20051207Compliance FCC T-Mobile Order Part II.pdf

Section 6
Interconnection
SECTION 6.0 - INTERCONNECTION
Interconnection Facility Options
This Section describes the Interconnection of Owest's network and WSP's network
for the purpose of exchanging Local, Non-Local , Transit and Jointly Provided switched Access
(InterLATA and IntraLATA) traffic. Owest will provide Interconnection at any technically feasible
point within its network. Owest's Wireless Interconnection Service is provided for the purpose of
connecting End Office switches to End Office switches or End Office switches to Local or
Access Tandem switches for the exchange of Local Traffic; or End Office switches to Access
Tandem switches for the exchange of Local, Non-Local or Jointly Provided Switched Access
Traffic. Owest Tandem to WSP Tandem switch connections will be provided where technically
feasible. New or continued Owest Local Tandem to Owest Access Tandem and Owest Access
Tandem to Owest Access Tandem switch connections are not required where Owest can
demonstrate that such connections present a risk of switch exhaust and that Owest does not
make similar use of its network to transport the local calls of its own or any Affiliate s End User
Customers.
Owest will provide to WSP Interconnection at least equal in quality to that
provided to itself, to any subsidiary, affiliate , or any other party to which it provides
Interconnection. Owest will provide Interconnection under rates, terms and conditions
that are just, reasonable and non-discriminatory.
2 Methods of Interconnection
The Parties will negotiate the facilities arrangement used to interconnect
their respective networks.WSP shall establish at least one Physical Point of
Interconnection in Owest territory in each LATA where the WSP has local End User
Customers and/or has an NPAlNXX rated to a Rate Center within the LATA. The
Parties shall establish, through negotiations, one of the following Interconnection
Agreements (1) a DS1 or DS3 Owest Provided Entrance Facility; (2) Collocation; (3)
negotiated Mid-Span Meet POI facilities; or (4) Other technically feasible methods of
Interconnection.
Owest Provided Entrance Facility. Interconnection may be
accomplished through the provision of a DS1 or DS3 Entrance Facility. An
Entrance Facility extends from the Owest Serving Wire Center to WSP's switch
location or POI. Entrance Facilities may not extend beyond the serving area, by
the Owest Serving Wire Center. The rates for Entrance Facilities are provided in
Exhibit A. Owest's Private Line Transport service is available as an alternative to
entrance facilities , when WSP uses such Private Line Transport service for
multiple services.
Collocation. Interconnection may be accomplished through the
Collocation arrangements offered by Owest. The terms and conditions under
which Collocation will be available are described in the Collocation Section of this
Agreement.
3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point
of Interface, limited to the Interconnection of facilities between one Party's switch
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and the other Party's switch. The actual physical Point of Interface and facilities
used will be subject to negotiations between the Parties. Each Party will be
responsible for its portion of the build to the Mid-Span Meet POI. These Mid
Span Meet POls will consist of facilities used for the Provisioning of one or two
way Type 2 and Jointly Provided switched Access Interconnection trunks , as well
as Ancillary trunks such as, OS, DA, and 911 trunk groups.
The Mid-Span Fiber Meet architecture requires each Party
to own its equipment on its side of the Point of Interconnection (POI).
WSPs may designate Mid Span Fiber Meet as the target architecture
except in scenarios where it is not technically feasible or where the
Parties disagree on midpoint location.
In a Mid-Span Fiber Meet the Parties agree to establish
technical interface specifications for Fiber Meet arrangements that permit
the successful Interconnection and completion of traffic routed over the
facilities that interconnect at the Fiber Meet. WSP is responsible for
providing at its location the Fiber Optic Terminal (FOT) equipment
Multiplexing, and fiber required to terminate the optical signal provided by
Owest. Owest is responsible for providing corresponding FOT(s),
Multiplexing, and fiber required to terminate the optical signal provided by
WSP.
