Interface- ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23) 64 kbps bearer channels and one (1) 64 kbps data and signaling channel (23B+D). IXC (lnterexchanae Carrier) A Telecommunications Garrierthat provides, directly or indirectly, InterLATA or IntraLATA Telephone Toll Services. LATA (Local Access and Transport Area). Shall have the meaning set forth in the Act. LEC (Local Exchanae Carrier). Shall have the meaning setforthin the Act. LERG (Local Exchanae Routina Guide) A Telcordia Technologies reference containing NPAlNXX routing and homing information. LlDB (Line Information DataBase). Line Information databases which provide, among other things, calling cardvalidation functionality for telephone line number cards issued by Verizon and other entities and validation data for collect and third number-billed calls(e. data for billed number screening). Line Side. An End Office Switch connection that provides transmission, switching andoptional features suitable for Customer connection to the public switched network, including loop start supervision , ground start supervision and signaling for BRI-ISDN service. Loop A transmission path that extends from a Main Distribution Frame, DSX-panel, orfunctionally comparable piece of equipment ina Customer's serving End Office to the Rate Demarcation Point (or NID if installed at the Rate Demarcation Point) in or at the Customer s premises. The actual transmission facilities used to provide a Loop may utilize any of several technologies. LSR (Local Service Reauest). An industry standard form, which contains data elements and usage rules, usedby the Parties to establish, add, change or disconnect resold T elecommunicatiohs Services and NetWork Elements. MDF (Main Distribution Frame) The primary point at which outside plant facilities terminate within a Wire Center for interconnection to other Telecommunications facilities within the Wire Center. The distribution frame used to Interconnect cable pairs and line trunk equipment terminating on a switching system. Verizon ICA Measured Internet Traffic. Dial-up, .switchedlntemet Traffic originated by a Customer of one Party on that Party's network at a point in a Verizon local calling area, and delivered to a Customer or an Internet Service Provider served by the other Party, on that other Party's network at a point in the same VerizOn lOcal calling area. Verizon localcalling areas. shall be as defined by Verizon. For the ,purposes of this definition , aVerizon localcamngar~ajncludes aVerizonnoo-optionalExtended Local CallingScope Arrangement, but does notinqlud~a Verizon, optionatExtended Local Calling ScopeArl'8ng.~ment. G~Jsorigincifed on a 1+ presubscription basis, or on a casuaLdialed (10XXX/101XXXX) basis, are not considered Measured Internet Traffic. MECAB (Multiple Exchana,eCarrierAccess BillingJ A 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 AIliCince for Tel~GornmulJi~tiQn~Ind!olstry&olutions (ATIS). The MECAB document, published by Tel cordia Technolbgies as Special Report SR- BDS-OO0983, contains the recommended guidelInes for the billing of an Exchange Access Service provided by two or moreLECs, or by one LEC in two or more states, within a single LATA. MECOD (Multiple Exchanae Carriers Ordering and Desian Guidelines for Access Services - ,Industry. SuoP,ortlnterfaceJ A documentdevelopedpy the Qrdering/Proyisioning Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Cornrnj~~~(9LG) of the Alliance for Telecommunications Industry Solutions (ATIS). The MECOD document published by Telcordia Teclmolog,ies as Special Report SR-STS-002643 establIshes methods for processing orders for Exchange Access Service that is to be provided by two or more LECs. Meraer Order. The FCC's Order "In reAppli~tion of GTE Gorporation, Transferor, and Bell Atlantic Corporation, Transferee , , For Consentto Transfer of Control of Domestic and International Section 214 and 31QAuthorizationsand Application to Transfer of a Submanl'le Gable Lan(iiingldcense , Memorandum Opinion and Order, FCC CC Docket No. 98-184, FCC 00-221 (June 16, 2000), as modified from time to time. NANP (North American NurnberinQ Plan). The system of telephone numberingiemployed;in the United States, Canada Bermuda, Puerto.Rico and certain Caribbean islands. The NANP format is a 10- digit number that consist of a 3-digit NPA Code (commonly referred to as the area code), followed by a 3-digit NXX code and 4 digit line number. Network Element. Shall have the meaning stated in the Act. NIDtNetw.ork Interface Device) The Verizon provided interface terminating Verizon s Telecommunications Verizon ICA network on the property where the Customer's service is located at a point determined by Verizon. The NID ~ontains an FCC Part 68 registered jack fromwhich Inside Wire maybe connectSd to Verizon snetwork. NPA (Numberina Plan Area) Also sometimes referred to as an areaeode, is the first three-digit indicator of each 1 O'-digit telephone number Within the NANP. There are two general categories of NPA , " Geographic NPAs" and "Non;.Geographic NPAs . AGeographic NPAis associated with a defined geographic area, and all telephonenumbers bearingsuchNPA are associated with services provided within thatgeographic area. A Non-Geographic NPA, also knoWn as a "Service AccessCode" or "SAC Code" is typically associated with a specialized Telecommunications Service that maybe provided across multiple geographic NPA areas. 500, 700, 800, 888 and 900 are examples of Non-GeographicNPAs. NXX. NXX Code. Central Office Code or CO Code The three-digit switch entity indicator (i.e. the first three digits of a seven-digit telephone number). Order. An order or application to provide, change or terminate aService (including, but not limited to, a commitment to purchase a stated number or minimum number of lines or other Services fo'ra stated period or minimum period of time). POI (Point of Interconnection). The physical location where the one Party'sfaeilities physically interconnect with the other Party's faeiHties for the purpose of exchanging traffic. Port A line card (or equivalent) and associated peripheral equipment on an End Office Switch that interconnects indfvidtia:1Loopsor individual Customer trunks with the switching components of an' End Office Switch and the associated switchingfunctionality in that End Office Switch. Each, Portis typically associated with one(or more) telephone number(s) that serves as the Customers network address.The Port is part of the provision of unbundled Local Switching Element. Principal Document. This document, including, but not limited to, the Title Page, the Table ofContents, the Preface, the General Terms and Conditions, the signature pagethis Glossary, the Attachments, and the Appendiees to the Attachments Providina Party A Party offering or providing a Service to the other Party under this Agreement. Purchasina Party A Party requesting or receiving a Service from the other Party under this Agreement. Verizon ICA Rate Center Area The geographic area that has been identified by a given LEC as being associated with a particular NPA-NXX code assigned to the LEC for its provision of Telephone Exchange Services. The Rate Center Area is the exclusive geographic area th~t the LEC l:1?$ Identified as the area withIn which it willprovide Telephone Exchcmge Services bearing the pCirticular NPA-NXX desi9nation associated with the specific Rate Center Area. Rate Center Point. A specific geographic point, defineciby a V&H coordInate, located within the Rate Center Area and used to measure distance for the purpose of billing for distance- sensitive Telephone Exchange Services and Toll Traffic. Pursuant to Telcordia Practice BR-795-100-100, the Rate Center Point may be an End Office location or a "LEC Consortium Point Of Interconnection. Rate Demarcation Point. The physical point in a Verizon provided network facility at which Verizon responsibility for maintaining that network faoilityends and the Customer's responsibility for maintaining the remainder of the facility begins, as set forth in this Agreement, Verizon sapplicable Tariffs, if any, or as otherwise prescribed under Applicable Law. Reciprocal Compensation The arrangement for recovering, in accordance with Section 251 (b)(5) of the Act the FCC Internet Order, and other appliCable FCC orders and FCC Regulations costs incurred for the transport and t~rmInation of Reciprocal Compensation Traffic originating on one Party's network and terminating on the other Party' network (as set forth in Section 7 of the Interconnection Attachment). Reciprocal Compensation Traffic Telecommunications traffic originated by a Customer of one Party on that Party' network and terminated toa Cu~Qmer of the other Party on, that other Party' network, except for Telecommunications traffic that is interstate or intrastate Exchange Access, Information Access, or exchange services for Exchange Access or Information Access. The determination of whether Telecommunications traffic is Exchange Access or Information Access shall be based upon Verizon s local calling areCiS as defined by Verizon. Reciprocal Compensation Traffic does not include: (1) any Internet Traffic; (2) traffic that does not originate and terminate within the same Verizonlocalcalling area as defined by Verizon; (3) Toll Traffic, including; but not limited to, calls originated on a 1 + presubscriptionbasis, or ona,casualdialed (1 OXXX/1 01XXXX) basis; (4) Optional Extended Local Calling Scope Arrangement Traffic; (5) special access private line, Frame Relay, A TM, or any other traffic that is not switched by the terminating Party; (6) Tandem Transit Traffic; or, (7) VoIce Information Service Traffic (as defined in Section 5 of the Additional Services Attachment). For the purposes of this definition, a Veri:z:on local calling area includes a Verizon non- Optional Extended LocaIOallingScope Arrangement, but does not include a Verizon optional Extel1ded local Calling Scope Arrangement Retail Prices Verizon lCA The prices at which a Service is provided by Verizon at retail to subscribers who are not Telecommunications Carriers. Routine Point. A specific geographic point identifjed by a specific V&H coordinate. The Routing Pointis used to route inbound traffic to specified NPA-NXXs. The Routing Point must be located within the LATA in which the corresponding NPA-NXX islocated. However, the Routing Point associated with each NPA-NXX need not be the same as the corresponding Rate Center Point,no.r must it be located within the corresponding Rate Center Area, nor must there be a unique and separate Routing Point corresponding to each unique and separate Rate Center Area. Service. Any Interconnection arrangement, Network Element, Telecommunications Service, Collocation arrangement, or other service, facility Or arrangement offered by a Party under this Agreement. SS7 (Sianalina System 7). The common channel out-of-band signaling protocol developed by the Consultative Committee for International Telephone and Telegraph (CCITT) and the American National Standards Institute (ANSI). Verizon and OneEighty currently utilize this out-of-band signaling protocol. Subsidiary A corporation or other person that is controlled by a Party. Switched Access DetailUsaae Data. A category 11 01XX record as defined in the EMl Telcordia Practice BR-01 0-200- 010. Switched Access SumniarvUsaae Data A category 1150XX record as defined in the EMf Telcordia Practice BR-01 0-200-010. Switched Exchanae Access Service The offering of transmission and switching services for the purpose of the origination or termination of ToUTraffic.Switched EXchange Access Services include but may notbelimited to: Feature Group A, Feature Group B, FeatureGroup D, 700 access, 800 access 888 access and 900 acces~. Tandem Switch, A switching entity that has billing and recording capabilities and is used to connect and switch trunk circuits between and among End Office Switches and between and among End Office Switches and carriers' aggregation points, pointsof termination , or points of presence, and to provide Switched Exchange Access Services. Tariff Verizon ICA 86.1 Any applicable Federal or state tariff of a Party, as amended from time- to-time; or 86.2 Any standard agreement or other document, as amended from time-to- time, that sets forth the generally available terms, conditions and prices under which a Party offers a Service. The term "Tariff does not include Ciny Verizon statement of generally available terms (SGA T) whichha~ been app,(qved or is pending approval by the Commission pursuant to Section 252(f) of the Act. Telcordia Technoloaies Telcordia Technologies, Inc., formerly known as Bell Communications Research Inc. (Bellcore). Telecommunications Carrier. Shall have the meaning set forth in the Act. Telecommunications Services. Shall have the meaning set forth in the Act. Telephone Exchanae Service Shall have the meaning set forth in the Act. Third Party Claim A CICiim where there is (a) a claim, demand, suit or action by a person who is not a Party, (b) a $ettlement with, judgment by, or liability to, a person who is not a Party, or (c) a fine or penalty imposed by a person who is not a Party. Toll Traffic Traffic that is origInated by a CuStomer of one Party on that Party's network and terminates to a Customer of the Q,therParty on that other Patty's network and is not Reciprocal COmp~f\sation Traffi'c, Mea$tlredlrit~ritetTtaffic, or Ancillary Traffic. Toll Traffic maybe either "Intra LATA Toll Traffic" or "InterLATA Toll Traffic , depending on whether the originating and terminating points are within the same LATA. Toxic or Hazardous Substance. Any substance designated or defined as toxic or hazardous under any Environmental Law" or that poses a risk to human health or safety, or the environment, and products and materials containing such substance. Environmental Laws" means the Comprehensive Environmental Response Compensation, and Liability Act, the Emergency Planning and Community Right- to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the Toxic Substances Control Act, the Resource Conservation and Recovery Act, the Occupational Safety and Health Act, and all other Federal, Sate or local laws or governmental regulations Or requirements, that are similar to the above- referenced laws or that otherwise govern releases, chemicals, products materials or wastes that may pose risks to human health or safety, or the environment, or that relate to the protection of wetlands or other natural resources. Traffic Factor 1. For traffic exchanged via Interccmnection Trunks, a percentage calculated by dividing the number of minuteS' of interstate traffic (eXcluding Measured InternetTraffic) by the total number of minutes of interstate and intrastate traffic. ((Interstate TrafficTotal Minut~ofU~e (eXClUding Meas!Jred Internet TrafficTotal Minutes of Use1'" (Inte~tate Tr~fficTotal Minutes of Use + Intrastate Traffic Total Minutes of Use1) X 100). Untilthefbrni of a Party'sbiHs is updated to usethe term "Traffic Factor 1 " the term "Traffic Factor 1" may be referred to on the Party s bills and in billing related communications as "Percent Interstate Usage or "PIU. Traffic Factor 2. For traffic exchange via Interconnection Trunks, apercentageoalculated bydividing the combined total number of minutes of Reciprocal Compensation Traffic and Measured Internet Traffic by the total number of minutes of intrastate traffic. (HReciprocal Compensation Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes of Use1...1ntrastate Traffic TetalMinutes of Use) x100). Until the form of a Party's bills is updated to use the term "Traffic Factor 2 the term 'Traffic Factor 2" may be referred to on the Party's bills and in billingrelated communications as "Percent Local Usage" or "PLU. Trunk Side. A Central Office Switch connection that is capable of, and has been programmed to treat the circuit as, connecting to another switching entity, fOr example, toanother carrier's network. Trunk side connections offer those transmission and signaling features appropriate for the connection of switching entities and cannot be used for the direct connectiOn .of ordinary telephone station sets. UDLC (Universal Dianal Loop Carrier) UDLC arrangements consist of a Central Office Terminal and a Remote Terminal located in the outside plant or at acustorner premises. The Central Office andthe RemoteTerminalunits perforrnanalog to digital conversions to allow thefeeding facility to be digjt~L UDLC is dep.loyed where the types of services to be provisioned by the systems cannot be integrated such as non-switched services and UNE Loops. V and H Coordinates Method. A method of computing airline miles between two points by utilizing an established formula that is based on the vertical and horizontal coordinates of the two points. Voice Grade. Either an analog signal of 300 to,3000 Hz ora digital signal of 56/64 kilobits persecond. When referring;todigitaIVo,i(;e Grade service (a 56-64 kbps channel),the terms "DSO" or Isub-DS1"may alsO be used. 100 Wire Center. Verizon ICA Verizon ICA A building or portion thereof which serves as the premises for one or more Central Office Switches and related facilities. ADDITIONAL SERVICES ATTACHMENT Alternate Billed Calls The Parties will engage in settlements of intraLA T A intrastate altemate-billed calls ~, collect, calling card, and third-party billed calls) originated or authorized by their respective Customers in accordance with an arrangement mutually agreed to by the Parties. Dialing Parity - Section 251(b)(3) Each Party shall provide the other Party with nondiscriminatory access to such services and information as are necessary to allow the other Party to implement local Dialing Parity in accordance with the requirements of Section 251 (b)(3) of the Act. Directory Assistance (DA) and Operator Services (OS) Either Party may request that the other Party provide the requesting Party with nondiscriminatory access to the other Party's directory assistance services (DA), IntraLATA operator call completion services (OS), and/or directory assistance listings database. If either Party makes such a request, the Parties shall enter into a mutually acceptable written agreement for such access. OneEighty shall arrange, at its own expense, the trunking and other facilities required to transport traffic to and from the designated DA and OS switch locations. Directory Listing and Directory Distribution To the extent required by Applicable Law, Verizon will provide directory services to OneEighty. Such services will be provided in accordance with the terms set forth herein. Listino Information As used herein , " Listing Information" means a OneEighty Customer's primary name, address (including city, state and zip code), telephone number(s), the delivery address and number of directories to be delivered, and, in the case of abusiness Customer, the primary business heading under which the business Customer desires to be placed, and any other information Verizon deems necessary for the publication and delivery of directories. ListinQ Information Supply OneEighty shall provide to Verizon on a regularly scheduled basis, at no chargeand in a format required by Verizon or by a mutually agreed upon industry standard (e., Ordering and Billing Forum developed), all Listing Information and the service address for each OneEighty Customer whose service address location falls within the geographic area covered by the relevant Verizon directory. OneEighty shall also provide to Verizon on a daily basis, (a)information showing OneEighty Customers who have disconnected or terminated their service with OneEighty; and (b) delivery information for each non-listed ornon-published OneEighty Customer to enable Verizon to perform its directory distribution responsibilities. Verizon shall promptly provide to OneEighty,(normally within forty-eight (48) hours of receipt by Verizon , excluding non-Business Days), a query on any listing that is not acceptable. Verizon ICA 4.4 Verizon ICA ListinQ ,ln0lusionand Distribll'tion Verizonsh~1I includeec1ch, OneEighty Customer's Primary Listing in the appropriat~alphabeticaLdirectory an:ql, for business pustomers, in the appropriate classified (Xellow Pages) directory in accordance with the directory configuration, scope"andschedules determined by Verizon in its sole discretion and shan provide initial,cjJstribution of such dir;ectories to sLichOneEighty Customers in the same manneritprovidesjnitial distribution of such directories to its own Customers. "Primary Listing" means a Customer's primary name address, and telephone number. Listings of OneEighty's Customers shall be interfiled with listings of Verizon s Customers and the Customers of other LECs included in the Verizondirectories.OneEighty shaH pay Verizon s tariffed charges for additional and foreign a.1~Aabetical Hstingsand other alphabetical services (e,g. caption arrangements) for OneEighty's Customers. VerizoA 'nformation. Upon request by One Eighty, VeriZO(IShall make available toOneEighty the following information to the eXtent that.Verizon.provides such information to its own business offices: a directory list of relevant NXX codes, directory and Customer Guide" close dates, publishing data, and Yellow Pages headings. Verizon also will make available to OneEighty, upon written request, a copy of Verizon s alphabetical listings standards and specifications manual. Confidentiality of List in a Information. Verizon shall accord GmeEi.ghtyJ,..isting Information the same level of confidentiality that Verizon accords its own listinginformCitiGn , and shall use such Listing Informationsol~y forthe p.urp,oseof providing directory-related services; provided,however, that should V~r;izon elect to do so, it may use or license On~ighty Li$tingJnformatlcmforGHr~ctorypublishingj direct rnarketing, or any other purpose for whichVerizonuseser(icenses its own tisting information, so loAgas OneEighty Custornersare notseparately identified as such; and provided furtherthatOneEightymayiejentify those of its Customel'Swho request that their names not be sold fordirectrnal'keting purposes , and Verizon shall honor such requests to the same ~xtefltitd~es'so for its own Customers. Verizon shall not be obligated to compen~t~ OneEightyfor Verizon s use or licensing of OneEighty Listing Information. Accuracy Both Parties shall use commercially reasonableeffor:ts to ensure the accurate publication of OneEighty Customer listings. At OneEighty's request, Verizon shall provide OneEighty with a report of all OneEightyCustomer listings normally no more than ninety (90) days and no less than thirty (30) days prior to the service order close.datefgT"theapplicabledirectory. Verizon shall process any corrections made byOne'Eightywit/1respeqt to its listings, provided such corrections are received prior to the Close date of the particular directory. Indemnification. OneEighty shall adhere to all practices standards, and ethical requirements established by Veri.zonwith regard to listings; By providing Verizon with Listing Information, OneEi.ghty warrants toVerizenthatOneEightyhas the rig ht to provide such Listing Information to Veriz0f),on beh~lfofitsCustomers. OneEighty shall make commercially reasonablee1Tortsto ensure that any business or person to be listed is authorized and has the right (a) to provide the product or service offered, and (b) to use any personal or corporate name, tradename, trademark, service markotlanguage used in the listing. OneEightyagrees to release, defend, hold harmless arid indemnify Verizon from and against any and all claims, losses, damages, suits; or other actions, or anyliability whatsoever, suffered , ' made, Instituted orassettedby any person arisingout of Verizon s publication or dissemination of the Listing Information as provided by OneEig'hty 'hereunder. LiabilitV Verizon s liability to OneEighty in the event of a Verizon error in or omission of a listing shall not exceedthelesseroftheamount ofcharges:ae1:ually paid by OneEighty forsucn listing or the amount by which Veriz-on would be liable to itsown customer for such error or omission. One Eighty agrees to take all reasonable steps, including, but not limited to, entering intoap.propriate contractual provisions with its Customers, to ensure that its and Verizon s liabilityto OneEighty's Customers in the event of a Verizonerror in or omission of a listing shall be subject to the same limitations of liability applicable between Verizonandits ownCListdmers. Service Information 'Pacl~ Verizon shall include all OneEighty NXX codes associated with the geographic areas to which each directory pertains, to the extent it does so for Verizon s ownNXX codes, in any lists of such codes that are contained in the general reference portion of each directory. OneEighty's NXX codesshallappearin such lists inthe same mannerasVerizon sNXXinformation. In addition, When OneEighty is authorized to, and is offering, local service to Customers located within the geographic area covered byaspecffic directory,atOneEighty's request, Verizon shall include, atnocharge irithe"Cust6merGuide or comparable section of the applicablealphabetical diteCtones; On~E:ighty's critical contact information for OneEighty"sinstaliation; repairandG1istomer service , , as provided by OneEighty.Such cnticalcontact information'shall appear alphabeticallyby:local exchange carrier and in accordance withVeriiZon1s generally applicable'policies. OneEighty shall be responsible for providIng the necessary infOrmatibntoVerizon by the applicable close date for each affected directory. Directory Publication Nothing in this Agreement shall require Verizon to publish a directory where it would not otherwise do so. Other Directory Services OneEighty acknowledges that if OneEightydesires directory services in addition to those described herein, such additional services must be obtained under separate agreement with Verizon s directory publishing company. Voice Information Service Traffic Verizon ICA For purposes of this Section 5, (a) Voice Information Service means a service that provides Ii) recordedvoiceahnouncementinformationor (iila vocal discussion program open to the ptlblic, and (b) Voice Information Service Traffic meansintraLA T A sWitched voice traffic delivered to a Voicer Information Service. Voice Information Service Traffic does not include any form of Intemet Traffic. Verizon ICA Voice Information Service Traffic also does not include 555 traffic or similar traffic with AIN service interfaces, which traffic shall be subject to separate arrangements between the Parties. Voice Information ServiCe Traffic is not subject to' Reciprocal Compensation charges under Section 7 the Interconnection Attachment. If a OneEighty Customer is served by resold Verizon dial tone line Telecommunications Service or aVerizOn Local Switching UNE, to the extent reasonably feasible, Verizon will route Voice Information Service Traffic originating from such Service or UNE to the appropriate Voice Information Service connected to Verizon s network unless a feature blocking such Voice Information Service Traffic has been installed. For such Voice Information Service Traffic, OneEighty shall pay to Verizon without discount any Voice InformationServiceptbvidercharges billed by VeritZ:6n to OneEighty. OneEighty shall pay Verizon such charges in full regardless of whether or not OneEighty collects such charges from its own Customer. OneEighty shall have the option to route Voice Information Service Traffic that originCites on its own network to the appropriate Voice Information Service connected to Verizon s network. In the event OneEi,ghty exercises such option OneEighty will establish, at its oWn expense, a dedicated trunk group to the Verizon Voice Information Service s~rving s'!\litch. This trunk group will be utilized to allow o.neEig'htytO'routeV(ji~$lnformatibtl$ervice Traffic originated on its network to VerizOn. ForsuchV6iceinformauonService Traffic, unless OneEighty has entered intO a written agreement with Verizon under which OneEighty will collect from OneF;;!gh~sGLJs.tomer .anc:l remit to Verizon the Voice Information Service providerso~~ar.g~,GneEightyshall pay to Verizon without discount any Voice Information SeMceprovider charges billed by Verizon to OneEighty.OneEiQ:hty gRaIl pay Venzon such charg~ in full regardless of whether or not OneEighty collects such charges from its own Customer. Intercept and Referral Announcements When a Customer changes its service provider from Verizon to OneEighty, or from OneEighty to Y:erizon , and do~s not retain itsoriginal telephone number, the Party formerlyprov't~iMg:setvtGe to $uchOu$tQmer shall provide a referral announcement fA-referral Announcem$nt") on the abandoned telephone number which provides th$ Customer'snew number or otherappropriate information, to the extent known to the Party formerly pr6Vidingservice. Notwithstanding the foregoing, a party shall not be obligated under this Section to provide a Referral Announcement if the Customer owes the Party unpaid overdue amounts or the Customer requests that no Referral Announcement be provided. Referral Announcem~ntss.h~Jlbe pr:ovic:led~ in the case of business Customers for a period of not Ie$, than ()1'1e h~nared and twenty (120) days after the date the Customer chang.esitS'~eleiph()hertlltnber, and, in th$case of residential Customers, not less than thirty (3~f~~Ysafter the date the Customer changes its telephone number,provideG tha:tif\alo~er time period is required by Applicable Law; such longer time periOd shall apply . Except as Otherwise provided by Applicable Law, thepertod for a referral may be shortened by the Party formerly providing service if a number shortage condition requires reassignment of the telephone number. This referral announgement will b~ ptovieled by e'8chParty at no charge to the other Party; provided that ~he PartY formerlY providing service may bill the Customer its standard Tariff charge, if any, for the referral announcement. Originating Line Number Screening (OLNS) UponOneEighty's request, Verizon will update its d~tabase used to provide originating line number screening (the database ofinformatibn which indicates to an operator the acceptable billing methods for calls originating from the calling number (e., penalinstitutions, COCOTS). Operations Support Systems fOSS) Services Definitions. The terms listed below shall have the meanings stated below: Verizon Operations Support Systems:Verizon systems for pre-ordering, ordering, provisioning, maintenance and repair, and billing. Verizon ass Services: Access to Vetizon Operations Support Systems functions. The term "Verizon ass Services" includes, but is not limitedto: (a) Verizgo s provision of One Eighty Usage Information to OneEighty pursuant to $ection 8.3 below; and, (b) "Verizon ass Information , as defined in Section 8.1.4 below. Verizon ass Facilities: Any gateways, interfaces, databases, facilities equipment, softWare, or systems, used by Verizor1 to provide Verizonass Services to OneEighty, 1.4 Verizon ass Jnforrnati.ort Any informationacc~ed by, or disclosed or prbviped to One~lghty througn or asa part ofVerizon ass Services. The term "Verizort dSSlnrormation" includes, but is not limited to: (a) any Customer InfOrril(3.tioh related to a Verizon Customer or a OneEighty Customer accessed by,br disclosed or provided to OneEighty through or as a part of Verizon ass Services; and, (b) anyOneEighty Usage Information (as defiiled in Section 8.6 below) accessed by, or disclosed or provided to, OneEighty. 8..VerizonRetaii TelecomtnunicationsSetvice:Any Telecommunications Service that VetizQn provides at retail to subscribers that are not Telecommunications Carriers. The term "Verizon Retail Telecommunications S~rvice" does not include any Exchange Access ser\f,ice(as defined in SectiOn 3(16) of the Act, 47 U.C. 9 153(16)) provided by VerizOn. OneEiahtv Usaae Information: For a Verizon Retail Telecommunications Service purchased by OneEighty pursuant to the Resale Attachment the usage inforrnation that Verizon would record ifVerizon was furnishing such Ve,rizon Retail Telecornmunic:atiohS Service to aVerizon end-user retail Customer. FOra Verizon Local SwitchingNetwork Elementputchcasedby OneEighty pursuantto the Network Element Attachment, the usage information thatVerizOn would record if Verizon Vias using such Local Switching Network Element to furnish a Verizon Retail TelecommunicatiOns SerVice tdaVerizon end-userretail Customer. Customer Information:CPNI of a Customer and any other non-publicindividually identifiable information about a Customer or the purchase by a Customer of the services or products of a Party. Verizon ICA Verizon ICA Verizon ass Services. 1 Upon request by QneEi.ghty, Verizon shaH provide to OneEighty Verizon OSSServices. $uchVerizon OSSServices will be provided in accordance with, but only to the extent required by, Applicable Law. Subject to the requirements of Applicable Law, Verizon Operations Support Systems, Verizon pperations Support Systems functions Verizon ass Facilities, VerizonpSS Information, and the Verizonass Services thatwiH be offered by Verizon, shall be as determined by Verizon. Subject to the requirements of Applicable Law, Verizon shall havethe ri9htto changeVerizon Operations Support Systems Verizon OperatiotlsSupport Systems functions, Verizon ass Facilities, Verizon ass Information, and the Verizon ass Services, from time-to-time, without the consent of OneEighty. 3 To the extent required by Applicable Law, in providing Verizon ass Services to OneEi~hty, Verizon wHI comply with Verizon s applicable ass Change Management Guidelines, as such Guidelines are modified from time-to-time, including, but not limited to, the provisions of the Guidelines related to furnishing notice. of cltanges in Verizonass Services. Verizori's ass Change Management Guidelines will be set out on a Verizon website. OneEiahtv Usaae Information 1 Upqn request by OneEighty,Verizon shall provide to OneEighty OneEighty Usage Information. Such OneEighty Usage Information will be provided in accordance with, but only to the extent required by, Applicable Law. 3.2 OneEighty Usage Information will be available to OneEighty through the following: 3.2.Daily Usa\i1e File on Data Tape. Daily Usage File through Network Data Mover (NDM). OneEighty Usage Information will be provided in an Alliance for Telecommunications Industry Solutions EMI format. 3.4 Daily Usage File Pata Tapes provided pursuant to Section 8.1 above will be is$uedeach day, Monday through Friday, except holidays observed by Verizon. 8.4 Except as stated in this$ection 8., subject to the requirements of Applicabl.e laW, the manner in which, and the frequency with which OneEighty Usage JhformationWilI be provided to OneEighty shall be determined by Verizon. Access to and Use of Verizon ass Facilities. 8.4.1 verizonOSS Facilities may be accessed and used by OneEighty only to the extent necesSary for OneEig;hty's access to and use of Verizonass Services pursuant to this Agreement. 8.4.Verizon ass Facilities may be accessed and used by OneEighty only to provide Telecommunications Services to OneEighty Customers. Verizon ICA 8.4.OneEighty shall restrict access to and use of Verizon ass Facilities toOneEighty. This Section 8 does not grant to OneEighty any right or license to grant sublicenses to other persons, or permission to other persons (except OneEighty's employees, agents and contractors, inaccordance with Section 8.4. 7 below), to access or use Verizon assFacilities. 8.4.4 OneEighty shall not (a) alter, modify or damage the Verizon assFacilities (including,bdfnot (imitedto, Verizon software), (b) copy, remove, derive, reverse engineer, or decompile, software from the Verizon ass Facilities, or (c) obtain access through Verizon ass Facilities to VerizOn databases, facilities, equipment, software, orsystems, which ate not offered for OneEighty's use under this Section 8.4.OneEighty shall comply with all practices and procedures established by Verizon for access to and use of Verizon ass Facilities (including, but notlirn,ited to, Verizon practices and procedures with regard to security and use of access and user identification codes). 8.4.All practices and procedures for access to and use of Verizon ass Facilities, and all access and user identification codes for Verizon assFacilities: (a) shall remain the propertyofVerizon; (b) shall be used by aneEighty only in connection with OneEighty's use of Verizon ass Facilities permitted by this Section 8; (c) shall be treated by OneEighty as Confidential Information of Verizon pursuant to Section 10 of the General Terms and Conditions; and, (d) shall be destroyed or returned by OneEighty to Verizon upon the earlier of request by Verizon or the expiration or termination ofthis Agreement. 8.4.7 OneEighty's employees, agents and contractors may access and use Verizon ass Facilities only to the extent necessary for OneEighty' access to and use of the Verizon ass Facilities permitted by this Agreement. Any access to or use of Verizon ass Facilities by OneEighty's employees, agents, or contractors, shall be subject to the provisions of this Agreement, including, but not limited to, Section 10 of the General Terms and Conditions and Section 8.3 of thisAttachment. Verizon ass Information. Subject to the provisions of this Section 8, in accordance with, but only tothe extent required by, Applicable Law, Verizon grants to OneEighty a non-exclusive license to use Verizon ass Information. All Verizon ass Information shall at all times remain the property of Verizon. Except as eXpressly stated in this Section 8, OneEighty shall acquire no rights in or to anyVerizon ass Information. The provisions of this Section 8.2 shall apply to all Verizon ass Information, except (a) OneEighty Usage Information , (b) CPNI of OneEighty, and (c) CPNI of a Verizon Customer or a OneEighty Customer, to the extent the Customer has authorized OneEighty to use the CPNI. Verizon ICA 2.4 Verizon OSSlnformation may be accessed and used by On~IEigl1ty only to provide Telecommunications Services to OneEighty Customers. One Eighty shall treat Verizon ass Information that is d~i.gnatE!dbYVerizon, through written or electronic notice (inc!uding, but not limited to, through the Verizon ass Services), as:Coofidential" or "Proprietary" as Confidential Inforrnat(6n of V~rizbn pursuant to Section 10 of the General TerrhsandConditions. Except as expressly stated in this Section 8, this Agreement does not grant to OneEighty any right or license to grant sublicenseS to other persons, or permission to other persons (except One'Eighty's employees, agents or contractors, if! accordance with Section 8.5 below), to access ' use or disClose Verizon ass Information. OneEighty's employees, agents and contractors may acceS$, use. and disclose Verizon ass Information only to the extent necessary for OneEighty's access to, and use and diSClosure of Yerizon ass Information permitted by this Section 8. Any access to, or use or disclosure of Verizon ass Information by OneEighty's employees agent$or cqntJ$lc;tor~, shall be~ubject to the provisions of this Agreeinent,ihpllldlrig, blitnot limited to, Section 10 of the General Terrrtsand Conditions and Section 8. above. OneEighty's license to useVerizon ass Information shall expire upon the earliest of: (a) the time when the Verizon OSSlnform~~ion)$no 10ngE!r nE!eded by OneEighty to pro"icl~TeJ~Qr:tJml4l1icp:~ioJI$~~rvices to OneEighty Custornel?;j(b).terrhina~or'ofthE! license in accordance with this Sectiof! 8; or (c) .expiration or termination of this Agreement. All Venzon ass Information received by OneEighty shall be destroyed or returned by One Eighty to Verizon, upon expiration, $u$penSionor termination of the license to use such Verizon O'SSlnformatlon. Unless sooner termil"lCited or suSPended in accordance with this Agreement or this Section 8 (inpluding, but not limited to, Section 2.2 of the General Terms andConditi6ns. and Section 8.1 below), OneEighty's access to Verizon OSSlnforrnation through Verizon ass Services shall terminate upon the expiration or termination of this Agreement. 5.4 Audits 5.4.Verizon shall have the right (but not the obligation) to audit OneEighty to ascertain whether OneEighty is complying with the requirement~ of Applicable Law and this Agreement with regard to OneEIghty 's acceSs to, and use and disclosure of, Verizon O$S Information. Verizon ICA 5.4.Withoutinany way limiting any other rights Verizon may haveuriderthis Agreement or Applicable Law, Verizon shallhave the right (butnot the obligation) to monitor OneEighty s access to and use ofVerizon ass Information which is made available by Verizon to OneEighty pursuant to this Agreement, to ascertain whether OneEighty is complying with the requirem~nts of Applicable Law and this Agr~ement, with regard to OneEighty 's access to, and use ami disclosure of, such Verizon ass Information. The foregoing right shall include, but not be limited to, the right (but not the obligation) to electronically monitor OneEighty s acc~.S$ to and uSe of Verizoh ass Information which is made available by Verizon to OneEighty through Verizon OSSFacilities. 5.4.Information obtained by Verizon pursuant to this Section 5.4 shall be treated by Verizon as Confidential Information of OneEighty pursuant to Section 10 of the General Terms an(i Cqng.itions;provided that, Verizon shall have the right (bwt n()~tl;l.~()J)lig~tiC)n) to use and disclose information obtainedJ)Y Verizon pursuant to this Section 8.5.4 to enforGe Verizon s rights under this Agreement or Applicable Law. OneEighty acknowledges that the Verizon ass Information, by its nature, is updated and corrected on a continuous basis by Verizon and ther~fore thatVerizon ass Information is subject to change from time to time. Liabilities and Remedies. 1 Any breach by OneEighty, or OneEighty's employees, agents orcontractorsoftheprovisioT'ls of Sections 8.4 or 8.5 above shall be deemed a material breach bfthis Agreement. In addition, if OneEighty or an employee, agent or contractor of OneEighty at any time breaches a provision of Sections 8.4 of8.5 above and such breach continues for more than ten (10) days after written notice thereof from Verizon, then exqeptas otherwi$e requireq by Applicable Law, Verizon shall have the right, upon notice toOneEighty, to suspend the license to use Verizon 0$$ Information granted by Section 8.1 above and/or the provision ofVerizoh ass Services, in whole or in part. 6.2 OneEighty agrees that Verizon would be irreparably injured by a breach of Sections ~.4 or 8.5 above by OneEigbty or the employees, agents orcontractors of OneEighty, and that VerizonshaH be entitled to seek equitable relief intluding injOnctiverellefaOd specific performance, inthe event of any such breach. Such remedies shall not be deemed tobe the exclusive remedies for any such breach, but shall be in additionto any other remedies available under this Agreement or at law or in equity. Relation to Applicable Law The provisions of Sections 8.4 5 and 8.6 above with regard to the confidentiality of inforrT1ation shall be in addition to and not in derogation of any provisions of Applicable Law with regard to the confidentiality of information including, but not limited to, 47 U.C. ~ 222, and are not intended to constitute a Verizon ICA waiver by Verizon of any right with regard to protection of the confidentiality of the information of Verizon or Verizon Customers provided by Applicable Law. Cooperation OneEighty, at OneEiQ,l:1ty's expense, shall reasonably cooperate with Verizon in using Verizon ass Services. Such cooperation shall include, but not be limited to, thefellowing: Upon request by Verizon, OneEighty shall by no later than the fifteenth (15th) day of the last month of each Calendar Quarter submit to Verizon reasonable, g.ood faith estimates of the volume of each type ofass transaction that OneEighty anticipates submitting in each week of the next Calendar Quarter. OneEighty shall reasonably cooperate with Verizon in submitting orders for Verizon Services and otherwise using the Verizon ass Services, in order to avoid exceeding the capacity or capabilities of such Verizonass Services. OneEighty shall partiqipate in cooperative testing of Verizon ass Services and shall provide assistance to Verizon in identifying and correcting mistakes, omissions, interruptions, delays, errors, defects faults, failures, or other deficiencies, in Verizon ass Services. Verizon Acc.ess to. Information Related to OneEiahtv C.ustomers Verizon sMall have the right to access, use and disclose information related to OneEighty Customers that is in Verizonspossession (including, but not limited to , in Verizon ass Facilities) to the extent such access, us.eand/or disclosure has been authorized by the OneEighty Customer in the manner required by Applicable Law. Upon request,lDy Veri~ol'l, OneEiQhty shall negotiCite in good faith and enter into a contr~ctwi,~h,Verizqn, pursuantto whIch Verizon may obtain access tooneEighty!s Qperation~support syStems (including, systems forpr;~orderin.g\ordering" provisioning" maintenance and repair, andlDHling) and information contained in such systems, to permit Verizon to obtain information related to OIJ~Eighty Customers (as authorized by the applicable OneEighty Customer), to permit Customers to transfer service from one Telecommunications Carrier to another, and for such other purposes as may be permitted by Applicable Law. Verizon Pr~OSSSetvices. 10.1 As used in this Section 8 , " Verizon Pre-aSS Service" means a service which allows the performance of an acti\li~ VVhich is comparable to an activity to be performed through aVerizon ass Service and which Verizon offers to provide toOn$Eig!hty priorto, or in lieu of, Verizon provision of the \:terizon O~S Service to OneEighty. The term "Verizon Pre-aSS Service include$; but is not limited to, the activity of placing orders for Verizon Services through a telephone facsimile communication. 10.2 Subject to the requirements of Applicable Law, the Verizon Pre-aSS Services that win be offered by Veriiiron shall be as determined by Verizonand Verizon shall have the right to change Verizon Pre-aSSServices, from time~to~time, without the consent of OneEighty. 10.3 Subject to the requirements of Applicable Law, the prices for Verizon Pre-aSS Services shall be as determined by Verizon and shall be subject to change by Verizon from time-to-time. 10.4 The provisions of Sections 8.4 through 8.8 above shall also apply to Verizon Pre-aSS Services. For the purposes of this Section 8.10: (a) references in Sections 804 thro.ugh 8.8 above to Verizan ass Services shall be deemed to include Verizon Pre-aSS Services; and, (b)references in Sections 8.4thro.ugh 8.8 above to Verizon ass Information shall be deemed to include information made available to OneEighty through Verizon Pre-aSS Services. Cancellations. Verizon may cancel orders for service which have had no activity within thirty-one (31) consecutive calendar days after the original service due date. Poles, Ducts, Conduits and Rights-of-Way 10. Verizon shall afford OneEighty non.,.discriminatoryaccess to poles, ducts conduits and rights-of-way owned or controHed by Verizon. Such access shall be provided in accordance with, but only to the extent required by, Applicable Law pursuant to. Verizon s applicable Tariffs, or" in the absence of an applicable Verizon Tariff, Verizon s generally offered form of license agreement, or, in the absence of such a Tariff and license agreement, a mutually acceptable agreement to be negotiated by the Parties. OneEighty shall afford VerizOn non.,.discriminatory access to poles, ducts conduits and rights-of-way oWned ar controUed by OneEighty. Such access shall be provided pursuant to OneEighty's applicable Tariffs, or, in the absence of an applicable OneEighty Tariff, OneEighty's generally offered form of license agreement, or, in the absence of such a Tariff and license agreement, a mutually acceptable agreement to. be negotiated by the Parties. The terms, conditions and prices offered to Verizon by OneEighty for such access shall be no less favorable than the terms, conditions and prices offered to OneEighty by Verizon for access topoles, ducts, conduits and rights of way owned or controlled by Verizon. 10. Telephone Numbers 10. 10. Verizon ICA This Section applies in connection with OneEighty Customers served by Telecommunications Services provided by Verizon toOneEighty for resale or a Local Switching Network Element provided by Verizon to OneEighty. OneEighty's use of telephone numbers shall be subject to Applicable Law the rules of the North American Numbering Council and the North American Numbering Plan Administrator, the applicable provisions of this Agreement (including, but not limited to., this Section 10), and Verizon s practices and procedures fOr use and assignment of telephone numbers, as amended from time~to-time. Subject to Sections 10.2 and 10.4, if a Customer of either Verizon or OneEighty who is served by a Verizon Telecommunicat~ons Service ("VTS") or a Verizon Local Switching NetWork Element ("VLSNE") changes the LEC that serves the 10.4 10. 10. 