The Parties shall, wholly at their own expense, procure,
install, and maintain the FOT(s) in each of their locations where the
Parties establish a Fiber Meet with capacity sufficient to provision and
maintain all trunk groups. The Parties shall mutually agree on the
capacity of the FOT(s) to be utilized based on equivalent DS1s and DS3s
necessary for transport of forecasted local Interconnection trunking. Each
Party will also agree upon the optical frequency and wavelength
necessary to implement the Interconnection.
Owest agrees to provide local Interconnection trunk diversity to the same
extent it does so in Owest's local network.
Exchange of Traffic
Description
Reciprocal traffic exchange addresses the exchange of traffic between
WSP's network and Qwest's network. Reciprocal traffic exchange covered by this
Agreement is for Wireless Interconnection for CMRS Carriers only in association with
CMRS two-way services. Other Interconnections are covered by a separate agreement
or Tariff. Wireless two-way Interconnection is intended for Wireless to Wireline or
Wireline to Wireless, but not Wireline to Wireline communications. For purposes of this
Agreement, Fixed Wireless is considered a Wireline architecture. The Wireless
Interconnection provided shall not be used to terminate other types of traffic on Qwest'
network, such as Wireline originated traffic. Where either Party interconnects and
delivers traffic to the other from third parties, each Party shall bill such third parties the
appropriate charges pursuant to its respective Tariffs or contractual offerings for such
third party terminations. Unless otherwise agreed to by the Parties, by an amendment to
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this Agreement, the Parties will directly exchange traffic between their respective
networks without the use of third party transit providers.
Depending upon WSP's needs and the technical capability and location of
Owest switches, various Wireless Interconnections and service arrangements are
possible. Wireless Interconnection service arrangement requires, at a minimum, a
connection to those Access Tandems in each LATA where WSP originates or terminates
traffic, by using Type 2A Interconnections. When total traffic volumes of all End Offices
subtending a Local Tandem or to an individual End Office reach 512 CCS, the WSP may
be required to interconnect to the Local Tandem or End Office.
The traffic types to be exchanged under this Agreement include:
Agreement.
3.4
Local Traffic as defined in this Agreement.
Non-Local traffic as defined in this Agreement.
Jointly Provided Switched Access Traffic as defined in this
Transit Traffic as defined in this Agreement.1.4 Traffic having special billing or trunking requirements includes, but are not
limited to, the following:
1.4.
1.4.
1.4.
1.4.4
1.4.
Directory Assistance
911/E911
Toll and Assistance Operator Services
Toll Free Services; and
ISP Bound Traffic.
Toll Blocking Service is a Selective Class of Call Screening (CustomNet).
Selective Class of Call Screening restricts, by operator screen identification, outgoing toll
calls from trunks to collect, third party billed, and/or credit card calls only. Direct dialed
calls to Directory Assistance, 800/877/888, E911/911 , 950, and Owest Repair are
permitted. It is available when WSP sends its traffic on outgoing Ancillary Trunks.
Billed Number Screening allows WSP the capability of restricting
incoming collect and/or third number billed calls from being billed to their Ancillary
Trunks. Although these lines are outgoing trunks, the capability does exist to terminate
a collect and/or third number billed call to the line. Other long distance companies may
or may not subscribe to Billing Validation or recognize the billed number screening
indicator. Therefore, calls placed on other long distance company networks may
complete and bill collect and/or third number billed calls to the WSP account. Qwest is
not responsible for any calls completed on other long distance company networks.
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Wireless Interconnection Requirements
As a part of the Wireless Interconnection requirements, WSP will establish Type 2 trunk groups
to the Owest Access Tandem or End Office switch(es), as required.
Type 2A Interconnections
Type 2A Local Tandem Interconnection
The Type 2A Local Tandem Interconnection links WSP'
POI to a Owest Local Tandem and is used for the exchange of Local
Traffic between WSP and NXXs served by the End Offices subtending
the Local Tandem. This Interconnection arrangement carries both first
routed direct final traffic and traffic overflowed on an alternate final basis
from a Type 28 Primary High Use Interconnection arrangement.
separate Type 2A Access Tandem Interconnection is needed in
conjunction with a Type 2A Local Tandem Interconnection for the
exchange of Non-Local Exchange Access and Jointly Provided switched
Access.
Type 2A Access Tandem Interconnection
The Type 2A Access Tandem Interconnection links WSP'
POI to a Owest Access Tandem for the exchange of Non-Local
Exchange Access and Jointly Provided switched Access traffic. In some
circumstances, the WSP may also choose to use a Type 2A Access
Tandem connection for the exchange of Local Traffic. A Type 2A Access
Tandem connection can be configured in either of the following ways: 1.
as a separate trunk group for Local/lntraLATA and Non-Local excluding
Jointly Provided switched Access and a second trunk group for Jointly
Provided switched Access or 2.) as a single combined trunk group for
Local/lntraLA T AlNon-Local/and Jointly Provided switched Access.
Wireless Interconnection service arrangement requires connection to
those Access Tandems in each LATA where WSP has originating or
terminating traffic.
Type 2A Equal Access Interconnection
This direct final route trunk group is used for the delivery of
Interexchange Carrier Switched Access Traffic. It is an Interconnection
with inband signaling or out of band signaling, where available, using
Feature Group D signaling protocol between WSP's POI and the Access
Tandem serving the area in which the POI is located. The service
enables WSP's End User Customers to use their pre-subscribed
Interexchange Carrier of choice. Equal Access trunks are available as
one way out (mobile to land) and are not available as one way in (land to
mobile), two way or for paging trunks.
Type 28 Interconnections
Type 28 Primary High Use Interconnection
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The Type 2B Primary High Use Interconnection is a two-
way trunk group Interconnection between WSP's POI and a Owest End
Office, within the same LATA. WSP must designate a Type 2A Trunk
Group to a Owest Local Tandem or Access Tandem switch for overflow.
Type 2B Primary High Use service is only available in conjunction with an
associated Type 2A service and is offered only where facilities and
operating conditions permit. WSP's and Owest's Local Traffic can be
exchanged over this Interconnection. WSP will not route ancillary traffic or
traffic terminating to Interexchange Carriers via Feature Group B, C, or D
through the Type 2B Primary High Use Interconnection. Type 2B Primary
High Use trunks are required when actual busy hour traffic exceeds 512
CCS to a Owest End Office.
Type 2B Full Group Service Interconnection
The Type 2B Full Group Service is a direct final, two-way
trunk group connection between WSP POI and a Owest End Office
within the same LATA. Each 2B Full Group serves only the individual
End Office. Overflow capability to an alternative trunk group is not
available with a Type 2B Full Group configuration. Only traffic destined to
telephone numbers associated with the Owest End Office and the WSP'
POI may be exchanged on this trunk group.
Type 2D Interconnection
Type 2D Interconnection is a direct final route trunk group
between a WSP Point of Interconnection and the Operator Services Tandem for
the delivery of calls (i.e. Directory Assistance, National Directory Assistance
Operator Services). Type 2D Interconnection is a direct route to the Operator
Services Tandem only. Type 2D trunks are available as one way out, mobile to
land (to the Owest Operator Tandem); they are not available as one way in or for
paging. Owest offers Signaling System 7 (SS7) and Multi-frequency (MF)
signaling on Type 2D Interconnection.
2.4 Ancillary Interconnection
2.4.One-way mobile to land trunk group connection between the WSP
POI and the Qwest Serving Wire Center of the POI which includes Qwest
common transport to terminate calls for miscellaneous traffic including: Directory
Assistance, Operator Services (collect, credit card and Third Party Billed), Toll
Free Services, 911, InterLATA Toll Services.
Trunking Requirements
The Parties will provide designed Interconnection facilities that meet the
same technical criteria and service standards, such as probability of blocking in peak
hours and transmission standards , in accordance with current industry standards.
Two-way trunk groups will be established wherever possible and where
the Owest switch can support the rating and billing of mobile to land traffic. Separate
trunk groups will be established based on billing, signaling, and network requirements.