11. Customer using such VTS or VLSNE (including a change from Verizon to OneEighty, from OneEighty to Verizon, or from OneEighty to a LEC other than Verizon) , after such change, the Customer may continue to use with such VTS or VLSNE the telephone numbers that were assigned to the VTS or VLSNE for the use of such Customer by Verizon immediately prior to the change. Verizon shall have the rightto'ohange the telephone numbers used by a Customer if atany time: (a) the GuStomer requests service at anew location that is not served by the Verizon switch and the Verizon rate center from which the Customer previously had service; (I:)) continued use of the telephone numbers is not technically fe13sible; gr, (0) in the case of Telecommunications Service provided by Verizon to oneEighty for resale, the type or class of service subscribed to by the Customer changes. If service on a VTS or VLSNE provided by Verizon to OneEighty under this Agreement is terminated and the telephone nurnbersassociated with such VTS or VLSNE have not been porteCltO aOneEightyswitch , the telephone numbers shall be available for reassignment by Verizon to any person to whom Verizon elects to assign the telephone numbers; including, but not limited to, Verizon Verizon Customers OneElghty, or Telecommunications Carriers other than Verizon and OneEighty. OneEighty may reserve telephone numbers only to the extent Verizon Customers may reserve telephone numbers. Routing for Operator Services and Directory Assistance Traffic For a Verizon Telecommunications Service dial.tone line purchased by OneEighty for resale pursuantto the Resale Attachment, upon request by OneEighty, Verizon will establish an arrangement that will permit OneEighty to route the OneEighty Customer's caUsfor operator andQjrect()ry,a~ist13nce services to a provider of operator and directory assistance services selectedjojYOneEignty. Verizon will provide this routing arrangement in accordance With, but only to tI1e.exfenn~uifedby, Applicable Law. Verizon will provide this routing arrangement pursuant to an appropriate written request submitted by OneEighty and a mu4J,aHyagreed-upon sghecjule. This routing arrangement will be implemented at OneEigt)ty~sexpense, with chCirges determined on an individual case basis. In addition to charges forinitiaUyestablishing the routing arrangement, OneEighty will be responsible for ongoing monthly and/or usage charges for the routing arrangement. OneEighty shall arrange, at its own expense, the trunking and other facilities required to ~nsport traffic to OneEighty's selected, provider of operator and directory assistance services. Verizon ICA INTERCONNE$TION ATTACHMENT General Each Party ("Providing Party") shall provide to the other Party, in accordance with this Agreement, the Providing Party's applicable Tan'ffs, and Applicable Law, interconnectionwith the Providing Party's network for tne transmission and routing of Telephone Exchange Service and Exchange Access. Methods for Interconnection and Trurik Types Methods for Interconnection. In accordance with, but only to the extent required by, Applicable Law the Parties shall provide interconnection of their networks at any technically feasible point as $pecified in thiS Agreement. Each Party ("Originating Party"), atits own expense, shall provide for delivery to the relevant IP of the other Party ("Receiving Party" Reciprocal Compensation Traffic and Measured Internet Traffic that the Originating Party wishes to deliver to the Receiving Party. OneEighty may use any of the following methods for interconnection with Verizon: a Collocation arrangement OneEighty has established at the Verizon-IP pursuant to the Collocation Attachment; and/or a Cpnoca~ion~rrl;lngement that has been established separa~elyat the V~riz6n..IP by a third party and that is used byOneEighty to interconnect with Verizon; and/or an Entrance Facility and transport obtained from Verizon (and any necessary multiplexing), pur~uant to the applicable Verizon access Tariff, from the OneEighty network to the Verizon-IP. 1.4 OneEighty may brderfrom Verizbn in accordance with the rates, termsand conditions set forth in this Agreement and applicable Verizon Tariff(s) (or in the absence of applicable rates, terms and conditions set forth in this Agreement and Verizon Tariff(s), in accordance with rates, terms and conditions to be negotiated by the Parties), any of the methods for interconnection specified in Section 2.3 above. Verizon may use any of the following methods for interconnection with OneEighty: Verizon ICA a Collocation arrangement Verizon has established at the OneEighty-1 P pursuant to the Collocation Attachment, or an interconnection arrangement Verizon has established at the OneEighty-IP that is operationally equivalent to a Collocation arrangement (including, but not limited to, aVerizon provided Entrance Facility); and/or Verizon ICA a Collocation arrangement that has been established separately at the OneEighty-IP by a third party and that is used by Verizon to interconnect with OneEighty; and/or a non-distance sensitive Entrance Facility obtained from OneEighty (and any necessary multiplexing), from the Verizon network to theOneEighty-IP (including, but not Iimiteeto atVerizbn s election , an Entrance Facility accessed by Verizon through interconnection at a Collocation arrangement that OneEighty has established at a Verizon Wire Center pursuant to the Collocation Attachment, or through interconnection at a Collocation arrangement that has been established separately at a Verizon Wire Center by a third party and that is used by OneEi!ilhty) , or an Entrance Facility obtained from a third party that has established an interconnection arrangement with OneEighty. ' Verizon may order from OneEighty, in accordance with the rates, terms and conditions set forth in this Agreement and applicable OneEighty Tariff(s) (or in the absence of applicable rates, terms and conditions set forth in this Agreement and OneEighty Tariff(s), in accordance with rates, terms and conditions to be negotiated by the Parties), any of the methods forintercbnnection speoifiedin Section 2.5 above. Trunk Types In interconnecting their networks pursuant to this Attachment, the Parties will use, as appropriate, the following separate and distinct trunk groups: 2.2.Interconnection Trunks for the transmission and routing of Reciprocal Compensation Traffic, translated LEC IntraLATA toll free service access code (e., 800/888/877) traffic, and IntraLATAToll Traffic, between their respective Telephone Exchange Service Customers, Tandem Transit Traffic, and Measured Internet Traffic, all in accordance with Sections 5 through 8 of this Attachment; Access Toll Connecting Trunks for the transmission and routing of Exchange Access traffic, including translated InterLATAtoll free service access code (e., 800/888/877) traffic, between OneEighty Telephone Exchange Service Customers and purchasers of Switched Exchange Access Service via a Verizon access Tandem in accordance with Sections~ through 11 of this Attachment; and MiscelianeousTrunk Groups as mutually agreed to by the Parties, including, but not limited to: (a) choke trunks for traffic congestion and testing; and, (b) untranslated IntraLATAllnterLATA toll free service access code (e. 800/888/877) traffic. Other types of trunk grGups may be used by the Parties as provided in otherAttachments to this Agreement (e., 911/E911 Trunks; Information Services Trunks) or in other separate agreements between Verizon ICA the Parties (e.g., Directory Assistance Trunks, Operator Services Trunks, BLV/BL VI Trunks). Except as otherwise provided in this Agreement, the Parties will mutually agree upon where One-Way Interconnection Trunks (trunks with traffic going in one direction, including one-way trunks and uni-directionaltwo-way trunks) and/or Two-Way Interconnection Trunks (trunks with traffic going in both directions) will be deployed. 2.4 In the event the volume of traffic between a Verizon End Office and the OneEighty network, Which is carried by a Final Tandem Interconnection Trunk group, exceeds the Centium Call Second (Hundred Call Second) busy hour equivalent of one (1) DS-1 at any time and/or 200 000 minutes of use for a single month: (a) if One-Way Interconnection Trunks are used, the originating Party shall promptly establish new End Office One-Way Interconnection Trunk groups between the Verizon End Office and the OneEighty network; or, (b) if Two-Way Interconnection Trunks are used, OneEighty shall promptly submit an ASRto Verizon to establish new End Office Two-Way Interconnection Trunkgroup(s) between that Verizon End Office and the OneEighty network. Except as otherwise agreed in writing by the Parties, the total number of Tandem Interconnection Trunks between OneEighty s network and a Verizon Tandem will be limited to a maximum of 240 trunks. In the event that the volume of traffic between OneEighty's network and a Verizon Tandem exceeds, or reasonably can be expected to exceed the capacity of the 240 trunks, One Eighty shall promptly submit an ASR to Verizon to establish new or additional End Office Trunks to insure that the volume of traffic betweenOneEighty's network and the Verizon Tandem does not exceed the capacity of the 240 trunks. One-Way Interconnection Trunks 1 Where the Parties have agreed to use One-Way Interconnection Trunks for the delivery of traffic from OneEighty to Verizon, OneEighty, at OneEighty's own expense, shall: provide its own facilities for delivery of the traffic to the OneEighty Collocation arrangement at the Verizon-IP or to the third-party Collocation arrangement used by OneEighty at the Verizon-IP; and/or obtain transport for delivery of the traffic to the OneEighty Coliocation arrangement at the Verizon-IP or to the third- party Collocation arrangement used by OneEighty at the Verizon-IP (a) from a third-party, or, (b) if Verizon offers such transport pursuant to this Agreement or an applicable Verizon Tariff, fromVerizon; and/or order the One-Way Trunks from Verizon in accordance with the rates, terms and conditions set forth in this Agreement and applicable Verizon Tariffs, for installation on an Entrance Facility obtained by OneEighty from Verizon pursuant to Sections 2.3 and 2.1.4, and also order multiplexing and transport from Verizon pursuant to Sections 2.3 and 2.1.4. 2.4 Verizon ICA For each Tandem One -Way Interconnection Trunk group provided by Verizon to OneEighty with a utilization level of less than sixty percent (60%), unless the Parties agree otherwise OneEighty will promptly submit ASRs to disconnect a sufficient number of Interconnection Trunks to attain a utilization level of approximately sixty percent (60%). 2 Where the Parties have agreed to use One-Way Interconnection Trunks for the delivery of traffic from Verizon to OneEighty, Verizon, at Verizon s own expense, shall: provide its own facilities for delivery of the traffic to the Verizon CoUocation arrangement or interconnection arrangement at tMe OneEighty-IP or to the third-party Collocation arrangement used by Verizon at the OneEighty- IP; or obtain transport for delivery of the traffic to the Verizon Collocation arrangement or interconnection arrangement at the OneEighty..,IP or to the third-party Collocation arrangement used byVerizon at the OneEighty-IP (a) from a third-party, or, (b) if OneEighty offers such transport pursuant to this Agreement or an applicable OneEighty Tariff, from OneEighty; or order the One-Way Trunks from OneEighty in accordance with the rates. tetmsand conditions set forth in this Agreement and applicable OneEighty Tariffs for installation on an Entrance Facility obtained by Verizon from OneEighty pursuant to Sections 2.3 and 2., or obtain the One- Way Trunksftom a third-party that has established an interconnection arrangement with OneEighty. 3.2. Two-Way Interconnection Trunks 2.4.1 Where the Parties have agreed to use Two-Way Interconnection Trunks for the exchange of trafficbetweem Verizon and OneEighty, OneEighty shall order from Verizon, andVerizon shall provide, the Two-Way Interconnection Trunks and the Entrance Facility, on which such Trunks will ride, and transport and multiplexing, in accordance with the rates, terms and conditions set forth in this Agreement and Verizon applicable Tariffs. 2.4.Prior to ordering any Two-Way Interconnection Trunks from Verizon OneEighty shall meetwith Verizon to conduct a joint planning meeting Joint Planning Meeting ). At that Joint Planning Meeting, each Party shall provide to the other Party originating Gentium Call Second (Hundred Call Second) information; and the Parties shall mutually agree on the appropriate initial number of Two-Way End Office and Tandem Interconnection Trunks and the interface specifications at the Point of Interconnection (POI). Where the Parties have agreed to convert existing One-Way Interconnection Trunks to Two-Way Interconnection Trunks, at the Joint Planning Meeting, the Parties shall also mutually agree on the conversion process and project intervals for Verizon ICA conversion of such One-Way Interconnection Trunks to Two-Way Interconnection Trunks. 2.4.3 Two-Way Interconnection Trunks shall be from a Verizon End Office or Tandem to a mutually agreed upon POI. 2.4.4 On a semi-annual basis, OneEighty shall submit a good faith forecast to Verizon of the number of End Office and Tandem Two-Way Interconnection Trunks that OneEighty anticipates Verizon will need to provide during .the ensuing two (2) year period to carry traffic from OneEighty to Verizon and from Verizon to OneEighty. OneEighty' trunk forecasts shall conform to the Verizon CLEC trunk forecasting guidelines as in effect at that time. 2.4.5 The Parties shall meet (telephonically or in person) from time to time, asneeded, to review data on End Office and Tandem Two-Way Interconnection Trunks to determine the need for new trunk groups and to plan any necessary changes in the number of Two-Way Interconnection Trunks. 2.4.6 Two-Way Interconnection Trunks Shall have SS7 Common Channel Signaling. The Parties agree to utilize 88ZS and Extended Super Frame (ESF) DS1 facilities, where available. With respect to End Office Two~Way Interconnection Trunks, both Parties shall use an economic Centium Call Second (Hundred Call Second) equal to five (5). 2.4.8 Two-Way Interconnection Trunk groups that connect to a Verizon access Tandem shall be eng,jneered using a design blocking objective of Neal- Wilkenson 8.005 during the average time consistent busy hour. Two- Way Interconnection Trunk groups that connect to a Verizon local Tandem shall be engineered using a design blocking objective of Neal- Wilkenson 8.01 during the average time consistent busy hour. Verizon and OneEighty shall engineerTwo-Way Interconnection Trunks using 80C Notes on the LEC Networks SR-TSV-002275. 2.4.9 The performance standard for final Two~Way Interconnection Trunk groups shall be that no such Interconnection Trunk group will exceed its'design blocking objective (8.005 or 8., as applicable) for three (3) consecutive calendar traffic study months. 2.4.10 OneEighty shall determine and order the number of Two-Way Interconnection Trunks that are required to meet the applicable design blocking objective for all traffic carried on each Two-Way Interconnection Trunk group. OneEighty shall order Two-Way Interconnection Trunks by submitting ASRs to Verizon setting forth the number of Two-Way Interconnection Trunks to be installed and the requested installation dates within Verizon s effective standard intervals or negotiated intervals; as appropriate. OneEighty shall complete ASRsin accordance with 08F Guidelines as in effect from time to time. 2.4.11 Verizon may (but shaH not be obligated to) monitor Two-Way IntemonneotionGroups using service results for the applicable design blocking objeotive.lf Verizon observes blocking in excess of the applicable design objective on any Tandem Two-Way Interconnection Verizon ICA Trunk group and OneEighty has not notified Verizon that it has corrected such blocking, Verizon may submit to OneEighty a Trunk Group Service Request directing OneEighty to remedy the blocking. Upon receipt of a TrunkGroup Service Request, OneEighty will completeanASR to augment the Two-Way Interconnection Trunk Group with excessive biocking and submit the ASR to Verizon within five (5) Business Days. 2.4.12 The Parties will review all Tandem Two-Way Interconnection Trunk groups that reach a utilization level of seventy percent (70%), or greater, to determine whether those groups should be augmented. OneEighty will promptly augment all Tandem Two-Way Interconnection Trunk groups that reach a utilization level of eighty percent (80%) by submitting ASRsforadditional trunks sufficient to attain a utilization level of approximately seventy percent (70%), unless the Parties agree that additional trunking is not required. For each Tandem Two-Way Interconnection Trunk group with a utilization level of less than sixty percent (60%), unless the Parties agree otherwise, OneEighty will promptly submit ASRs to disconnect a sufficient number of Interconnection Trunks to attain a utilization level of approximately sixty percent (60%) for each respective group, unless the Parties agree that the Two-Way Interconnection Trunks should not be disconnected. In the event OneEighty fails to submit an ASR for Two-Way Interconnection Trunks in conformance with this section , Verizon may bill OneEighty for the excess Interconnection Trunks at the applicable Verizon rates. 2.4.13 Because Verizon will not be in control of when and how many Two-Way Interconnection Trunks are established between its network and OneEighty's network, Verizon s performance in connection with these Two-Way Interconnection Trunk groups shall not be subject to any performance measurements and remedies under this Agreement, and except as otherwise required by Applicable Law, under any FCC or Commission approved carrier-to-carrier performance assurance guidelines or plan. 2.4.14 Upon three (3) months prior written notice and with the mutual agreement of the Parties, either Party may withdraw its traffic from a Two-Way Interconnection Trunk group and install One-Way Interconnection Trunks to the other Party's relevant POI , provided that if a Party has failed to comply with this Agreement with regard to Two- Way Interconnection Trunks the other party may upon three (3) months prior written notice and without mutual agreement of the non- complying Party, withdraw its traffic from a Two-Way Interconnection Trunk group and install One-Way Interconnection Trunks to the non- complying Party's relevant POL 2.4.15 OneEighty will rQute its traffic to Verizon over the End Office and Tandem Two-Way Interconnection Trunks in accordance with SR-TAP- 000191 , including but not limited to those standards requiring that a call from OneEighty to a Verizon End Office will first be routed to the End Office Interconnection Trunk group between OneEighty and the Verizon End Office. 2.4.16 When the Partiesimplernent TWo-Way Interconnection Trunks, theParties will work cooperatively to calculate a Proportionate Percentage of Use ("PPU") factor for each facility on which the Two-Way Interconnection Trunks ride, based on the total number of minutes of traffic that each Party sends over the Two-Way Interconnection Trunks riding on that facility. OneEighty will pay a percentage of Verizon monthly reclirring charges for each facility on which the Two-WayInterconnection Trunks ride equal to OneEighty s percentage of use ofthat facility as shown by the PPU. The PPU shall not be applied tocalculate the charges for any portion of a facility that is on OneEighty side of OneEighty , which charges shall be solely the financial responsibility of One Eighty. During thefirstfull calendar quarter (and any partial calendar quarter preceding such first full calendar quarter) after the first Two-Way Interconnection Trunk is established on a facility, the PPU for that facility will be fifty percent (50%) for each Party. For each calendar quarter thereafter, the Parties shall recalculate the PPU using actual traffic usage data for the preceding calendar quarter. Non-recurring charges for the facility on which the Two-Way Interconnection Trunks ride shall be apportioned as follows: (a) for the portion OfthefacHity on Verizon s sideofthe OneEighty-, OneEighty shall payfrfty percent (50%) ofthe Verizon non-recurring charges; and, (b) for the portion of the facility on OneEighty's side of the OneEighty-OneEighty shall be solely responsible for the non- recurring charges. Notwithstanding the foregoing provisions of this Section 2.4., if OneEighty fails to provide OneEighty-IPs in accordance with this Agreement, OneEighty will be responsible for one hundred percent (100%) of all recurring and non-recurring charges associated with Two-Way Interconnection Trunk groups until OneEighty establishes such OneEighty-IPs. Alternative Interconnection Arrangements In addition to the foregoing methods of Interconnection, and subject to mutual agreement of the Parties, the Parties may agree to establish an End Point Fiber Meet arrangement, which may include a SONET backbone with an optical interface at the OC-n level in accordance with the terms of this Section. The Fiber Distribution Frame at the OneEighty location shall be designated as the POI for both Parties. The establishment of any End Point Fiber Meet arrangement is expressly conditioned upon the Parties' reaching prior written agreement on routing, appropriate sizing and forecasting, equipment, ordering, provisioning,maintenance, repair, testing, augment, and compensation , procedures andarrangements, reasonable distance limitations, and on any other arrangementsnecessary to implement the End Point Fiber Meet arrangement. Except as otherwise agreed by the Parties, End Point Fiber Meet arrangements shall be used only for the termination of Reciprocal Compensation Traffic Measured Internet Traffic, and IntraLATA Toll Traffic. Initiating Intercormection Verizon ICA If OneEighty determines to offer Telephone Exchange Services and to interconnect with Verizon in any LATA in which Verizon also offers Telephone Exchange Services and in which the Parties are not already interconnected 4.2 pursuant to this Agreement, OneEighty shall provide written notice to Verizon of the need to establish Interconnection in such LATA pursuant to this Agreement. The notice provided in Secti~n4.1 shall include (a) the initial Routing Point(s); (b) the applicable OneEighty,.IPsto be established in the relevant LATA in accordance with this Agreement; (c) One Eighty's intended Interconnection activation date; (d) a forecast of One Eighty's trunking requirements conforming to Section 14.3; and (e) such other information as Verizon shall reasonably request in order to facilitate Interconnection. The interconnection activation date in the new LATA shall be mutually agreed to by the Parties after receipt by Verizon of all necessary information as indicated above, Within ten (10) Business Days ofVerizon s receipt of OneEighty's notice provided for in S~ction 4., Verizonand OneEighty shall confirm the Verizon- IP(s), the OneEighty-IP(s) and the mutually agreed upon Interconnection activation date for the new LATA. Transmission and Routing of Telephone Exchange Service Traffic Scope of Traffic. Verizon ICA Section 5 prescribes par~Q1~ters for Interconnection Trunks used for Interconnection pursuant to Sections 2 through 4 of this Attachment. Trunk Group Conneotionsand QIlGierinQ For One-Way or Two-Way Interconnection Trunks, both Parties shall use either a 08,.1 or DS-3 facilities interface at the POI. When and where an STS-1 interface is availaIDle, the Parties may agree to use such an interface. Upon mutual agreement, the Parties may agree to use an optical interface (such asOC-n). 2.2 When Qne-:-'J'Jay or TW0,Wja.y Interconnection Trunks are provisioned using a DS-3 il1terfaceracility, then OneEighty shall order the multiplexed DS-3 facilities to the Verizon Central Office that is designated in the NECA4 Tariff as an Intermediate Hub location unless otherwise agreed to in writing by Verizon. The specific NECA 4 Intermediate Hub location to be used for One-Way or Two-Way Interconnection Trunks shall be in the appropriate Tandem subtending area based on the LERG. In the event the appropriate DS- Intermediate HulD is not used, then OneEighty shall pay 100% of the facility charges for the One-Way or Two-Way Interconnection Trunks. Each Party wi,Uidentify its Canier Identification Code, a three or four digit numeric code obtained from Telcordia, to the other Party when ordering a trunk group. 2.4 Unless mutually agreed to by both Parties, each Party will outpulse ten (10) digits to the other Party. Each Party will use commercially reasonable efforts to monitor trunk groups under its control and to augment those groups using generally accepted trunk engineering standards so as to not exceed blocking objectives. Each ,F'artyagrees to use modular trunk engineering techniques for trunks subject to this Attachment. Switchino System Hierarchv and TrunkinaReauirements 5.4 For purposes of routing OneEightytraffic to Verizon, the subtendingarrang.ements between Verizon Tandem Switches and Verizon End Office Switches shall be the same as the Tandem/End Office subtending arrangements Verizon maintains for the routing of its own or other carriers' traffic. For purposesof routing Verizon traffic to OneEighty, the subtendingarrangements between OneEighty Tandem Switches and OneEighty End Office Switches shall be the same as the Tandem/End Office subtending arrangements thatOneEighty maintains for the routing of its own or other carriers' traffic. Siqnalinq Each Party will provide the other Party with access to its databases and associated signaling necessary for the routing and completion of the other Party's traffic in accordancewith the provisions contained in the Unbundled Network Element Attachment or applicable access tariff. Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 14. Traffic Measurement and Billing overhlterconnection Trunks 6.2 Verizon ICA For billing purposes, each Party shall pass Calling Party Number (CPN) information on at least ninety-fIVe percent (95%) of calls carried over the Interconnection Trunks. 1 As used in this Section 6 , " Traffic Rate" means the applicable Reciprocal Compensation Trafiicrate Measured Internet Traffic rate, intrastate Switched Exchan'ge Access Service rate, interstate Switched Exchange Access Service rate; orintrastatelinterstate Tandem Transit Traffic rate, as provided in the Pricing Attachment, an applicable Tariff , for Measured Internet Traffic, the FCC Internet Order. If the originating Party passes CPN on ninety-five percent (95%) or more of its calls, the receiving Party shall bill the originating Party the Traffic Rate applicable to eaCh relevant minute oftraffic for which CPN is passed. For any remaining (up to 5%) caHswithout CPN information the receiving Partysl1ahbill the Originating Party for such traffic at the Traffic Rate applicable to each relevant minute of traffic, in directproportion to the minutes of use of calls passed with CPN information. If the originating Party passes CPN on less than ninety-five percent (95%) of its calls and the originating Party chooses to combine Reciprocal Compensation Traffic and Toll Traffic on the same trunk group, the receiving Party shall bill the higher of its interstate Switched Exchange Access Service rates or its intrastate Switched Exchange Access Services rates for all traffic that is passed without CPN , unlessthe Parties agree that other rates should apply to such traffic. At such time as a receiving Party has the capability, on an automated basis, touse such CPN to classify traffic delivered over Interconnection Trunks by the other Party by Traffic Rate type (e., Reciprocal Compensation Traffic/Measured Internet Traffic, intrastate Switched Exchange Access Service, interstateSwitched Exchange Access Service, or intrastatelinterstate Tandem TransitTraffic), such receiving Party shall bill the originating Party the Traffic Rate applicable to each relevant minute of traffic for whichCPN is passed. If the 6.4 Verizon ICA receiving Party lacks the capability, on an automated basis, to use CPNinformation on an automated basis to classify traffic delivered by the other Party by Traffic Rate type, the originating Party will supply Traffic Factor 1 and Traffic Factor 2. The Traffic Factors shall be supplied in writing by the originating Party within thirty (30) days of the Effective Date and shall be updated in writing by the originating Party quarterly. Measurement of billing minutes for purposes of determining terminating compensation shall be in conversation seconds (the time in seconds that the Parties equipment is used for a completed call, measured from the receipt of answer supervision to the receipt of disconnect supervision). Measurement of billing minutes for ori.ginating toll free service access code (e. 800/888/877) calls shall be in accordance with applicable Tariffs. Determinations as to whether traffic is Reciprocal Compensation Traffic or Measured Internet Traffic shall be made in accordance with Section 7.1 below. Each Party reserves the right to ?udit all Traffic, up to a maximum of two audits per calendar year, to ensure that rates are being applied appropriately; provided however, that either Party shall have theri.ght to conduct additional audit(s) if the preceding audit disclosed material errors or discrepancies. Each Party agrees to provide the necessary Traffic data in conjunction with any such audit in a timely manner. Nothing in this Agreement shall be construed to limit either Party's ability to designate the areas within which that Party's Customers may make calls which that Party rates as "local" in its Customer Tariffs. R-eciprocal Compensation Arralngements Pursuant to Section 251(b)(5) of the Act Reciprocal Compensation Traffic Interconnection Points Except as otherwise agreed by the Parties, the Interconnection Points IPs ) from which OneEighty will provide transport and termination of Reciprocal Compensation Traffic to its Customers ("OneEighty-IPs shall be as follows: For each LATA in which OneEighty requests to interconnect with Verizon, except as otherwise agreed by the Parties OneEighty shal!lestablish a OneEighty IP in each Verizon Local Calling Area (as defined below) where OneEighty chooses to assign telephone numbers to its Customers. OneEighty shall establish such OneEighty-IP consistent with the methods of interconnection and interconnection trunkingarchitectures that it will use pursuant to Section 2 or Section 36fthis Attachment. For purposes of this Section 7., Verizon Local Calling Areas shall be as defined in Verizon s effective Customer tariffs and include a non-optional Extended Local Calling Scope Arrangement but do not include an optional Extended Local Calling Scope Arrangement. If OneEighty fails to establish I Ps in accordance with the preceding sentences of this Section , (a) Verizon may pursue available dispute resolution mechaaisms; and, (b) OneEighty shall bill and Verizon shall pay theles~~r6f the negotiated intercarrier compensation rate or the End Office Reciprocal Compensation rate for the relevant traffic less Verizon s transport rate, tandem switching rate (to the extent traffic is tandem switched), and other costs (to the extent that Verizon purchases such Verizon ICA transport from OneEighty or a third party), from the originating Verizon End Office to the receiving One Eighty- (P. At any time that OneEighty establishes a Collocation site at a Verizon End Office Wire Center in a LATA in which OneEighty is interconnected or requesting interconnection with Verizon, either Party may request in writing that such OneEighty Collocation site be established as the OneEighty.4P for traffic originated by Verizon Customers served by that End Office. Upon such request, the Parties shall negotiate in good faith mutually acceptable arrangements for the transition to such OneEighty-IP. If theParties have not reached agreement on such arrangements within thirty (30) days, (a) either Party may pursue available dispute resolution mechanisms; and, (b) OneEighty shall bill and Verizon shall pay the lesser of the negotiated intercarrier compensation rate or the End Office Reciprocal Compensation rate for the relevant traffic less Verizon transport rate, tandem switching rate (to the extent traffic is tandem switched), and other costs (to the extent that Verizon purchases such transport from OneEighty or a third party), from the originating VerizonEnd Office to the receiving OneEighty-lP. In any LATA where the Parties are already interconnected prior to the effective date of this Agreemef)t, OneEighty may maintain existing CLEC-IPs, except that Verizon may request in writing totransitionsuchOneEighty-IPs to the OneEighty-IPs described in subsections 7.1 and 7. above. Upon such request, the Parties shall negotiate mutually satisfactory arrangements for the transition to CLEC-IPs that conform to subsections 7.1 and 7. above. If the Parties have not reached agreement on such arrangements within thirty (30) days, (a) either Party may pursue available dispute resolution mechanisms; and, (b) OneElghty shall bill and Verizon shall pay only the lesser of the ,oeg!otiatedintercarrier compensation rate or the End Office reCiprocal compensation rate for relevant traffic, less Verizon stransport rate, tandem switching rate (to the extent traffic is tcmdem switched), and other costs (to the extent that Verizon purchases such transport from OneEighty or a third party), from Verizon s originating End Office to the OneEighty IP. 1.2 Except as otherwise agreed by the Parties, the Interconnection Points IPs ) from which Verizon will provide transport and termination of Reciprocal Compensation Traffic to its Customers ("Verizon-IPs ) shall be as follows: For Reciprocal Compensation Traffic delivered by OneEighty to the Verizon Tandem subtended by the terminating End Office serving the Verizon Customer, the Verizon-IP will be the Verizon Tandem switch. For Reciprocal Compensation Traffic delivered by OneEighty to the Vetizon terminating End Office serving the Verizon ICA Verizon Customer, the Verizon-IP will be Verizon End Officeswitch. Should either Party offer additional IPs to any Telecommunications Carrier that is not a Party to this Agreement, the other Party may elect to deliver traffic to such IPs for the NXXs or functionalities served by those IPs. To theextentthat any such OneEighty-IP is not located at a Collocation site at a Verizon Tandem Wire Center or Verizon End Office Wire Center, then OneEighty shall permit Verizon to establish physieallnterconnection through coBocation or other operationally comparable arrangements acceptable to Verizon at the OneEighty-IP. 1.4 Each Party is responsible for delivering its Reciprocal Compensation Traffic that is te be terminated by the other Party to the other Party' relevant IP. Reciprocal Compensation. The Parties shall compensate each other for the transport and termination of Reciprocal Compensation Traffic delivered to the terminating Party in accordance with Section 251 (b)(5) oftheActatthe rates stated inthe Pricing Attachment. These rates are to be applied at the OneEighty,.IP for traffic delivered by Verizon fortermination by One Eighty, and at the Verizon-IP for traffic delivered by OneEighty fortermination by Verizon. Except as expressly specified in this Agreement, no additional charges snail ,appJyfor the termination from the I P to the Customer of ReciprocalCdmpensation Traffic delivered to the Verizon-IP byOneEighty or the OneEighty-'IPbyVerizon. When such Reciprocal Compensation Traffic is delivered over the same trunks as Toll Traffic, any portor transporter other appJica:bleaccess charges related to the delivery of TollTrafficfrotn theiR to an end uSer shall be prorated to be applied only to the Toll Traffic. The designation of traffic as Recrprocal Compensation Traffic for purposes of Reciprocal Compensation shan De based on the actual originating and terminating points of the complete enq-to-end communication. Traffic Not Subject to Reciprocal Compensation ReciprocalCori1pensatidn shall not apply to interstate or intrastate Exchange Access, Information Access, or exchange services for Exchange Access or InfOrmation Access. Reciprocal Compensation shall not apply to Internet Traffic. The determination of whether traffic is Reciprocal Compensation Traffic or Internet Traffic shall be performed in accordance with Paragraphs 8 and 79, and other applicable provisions, of the FCC Internet Order (including, but not limited to, in accordance with the rebuttable presumption established by the FCC Internet Order that traffic delivered to a carrier that exceeds a 3: 1 ratio of terminating to originating traffic is Intemet Traffic, and in accordance with the precess established by the FCC Internet Order for rebutting such presumption before the Commission). 7.3.Reciprocal Compensation shall not apply to Toll Traffic, including, but not limited to , caBs origiQ.ated on a 1 + presubscription basis, or on a casualdialed (10XXX/101XXXx) basis. Verizon ICA 3.4 Reciprocal Compensation shall not apply to Optional Extended Local Calling Area Traffic. Reciprocal Compensation shall not apply to special access, private lineor any other traffic that is not switched by the terminating Party. Reciprocal Compensation shall not apply to Tandem Transit Traffic. Reciprocal Compensation shaH not apply to Voice Information Service Traffic (as defi.ned in Section 5 of the Additional Services Attachment). 7.4 The Reciprocal Compensation rates (including, but not limited to, the ReciprocalCompensation per minute of use charges) billed byOneEighty to Verizon shall not exceed the Reciprocal Compensation rates (including, but not limited to Reciprocal Compensation per minute of use charges) billed by Verizon to OneEighty. Other Types of Traffic Notwithstanding any other provision of this Agreement or any Tariff: (a) theParties' rights and obligations with respect to any intercarriercompensation that may be due in connection with their exchange of Internet Traffic shall be . governed by the terms of the FCC Internet Order and other applicable FCC orders and FCC Regulations; and, (b) a Party shall not beobJigated to pay any intercarrier compensation for Internet Traffic that is in excess of the intercarrier compensation for Internet Traffic that such Party is required to pay under the FCC Internet Order and other applicable FCC orders and FCC Regulations. Subject to Section 8. 1 abov~J interstate and intrastate Exchange Access nformation Acc~ss, exchang~ services for Exchange Access or Information Access, and Toll Traffic, shall be gQverned by the applicable provisions of this Agreement and applicable Tariffs. For any traffic originating with a third party carrier and delivered by OneEighty to Verizon, OneEighty shall, pay Verizon the same amount that such third party carrier would have been obligated to pay VeriZon for termination of that traffic at the location the traffic is delivered to Verizon by OneEighty. Any traffic not specifically addressed in this Agreement shall be treated as required by the applicable Tariff of the Party transporting and/or terminating the traffic. 8.4 Interconnection Points. 1 The IP of a Party ("Receiving Party") for Measured Internet Traffic delivered to the Receiving Party by the other Party shall be the same as the IP ofthe Receiving Party for Reciprocal Compensation Traffic under Section 7.1 abOve. 5.2 Exceptas otherwise set forth in the applicable Tariff of a Party Rec~iving Party") that receives Toll Traffic from the other Party, the IP oftM Receiving Party fOr Toll Traffic delivered to the Receiving Party by the other Patty shall be the same as the IP of the Receiving Party for Reciprocal Compensation Traffic under Section 7.1 above. 3 The IP for traffic exchanged betWeen the Parties that is not Reciprocal Compensation Traffic lVIeasured Internet Traffic or Toll Traffic, shall beas specified in the applicable provisions of this Agreement or the applicable Tariff of the receiving Party, or in the absence of applicable provisions in this Agreement or a Tariff of the receiving Party, as mutually agreed by the Parties. Transmission and Routing of Exchange Access Traffic Scope of Traffic. Section 9 prescribes j:)arametersfor certain trunks to be established over the Interconnections specified in Sections 2 through 5 of this Attachment for the transmission androutingoHraffic between OneEighty Telephone Exchange Serv'ice Customers and Interexchang~Carriers ("Access Toll Connecting Trunks l, in any case where OneEighty el~cts to have its End Office Switch subtend a Verizon Tandem. This includes casually-dialed (101 OXXX and1 01XXXX) traffic. Access Toll ConnectinaTrunkGroupArchitecture IfOneEighty chooses to subt~nd a Verizon access Tandem, OneEighty' NPAlNXX must be assigned by Ol'leEighty to suetend the same Verizon access Tandem that a Verizon NPAlNXX serving the same Rate Center Area subtendsas identified in the LERG. OneEighty shall establish Access Toll Connecting Trunks pursuant to applicable access Tariffs by which it will provide Switched Exchange Access Services to Interexchange Carriers to enable such Interexchange Carriers to originate and terminate traffic to and from OneEighty's Customers. 3 The Access Toll Connecting Trunk$shaUbe two-way trunks. Such trunks shall connect the End Office OneEighty utilizes to provide Telephone Exchange ServiceandSwitche!i!Exchange Access to its Customers in 'given LATA t9 the Tandem Verizon utilizes to provide ExchangeAccess in such LA T A. Access Toll Connecting Trunks shall be used solely for the transmission and routing of ExchangeAccesSitoaUow OneEighty's Customers to connecttoor becannected to the 'interexchange trynks of any InterexchangeCarrier which is connected to a Verizon access tandem. Meet-Point Billing Arrangements10. 10. 10. 10. Verizon ICA OneEighty and Verizonwillestablish Meet-PointBiUing (MPB.) arrangements in order to provide a common transport option to Switched Exchange Access Services customers via a Verizon access Tandem Switch in accordance with the Meet Point Billing guidelines contained in the OBF's MECAB and MECOD documents, except as modified herein, and in Verizon s applicable Tariffs. The arrangements described in this Section 10 are intended to be used to provide Switched Exchange Access Service where the transport component of the Switched Exchange Access Service is routed ,through an access Tandem Switch that is provided by Verizon. In each LATA, the Parties shall establish MPB arrangements for the applicable OneEighty Routing PoinWerizon Serving Wire Center combinations. Interconnection for the MPB arrangement shall occur atthe Verizon access Tandems in the LATA, unless otherwise agreed to by the Parties. 10.4 10. 10. 10. 10. 10. OneEighty and Verizon will use reasonable efforts, individually and collectively,to maintain provisions in their respective state access Tariffs, and/or provisionswithin the National Exchange Carrier Association (NECA) Tariff No., or anysuccessor Tariff sufficient to reflect the MPB arrangements established pursuant to this Agreement. In general, there are four alternative Meet-Point Billins arrangements possible which are: Single Bill/Single Tariff, Multiple Bill/Single Tariff, Multiple Bill/MultipleTariff, and Single Bill/Multiple Tariff, as outlined in the OBF MECAB Guidelines. Each Party shall implement the "MultipleBIII/Single Tariff' or "Multiple Bill/Multiple Tariff" option, as appropriate, in order to bill an IXC for the portion of the MPB arrangement provided by that Party. Alternatively., in former Bell Atlantic serviceareas, upon agreement of the Parties, each Party may use the New York State Access Pool on its behalf to implement the Single Bill/Multiple Tariff or Single Bill/Single Tariff option, as appropriate, in order to bill an IXC for the portion of the MPB arrangement provided by that Party. The rates to be billed by each Party for the portion of the MPB arrangement provided by it shall be as set forth in that Party's applicable Tariffs, or other document that contains the terms under which that Party's access services are offered. For each OneEighty Routing PoinWerizon Serving Wire Center combination, the MPB billing percentages for transport between the OneEighty Routing Point and the Verizon Serving Wire Center shall be calculated in accordance with the formula set forth inSection 10.17. Each Party shaH provide the other Party with the billing name, billing address and Carrier Identification Code (GIG) of the IXC and identification of the Verizon Wire Center serving the IXC in order to comply with the MPB notification process as outlined in the MECAB document. Verizon shall provide OneEighty with the Switched Access Detail Usage Data (EMI category 1101XX records) on magnetic tape or via such other media as the Parties may agree to, no later than ten (10) Business Days after the date the usage occurred. OneEighty shall provide Yerizon with the Switched Access Summary Usage Data (EMI category 1150XX records) on magnetic tape or via such other media as the Parties may agree, no later than ten (10) Business Days after the date of its rendering of the bill to the relevant IXC, which bill shall be rendered no lessfrequently than monthly. 10.10 All usage data to be provided pursuant to Sections 10.8 and 10.9 shall be sent tothe following addresses: Verizon ICA To OneEighty: Network Operations 118 North Stevens Spokane, Washington 99201 For Verizon (Former GTE servIce area): Verizon Data Services ATTN: MPB 1 East Telecom Parkway Dock K Temple Terrace, FL 33637 Either Party may change its address for receiving usage data by notifying the other Party in writing pursuant to Section 29 of the General Terms and Conditions. 10.OneEighty and Verizon shall coordinate and exchange the billing account reference (BAR) and billing account cross reference (BACR) numbers or Operating Company Number ("OCN"as appropriate, for the MPB arrangementsdescribed in this Section 10. Each Party shall notify the other if the level of billing or other BARIBACR elements change, resulting in a new BARIBACR number, orif the OCN changes. 10.12 Each Party agrees to provide the other Party with notification of any errors it discovers in MPB data within thirty (30) calendar days of the receipt of the original data. The other Party-shall attempt to correct the error and resubmit the data within ten (10) Business Days of the notification. In the event the errors cannot be corrected within such ten- (10) Business-Day period, the erroneous data will be considered lost. In the event ofa loss of data, whether due to uncorrectable errors or otherwise, both Parties shall cooperate to reconstruct the lost data and, if such reconstruction is not possible, shall accept a reasonable estimate ofthelost data based upon prior usc:lgedata. 10.13 Either Party may request a review or audit of the various components of access recording up to a maximum of two (2) audits per calendar year. All costs associated with each review and audit shall be borne by the requesting Party. Such review or audit shall be conducted subject to Section 7 of the General Terms and Conditions and during regular business hours. A Party may conduct additional audits, at its expense; upon the other Party's consent, which consent shall not be unreasonably withheld. 10.14 Except as expressly set forth in this Agreement, nothing contained in this Section 10 shall create any liability for damages, losses, claims, costs, injuries, expenses or other liabilities whatsoever on the part of either Party. 10.15 MPB will apply for all traffic bearing the 500, 900, toll free service access code (e.g. 800/888/877) (to the extent provided by an IXC) or any other non- geographic NPA which may be designated for such traffic in the future. 10.16 In the event OneEighty determines to offer Telephone Exchange Services in a LATA in which Verizon operates an access Tandem Switch, Verizon shall permit and enable OneEighty to subtend the Verizon access Tandem Switch(es) designated for the Verizcm End Offices in the area where there are located OneEighty RoutingPoint(s) associated with the NPA NXX(s) to/from which the Switched'Exchange Access Services are homed. 10.17 Except as otherwise mutually agreed by the Parties, the MPB billing percentages for each Routing PointlVetizon Serving Wire Center combination shall be calculated according to the following formula, unless as mutually agreed to by the Parties: a / (a + b)OneEighty Billing Percentage and b/(a+b)Verizon Billing Percentage Verizon ICA where: the airline mileage between OneEighty Routing Point and the actual point of interconnection for-the MPB arrangement, and the airline mileage between the Verizon Serving Wire Center and the actual point of interconnection for the MPB arrangement. 10.18 OneEighty shall inform Verizon of each LATA in which it intends to offer Telephone exchange Services and its calculation ofthebHling percentages which should apply for such arrangement. Within ten (10) Business Days of OneEighty s delivery of notice to Verizon, Verizon and OneEighty shall confirm the Routing PoinWerizon Serving Wire Center combination and billing percentages. 11.Toll Free Service Access Code (e.g., 800/888/877) Traffic The following terms shall apply when either Party delivers toll free service access code (e., 800/8?7/888)("8YY") calls to the other Party. FQf the purposes of this Section 11 the terms "translated"and "untranslated"refers to those toll free service access code calls that have been queried ("translated")ot have not been queried ("untransIated") toan 8YY database. Except as otherwise agreed to by the Parties, all OneEighty originating "untranslated" 8YY traffic will be routed over a separate one-way trunk group. 11.When OneEighty delivers translated 8YY calls to Verizon for completion 11.1 to an IXC, OneEighty shall: 11.provide an appropriate EMf record to Verizon for processing and Meet Point Billing in accordance with Section 10 above; and 11.bill the IXC the OneEighty query charge associated with the call. 11.2 to Verizon or another LEC that is a toll free service access code service provider in the LATA, OneEighty shall: 11.provide an appropriate EMI record to the toll free service access code service provider; and 11.1.2.bill to the toll free service acce.sscode service provider the OneEighty's Tariffed Feature Group D ("FG.D") Switched Exchange Access or Reciprocal Compensation charges, asapplicable, and th$ OneEighty query charge; and 11. 11.Verizon shall bill applicable Tandem Transit Service charges and associated pass through ,charges to OneEighty. When Verizon performs the query and delivers translated 8YY calls, originatedby Verizon s or another LEC's Customer 11.1 to OneEighty in it's capacity as a toll free service access code service provider, Verizon shall: Verizon ICA 11. 