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Although, two-way trunk groups are the preferred method of
Interconnection, one-way trunk groups may be established. If either Party elects to
provision its own one-way trunks for delivery of Local Traffic to be terminated on the
other Party's network, the other Party must also provision its own one-way trunks to the
extent that traffic volumes warrant.3.4 Trunk group connections will be made at a DS1 or multiple DS1 level.
Ancillary service trunk groups may be made at either a DS 1 or DSO level.
5 Host-Remote. When a Owest Wire Center is served by a remote End
Office switch, WSP may deliver traffic to the host Central Office or to the Tandem. WSP
may deliver traffic directly to the remote End Office switch only to the extent Owest has
arranged similar trunking for itself or others. For remote switches that currently lack
direct trunking capability, Owest will accept Bona Fide Requests for Trunk Side access.
WSP is responsible to provide notification to all Carriers in the Local
Calling Areas of WSP's change in routing when the WSP chooses to route its traffic in
accordance with one of the following Qwest Interconnection trunking options:
AZ.1/17/02 SGAT Sections 7.6 & 7.
WSP may interconnect for the exchange of local/EAS traffic at
either the Qwest Access Tandem or the Owest Local Tandem, at WSP's option.
When WSP is interconnected at the Access Tandem and where there would be a
DS1's worth of Local Traffic (512 CCS so long as not 512 busy hour CCS)
between WSP's switch and a Owest End Office subtending a Owest Access
Tandem, WSP will order a direct trunk group to that Qwest End Office. WSP
may request a waiver of this provision from the Commission upon a showing that
such compliance will impose a material adverse economic or operations impact
during the pendency of which Qwest shall maintain the status quo.
Owest will allow Interconnection for the exchange of Local
Traffic at Owest's Access Tandem without requiring Interconnection at the
Local Tandem, at least in those circumstances when traffic volumes do
not justify direct connection to the Local Tandem; and regardless of
whether capacity at the Access Tandem is exhausted or forecasted to
exhaust, unless Owest agrees to provide Interconnection facilities to the
Local Tandems or End Offices served by the Access Tandem, at the
same cost to WSP as Interconnection at the Access Tandem.
CO 12/21/01
The Parties shall terminate Exchange Service (EAS/Local) Traffic
on Access Tandems, Local Tandems or End Office switches, at WSP's option
wherever technically feasible. Owest is entitled to provide alternative
Interconnection proposals for WSP's consideration.
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If the request for Interconnection will raise the POI to a
level of exhaust, Owest may temporarily decline Interconnection at that
point. If Owest temporarily declines Interconnection at a point due to
exhaust, Owest shall provide the timeframe within which expansion will
allow Interconnection, the anticipated cost of such Interconnection, and
available alternatives to the requested Interconnection. If there is
sufficient volume to justify a connection to a Local Tandem , Owest may
require such connection, but for no more than the price of Interconnection
with the Access Tandem.
ID 12/10/01
WSP may interconnect at either the Owest Local Tandem switch
or the Owest Access Tandem switch for the delivery of local exchange traffic.
When WSP is interconnected at the Access Tandem switch and where there
would be a DS1's worth of Local Traffic (512 CCS) between WSP's switch and
those Owest End Offices subtending a Owest Local Tandem switch, WSP will
order a direct trunk group to the Owest Local Tandem switch.
Owest will allow Interconnection for the exchange of Local
Traffic at Owest'Access Tandem switch without requiring
Interconnection at the Local Tandem switch , at least in those
circumstances when traffic volumes do not justify direct connection to the
Local Tandem switch; and regardless of whether capacity at the Access
Tandem switch is exhausted or forecasted to exhaust.
IA 1/18/02
WSP may interconnect at either the Owest Local Tandem or the
Qwest Access Tandem for the delivery of local exchange traffic. When WSP is
interconnected at the Access Tandem and where there would be a DS1's worth
of Local Traffic (512 CCS) between WSP's switch and those Owest End Offices
subtending a Owest Local Tandem, WSP will order a trunk group to the Qwest
Local Tandem. When a direct trunk group to Owest's Local Tandem is required,
the additional cost of the trunk group shall be offset by other network savings.