11.4 12. 11.bill OneEighty the Verizon query charge associated with the callas specified in the Pricing Attachment; and 11.provide an appropriate EMI record to OneEighty; and 11.bill OneEighty Verizcm s Tariffed FGD Switched Exchange Access or Reciprocal Compensation charges as applicable. When OneEighty: delivers untranslated SVY calls to Verizon for completion 11.1 to an IXC, Verizon shall: 11.query the call and route the call to the appropriate IXC; and 11.provide an appropriate EMI record to OneEighty to facilitate billing to the IXC; and 11.bill the (XC the Verizon query charge associated with the call and any other applicable Verizon charges. 11.2 to Verizon or another LEC that is a toll free service access code service provider in the LATA, Verizon shall: 11.query the call and routethe call to the appropriate LEC toll free service access code service provider; and 11.provide an appropriateEMI record to QneEighty; to facilitate billing to the LEC tol'l free service access code service provider; and 11.bill the LEC toll free service access code service provider the qu~ry charg~ ~ssociated with the call and any other applicable Verizoncharges. Verizon will not direct untranslated toll free service access code call to OneEighty. 12. Tandem Transit Traffic 12. 12. Verizon ICA As used in this Section 12, Tandem Transit Traffic is Tel~phone Exchange Service traffic that originCites on OneEIghty's network, and is transported through a Verizon Tandem to the Central Office of a GLEC, ILEC other than Verizon Commercial Mobile Radio Service (CMR$) carrier, or other LEC, that subtendsthe relevant Verizon Tandem to which OneEighty delivers such traffic. Neither the originating nor terminating cl,Istomeris a Cu~tomer of Verizon. Subtending Central Offices shall be determined in accordaf)ce with and as identified in the Local Exchange Roufing Guiqe (LERG). Switched Exchange Access Service traffic is not Tandem Transit Traffic. Tandem Transit Traffic Service provides OneEighty with the transport of Tandem Transit Traffic as provided below. Tandem Transit Traffic maybe routed overthe Interconnection Trunks describedin Sections 2 through 6. OneEighty shaiideliyer each Tandem Transit Traffic call to Verizon with cas and the appropriate Transactional Capabilities Application Part ("TCAP") message to fCicilitate full interoperability of CLASS Features and billing functions. 13. 12.4 12. 12. 12. 12. OneEighty shall exercise its best efforts to enter into a reciprocal Telephone Exchange Service traffic arrangement (either via written agreement or mutual Tariffs) with any CLEC, ILEC, CMRS carrier, or other LEC, to which it deliversTelephone Exchange Service traffic that transits Verizon s Tandem Office. If OneEighty does not enter into and provide notice to Verizon of the above referenced arrangement within 180 days of the in itial traffic exchange with relevant third party carriers, then Verizon may, at its sole discretion, terminateTandem Transit Service at anytime upon thirty (30) days written notice to OneEighty. OneEighty shall pay Verizon for Transit Service that OneEighty originates at the rate specified in the Pricing Attachment, plus any additional charges or costs the receiving CLEC, ILEC , CMRS carrier, or other LEC, imposes or levies onVerizon for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. Verizon will not provide Tandem Transit Traffic Service for Tandem Transit Traffic to be delivered to a CLEC, ILEC, CMRS carrier, or other LEC , if the volume of Tandem Transit Traffic to be delivered to that carrier exceeds one (1) DS1 level volume of calls. If or when a third party carrier's Central Office subtends a OneEighty Central Office, then OneEighty shall offer to Verizon a service arrangement equivalent to or the same as Tandem Transit Service provided by Verizon to OneEighty as defined in this Section 12 such that Verizon may terminate calls to a Central Office of a CLEC, ILEC, CMRS carrier, or other LEC, that subtends a OneEighty Central Office ("ReciprOcal Tandem Transit Service ). OneEighty shall offer such Reciprocal Transit Service arrangements under terms and conditions no less favorable than those provided in this Section 12. Neither Party shall take anyactiohS to prevent the other Party from entering into a direct and reciprocaJtraffic eXchange agreement with any carrier to which it originates, or from which it terminates, traffic. 13. Number Resources, Rate Center Areas and Routing Points 13. 13. Verizon ICA Nothing in this Agreement shall be construed to limit or otherwise adversely affect in any manner either Party's right to employ or to request and be assigned any Central Office Codes ("NXX") pursuant to the Central Office Code Assignment Guidelines and any relevant FCC orCon1mission orders, as may beamended from time to time, or to establish , by Tariff or otherwise, Rate Center Areas and Routing Points correspondIng to such NXX codes. It shall be the responsibility of each Party to program and update its own switches and network systems pursuant to inforrnation provided on ASRs as well as the LERG in order to recognize and route traffic to the other Party's assignedNXX codes. Except as expreSsly set forth in this Agreement, neither Party shall impose any fees or charges whatsoever on the other Party for such activities. Unless otherwise required by Commission order, the Rate Center Areas will bethe same for each Party. During the term of this Agreement, OneEighty shalladopt the Rate Center Area and Rate Center Points that the Commission has approved forVerizoh within the LATA and Tandem serving area. OneEighty shaH assign whole NPA-NXX codes to each Rate Center Area unless otherwise ordered by the FCC, the Commission or another governmental entity of appropriate jurisdiction, or the LEC industry adopts alternative methods of utilizing NXXs. 13.4 13. 14. OneEighty will also designate a Routing Point for each assigned NXX code. OneEighty shall designate one location for each Rate Center Area in which the OneEighty hasestablrshed NXXco,ee(s) as the Routing Point for the NPA-NXXsassociated with that Rate Center Area, and such Routing Point shall be within the same LA T Aas the Rate. Center Area but not necessarily within the Rate Center Area itself. Unless specified otherwise, calIsta subsequentNXXs of OneEighty will be routed in the same manner as calls to OneEighty'sinitial NXXs. Notwithstanding anything to thecontrarycpntained herein, nothing in this Agreement is intended,andnothing in this Agreement snail be construed , to inany way constrain OneEighty's choices regarding the size ofthe local calling area(s) that OneEighty may establish for its Customers, whichloca! calling areas may be larger than, smaller than , or identical to Verizon s local calling areas. Joint Network Implementationand Grooming Process; and Installation Maintenance, Testing and Repair 14. 14. Verizon ICA Joint Network Implementation and Groornina Process Upon request of either Party, the Parties shall jointly develop an implementation and grooniing process (the "Joirtt Grooming Process" or "Joint Process ) whichmay define and detail, inter8olia: 14.1 standards to ensure that Interconneotion Trunks experience a grade of ser"lfice, avciilabilityand quality which is comparable to that achieved on interoffiCe trunks within Venzon s netWOrk and in accord with all apprdpriat~relevant industry-accepteo quaITty, reliability and availability stand8ords, Exc;;ePt as dth~rwise stated in this Agreement trunksprbvidedbYeith~r Party fOr Ihterodnnection services will be engineered usil1g ad'e5ign:'bIOckingobjective of 8.01. 14.2 the respective duties and responsibilitiesofthe Parties with respect the administration and maintenance ofthetrunk groups, including, but not limited to, stanqards and prpcedures for notification and discoveries of trunk disconnects; 14.3 disaster recovery provision escalations; 14.1.4 additional technically feasIble and geographically relevant IP(s) in a LATA 80s provided in Section 2; and 14.5 such other matters as the Parties may agree, including, e., End Office to End Office high usage trunks as good engineering practices may dictate. Installation, Maintenance; Testinaand Repair. Unless otherwise agreed in writing by the Parties, to the extent required by Applicable Law, Interconnection provided by a Party shall be equal in quality to that provided by such Party to itself; any subsidiary, affiliates or third party. If either Partyisunableito fulfiliitsobHgations under this Section 14., it shall notifythe other Party of its inability to dosQan€lwill negotiate alternative intervals ingood faith. The Parties agree that to the. extent required by Applicable Law, thestanaards to be usedbya Party foris,olating and clearing any disconnectionsand/or other outagesortroubles shall be ,at parity with standards used by such Party with respect to itself, any subsidiary, affiliate or third party. 14. Verizon ICA Forecastina Reauirements for Trunk Provisioning Within ninety (90) days of executing this Agreement, OneEighty shall provide Verizon a two (2) year traffic forecast. This initial forecast will provide the amount of traffic to be delivered to and from Verizon over each of the Interconnection Trunk groups over the next eight (8) quarters. The forecast shall be updated and provided to Verizon on an a5-'-needed basis but no less frequently than semiannually. All forecasts shall comply with the Verizon CLEC Interconnection TrunkingForecast Guide. and shall include, at a minimum, Access Carrier Terminal LocatiOn (ACTL) , traffic type (Reciprocal Compensation TrafficlToll Traffic, Operator Services, 911 , etc.), code (identifies trunk group), A location/Z location (CLLI codes forOneEighty-IPSand Verizon-IPs), interface type (e. DS1), and trunks in service each year (cumulative). 14.Initial ForecastslTrunkina Reauirements. Because Verizon s trunking requirements will, at least during an initial period, be dependent on the Customer segments and service segments within Customer segments to whom OneEighty decides to market its services, Verizon will be largely dependent on OneEighty to provide accurate trunk forecasts for both inbound (from Verizon) and outbound (to Verizon) traffic. Verizon will, as an initial matter, provide the same number of trunks to terminate Reciprocal Compensation Traffic to OneEighty as OneEighty provides to terminate Reciprocal Compensation Traffic to Verizon. At Verizon sdiscretion, when On~Eighty expressly identifies particular situations that are ~xpectedto produce traffic that is substantially skewed in either the inbound or outbound direction, Verizon will provide the number of trunks OneEightysl.lggests; provided, however that in all cases Verizon s provision of the forecasted number of trunks to OneEighty is conditiqned on the following: that such forecast is based on reasonable engineering criteria, there are no capacity constraints, and OneEighty's previous forecasts have proven to be reliable and accurate. 14.Monitorinaand Adiustinq Fore.casts. Verizon will, for ninety (90) days, monitor traffic on each trunk group that it establishes at OneEighty's suggestion or request pursuant to the procedures identified in Section 14.3. At the end of such ninety-(90) day period, Verizon may disconnect trunks that, based on reasonable enQineering criteria and capacity constraints, are not warranted by the actual traffic volume experienced. If, after such initial ninety (90) day period for a trunk group, Verizon determines that any trunks in the trunk group in excess of two (2) DS~ 1 s are not warranted by actual traffic volumes (considering engineering criteria for busy Centium Call Second (Hundred Call Second) and blocking percentages), then Verizon may hold OneEighty financially responsible for the excess facilities. In subsequent periods, Verizon may also monitor traffic for ninety '(90) days on additional trunk groups that OneEighty suggests or requests Verizon to establish. If, after any such (90) day period, Verizon determines that any trunks in the trunk group are hOt warranted by actual traffic volumes (considering engineering criteria for busy hour Centium Call Second (Hundred Call Second) and blocking percentages), then Verizon may hold OneEighty financially responsible for 14.1.2 15. the excess facilities. At any time during the relevant ninety- (90) day period, OneEighty may request that Verizon disconnect trunks to meet a revised forecast. In such inst~ncesi Verizon may hold OneEighty financially responsible for the disconnected trunks retroactive to the start of the ninety (90) day period through the date such trunks are disconnected. 15. Number Portability - Section 251 (B)(2) 15. Verizon ICA Scope The Parties shall provide Number Portability (NP) in accordance with rules and regulations as from time to time prescribed by the FCC. Procedures for Providina LNP ("Lona-term Number Portability" The Parties Will follow the LNP provisioning process recommended by the North American Numbering Council (NANC) andad$ptedby the FCC. In addition, theParties agree to follow the LNP ordering procedures established at the OBF. The Partiessl1aH provideLNP on a reciprocal basis. 15.1 A Customer atone Party C'Party A") elects to become a Customer of the other Party ("Party B"). The Customer elects to utilize the original telephone number(s) corresponding to the Telephone Exchange Service(s) it previously received from Party A, in conjunction with the Telephone Exchang.e Service(s) it will now receive from Party B. After Party B has received authonzation frpm the Customer in accordance with Applicable Law and sends an LSR to Party A, Parties A and B will work together to port the Customer's telephone number(s) from Party s network to Party B's network. 15.2 When a telephone number is ported out of Party A's network, Party A will remove any non~prOprietaryline based callingcard(s) associated with the ported number(s)fromitsL.,ine InfQrmation Database (LlDB). Reactivation of the line-based calling card in another LlDB, if desired is the responsibility of Party B Gr Party B's Customer. 15.3 When a Customer Of Party A ports their telephone numbers to Party B and the CuStomer has previously,secureda reservation of line numbers fromPartyA for possible activation at a future point, thesereserved but inactive numbers may be ported along with the active numbers to be portedprOvide'd the numbers have been reserved for the Customer. Party B may request that Party A port all reserved numbers assigned to the Customer or that Party A port only those numbers listed by Party B. As long as Party B maintains reserved but inactive numbers ported for the Customer, Party A shall not reassign those numbers. Party B shall not reassign the reserved numbers to another Customer. 15.2.4 When a Customer of Party A ports their telephone numbers to Party B , inthe process of porting the Customer's telephone numbers, Party AshaH implement the ten-digit trigger feature. where it is available. When Party A receives the porting request, the unconditional trigger shall be applied to the CI,/$tomer's line before the due date of the porting activity. When the ten-digit unconditional trigger is not available, PartyA and Party B must coordinate the disconnect activity. 15. 15.4 Verizon ICA 15.5 The Parties shall furnish each other with the Jurisdiction Information Parameter (JIP) in the Initial Address Message (lAM), containing a Local Exchange Routing Guide (LERG)-assigned NPA-NXX (6 digits)identifying the originating switch on calls originating from LNP capable switches. 15.6 Where LNP is commercially available, the NXXs in the office shall be defined as portable, except as noted in 15., and translations will bechanged in the Parties' switches to open those NXXs for database queries in all applicable LNP capable offices within the LATA of the given switch(es). On a prospective basis, all newly deployed switches will be equipped with LNP capability and so noted in the LERG. 15.7 All NXXs assigned to LNP capable switches are to be designated as portable unless a NXX(s) has otherwise been designated as non- portable. Non-portable NXXs include NXX codes assigned to paging, cellular and wireless services; codes assigned for internal testing and official use and any otherNXX codes required to be designated as non-portable by the rules and regulations of the FCC. NXX codes assigned to mass calHngon a choked network may not be ported using LNP technology but are portable using methOds established by the NANC and adopted by the FCC. On a prospective basis, newlyassigned codes in switches capable of porting shall become commercially available for porting with the effective date in thenetwork. 15.8 Both Parties' use ofLNP shall meet the performance criteria specified bythe FCC. Both Parties will act as the default carrier for the other Party in the event that either Party is unable to perform the routing necessary for LNP. Procedures for Providino NP Throuoh Full NXX Code Mioration. Where a Party has activated an entire NXX for a single Customer, or activated atleast eighty percent (80%) of an NXXfor a single Customer, with the remaining numbers in that NXX either reserved for future use by that Customer or otherwise unused, if such Customer chooses to receive Telephone Exchange Service from the other Party, the first Party shall cooperate with the second Party to have the entire NXX reassigned inthe LERG (and associated industry databases, routingtables, etc.) to an End Office operated by the second Party. Such transfer will be accomplished with appropriate coordination between the Parties and subject to appropriate industry lead times for movements of NXXs from one switch to another. Neither Party shall charge the other in connection with this coordinated transfer. Procedures for Providino INP (Interim Number Portability) The Parties shall provide Interim Number Portability (lNP) in accordance with rules and regulations prescribed from time to time by the FCC and state regulatory bodies, the Parties respective company procedures, and as set forth inthis Section 15.4. The Parties shall provide INP on a reciprocal basis. 15.4.1 In the event that either Party, Party B, Wishes to serve a Customer currently served atan End Office of the other Party, Party A, and thatEnd Office is not LNP-capable, Party A shall make INP available only where LNP is not commercially avaHableor not required by FCC orders and regulations. INP will be provided by remote call forwarding 15. Verizon ICA (RCF) andlor direct inward dialing (DID) technology, which will forward terminating calls to PartyB's End Office. Party B shall provide Party Awith an appropriate "forward-" number. 15.4.2 Prices for INP and formulas for sharing Terminating access revenues associated with INP shall be provided where applicable, upon requestby either Party. 15.4.3 Either Party wishing to use DID to provide for INP must request a dedicated trunk group from the End Office where the DID numbers are c~rrentlyserved to the new'serving'-End Office. If there are no existing facilities between the respective End Offices, the dedicated facilities and transporttrunks will b'eprovisioned as:unbundled service through the ASR provisioning process. The requesting party will reroute theDID numbers to the pre-positioned trunk group using the LSR provisioning process. DID trUnk rates are contained in the Parties respective tariffs. 15.4.4 The Parties Agree that, per FCC 98-275, Paragraph 16, effective upon the date LNP is available at any End Office of one Party, Party A prOviding INP for Customers of the other Party, Party B, no further orders will be aecepted'for neWINPat thatEnd Office. Orders for new INP receivedpribrtothat date, and change ordersfbrexisting INP shall be WOrked by Party A. Orders fbrnewlNP received by Party A on or aftetthatdate shall be rejected. ExistinglNP will be grand-fathered , suBject to SectiOn 15.4., below. 15.4.5 In offices equipped with LNP prior to September 1 , 1999 for former Bell Atlantic offices and October 1 ' 2QOO for former GTE offices, the Parties agreeto werk togethertocpnvert all existing INP..served Customers to lNPby December 31 , 2000inaccer-dance with a mutually agreed to conversion process and schedule. If mutually agreed to by the Parties the conversion period may be extended one time by no more than 90 days from December 31 2000. 15.4.6 Upon availability of LNP after October 1 , 2000 at an End Office of either Party, both Parties agree to work together to convert the existing INP- served Customers toLNPbynolater than 90 days from the date of LNP availability unless'otherwise agreed to by the Parties. 15.4.7 When, through no fault ofVerizon , alllNP has not been converted to LNP at the end of the agreed to conversion period, then the remaining INPs wiU be changed tea functionally equivalent tariff service and billed to OneEighty at the tariff rate(s) for the subject jurisdiction. Proceduresfo.r LNPReGluest. The PartiesshaHpro\liqe for thereq:uestingof End Office LNP capability on areciprocatbasis thro~,gh swritten request The Parties acknowledge that VerizonhasdeploY'ed LNPthroughout its network in compliance with FCC 96-286 andother applicable FCC rules. 15.1 If Party B desires to have LNP capability deployed in an End Office of Party A, which is not currently capable, Party B shall issue a LNP request to Party A. Party A will respond to the Party B, within ten (10) days of receipt of the request, with a date for which LNP will be available in the requested End Office. Party A shall proceed to provide 16. for LNP in compliance with the procedures and timelines set forth in FCC 96-286, Paragraph SO, and FCC 97-74, Paragraphs 65 through 67. 15.2 The Parties acknowledge that each can determine the LNP-capable End Offices of the other through the Local Exchange Routing Guide (LERG). In addition the Parties shall make information available upon request showing their respective LNP-capable End Offices, as set forthin this Section 15. 16. Transport and Termination of Indirect Interconnection Traffic 16. 16. 16.4 Verizon ICA Network Interconnection Architecture Traffic to be Exchanoed The Parties shall reciprocally terminate mandatory EAS, optional EAS and IntraLATA Toll originating on each other's networks utilizing Indirect Network Interconnections. Network Interconnection Architecture. Each Party will plan, design, construct and maintain the facilities within their respectivesY$tems as are necessary and proper for the provision of traffic covered by this Agreement. These facilities include but are not limited to, a sufficient number of trunks to the point of interconnection with the tandem company, and sufficient interoffice and interexchangefacilities and trunks between its own central offices tp adequately handle traffic between all central offices within the service areas at P.01 grade of service or better. The provisioning and engineering of such services and facilities will comply with generally accepted industry methods and practices, and will observe the rules and regulations of the lawfully established tariffs applicable to the services provided. Operator Services Calls Each Party agrees to coordinate the interconnection of their operator service bureau with the operator service bureau ofthe otherparty in order to provide forthe exchange of miscellaneous services, e.g. Busy Line Verificationllnterrupt Directory Assistance, Can Completions. Traffic Recordino The traffic recording and identification functions required to provide the services specified hereunder shall be performed by the Parties except for the functions performed by the tandem company on behalf of a Party. Each Party will calculate terminating minutes of use based on standard Automatic Message Accounting recordings jTlade within each Party's network or by the tandemcompany. The Parties agree they will, to the extentfeasible, make every attemptto accurately capture and report the actual usage interchanged between them for use in calculating the necessary compensation under this Agreement. In the event detailed terminating billing records are not available, summary billing reports may be used. RESALE ATTACHMENT General Verizon shall provide to OneEighty, in accordance with this Agreement (including, but not limited to, Verizon s appli~bJeTa.riffs) and the. requirements of Applicable Law, VerizonTelecommunications Services for resale by Onet;J9hty; provided, that notwithstandingany other provision of this Agreement, Verizon shaH be obligated to provide Telecommunications Services to OllleEightyonly to the extent required by Applicable Law and may decline to provide a Tej~9.ornmunications Service to OneEighty to the extent that provision of such Telecommunications SerVice is not required by Applicable Law. Use of Verizon Telecommunications Services Verizon Telecommunications Services may be purchased by OneEighty under this Resale Attachment only for the purpose of resale by OneEighty as a Telecommunications Carrier. Verizon Telecommunications Services to be purchased by OneEighty for other purposes (including, but not limited to OneEighty's own use) must be purchased by OneEighty pursuant to other applicable Attachments to this Agreement (if any), or separate written agreements, inCI udirfg , botnot lirhitedto, appHcable Verizon Tariffs. OneEighty shall not resell: Residential service to persons not eligiale to subscribe to such service from Verizon(including, but not limited to, business or other non residential Customers); Lifeline, Link I:JpAmerica, or other means-tested service offerings, toersonsnoteligibletosubscribeto such service offerings from Verizon; Grandfathered or discontinued service offerings to persons not eligible to subscribe to such service offerings from Verizon; or 2.4 Any other Verizon service in violation of a restriction stated in this Agreement (including, but not limited to, a Verizon Tariff) that is not prohibited by AppHcableLaw. In addition to any other actions taken by OneEighty to comply with this Section 2., OneEighty shall take those actions required by Applicable Law to determine the eligibility of OneEighty Customers to purchase a service, including, but not limited to, obtaining any proof or certificationof eligibility to purchase Lifeline, Link Up America, or other means-tested services, required by Applicable Law. OneEighty shall indemnify Verizonfrorn any Claims resulting from OneEighty's failureto taKe such actions required by Applicable Law. Verizonmayperform audit$to cenfirm OneEighty's conformity to theprevisions of this Section 2.2, Such audits may be performed twice per calendar year and shall be performed in accordance with Section 7 of the General Tenilsarld Conditions. Verizon ICA 2.4 OneEighty shall be subj~ct to the same limitations that Verizon s Customers aresubject to with respect to anyTelecommunications Service that Verizon grandfathers or discontinues offering. Without limiting the foregoing, except to the extent that Verizon follows a different practice for Verizon Customers in regard to a grandfathered Telecommunications Service, such grandfathered Telecommunications Service: (a) shall be available only to a Customer that already has such Telecommunications Service; (b) may not be moved to a new service location; and (c) wHLbefurnished only to the extent that facilities continue to be available to provide such Telecommunications Service. OneEighty shall not be eligible to participate in any Verizon plan or program under which Verizon Customers may obtain products or services, which are notVerizon Telecommunications Services, in return for trying, agreeing to purchase purchasing, or using Verizon Telecommunications Services. In accordance with 47 CFR 9 51.617(b), Verizon shall be entitled to all charges for Verizon Exchange Access services used by interexchange carriers to provide service to OneEighty Customers. Availability of Verizon Telecommunications Services Verizon ICA Verizon will provide a Verizon Telecommunications Service to OneEighty for resale pursuant to. this Attachment where andto the same extent, but only where and to the same extent that such Verizon Telecommunications Service is provided to Verizon s Customers. Except as otherwise required by Applicable Law, subject to Section 3., Verizon shaUhave the right to add, modify, grandfather, discontinue or withdraw Verizon Telecommunications Services at any time, without the consent of OneEighty. To the extent required by Applicable Law, the Verizon Telecommunications Services to be provided to OneEighty for resale pursuant to this Attachment will include a Verizon Telecommunications Service customer-specific contract service arrangement ("CSA") (such as a customer specific pricing arrangement or individual case based pricing arrangement) that Verizon is providing to a Verizon CustomeraHhe tIme the CSAis requested by OneEighty. Responsibility for Charges OneEighty shall be responsible for and pay all charges for any Verizon Telecommunications Services provided by Verizon pursuant to this Resale Attachment. Operations Matters Facilities. Verizonand its suppliers shall retain all of their right, title and interest in all facilities, eqUipment, so.ftware, infOrmation, and wiring used to provide Verizon Telecommunications Services. Verizon shall have access atall reasonable times to OneEighty Customer locations for the purpose of installing, inspecting, maintaining, repairing, and removing, facilities, equipment, software and wiring usedto provide the Verizon Telecommunications Services. OneEighty shall, at OneEighty's expense, obtain any rights and authorizations necessary for such access. Except as otherwise agreed to in writing by Verizon, Verizon shall not be responsible for the installation, inspection, repair, maintenance, orremoval of facilities, equipment, software, or wiring provided by OneEighty or OneEighty Customers for use with Verizon Telecommunications Services. Brandina Except as stated in Section 5.2 of this Attachment, in providing VerizonTelecommunications Services to OneEighty, Verizon shall have the right (but not the obligation) toideAtify the Verizon Telecommunications Services with Verizon strade names, trademarksand service marks ("Verizon Marks ), to the same extent that these Services are identified with Verizon sMarks when they are provided to Verizon s Customers.AAY such identificationofVerizon Telecommunications Services snaHnotconstittltethegrant of a license or other right to OneEightytouseVerizon s Marks. 2 To the extent required by Applicable Law, upon request by OneEighty and at prices, terms and conditions to be negotiated by OneEighty and Verizon, Verizon shall provide Verizon Tei~communications Services for resale that are identified by OneEighty's trade name, or that are not identified by trade name, trademark -or service mark. IfVerizonuses a third""party contractorteprovide.Yerizon Operator Services or Verizon Directory Assistance Serviees, GneEighty will be responsible for entering into a direct contractual arrangement with the third-party contractor at OneEighty'sexpense(a) to obtain identification ,ofVerizon Op.erat-or ServicesorVerizon Directory Assistance Services purchased by OneEighty for resale with OneEighty'stradename, or (b) to obtain removal0fVerizon Marks from Verizon Operator Services or Veriz€m Directory Assistance Services purchasedlDy OneEightyfor resale. Rates ..nd Charges The rates andcharges for Verizon Telecomrnunication Services purchased by OneEighty for resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing Attachment. Verizon ICA General Verizon leA NETWORK ELEMENTS ATTACHMENT Verizon shaH provide to OneEighty, in aecordance with this Agreement (including, but notlimited to, Verizon s applicable Tariffs) and the requirements of Applicable Law, access to Verizon s Network Elements on an unbundled basis and in combinations (Combinations); provided, however, that notwithstandingany other provision of this Agreement, \lerizon shaH be obligated to provide unbundled Network Elements (UNEs) and Combinations to OneEighty only to the extent required by Applicable Law and may decline to provide UNEs or Combinations to OneEighty to the extent that provision of such UNEs or Combinations is not required by Applicable Law. Except as otherwise required by Applicable Law: (a) Verizon shall be obligated to provide aUNE or Combination pursuant to this Agreement only to the extent such UNE or Combination, ami the equipment and facilities necessary to provide such UNE or Combination, are available in Verizon s network; (b) Verizon shall have no obligation to constructor deploy new facilities or equipment to offer any UNE or Combination; and, (c) Verizon shall not be obligated to combine Network Elements that are not alrea9ycombinedin Verizon s network. Consistent with the foregoing, shouldOneEighty,engage in a pattern of behavior that suggests thatOneEighty either (i) knoWingly induces VerizonCustomers to order Telecommunications Services fromVerizon with the primary intention of enabling OneEighty to convert those Telecommunications Services to UNEs or Combinations, or (ii)itself orders Telecommunications Services from Verizon without taking delivery of those Telecommunications Services in order to induce Verizon to construct facilities that OneEighty then converts to UNEs or Combinations, then Verizon will provide written noticeto OneEighty that its actions suggest that OneEighty is engaged in a pattern of bad faith conduct. IfOneEightyfaHs to respond to this notice ina manner that is satisfactory to Venzoh WitHin fifteen (15) Business Days, tHen Verizon shall have the tight, withthirty (30) calendar days advance written notice to OneEig'hty, to institute an embargo on provision of new services and facilities to OneEighty. This embargo shall remain in effect until OneEighty provides Verizon with adequate assurances that the bad faith conduct shall cease. Should OneEighty repeat the pattern of conduct following the removal of the service embargo, then Verizon may elect to treat the conduct as an act of material breach in accordance with the provisions of this Agreement that address default. OneEighty may use a UNE or Combination only for those purposes for which Verizon is required by Applicable Law to provide such UNE or Combination to OneEighty. Without limiting the foregoing, OneEighty may use a UNE or Combination (a) only to provide a Telecommunications Service and (b) to provide Exchange Access services only to the extent that Verizon is required by Applicable Law to provide such UNE or Combination to OneEighty in order to allow OneEighty to provide such Exchange Access services. Notwithstanding any other provision of this Agreement:1.4 1.4.1 To the extent Verizon is required by a change in Applicable Law to provide to OneEighty a UNE or Combination that is not offered under this Agreement to OneEighty as of the Effective Date, the termsconditions and prices for such UNE or Combination (including, but not limited to, the terms and conditions defining tne UNE or Combination and stating when and where the UNE or Combination will be available and how it will be used , and terms, conditions and prices for pre- ordering, ordering, provisioning, repair, maint~nance and billing) shall be as provided in an applicable Verizon Tariff, or, in the absence of an applicable Verizon Tariff, as mutually agreed in writing by the Parties. 1.4.2 Verizon shall not be obligat~d to provide to OneEighty, and OneEighty shall not request from Verizon, access to a proprietary advanced intelligent network service. Without limiting Verizon srights pursuant to Applicable Law or any other section of this Agreement to terminate its provision of a UNE or a Combination, if Verizon provides a UNE or Combination to OneEighty, and the Commission, the FCC, a court or other govemmental body of appropriate jurisdiction determines or has determined that Verizon is not required by Applicable Law to provide such UNE or Combination, Verizon may terminate its provision of such UNE or Combination to OneEighty. If Verizon terminates its provision of a UNE or a Combination to OneEighty pursuant to this Section 1.5 and OneEighty elects to purchase other services offered by Veriz.on in plaee of suCh UNE or Combination , then: (a) Verizon shall reasQ'nably Gooperate with OneEighty to coordinate the termination of such UNEor Combination and the instaHation of such ,services to minimize the interruption of service to Customer-Sof OneEighty; and, (b). QneEighty shall pay all applicable charges for such services, including, but not limited to, all applicable Installation charges. Nothingcontained in this Agreemen~sl1alJ be deemed to constitlJte an agreement by Verizon that any item identified in this Agreernentas a Network Element is (i) a Network Element under A,ppliCC3;ble LCiW, or (iJ) a Networkplement Verizon isrequired by ApplicaeIeLawtoprqy,i(je toOneEighty on an unbundled basis or in combination with other Network Elements. Except as otherwise expressly stafeclin this Agreement, OneEighty shall access Verizon s UNEs specifically identified in this Agreement via Collocation in accordance with the Collocation Attachment at the Verizon Wire Center where those UNEs exist, and each Loop or Port shaH, in the case of, Collocation, bedelivered toOneEighty's Collocation node by means of a Cross Connection. If as the result of OneEighty ClIstomer actions (Le., Customer Not Ready CNR")); Verizon cannot co rr'I plete requested work activity when a technician has been dispatched to the OneEighty Customer premises, OneEighty will beassessed a non-recurring charge associated with this visit. This charge will be the sum of the applicable Service Order charge as provided in the Pricing Attachment and the Pr~mises Visit Charge as provided in Verizon s applicableretail or wholesale Tariff. Verizon s Provisio.n of Network Elements Subject to the conditions set forth in Section 1 , in accordance with, but only to the extentrequired by, Applicable Law, Verizon shaH provide One Eighty acceSs to the following: Verizon ICA Loops, as set forth in Section 3; 2.4 Line Sharing, as set forth in Section 4; Line Splitting, as set forth in Section 5; Sub-Loops, as set forth in Section 6; Inside Wire, as set forth in Section 7; Dark Fiber, as set forth in Section 8; Network Interface Device, as set forth in Section 9; Switching Elements, as set forth in Section 10; Interoffice Transmission Facilities (IOF), as set forth in Section 11; Signaling Networks and Call-Related Databases, as set forth in Section 12; Operations Support Systems, as setforth in Section 13; and Other UNEs in accordance with Section 14. Loop Transmission Types Subject to the conditions set forth in Section 1 , Verizon shall allow One Eighty to access Loops unbundled from local switching and local transport, in accordance with this Section 3 and the rates and charges provided in the Pricing Attachment Verizon shall allow OneEighty access to Loops irraccOrdance With, but only to extent required by, Applicable Law. The available Loop types are as set forth below: 3.4 Verizon ICA 2 Wire Analog Voice Grade Loop" or "Analog 2W' provides an effective 2-wire channel with 2-wire interfaces at each end that is suitable for the transport of analog Voice Grade (nominal 300 to 3000 Hz) signals and loop-start signaling. This Loop type is more fully described in Verizon TR-72565, as revised from time-to-time. If "CustOmer-Specified Signaling" is requested, the Loop will operate with one of the folloWing signaling types that may be specified when the Loop is ordered: loop-start, ground-start, loop-reverse-battery, and no signaling. Customer specified signaling is more fully described in Verizon TR-72570, asrevised from time-to-time. Wire Analog Voice Grade Loop" or "Analog 4W' provides an effective 4-wire channel with 4-wire interfaces at each end that is suitable for the transport of analog Voice Grade (nominal 300 to 3000 Hz) signals. This Loop type will operate with one of the following signaling types that may be specified when the Loop is ordered: loop-start, ground-start, loop-reverse-battery, duplex, and no signaling. This Looptype is more fully described in Verizon TR-72570, asrevised from time-to,,-time. Wire ISDN Digital Grade Loop" or "BRIISDN" provides a channel with 2-wire interfaces at each end that is suitable forthe transport of 160 kbps digital services using the ISDN 2B1Q line code. This Loop type is more fully describedin ANSI T1.601-1998 and Verizon TR 72575, (as revised from time-to-time. Insome cases loop extension equipment may be necessary to bring the line loss within acceptable levels. Verizon will provide loop extension equipment only upon request. A separate charge will apply for loop extension equipment. Wire ADSL-Compatible Loop" or "ADSL 2W provides a channel with 2-wireinterfaces at each end that is suitable for the transport of digital signals up to 8 Verizon ICA Mbps toward the Customer and up to 1 Mbps from the Customer. This Loop type is more fully described in Verizon TR-72575, as revised from time-to-time.ADSL--Compatible Loops wHI.beav;ailable only where existing copper facilities are available and meet applicable specifications. Verizon will not build new copper facilities. The upstream and down$~m ADSL power spectral density masks and de line f3ower limits in Verizon TR 72575, as revised from time-to-time, must be met. Wire HDSL-Compatible Loop" or "HDSL 2W" consists of a single 2-wire non- loaded, twisted copper pair that meets the carrier serving area design criteria. This Loop type is mOre fully described in Verizon TR-72575, as revised from time--to-time. The HOSt powerspectraldensjtymCisk and dc line power limitsreferenced in Verizon TR 72575, as revised from tirne-to-time, must be met. 2- wire HDSt--compatibJelocaIIOQPs will be provided only where existing facilities are available and can meetapplicable specifications. VeriiZon will not build new copper facilities. The 2-wire HDSL-compatible loop is available only in Bell Atlantic Service Areas. 4-Wire HDSL-CompatibleLoop" or "HDSL 4W" consist~of two 2-wire non- loaded, twisted copper pairs that meet the carrier serving area design criteria. This Loop type is more fully described in Verizon TR-72575 , as revised from time-to-time. The HDSL power spectral density mask and dc line power limits referenced in VerizonTR 72575/as revised from tinie-to-time, must be met. 4- Wire HDSL..comf3atibl.e local loops will be provided only where existing facilities are available and can meet applicable specifications. Verizon will not build newcopper facilities. 4-Wire DS1-compatible Loop" provides a channel with 4-wire interfaces at each end. Each 4-wire channel is suitable for the transport of 1.544 Mbps digital signals simultaneously in both directions using PCM line code. This Loop type is more fully described in ANSI T1.40~and Verizon TR 72575, as revised from time-to-time. DS-1-compatible Loops will be available only where existing facilities can meet the specifications in ANSI T1.403 and Verizon TR 72575. as revised from time-to-time. Wire IDSL-Compatible Metallic Loop" consists of a single 2-wire non-loaded twisted copper pair that meets revised resi~tance design criteria. This UNE Loop is intended to be used with very-low band symmetric DSL systems that meet the Class 1 signal power limits and other criteria in the draft T1 E1.4 loop spectrum management standard (T1 E1.4/2000-002R3) and are not compatible with 2B1 160 kbpslSDN transport systems. The actual data rate achieved depends upon the performance of CLEC-provided modems with the electrical characteristics associated with the loop. This Loop type is more fully described in T1 E1.4/2000- 002R3. This loop cannot be provided via UDLC. IDLC-compatible local loops will be provided only where facilities are available and can meet applicable specifications. Verizon will not build new copper facilities. Wire SDSL-Compatible Loop , is intended to be used with low band symmetric DSL systems that meet the Class 2 signal power limits and other criteria in the draftT1 E1.4loop spectrum management standard(T1 E1.4/2000-002R3). This UNE loop consists of a single 2-wirE!non-loaded, twisted copper pair that meetsClass 2 length limit in T1E1.4;/20QO;.Q02R3. The data rate achieved depends on the performance of the CLEC-provided modems with the electrical characteristics associated with the loop. This Loop type is more fully described in T1 E1.4/2000- 002R3. SDSL-compatible local loops will be provided only where facilities areavailable and can meet applicable specifications. Verizon will not build new copper facilities. Verizon ICA Wire 56 kbps Loop" is a 4-wire Loop that provides a transmission path that is suitable for the transport of digital data at a synchronous rate of 56 kbps in opposite directions on such Loop simultaneously. A 4-Wire 56 kbps Loopconsists of two pairs of non-leaded copper wires with no intermediate electronics or it consists of universal di!jJItalloop carrier with 56kbps DDSdataport transport capability. Verizon shall provide 4-Wire 56 kbps Loops to OneEighty in accordance with , and subject to, the technical specifications set forth in Verizon Technical Reference TR72575, Issue 2, as revised from time-to-time. DS-3 Loops" will support the transmission of isochronous bipolar serial data at a rate of 44.736 Mbps or the equivalent of 28 DS-1 channels. This Loop type is more fully described in VerizOnTR 72575 as revised from time to time. The DS-3 Loop includes the electronics necessary to provide the DS-3 transmissionrate. A DS-3 Loop will only be provided. where the electronics are at the requested installation date currently available for the requested loop. Verizon will not install new electronics. Digital Designed Loops" are comprised of designed loops that meet specific OneEighty requirements for metallic loops over 18kft. or for conditioning of ADSL, HDSL, SDSL, IDSL, orBRIISDNLoops. "Digital Designed Loops" may include requests for: 12.1 a 2W Digital Designed Metallic Loop with a total loop length of 18k to 30k ft., unloaded , with the option to remove bridged tap; 12.2 a 2W ADSL Loop of 12k to 18k ft. with an option to remove bridged tap; 12.3 a 2W ADSL Loop of less than 12k ft. with an option to remove bridged tap; 12.4 a 2W HDSL Loop of less than 12k ft. with an option to remove bridgedtap: 12.5 a 4W HDSL Loop of less than 12k ft with an option to remove bridged tap; 12.6 a 2 W Digital Designed Metallic Loop with Verizon-placed ISDN loop extension electroniCs; 12.7 a 2W SDSL Loop with an option to remove bridged tap; and 12.8 a 2W IDSL Loop of less than18k ft. with an option to remove bridged tap; Verizon shall make Digital DeSigned Loops available to OneEighty at the rates as setforth in the Pricing Attachment. The following ordering procedures shall apply to the xDSL Loops and Digital Designed Loops: 14.1 OneEighty shall place orders for xDSL Loops and Digital Designed Loops by delivering to Verizon a valid electronic transmittal service order or other mutually agreed upon type of service order. Such service order shall be prOvided in accordance with industry format and specifications or such forniat and specifiCations as may be agreed to by the Parties. Verizon ICA 14.2 Verizon is conducting a mechanizE!d survey of existing Loop facilities, ona Central Office by Central Office basis, to identify those Loops that meet the applicable technical characteristics established by Verizon for compatibility with ADSL, HDSL, IDSL, SDSL and BRIISDN signals. The result~of this survey will be stored in a mechanized database and made available to QneEjghty as the proc~ is completed in each Central Office. OneEig.hty mustutiUze this mechanized loop qualification database, where available, in advance of submitting a valid electronic transmittal service order for an ADSL, HDSL, IDSL SDSL or BRI ISDN Loop. Charges for mechanized loop qualification information are set forth.in the Pricing Attachment. 14.3 If the Loop is not listedinth,E! mechanized database described in Section 14., OneEighty must request a manual loop qualification prior to submitting a valid electronic service order for an ADSL, HDSL, SDSL IDSL, or BRIISDNLoop. The rates for manual loop qualification are set forth in the Pricing Attachment. In general, Verizon will complete a manual loop qualification request within three Business Days, although Verizon may require additional time due to poor record conditions spikes in demand,or other unforeseen events. 14.4 If a query to the mechanizE!dIoop quaHfication dCitapase or manual loop qualificationindiC?testhal?L.OPP does notquaJify (e., because it does not meet thE! appli~ble. technical parameters~t forth in the Loop descriptionsabove.), One.Eighty may,rE!quest anEngineering Query, as descri~ed inse.ction 3.14.&, to determine whethe.r the result is due to characteristi~, of ~hE! IQ9P itself (eog.specifi~ number and location of bridged taps, the specific number of loael. qoi(s, or the gauge of the cable). 14.5 If OneEighty submits aserviceorderfor an ADSL, HDSL, SDSL, IDSL or BRIISDN Loop that has not been prequaHfied, Verizon will query the service order back to OneEightyfQrqualification and will not accept such service order until the Loop hasbeenprequalified on a mechani:zedor manual basIs. If OneEig.htysubmits a service order for an ADSL, HDSL, SDSL IDSL or BRI1SDN Loop that is, in fact, not compatible with such services in'its existing condition, Verizon will respond back to OneEighty with a "Nonqualified" indicator and with inforrnatiQI'I showing whether the non-qualified result is due to the presence of load coils, presence of digital loop carrier, or loop length (including bridged tap). 14.6 Where OneEightyhas followed the prequalification procedure described above and has determined that a Loop is not compatible with ADSL HDSL, SDSL, lOSt, or BRIISDN service in its existing condition, it may either request an Engineering Query to determine whether conditioning may make the Loop compatible with the applicable service; or ifOneEigl:1ty is already aware of the conditioning required (e., whereOneEightyhas previously requested a qualification and has obtai nee lOop Characteristics), OneEighty may submit a service order for a DIgital ()esign'eclboop. Verizon will undertake to conditionor extend the LoopHnacCOi"dance with this Section 3.14 upon receipt of OneEiQhty's valid, accurate and pre-qualified service order for a Digital Designed Loop. The Parties will make reasonable efforts to coordinate their respective roles in order to minimize provisioning problems. In general, where conditioning or loop Verizon ICA extensions are requested by OneEighty, an interval of eighteen (18) Business Days will be required by Verizon to complete the lOop analysis and the necessary construction work involv~d in conditioning and/or extending the loop as follows: 15.1 Three (3) Business Days Will be required following receipt of OneEighty' valid, accurate andpre-qualifiedser'vice order for a Digital Designed Loop to analyze the Jdop and related plant records and to create an Engineering Work Order. 15.2 Upon completion of an Engineering Work Order, Verizon will initiate the construction order to perform the changes/modifications to the Loop requested by OneEighty. Conditioning activities are, in most cases able to be accomplIshed within fifteen (15) Business Days. Unforeseen conditions may add to this interval. After the engineering and conditioning tasks have been completed, the standard Loop provisioning and instaUation process will be initiated, subject to Verizon standard provisioning intervals. If OneEighty requires a change in scheduling, it must contact Verizon to issue a supplement to the original service order. If OneEighty cancels the request for conditioning after a loop analysis has been completed but prior to the commencement of constructlOriwork, OheEightyshall compensate Verizon for an Engineerihg Work Order charge assetforth ih the Pricing Attachment. If OneEightycancels the reqiJeStfor conditioning afterthe loop analysis has been completed and after constructiOn work has started or is complete, OneEighty shall compensate Verizon for an Engineering Work Order charge as well as the charges associated with the conditioning tasks perforrhed as set forth in the Pricing Attachment. Conversion of Live Telephone Exchange Service to Analog 2W Loops. 17.1 The following coordInation procedures shall apply to "live" cutovers of VerizonCustomerswho are converting their Telephone Exchange Services to OneEighty Telephone Exchange Services provisioned over Analog 2W unbundled Local LOOps ("Analog 2W Loops) to be provided by Verizon to OneEighty: 17.Coordinated cutover charges shall apply to conversions of live Telephone Exchange Services to Analog 2W Loops. When an outside dIspatch is required to perform a conversion, additional charges may apply. If OneEighty does not request a coordinated cutover, Verizon will processOneEighty's Order as a new installation subject to applicable standard provisioning intervals. OneEighty shall request Analog 2W Loops for coordinated cutover from Verizen by delivering to Verizon a valid electronic Local Service Request ("LSR"). Verizon agrees to acceptfrom OneEighty the date and time for the conversiOn designated on the LSR ("Scheduled Conversion Time ), provided that such designation is within the regularly scheduled operating hours oHhe Verizon Regional CLEC Control Center ("RCCC") and subject to the availability of Verizon s work force. In the event that Verizon s work force is not available, OneEighty and Verizon shall mutually agree on a New Conversion Time, as defined below. OneEighty 17. shall designate the Scheduled Conversion Time subject to Verizon standard provisioning intervals as stated in the Verizon CLEC Handbook, as may be revised from time to time. Within three (3) Business Days of Verizon s receipt ofsuch valid LSR, or as otherwise required by Applicable Law Verizon shall provide OneEighty the scheduled due date for conversion of the Analog 2W Loops covered by such LSR. 17.OneEighty shall provide dial tone at the OneEighty Collocation site at least forty-eight (48) hours prior to the Scheduled Conversion Time. 17.1.4 Either Party may contact the other Party to negotiate a new Scheduled Conversion Time (the "New Conversion Time provided, however, that each Party shall use commercially reasonable efforts to provide four (4) business hours advance notice to the other Party ofits request for a New Conversion Time. . Any Scheduled Conversion Time or New Conversion Time may not be rescheduled more than one (1) time in a Business Day, and any two New Conversion Times for a particular Analog 2W Loop shall differ by at least eight (8) hours, unless otherwise agreed to by the Parties. 17.If the New Conversion Time is more than one (1) business hour from the original Scheduled Conversion Time or from the previous New Conversion Time, the Party requesting such New Conversion Time shaH be subject to the following: 17. 17.If Verizon requests to reschedule outside of the one (1) hour time frame above, the Analog 2W Loops Service Order Charge for the original Scheduled Conversion Time or the previous New Conversion Time shall be waived upon request from OneEighty; and 17.2 If OneEighty requests to reschedule outside the one (1) hour time frame above, One Eighty shall be charged an additional Analog 2W Loops Service Order Charge for rescheduling the conversion to the New Conversion Time. If OneEighty is not ready to accept service at the Scheduled Conversion Time or at a New Conversion Time, as applicable, an additional Service Order Charge shall apply. If Verizon is not available or ready to perform the conversion within thirty (30) minutes ofthe Scheduled Conversion Time or New Conversion Time, as applicable Verizonand OneEighty will reschedule and, upon requestfrom OneEighty, Verizon will waive the Analog 2W Loop Service Order Charge for the original Scheduled Conversion Time. 17.The standard time interval expected from disconnection of a live Telephone Exchange Service to the connection of the Analog2W Loops to OneEighty is fifteen (15) minutes per Analog 2W Loop for all orders consisting of twenty (20) Verizon ICA Analog 2W Loops or less. Orders involving more than twenty (20) Loops will require a negotiated interval. 17.Conversions involving LNP will be completed according to North American Numbering Council ("NANC") standardsvia thereg.ional Number Portability Administration Center NPAC" 17.If OneEighty requires Analog 2W Loop conversions outside of the regularly scheduled Verizon RCCC operating hours such conversions shall be separately negotiated. Additional charges (e.g. overtime labor charges) may apply for desired dates and times outside of regularly scheduled RCCC operating hours. Verizon shall provide OneEightyaccess to its Loops at each of Verizon s WireCenters for Loops terminating in that Wire Center. In addition, if OneEighty orders one or more Loops provisioned via Integrated Digital Loop Carrier or Remote Switching technology deployed as a Loop concentrator, Verizon shall where available, move the requested Loop(s) to a spare physical Loop, if one is existing and available, atnoadditional charge to OneEighty. If, however, no spare physical Loop is available, Verizon shall within three (3) Business Days of OneEighty's request notify OneEighty of the lack of available facilities. OneEighty may then at its discretion make a Network Element Bona Fide Request pursuant to Section 14.3 to Verizon to provide the unbundled Local Loop through the demultiplexing of the integrated digitized Loop(s). One Eighty may also make a Network Element Bona Fide Request pursuant to Section 14. for access to Unbundled Local Loops aUhe Loop concentration site point. Notwithstanding anything to the contrary in this Agreement, standard provisioning intervals shall not apply to Loops provided under this Section 3.18. Line Sharing 4.2 Verizon ICA Line Sharing" is an arrangement by which Verizon facilitates OneEighty provision of ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), Multiple Virtual Line (MVL) (a proprietary technology), or any other xDSL technology that is presumed to be acceptable for shared line deployment in accordance with FCC rules, to a particular Customer location over an existing copper Loop that is being used simultaneously by Verizon to provide analog circuit-switched voice grade service to that Customer by making available to OneEighty, solely for OneEighty's ownuse, the frequency range above the voice band on the same copper Loop required by OneEighty to provide such services. This Section 4 addresses line sharing over loops that are entirely copper loops. Subject to the conditions set forth in Section 1 , Verizon shall provide Line Sharing to OneEighty for OneEighty's provision of ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), MVL (a proprietary technology), or any other xDSL technology that is presumed to be acceptable for shared line deployment in accordance with FCC rules, in accordance with this Section 4 and the rates and charges provided in the Pricing Attachment. Verizon shall provide Line Sharing to OneEighty in accordance with, but only to the extent required by, Applicable Law. In order for a Loop to be eligible for Line Sharing, the following conditions must be satisfied for the duration of the Line Sharing arrangement: (i) the Loop must consist of a copper loop compatible with an xDSL service that is presumed to be acceptable for shared-line deployment in accordance with FCC rules; (ii) Verizon must be 4.4 Verizon ICA providing simultaneous circuit-switched ,analog voice grade service to the Customer served by the Loop in question; (Hi) the Verizon Customer's dial tonemust orig:inate from a Verizon End Office Switch inthe Wire Center where the Line Sharing al'rangement iseeing Jequ~ted; and (iv) the xDSL technology to bedeployed, by OneEighty on that Loop must not significantly degrade the performance of other services provided on that Loop. Verizon shall make Line Sharing avaHaele to OneEighty at the rates and charges set forth in the Pricing Attachment. In addition to the recurring and nonrecurring charges shown in the Pricing Attachmeot for Line Sharing itself, the followingrates shown in the Pricing Attachment and in Verizon s applicable Tariffs are among those that may apply to aUne Sharing arrangement: (i) prequalificationcharges to determine whether a Loop is xDSL compatible (Le., compatible withan xDSL service that is presl.Jm~d, to be acceptable for shared-line deployment inaccordance with FCC rules); (ii)engineering query charges, engineering work order charg,, or Loop conditioning (Digital Designed Loop) charges; (Hi) charges associated with Collocation activities requested by OneEighty; and (iv) misdirected dispatch charges, charges for instaHation or repair, manualintervention surcharges, trouble isolation charges, and pair swap/line and stationtransfer charges. The following ordering procedures shall apply to Line Sharing: 4.4.1 To determine whether a Loop qualifies for Line Sharing, the Loop must firstbe prequalified to determine if it is xOSL compatible. OneEighty must utilize the Lo.op qualification processes described in the terms applicable to xOSL and DIgital Designed Loops to make this determination. 4.4.2 OneEighty shall place orders for Line Sharing by delivering to Verizon a valid electronic transmittal service order or other mutually agreed upon type of service order. Such service order shall be provided accordance with industry format and' specifications or such format and specifications as may be agreed to by the Parties. 4.4.3 If the Loop is prequalified by OneEighty through the Loop prequalification database, and if a positive response is received and followed by receipt of One Eighty's valid, accurate and pre-qualified service order for Line Sharing, Verizon will return an LSR confirmation within twenty- four (24) hours (weekends and holidays excluded) for LSRs with less than six (6) loops and within 72 hours (weekends and holidays excluded) for LSRs with six (6) or more loops. 4.4.4 If the Loop requires qllCilifjcatibn manually or through an Engineering Query, three (3) additional Business Days will generally be required to obtain Loop qualification results before an order confirmation can be returned foHow.ing receipt of OneEighty's valid, accurate request.Verizon may require additional time to complete the Engineering Query where there are poor record conditions, spikes in demand, or otherunforeseen events. 4.4.If conditioning is required to make a Loop capable of supporting Line Sharing and OneEighty orders such conditioning, then Verizon shall provide such conditioning in accordance with the terms of thisAgreement pertaining to Digital Designed Loops; or if this Agreementdoes not contain provisions pertaining to Digital Designed Loops, thenin accordance with Verizon s generally available rates, terms and Verizon ICA conditions applicable to Digital Design Loops; provided , however, that Verizon shall not be obligated to provide Loop conditioning if Verizon establishes, in the manner required by Applicable Law, that such conditioning is'likely to degrade significantly the voice-grade service being provided to Verizon s Customers over such Loops. 4.4.6 The standard Loop provisioning and installation process will be initiated for the Line Sharing arrangement only once the requested engineering and conditioning tasks have been completed on the Loop. Scheduling changes and charges associated with order cancellations after conditioning work has been initiated are addressed in the terms pertaining to Digital Designed Loops, as referenced in Section 4.4.5 above. The standard provisioning interval for the Line Sharing arrangement shall be as set out in the Verizon Product Interval Guide; provided that the standard provisioning interval for the Line Sharing arrangement shall not exceed the shortest ofthe following intervals: (a) siX (6) Business Days; (b) the standard provisioning interval for the Line Sharing arrangement that is stated in anapplicabJe Verizon Tariff; , (c) the standard provisioning interval for the Line Sharing arrangement that is required by Applicable Law. The standard provisioning interval for the Line Sharing arrangement shall commence only once any requested engineering and conditioning tasks have been completed. Line Sharing arrangements that require pair swaps or line and station transfers in order to free-up facilities may have a provisioning interval that is longer than the standard provisioning interval for the Line Sharing, arrangement. In no event shall the Line Sharing intervaJoffered to OneEighty be longer than the interval offered to any similarly situated Affiliate of Verizon. 4.4.OneEighty must provide all required Collocation, CFA, Special Bill Number (SBN) and NC/NGI information when a Line Sharing Arrangement is ordered. Collocation augments required , either at the Point of Termination (POT) Bay, Collocation node, or for splitter placement, mustbe ordered using standard collocation applications and procedures, unless otherwise agreed to by the Parties or specified in this Agreement. 4.4.8 The Parties recognize that Line Sharing is an offering that requires both Parties to make reasonable efforts to coordinate their respective roles in order to minimize provisioning problems and facility issues. OneEighty will provide reasonable, timely, and accurate forecasts of its Line Sharing requirements, including splitter placement elections and ordering preferences. These forecasts are in addition to projections provided for other stand~aloneunbundled Loop types. To the extent required by Applicable Law, OneEighty shall provide Verizon with information regarding the type of xDSL technology that it deploys on each shared Loop. Where any proposed change in technology is planned on a shared Loop, OneEighty must provide this information to Verizon in order for Verizon to update Loop records and anticipate effects that the change may have on the voice grade service and other Loops in the same or adjacent binder groups. As described more fully in Verizon Technical Reference 72575, the xDSL technology used by OneEighty fOr Line Share Arrangements shall operate within the Power Spectral Density (P$D) limits set forth in T1.413-1998 (ADSL),T1.419-2000 (Splitterless ADSL), or TR59-1999 (RADSL), and MVL (a proprietary technology) shall operate within the 0 to 4 kHz PSD limits of T1.413- Verizon ICA 1998 and within the transmit PSD limits of T1.601-1998 for frequencies above 4 kHz, provided that the MVL P$D associated with audible frequencies above 4 kHz shall be sufficiently attenuated to preclude significantly degrading voice services. OneEighty's deployment of additional Advanced Services shall be subject to the applicable FCC Rules. One Eighty may only access the high frequency portion of a Loop in a LineSharing arrangement through an established Collocation arrangement at the Verizon Serving Wire Center that contains the End Office Switch through which voice grade service is provided to Verizon s Customer. OneEighty is responsible for providing, through one of the splitter options described below, a splitter at thatWIre Center that complies with ANSI specification T1.413, employs Direct Current (DC) blocking capacitors or equivalent technology to assist in isolating high bandwidth trouble resolution and maintenance to the high frequency portion of the frequency spectll..lm, ~nd operates so that thearialog voice "dial tone stCiYS active When the splitter card is removed for testing or maintenance. OneEighty is also responsible for prOviding its own Digital Subscriber Line Access Multiplexer (DSLAM) equipment in the Collocation arrangement and any necessary Customer Provided Equipment (CPE) for the xDSL service it intends to provide (including CPE splitters, filters and/or other equipment necessary for the end user to receive separate voice and data services across the shared Loop). Two splitter configurations are available. In both configurations, the splitter mustbe provided by OneEighty and must satisfy the same NEBS requirements that Verizon imposes on its own splitter equipment or the splitter equipment of any Verizon Affiliate. OneEighty must designate which splitter option it is choosing on the Collocation appliqation or augment. Regardless of the option selected the splitter arrangements must be installed before OneEighty submits an order for Line Sharing. Splitter Option A (Splitter Option 1): Splitter in OneEighty Collocation Area In this configuration, the QneEighty-provided splitter (ANSI T1.413 or MVL compliant) is provided, installed and maintained by OneEighty in its own Collocation space within the Customer's serving End Office. The Verizon- provided dial tone is routed through the splitter in the OneEighty Collocation area. Any rearrangements will be the responsibility of OneEighty. Splitter Option C (Splitter Option 2): Splitter in Verizon Area In this configuration , Verizon inventories and maintains a One Eighty-providedsplitter (ANSI T1.413 or MVL compliant) in Verizon space within the Customer serving End Office. The splitters will be installed shelf-at-a-time. In those serving End Offices where Verizon employs the use of a POT Bay for interconnection of OneEighty's Collocation arrangement with Verizon s networkthe splitter will be installed (mounted) in a relay rack between the POT Bay and the MDF. The demarcation point is at the splitter end of the cable connecting the POT Bay and the splitter. Installation of the splitter will be performed by Verizon , at OneEighty's election , by a Verizon-approved vendor designated by OneEighty. In those serving End Offices where Verizon does not employ a POT Bay for Verizon ICA interconnection of OneEighty's Collocation arrangement with Verizon s network the OneEighty provided splitter will be installed (mounted) in a relay rack between the OneEighty Collocation arrangement and the MDF. The demarcation point is at the splitter end of the cable connecting the OneEighty Collocation arrangement and the splitter. Installation of the splitter will be performed by Verizon, or, at OneEighty's election, by a Verizon-approved vendor designated by OneEighty. In either scenario, Verizon will control the splitter and will direct any required activity. Where a POT Bay is emplOyed, Verizon will also perform all POT Bay work required in this configuratipn. Verizon will provide a spUtter inventory to OneEighty upon completion of the required work. 1 Where a new splitter is to be installed as part of an initial Collocation implementation, the splitter installatiOn may be ordered as part of the initial Collocation application. Associated Collocation charges (application and engineering Jees) apply. OneEighty must submit a new Collocation application, with the application fee, to Verizon detailing its request. Except as otherwise required by Applicable Law standard Collocation intervals will apply. 2 Where a new splitter is to be installed as part of an existing Collocation arrangement, or where the existing Collocation arrangement is to be augmented (e., with additional terminations at the POT Bay or OneEighty's collocation arrangement to support Line Sharing), the splitter installation or augment may be Ordered via an application for Collocation augment. Associ~ted CollocatiOn charges (application and engineering fees) apply. OneEighty must submit the application for Collocation augment, with the application fee, to Verizon. Unless a longer interval .is stated in Verizon s applicable Tariff, an interval of seventy-six (76) Business Days shall apply. OneEighty will have the following options for testing shared Loops: In serving End Offices where Verizon employs a POT Bay for interconnection of OneEighty Collocation arrangement with Verizon network, the following options shaH be available to OneEighty. Under Splitter Option A, OneEighty may conduct its own physical tests of the shared Loop from OneEighty' collocation area. If it chooses to do so, OneEighty may supply and install a test head to facilitate such physical tests, provided that: (a) the test head satisfies the same NEBS requirements that Verizon imposes on its own test head equiprnentor the test head equipment of any Verizon Affiliate; and (b) the test head does not interrupt the voice circuit to any greater degree than a conventional ML T test. Specifically, the OneEighty-provided test equipment may not interrupt an in-in~progress voice connection and must automatically restore any circuits tested in intervals comparable to ML T. This optional OneEighty-provided test head will be installed iti OneEighty s COliocaton area between the "line" port of thes,plitter and the POT Bay in order to conduct remote physical tests of the shared Loop. Verizon ICA Under Splitter Option C, upon request by OneEighty, either Verizon or, at OneEighty's election, a Verizon-approved vendor selected byOneEighty will install a OneEighty- provided test head to enable OneEighty to conduct remote physical tests of the shared Loop. This optional OneEighty- provided test head will be installed at a point between the line" port ofthe splitter and the Verizon-provided test head that is used by Verizon to conduct its own Loop testing. The OneEighty-,-provided test head must satisfy the same NEBS requirements that Verizon imposes on its own test head equipment or the test head equipment of any Verizon Affiliate, and may not interrupt the voice circuit to any greater degree than a conventional ML T test. Specifically, the OneEighty-provided test equipment may not interrupt an in-progress voice connection and must automatically restore any circuits tested in intervals comparable to ML T. Verizon wiHinventory, control and maintain the OneEighty-providedtestheadand will direct all required activity. Under either Splitter Option, if Verizon has installed its own test head, Verizon will conduct tests of the shared Loop using a Verizon-provided test head, and , upon request, will provide these test results to OneEighty during normal trouble isolation procedures in accordance with reasonable procedures. 1.4 Under either Splitter Option, upon request by OneEighty, Verjzon )/ViII make ML T access available to OneEighty via RET AS after the service order has been completed. OneEighty will utilize the circuit number to initiate a test. In those serving End Offices where Verizon has not employed a POT l3ayJor interconnection of OneEighty's Collocation arrangement with Verizon s netWGrk OneEightywiH not be permitted to supply its own test head. Instead, Verizon will make a testing system available to OneEighty through use of the on-line computer interface test system at www.verizon.comfwise. 3 The Parties wiHcontinue to work cooperatively on testing procedures. To thIs end, in situations where OneEighty has attempted to use one or more of the foregoing testing,of')tions but is still unable to resolve the error or trouble on the shared Loop, Verizon and OneEighty will each dispatch a technician to an agreed-upon point to conduct a joint meet test to identify and resolve the error or trouble. Verizon may assess a charge'for a misdirected dispatch only if the error or trouble is determined to be one that OneEighty should reasonably have been able to isolate and diagnose through one of the testing options available to OneEightyabove. The Parties will mutually agree uponthe specific procedures for conducting joint meet tests. 8.4 V-erizon and OneEighty each have a responsibility to educate theCustomer regarding which service provider should be called for problems with their respective service offerings. Verizon will retain primary responsibility for voice band trouble tickets, including repairing analog voice grade services and the physical line between the NID the Customer premise and the point of demarcation in the Central Office. OneEighty will be responsible for repairing services it offers Verizon ICA over the Line Sharing arrangement. Each Party will be responsible for maintaining its own equipment. If a splitter or test head that OneEighty has proVided to Verizon malfunctions, OneEighty shall provide a replacement splitter or test head to Verizon. Before either Party initiates any activity on a shared Loop that may cause a disruption of the service of the other Party, that Party shall first make a good faith effort to notify the other Party of the possibility of a service disruption. Verizon and OneEighty will work together to address Customer initiated repair requests and to prevent adverse impacts to the Customer. 5 When Verizon provides Inside Wire maintenance services to the Customer, Verizon will only be responsible for testing and repairing the Inside Wire for voice-grade services. Verizon will not test, dispatch a technician, repair, or upgrade Inside Wire to clear trouble calls associated with OneEighty's Advanced Services. Verizon will not repair any CPE provided by OneEighty. Before a trouble ticket is issued to Verizon, OneEighty shan validate whether the Customer is experiencing a' trouble that arises from OneEighty's service. If the problem reported is isolated to the analog voice-grade service provided by Verizon, a trouble ticket may be issued to Verizon. In the case of a trouble reported by the Customer on its voice-grade service, if Verizon determines the reported trouble arises from OneEighty's equipment, splitter problems, or OneEighty's activities Verizon will: Notify OneEighty and request that One Eighty immediately test the trouble on OneEighty's service. If the Customer's voice grade service is so degraded that the Customer cannot originate or receive voice grade calls and OneEighty has not cleared its trouble within a reasonable time frame, Verizon may take unilateral steps to temporarily restore the Customer's voice grade service if Verizon determines in good faith that the cause of the voice interruption is OneEighty's service. Upon completion of the steps in 4.1 and 4., above Verizon may temporarily remove the One Eighty-provided splitter from the Customer's Loop and switch port if Verizon determines in good faith that the cause of the voice interruption is OneEighty's service. Upon notification from OneEighty that the malfunction in OneEighty's service has been cleared , Verizon will restore OneEighty's service by restoring the splitter on the Customer's Loop. 6.4 Upon completion of the above steps, OneEighty will be charged a Trouble Isolation Charge (TIC) to recover Verizon s costs of isolating and temporarily removing the malfunctioning OneEighty service from the Customer s line if the cause ofthe voice interruption was OneEighty' service. Verizon shall not be liable to OneEighty, the Customer, or any .other person, for damages of any kind for disruptions to OneEighty's service that are the result of the above steps taken in good faith to restore the end user's voice-grade POTS service, and OneEighty shall indemnify Verizon from any Claims that result from such steps. Line Splitting CLECs may provide integrated voice and data services over the same Loop by engaging in "Line Splitting" as set forth in paragraph 18 of the FCC's Line Sharing Reconsideration Order (CC Dock~t Nos. 98.-147, 96-9~),teleased January 19, 2001. Any Line Splittingbetween two CLECs shall be accorT1plishedby prior negotiated arrangement betweenthose CLECs. To achieve a Line Splitting capability, CLECs may utilize supporting Verizon ass to order and combine in a Line Splitting configuration an unbundled xDSL capable Loop terminated to a collocated splitter and DSLAM equipment provided by a participating CLEC, unbundled switching combinedwith shared transport, collocator-to-collocator connections, and available cross-connects, under the terms and conditions set forth in their Interconnection Agreement(s). The participating CLECs shall provide any splitters used in a Line Splitting configljration. CLECs seeking to migrate existing UNE platform configurations to a Line Splitting configurationusirtg the same Network Elements utilized in the pre-existing platform arrangement, or seek4ngto migrate a Line Sharing arrangement to a Line Splitting configuration using the existing Loop, a Verizon Local Switching Network Element, and the existing central office wiring configuration, may do so consistent with such implementation schedules, terms, conditions and guidelines as are agreed upon for such migrations in the ongoing DSL Collaborative in the State of New York, NY PSCCase 00-O127, allowing for local jurisclictional and ass differences. Sub-Loop Sub~Loop - Distribution fUSLA) Subject toihe conditions set forth in Section 1 and upon request by OneEighty, Verizon shall provide OneEighty with access toa Sub-Loop Distribution Facility (as such term is hereinafter defined) in accordance with, and subject to, theterms and provisions ofti:1is SectiQn 6, the rates setforth in the Pricing Attachment, and the rates, terms and conditions set forth in Verizon s applicable Tariffs. A "Distribution Sub-Loop" means a tw0~wire or four-wire metallic distribution facility in Verizon s network between a Verizon feeder distribution interface (an FDI) and the rate demarcation point for such facility (or network interface device (NID) if the NID is located at such rate demarcation point). Verizon shall provide OneEig)hty with access to a Sub-Loop Distribution Facility in accordance with, but only to the extent required by, Applicable Law. OneEighty may request that V~rizon reactivate (if available) an unused drop and NID or provide OneEighty with access to a drop and NID that at the time of OneEighty's request, Verizon is using to provide service to the Customer (as such term is hereinafter defined. OneEighty may obtain access to a Sub-Loop Distribution Facility only at an FDI and only from a Telecommunications outside plant interconnection cabinet (TOPIC) or, if OneEighty is collocated at a remote terminal equipment enclosure and the FDI for such Sub-LoopDistribution Facmtyis located in such enclosure, from the collocation arrangement of OneEighty at such terminal. To obtain access to a Verizon ICA Verizon ICA Sub-Loop Distribution Facility, OneEighty shall install a TOPIC on an easement or Right of Way obtained by OneEighty within 100 feet of the Verizori FDI to which such Distribution Sub-Loop is connected. A TOPIC must comply with applicable industry standards. Subject to the terms of appliC(3ble Verizon easements, Verizon shall furnish and place an interconnecting cable between a Verizon FDI and a OneEighty TOPIC and Verizon shall install a termination block within such TOPIC. Verizon shall retain title to and maintain the interconnectii1gcable. Verizon shall not be responsible for building, maintaining or servicing the TOPIC and shall not provide any power that might be required by OneEighty for any electron,ics in the TOPIC. OneEighty shall provide any easement, Right of Way or trenching or supporting structure required for any portion of an interconnecting cable that runs beyond a Verizon easement. OneEighty may request from Verizon by submitting a loop make-up engineering query to Verizon , and Verizon shall provide to OneEighty, the following information regarding a Sub-Loop Distribution Facility that serves an identified Customer: the Sub-Loop Distribution Facility' length and gauge; whether Sub-Loop Distribution Facility has loading and bridged tap; the amount of bridged tap (if any) on the Sub-Loop Distribution Facility; and, the location of the FDI to which the Sub-Loop Distribution Facility is connected. 1.4 To order access to a Sub-Loop Distribution Facility, OneEighty must first request that Verizon connect the Verizon FDI to which the Sub-Loop Distribution Facility is connected to a OneEighty TOPIC. To make such a request, OneEighty must submit to Verizon an application (a Sub-Loop Distribution Facility Interconnection Application ) that identifies the FDI at which OneEighty wishes to access the Sub-Loop Distribution Facility. A Sub-Loop Distribution Facility Interconnection Application shall state the location of the TOPIC, the size of the interconnecting cable and a description of the cable s supporting structure. A Sub-Loop Distribution Facility Interconnection Application shall also include a five-year forecast of One Eighty's demand for access to Sub-Loop Distribution Facilities attherequested FDI. OneEighty must submit the application fee set forth in the Pricing Attachment attached hereto and Verizon s applicable Tariffs (a "Sub- Loop Distribution Facility Application Fee ) with Sub-Loop Distribution Facility Interconnection Application. OneEighty must submit Sub-Loop Interconnection Applications to: OneEighty's Account Manager Within sixty (60) days after it receives a complete Sub-Loop Distribution Facility Interconnection Application for access to a Sub-Loop Distribution Facility and the Sub-Loop Distribution Facility Application Fee for such application, Yerizon shall provide to OneEighty a work order that describes the work thatVerizon must perform to provide such access (a "Sub-Loop Distribution Facility Work Order") and a statement of the cost of such work (a "Sub;;.Loop Distribution Facility Interconnection Cost Statement"). OneEighty shall pay to Verizon fifty percent (50%) of the cost set forth in a Sub-Loop Distribution Facility Interconnection Cost Statement within sixty (60) days of OneEighty's receipt of such statement and the Verizon ICA associated Sub-Loop Distribution Facility Work Order, and VerizonshaH not be obligated to perform any of the work set forth in such order until Verizon has received such payment. A Sub-Loop DistributionFacility Interconnection Application shall be deemed to have been withdrawn if OneEighty breaches its payment obligation under this Section. Upon Veri:zon s completion ofthe work that Verizon must perform to provide OneEighty with access to a Distribution Sub-Loop,Verizon shall bill OneEighty, andOneEighty shall pay to Verizon, thebalance of the cost setforth in the Sub-Loop Distribution Facility Interconnection Cost Statement for such access. After Verizon has completed the installation of the interconnecting cable to a OneEighty TOPIC and OneEighty has paid the full cost of such installation, OneEighty can request the connection of Verizon Sub- Loop Distribution Facilities to the One Eighty TOPIC. At the same time OneEightyshalladvise Verizon of the services that OneEighty plans to provide over the Sub-Loop Distribution Facility, request any conditioning of the Sub-Loop Distributicm Facility and assign the pairs in the interconnecting cable. One Eighty shall run any crosswires within the TOPIC. If OneEignty requests that Verizon reactivate an unused drop and NID then OneEighty shaH provide dial tone (or its DSL equivalent) on the OneEighty side of theappHcable Verizon FDI at least twenty-four (24) hours before the due date. On tne due date, a Verizon technician will run the appropriate cross connection to connect the Verizon Sub-Loop Distribution Facility to theOneEighty dial tone or equivalent from the TOPIC. If OneEighty requests that Verizon provide OneEighty with access toa Sub-Loop Distribution Facility that, at the time of OneEighty's request, Verizon is using to provide service to a Customer, then , after OneEighty has looped two interconnecting pairs through the TOPIC and atl'east twenty four (24) hours before the due date, a Verizon technician shall cmsswire the dial tone from the Verizon centraf officethrougn theVerizon side of the TOPIC and back out again to the Verizon POI and Verizon Sub-Loop Distribution Facility using the "loop through" approach. On the due date, OneEighty shall disconnect Verizon s dial tone, crOsswire its dial tone to the Sub-Loop Distribution Facility and submitOneEighty's long-term number portability request. Verizonwill not provide access to a Sub-Loop Distribution Facility if Verizon is using the loop of which the Sub.;Loop Distribution Facility is a partto provideHne sharing service to another CLEC or a service that uses derived channel technology to a Customer unless such other CLEC firstterminates theVerizon-provided line sharing or such Customer first disconnects the service that utilizes derived channel technology. 10 Verizon shall provide OneEighty with access to a Sub-Loop Distribution Facility in accordance with negotiated intervals 11 Verizon shall repair and maintain a Sub-Loop Distribution Facility at the request of OneEi.ghty and subject to the time and material rates set forth in Pricing Attachment and the rates, terms and conditions of Verizon s applicable Tariffs. OneEighty accepts responsibility for initialtrouble isolation for Sub.,.Loop Distribution Facilities and providing Verizon with appropriate dispatch information based on its test results. Verizon ICA If (a) OneEighty reports to Verizon a Customer trouble, (b) OneEighty requests a dispatch , (c) Verizon dispatches a technician, and (d) such trouble was not caused by Verizon Sub-Loop Distribution Facility facilities or equipment in whole or in part, One Eighty shall pay Verizon the charges set forth in the Pricing Attachment and Verizon applicable Tariffs for time associated with said dispatch. In addition these charges ,also apply when the Customer contact as designated by OneEighty is not available at the appointed time. If as the result of OneEighty instructions, Verizon is erroneously requested to dispatch to a site on Verizon company premises ("dispatch in ), the charges set forth in Pricing Attachment and Verizon s applicable Tariffs will be assessed per occurrence to OneEighty by Verizon. If as the result of OneEighty instructions, Verizon is erroneously requested to dispatch to a site outside ofVerizon company premises ("dispatch out"), the charges set forth in Pricing Attachment and Verizon s applicable Tariffs will be assessed per occurrence to OneEighty by Verizon. Sub-Loop - Feeder (UFSE) Subject to the conditions set forth in Section 1 of this agreement and upon request by OneEighty, Verizon shall provide OneEighty with access toa Feeder Sub-Loop (as such term is hereinafter defined) in accordance with, and 'subject to, the terms and provisions of this Section 6., the rates and charges provided in the Pricing Attachment and the rates, terms and conditions of Verizon s applicable Tariffs. A Feeder Sub-Loop" means a DS1 or DS3transmission path over a feeder facility in Verizon s network between a Verizon end office and either a Verizon remote terminal equipment enclosure (an "RTEE") that subtends such end office or a Verizon feeder distribution interface (such an interface, an "FDI") that subtends the end office. OneEighty may obtain access to a Feeder Sub-Loop only from a OneEighty collocation arrangement in the Verizon end office where such Feeder Sub-Loop originates and Verizon shall terminate a Feeder Sub-Loop in an RTEE that subtends such end office only if OneEighty has a collocation arrangement in such RTEE. Upon OneEighty' request, Verizon will connect a Feeder Sub-Loop to a OneEighty collocation arrangement in the Verizon end office where the Feeder Sub-Loop originates and to either a OneEighty collocation arrangement in the Verizon RTEE that subtends such end office or a Telecommunications Carrier Outside Plant Cabinet (such a cabinet, a TOPIC") located within 100 feet of the FDI that subtends the end office and that OneEighty has established in accordance with , and subject to the terms and provisions of, an agreement between Verizon and OneEighty that governs the establishment of such TOPIC. Verizon shall connect a Feeder Sub-Loop to the point of termination bay of a OneEighty collocation arrangement in a Verizon Central Office or to a OneEighty TOPIC, by installing appropriate cross connections and Verizon shall be solely, responsible for installing such cross connections. OneEighty may obtain access to a Feeder Sub-Loop between an end office and an RTEE or an FDI only if DS1 or DS3- capable transmission faCilities are available and not in use between such office and RTEE or FDL OneEighty shall run any crosswires within a OneEighty physical collocation arrangement and a OneEighty TOPIC and OneEighty will have sole responsibility for identifying to Verizon where a Feeder Sub- Loop should be connected to a OneEighty collocation arrangement. OneEighty shaH be solely responsible for providing power and space for any cross connects and other equipment that Verizon installs in a TOPIC, and OneEighty shaH not bill Verizon, and Verizon shall not pay OneEighty, for providing such power and space. 2A Verizon shall not be obligated to provide to OneEighty any multiplexing at an RTEE or at a TOPIC or to combine a Feeder Sub-Loop with a DistributionSub.Loop. If OneEighty requests access to a Feeder Sub- LoopandaDistributjon Sub-Lo'Op that are already combined, suchcombinatioflshallbe deemed to be a loop and Verizon shall provide such loop to OneEighty in accordance with, but only to the extent required by, the terms, provisions and rates in this Agreement that govern l'Oops, if any. Verizon shall provide One Eighty with access to a Feeder Sub-Loop in accordance with negotiated intervals. Verizon shall repair and maintain a Feeder Sub-Loop at the request of OneEighty and subject to the time and material rates set forth in the Pricing Attachment and the rates, terms and conditions of Verizon applicable Tariffs. OneEighty may not rearrange, disconnect, remove or attempt to repair or maintain any Verizon equipment or facilities without the prior written consent of Verizon. OneEig hty accepts responsibility for initial tr'Ouble isolation for Feeder Sub-Loops and pr'Oviding Verizon with appropriate dispatch information based on its testresl,J:lts. if (a)OneErghty reports to Verizon a trouble, (b) OneEighty req:uests a dispatch, (c) Verizon dispatches a technician and (Gi) such trouble was not caused by Feeder Sub-Loop facilities or eqwipmentin whole orin part, then OneEighty shall pay Verizon the charges set forth in Pricing Attachment and Verizon s applicable Tariffs for time associated with said dispatch. In addition, these charges also apply when a OneEighty contact as designated by OneEighty is not available at the appointed time. If as the result of OneEighty instructions, Verizoniserroneouslyrequested to dispatch to a site on Verizon company premises ("dispatch in ), the charges set forth in Pricing AttachmentandVerizon's applicable Tariffs will be assessed per occurrence to Onecighty by Verizon.lfas the result of OneEightyinstructions, Verizon is erroneously requested to dispatch to a site outside ofVerizoncompanypremises ("dispatch out"), the charges set forth in Pricing Attachmentand Verizon s applicable Tariffs will be assessed per occurrence to OneEighty by Verizon. C'Ollocation in Remote Terminals. To the extent required by Applicable Law, Verizon shall allow OneEighty to collocate equipment ina Verizon remote terminal equipment enclosure in accordance with, and subject to, the rates, terms and conditions set forth in the Collocation Attachment and the Pricing Attachment. Inside Wire House and Riser. Verizon ICA (This Section Intentionally Left Blank). Dark Fiber Verizon ICA Subject to the conditions. set forth in Section 1 and upon request" Verizon shallprovide OneEighty with access to unbundled Dark Fiber Loops, Dark Fiber Sub-loops and Dark Fiber 10F (as such terms are hereinafter defined) in accordance with , and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions ofVerizon s applicable Tariffs.Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber 10F will be provided by Verizon only where existing facilities are available at the requested availability date. Access to Dark Fiber Loops, Dark Fiber Sub-Loopsand Dark Fiber (OF will be provided in accordance with, but only to the extent required by, Applicable Law. Exceptas otherwise required by Applicable Law the following terms and conditions apply to Verizon sDark Fiber offerings. 1 A "Dark Fiber Loop" consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between Verizon s Accessible Terminal, such as the fiber distributiGn frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon s main termination point at a Customer premise, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to electronics that "light' it and render it capable of carrying Telecommunications Services. 2 A "Dark Fiber Sub Loop" consists of continuous fiber optic strand(s) in a Verizon fiber optic cable (a) between Verizon s Accessible Terminal located within a VerizonWire Center, and Verizon s Accessible Terminal at a Verizon remote terminal equipment enclosure , (b) between Verizon s Accessible Terminal at a Verizon remote terminal equipment enclosure and Verizon s main termination point located within a Customer premise, or (c) between Verizon s Accessible Terminals at Verizon remote terminal equipment enclosures, and that in all cases has not been activated through connection to electronics that "light' it and render it capable of carrying Telecommunications Services. 8.2 3 A "Dark Fiber 10F" consists of continuous fiber strand(s) that are located within a fiber optic cable between either (a) Accessible Terminals in two Verizon Central Offices or (b) an Accessible Terminal in a Verizon Central Office and a Ol'JeEighty Central Office, but, in either case, that has not been activated through connection to multiplexing, aggregation or other electronics that"lightit" and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the followingterms and conditions shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber 10F: Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates ata Verizon Accessible Terminal in Verizon s Central Office that can be cross-connected to OneEighty's collocation arrangement located in that same Verizon Central Office and the other end terminates at the Customer premise. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at Verizon Accessible Terminal in Verizon s Central Office that can be cross- connected to OneEighty's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon 100 Verizon ICA Accessible Terminal at a Verizon remote terminal equipment enclosure that can be. cross-connected to OneEighty's collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loopterminates at Verizon s main termination point located within the Customer premise and the e,ther end terminates at Verizon Accessible Terminal ata VeFizon remote terminal equipment enclosurethat can becross~conneetedtoOneEighty's collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Sub-Loopterminates at Verizon s Accessible Terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to OneEighty's collocation arrangement or adjacent structure and the other end terminates at Verizon s Accessible Terminal at another Verizon remote terminal equipment enclosure that can be cross- connected to OneEighty's coHocation arrangement or adjacent structure. A OneEighty demarcation point at a Customer premise shall be establishedih the main telco room of the Customer premise if Verizonis 10eatedin that room or, if the buIlding does not have a main telco room or if Verizon is not located in that room, then at a location tobe determined byVerizon. A OneEighty demarcation point at a Customer premise shall be established 'at a location that is no more than 30 feetfr6mVerizem sAccessible Terminal on which the Dark Fiber Loop or Dark FiberSub;'Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark Fiber Sub-Loop to the OneEighty demarcation point by installing a fiber jumper no greater than 30 feet in length OneEighty rnayaccess a Dark Fiber Loop, a Dark Fiber Sub-Loop, orDark FiberiOFonly atapre-existing VerizOn Accessible Terminal of such Dark Frber Loop, Dark Fiber Sub~Loop or Dark Fiber reF, andOneEighty may ndtaccess a Dark Fiber Loop, Dark Fiber Sub-Loop orDark Fiber 10F at any other point, including, but not limited to, a splicepoint or case. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber 10F are notavailable OneEighty unless such Dark Fiber Loops, DarkFiber Sub-LOOps Or Dark Fiber IOF Cilready are terminated on a Verizon Accessible terminal. Except Where required by Applicable Law, Verizon wHI npt introduce additional splice points or open existing splice point~ or cas~ to Cicc6mmoc:lCit~OneEighty's request. Unused fibers located in a cable Vault oracorltrpllec:l environment vault manhole or other location outside the Verizon Wire Center, and notterminated to a fiber patch panel, are not available to OneEighty. 3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity betw~en two locations. Dark Fiber Loops, Dark Fiber Sub:-Loopsand Dark Fib.er 10F will only be offered on a route- direct basis where facilities exist (Le., no intermediate offices). 2.4 Verizon shaH perforlTl all. work necessary to install (1) a cross connect or a fiber jumper from a Verizon Accessible Terminal to a OneEighty colJQcation arrangernentor (2) from aVerizon Accessible Terminal to OneEighty's demarcation point at a Customer premise or OneEighty Central Office. 5 A Dark Fiber Inquiry must p~ submitted prior to submitting an ASR. Upon receipt of the cQmpletepDark Fiber Inquiry, Verizon will initiate a review of its cable records to determine whether Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber 10F may be avaHable between the 101 Verizon ICA locations and in the quantities specified. Verizon will respond within fifteen (15) Business Days from receipt of the OneEighty's request indicating whether Dark Fiber Loop, Dark Fiber Sub-Loop or Dark FiberIOF may be available based on the records search except that for voluminous requests or large, complex projects, Verizon reserves the right to. negotiate a different interval. The Dark Fiber Inquiry is a record search and do.es not guarantee the availability of Dark Fiber Loops Dark Fiber Sub-Loops or Dark Fiber 10F. 8.2.OneEighty shaH order Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber 10F by sending to. Verizon a separate ASR for each A to Z route. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber 10F that terminate in a Verizon premise must be accomplished via a collocation arrangement in that premise. In circumstances where collocation cannot be acGqmplfshed inJhe premises, the Parties agree to negotiate for possible alternative arrang.ements. 8 A Dark Fiber Lo.op, Dark Fiber Sub-Loop or Dark Fiber 10F will be offered to OneEighty in the condition that it is available in Verizon network at the time thatOneEightysubmits its request (Le. , " as is ). In addition, Verizonshallnot be required to convert lit fiber to a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber 10F for OneEighty' use. Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to. be Dark Fiber Loops, Dark Fiber Sub- Loops or Dark Fiber 10F, and, therefore, will not be offered to OneEighty as Dark Fiber Lo.ops, Dark Fiber Sub-Loops or Dark Fiber 10F. 10 Fiber that has been assigned to fulfill a Customer order or for maintenance purpo.s~s will notbe offered to. OneEighty as Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber 10F. 11 OneEightyshall be responsible for providing, all transmission, terminating and regeneration equipment necessary to Tight and use Dark Fiber Loops, Dark FiberSub'-Loops , or Dark Fiber 10F. 12 OneEighty may not resell Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber 10F, purchased pursuant to this Agreement to third parties. 13 Except to the extent that Verizon is required by Applicable Law to provide Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber 10F to OneEighty for use fOr Special or Switched Exchange Access Services OneEighty shall not use Dark Fiber Loops" Dark Fiber Sub-Loops or Dark Fiber IOF for Special or Switched Exchange Access Services. 14 In order to preserve the efficiency of its network, Verizon will limit OneEighty to leasing up to a maximum of twenty-five percent (25%) of the Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber 10F in any given segment of Verizon s network. In addition, except as otherwise required. by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement: 102 14.Revoke Dark Fiber Loops, Dark Fiber Sub-Loops or DarkFiber (OF leased toOneEighty upon a showing of need to the Commission and twelve (12) months' advance writtennotice to OneEJghty; and 14.2 Revoke Dark Fiber Loops, Dark Fiber Sub-Loops or DarkFiber (OF leased to One Eighty upon a showing to the Commission that OneEighty underutilized fiber within any twelve (12) month period; 14.VerizQn reserves and shall not waive, Verizon s right toclaim before the Commission thatVerizon should not have to fulfill a OneEighty order for Dark Fiber Loops, Dark FiberSub-Loops, or Dark Fiber 10F because that request would strand an unreasonable amount of fiber capacity, disrupt or degraee service to Customers or carriers other than OneEighty, or impair Verizon s ability to meet a legal obligation. 15 OneEighty may not reserve Dark Fiber Loops, Dark Fiber Sub-Loops, orDark Fiber IOF. 16 OneEighty shall be solely responsible for: (a) determining whether or not the transmission characteristi~oHhe Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF~ccommoeate the requirements of OneEighty; (b) obtaining any Rights of Way, governmental or private property permit, easement or other authorization or approval required for access to the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber 10F; (c) installation of fiber optic transmission equipment needed to power the Dark Fiber Loop, Dark Fiber Sub-"L06p Or Dark Fiber (OF to transmitTelecotnmunicatiens Services traffic; (d) installation of a demarcation point in a building where a C.usrorner is located; and (e) OneEighty's collocation arrangements with any proper optical cross connects or other equipment that OneEighty needs to access Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber 10F before it submits an order for such access, OneEighty hereby represents and warrants that it shall have all such rights of way, authorizations and the like applicable to theg~ographic locationatwhic:h itwishes to establish a demarcation pointfor dark fiber, 011 or before the date that OneEighty places an order for the appliCable dark fiber, and that it shall maintain the same going forward. 17 OneEighty is responsible for trouble isolation before reporting trouble to Verizon. Verizon will restore continuity to Dark Fiber Loops, Dark FiberSub-Loops and Dark Fiber (OF that have been broken. Verizon will not repaira Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber 10F thatis cap~ble oftransl11i~ing light, even if the transmission characteristics of the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber 10F havechanged. 18 OneEighty is re$ponsible for all work activities at the Customer premises. Except a~ otherwise required by Applicable Law, all negotiations withthe premises owner are solely the responsibility of OneEighty. Network Interface Device Verizon ICA 103 9.4 Verizon ICA Subject to the conditions set forth in Section 1 , at OneEighty's request, Verizonshall permit OneEighty to connect a OneEighty Loop to the Inside Wiring of a Customer through the use of a Verizon NID in accordance with this Section 9 and the rates and charges provided inthe Pricing Attachment. Verizon shall provide OneEighty with access to NIDs in accordance with, but only to the extentrequired by, Applicable Law~ OneEighty may access a Verizon NID either by means of a connection (but only if the use of such connection is technically feasible) from an adjoining OneEighty NID deployed by OneEighty or, if anentrance module is available in theVerizon NID, by connecting a OneEightyLoop to the Verizon NID. In all cases, Verizon shall perform this connection. When necessary, Verizon will rearrange its facilities to provide access to an existing Customer's Inside Wire. An entrance module is available only if facilities are not connected to it. In no case shall OneEighty access, remove, disconnect or in any other wayrearrange, Verizon s Loop facilities frorhVerizon s NIDs, enclosures, orprotectors. In no case shall OneEighty access, remove, disconnect or in any other wayrearrange, a Customer's Inside Wiring from Verizon s NIDs, enclosures, orprotectors where such Customer Inside Wiring, is used in the provision of ongoing Telecommunications Service to that Customer. In no case shaH OneEightyremove or disconnect ground wires from VerizonNIDs, enclosures, or protectors. In no case shall OneEighty remove or disconnect NID modules, protectors, orterminals from Verizon s NID enclosures. Maintenance and control of premises Inside Wiring is the responsibility of the Customer. Any conflicts between service providers for access to the Customer'sInside Wiring must be resolved by the person who controls use of the wiring (e., the Customer). When OneEightyis connecting a OneEighty-provided Loop to the Inside Wiring of a Customer's premises through the Customer's side of the Verizon NID OneEighty does not need to submit a request to Verizon and Verizon shall not charge OneEighty for access to the Verizon NID. In such instances, OneEightyshall comply with the provisions of Sectiqns 9.2 through 9.7 of this Agreement and shall access the Customer's Inside Wire in the manner set forth in Section 8 of this Agreement. Due to the wide variety of NIDs utilized by Verizon (based on Customer size and environmental considerations), OneEighty may access the Customer's Inside Wiring, acting as the agent of the Customer by any of the following means: 1 Where an adequate length of Inside Wiring is present and environmental conditions permit, OneEighty may remoVe the Inside Wiring from the Customer's side of the Vefizon NID and connect that Inside Wiring to OneEighty's NID. 2 Where an adequate length of Inside Wiring is not present or environmental conditions do not permit, OneEighty may enter the Customer side of the Verizon NID enclosure for the purpose of removing the Inside Wiring from the terminals of Verizon s NID andconnecting a connectorized or spliced jumper wire from a suitable punch out" hole of such NID enclosure to the Inside Wiring within the 104 space of the Customer side of the Verizon NID. Such connection shall be electrically insulated and shall not make any contact with the connection points or terminals within the Customer side of the Verizon NID. OneEighty may request Verizon to make other rearrangements to the Inside Wiring terminations or terminal enclosure on a time and materials cost basis to be charged to the requesting party (Le. OneEighty, its agent, the building owner or the Customer). If OneEighty accesses the Customer's Inside Wiring as described in this Section 9., time and materials charges will be billed to the requesting party (Le. OneEighty, its agent, the building owner or the Customer). Unbundled Switching Elements10. 10.Subject to the conditions set forth in Section 1 , Verizon shall make available to OneEighty the Local Switching Element and Tandem Switching Element unbundled from transport, local Loop transmission, or otherservices, inaccordance with this Section 10 and the rates and charges provided in the Pricing Attachment. Verizon shall provide OneEighty with access to the Local Switching Element and the Tandem Switching Element in accordance With , butonly to the extent required by, Applicable Law. Local SwitchinQ.10. 10.1 The unbundled Local Switching Element includes line side and trunk side facilities (e.g. line and trunk side Ports such as analog and ISDN line side Ports and DS1 trunk side Ports), plus the features, functions, andcapabilities ofthe switch. It consists ofthe line-side Port (including connection between a Loop termination and a switch line card telephone number assignment, basic intercept, one primary directory listing, presubscription, and access to 911 , operator services, and directory assistance), line and line group features (including all vertical features and line blocking,options that the switch and its associated deployed switch software is capable of providing and are currently offered to Verizon s local exchange Customers), usage (including the connection of lines to lines, lines to trunks, trunksto lines, and trunks to trunks), and trunk featutes(including the connection between the trunk termination and a trunk .card). 10.2 Verizon shall offer, as an optional chargeable feature, usage tapes in accordance with Section 8 of the Additional Services Attachment. 10.3 OneEighty may request activation or deactivation of features on a per- port basis at any time, and shall compensate Verizon for the non- recurring charges associated with processing the order. OneEighty may submit a Bona Fide Request in accordance \fIfth Section 14.3 fOiother switch features and functions thatthe switch is capable ofproviding, but which Verizon does not currently provide, or forcustomized routing of traffic Other than operator services and/ordirectory assistance traffic. Verizon shall develop and provide these requested services where technically feasible with the agreement of OneEighty to pay the recurring and non-recurring costs of developing, installing, updating, providing and maintaining these services. Network Desiqn Request (NDR)10. Verizon ICA 105 11. Prior to submitting any .order for unbundled Local Switching (as a UNE or in combination with other UNEs), OneEighty shall complete the NDR process. part of the NOR process, OneEighty shall request standardized or customizedrouting of its Customer traffic in conjunction with the provision of unbundled Local Switching. If OneEighty selects customized routing, OneEighty shall define the routing plan and Verizon shall implement such plan, subject to technical feasibility constraints. Time and Material Charges may apply. 10.4 Tandem Switching The unbundled Tandem Switching Element includes trunk-connect facilities, thebasic switching function of connecting trunks to trunks , and the functions that are centralized in Tandem Switches. Unbundled Tandem switching creates a temporary transmission path between interoffice trunks that are interconnected at a Verizon access Tandem for the purpose of routing a call or calls. Unbundled Interoffice Facilities Subject to the conditions set forth in Section 1 , where facilities are available, at OneEighty's request, Verizon shall provide OneEighty with 10F unbundled from other Network Elements at the rates set forth in the Pricing Attachment; provided, however that Verizon shall offer unbundled shared (OF only to the extent that OneEighty also purchases unbundled Local Switching capability from Verizon in accordance with Section 10 of this Attachment. Verizon shall provide OneEighty with such 10F in accordance with, but only to the extent required by, Applicable Law. 12.Signaling Networks and Call-Related Databases 12.Subject to the conditions set forth in Section 1 , Verizon shall provide OneEighty with access to databases and associated signaling necessary for call routing and completion by providing SS7 Common Channel Signaling ("CCS" Interconnection, and Interconnection and access to toll free service access code (e.g" 800/888/877) databases, LIDS, and any other necessary databases, in accordance with this Section 12 and the rates and charges provided in the Pricing Attachment. Such access shall be provided by Verizon in accordance with, but only to the extent required by, Applicable Law. OneEighty shall provide Verizon with CCS Interconnection required for call routing and completion, and the billing of calls which involve OneEighty' Customers, at non-discriminatory rates (subject to the provisions of the Pricing Attachment), terms and conditions, provided further that if the OneEighty information Verizon requires to provide such call-related functionality is resident in a database, OneEighty will provide Verizon with the access and authorization to query OneEighty's information in the databases within which it is stored. Verizon ICA 12. 12.Alternatively, either Party ("Purchasing Party") may secure CCS Interconnection from a commercialSS7 hub provider (third party signaling provider) to transport signaling messages to and from the Verizon CCS network, and in that case theother Party will permit the Purchasing Party to access the same databases as would have been accessible if the Purchasing, Party had connected directly to the other Party's CCS network. If a third party signaling provider is selected byOneEighty to transport signaling messages, that third party provider must present a letter of agency to Verizon, prior to the testing of the interconnection authorizing the third party to act on behalf of OneEighty. 106 12.4 12. 12. 12. 12. 12. Regardless of the manner in which OneEighty obtains CCS Interconnection OneEighty shall comply with Verizon s SS7 certification process prior to establishing CCS Interconnection with Verizon. The Parties will provide CCS Signaling to each other, where and as available, inconjunction with all Reciprocal Compensation Traffic, Toll Traffic, Meet PointBilling Traffic, and Transit Traffic. The Parties will cooperate on the exchange of TCAP messages to facilitate interoperability of CCS':based features between their respective networks, including all CLASS Features and functions, to theextent each Party offers such features and functions to its Customers. All CCS Signaling parameters will be provided upon request (where available), including called party number, Calling Party Number, originating line information, callingparty category, and charge number. All privacy indicators will be honored as required under applicable law. The Parties will follow all OBF-adopted standards pertaining to' CIC/OZZ codes. Where CCSSigjnaHng is not available, in-band muJti-frequency ("MF") wink startsignaling will be provided. Any such MF arrangement will require a separate local trunk circuit between the Parties' respective sWitches in those instances where the Parties have established End Office to End Office high usage trunk groups. In such an arrangement, each Party will out pulse the full ten-digit telephone number of the called Party to the other Party. The Parties acknowledge that there is a network security risk associated with interconnection with the public Internet Protocol network, including, but notlimited to, the risk that interconnection of OneEighty signaling systems to the public Internet Protocol network may expose OneEighty and Verizon signaling systems and information to interference by third parties. OneEighty shall notify Verizonin writing siXty (60) days in advance of installation of any network arrangement that may expose signaling systems or information to access through the pubHc IntemetProtocolnetwork. OneEighty shall take commerciallyreasonableefforts to protect its signaling systems and Verizon s signaling systems from interference by unauthorized persons. Each Party shall provide trunk groups, where available and upon reasonable request, that are configjured utHizingthe B8ZS ESF protocol for 64 kbps clear channel transmission to allow for ISDNinteroperabHity between the Parties respective networks. 12.10 The following publications describe the practices, procedures and specifications generally utilized by Verizon for signaling purpOses and are listed herein to assist the Parties in meeting their respective Interconnection responsibilities related toSignaling: 12.10.Telcordia Generic Requirements, GR-905-CORE, Issue 1 , March1995, and subsequent issues and amendments; and 12. Verizon ICA 12.10.2 Where applicable, Verizon Supplement Common Channel Signaling Network Interface Specification (Verizon-905). Each Party shall charge the other Party mutual and reciprocal rates for any usage~based charges for CCS Signaling, toll free service access code (e. 800/8881877) database access, LIDS access, and access to other necessarydatabases, as follows: Verizon shall charge OneEighty in accordance with the Pricing Attachment and the terms and conditions in applicable Tariffs. OneEighty shall charge Verizon rates equal to the rates Verizon charges OneEighty, unless 107 13. OneEighty's Tariffs for CCS signaling provide for lower generally available rates in which case OneEighty shall charge Verizon such lower rates: Notwithstanding the foregoing, to the extent a Party uses a third party vendor for the provision of CCS Signaling, such charges shall apply only to the third party vendor. Operations Support Systems Subject to the conditions set forth in Section 1 above and in Section 8 of the Additional Services Attachment, Verizon shall provide OneEighty with access via electronic inter faces to databases required forpre-ordering; ordering, provisioning, maintenance and repair, and billing. Verizon shall provide OneEighty with such access in accordance with but only to the extent required by, Applicable Law. All such transactions shall be submitted by OneEighty through such electronic interfaces. 14.Availability of Other Network Elements on an Unbundled Basis 14.Any request by OneEighty for access to a Verizon Network Element that is not already available and that Verizon is required by Applicable Law to provide on an unbundled basis shall be treated as a Network Element Bona Fide Request pursuant to Section 14., below. OneEighty shall provide Verizon access to its Network Elements as mutually agreed by the Parties or as required by Applicable Law. 14.Notwithstanding anything to the contrary in this Section 14, a Party shall not be required to provide a proprietary Network Element to the other Party under this Section 14 except as required by Applicable Law. Network Element Bona Fide Request (BFR).14. 14.1 Each Party shall promptly consider and analyze access to a new unbundled Network Element in respons.e to the submission of a Network Elem~ntBona Fide Request by the other Party hereunder. The Network Element Bona Fide Request process set forth herein does not apply to those services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (reI. Oct. 19, 1992) 1I 259 and n.603 or subsequent orders. 14.2 A Network ElementBonaFide Request shall be submitted in writing and shall include a technical description of each requested Network Element. 14.3 The requesting Party may cancel a Network Element Bona Fide Request at any time, but shall pay the other Party's reasonable and demonstrable costs of processing and/or implementing the Network Element Bona Fide Request up to the date of cancellation. 14.3.4 Within ten (10) Business Days of its receipt, .the receiving Party shall acknowledge receipt of the Network Element Bona Fide Request. 14.5 Except under extraordinary circumstances, within thirty (30) days of its receipt of a Network Element Bona Fide Request, the receiving Party shall provide to the requesting Party a preliminary analysis of such Network Element Bona Fide Request. The preliminary analysis shall confirm that the receiving Party will offer access to the Network Element or will provide a detailed explanation that access to the Network Element is nottechnically feasible and/or that the request Verizon ICA 108 does not qualify as a Network Element that is required to be provided by Applicable Law. 14.6 If the receiving Party determines that the Network Element Bona Fide Request is technically feasible and access to the Network Element is required to be provided by Applicable Law, it shall promptly proceed with developing the Network .Element Bona Fide Request upon receipt of written authorization from the requesting Party. When it receives such authorization, the receiving Party shall promptly develop the requested services, determine their availability, calculate the applicable prices and establish installation intervals. Unless the Parties otherwise agree, the Network Element requested must be priced in accordance with Section 252(d)(1) of the Act. 14.7 As soon as feasible, but not more than ninety (90) days after its receipt of authorization to proceed with developing the Network Element Bona Fide Request, the receiving Party shall provide to the requesting Party a Network Element Bona Fide Request quote which will include, at a minimum , a description of each Network Element, the availability, the applicable rates, and the installation intervals. 14.8 Within thirty (30) days of its receipt of the Network Element Bona Fide Request quote, the requesting Party must either confirm its order for the Network Element Bona Fide Request pursuant to the Network Element Bona Fide Request quote or seek arbitration by the Commission pursuant to Section 252 of the Act. 15. 14.9 If a Party to a Network Element Bona Fide Request believes that the other Party is not requesting, negotiating or processing the Network Element Bona Fide Request in good faith , or disputes a determination or price or cost quote, or is failing to act in accordance with Section 251 of the Act, such Party may seek mediation or arbitration by the Commission pursuant to Section 252 of the Act. Maintenance of Network Elements If (a) OneEighty reports to Verizon a Customer trouble, (b) OneEighty requests adispatch, (c) Verizon dispatches a technician, and (d) such trouble was not caused by Verizon s facilities or equipment in whole or in part, then One Eighty shall pay Verizon a charge set forth in the Pricing Attachment for time associated with said dispatch. In addition, this charge also applies when the Customer contact as designated by OneEighty is not available at the appointed time. One Eighty accepts responsibility for initial trouble isolation and providing Verizon with appropriate dispatch information based on its test results. If, as the result of One Eighty instructions, Verizon is erroneouslyrequested to dispatch to a site on Verizon company premises ("dispatch in ), a charge setforth in the Pricing Attachment will be assessed per occurrence to OneEighty by Verizon. If as the result of OneEighty instructions, Verizon is erroneously requested to dispatch to a site outside of Verizon company premises ("dispatch out"), a charge set forth in thePricing Attachment will be assessed per occurrence to OneEighty by Verizon. Verizon agrees to respond to OneEighty trouble reports on a non-discriminatory basis consistentwith the manner in which it provides service to its own retail Customers or to any other similarly situated Telecommunications Carrier. . 16.Combinations 16.Subject to the conditions set forth in Section 1 , Verizon shall be obligated toprovide a combination of Network Elements (a "Combination ) only to the extent Verizon ICA 109 provision of such Combination is required by Applicable Law. To the extent Verizon is required by Applicable Law to provide a Combination to OneEighty, Verizon shall provide such Combination in accordance with, and subject torequirements established by Verizon that are consistent with Applicable Law (such requirements, the "CombO Requirements ). Verizon shall make the Combo Requirements publicly available in an electronic form. 17.Rates and Charges The rates and charges for UNEs, Combinations and other services, facilities andarrangements, offered under this Attachment shall be as provided in this Attachment and the Pricing Attachment. Verizon ICA 110 COLLOCATION ATTACHMENT Verizon's Provision of Collocation Verizon shall provide to OneEighty, in accordance with this Agreement (including, but not limited to , Verizon s applicable Tariffs) and the requirements of Applicable Law Collocation for the purpose of facilitating OneEighty's interconnection with facilities orservices of Verizon or access to Unbundled Network Elements of Verizon; provided, thatnotwithstanding any other provision of this Agreement, Verizon shaH be obligated toprovide Collo~tion to OneEighty only to the extent required by Applicable Law and maydecline to provide Collocation to OneEightyto the extent that provision of Collocation is not required by Applicable Law. Subject to the fore.going, Verizon shall provideCollocation to OneEighty in accordance with the rates, terms and conditions set forth inVerizons Collocation tariff, and Verizon shall do so regardless of whether or not such rates, terms and conditions are effective. Because the Commission rejected Verizon s Collocation Tariff Advice No. 00-05 in OrderNo. 28490 on August 29, 2000, Verizon shall provide Collocation according to the following terms and conditions in the State of Idaho on an interim basis only until such time as the Commission s decision is reversed and Verizon sColiocation Tariff AdviceNo. 00-05 is permitted to go into effect or until such time as Verizon files another Collocation Tariff in Idaho. At such time as the Commission s decision is reversed andVerizons Collocation Tariff Advice No. 00-05 is permitted' to go into effect or at such time as there is a Verizon Collocation tariff on file with the Commission , and subject to the fore.going, the following terms and conditions will be rendered ineffectual, and Verizonshall provide Collocation to OneEighty in accOrdance with the terms and conditions set forth inVerizon s CollocatiOn tariff, and VerizOn shall do so regardless of whether or not such terms and conditions are effective. Section 1 of this Collocation Attachment ("Attachment"), in conjunction with the rest ofthis Agreement, set forth the terms and a conditions under which Verizon shall provide collocation services to OneEighty. Collocation provides for access to Verizon Premises , for the purpose of interconnection and/or acceSs to Unbundled Network Elements (UNEs). Verizon s Premises include Venzon s central offices, serving WireCenters, and all other buildings or similar structures owned, leased , or otherwisecontrolled byVerizon that hQuseVerizon g network facIlities. Collocation at Verizon Wire Centers and accesstanderns shall be accomplished through caged, cagelessvirtual or microwave service offerings, as described b~lowj except if not practical for technical reasons or due to space limitations. In such event, Verizon shall provideadjacent collocation or other methods of collocation, subject to space availability andtechnical feasibility. As required by Applicable Law, Verizon shall also offer rates, termsand conditions for collocation. services that are not expressly addressed in this Attachment or other Verizon ta'ri'ffs 01') an individual case baSis, and in doing so, shallcomply with all applicable federal or state requirements. Types of Collocation Sinale Caaed . A single caged arrangement is a form of caged collocation , which allows a single CLEC to lease caged floor space to house its equipment within Verizon Premises. 1.2 Shared Caaed. A shared caged arrangement is a newly constructed caged collocation arrangement that is jointly applied for and occupied by two or more CLECs within a Verizon Premise. When two or more Verizon ICA 111 Verizon ICA CLECs request establishment and jointly apply for a new caged collocation arrangement to be used as a shared caged arrangement one of the participating CLECs must agree to be the host CLEC (HC) and the other(s) to be the guest CLEC (GC). The HC and GC(s) are solely responsible for determining whether to share a shared caged collocation arrangement and if so, upon what terms and conditions. The HC and GC(s) must each be interconnected to Verizon for the exchange of traffic with Verizon and/or to access unbundled network elements. Verizon will not issue separate billing for any of the rate elements associated with the shared caged collocation arrangement between the HC and the GC(s), but Verizon will provide the HC with information on the proportionate share of the NRCs for each CLEC in the shared arrangement. The HC will be responsible for ordering and payment of all ,collocation applicable services ordered by the HC and GC(s). The HC and GC will be responsible for ordering their own unbundled network elements from Verizon. Verizon will separately billthe HC and/or GC(s) for unbundled network elements ordered. The HC and GC(s) are Verizon s customers and have all the rights and obligations applicable hereunder to CLECs purchasing collocation- related services, including, without limitation , the obligation to pay all applicable charges, whether or not the HC is reimbursed for all or any portion of such charges by the guest(s) AUterms and conditions for caged collocation as described in this Attachment will apply to shared caged collocation requirements. Subleased Caoed.Vacant space available in a CLEC's caged collocation arrangement may be made available to a third party(s) for the purpose of interconnection and/or for access to UNEs in Verizon Premises via the subleasing collocation arrangement. The CLEC subleases the floor space to the third party(s) pursuant to terms and conditions agreed to by the CLEC and the third party(s) involved. The CLEC and third party(s) must each be interconnected to Verizon for the exchange of traffic with Verizon and/or to access unbundled network elements. The CLEC is solely responsible for determining whether to sublease a shared caged collocation arrangement and if so upon what terms and conditions. Verizon will not issue separate billing for any of the rate elements associated with the subleased caged collocation arrangement between the CLEC and the third party(s). The CLEC will be responsible for ordering and payment of all collocation applicable services ordered by the CLEC and the third party(s). Each CLEC and third party will be responsible for ordering their own unbundled network elements from Verizon. Verizon will separately bill the CLEC and third party/parties for unbundled network elements ordered. The CLEC and third party(s) are Verizon s customers and have all the rights and obligations applicable hereunder to CLECs purchasing collocation-related services, including, without limitation the obligation to pay all applicable charges, whether or not the CLEC is reimbursed for all or any portion of such charges by the third party(s). All terms and conditions for caged collocation as described in this Attachment will apply to subleased caged collocation requirements. 1.4 Caaeless.Cageless collocation is a form of collocation in which CLECs can place their equipment in Verizon Premises. A cageless collocation arrangement allows a CLEC, using Verizon approved vendors, toinstall equipment in single bay increments in an area designated by Verizon. The equipment location will be designated by Verizon and will 112 Verizon ICA vary based on individual Verizon Premise configurations. CLEC equipment will not share the same equipment bays with Verizon equipment. Adjacent.An adjacent collocation arrangement permits a CLEC to construct or procure a structure on Verizon property for collocation for the purposes of interconnection and/or access to UNEs in accordance with the terms and conditions of this Agreement. Adjacent collocation is only an option when the following conditions are met: (1) space is legitimately exhausted in Verizon s Premise for caged and cageless collocation; and (2) it is technically feasible to construct or procure a hut or similar structure on Verizon property that adheres to local building code, zoning requirements, and Verizon building standards. OneEighty is responsible for complying with all zoning requirements any federal, state or local regulations, ordinances and laws, andobtaining all associated permits. Verizon may, where required participate in the zoning approval and permit acquisitions. OneEighty may not take any action in establishing an adjacent structure that will force VeriZon to violate any zoning requirements or any federal, state or local regulations, ordinances, or laws. Any construction by OneEighty on Verizon property must comply with Verizon s technical specifications as they relate to environmental safety and grounding requirements. Verizon will make available power and physical collocation services to OneEighty in the same non- discriminatory manner as it provides itself for its own remote equipment buildings (REBs). Virtual.Under virtual collocation, Verizon installs and maintains OneEightyprovided equipment which is dedicated to the exclusive use of the OneEighty in a collocation arrangement. Additional details on Virtual Collocation are set forth in Section 1. Microwave. Physical collocation of microwave transmission facilities will be permitted on a first-come , . first-served basis except where such collocation is not practical for technical reasons or because of space limitations. Microwave collocation provides for the interconnection of OneEighty or Verizon provided facilities, equipment and support structures located in, on or aboVe the exterior walls and roof of Verizon premises. Additional details on Microwave Collocation are set forth in Section 1.10. Orderino Application. Point of Contact.Verizon will establish points of contact for OneEighty to contact to place a request for collocation. The point of contact will provide OneEighty with general information and requirements, including a list of engineering and technical specifications, fire, safety, security policies and procedures, and an application form. Application ForrmlFe.. One Eighty requesting collocation a Verizon Premise will be required to complete the application form and submit the non-refundable engineering fee set forth in Appendix A, described in Section 1., for 113 Verizon ICA each Verizon Premise at which collocation is requested. The application form will require OneEighty to provide all engineering, floor space (where applicable), power environmental and other requirements necessary for the function of the service. OneEighty will provide Verizon withspecifications for any non-standard or special requirements at the time of application. Verizon reserves the right to assess the customer any additional charges on an individual case basis ("ICB") associated with complying with the requirements. Any such charges shall be noticed to OneEighty. Verizon will process collocation requests from CLECs on a first-come, first-serve basis pursuant to Verizon s receipt of a completed application form and the non-refundable engineering fee. Notification of Acceptance/Rejection . Verizon will notify OneEighty in writing within eight (8) Business Days following receipt of the completed application if OneEighty' requirements cannot be accommodated as specified. If the application is deficient, Verizon will specify in writing, within eight (8) Business Days, the information that must be provided by OneEightyin order to complete the application. If OneEighty resubmits a revised application curing any deficiencies in their original application within ten (10) calendar days after being informed of them , OneEighty shall retain its position within the collocation application queue. Space Availability. Verizon will notify OneEighty, in writing, within eight (8) Business Days following receipt of the completed application form and non-refundable engineering fee if space is available at the selected Verizon Premise. The response will be one of the following: There is space and Verizon will proceed with the arrangement. There is no space. Verizon will proceed as described in Section 1.4. There is no readily available space, however, Verizon will determine whether space can be made available and will notify OneEighty within twenty (20) Business Days. At the end of this period, Verizon will proceed as described in 10r 1.2 above. 1.2.Price Quote. Verizon shall provide OneEighty with a price quote for collocation services required to accommodate OneEighty's requestwithin eight (8) Business Days of OneEighty's application date provided that no ICBrates are required in the quote. OneEighty shall have five (5) Business Days from receipt of the quote to inform Verizon, in writing, of its intent to proceed with their collocation request and pay fifty percent (50%) of the applicable Non-Recurring Charges (NRCs), set forth in Appendix A as described in Section 1. associated with the ordered collocation services. The remaining 50% will be billed by Verizon upon completion of the collocation request. 114 Verizon ICA 2.4 (Intentionally Left Blank). Auamentati.on.AU requests for an addition or change to an existing collocation arrangement that has been inspected and turned over to OneEighty is considered an augmentation. An augmentation request will require the submission of a complet~ application form and a non- refundable Engineering or Minor Augmenffee. A Minor Augment feemay not be required under the circumstances outlined below. The definition of a major or minor augment is as follows: Major Augments of collocation arrangements are those requests that: (a) require ACor DC power; (b) add equipment that generates more BTU's of heat, or (c)increase the floor space over what OneEighty requested in its original application. A complete application and Engineering Fee will be required when submitting a request that requires a Major Augment. Minor Augments of collocation arrangements will require the submission of a complete 9Pplication form and the Minor Augment Fee. Minor augments are those requests that: (a) do not require additional DC and AC power, (b) do not add equipmentthatg~neratesmore BTU's of heat, or (c) do notincrease floor space, over what OneEighty requested in its original application. The requirements of a Minor Augment request cannot exceed the capacity of the existing/proposed electrical, power or HVAC system. Requests for additional DSO, DS1 , and DS3 facility terminations to access Verizon s unbundled network elements are included as Minor Augments. Minor Augments that require an augment fee are those requests that require Verizon to perform a service or function on behalf of OneEighty including but not limited to: installation of Virtual equipment cards or software upgrades removal of Virtual equipment, requests to pull cable from exterior microwave facilities, and requests to terminate DSO DS1 and DS3 cables. Minor Augments that do not require a fee are those augments performed solely by OneEighty, that do not require Verizon to provide a service or function on behalf of OneEighty, including but not limited to, requests to install additional equipment in OneEighty collocation space. Prior to the installation of the additional equipment, OneEightyagrees to provide Verizon an application form with an updated equipment listing that includes the new equipment to be installed in OneEighty's collocation arrangement. Once the equipment list is submitted to Verizon, OneEightymay proceed with the augment. OneEighty agrees that changes in equipment provided by OneEighty under this provision will not exceed the engineering specifications for power and HVAC as requested on original application. All augments will be subject to Verizon inspection , inaccordance with term of this contract for the purpose of ensuring compliance with Verizon safety standards. 115 Verizon ICA Expansion. Verizon will not be required to construct additional space to provide for OneEighty collocation when available space has been exhausted. Where OneEighty seeks to expand its existing collocation space, Verizon shall make contiguous space available to the extent possible; provided, however, Verizon does not guarantee contiguous sp(3ce to OneEighty to expand its existing collocation space. OneEighty requests for expansion of existing space within a specific Verizon Premise willrequire the submissiOn of an application form and the appropriate Major Augment fee. Relocation. OneEighty requests for relocation of the termination equipment from one location to a different location within the same Verizon Premise will be handled on an ICB basis. OneEighty will be responsible for all costs associated with the relocation of its equipment. Installation and Operation Joint Planninq and Implementation Levels.Where conditioned space is readily available, the implementation interval for Caged and Cageless collocation requests is seventy-six (76) Business Days for all standard requests which were properly forecast six (6) months prior to the application date, subject to the conditions set forth. Should unique circumstances arise such as major construction obstacles or special OneEighty requirements, upon notification to OneEighty, a time extension of no greater than fifteen (15) Business Days will apply. Intervals for non-standard arrangements, including, but not limited to Adjacent collocation shall be mutually agreed upon by OneEighty and Verizon. The following standard implementation milestones, in Business Days, will apply unless OneEighty and Verizon jointly decide otherwise: Day 1: OneEighty submits completed application and associated Engineering/Major Augment Fee. Day 9: Verizon notifies OneEighty that request can be accommodated. Day 14: OneEighty notifies Verizon of its intent to proceed and submits 50% payment as set forth in Section 1. 1.4 Day 76: Verizon and OneEighty attend a Joint Inspection meeting and Verizon turns over the collocatiOn space to the OneEighty. Verizon and OneEighty shall work cooperatively in meeting these milestones and deliverables as determined during the joint planning process. Verizon will schedule a meeting with OneEighty to determine engineering and network requirements. A preliminary schedule will be developed outlining major milestones. OneEighty and Verizon control various interim milestones they must complete in order to meet the overall intervals. The interval clock will stop, and the final due date willbe adjusted accordingly, for each milestone OneEighty misses (day for day). When Verizon becomes aware of the possibility of vendor 116 delays, Verizon will first contact OneEighty to attempt to negotiate a new interval. Verizon and OneEighty shall conduct additional joint planning meetings, as reasonably required , to ensure that all knownissues are discussed and to address any that may impact the implementation process. Verizon will permit OneEighty to schedule one escorted visit to OneEighty's collocation space during construction. The applicable labor rates in Appendix A will be appliedfor the escorted visit Prior to OneEighty beginning the installation of its equipment, OneEighty must sign Verizon work completion notice, indicating acceptance of the collocation space. OneEighty may not install any equipment or facilities in the collocation space until the receipt by Verizon of the work completion notice. Prior to One Eighty beginning the installation of equipment in a cage, bay or cabinet OneEightyand Verizon must conduct a joint inspection of the designated collocation space. Verizon shall notify OneEighty of the date the collocation arrangement is ready for the joint inspection. OneEighty has ten (10) Business Days to meet Verizon at the site of the collocation arrangement. Upon acceptance of the arrangement by OneEighty, billing wHlbe initiated, access cards will be issued and OneEighty may begin installation of equipment. If OneEighty does not attend the joint inspection within the specifredten (10) Business Days, Verizon will initiate billing for all monthly and nonrecurring charges. Unconditioned space conversion timeframes fall outside the normal intervals and are negotiated on an individual case basis based on negotiations with the site preparation vendor(s). Verizon will use its best efforts to minimize the additional time required to condition collocation space, and will inform OneEighty of the time estimates as soon as possible. 3.2 Forecastinq and Use of Data Verizon ICA Verizon will requeSt Caged and Cageless forecasts from OneEighty on a semi-annualbasis, with each forecast covering a two-year period. OneEighty will be required to update the near-term (6-month) forecasted application dates. Information requested will include central office month applications are expected to be sent, requested in-service month, preference for Caged or Cageless collocation, and square footage required. Unforecasted demand will be given a lesser priority than forecasted demand. Verizon will make every attempt to meet standard intervals for unforecasted requests. However, if unanticipated requests push demand beyond Verizon s capacity limits, Verizon will negotiate longer intervals as required (and within reason). In general, ifforecasts are received less than two (2) months prior to the application date, the interval start day may be postponed asfollows: 117 No forecast: Interval Start Date commences two (2) months after application date. Forecast received one month prior to application date: Interval Start Date commences two (2) months after application date. Forecast received two (2) months prior to application date: Interval Start Date commences one month after application date. Any such interval adjustments will be discussed with OneEighty at the time the application is received. Collocation Capacity Verizon s estimate of its present capacity (Le., no more than an increase of 15% over the average number of applications received for the preceding three months in a particular geographic area) is based on current staffing and current vendor arrangements. If the forecasts indicate spikes in demand, Verizon will attempt to smooth the demand via negotiations with the forecasting CLECs. If Verizon and OneEighty fail to agree to smooth demand Verizon will determine if additional expenditures would be required to satisfy the spikes in demand and will work with the Commission Staff to determine whether such additional expenditure is warranted and to evaluate cost recovery options. If Verizon augments its workforce based on forecasts Verizon reserves the right to hold CLECs accountable for the accuracy of their forecasts. Vendor Capacity. Verizon will continuously seek to improve vendor performance for all premises work, including collocation. Since the vendors require notice in order to meet increases in demand, Verizon will share OneEighty actual and forecasted demand with appropriate vendors, as required , subject to the appropriate confidentiality safeguards. Verizon will seek assistance from the CLECs to resolve vendor inability to meet demands. Responsibility for Vendor Delays. No party shall be excused from their obligations due to the acts or omissions of a Party s subcontractorsmaterial, men, suppliers or other third persons providing such products or services to such Party unless such acts or omissions are the product of a Force Majeure Event, or unless such delay or failure and the consequences thereof are beyond the reasonable control and without the fauJt or negligence of the Party claiming excusable delay or failure to perform. Space Preparation. Verizon ICA Caoe Construction . For caged collocation, OneEighty mayconstruct the cage with a standard enclosure if they are a Verizon approved contractor or OneEighty may subcontract this work to a Verizon approved contractor. 