MN 10/10/01
WSP may interconnect at either the Owest Local Tandem or the
Owest Access Tandem for the delivery of local exchange traffic. When WSP is
interconnected at the Access Tandem and where there would be a DS1's worth
of Local Traffic (512 BHCCS) between WSP's switch and those Owest End
Offices subtending a Owest Local Tandem , WSP will order a trunk group to the
Owest Local Tandem.
Owest will allow Interconnection for the exchange of Local
Traffic at Owest's Access Tandem without requiring Interconnection at the
Local Tandem, at least in those circumstances when traffic volumes do
not justify direct connection to the Local Tandem; and regardless of
whether capacity at the Access Tandem is exhausted or forecasted to
exhaust.
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MT 1/31/02
The Parties shall terminate Exchange Access Service (EAS/Local)
traffic on Tandem or End Office switches. When there is a DS1 level of traffic
(512 CCS) between WSP's switch and a Owest End Office switch , Owest may
request WSP to order a direct trunk group to the Owest End Office switch. WSP
shall comply with that request unless it can demonstrate that such compliance
will impose upon it a material adverse economic or operations impact.
Furthermore, Owest may propose to provide Interconnection facilities to the
Local Tandems or End Offices served by the Access Tandem at the same cost to
the WSP as Interconnection at the Access Tandem. If the WSP provides a
written statement of its objections to a Owest cost-equivalency proposal, Qwest
may require it only: (a) upon demonstrating that a failure to do so will have a
material adverse affect on the operation of its network and (b) upon a finding that
doing so will have no material adverse impact on the operation of the WSP, as
compared with Interconnection at such Access Tandem.
NE 1/25/102
WSP may interconnect at either the Owest Local Tandem or the
Qwest Access Tandem for the delivery of local exchange traffic. When WSP is
interconnected at the Access Tandem and where there would be a DS1's worth
of Local Traffic (512 CCS) between WSP's switch and those Owest End Offices
subtending a Qwest Local Tandem, Owest may petition the Commission to
require WSP to transition to a direct trunk group to the Owest Local Tandem.
Owest will allow Interconnection for the exchange of Local
Traffic at Qwest's Access Tandem without requiring Interconnection at the
Local Tandem, at least in those circumstances when traffic volumes do
not justify direct connection to the Local Tandem; and regardless of
whether capacity at the Access Tandem is exhausted or forecasted to
exhaust.
NM 12/28/01
WSP may interconnect at either the Owest Local Tandem or the
Owest Access Tandem for the delivery of local exchange traffic. When WSP is
interconnected at the Access Tandem and where there would be a DS1 's worth
of Local Traffic (512 BHCCS) between WSP's switch and those Owest End
Offices subtending a Owest Local Tandem, WSP will order a trunk group to the
Owest Local Tandem.
Owest will allow Interconnection for the exchange of Local
Traffic at Owest's Access Tandem switch without requiring
Interconnection at the Local Tandem, at least in those circumstances
when traffic volumes do not justify direct connection to the Local Tandem;
and regardless of whether capacity at the Access Tandem is exhausted
or forecasted to exhaust.
ND 2/19/02
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The Parties shall terminate Exchange Access Service (EAS/Local)
traffic on Tandem or End Office switches. When there is a DS1 level of traffic
(512 BHCCS) between WSP's switch and a Owest End Office switch , Owest may
request WSP to order a direct trunk group to the Owest End Office switch. WSP
shall comply with that request unless it can demonstrate that such compliance
will impose upon it a material adverse economic or operations impact.
Furthermore, Owest may propose to provide Interconnection facilities to the
Local Tandems or End Offices served by the Access Tandem at the same cost
to WSP as Interconnection at the Access Tandem. If WSP provides a written
statement of its objections to a Owest cost-equivalency proposal, Owest may
require it only: (a) upon demonstrating that a failure to do so will have a material
adverse affect on the operation of its network and (b) upon a finding that doing so
will have no material adverse impact on the operation of WSP , as compared with
Interconnection at such Access Tandem.