118 Verizon ICA Site Selection/Power.Verizon shall designate the space within its Premise wh~re OneEighty shall collocate its equipment Verizon will assign collocation space to OneEighty in a just, reasonable, and nondiscriminatory manner. Verizon will allow OneEighty requesting caged or cageless collocation to submit space preferences on the Application Form prior to assigning caged and cageless collocation space to OneEighty. Verizon will assign caged and cageless space in accordance with the following standards: (1 ) One Eighty's collocation costs cannot be materially increased by the assignment; (2) OneEighty' occup~tion and use of Verizon s premises cannot be materially delayed,by the assignment; (3) The assignment cannot impair the quality of service or impose other limitations on the service OneEighty wishes to offer, and (4) The assignment cannot reduce unreasonably the total space available for caged and cageless collocation, or preClude unreasonably, caged and cageless collocation within Verizon s premises. Verizon may assign caged and cageless collocation to space separate from space housing Verizon s equipment provided that each of the following conditions is met: (1) Either legitimate security concerns, or operational constraints unrelated to Verizon s or any of its affiliates' or subsidiaries pompetitive concerns, warrant such separation; (2) Any caged and cageless collocation space assigned to an affiliate or subsidiary of Verizon is separated from space housing Verizon s equipment; (3) The separated space will be available in the same time frame as, or a shorter time frame than, non-separated space; (4) The cost of the separated space to OneEighty will not be materially higher than the cost of non-separated space; and (5) The separated space is comparable, from a technical and engineering standpoint, to non-separated space. Where applicable, Verizon shall provide, at the rates set forth in Appendix A described in Section 1., 48V DC power with generator and/or battery back-up, heat, air conditioning and other environmental support to OneEighty's equipment in the same standards and parameters required for Verizon equipment within that Verizon Premise. OneEighty may install AC convenience outlets and overhead lighting if OneEighty is a Verizon approved contractor, or this work may be subcontracted to a Verizon approved contractor. DC Power.Verizon will provide DC power to the collocation arrangement as specified by OneEighty in its Collocation application. The OneEighty will specify the load on each feed and the size of the fuse to be placed on each feed. Charges for DC power will be applied based on the total number of load amps ordered on each feed. For example, if OneEighty orders a total of 40 load amps of DC power and an A and B feed, OneEighty could order 20 119 6.4 Verizon ICA load amps on the Afeed and 20 load amps on the B feed. Verizon will permit OneEighty to order a fuse size up to 2. times the load amps ordered provided that applicable law permits this practice. Thus, OneEighty could order that each feed be fused at 50 amps if OneEighty wants one feed to carry the entire load in the event the other feed fails. Accordingly, OneEighty will be charged on the basis of the total number of load amps ordered , Le., 40 amps, and not based on the total number of amps available for the fuse size ordered. OneEighty is responsible for engineering the power consumption in its Collocation arrangements and therefore must cOnsider any special circumstances in determining the fused capacity of each feed. Verizon will engineer the power feeds to the Collocation arrangement in accordance with industry standards based upon requirements ordered by OneEightyin its Collocation application. Any subsequent orders to increase DC power load at a Collocation arrangement must be submitted on a Collocation application. Verizon reserves the right to perform random inspections to verify the actual power load being drawn by a Collocation arrangement. At any time, without written notice, Verizon may measure the DC power drawn at an arrangement by monitoring the power distribution point. In those instances where Verizon needs access to the Collocation arrangement to make these measurements, Verizon will schedule a joint meeting with OneEighty. If the inspection reveals that the power being drawn does not exceed the total number of load amps ordered , no further action will apply. If the inspection reveals that the power being drawn is greater than 100% and up to 110% of the total number of load amps ordered, Verizon will provide OneEighty with written notification by certified U.S. Mail to the person designated by OneEighty to receive such notice that more power is being drawn than was ordered. Within five (5) Business Days ofthe date of notification, OneEighty must reduce the power being drawn to match its ordered load or revise its power requirement to accommodate the additional power being drawn. Failure to reduce the power being drawn or submit a revised application within the five (5) Business Days will result in an increase in the amount of power being billed to 110% of the power ordered in the application on file. If the inspection reveals that the power being drawn is greater than 110% of the total number of load amps ordered, that arrangement is subject to the following treatment: 120 Verizon ICA Verizon will provide OneEighty with written notification by certified U.S. Mail to the person designated by OneEighty to receive such notice that it has exceeded its ordered power. Additional Labor charges, as set forth in Appendix A, apply for the cost associated with performing this inspection. Verizon will bill OneEighty for the full fused capacity for each of the next six (6) bill periods following the inspection. 8.4 After six (6) months of full fused capacity billing, and upon receipt of an application to revise the power required at that arrangement, Verizon will adjust .the billing to reflect OneEighty's revised power requirement. In the event that a revised application is not submitted, billing at full fused capacity will continue until a revised application is received. Within fifteen (15) Business Days of the date of notification, OneEighty must submit a non- scheduled attestation of the power being drawn at each of its remaining Collocation arrangements. Failure to submit this non- scheduled attestation will result in the application of Additional Labor charges set forth in Appendix A for any subsequent DC power inspections Verizon performs prior to receipt of the next scheduled attestation. Scheduled attestations are described in Section 1. following. Annually, OneEighty must submit a written statement signed by a responsible officer of OneEighty, which attests that it is not exceeding the total load of power as ordered in its Collocation applications. This attestation, which must be received by Veriion ' no later than the last day of June, shall individually list all of OneEighty's completed Collocation arrangements provided by Verizon in all of its operating territdties. If OneEighty fails to submit this written statement by the last day in June, Verizon will notify OneEighty in writing that it has thirty (30 days) to submit its power attestation. Failure to submit the required statement within the 30 day notice period will result in the billing of DC power at each Collocation arrangement to be increased to the total number of amps fused. Whenever Verizonis required to perform work on ColloCation arrangement as a result of OneEighty's order for a reduction in power requirements (e., change in fuse size), Verizon will assess a nonrecurring charge for the additioncallabor. The nonrecurring charge applies for the first half hour (or fraction thereof) and for each additional 121 half hour (or fraction thereof) per technician , per occurrenceas shown in Appendix A If OneEighty orders a change in the power configuration requiring new -48 volt DC power feeds to the Collocation arrangement, Verizon will require an Engineering/Major Augment Fee with an application, as set forth in Appendix , subject to the terms and conditions described in Section 5. In addition, if OneEighty's order for a reduction in DC power triggers the deployment of power cabling to a different power distribution point, the Engineering/Major Augment Fee as set forth in Appendix A applies. Verizon will work cooperatively with OneEighty to configure the new power distribution cables and disconnect the old ones. Eauipmentand Facilities Verizon ICA Purchase of Eauipment.OneEighty will be responsible for supply, purchase, delivery, installation and maintenance of its equipment and equipment bay(s) in the collocation area. Verizon is not responsible for the design, engineering, or performance of OneEighty s equipment and provided facilities for collocation. Upon installation of all transmission and power cables for collocation services, OneEighty relinquishes all rights, title and ownership of transmission (excluding fiber entrance facility cable) and power cables to Verizon. Permissible Eauipment.Verizon shall permit the collocation and use of any equipment necessary for interconnection or access to unbundled network elements in accordance with the following standards: (1) Equipment is necessary for interconnection if an inability to deploy that equipment would, as a practical, economic, or operational matter preclude One Eighty from obtaining interconnection with Verizon (ita level equal in quality to that which Verizon obtains within its own network or Verizon provides to any of its affiliates, subsidiaries, or other parties; and (2) Equipment is necessary for access to an unbundled network element if an inability to deploy that equipment would, as a practical, economic, or operational matter preclude OneEighty from obtaining nondiscriminatory access to that unbundled network element, including any of its features, functions, or capabilities. Multi-functional equipment shall be deemed necessary for interconnection or access to an unbundled network element if and only if the primary purpose and function of the equipment, as OneEighty seeks to deploy it, meets either or both of the standards set forth in the preceding paragraph. For a piece of equipment to be utilized primarily to obtain equal in quality interconnection or nondiscriminatory access to one or more unbundled network elements, there also must be a 10gical'ne?Cus between the additional functions the equipment would perform and the telecommunication services OneEignty seeks to provide to its customers by means of the interconnection or unbundled network 122 7.4 Verizon ICA element The collocation of those functions of the equipment that, as stand-alone functions, do not meet either of the standards set forth in the preceding paragraph must not cause the equipment to significantly increase the burden on Verizon s property. Whenever Verizon objects to collocation of equipment by OneEighty for purposes within the scope of Section 251 (e)(6) of the Act, Verizon shall prove to the state commission that the equipment is not necessary for interconnection or access to unbundled network elements under the standards set forth above. OneEighty may place in its caged collocation space ancillary equipment such as cross connect frames, and metal storage cabinets. Metal storage cabinets must meet Verizon Premise environmental standards. Specifications.OneEighty equipment must fully comply with BeUcore Network Equipment Building Systems (NEBS) Generic Equipment Requirements (GR-63-CORE), Electromagnetic Compatibility and Electrical Safety Generic Criteria for Network Telecommunications Equipment (GR- 1 089-CORE) and the Network Equipment Installation Standards Information Publication (IP-72201), Workmanship Requirement Profile and Verizon s central office; engineering, environmental and transmission standards as they relate to fire, safety, health environmental safeguards, or interference with Verizon services or facilities. OneEighty equipment must conform to the same specific risk!$afety/h~ard $tandards which Verizon imposes on its own central office equipment as defined in Verizon s NEBS requirements RNSA-NEB-95-0003 , Revision 10 or higher. OneEighty equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipment as defined in Verizon s RNSA-NEB-95-0003, Revision 1 0 or higher. In addition, OneEighty may install equipment that has been deployed by Verizon for five (5) years or more with a proven safety record. Verizon reserves the right to remove facilities and equipment from its list of approved products if such products, facilities, and equipment are determined to be no lOnger compliant with NEBS standards or Electromagnetic Compatibility and Electrical Safety Generic Criteria for Network Telecommunications Equipment (GR-1089-CORE).Verizon will provide 90 days' notice of the change unless it is due to an emergency that renders notice impossible. Cable. OneEighty is required to provide proper cabling, based on circuit type (VF, DSO, xDSL, DS1 , DS3, etc.) toensure adequate shielding. Verizon cable standards are 123 Verizon ICA required to reduce the possibility of interference. OneEighty is responsible for providing fire retardant riser cable that meets Verizon standards. Verizon is responsible for placing One Eighty's fire retardant riser cable from the cable vault to the collocation space. Verizon is responsible for installingOneEighty provided fiber optic cable in the cable space or conduit from the first manhole to the premises. This may be shared conduit with dedicated inner duct. If OneEighty provides its own fiber optic facility, then OneEighty shall be responsible for bringing its fiber optic cable to the Verizon Premise manhole. OneEighty must leave sufficient cable length for Verizon to be able to fully extend such cable through to OneEighty's collocation space. Manhole/Splicina Restrictions. Verizon reserves the right to prohibit all equipment and facilities, other than fiber optic cable, in its manholes. OneEighty will not be permitted to splice fiber optic cable in the first manhole outside of the Verizon Premise. Where OneEighty is providing underground fiber optic cable in Manhole #1 , it must be of sufficient length as specified by Verizon to be pulled through the Verizon Premise to OneEighty s collocation space. Verizon is responsible for installing a cable splice, if necessary, where OneEighty provided fiber optic cable meets Verizon standards within the Verizon Premise cable vault or designated splicing chamber. Verizon will provide space and racking for the placement of an approved secured fire retardant splice enclosure. Access Points and Restrictions. Points of interconnection and demarcation between OneEighty's facilities and Verizon s facilities will be designated by Verizon. This point(s) will be a direct connection(s) to OneEighty' network. Verizon shall have the right to require OneEighty to terrninatecollocation facilities onto a Point of Termination (POT) Bay, OneEighty must tag all entrance facilities to indicate ownership. OneEighty will not be allowed access to Verizon s DSX line-ups, MDF or any other Verizon facility termination points. Only Verizon employees, agents or contractors will be allowed access to the MDF, DSX, or fiber distribution panel to terminate facilities, test connectivity, run jumpers and/or hot patch in-service circuits. Staoina Area. For caged and cageless collocation arrangements, OneEighty shall have the right to use a designated staging area, a portion of the Verizon Premise and loading areas, if available , on a temporary basis during OneEighty's equipment installation work in the collocation space. OneEighty is responsible for protecting Verizon equipment Verizon Premise walls and flooring within the staging area and along the staging route. OneEighty will meet all Verizon fire, safety, security and environmental requirements. The temporary staging area will be vacated and delivered to Verizon in an acceptable condition upon completion of the installation work. OneEighty may also utilize a staging trailer, which can be located on the exterior 124 premises of Verizon Premise. Verizon may assess OneEighty a market value lease rate for the area occupied by the trailer. Testing. Upon installation of OneEighty's equipment, andwith prior notice, Verizon will schedule time to work with OneEighty during the tum~up phase of the equipment to ensure proper functionality between OneEighty's equipmentand the connections to Verizon equipment. The time period for this to occur will correspond to Verizon s maintenance window installation requirements. It is solely the responsibility of OneEighty to provide their own monitor and test points, ifrequired, for connection directly to its terminal equipment. Interconnection Between Collocated Spaces.Dedicated Transit Service (DTS), which allows for interconnection between OneEighty and anotherCLEC, provides a dedicated electrtcalor optical path between collocation arrangements (caged, cageless, and virtual) of the same or of two different CLECswithin the same Verizonpremises, using Verizon provided distribution facilities. DTS is available for DSO, DS1 DS3, and dark fiber: cross connects. In addition, Verizon will also provide othertechnically feasible cross-connection arrangements, including lit fiber, on an IndMdual Case Basis (lOB) as requested by Qn$Eighty and agreed to by Verizon. Verizon will offer DTSto OneEighty as long as such access is teChnically feasible. DTS is only available when both collocation arrangements (either caged, cagelass, and/or virtual) being interconnected are within the same Verizon premises, provided that the collocated equipment is used for interconnection with Verizon and/or for access to the Verizon s unbundled network elements. Verizon shall provide such DTS connections from OneEighty' collocation arrangement to another collocation arrangement of OneEighty within the same Verizon premises, or to a collocatiOn arrangement of another CLEC in the same Verizon premises. DTS is provided at the same transmission level from One Eighty to another CLEC. The DTS arrangement requires OneEighty to provide cable assignment information for itself as well as for the other CLEC. Verizohwill riotmake cable assignments for DTS. OneEighty is responsible for all DTS ordering, bill payment, disconnect orders and maintenance transactions and is the customer of record. Wheninitiating a DTS request, OneEighty must submit an Access Service Request (ASR) and a letter of agency from the CLEC it is connecting to that authorizes the DTS connection and facility assignment. DTS is provided on a negotiated interval With One Eighty. 10 Optical Facility Terminations. If OneEighty requests access to unbundled dark fiber and unbundled optical interoffice facilities, OneEighty may apply for a fiber optic patchcord connection(s) between Verizon s fiber distribution panel Verizon ICA 125 (FDP) and OneEighty s collocated transmission equipment and facilities. The fiber optic patchcord cross connect is limited in use solely in conjunction with access to unbundled dark fiber, unbundled optical interoffice facilities, andDedicated Transit Service. Ac.cessto GoliocationSpace.Verizon will permit OneEighty employees, agents, and contractors approved by Verizon to have direct access to OneEighty's caged and cageless collocation equipment twenty-four (24) hours a day, seven (7) days a week and reasonable access to Verizon s restroom and parking facilities. OneEighty's employees, agents, or contractors must comply with the policies and practices ofVerizon pertaining to fire, safety, and security. Verizon reserves the right, with twenty-four (24) hours prior notice to OneEighty, to access OneEighty's collocated partitioned space to perform periodic insp~ctions to ensure compliance with Verizon installation, safety and security practices. Where OneEighty shares a common entrance to the Verizon Premise with Verizon, the reasonable use of shared building facilities, e., elevators, unrestricted corridors etc., will be permitted, However, Verizon reserves the right to permanently remove and/or deny access from Verizon premises, anyOneEighty employee, agent, or contractor who violates Verizon policies, work rules, or business conduct standards, or otherwise poses a security risk to Verizon. Network OutaQe. Damaae and Reoortina. OneEighty shall be responsible for: (a) any damage or network outage occurring as a result of OneEighty owned or OneEighty designated termination equipment in Verizon Premise; (b) providing trouble report status when requested; (c) providing a contact number that is readily accessible twenty-four (24) hours a day, seven (7) days a week; (d) notifying Verizon of signifiCant outag.es which could impact or degrade Verizon switches and services and provide estimated clearing time for restoral; and (e) testing its equipment to identify and clear a trouble report when the trouble has been sectionalized (isolated) to OneEighty service. Verizon will make every effort to contact OneEighty in the event OneEighty equipment disrupts the network. If Verizon is unable to make contact with OneEighty, Verizon shall temporarily disconnect OneEighty's service, as pr"vided in Section 1.11. 10 Security Reauirements 10.Backaround Tests: Trainina. All employees, agents and contractors of OneEighty must meet certain minimum requirements as established by Verizon. Upon notification of available space, or as soon as reasonably practicable thereafter, OneEighty must submit to Verizon s SecurityDepartment for priOr approval a background investigation certification form for ail employees, agents and contractors that will require access to Verizon Premises. OneEighty agrees that its employees/vendors with access to Verizon Premises shall at all times adhere to the rules of conduct established by Verizon for the Verizon Premises and Verizon s personnel and vendors. Verizon reserves the right to make changes to such procedures and rules to Verizon ICA 126 10. Verizon ICA preserve the integrity and operation of Verizon s network or facilities or to comply with applicable laws and regulations. Verizon will provide OneEighty with written notice of such changes. Where applicable, Verizon will provide information to OneEighty on the specific type of security training required so One Eighty's employees can complete such training. Security Standards. Verizon will be solely responsible for determining the appropriate level of security in each Verizon Premise. Verizon reserves the right to deny access to Verizon buildings and/or outside Facility structures for any OneEighty employee, agent or contractor who cannot meet Verizon s established security standards. Employees agents or contractors of OneEighty are required to meet the same security requirements and adhere to the same work rules that Verizon s employees and contractors are required to follow. Verizon also reserves the right to deny access to Verizon buildings and/or outside Facility structures for OneEighty's employee, agent and contractor for falsification of records, violation of fire, safety or security practices and policies or other just cause. OneEighty employees, agents or contractors who meet Verizon s established security standards will be provided access to OneEighty's caged and cageless collocation equipment 24 hours a day, seven days a week and reasonable access to Verizon s restroom facilities. If OneEighty employees, agents or contractors request and are granted access to other areas of Verizon premises, a Verizon employee, agent or contractor may accompany and observe OneEighty employee(s), agent(s) or contractor(s) at no cost to OneEighty. Verizon may use reasonable security measures to protect its equipment including, for example, enclo~ingits equipment in its own cage or other separation, utilizing monitored card reader systems, digital security cameras, badges with computerized tracking systems identification swipe cards keyed access and/or logs, as deemed appropriate by VerizOA. Verizon may require OneEighty employees and contractors to use a central or separate entrclnce to Verizon s premises provided, however, that where Verizon requires that OneEighty employees or contractors access collocated equipment only through a separate entrance, employees and contractors ofVerizon s affiliates and subsidiaries will be subject to the same restriction. Verizon may construct or require the construction of a separate entrance to access caged and cageless collocationspace, provided that each of the following conditions is met: (i) Construction of a separate entrance is technically feasible; (ii) Either legitimate security concerns or operational constraints unrelated to the incumbent's or any of its affiliates' or subsidiaries competitive concerns warrant such separation; (Hi),Construction of a separate entrance wfll not artificially delay collocation provisioning; 127 10. and (iv) Construction of a separate entrance will not materially increase OneEighty's collocation costs. Access Cardslldentification. Access cards or keys will be provided to no more than a reasonable number of individuals for OneEighty for each Verizon Premise for the purpose of installation, maintenance and repair of OneEighty's caged and cageless collocation equipment. All OneEighty employees, agents and contractors requesting access to the Verizon Premise are required to have a photo identification card, which identifies the person by name and the name of OneEighty. The ID must be worn on the individual's exterior clothing while on or at Verizon Premises. Verizon will provide OneEighty with instructions and necessary access cards or keys to obtain access to Verizon premises. OneEighty is required to immediately notify Verizon by the most expeditious means, when any OneEighty's employee, agent or contractor with access privileges to Verizon premises is no longer in its employ, or when keys, access cards or other means of obtaining access to Verizon premises are lost, stolen or not returned by an employee, agent or contractor no longer in its employ. OneEighty is responsible for the immediate retrieval and return to Verizon of all keys, access cards or other means of obtaining access to Verizon premises upon termination of employment of OneEighty's employee and/or termination of service. OneEighty Shall be responsible for the replacement cost of keys, access cards or other means of obtaining access when lost, stolen or failure of OneEighty or OneEighty's employee, agent or contractor to return to Verizon. 11 Emeraencv Access. OneEighty is responsible for providing a contact number that is readily accessible 24 hours a day, 7 days a week. OneEighty will provide access to its collocation space at all times to allow VerizOn to react to emergencies, to maintain the building operating systems (where applicable and necessary) and to ensure compliance with OSHA/Verizon regulations and standards related to fire, safety, health and environment safeguards. Verizon will attempt to notify OneEighty in advance of any such emergency access. advance notification is not possible Verizon will provide notification of any such entry to OneEighty as soon as possible following the entry, indicating the reasons for the entry and any actions taken which might impact OneEighty's facilities or equipment and its ability to provide service. Verizon will restrict access to OneEighty s collocation spaceto persons necessary to handle such an emergency. The emergency provisioning and restoration of interconnection service shall be in accordance with Part 64, Subpart D , Paragraph 64.401 , of the FCC'Rules and Regulations, which specifies the priority for such activities. Verizon reserves the right, without prior notice, to access OneEighty' collocation space in all emergency, such as fire or other unsafe conditions, or for purposes of averting any threat of harm imposed by OneEighty or OneEighty's equipment upon the operation of Verizon or another CLEC's equipment, facilities and/or employees located outside OneEighty s collocation space. Verizon will notify OneEighty as soon as possible when such an event has occurred. In case of a Verizon ICA 128 1.4 Verizon ICA Verizon work stoppage, OneEighty's employees, contractors or agentswill comply with the emergency operation procedures established by Verizon. Such emergency procedures should not directly affectOneEighty's access to its premises, or ability to provide service. OneEighty will notify Verizon point of contact of any work stoppages by OneEi(ghty employees. Space Reauirements. 1.4.Space Availability. If Verizon is unable to accommodate caged and cageless collocation requests at a Verizon Premise due to space limitations or other technical reasons, Verizon will post a list of all such sites on its website and will update the list within ten (10) calendar days of the date at which a Verizon Premise runs out of caged and cageless collocation space. This information will be listed at the following public Internet URL: httP://www.ate.com/reaulatorv.WhereVerizon has denied caged and cageless collocation requests at a Verizon Pr~mise due to space limitations or other technical reasons Verizon shall: (a) submit to the state commission, subject to any protective order as the state may deem necessary, detailed floor plans or diagrams oftheVerizon Premise whic;h show what space, if any,Verizon or any of its affiliCites has reserved for future use; and describe in detail, the specific future uses for which the space has been reserved and the length of time for each reservation; and (b) allow OneEightyto tour the entire premises of the Verizon Premise, withoutcharge, within ten (10) calendar days of the tour request. 1.4.MinimumlMaximum/Additional Space. The standard sizes of caged collocation space will be increments of 100 square feet unless mutually agreed to otherwise by Verizon and OneEighty. The minimum amount of fIoor space aYCiilable to OneEighty at the time of the initial application will be twenty-five (25) square feet of caged collocation space or one (1) single bay in the case of cageless collocation. The maximum amount of space available in a specific Verizon Premise to OneEighty will be limited to the amount of existing suitable space which is technically feasible to support the collocation arrangement requested. Existing suitable space is defined as available space in aVerizon Premise that does not require the addition of AC/DC power heat and air conditioning, battery and/or generator back-up power and other requirements necessary for provisioning collocation services. Additional space to provide fOr caged, cageless and/or adjacent collocation will be provided on a per request basis, where available.Additional space can be requested by OneEighty by completing and submitting a new application form and the applicable non-refundable engineering fee set forth in Appendix A described in Section 1. Verizon will not be required to lease additional space when available space has been exhausted. 1.4.Use of Space.Verizon and OneEighty will work cooperatively to determine proper space requirements, and efficient use of space. In addition to other applicable requirements set forth in this Agreement OneEighty shall install all its equipment within its designated area in contiguous line-ups in order to optimize the utilization of space within Verizon s Premises. OneEighty shall use the collocation space solelyfor the purposes of installing, maintaining and operating OneEighty' equipment to interconnect for the exchange of traffic with Verizon 129 and/or for purposes of accessing UNEs. OneEighty shall not construct improvements or make alterations or repairs to the collocation space without the prior written approval of Verizon. The collocation space may not be used for administrative purposes and may not be used as OneEighty's employee(s) work location, office or retail space, orstorage. The collocation space shall not be used as OneEighty' mailing or shipping address. 1.4.4 Reservation of Space. Verizon reserves the right to manage its Verizon Premise conduit requirements and to reserve vacant space for planned facility. Verizon will retain and reserve a limited amount of vacant floor space within its Verizon Premises for its own specific future uses on terms no more favorable than applicable to other CLECs seeking to reserve colloC?tion space for their own future use. If the remaining vacant floor space within a Verizon Premise is reserved for Verizon own specific future use, the Verizon Premise will be exempt from future caged and eageless collocation requests. OneEighty shall not be permitted to reserve Verizon Premise cable space or conduit system. If new conduit is required, Verizon will negotiate with OneEighty to determine an alternative arrangement for the specific location. OneEighty will be allowed to reserve collocation space for its caged/cageless arrangements based on OneEightys documented forecast provided Verizon and subject to space availability. Such forecast must demonstrate a legitimate need to reserve the space for use on terms no more favorable than applicable to Verizon seeking to reserve vacant space for its own specific use. Cage less collocation bays may not be used solely for the purpose of storing OneEighty equipment. 1.4.Collocation Space Report.Upon request by OneEighty and upon OheEighty signing a collocation nondisclosure agreement, Verizon will make available a collocation space report with the following information for the Verizon Premise requested: 1.4.Detailed description and amount of caged and cageless cOllocation space available; Number of telecommunications carriers with existing collocation arrangements; 1.4. 1.4.Modifications of the use of space since the last collocation space report requested; and Measures being taken, if any, to make additional collocation spaces available. 1.4.5.4 The collocation space report is not required prior to the submission of a collocation application for a specific Verizon Premise in order to determine collocation space availability for the Verizon Premise. The collocation space report will be prOvided to OneEighty within ten (10) calendar days of the request provided the request is submitted during the ordinary course of business. A collocation space report fee contained in Appendix A will be assessed per request and per Verizon Premise. Reclamation. When initiating an application form, OneEighty must have started installing equipment approved for collocation at Verizon Verizon ICA 130 Verizon ICA Premise within a reasonable period of time, not to exceed sixty (60)calendar days from the date OneEighty accepts the collocation arrangement. If OneEighty does not utilize its collocation space within the established time period, and has not met the space reservation requirements of Section 1.4.4 to the extent applicable, Verizon mayreclaim the unused collocation space to accommodate another CLEC' request or Verizon s future space requirements. Verizon shall have the right, for good cause shown, and upon sixty (60) calendar days' noticeto reclaim any collocation space, cable space or conduit space in orderto fulfill its obligation under public service law and its tariffs to provide telecommunication services to its Customers. In such cases, Verizonwill reimburse OneEighty for reasonable direct costs and expenses in connection with such reclamation. Verizon will make every reasonable effort to find other alternatives before attempting to reclaim any such space. OneEighty may seek Commission relief from reclamationwithin ten (10) Business Days of being notified. PricinG Rate Sheet.The rates for Verizon s collocation services provided pursuant to this Agreement are set forth in Appendix A attached hereto only to the extent that there are no corresponding rates in an applicable Collocation tariff on file with the Commission. If there is a Collocation tariff on file with the Commission, the rates in such tariffshall apply and the rates set forth in Appendix A shall not apply. Subsequent to the execution of this Agreement, Verizon also may electto file a Collocation tariff with provisions addressing any of the rates specified in this Agreement Any such filing will expressly supercede and replace the corresponding rates set forth in Appendix A and will render such rates specified in Appendix A null and void. Notwithstanding anything in this Agreement to the contrary, the rates identified in this attachment also may be superseded prospectively by rates contained in future final, binding and non-appealable regulatory orders or as otherwise required by legal requirements. BillinG and Payment.The initial payment of NRCs shall be due and payable in accordance with Section 1.1. The balance of the NRCsand all related monthly reCurring service charges will be billed to OneEighty when Verizonprovides OneEighty access to the caged cageless or adjacent collocation arrangement or completes installation of the virtual collocation arrangement and shall be payable in accordance with applicable established payment deadlines. Liability and'indemnification In addition to their other respective indemnification and liability obligations set forth in this Agreement, each party shan meet the following obligations. To the extent that this provIsion conflicts with any other provision in this Agreement, this provision shall control. The fact that a provision' appears in another part of theAgreement but not in this Attachment, or in this Attachment and not in anotherpart of the Agreement, shall be interpreted as, or deemed grounds for finding, aconflict. 1 No liability shall attach to Verizon for damages arising from errors mistakes, omissions, interruptions, or delays of Verizon, its agentsservants or employees, in the course of establishing, furnishing, 131 rearranging, moving, terminating, or changing the service or facilities (includin.g the obtaining or furnishing of information in respect thereof or with respectto the subscribers or users of the service or facilities) the absence of gross negligence or willful misconduct. Subject to the preceding and to the provisions following, with respect to any claim or suit, by OneEighty or by any others, for damages associated with the installation, provision, termination, maintenance, repair or restoration ofservice, Verizon s liability, if any, shall not exceed an amount equal to the proportionate charge for the service by Verizon for the service for the period during which service was affected. Verizon shall not be liable for any act or omission of any other party furnishing a portion of service used in connection with the servicesherein. (a) Verizon is not liable for damages to OneEighty premises resulting from the furnishing of service, including the installation and removal of equipment and associated wiring, unless the damage is caused by Verizon s gross negligence or willful misconduct. Verizon shall be indemnified, defended and held harmless by OneEighty and/or its end user against any claim, loss or damage arising from the use of services offered under this Attachment, involving: Verizon ICA All claims, including but not limited to injuries to persons or property from voltages or currents, arising out of any act or omission of the CLEC or its end user in connection with facilities provided by Verizon, OneEighty, or the end user; or Verizon shall not be liable to OneEighty or its customers in connection with the provision or use of the services provided under this Attachment for indirect, incidentalconsequential, reliance or special damages, including (without limitation) damages for lost profits, regardless of the form of action, whether in contract, indemnity, warranty, strict liability, or tort, including (without limitation) negligence of any kind, even if Verizon has been advised of the possibility of such loss or damage. 6.4 Verizon does not guarantee or make any warranty with respect to its services when used in an explosive atmosphere. Verizon shall be indemnified , defended and held harmless by OneEighty from any and all claims by any person relating to OneEighty's use of services so provided. 5 No license under patents (other than the limited license to use) is granted by Verizon or shall be implied or arise by estOppel, withrespect to any service offered under this Attachment. 6 Verizon s failure to provide or maintain services under this Attachment shall be excused by labor difficulties, governmental orders, civilcommotions, criminal actions taken against Verizon, acts of God andother circumstances beyond Verizon s reasonable control. Verizon shall not be liable for any act or omission of any other entity furnishing to OneEighty facilities, equipment, or services used inconjunction with the services provided under this Attachment. Nor shall Verizon be liable for any damages or losses due to unauthorized 132 Verizon ICA use of the services or the failure or negligence of OneEighty or OneEightyend user or due to the failure of equipment, facilities, orservices provided by OneEighty or its end user. Neither party shall be liable to the other or to any third party for anyphysical damage to each other's facilities or equipment within the central office, witless caused by the gross negligence or willful m isconduct of the party's agents or employees. OneEighty shall indemnify, defend and save harmless Verizon from and against any and all losses, claims, demands, causes of action andcosts, including attorney s fees, whether suffered, made, instituted orasserted by OneEighty or by any other party or person for damages to property and injury or death to persons, including payments madeunder any worker's compensation law or under any plan for employees' disability and death benefits, which may arise out of or becaused by the installation, maintenance, repair, replacementpresence, use or removal of One Eighty's equipment or facilities or bytheir proximity to the equipment or facilities or all parties occupying space within or on the exterior of Verizon s central office(s), or by anyact or omission of Verizon, its employees, agents, former or strikingemployees, or contractors, in connection therewith , unless caused bygross negligence or wiflful misconduct on the part of Verizon. These provisions shall survive the termination, cancellation, modification orrescission of the Agreement for at least 18 months from the date of the termination. Verizon shall indemnify, defend and save harmless OneEighty from and against any and all losses, claims, demands, causes of action andcosts, including attorneys' fees, whether suffered, made, instituted orasserted by Verizon or by any other party or person for damages to property and injury or death to persons, including payments made under any worker's'compensation law or under any plan for employe'es' disability' and death benefits , which may arise out of or be caused byVerizon s provision of service within or on the exterior of the central office of by an act or omission of OneEighty, its employees agents, former or striking employees, or contractors, in connectiontherewith, unless Caused by gross negligence or wiHful misconduct onthe part of OneEighty. 10 OneEighty shall indemnify, defend and save harmless Verizon from and against any and all losses, claims, demands, causes of actiondamages and costs, including but not limited to attorney s fees anddamages costs, and expense of relocating conduit systems resulting from loss of right-of-way or property owner consents, which may ariseout of or be caused by the presence, in, or the occupancy of thecentral office by One Eighty, and/Or acts by One~i9hty, its employees agents or contractors. 11 OneEighty shall indemnify, defend, and hold harmless Verizon , itsdirectors, officers and employees, servants, agents, affiliates and. parent, from and against any and all claims, cost, expense or liability ofany kind , including but not limited to reasonable attorney s fees, arisingout of or relatingOneEighty installation and operation of its facilities or equipment within the multiplexing node, roof space and transmitterspace. 133 Verizon ICA 12 OneEighty represents, warrants and covenants that it shall comply with all applicable federal, state or local Jaw, ordinance, rule or regulationsincluding but not limited to, any applicable environmental, fire, OSHAor zoning laws. OneEighty shall indemnify, defend, and hold harmlessVerizon, its directors, officers and employees servants , agentsaffiliates and parent from and against any and all claims, costexpense or liability of any kind including but not limited to fines or penalties arising out of any breach of the foregoing by OneEighty, its directors, officers, employees, servants, agents, affiliates and parent.These provisions shall survive the termination , cancellationmodification or rescissiOn of the Agreement for at least 18 months from the date of the termination. 13 Verizon represents, warrants and covenants that it shall comply with all applicable federal, state or local law, ordinance, rule or regulations, inconnection with its provisibnof service within or on the exterior of the central office, including butnot limited to, any applicable environmental, fire, OSHA or zoning laws. Verizon shall indemnify, defend, and hold harmless One Eighty, its directors, officersemployees, agents or contractors, from and against any and all claims cost, expense or liability of any kind including but not limited to fines or penalties arising out of any breach of the foregoing by Verizon, its directors, officers and employees, servants, agents, affiliates and parent. 14 Verizon and OneEighty shall each be responsible for all persons under their control or aegis working in compliance herewith , satisfactorily, and in harmony with all others working in or on the exterior of the central office and, as appropriate, cable space. Casualty If the collocation equipment location in Verizon s Premise is rendered wholly unusable through no fault of OneEighty, or if the Verizon Premises shall be so damaged that Verizon shall decide to demolish it, rebuild it, or abandon (whether or notthe demised Verizon Premises are damaged in whole or in part), then, inany of such events, Verizon may elect to terminate the collocation arrangements in the damaged building or outside Facility structure by providing written notification to OneEighty as soon as practicable but no later than one hundred eighty (180) calendar days after such casualty specifying a date for the termination of the collocation arrangements, which shall not be more than sixty (60) calendar days after the giving of such notice. Upon the date specified in such notice, the term of the collocation arrangement shall expire as fully and completely as if such date were the date set forth above for the termination of this Agreement. OneEighty shall forthwith quit, surrender and vacate the VerizonPremises without prejudice. UnlessVerizon shall serve a termination notice asprovided for herein , Verizon shall make the repairs and restorations with all reasonable expedition subject to delays due to adjustment of insurance claims labor troubles and causes beyond Verizon s reasonable control. After any such casualty, OneEighty shall cooperate with Verizon s restoration by removing fromthe collocation space, as' promptly as reasonably possible, all of OneEighty'salvageable inventory and movable equipment, furniture and other property.Verizon will work cooperatively with OneEighty to minimize any disruption to service, resulting from any damage. Verizon shall provide written notification to OneEighty detailing its plans to rebuild and will restore service as soon as practicable. In the event of termination , Verizon s rights and remedies against 134 Verizon ICA OneEighty in effect prior to such termination, and any fees owing. shall be paidup to such date. Any payments of fees made by OneEighty which were because any period after such date shall be returned to OneEighty. Termination of Service. Grounds for Termination. Verizon s obligation to provide collocation iscontingent upon OneEighty's compliance with the terms and conditions of this Attachment and other applicable requirements of this Agreement, including, without limitation, Verizon s receipt of allapplI(:8ble fees, rates, charges, application forms and required permits. Failure of OneEighty to make payments when due may result in termination of service. Collocation arrangements will automatically terminate if the premises in which the collocation space is located is closed, decommissioned or sold and no longer houses Verizon network facilities. At least one hundred eighty (180) days written notice will i:)e given to OneEighty of events which may lead to the automatic termination of any such arrangement pursuant to this Attachment, except when extraordinary circumstances require a shorter interval. In such cases, Verizon wHl provide notice to One Eighty as soon as practicable. Verizon will work with OneEighty toidentify alternate collocation arrangements. Verizon will work cooperatively with One Eighty to minimize any potential for service interruption resulting from such actions. In addition to the other grounds for termination of collocation services set forth h~rein , Verizon ~Iso reserves the right to terminate such services upon thirty (30) calendar days notice in the event OneEighty: (a) is not in conform~nce with Verizon standards and requirements; and/or (b) imposes continued disruption and threat of harm to Verizon employee$ and/or network, or Verizon s ability to provide service toother CLECs. Effects ofTerrnination.OneEighty must provide a minimum of thirty (30) calendar days written notice if OneEighty elects to terminate a existing collocationarrang.ement after acceptance of the collocation space, Allmonthly recurring charges will continue for thirty (30) calendar days from the date of the termination notice, or until OneEighty's equipmentis removed and the collocation space is restored to its original condition at space turnover, whichever is longer. Upon the terminationof collocation service, OneEighty shall disconnect and remove its equipment from the designated collocation space. Verizon reserves the right to remove OneEighty's equipment if OneEighty fails to remove and dispose of the equipment within the thirty (30) calendar days of discontinuance. OneEighty will be charged the appropriate additional laborcharge in Appendix Afar the removalof such equipment. Uponremoval byOneEighty of all its equipment from the collocation space OneEighty will reimburse Verlzon for the cost to restore the collocation space to its original condition at time of occupancy. The cost will be applied based on the additional labor charges rate set forth in Appendix A. Cancellations and Acceptance Delays. If OneEighty elects to cancel arequest for collocation when construction is in progress and prior to acceptance of the collocatiOn space, OneEighty must do so in writing.Engineering/Major Augment fees submitted with the application will not 135 Verizon ICA be refunded. No monthly recurring charges will be billed to OneEighty.If OneEighty elects to not accept a completed collocation arrangement OneEighty must provide written notice within 30 calendar days of the scheduled completion date to avoid incurring any monthly recurring charges. Engineering/Major Augment fees submitted with the application will not be refunded. 