OR 1/30/02
WSP may interconnect at either the Owest Local Tandem or the
Owest Access Tandem for the delivery of local exchange traffic. When WSP is
interconnected at the Access Tandem and where there would be a DS1's worth
of Local Traffic (512 BHCCS) between WSP's switch and those Owest End
Offices subtending a Owest Local Tandem, WSP will order a trunk group to the
Owest Local Tandem. As an alternative, WSP shall terminate traffic on Qwest
End Office switches. When Qwest lacks available capacity at the Access
Tandem , Owest will arrange Local Tandem or End Office Interconnection at the
same cost to WSP as Interconnection via the Owest Access Tandem.
Owest will allow Interconnection for the exchange of Local
Traffic at Owest's Access Tandem without requiring Interconnection at the
Local Tandem, at least in those circumstances when traffic volumes do
not justify direct connection to the Local Tandem; and regardless of
whether capacity at the Access Tandem is exhausted or forecasted to
exhaust unless Owest agrees to provide Interconnection facilities to the
Local Tandems or End Offices served by the Access Tandem, at the
same cost to WSP as Interconnection at the Access Tandem.
SD 10/23/01
WSP may interconnect at either the Owest Local Tandem or the
Owest Access Tandem for the delivery of local exchange traffic. When WSP is
interconnected at the Access Tandem and where there would be a DS1's worth
of Local Traffic (512 BHCCS) between WSP'. switch and those Owest End
Offices subtending a Owest Local Tandem , WSP will order a trunk group to the
Owest Local Tandem.
Qwest will allow Interconnection for the exchange of Local
Traffic at Owest's Access Tandem without requiring Interconnection at the
Local Tandem, at least in those circumstances when traffic volumes do
not justify direct connection to the Local Tandem; and regardless of
whether capacity at the Access Tandem is exhausted or forecasted to
exhaust.
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UT 2/12/02
The Parties shall terminate Exchange Access Service (EAS/Local)
traffic on Tandem or End Office switches. When there is a DS1 level of traffic
(512 BHCCS) between WSP's switch and a Owest End Office switch, Owest may
request WSP to order a direct trunk group to the Owest End Office switch. WSP
shall comply with that request unless it can demonstrate that such compliance
will impose upon it a material adverse economic or operations impact.
Furthermore, Owest may propose to provide Interconnection facilities to the
Local Tandems or End Offices served by the Access Tandem at the same cost to
WSP as Interconnection at the Access Tandem. If WSP provides a written
statement of its objections to a Owest cost-equivalency proposal, Owest may
require it only: (a) upon demonstrating that a failure to do so will have a material
adverse affect on the operation of its network and (b) upon a finding that doing so
will have no material adverse impact on the operation of WSP, as compared with
Interconnection at such Access Tandem.
Owest will allow Interconnection for the exchange of Local
Traffic at Owest's Access Tandem without requiring Interconnection at the
Local Tandem, at least in those circumstances when traffic volumes do
not justify direct connection to the Local Tandem; and regardless of
whether capacity at the Access Tandem is exhausted or forecasted to
exhaust.
WA 1/29/02
The Parties shall terminate Exchange Service (EAS/Local) traffic
on Tandems or End Office switches, at WSP's option. When Owest lacks
available capacity at the Access Tandem, Owest will arrange Local Tandem or
End Office Interconnection at the same cost to WSP as Interconnection via the
Qwest Access Tandem.
Owest will allow Interconnection for the exchange of Local
Traffic at Owest's Access Tandem without requiring Interconnection at the
Local Tandem, at least in those circumstances when traffic volumes do
not justify direct connection to the Local Tandem; and regardless of
whether capacity at the Access Tandem is exhausted or forecasted to
exhaust unless awes! agrees to provide Interconnection facilities to the
Local Tandems or End Offices at the same cost to WSP as the
Interconnection at the Access Tandem.