8.4 Miscellaneous. Verizon retains ownership of Verizon Premise floor space, adjacent land and equipment used to provide all forms of collocation. Verizon reserves for itself and its successors andassignees, the right to utilize the Verizon Premises' space in such amanner as will best enable it to fulfill Verizon s service requirements.OneEighty does not receive, as a result of entering into a collocation arrangement hereunder, any right, title or interest in Verizon s PremiseFacility, the multiplexing node multiplexing node enclosure, cable cable space, cable racking, vault space or conduit space other than as expressly provided herein. To the extent that One Eighty requires use of a Verizon local exchange line, OneEighty must order a business local exchange access line (81). OneEighty may not use Verizon official lines. Virtual Collocation. Unless otherwise specified in this Section 1., the provisions contained in other sections of the Collocation Attachment shall apply to Virtual Collocation. Description. Under virtual collocation, Verizon installs and maintains OneEigl1typrovided equipment, which is dedicated to the exclusive use of OneEighty in a collocation arrangement. OneEighty provides fiber-optic facilities through Verizon entrance manholes for connection to OneEighty virtually collocated transmission equipment that provides interconnection to Verizon facilities located in the premises. The physical point of interface for connection to the virtual arrangement is referred to as manhole zero. From this manhole into the premises, Verizon shall assume ownership of and maintain the fiber. From this manhOle towardOneEighty's location, the fiber optic cable remains OneEighty's responsibility, with OneEighty performing all servicing and maintaining full ownership. If OneEighty is purchasing Verizon provided unbundled interoffice facilities as transport, OneEighty entrance fiber is not required. All elements/services shall be connected to the output cables of the virtual collocation arrangement usingVerizon designated cable assignments not channel assignments. Virtual collocation is Offered on a first come, first served basis and is provided subject to the availability of space and facilities in each premises where virtual collocation is requested. If OneEighty requests virtual collocation of equipment other than the standard virtual arrangement, One Eighty and Verizon will mutually agree upon the type of equipment to be virtually collocated. Implementation Intervals and Plannina. Verizon and OneEighty shallwork cooperativelytOjOintly plan the implementation milestones. Verizon and OheEighty shall work cooperatively in meeting those 136 milestones anddeliverables ~s determined during the joint planning process. A preliminary schedule will be developed outlining major milestones including anticipated delivery dates for the OneEighty- provided transmission equipment and for training. Verizon wiJlnotify OneEighty of issues or unanticipated delays, as theybecome known. Verizon and OneEighty shall conduct additional joint planning meetings, as reasonably required , to ensure all known issuesare discussed and to address any that may impact the implementation process. Planning meetings shall include establishment of scheduleidentification of tests to be performed, spare plug-in/card requirementstest equipment, and determination of the final implementation schedule. The implementation interval is 105 Business Days for all standard arrangement requests Which were properly forecast six months prior to the application dates subject to the provisions in this Attachment governingJorecasting and capacity. Verizon and OneEighty shall work cooperatively to schedule each site on a priority-based order. Verizonand OneEighty shall mutually agree upon intervals for non-standard arrangements. Transmission Failure. In the event of a transmission failure, theobligation to determine fault location, regardless of whether the fiber span is equipped with optical regener?l.tion equipment, lies with thetransmitting end. It is the responsibility of the receiving end to reportincoming signal loss to the transmitting end. 9.4 Accommodations. Upon receipt of a completed application and associated Virtual Eng,rneering fee, Verizon will conduct an applicationreviewengineering review and site survey at the requested premises. Verizon will notify OneEighty within ten Business Days of the results of this review and site survey. The dedicated terrninal equipment inside Verizon s premises shall beprovided by OneEighty and leased to Verizon for the sum of one dollar after successful installation and equipment testing by Verizon. The term of the operating lease will run for the duration of the virtual collocation arrangement, at which time OneEighty will remove the equipment. OneEighty will retain ownership of this equipment inside the premises. Verizon Will operate and maintain exclusive control overthis equipment inside the premises. Where Verizon l;Jses approved contractors for installation maintenance or repair of Virtual collocation arrangements, OneEightymay hire the same approved contractors directly for installation maintenance or repair of OneEighty designated equipment. Where Verizon doe~.nQt use contractors, OneEighty designatedequipment andOneEHgnty provldedfacHifies used in the provision of Virtual collocation will beinstalled, main;tained and repaired byVerizon. Verizon will maintain and repair OneEighty designated equipment under the same timeframe and standards as its own equipment. Verizon ICA 137 OneEighty personnel are not allowed on Verizon premises to maintain and repair on Virtual collocation equipment. Verizon shall monitor local premises and environmental alarms to support the equipment. Verizon will notify OneEighty if a local office alarm detects an equipment affecting condition. Verizon will be responsible to pull the fiber into and through the cable entrance facility (i.e., vault) to the virtual collocation arrangement. All installations into the cable entrance facility are performed by Verizon personnel or its agents. No virtual collocation arrangement will be placed in service by Verizon until necessary training has been completed (refer to Section 1.11). Plua-ins and Scare Cards. When a plug-in/card is determined by Verizon to be defective, Verizon will label the plug-in as defective and place it in OneEighty-dedicated plug-in/card storage cabinet. OneEighty will be notified as the plug~in/card is replaced. Verizon will not provide spare plug-ins/cards under any circumstances nor is Verizon responsible for OneEighty's failure to replace defective plug-ins/cards. Verizon shall not be held responsible if OneEighty provides an inadequate supply of plug-ins/cards. Verizon will segregate and secure OneEighty-provided maintenance spares in OneEighty-provided spare plug-in/card cabinet. OneEighty shall provide the shop-wired piece of equipment fully pre- equipped with working plug-ins/cards. In addition, OneEighty shall provide Verizo'n with maintenance spares fer each plug-in/card type. The number of maintenance spares shall be the manufacturer's recommended arnount, unless otherwise mutually agreed by Verizon and OneEighty, provided however, that in no event shall the number of spare plug-ins/cards be less than two of each type. These spares must be tested by OneEighty prior to delivery to Verizon. In addition to maintenance spares, OneEighty will also provide any unique tQols or test equipment required to maintain, turn-up, or repair the equipment. Upon receiving notification from Verizon that a plug-in/card has beenreplaced, OneEighty is then responsible to contact the Verizon operations manager to arrange exchange and replacement of the plug- in/card. Exchanged, pre-tested spares shall be provided within one week of replacement of a defective plug-in/card. Subject to premise space availability, OneEighty shall have the option of providing a stand-alone spare plug-in/card cabinet(s) or a rack- mountable spare plug~inJcard cabinet(s), to Verizon s specification, tohouse the spare plug-ins/cards. The spare plug-in/card cabinet(s) andminimum number of maintenance spares must be provided before the virtual collocation arrangement is completed and service is established. Verizon ICA 138 Verizon ICA The amount of spare plug-ins/cards required will be based on the manufacturer's recommended amount, unless otherwise mutually agreed by Verizon and OneEighty. 9;6 Safety and Technical Standards. Verizon reserves all rights to terminate modify or reconfigure the provision of service to OneEighty if, in thediscretionofVerizon, provision of service to OneEighty may in any way interfere Mth or adversely affect Verizon s network or its ability toservice other CLECs. All OneEightyequipment to be installed in Verizon premises must fully cOmply with the GR- 000063 - CORE, GR - 1089 CORE andVerizons premises environmental and transmission standards in effect at ttJe time of equipment installation. The equipment must also comply with the requirements in NTP 74165, as they relate to fire, safety,health, environmental, and network safeguards. It is OneEighty's responsibility to demonstrate and provide to Verizon adequate documentation from an accredited source certifying compliance.OheEightyequipment must conform to the same specific risk/safety/hazard standards which Verizon imposes on its own premises equipment as defined in RNSA - NEB - 95 - 0003, Revision10 or higher. OneEighty equipment is not required to meet the same performance and reliability standard$ as Verizonirnposes on its own equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. OneEighty may install equipment that has been deployed by Verizon for five years or more with a proven safety record. AIIOneEighty's entrance facilities and splices must comply with TR-TSY - 0'0020 , TR. NWT - 0'01 058 BR - 760 - 200 - 030 and SR -TAP - 001421 as they relate to fire, safety,health, environmentalsafeguards and interference with Verizon s services and facilities.Such requirements include, but are not limited to the following: (1) The fibers must be single mode; (2) The fiber optic units must be of loose tube (12 fiiIDers)or Hbbon (12 fibers) design; (3) The fiber cable must be marked accordrhgto the cable marking requirements in GR - 20 CORE, Section 6.1 - 4; (4) The fiber must be identified according to the fiber and unit identification (color codes) in GR - 20 - CORESection 6.5; (5) UtHessotherwise mutually agreed , the outer cablejacket shall consist of a polyethylene resin, carbon black, and suitableantioxidant system; and (6) Silica fibers shall be fusible with a commercially available fusion splicer(s) that is commonly used for this operation. Control Over Premises-Based EQUipment.Verizon exercises exclusivephysical control over the premises-based transmission equipment thatterminates OneEighty's circuits and provides the installationmaintenance, and repair services necessary to assure proper operation of the virtually collocated facilities and equipment. Such work will be performed by Verizon under the direction of OneEighty. Removal of EQuipment.Verizon reserves the right to remove facilities and equipment from its list of approved products if such products 139 facilities and equipment are determined to be no longer compliant with NEBS standards or GR - 1089 - CORE. Installation and Trouble Resolution.Verizon will process and prioritize the trouble ticket in the sa~manner it does for its own equipment including the dispatch of a technician to the equipment. The technician will contact OneEighty at the number provided and service the equipment as instructed and directed by OneEighty. 10 Placement. Removal and Monitorinq of Facilities and Equipment.Frommanhole zero towardOneEig.hty's location the fiber optic cable remains OneEighty's responsibility, with OneEighty performing all servicing and maintainingfwll ownership. OneEighty has the responsibility to remotely monitor and control their circuits terminating in Verizon s premises, however, OneEighty will not enter Verizon s premises under virtual collocation arrangements. Performance and, surveiliCince mqnitoring and trouble isolation shall beprovided by OneEighty, A clear distinction must be made by OneEighty when submitting reports of troubles on Verizon services/elements connected to the virtually collocated equipment and reports of troubles with the collocated equipment. The former can be handled using Verizon technicians and standard processes. The latter will require specially trained technicians familiar with the collocated equipment (refer to Section 1.11). When OneEighty isolates a trouble Cind determines that a Verizontechnician should be dispatched to the equipment location for a servicing procedure, OneEighty shall enter a trouble ticket with Verizon. OneEighty shall provide standard trouble information including the virtual collocation arrangement's circuit identification nature of the activity request, and the name and telephone number of OneEighty's technician/contact. Responses to all equipment servicing needs will be at OneEighty direction. Maintenance will not be performed without OneEighty' direct instruction and authorization. If OneEighty is providing its own transport fiber for the virtual collocation arrangement, OneEighty will arrange placement of the fiber into manhole zero with enough length (as designated by Verizon) to reach the virtual collocation arrangement. Maintenance activity (trouble in the equipment) is to be tested, isolatedand evaluatedby OneEighty. Verizon technicians will perform theinstructed activities on the equipment as specifically directed by the CLEC. OneEighty shall provide, own, and operate the terminal equipment at their site outside Verizon s premises. 11 Use of Non-Standard Equipment.When OneEighty requests a virtual collocation arrangement consisting of equipment which Verizon does not use in its network nor has deployed in that particular premise to provide service to itself or another CLEC, OneEighty shall be Verizon ICA 140 responsible for training 50%, but no fewer than five, of Verizontechnicians in the administrative work unit responsible for servicing the equipment Any special tools or electronic test sets that Verizon doesnot have at the premises involved must be provided by OneEighty with adequate manufacturer's training. OneEighty is r~popsibleto arrange and pay all costs (including butnot limited to transportation and lodging for Verizon technicians) to have Verizon technicians professionally trained by appropriate trainers certified on the specific equipment to be used to provide the virtual collocation arrangement to OneEighty. QneEighty shall also pay for Verizon techni"ians' time subject to rates contained in Appendix A. When travel is required, travel expenses associated with training will be charged to OneEighty based on ticket stubs and/or receipts. This includes paying for mileage according to the I RS rates for personal carmileag,e or airfare , , as appropriate OneEighty also has the option of arrCingingand paying for all travel expenses for Verizon technicians directly. Inthe event of an equipment upgrade, OneEighty must providesecondary training subject to,the provisions contained herein. 12 AddItions and Rearranaements. Once OneEighty has established avirtual coUocationarrangement, changes to the existing configuration (including but not limited to, growing, upgrading, and/or reconfiguring the current equipment) are considered rearrangements to that virtual collocation arrangement. If OneEighty decides to rearrange an existing virtual collocation arrang,ement, OneEighty must submit a newapplication outlining the details Of the rearrangement along with a Virtual Engineering/Major Augment fee. 13 Application of Rates and Charaes Billing.Verizon will apply charges (e., nonrecurring and recurringrates for entry fiber, power, etc.) and commence billing for the virtual collocation arrangement upon completion of the installation, when itshall havefinisned all elements of the installation under its control.The readiness of OneEightyto utilize the completed virtual collocation arrangement Will not impair the right ofVerizon to commence billing. Verizon shall charge OneEighty for all costs incurred in providing the virtualcoUocatiQn arrangement including, but not limited to, Verizon planning, eng,ineering and installation time and costs incurred by Veri:zonfor inventory services. Any and all expenses associated with placing OneEighty'sfiber in manhole zero, including license fees, shallbe the responsibility of OneEighty. Virtual Enaineerina Fee. Verizon will require a Virtual Engineering/Major Augment fee (NRC) per virtual collocation request per premise or other Verizon location where OneEighty requests to establish virtual collocation. A Virtual Engineering/Major Augment fee is required to be submitted by OneEightywith its application. This fee applies for all new virtual collo'cation arrangements as well assubsequent additions to an existing arrangement, and provides forapplication processing, and for Verizon s performance of an initial sitevisit and an engineering evaluation. Verizon ICA 141 Verizon ICA If OneEiQhty cancels or withdraws its request for a virtual collocation arrangement prior to turn-up, OneEighty will be liable for all costs and liabilities incurred by Verizon in the developing, establishing, or otherwise furnishing the virtual collocation arrangement up to the point of cancellation or withdrawal. Other Virtual CoHo.cation Rate Elements. The application , descriptionand rates ofcoliocatiOri rate elements that are also applicable for Virtual Collocation are described in Appendix A. 14 Conversions. Requests for converting Virtual Collocation arrangements to Caged or Cageless arrangements shall be submitted and designated as an Augment Application described in Section 1. Requests for converting aVirtual arrangement to a Cageless arrangement that requires no' physical changes to the arrangement will be assessed a Minor Augment fee. Allother conversion requests for Virtual to Caged or Cageless will be asSessed an Engineering/Major Augment Fee and other applicable charges. Verizon will notify OneEighty within ten (10) Business Days following receipt of the completed Augment Application if OneEighty conversion request is accepted or denied. When converting a Virtual arrangement to a Caged or Cageless arrangement, OneEighty s equipment may need to be relocated. TheCLECwiH be responsible for all costs associated with the relocation ofits equipment as described in Section 1. Microwave Collocation. Microwave collocation is available on a first-come first-served basis where technically feasible. The microwave equipment may include microwave antenna(s), mounts, towers or other antenna support equipment on the exterior of the building, and radio transmitter/receiver equipment located either inside or on the exterior of the building. All microwave antennas must be physically interconnected to Verizon facilities through the collocation arrangement. Unless otherwise specified in this Section 1.10, the provisions contained in other sections of the Collocation Attachment shall apply to Microwave Collocation. 10.Accommodations. Verizon will provide space within the cable riser cable rack support structures and between the transmitter/receiver space and the roof space needed to reach the physical or virtual collocation arrangement and to access Verizon s interconnection point. Waveguide may not be placed in Verizoncable risers or racks. Verizon reserves the right to prohibit the installation of waveguide metallic conduit and coaxial cable through or near sensitive equipment areas. The route of the waveguide and/or coaxial cable as well as anyprotection required will be discuSsed during the pre-construction survey. Verizon will designate the space in, on or above the exterior walls and roof of the premises which will constitute the roof space or transmitterlreceiver space. Verizon may require OneEighty' transmitterlreceiver equipmentto be installed in a locked cabinet which may be free standing, wall mounted or relay rack mounted. Verizon may enclose OneEighty's multiplexing node or transmitter/receiver equipment in a cage or room. ' 142 Verizon ICA AUhe option of Verizon , the antenna support structure shall be built owned and maintained by either Ver~zon or by ** CLEC. Verizonreserves the right to use existing support structures for OneEighty' antenna, subject to space and capacity limitations. Verizon also reserves the right to use any unused portion of a support structure owned by CLEC for any reason, subject to the provisions set forth below. It shall be the responsibility of the owner of the support structure to maintain a record of the net book value of the structure. When Verizon is the owner of the strwcture, it shall keep such recordsin accordance with the FCC's Part 32 uniform system of accounts. When OneEighty is the owner of the structure, it shall keep suchrecords in accordance with generally accepted accounting principles. The owner of the support structure shall use reasonable efforts to accommodate requests by other CLECs to use the support structure for microwave interconnection on a first-come first-served basis. For those interconnecting via microwave facilities, transmitterlreceiverequipment may be located in OneEighty'sinterior collocation space, orin a separate location inside or on the exterior of the building as determined by Verizon. 10.Security. Veri:zonwill permit OneEighty's employees, agents and contractors approved by Verizon to have access to the areas where OneEighty's microwave antenna and associated equipment (e. tower andsuppertstructure, transmitter/receiver equipment, andwaveguideand/erceaxialcable) is located during normal business hours for iFistaliation and routine maintenance, provided that OneEightyempleyeesi agents and contractors comply with the policies ana practices ofVerizon pertaining to fire, safety and security. Such approval will not be unreasonably withheld. During non-businesshours, Verizonwill provide access on a per event basis. Verizon will also permit all approved employees, agents andcontractors of OneEighty to have access to OneEighty's cable andassociated equipment (e., repeaters). This will include access to riser cable, cableways, and any room or area necessary for access. 10.Safety and TechnicaL Standards. Verizon reserves the right to remove facilities and equipment from its list of approved products if such products, facilities andeq.uipment are determined to be no longer compliant with NEBS standards or electromagnetic compatibility and electrical safety generic criteria for network telecommunication equipment specified in GR - 1089 - CORE. Verizon will provide 90 days notice of the change unless it is due to an emergency which renders notice impossible. Verizon re~erves the right to review wind or ice loadings, etc., forant~nnas over 18 inches in diameter or for any multiple antenna installations, and to require changes necessary to insure that such loadings meet generally accepted engineering criteria for radio tower structures. The minimum height of equipment placement, such as microwaveantennas, must be eight feet from the roof. For masts, towers and/orantennas over 10 feet in height, OneEighty or if applicable, Verizon 143 shall have the complete structure, including guys and supports inspected every two years by an acceptable licensed professional engineer of its .choice specializing in this type of inspection. For OneEightyowhed structures that are solely for the use of one CLEC' antenna(s), such inspection will be at OneEighty's own cost and expense. For .structures used by multiple CLECs, the costs associated with such inspection shall be apportioned based on relative capacity ratios. A copy of this report may be filed with Verizon within 10 days of the inspection. The owner shall be responsible to complete allmaintenance and/or repairs, as recommended by the engineer, within 90 days. OneEighty shall provide written notice to Verizon of any complaint (and resolution of such complaint) by any governmental authority or others pertaining to the installation, maintenance or operation of OneEighty' facilities or equipment located in roof space or transmitter/receiver space. OneEighty also agrees to take all necessary corrective action. All OneEighty microwave equipment to be installed in or on the exterior of Verizon premises must be on the Verizon s list of approved products, or equipment that is demonstrated as complying with the technical specifications described herein. Where a difference may exist in the specifications, the more stringent shall apply. OneEighty must comply with Verizon technical specifications for microwave collocation interconnection specified in NIP - 74171 and Verizon s digital switch environmental requirements specified in NIP- 74165, as they relate to fire, safety, health, environmental, and network safeguards, and ensure that OneEighty provided equipment and installation activities do not act asa hindrance to Verizon services or facilities. OneEighty's equipment placed in or on roof space or transmitter/receiver space must also comply with all applicable rules and regulations of the FCC and the FAA. OneEighty facilities shall be placed, maintained, relocated or removed in accordance with the applicable requirements and specifications of the current edition of NIp.... 74171 , national electric code, the national electrical safety code, rules and regulations of the OSHA, and any governing authority having jurisdiction. All OneEighty microwave facilities must comply with Bellcore specifications regarding microwave and radio based transmission and equipment, CEF, BR.... 760 -200 - 030, and SR - TAP - 001421; and Verizon s practices as they relate to fire, safety, health, environmental safeguards transmission and electrical grounding requirements, or interference with Verizon services or facilities. The equipment located in, on or above the exterior walls or roof of Verizon s building must either be on VerizOn s list of approved products or fully comply with r$quirements specified in GR - 63 -CORE, GR - 1089 - CORE and NIP 74171. This equipment must also comply with NIP - 74160, premise engineering environmental and transmission standards as they relate to fire, safety, health environmental safeguards, or interference with Verizon service or facilities. Verizon ICA 144 Verizon ICA 10.4 Each transmitter individually and all transmitters collectively at a given location shallcomply with appropriate federal, state and/or localregulations governing the safe levels of radio frequency radiation. The minimum standard to be met by OneEighty in all cases is specified in ANSI C95; 1 - 1982. OneEighty equipment must conform to the same specific risk, safety,hazardstal1;dards which Verizon imposes on its own premises equipment as defined in RNSA- NEB - 95 - 0003, Revision 10 orhigher. OneEighty equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipmentas defined in RNSA - NEB - 95 - 0003, Revision 10 orhigher. Placement and Removal of Facilities andESauipment.Prior to installation of OneEighty's facilitiesor transmissionequiIJrnent for microwave interconnection, OneEightymust obtain at itssote cost and expense all necessary licenses permits, approvals, and/or variances for the installation and operation of the equipment and particular microwave system, and whenapplicable for any towers Or support structures, as may be required byauthorities haVing jurisdiction. OneEightyis not permitted to penetrate the building exterior wall or roof when installing or maintaining transmission equipment and support structures. All building penetration will be done by Verizon or a hired agent ofVerizon. Any OneEighty's equipment used to produce or extract moisture must be connected to existing or newly constructed building or roof top drainage systems, at the expense of OneEighty. OneEightywillbe responsible for supplying, installing, maintaining, repairing and servIcing the following microwave specific equipment: Waveguide, waveguide conduit, and/or coaxial cable, the microwaveantenna and associated tower and support structure and any associated equipment; and the transmitter/receiver equipment and any required grounding. OneEighty may install equipment that has been deployed by the Verizon for five years or more with a proven safety record. 10.Moves. Replacements or Other Modifications. Where OneEighty intendsto modify, move replace or addlo equIpment or facilities within orabout the roof space or transmitter/receiver space(s) and requires special consideration (e., use of freight elevators, loading dockstaging area, etc.), OneEighty must request and receive written consent fromVerizon. Such consent will not be unreasonablywithheld. OneEightyshall not make any changes from initialinstallation in terms of the number of transmitter/receivers, type ofradio equipment, power output of transmitters or any other technical parameters without the prior written approval of Verizon. 10.Space and Facilities;Monthly rates are applicable to each microwave CLEC for the space (generally on the premises roof) associated with Verizon or OneEighty owned antenna support structures. The rate is 145 calculated using the rate per square foot, multiplied by the square footage of the footprint, which resultant is multiplied by the CLEC' RCRs, (Le., the sum of the RCRs of each of the CLEC's antennas). Square footage for the footprint will be based on the length times width of the entire footprint formed on the horizontal plane (generally the roof top) by the antenna(s), tower(s), mount(s) , guy wires and/or supportstructures used by OneEighty. For a non.,.rectangular footprint, the length will be measured aUhelongestpart of the footprint and the width will be the widest part oHhe footprint. The owner of the support structure may charge OneEightys proposing to use the structure, on a one-time basis, for the following costs and/or values. Any incremental costs associated with installing the user's antenna, including but not limited to, the costs of engineering studies roof penetrations, structural attachments, support structure modification or reinforcement, zoning and building permits. A portion of the net book value of the support structure based on the relative capacity ratio (RCR) of the user's proposed antenna(s) to be mounted on the structure. A user s RCR represents the percent of the total capacity of the support structure used by user's antenna(s) on the structure. Spare capacity shall be deemed to be that of the owner of the structure. RCRs shall be expressed as a two place decimal number, rounded to the nearest whole percent. The sum of all user's RCRs and the owner'sRCR shall at all times equal 1.00. It shall the responsibility of the oWner otthe structure to provide the proposed user the net book value of the structure at the time of the proposed use. Upon request, the owner shall also provide the proposed user accounting records or other documentation supporting the net book value. The owner of the structure may not assess other users of the structure any charges in addition to the one-time charge described above except that the owner bfthe structure may assess other user's a proportionate share of inspection costs ana Verizon may assess microwave CLECs monthly recurring charges for use of its roof space. At the time a CLEC (including the owner) proposes to attach additional antennas to an existing support structure, it shall be the responsibility of that CLEC to obtain, at their cost and expense, an engineering analysis by a registered structural engineer to determine the relative capacity ratio of all antennas on the structure, including the proposed antennas. When a CLEC is the owner of the structure, the proposed user shall pay theowner'directly the one.,time charge as set forth above. When Verizon isthe owner of the support structure, it shall determine the charge on an individual case basis. In the event that a CLEC who owns the support structure fails to comply with these provisions, at Verizon s option, ownership of the support structure shall transfer to Verizon. Costs incurred byVerizon to conduct a review for wind or ice loadings (etc.) for antennas over 18 inches in diameter, or for any multiple antenna installation, and any changes which may be required thereto in order to insure that such lOadings meet generally accepted Verizon ICA 146 engineering criteria for radio tower structures, will be billed toOneEighty. 10.Emeraencv Power and/or Environmental SuPPort. In the event specialwork must be done by Verizon to provide emergency power or environmental support to the transmitter/receiver equipment or antenna, OneEighty will be billed on a time and materials basis for the costs incurred. 10.8, EscortinC:t When OneEighty personnel are escorted by a qualified Verizonernployee for access to the roof space, transmitter/receiverspace, or Cable risers and racking for maintenance, the miscellaneouslabor charges as set forth in Appendix A will apply. OneEighty's Provision of Collocation Upon request by Verizon, OneEigRty shall provide to Verizon collocation of facilities and equipment for the purpose offacilitating Verizori's interconnection with facilities orservices of OneEighty. OneEighty shall provide collocation on a non-discriminatory basisin accordance with OneEighty's applicable Tariffs, or in the absence of applicableOneEighty Tariffs, in accordance with terms, conditions and prices to be negotiated by the Parties. Verizon ICA 147 911 ATTACHMENT 911/E-911 Arrangements OneEighty may, at its option, interconnect to the Verizon 911/E-911 SelectiveRouter or 911 Tandem Offices, as appropriate, that serve the areas in whichOneEighty provides Telephone Exchange Services, for the provision of 911/E- 911 services and for access teal! slibtending Public Safety Answering Points (PSAP). In such situations, Verizon will provide OneEighty with the appropriate CLLI codes and specifications of the Tandem Office serving area. In areas where E-911 is not available, OneEighty and Verizon will negotiate arrangements to connect OneEighty to the 911 service in accordance with applicable state law. Path and route diverse Interconnections for 911/E-911 shall be made at the OneEighty-, the Verizon-, or other points as necessary and mutually agreed and as required by law or regulation. Within thirty (30) days of its receipt of a complete and accurate request from OneEighty, to include all required information and applicable forms, and to theextent authorized by the relevant federal, state, and local authorities, Verizon will provide OneEighty, where Verizon offers 911 service, with the following at a reasonable fee, if applicable: 1 a file via electronic medium containing the Master Street Address Guide MSAG") for each county within the LATA(s) where OneEighty is providing, or represents to Verizon that it intends to provide within sixty (60) days of OneEighty's request, local exchange service, which MSAG shall be updated as the need arises and a complete copy of which shall be made available on an annual basis; 2 a list of the address and CLLI code of each 911/E-911 selective router or 911 Tandem office(s) in the area in which OneEighty plans to offer Telephone Exchange Service; 3 a list of geographical areas, e.LATAs, counties or municipalities, with the associated 911 tandems, as applicable. 3.4 a list of Verizon personnel who currently have responsibility for 911/E- 911 requirements, including a list of escalation contacts should the primary contacts be unav~ilable. any special 911 trunking requirements for each 911/E-911 selectiverouter or 911 Tandem Office, where available, and; prompt return of any OneEighty 911/E-911 data entry files containing errors, so that OneEighty may ensure the accuracy of the Customer records. Electronic Interface OneEighty shall use, where available, the appropriate Verizon electronic interface through which OneEighty shall input and provide a daily update of 911/E-911 databaseinformation related to appropriate OneEighty Customers. In those areas where electronic interface is not available, OneEighty shall provide Verizon with all appropriate 911/E-911 information such as name, address, and telephone number via facsimile for Verizon ICA 148 Verizon s entry into the 911/E-911 database system. Any 911/E-911-related dataexchanged between the Parties prior to the availability of an electronic interface shall conform to Verizon standards, whereas 911/E-911-related data exchanged electronicallyshall conform to the National Emergency Number Association standards (NENA). OneEighty may also use the electronic interface, where available, to query the 911/E-911database to verify the accuracy of OneEighty Customer information. 911 Interconnection Verizon and OneEighty will use commercially reasonable efforts to facilitate the prompt robust, reliable and efficient interconnection of OneEighty systems to the 911/E-911platforms and/or systems. 911 Facilities OneEighty shall be responsible for providing facilities from the OneEighty End Office to the 911 Tandem or selective router. OneEighty shall deploy diverse routing of 911 trunkpairs to the 911 tandem or selective router. Local Number Portability for use with 911 The Parties acknowledge that until Local Number Portability (LNP) with full 911/E-911compatibility is utilized for all ported telephone numbers, the use of Interim NumberPortability ("INP") creates a special need to have the Automatic Location Identification (All) screen reflect two numbers: the "old" number and the "new" number assigned byOneEighty. Therefore, for those ported telephone numbers using INP, OneEighty willprovide the 911/E-911 database with both the forwarded number and the directory number, as well as all other required information including the appropriate address information for the customer for entry into the 911/E-911 database system. Further OneEighty will outpulse the telephone number to which the call has been forwarded (that , the Customer's ANI) to the 911 Tandem office or selective router. OneEighty will include their NENA five character Company Identification ("COlD") for inclusion in the Alldisplay. OneEighty is required to enter data into the 911/E-911 database under the NENAStandards for LNP. This includes, but is not limited to, using OneEighty's NENACOlD to lock and unlock records and the posting of OneEighty's NENA COlD tothe All record where such locking and migrating feature for 911/E-911 recordsare available or as defined by local standards. PSAP Coordination Verizon and OneEighty will work cooperatively to arrange meetings with PSAPs to answer any technical questions the PSAPs, or county or municipal coordinators mayhave regarding the 911/E-911 arrangements. 911 Compensation OneEighty will compensate Verizon for connections to its 911/E-911 platform and/orsystem pursuant to the rate schedule included in the Pricing Attachment. 911 Rules and Regulations OneEighty and Verizon will comply with all applicable rules and regulations (including 911 taxes and surcharges as defined by local requirements) pertaining to the provision of 911/E-911 services in Idaho. Verizon ICA 149 Verizon ICA 150 PRICING ATTACHMENT General As used in this Attachment, the term "Charges" means the rates, fees, chargesand prices for a Service. Except as stated in Section 2 Or Section 3 , below, Charges for Services shall beas stated in this Section 1. The Charges for a Service shall be the Charges for the Service stated in the Providing Party's applicable Tariff. In the absence of Charges fora Service established pursuant to Section 1., theCharges shall be as stated in Appendix A of this Pricing Attachment. 1.4 The Charges stated in Appendix A of this Pricing Attachment shall beautomatically superseded by any applicable Tariff Charges. The Charges stated in Appendix A of this Pricing Attachment also shall be automatically superseded by any new Charge(s) when such new Charge(s) are required by any order of the Commission or the FCC, approved by the Commission or the FCC, or otherwiseallowed to go into effect by the Commission or the FCC (including, but not limited , in a Tariff that has been filed with the Commission or the FCC), provided such new Charge(s) are not subject toa stay issued by any court of competentjurisdiction. In the absence of Charges for a Service established pursuant to Sections 1. through 1., if Charges for a Service are otherwise expressly provided for in this Agreement, such Charges shall apply. In the absence of Charges for a Service established pursuant to Sections 1. through 1., the Charges for theServ;ice shall be the Providing Party's FCC orCommission approved Charges. In the absence of Charges for a Service established pursuant to Sections 1. through 1., the Charges for the Service shall be mutually agreed to by the Parties in writing. Verizon Telecommunications Services Provided to OneEighty for Resale Pursuant to the Resale Attachment Verizon ICA Verizon Telecommunications Services for which Verizon is Required to Provide a Wholesale Discount Pursuant to Section 251 (c)(4) of the Act. 1 The Charges for a Verizon Telecommunications Service purchased by OneEighty for resale for which Verizon is required to provide a wholesale discount pursuant to Section 251 (c)(4) of the Act shall bethe Retail Price for such Service set forth in Verizon s applicable Tariffs(or, ifthere is no Tariff Retail Price for such Service, Verizon s RetailPrice for the Service that is generally offered to Verizon s Customers),less, to the extent required by Applicable Law: (a) the applicable wholesale discount stated inVerizon s Tariffs for VerizonTelecommunications Services purchased for resale pursuant to Section 251 (C)(4) of the Act; or, (b) in the absence of an applicableVerizon Tariff wholesale discount for Verizon Telecommunications 151 Verizon ICA Services purchased for resale pursuant to Section 251 (c)(4) of the Act the applicable whOlesale discount stated in Appendix A for Verizon Telecommunications Services purchased for resale pursuant to Section 251 (c) (4) of the Act. 2 The Charges for a Verizon Telecommunications Service Customer Specific Arrangement ("CSA") purchased by OneEighty for resale pursuant to Section 3.3 of the Resale Attachment for which Verizon is required to provide a wholesale discount pursuant to Section 251 (c) (4) of the Act, shall be the Retail Price for the CSA, less, to the extent required by Applicable Law: (a) the applicable wholesale discount stated in Verizon s Tariffs for Veri:Zoh Telecommunications Services purchased for resale pursuant to Section 251 (c)(4) of the Act; or, (b) inthe absence of an applicable Verizon Tariffwholesale discount for Verizon Telecommunications Services purchased for resale pursuant to Section 251 (c) (4) of the Act, the applicable discount stated in Appendix A for Verizon Telecommunications SeNices purchased for resale pursuant to Section 251 (c)(4) of the Act. Notwithstanding the foregoing, in accordance with, and to the extent permitted by Applicable Law, Verizon may establish a Wholesale discount for a CSA that differs from the wholesale discount that is generally applicable to Telecommunications Services provided to OneEighty for resale pursuantto Section 251 (c)(4) of the Act. Notwithstanding Sections 2.1 and 2., in accordance with , and to the extent permitted by Applicable Law, Verizon mayatany time establish a wholesale discount for a Telecommunications Service (including, but not limited to, a CSA) that differs from the wholesale discount that is generally applicable to Telecommunications Services provided to OneEightyfor resale pursuant to Section 251 (c)(4) of the Act. 1.4 The wholesale discount stated in Appendix A shall be automatically superseded by any new wholesale discount when such new wholesale discount is required by any order of the Commission or the FCC approved by the Commission or the FCC, or otherwise allowed to go into effect by the Commission or the FCC , provided such new wholesale discount is not subject to a stay issued by any court of competent jurisdiction. 5 The wholesale discount provided for in Sections 2.1 through 2.3 shall not be applied to: Short term promotions as defined in 47 CFR ~ 51.613; Except as otherwise provided by Applicable Law, Exchange Access services; Subscriber Line Charges, Federal Line Cost Charges, end user common line Charges, taxes, and government Charges and assessment (including, but not limited to, 9- 1 Charges and Dual Party Relay Service Charges). Any other service or Charge that the Commission , the FCC or other govemmentalentity of appropriate jurisdiction determines is not subject to a wholesale rate discount under Section 251 (c)(4) ofthe Act. 5.4 152 Verizon TelecommunfcattonsServicesfGr whIthVerizon is Not Required to Provide a Wholesale Discount Pursuant to Section 251 (c)(4) of the Act. 1 The Charges for a Verizon Telecommunications Service for which VerizOn is not required' to provide a wholesale discount pursuant toSection 251 (c)(4) of the Act shall be the Charges stated in Verizon Tariffs for such Verizon Telecommunications Service (or, if there areno Verizon Tariff Charges for such Service, Verizon s Charges for theService that aregeHercHly offered by Verizon). TheCharge~ for a Verizon Telecommunications Service customer specific contqact serviee arrangement ("CSA") purchased by OneEightypursuant to Section 3.3 of the Resale Attachment for which Verizon is not requiredto provide a wholesale discount pursuant to Section 251 (c)(4) of the Act shall be the Charges provided for in the CSA andany other Charges that Verizoncould bill the person to whom the CSA was originally provided (including, but not limited to, applicable VerizonTariff Charges). Other Charqes OneEighty shall pay, or collect and remit to Verizon, without discount, allSubscriber Line Charges, Federal Line Cost Charges, and end usercommon line Charges, associated with Verizon Telecommunications Services provided by Verizon to OneEighty. OneEighty Prices Notwithstanding any other provision of this Agreement, the Charges that OneEighty billsVerizon for OneEighty's Services shall not exceed the Charges for Verizon s comparableServices, except to the extent that OneEighty's cost to provide such OneEighty Servicesto Verizon exceeds the Charges for Verizon s comparable Services and OneEighty hasdemonstrated such cost to Verizon , or, at Verizon s request, to the Commission or theFCC. Section 271 If Verizon is a Bell Operating Company (as defined in the Act) and in order to comply with SeCtion 271 (c)(2)(B) of the Act provides a Service under this Agreement that Verizon is not required to provide by SeCtion 251 ofth'e Act, Verizon shall have the right to establishCharges for such Service in a manner that differs frOm the manner in which underApplicable Law (including, but not limited to, Section 252(d~ ofthe Act) Charges must beset for Services provided under Section 251. Regulatory Review of Prices Notwithstanding any other provision of this Agreement, each Party reserves its respective rights to institute an appropriate proceeding with the FCC, the Commission or othergovernmental body of appropriate jlllrisdiction: (a) with regard to the Charges for its Services (including, but notlimited to, a proCeedingjto change the Gharges for itsservices, whether provided for in any ofitsTa.riffS jriAppenc:iixA",gr oth~rwise);and (b)with regCirdto tme Charges of th~ other ParW (including, butnoflil11ited to a proceedingto obtain a reduction in such Charges and a refund of any amounts paid in excess ofanyCharges that are reduced). Verizon ICA 153 IDAHO APPENDIX A TO THE PRICING A TTACHMENT1 2 Rates and Charges for Transportation and Termination of Traffic The Reciprocal Compensation Traffic Termination rate element that applies to Reciprocal Compensation Traffic on, a minute of use basis for traffic that is delivered to an End Office is $0.0054184. The Reciprocal Compensation Traffic Termination rate element that applies to Reciprocal Compensation Traffic ona minute of use basis for traffic that is delivered to Tandem Switch is $0.0094514. The Tandem Transiting Charge is $0.004033* Entrance Facility Charge: Tariff See Intrastate Access 1 All rates and/or rate structures set forth herein, that are marked with an asterisk ('*' ), , as applied to wholesale discount ofretail Telecommunications Services, unbundled Network Elements or call transport and/or termination of R1:!ciprocalCompensation Traffic purchased for the provi~ion of Telephone Exchange Service or Exchange Access, shall be interimrates and/or rate structures. These interim rates and/or, rate structures shall be replaced ona prospective basis by suchpermanent rates and/or rate structures (applicable to wholesale discount of retail Telecommunications Services, unbundled Network Elements or call transport and/or termination of Reciprocal Compensation Traffic purchased for the provision of Telephone Exchange Service or Exchange Access) as may be approved by the Commission and if appealed as may be ordered at the conclusion of such appeal. 2 Certain of the rates and charges set forth within , as indicated by an "diamond" (.), are arbitrated rates taken from thepreviously arbitrated Interconnection, Resale and Unbundling Agreement between Verizon and AT&T Communications which was approved by the Commission in an Order dated December 12, 1996, in Docket Nos. 265.MA-102 and 2180-MA-100. Verizon has agreed to use and to incorporate herein such arbitrated rates subject to the following: The Parties expressly agree (1) that such arbitrated rates shall not be deemed to have beenvoluntarilyneg()tiated by the Parties andsuch arbitrated rates are not subject to interstate, MFN obligations under.Appendix D, Sections 31 and 32, of the MergerOrder, as set forth more fully in Section 37.2 of the General Terms and Col)ditions; and (2) that, for purposes of calculating ReciprocalCompensation, the arbitrated rates shall not apply to Internet Traffic, asset forth more fully in Section 7.2 ofthe hiterconnectiori Attachment. The foregoing shall riat, in any way, limit anyotherterm, conditionlimitation ar reservation of right in the Agreemerit that ,applies to rates including, but not limited to, Section 37 of theGeneral Terms and Conditions. The Parties further agree that the Commission s Order in Docket Nos. 265-MA-102 and2180-MA-1 00, to the extent such Order established the arbitrated rates, shall be deemed an "arbitration decisionassociated with this Agreement" under Section 37.1 of the General Terms and Conditions 3 All rates and charges specified herein are pertaining to the Interconnection Attachment Verizon ICA 154 II.Services Available for Resale The avoided cost discount for all Resale services is 13.50%4 Non-Recurring Charges (NRCs) for Resale Services Pre-ordering CLEC Account Establishment Per CLEC Customer Record Search Per Account Ordering and Provisioning Engineered Initial Service Order (ISO) - New Service Engineered Initial Service Order - As Specified Engineered Subsequent Service Order Non-Engineered Initial Service Order - New Service Non-Engineered Initial Service Order - Changeover Non-Engjineeredlnitial Service Order - As Specified Non-Engineered Subsequent Service Order Central Office Connect Outside Facility Connect Manual Ordering Charge Product Specific $273. $ 11. $311. $123. $ 59. $ 42. $ 21. $ 82. $ 19. $ 12. $ 68. $ 12. NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom Handling as listed in this Appendix, will be charged from the appropriate retail tariff. No discount applies to such NRCs. 4 In compliance with the FCC Order approving the Merger of GTE Corporation and Bell Atlantic (CC Docket No. 98-1840), Verizon will offer limited duration promotional discounts on resold residential exchange access lines. The terms and conditions on which these promotional discounts are being made available can be found on Verizon s web site, athttp://www.ate.comfwise for former GTE service areas and http://www.bell-atLcomfwholesalelhtmllresources.htm forformer Bell Atlantic service areas. Verizon ICA 155 Custom Handling Verizon ICA Service Order Expedite: Engineered Non-Engineered Coordinated Conversions: ISO Central Office Connection Outside Facility Connection Hot Coordinated Conversion First Hour: ISO Central Office Connection Outside Facility Connection Hot Coordinated Conversion per Additional Quarter Hour: ISO Central Office Connection Outside Facility Connection 156 $ 35:48 $ 12. $ 17. $ 10.$ 9. $ 30. $ 42. $ 38. 6:40 $ 10.$ 9. Application of NRCs Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time thatOneEighty orders any service from this Agreement. Customer Record Search applies when OneEighty requests a summary of the . services currently subscribed to by the end-user. Ordering and Provisioning: Engineered Initial Service Order - New Service applies per Local Service Request (LSR) when engineering work activity is required to complete the order g. digital loops. Non-Engineered Initial Service Order - New Service applies per LSR when no engineering work activity is required to complete the order, e.g. analog loops. Initial Service Order - As Specified (Engineered or Non-Engineered) applies onlyto Complex Services for services migrating from Verizon to OneEighty. Complex Services are services that require a data gathering form or has special instructions. Non-Engineered Initial Service Order - Changeover applies only to Basic Services for services migrating from Verizon to OneEighty. End-user service may remain the same or change. Central Office Connect applies in addition to the ISO when physical installation is required at the central office. Outside Facility Connect applies in addition to the ISO when incremental field work is required. Manual Ordering Charge applies to orders that require Verizon to manually enter OneEighty's order into Verizon s Secure Integrated Gateway System (SIGS), e. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite (Engineered or Non-Engineered) applies if OneEightyrequests service prior to the standard due date intervals. Coordinated Conversion aJi)pliesif OneEighty requests notification and coordination of service cut over prior to the service becoming effective. Hot Coordinated Conversion First Hour applies if OneEighty requests real-timecoordination of a service cut-over that takes one hour or less. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition totheHot Coordinated Conversion First Hour, for every 15-minute segment of real-time coordination of a service cut-over that takes more than one hour. Verizon ICA 157 III.Prices for Unbundled Network Elements Monthly Recurring Charges Local Loop 2 Wire Analog Loop (inclusive of NID) 4 Wire Analog Loop (inclusive of NID) 2 Wire Digital Loop (inclusive of NID) 4 Wire Digital Loop (inclusive of NID) DS-1 Loop DS-3 Loop $ 45.00* $ 67.00* $ 45.00* $ 67.00* $ 160.31* $ 320.38* Supplemental Features: ISDN-BRI Line Loop Extender DS1 Clear Channel Capability Sub-LoopSub-Loop 06* 26.00* Wire Feeder Wire Distribution Wire Feeder Wire Distribution Wire Drop Wire Drop Inside Wire Network Interface Device (leased separately) 16.01* 26.04* 31.27* 45.64* 57* 91* BFR Basic NID: Complex (12 x) NID 80* 90* Switching Port Basic Analog Line Side Port Coin Line Side Port ISDN BRI Digital Line Side Port DS-1 Digital Trunk Side Port ISDN PRI Digital Trunk Side Port $ 4.00*$ 7.64* 19.40* $ 70.10* $ 227.19* Usage Charges (must purchase Port) Local Central Office Switching (Overall Average MOU) Common Shared Transport Transport Facility (Average MOU/ALM) $ 0.0000021+ Transport Termination (Average MOUlTerm)$ 0.0001106+Tandem Switching (Average MOU) $ 0.0017134+ $ 0.0050687 + Terminating to Originating Ratio 00+ S In compliance with the FCC order appr~ving the merger of GTE CoTp0ration and Bell Atlantic (CC Docket No. 98-1840), Verizon will offer limited duration promotional discounts On residential UNE Loops and UNE Advance Services Loops. The terms and conditions on which these promotional discounts are being made available can be found on http://www.ate.comlwise for former GTE service areas and http:/twww.bell-atl.com/wholesale/htmVresources.htm forformer Bell Atlantic service areas. Verizon ICA 158 Dedicated Transport Facilities CLEC Dedicated Transport COT 2 Wire COT 4 Wire CDT DS1 CDT DS30pticalinterfaee CDT DS3 Electrical Interface $ 33.52* $ 53.63* $ 300.00* 312.50* 750.00* Interoffice Dedicated Transport I DT DSO Transport Facility per ALM lOT 0$0 Transport Termination lOT DS1 Transport Facility per ALM IDT DS1 Transport Termination IDT DS3 Transport Facility per ALM IDT DS3 Transport Termination $ . 13* $ 12.90*$ 1.91* $ 45.00* $ 25.15* $ 234.14* Multiplexing DS1 to Voice Multiplexing DS3 to DS1 Multiplexing DS1 Clear Channel Capability Unbundled Dark Fiber $ 194.78* $ 550.00* $ 26.00* Unbundled Dark Fiber Loops/Sub-Loops Dark Fiber Loop Dark Fiber Sub-Loop - Feeder Dark Fiber Sub-Loop - Distribution $ 67.13* $ 53.17* $ 13.96* Unbundled Dark Fiber Dedicated Transport Dark Fiber IDT -Facility Dark Fiber lOT -Termination $ 24.80*$ 6.34* Verizon ICA 159 UNE-P Pricing MRCs. The MRC for a UNE-P will generally be equal to the sum of the MRCs for the combined UNEs (e.g. the total of the UNE loop charge plus the UNE port charges in the Agreement (see Note A) plus: UNE local switching (per minute originating usage plus T/O factor to determine terminating minutes) based on UNE local switching rates in the Agreement plus UNE shared transport and tandem switching (based on factors for percent interoffice and tandem switch usage; plus assumed transport mileage of 10 miles and 2 terms) based on UNE shared transport rates in the Agreement plus UNE Vertical Services charges (optional per line charges, if allowed by the Agreement). (Note A): UNE platforms are available in four loop/port configurations as shown below. If the price for any component of these platforms is not set forth herein, Verizon will usethe ICB process to determine the appropriate price and TBD pricing shall apply. UNE Basic Analog Voice Grade Platform consists of the following components: UNE 2-wire Analog loop; and UNE Basic Analog Line Side port UNE ISDN BRI Platform consists of the following components: UNE 2-wire Digital loop; and UNE ISDN BRI Digital Line Side port UNE ISDN PRI Platform consists of the following components: UNE DS1 loop; and UNE ISDN PRI Digital Trunk Side port UNE DS1 Platform consists of the following components: UNE DS1 loop; and UNE DS1 Digital Trunk Side port NRCs Optional NRCs will apply as ordered by the CLECincluding such charges as Expedites Coordinated Conversions, loop Conditioning, etc. Operator Services and Directory Assistance Services (OS/DA). If OneEighty does not initially utilize available customized routing services to re-route OS/DA calls to its own or another party's operator services platform , Verizon will bill the CLEC for OS/DA calls at a market-based ICB rate pending OneEighty's completion of a separate OS/DA agreement. Verizon ICA 160 NON-RECURRING CHARGES-LOOP, PORT AND NID P re-o rdering CLEC Account Establishment Per CLEC Customer Record Search $ 166.32 *$ 4.21 * Ordering and ProvisiOning Loop: Engineered Initial Service Order (ISO) Non-Engineered ISO Central Office Connection Outside Facility Connection (See Note 1) $ 294.07* $ 49.31* 12.21* $ 68.30* NID: ISO Outside Facility Connection 33.38* 42.69* Port: ISO Subsequent Service Order Central Office Connection 50.46 * 25.67* 12.21 * Custom Handling Manual Ordering Charge 12.17* Service Order Expedite: Engineered Loop LSRs All Other LSRs $ 25.80*$ 3.36* Coordinated Conversions: ISO Central Office Connection Outside Facility Connection $ 17.76* $ 10.71*$ 9.59* Hot Coordinated Conversion First Hour: ISO Central Office Connection Outside Facility Connection $ 30.55* $ 42.83* $ 38.34* Hot Coordinated Conversion per Additional Quarter Hour: ISO Central Office Connection Outside Facility Connection 6.40* $ 10.71*$ 9.59* Note 1: The Outside Loop Facility Charge will apply when field work is required for establishment of a new unbundled loop service. Verizon ICA 161 NON-RECURRING CHARGES - OTHER UNE' ~~J~)~~ ~~,~~; ii'ii;~~~~~i"'J~~~~~lt_Jt'l;.~ri~~fH&~~:;t," c, ";"'~' Wff';('i!";F:;' Exchange - FDI Feeder Interconnection- Initial Exchange - FDI Feeder Interconnection - Subsequent Exchange - FDI Distribution Interconnection -Initial Exchange - FDI Distribution Interconnection - Subsequent Exchange - Serving Terminal Interconnection - Initial Exchange - Serving Terminal Interconnection - Subsequent $ 36.$ 26.$ 46.$ 24. $ 15.$ 11.$ 16. $ 36.$ 26.$ 61.$ 30. $ 15.$ 11.$ 16. $ 36.$ 26.$ 28.$ 15. $ 15.$ 11.$ 13. ....e;".Mm'iCfti'~. .;'" ".. 0"". .", " .0 ' ,," 0""~~~1Ii~~, ' " " :~;~~r~~'f;~t;;~'Vi:\:::':::';;:;HY" , " Advanced - Service Inquiry Charge Advanced - Interoffice Dedicated Transport - Initial Advanced - Unbundled Loop - Initial Advanced - Sub-Loop Feeder - Initial Advanced - Sub-Loop Distribution - Initial $405.$405.N/A N/A $ 64.$ 64.$267.$224. $ 64.$ 64.$261.$220.43 $ 64.$ 64.$261.$220.43 $ 64.$ 64.$264.$216. d~~\J:c:,~CJ::\: .. '" --":;~~~~~~~;!':~,.::~;.,:::::_:~::"~"";""":::;:::~:':' :5',:i'i. ::~:,",::;~:"::;;:;:;" ", ' ' Advanced - Basic - Initial Advanced - Basic - Subsequent DSO - Initial DSO - Subsequent DS1/DS3 - Initial DS1/DS3 - Subsequent $ 88.$ 56.$397.N/A $ 38.$ 21.$ 49.N/A $ 88.$ 56.$482.N/A $ 38.$ 21.N/A $ 97.$65.$384.N/A $ 38.$ 21.N/A Loop Conditioning - Bridged Tap Loop Conditioning - Load Coils Loop Conditioning - Load Coils / Bridged Tap N/A N/A N/A N/A N/A N/A $318. $249. $568. $ 34. $ 34. These charges are interim and subject to retroactive true-up back to the Effective Date of this Agreement. Verizon ICA 162 Exchange - Basic - Initial 31.22.$ 28.26.Exchange - Basic - Subsequent 16.13.exChange ~ Basic - Changeover 19.15.Exchange - Complex Non~Digital - Initial $ 41.27.$162.41 31.Exchange - Complex Non-Digital - Subsequent (Port Feature)16.13.Exchange - Complex Non-Di~ital - Subsequent (Switch 20.13.22.22.Feature Group) Exchange - Complex Non-Digital - Chang~over (As Is)22.17.Exchange - Complex Non-Dig,ital - Changeover (As Specified)$ 30.21.20.Exchange - Complex Digital- Initial $ 41.27.$205.28.Exchange - Complex Digital - Subsequent (Port Feature)16.13.exchange - Complex Digital' ~Subsequent (Switch Feature 20.13;26 $22;22.Group) Exchange - Complex Digital -Changeover (As Is)22.17.Exchange - Complex Digital - Changeover (As Specified)30.21.80.Advanced - Complex - Initial 48.34.$681.$303.Advanced -Complex - Subsequent 20.13.65.48.47Advanced - Complex - Changeover (As Is)24.19.51.34.Advanced - Complex - Changeover (As Specified)37.28.82.64. ~:~~~=~~~ .;:~::: Advaflced - Basic- Initial $ 95.49 $ 63.01 $428.58 N/AAdvanced - Basic - Subsequent $ 45.12 $ 28.77 $ 58.20 N/AAdvanced - Complex - Initial $105;Q4 $ 72.56 $584.49 N/AAdvanced - Complex - Subsequent $ 45.12 $ 28.77 $ 86.80 N/A Verizon ICA 163 Facilities and Trunks - Initial $237. Facilities and Trunks - Subsequent (with Engineering Review) $ 71. Facilities and Trunks - Subsequent (w/o Engineering Review) $ 71.Trunks Only - Initial $126. Trunks Only - Subsequent (with Engineering Review) $ 49.46 Trunks Only - Subsequent (w/o Eng,ineering Review) $49.46STP Ports (SS7 Links) $237. Entrance Facility/Dedicated Transport DSO - Initial $ 95.49Entrance Facility/Dedicated Transport DSO - Subsequent $ 45. Entrance FacilitylDedicated Trans!1)ortDS1fDS3- Initial $105. Entrance FacilitylDedicated Transport DS1/DS3 - Subsequent $ 45. $205. $ 55. $ 55. $ 93. $ 33. $ 33. $205. $ 63. $28. $ 72. $ 28. $568. $213. $ 67. $50504 1 $202. $ 67. $438;81 $390. $58. $515. $ 86. N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A ;~_~f~~'td~f: . " AJ_i_~_!f:~~~~~~~~~*' ~~~ , ":i,Bit~W,;~Jtw~'j1, ~~~ ~~l\f\~# : : ~:; f(~:il~7~~~;: if' jji,~i~ ~;'iI_I~~t_--~~ii1ff'.J'.j!W' ;:, " ;" iX/!f\; . \. :\ , '" f~; Wj;~;;i~ir; Exchange Products Advanced Products $ 3. $ 25. ~~i); '~~;' ~!Wk"'~:' Customer Record Search (per acc::ount) CLEC Account Establishment (per CLEC) $ 4. $166. $ 3. $ 25. $166. N/A N/A N/A N/A N/A N/A N/A N/A ~JIIIfI~Jfljfwl.'h41f~tl~'~j~friff;~8ti~bJ#l,~~~0it_iit_~~~~~; ' ,;': !H!~:':!0"rkii.i ;j;?i j~~~; CLEC Splitter Connection - Initial CLEC Splitter Connection - Subsequent $ 32. $ 13. Verizon ICA 164 $ 22.$ 9.$ 53. $ 14.49 $ 47. $ 13. Application of NRCs Preordering: CLEC Account Establishment is a one-time charge applied the first time that OneEighty orders any service from this Agreement. Customer Record Search applies when OneEighty requests a summary of the services currently subscribed to by the end-user. Ordering and Provisioning: Initial Service Order (ISO) applies to each Local Service Request (LSR) and Access Service Request (ASR) for new service. Charge is Manual (e.g. for afaxed order) or Semi,.Mecbanized(e.foranelectronicaUy transmitted order) based upon the method of submission used by the CLEC. Subsequent ServiceOrcierapplies to each LSR/ASR for modifications to existing service. ChargeisM'anual or Semi-Mechanized based upon the method of submission used by the CLEC. Advanced ISO applies per LSRlASR when engineering work activity is required to complete the order. Exchange ISO applies per LSRlASR when no engineering work activity is required to complete the order. Provisioning - Initial Unit applies per ISO for the first unit installed. The Additional Unit applies for each additional unit installed on the same ISO. Basic Provisioning applies to services that can be provisioned using standard network components maintained in inventory without specialized instructions for switch translations, routing, and service arrangements. Complex Provisioning applies to services that require special instruction for the provisioning of the service to meet the customer's needs. Examples of services and their Ordering/Provisioning category that applies: Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Sub-Loop DistributionStandard Sub-Loop Feeder, Drop and NID. Exchange-Complex: Non-loaded Sub-Loop Distribution, Non-load Sub-LoopFeeder, Loop Conditioning, Customized Routing, ISDN BRI Digital Line Side Port and Line Sharing. Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber, EELs, and ISDN PRIDigital Trunk Side Port Conditioning applies in addition to the ISO, for each Loop or Sub-Loop UNE forthe installation and grooming of Conditioning requests. Verizon ICA 165 DS1 Clear Channel Capability applies in addition to the ISO, per DS1 for theinstallation and grooming of DS1 Clear Channel Capability requests. Changeover Charge applies to UNE-P and EEL orders when an existing retail resale, or special access service is already in place. Service Inquiry - Dark Fiber applies per service inquiry when a CLEC requests Verizon to determine the availability of dark fiber on a specific route. Custom Handling (These NRCs are in additiOn to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if OneEighty requests service prior to the standard due date interva'is and the expedite request can be met by Verizon. Coordinated Conversion applies if OneEighty requests notification and coordination of service cut-over prior to the service becoming effective. Hot Coordinated Conversion First Hour applies if OneEighty requests real-time coordination of a service cut-over that takes one houror less. Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot Coordinated Conversion' First Hour forevery 15..minute segment of real- time coordination of a service cut-over that takes more than one hour. Verizon ICA 166 IV.Rates and Charges for 911 TBD Verizon ICA 167 Fiber Optic Patchcord Cross Connect Non-Recurrin Prices 1 Fiber Optic Patch Cord PulllTerm. - Engineering 2 Fiber Optic Patch Cord Material Charge 3 Fiber Optic Patch Cord Pull 4 Fiber Optical Patch Cord Termination per project per cable run per cable run per termination NRC NRC NRC NRC $76. $810. $207. $1. Monthl Recurrin Prices Facility Termination - Fiber Optic Patch Cord 6 Fiber Optic Patch Cord Duct Space per connector per cable MRC MRC $1. $0. Non-Recurring Charges Non-recurring charges are one-time charges that apply for specific work activity. Non-recurring charges for the Fiber Optic Patchcord Cross Connect are due and payable upon delivery to the CLEC. Fiber Optic Patchcord PulllTermination - Enaineerina.The Fiber Optic Patchcord PulllTermination - Engineering Charge is to recover the engineering costs incurred per project for the pull and termination of a fiber optic patchcord from the CLECs collocation arrangement to Verizon s Fiber Distribution Panel (FDP). Fiber Optic Patchcord Pull.The Fiber Optic Patchcord Pull Charge is applied per fiber run and recovers the labor cost of placing the fiber from the collocation arrangement to Verizon s FDP. Fiber Optic Patch cord Termination. The Fiber Optic Patchcord Termination Charge is applied per fiber connector termination and recovers the labor cost to terminate the fiber connection. Fiber Optic Patchcord Material Charae. The CLEC has the option of providing its own fiber optic patchcord or Verizon may, at the request of the CLEC, provide the necessary fiber optic patchcord cables in exchange for the Fiber Optic Patch cord Material Charge. The Fiber Optic Patch cord Material Charge is applied on a per fiber cable basis to recover the material cost of a 24 fiber pair cable. Monthly Recurring Charges The following are monthly charges that apply each month or fraction thereof that the Fiber Optic Patchcord Cross Connect arrangement is provided. Facility Termination - Fiber Optic Patchcord.The Facility Termination - Fiber Optic PatchcordCharge is applied per FDP port into which the fiber cable is connected. This charge recovers the labor and material cost of the FDP per port. Verizon ICA 168 Fiber Optic Patchcord Duct Space. The Fiber Optic Patchcord Duct Space rate element isapplied per fiber cablean€lrrecevers thecostfer the central office fiber duct space occupied bythe fiber optic patchcord. Verizon ICA 169 APPENDIX A TO THE COLLOCATION ATTACHMENT IDAHO COLLOCATION RATES Non-Recurring Prices Engineering Costs Engineering/Major Augment Fee Minor Augment Fee Access Card Administration (New/Replacement) Cage Grounding Bar DC Power per occurrence NRC 129. per occurrence NRC 200. per card NRC 22. per bar NRC 1,437. per 40 amps NRC 731. per amp NRC Overhead Superstructure per project NRC 440.Facility Cable or Fiber Optic Patchcord PulllTermination Engineering per project NRC 76.Facility Cable Pull per cable run NRC 211.Fiber Optic Patchcord Pull per cable run NRC 207. DSO Cable Termination per 100 pair NRC DS1 Cable Termination per 28 pair NRC DS3 Coaxial Cable Termination (Preconnectorized)per termination NRCDS3 Coaxial Cable Termination (Unconnectorized)per termination NRC 11.Fiber Optic Patchcord Termination per termination NRCFiber Cable Pull Engineering per project NRC 607. Place Innerduct per lin ft NRCPull Cable per lin ft NRC Cable Fire Retardant per occurrence NRC 42.Fiber Cable Splice Engineering per project NRC 31.Splice Cable per fiber NRC 70.BITS Timing per project NRC 307. Monthly RecurrinQ Prices Caged Floor Space including Shared Access Area DC Power per sq ft per 40 amps per amp per request per 40 amps per amp Building Modification Environmental Conditioning Facility Termination DSO DS1 DS3 Fiber Optic Patchcord Cable Rack Space - Metallic Cable Rack Space - Fiber Fiber Optic Patchcord Duct Space per 100 pr per 28 pr per DS3 per connector per cable run per innerduct ft per cable run Verizon ICA 170 MRC MRC MRC MRC MRC MRC 592. 201. 92. MRC MRC MRC MRC MRC MRC MRC 16. 11. Elements Manhole Space Fiber Subduct Space - Fiber Cable Vault Splice Fiber Cable - 48 Fiber Material Space Utilization in Vault Fiber Cable - 96 Fiber Material Space Utilization in Vault BITS Timing per splice MRC 10.per subduct MRC per splice MRC 27.per subduct MRC per occurrence MRC 11. Verizon ICA 171 Non-Recurrin Prices Engineering Costs Engineering/Major Augment Fee per occurrence NRC 129.Minor Augment Fee per occurrence NRC 200.Access Card Administration (New/Replacement)per card NRC 22.DC Power per 40 amps NRC 731. per amp NRCOverhead Superstructure per project NRC 440.Facility Cable or Fiber Optic Patchcord PulllTermination Engineering per project NRC 76. Facility Pull per cable run NRC 211.Fiber Optic Patch cord Pull per cable run NRC 207.DSO Cable Termination per 100 pair NRCDS1 Cable Termination per 28 pair NRC DS3 Coaxial Cable Termination per termination NRC(Preconnectorized) DS3 Coaxial Cable Termination per termination NRC 11.(Unconnectorized) Fiber Optic Patchcord Termination per termination NRCFiber Cable Pull Engineering per project NRC 607.Place Innerduct per lin ft NRCPull Cable per lin ft NRC Cable Fire Retardant per occurrence NRC 42.Fiber Cable Splice EngIneering per project NRC 31.Splice Cable per fiber NRC 70.BITS Timing per project NRC 307. Monthl Recurrin Prices Relay Rack Floor Space per lin ft MRC 20.DC Power per 40 amps MRC 592. per amp MRCBuilding Modification per request MRC 201.Environmental Conditioning per 40 amps MRC 92. per amp MRCFacility Termination DSO per 100 pr MRCDS1per 28 pr MRC 16.DS3 per DS3 MRC 11.Fiber Optic Patchcord per connector MRCCable Rack Space - Metallic per cable run MRCCable Rack Space - Fiber per innerduct ft MRCFiber Optic Patchcord Duct Space per cable run MRCManhole Space - Fiber per project MRCSubduct Space - Fiber per lin ft MRC Verizon ICA 172 Cable Vault Splice Fiber Cable - 48 Fiber Material Space Utilization in Vault Fiber Cable - 96 Fiber Material Space Utilization in Vault BITS Timing per splice MRC 10.per subduct MRC per splice MRC 27.per subduct MRC per occurrence MRC 11. Verizon ICA 173 Non-Recurrina Prices Engineering Fee Fiber Cable Pull Engineering Place Innerduct Pull Cable Cable Fire Retardant Metallic Cable Pull Engineering Pull Cable Cable Fire Retardant Cable Splice Engineering Metallic Cable Splicing (greater than 200 pair) Metallic Cable Splicing (200 pair or less) Fiber Cable Splicing (48 fiber cable or less) Fiber Cable Splicing (greater than 48 fiber) Facility Pull Engineering Facility Pull Facility Termination DSO Cable Connectorized Unconnectorized DS1 Cable Connectorized Unconnectorized DS3 (Coaxial) Cable Connectorized Unconnectorized Fiber BITS Timing Monthly Recurrina Prices Cable Space Subduct Space Manhole Subduct Conduit Space - 4" Duct - Metallic Cable Manhole Conduit Facility Termination DSO DS1 DS3 Verizon ICA per occurrence NRC $958. per project NRC 607. 11in ft NRC 1 lin ft NRC per occurrence NRC 42. per project NRC 607. 1 lin ft NRC per occurrence NRC 42. per project NRC 31. per DSO/DS1 pair NRC per DSO/DS1 pair NRC per fiber NRC 70. per fiber NRC 65. per project NRC 76. 1 lin ft NRC per 100 pr NRC per 100 pr NRC 42. per 28 pr NRC per 28 pr NRC 32. per DS3 NRC per DS3 NRC 11. per fiber term NRC 70. per project NRC 307. per project MRC 1 lin ft MRC per conduit MRC 12. 1 lin ft MRC per 100 pr MRC per 28 pr MRC 16. per coaxial MRC 11. 174 Cable Vault Space Metallic DSO Cable -1200 Pair Material Space Utilization Metallic DSO Cable - 900 Pair Material Space Utilization Metallic DSO Cable - 600 Pair Material Space Utilization Metallic DSO Cable -100 Pair Material Space Utilization Fiber Cable - 48 fiber Material Space Utilization Fiber Cable - 96 fiber Material Space Utilization Cable Rack Space Metallic DSO Metallic DS1 Fiber Coaxial BITS Timing per splice MRC 464.per cable MRC per splice MRC 340.per cable MRC per splice MRC 226. per cable MRC per splice MRC 47. per cable MRC per splice MRC 10.per subduct MRC per splice MRC 27.per subduct MRC 1 lin ft MRC 1 lin ft MRC per innerduct ft MRC 1 lin ft MRC per occurrence MRC 11. Verizon ICA 175 Facility Cable or Fiber Optic Patchcord PulllTerminationEngineering per projectFacility Cable Pull per cable runFiber Optic Patchcord Pull per cable runDSO Cable Termination per 100 pairDS1 Cable Termination per 28 pairDS3 Coaxial Cable Termination per termination (Preconnectorized) DS3 Coaxial Cable Termination (Unconnectorized) Fiber Optic Patchcord Termination Fiber Cable Pull Engineering Place Innerduct Pull Cable Cable Fire Retardant Fiber Cable Splice Engineering Splice Cable BITS Timing Non-Recurrina Prices Engineering Costs Engineering/Major Augment Fee Equipment Installation Software Upgrades Card Installation DC Power Monthlv Recurrina Prices Equipment Maintenance DC Power Environmental Conditioning Facility Termination DSO DS1 DS3 Fiber Optic Patchcord Cable Rack Space - Metallic Cable Rack Space - Fiber Fiber Optic Patchcord Duct Space Manhole Space - Fiber Subduct Space - Fiber Cable Vault Splice Fiber Cable - 48 Fiber Verizon ICA 176 per occurrence per quarter rack per base unit per card per 40 amps per amp NRC 557. NRC 3,474. NRC 96. NRC 222. NRC 731. NRC NRC 76. NRC 211. NRC 207. NRC NRC NRC NRC 11. NRC NRC 607. NRC NRC NRC 42. NRC 31. NRC 70. NRC 307. per termination per termination per project per !in ft per !in ft per occurrence per project per fiber per project per quarter rack MRC 82. per 40 amps MRC 592. per amp MRC per 40 amps MRC 92. per amp MRC per 100 pr MRC per 28 pr MRC 16. per DS3 MRC 11. per connector MRC per cable run MRC per innerduct ft MRC per cable run MRC per project MRC per !in ft MRC MaterIal Space Utilization in Vault Fiber Cable - 96 Fiber Material Space Utilization in Vault BITS Timing Verizon ICA per splice per subduct per occurrence MRC MRC MRC 27. 11. 177 Elements Non-Recurrina Prices Augment Fee Facility Pull Engineering Labor Building Penetration for Microwave Cable Special Work for Microwave per occurrence NRC 998. per project NRC 76. per linear ft NRC per occurrence NRC ICB per occurrence NRC ICB Monthly Recurring Prices Rooftop Space per sq ft MRC Verizon ICA 178 Non-Recurrina Prices DSO Service Order -' Sel'rli-'Mechanized Service Order - Manual Service Connection -CO Wiring Service Connection - Provisioning per order NRC 21.per order NRC 38. per jumper NRC per order NRC 64. per order NRC 21. per order NRC 38. per jumper NRC 17. per order NRC 78. ICB DS1/DS3/Dark Fiber Service Order - Semi-Mechanized Service Order - Manual Service Connection - CO Wiring Service Connection - Provisioning Lit Fiber Verizon ICA 179 Labor: Overtime Installation Labor Overtime Repair Labor Additional Installation Testing Labor Standby Labor Testing & Maintenance with Other Telcos, Labor Other Labor Labor Rates: Basic Time, Business Day, Per Technician First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Overtime, Outside the Business Day First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Prem.Time Outside Business Day, Per Tech First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Cable Material Facility Cable-DSO Cable (Connectorized) 100 pair Facility Cable-DS1 Cable (Connectorized) Facility Cable-DS3 Coaxial Cable Facility Cable-Shielded Cable (Orange Jacket) Fiber Optic Patchcord - 24 Fiber (Connectorized) Power Cable-Wire Power 1/0 Power Cable-Wire Power 2/0 Power Cable-Wire Power 3/0 Power Cable-Wire Power 4/0 Power Cable-Wire Power 350 MCM Power Cable-Wire Power 500 MCM Power Cable-Wire Power 750 MCM Facility Cable - Category 5 Connectorized Collocation Space Report Verizon ICA 180 per rates below per rates below per rates below per rates below per rates below per rates below NRC $42. NRC 21.41 NRC 100. NRC 75. NRC 150. NRC 125. per cable run NRC 324. per cable run NRC 301. per cable run NRC 82. per cable run NRC 34. per cable run NRC 810. per cable run NRC 91. per cable run NRC 132. per cable run NRC 146. per cable run NRC 180. per cable run NRC 307. per cable run NRC 428. per cable run NRC 658. per linear ft NRC per premise NRC 218. DESCRIPTION AND APPUCATION OF RATE ELEMENTS Non-Recurring Charges The following are non-recurring charges (one..time charges) that apply for specific work activity: Enaineerina/MaiorAuament Fe.. Th~Et1g,.ineering/Major Augment Fee applies for each initial Caged, Cagel~, Virtual, orMicrowa~ecollocationrequest and major augment requests for existing Gaged , CageJess, and Virtualoallocationarrangernents. This charge recovers the costs of the initial walkthrough to determine if there is sufficient collocation space, the best location forthe collocation area, what building modifications are necessary to provide collocation, and ifsufficient DC powerfacilitiesexist in the premises to accommodate collocation. This fee alsoincludes the total time for the BuildingServi~s Engineer and the time for the Outside Plant andCentral Office Engineers to attend status meetings. Enaineerina/Mai.or Auarnenl:. Fee (MicrowaveJ)nb/J. Th.Eng,ineering!Major Augment Fee for Microwave Collocation applies when an,e~isting Caged and CagelesScoUocation arrangement is augmented with newly installed microw~veantenJ)aeandother exterior facilities. This charge recovers the costs of the initial walkthrough to determine if there is sufficient space, the bestlocation for the microwave antennae and other exterior facilities, what building modifications are necessary, if any, and if sufficient support facilities exist in the premises to accommodate the microwave antennae and other exterior facilities. This fee also includes the total time for the Building Services Engineerto coordinate the entire project Minor Auament Fee. The Minor Augment Fee applies for each minor augment request of anExisting Caged, Cageless, Virtual, or Microwave collocation arrangement that does not require additional AC or DC power systems, HVACsystem u~rades, or additional cage space. Minoraugments are those requests that require the Company to perform a Service or function on behalf of the CLEC including, but not limited to: installation of Virtual equipment cards or software upgrades, removal of VirtuaL equipment, requests to pull cable from exterior microwave facilities and requests to terminate DSO, DS1 and DS3 cables. AccessCardAdministration,The Access Card Admini:$tration rate covers activities associated with the issuance and management of premises access cards. The rate is applied on a per card basis. CaaeGroundina Bar.The Cage Grounding Bar rate recovers the material and labor costs to provision aground bar, including necessary ground wire, in the collocator's cage. BITS Timina. The non..recurring charge for BITS Timing includes engineering, materials, andlabor costs to wire a BITS port to the CLEC'sequipmentlf reqliJested, it is applied on a perproject basis. OverheadSuDerstructure. The Overhead Superstructure charge is applied for each initial caged and cageless collocation application. The Overhead Superstructure charge is designed to recover Verizon .g engineering, material , and installation costs for extending dedicated overhead superstructure. Facility Cable or Fiber Optic Patch cord PulllTermination-Enaineerina. The Facility Cable or FiberOptic Patch cord PulllTermination-Engineering charge is applied per project to recover theeng,ineeringcosts of pulling and terminating ,the interconnection wire (cable or fiber patchcord)from the collocationcag.e or relay rack to the Mai'n Distribution Frame block, D$X panel, or fiberdistribution panel. The charge would also apply perprojectto recover the engineering costs of Verizon ICA 181 pulling transmission cable from microwave antennae facilities on the rooftop to the collocation cage or relay rack. Facility Pull.The Facility Pull charge is applied per cable run and recovers the labor cost of pulling metallic cable or fiber optic patchcord from the collocation cage or relay rack to the Main Distribution Frame block, DSXpanel, or fiber distribution panel. Cable Termination . The Cable TerminatiohchargeisappHed per cable or fiber opticpatchcordterminated and is designed to recover the labor cost ofterminatingtransmission cable or fiber optic patch cord from the collocation cage or relay rack to the Main Distribution Frame block, DSXpanel, or fiber distribution panel. Fiber Cable Pull-EnGineerinG.The Fiber Cable Pull-'Engineeringcharge is applied per project to cover the engineering costs for pulHngthe CLEC's fiber cable, when necessary, into VerizOh' central office. Fiber Cable Pull-Place Innerduct The Fiber Cable Pull-Placelnnerduct charge is applied per linear foot to cover the cost of placing innerduct. Innerductis the split plastic duct placed from the cable vault to the CLEC's equipment area through which the CLEC's fiber cable is pulled. Fiber Cable Pull~Labor.This charge is applied per linear foot and covers the labor costs of pulling the CLEC'sfiber cable into Verizon s central office. Fiber Cable Pull-Fire Retardant.This charge is associated with the filling of space around cables extending through walls and between floors with a non-flammable material to prevent fire from spreading from one room or floor to another. Fiber Ootic PatchC0rd Termination.The Fiber Optic Patchcord Tertnination is applied per fiber cable termination and recovers the labor cost to terminate the fiber opticpatchcord cable. Fiber Solice-Enaineerina.The FiberSplic&-Engineering charge is applied per project and covers the engineering costs for fiber cable splicing prOjects. Fiber Solice. The Fiber Splice charge'is applied per fiber cable spliced and recovers the labor cost associated with the splicing. DC Power.The DC Power Charge is applied per 40 load amps requested for each caged cageless, and virtual collocation application. This NRC recovers Verizon s engineering, materialand installation costs for providing and terminating DC power runs to the collocation area. Cable Material CharGes. The CLEC has the option of providing its own cable or Verizon may, at the CLEC's request, provide the necessary transmission and power cables. If Verizon providesthese cables, the applicable Cable Material Charge will be charged. Adjacent EnGineerina Fee.The Adjacent Engineering Fee provides for the initial activities of the Central Office Equipment Engineer, LaAd & BUrlding Engineer and the Outside Plant Engineerassociated with determining the capabilities 0fprovidin~Adjacent On~Site collocation. The laborcharges are for an on-site visit, preliminary investigation of the manhole/conduit systems, wirecenter and property, and contacting other agencies that could impact the provisioning of adjacent collocation. Adjacent Fiber Cable Pullo;EnQineerina . The AGjacent Fiber Cable Pull-:Engineeringfee provides for engineering associated with pulHng the CLEC's fiber cable in an adjacent collocation arrangement. The Adjacent Fiber Cable Pun~Engine'eringcnargeincludes the time incurred Verizon ICA 182 the Outside Plant Engineer on the project to determine the conduit/subduct assignment andassociated outside plant activity to complete the work. Adjacent Fiber Cable Bull"'Place Innerd,uct.This NRC covers the cost for placing innerduct, ifrequired for adjacent collocation, which is the split plastic duct placed from the cable vault to the CLEC'sequipment area through which the CLEC's fiber is pulled. Adiacel':ttFiber Cable PuJbLabor. This charge covers, the labor costs for pulling CLEC fiber cable for an adjacent collocation arrangement. Refer to Adjacent Fiber Cable Pull-Engineering above. Adiacent.,.CableFireRetardant.This ch,arge is associated with the filling of space around cables extending through walls and between floors with a non-flammable material to prevent fire from spreading from one room or floor to another. Adjacent MetaHicCablePull.,.Enaineerina. ThisNRC covers the engineering costs of pullingmetallic cable for Adjacentcollocation intoVerizon s wire center. For Adjacent collocation, themetallic cable will be spliced in the cable vault to a stubbed connector located on the vertical side of the main distribution frame to pr0videproperprotection for centraloffiGe equipment. AdiacentMetallic Cable PuLkLabar.Thischa.rge covers the labor costs 'of pulling metallic cable for Adjacent collocation intoVerizon s wire center. Adjacent Cable Splice-EnGineerinG.This charge covers the outside plant engineering costs for cable splice prajectsassociated with an adjacent coHocationarrangement. Adiacent DS1/DSO Cable Splice-Greater Th'ah200 Pair. This charge is for the labor to splice metallic cables and is based on a per pair spliced. Adjacent DS1/DSO Cable Solice'-Less Than 200 Pair.This charge is for the labor to splice metallic cables and is based on a per pair spliced. Adjacent Fiber Cable Splice. This charge covers the labor to splice fiber cables and is based on a per fiber spliced. Adjacent Facilitv Pull-EnGineerinG. This charge covers the engineering cost associated with the interconnection wire (cable) from the main distribution frame connector to a termination block or DSX panel. Adjacent Facilitv Pull-Labor.This charge covers the labor of running the interconnection wire (cable ) from the main distribution frame connec1orto a termination block or DSX panel. Adjacent DSO Cable Termination (ConnectorizedVAdiacentDSO Cab1e Termination (Unconnectorizedt These charges cover the labor to terminate these types of interconnection wire (ca'ble) for adjacent coHocation tothemairl'distributionframe block or DSX panel. Adjacent DS1 Cable Termination (ConnectorizedVAdjacent DS1 Cable Termination (Unconnectorized).These charges cover the labor of terminating these types of interconnection wire (cabh9) for adjacentcdllbcation to the main distr'ibutionframeblock or DSX panel. Adjacent DS3 Coaxial Cable Termination (Preconnectorized) /Adjacent.These charges cover thelabor of terminating this type of interconnection wire (cable) for adjacent collocation to the main distribution frame block or DSX panel. Verizon ICA 183 Adjacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable foradjacent collocation to the main distribution frame block or DSX panel. Collocation Space Report. When requested by a CLEC, Verizon wiUsubmit a reportthat indicates Verizon s available collocation space in a particular premise. The report will be issued within ten calendar days of the request. The report will specify the amount of collocation space available at each requested premise, the number of collocators, and any modifications in the useof the space since the last report. The report will also include measures that Verizon is taking to make additional space available for colloCation. Miscellaneous Services Labor.Additional labor, if required., to complete a collocation requestorperform inventory services for CLECs. Facility Pull (Microwave Onlv). The Facility Pull charge is applied per linear foot and recovers the labor cost of pulling transmission cable from the microwave antennae and other exterior facilities on the rooftop to the transmission equipment in the cOllocation cage or relay rack. Buildina Penetrati.on for Microwave Cable. The reasenabJecosts to penetrate buildings for microwave cable to connect microwave antennae facilities and other exterior facilities to the tral'1smission equipment in the collocation cage or relay rack willbed~termin~d and applied on an individual case basis, where technically feasible, as determined by the initial and subsequentEngineering surveys. Special Work for Microwave. The costs incurred by Verizonfor installation of CLEC's microwaveantennae and other exterior facilities that are not recovered via other microwave rate elements will be determined and applied on an individuaIcas~basis. Virtual Eauipment Installation. The Virtual Equipment Installation charge is applied on a per quarter rack (or quarter bay) basis and recovers the co~ts. incurred by Verizon for engineering and installation of the virtual collocation equipment. This. charge wdOld apply to the installation of powered equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, 0C240C48, and NGDLC. This charge does not apply for the installation of splitters. Virtual Software Uparade. The Virtual Software Upgrade charge is applied per base unit when Verizon, upon CLEC request, installs software to upgrade equipment for an existing VirtualCollocation arrangement Virtual Card Installation. The Virtual Card Installation charge is applied per card when Verizon uponCLEC request, installs additional cards for an existing Virtual Collocation arrangement. Dedicated Transit Service (DTS) Service Order Charge. Applied per DTS order to the requesting CLEC for recovery of DTS order placement and issuance costs. The manual charge applies when the semi-mechanized orderinginterface is' not used. Dedicated Transit Service (DTS) - Service Connection CO Wiring. Applied per DTS circuit to therequesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DSO, DS1 , DS3and dark fiber circuits. Dedicated Transit Service (DTS) - Service Connection Provisioning. Applied per DTS order to the request CLEC for recovery of circuit design and labor costs associated with the provisioning of DSO DS1 , DS3, and dark fiber circuits for DTS. Verizon ICA 184 Monthly Recurring Charges The following are monthly charges. Monthly charges apply each month or fraction thereof that Collocation Service is provided. Caaed Floor Space. Caged Floor Space is the cost per square foot to provide environmentally conditioned caged fIoorspaeetothe.CLEG.IZJ:1vjronmenta;lIyconditioned space is that which hasproperhumidiflcatio.nandtemperatwfe controls to house telecommunications equipment. The cost includes only that which relates directly to the land and building space itself. RelayRack Floor SDace~The Relay Rack Floor Spaceeharg,eprovid~ for the environmentallyconditioned floor space that a relay rack occulDies based on linear feet. The standardized relayrack floor space depth is based on half the aisle area in front and back of the rack, and the depthofthe equipment that will be placed within the rack, Cable Subduct Space-Manhole.This charge applies per project per month and covers the cost of the space that the outside plant fiber occupies within the manhole. Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the outside plant fiber occupies and applies on a per linear foot basis. Fiber Cable Vault Splice. The FieerOableVault Splice charge appli~ per subduct or per splice and covers the space and material cost associated with the CLEC'sfiber cable splice within Verizon s cable vault. Cable RackSeace-Metallic. The Cable$pace"'Metallic charge is applied for each DSO, DS1 and DS3 cable run. The charge is designed to recover the space utilization cost that the CLEC' metallic and coaxial cable occupies within Verizon. Cable Rack So.ace-Fiber.The Cable Rack Spac&-Fiber charge recovers the space utilization cost that the CLEC's fiber cable occupies within Verizon s cable rack system. Fiber Optic Patch cord Duct Sp.ace . , The Fiber Optic Duct .space rate element is applied' per cable run and recovers the cost for the central office duct spaceotcupiedby the frber optic patch cord cable. DC Power.The DC PoWer monthly charge is applied on a per 40 10adamJj basis. This charge is designed to recover the monthly facilfty ana utility expense to power the Collocation equipment. Facility Termination. This charge is ClPpli~d per cabl~ terminated. This charge is designed to recover the labor and material costs 6fthe~I?pliisblemaih dIstribution frame 'tOO pair circuitblock, DSX facility termination panel, or-fiber distribution panel. BITS Timina. The BIT$ Tirning montj1ly charge isde~igned to recover equipment and installatIoncost to provide synchronized timing for electronic communications equipment. This rate is basedon a per port cost. Buildina Modification. The Building Modification monthly charge is applied to each caged and cageless arrangement and is associated with provisioning the following items in Verizon premises: security, dust partition , ventilation ducts, demolition/site work, lighting, outlets, andgrounding equipment. Environmental Conditioning. The Environmental Conditioning charge is applied to each cagedcageless, and virtual arrangement on a per 40 amp increment based on the CLEC's DC Power Verizon ICA 185 requirements. This charge is associated with the provisioning of heating, ventHation, and airconditioning systems for the CLEC's equipment in Verizon s premises. Adjacent Cable Subduct Space-Manhole. This charge covers the space utilization cost thatthe outside plant fiber or metallic cable occupies within the manhole. Adjacent Cable Subduct Space. The Adjacent Cable Subduct Space charge covers the spaee utilization cost of the subduct that the outside plant fiber or metaUiccable occupieswithin the conduit system. Adiacent Conduit Space (Metallic)..,Manhole. This charg.ecovers the space utilization cQstthatthe outside plant metallic cable occupies within the manhole. Adjacent Conduit Space (Metallic). This charge covers the space utilization cost that the outside plant metallic cable occupies within the conduit system. Adjacent Facility Termination DSO Cable.This charge is applied per 100 pair cable terminated. This charge is designed to recover the labor and material cost of the main distribution frame 100 pair circuit block. Adjacent Facility Termination DS1 Cable. The Facility Termination (DS1) charge is applied per 28 pair DS1 cable terminated. This charge is designed to recover the labor and materiaLcostof the DSX facility termination panel. Adjacent Facility Termination DS3 Cable. The Facility Termination (DS3) charge is applied perDS3 cable terminated. This charge recovers the ,labor and material cost ofthe DSXfacilitytermination panel. Adjacent Cable Vault Space. The Adjacent Cable Vault Space charge covers the cost of the space the CLEC's cable occupies within the cable vault. The charge is based on toe diameter of the cable or subduct. Adiacent Cable, Rack Space. This charge covers the space ,utilization cost that the CLEC's fibermetallic or coaxial cable occupies within the cable rack system. The charge is based on the linear feet occupied. Microwave Rooftop Space.Microwave Rooftop Space is the cost per square foot to provide rooftop space to the CLEC for microwave antenna~ and other exterior facilities. The costincludes only that which relates directly to the land and building space itself. Virtual EQuipment Maintenance. The VIrtual Equipment Maintenance charge is applied on a per quarter rack (or quarter bay) basis and recovers the costs incurred by the bompany.for maintenanceof the CLEC's virtual collocation equipment. This charge would apply to the maintenance of equipment including, but not limited to, ATrv1, DSLAM, frame relay, routers, OC3, OC12, OC240C48, and NGDLC. This charge does notapp!y fOr the maintenance of splitters. Verizon ICA 186