WY 1/9/02
The Parties shall terminate Exchange Access Service (EAS/Local)
traffic on Tandem or End Office switches. When there is a DS1 level of traffic
(512 BHCCS) between WSP's switch and a Owest End Office switch, Owest may
request WSP to order a direct trunk group to the Owest End Office switch. WSP
shall comply with that request unless it can demonstrate that such compliance
will impose upon it a material adverse economic or operations impact.
Furthermore, Owest may propose to provide Interconnection facilities to the
Local Tandems or End Offices served by the Access Tandem at the same cost to
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the WSP as Interconnection at the Access Tandem. If the WSP provides a
written statement of its objections to a Owest cost-equivalency proposal, Owest
may require it only: (a) upon demonstrating that a failure to do so will have a
material adverse affect on the operation of its network and (b) upon a finding that
doing so will have no material adverse impact on the operation of the WSP, as
compared with Interconnection at such Access Tandem.
Owest will allow Interconnection for the exchange of Local
Traffic at Owest'Access Tandem switch without requiring
Interconnection at the Local Tandem switch , at least in those
circumstances when traffic volumes do not justify direct connection to the
Local Tandem switch; and regardless of whether capacity at the Access
Tandem switch is exhausted or forecasted to exhaust.
To the extent Owest is using a specific End Office to deliver
limited Tandem switching functionality to itself, a Wireless Service Provider
WSP, or another ILEC, it will arrange the same trunking for WSP.
The Parties will provide Common Channel Signaling (CCS) to one
another in conjunction with all trunk circuits, except as provided below.
The Parties will provision all trunking using SS7/CCS capabilities.
Redundant MF signaling networks will not be provided unless specifically called
for in this Agreement. Exceptions to this arrangement would be limited to
Operator Services trunking, Directory Assistance trunking, 911 trunking and any
others currently available in the Qwest network only on MF signaling. When the
SS7/CCS option becomes available in the Qwest network for said trunking, the
Parties will provision new trunks using SS7. In addition, the Parties will jointly
work to convert existing trunking to SS7, as appropriate.
Qwest and WSP are required to provide each other the proper
signaling information (e., originating call party number and destination call party
number, etc.) to enable each Party to issue bills in a complete and timely fashion.
All CCS signaling parameters will be provided including Calling Party Number
(CPN), valid Automatic Number Identification (ANI), Originating Line Information
(OLl), calling party category, charge number, etc. All privacy indicators will behonored.
When the Parties interconnect via CCS for Jointly Provided
switched Access Service, the Tandem provider will provide MF/CCS interworkingas required for Interconnection with Interexchange Carriers who use
signaling.
Terms and Conditions
2.4.Transport and Termination of Local Traffic.
2.4.Local Traffic will be exchanged as Type 2 Service.
2.4.As negotiated between the Parties, the transport of Local Traffic
may occur in several ways. The Parties may purchase transport services from
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each other or from a third party including a third party that has leased the Private
Line Transport Service facility from Owest. Such transport provides a
transmission path for the Type 2 trunk to deliver the originating Party's Local
Traffic to the terminating Party's End Office or Tandem for call termination. This
Section is not intended to expand either Party's obligation under Section 251 (a)
of the Act.
2.4.Based on forecasted or actual traffic at WSP's busy hour
centum call seconds (ccs), where there is a DS1's worth of traffic (512 ccs)
between WSP's POI and a Owest End Office or Local Tandem, WSP will order a
dedicated trunk group from WSP's POI directly to the Owest End Office or Local
Tandem.
2.4.1.4 Trunking ordered to a Tandem or End Office switch will be
provided as Direct Trunked Transport between the Serving Wire Center of the
WSP's POI and the Tandem or End Office.
Arizona SGAT:
2.4.Owest will provide Direct Trunked Transport LATA-wide where
facilities are available. If Direct Trunked Transport is greater than fifty (50) miles
in length , and existing facilities are not available in either Party's network, and the
Parties cannot agree as to which Party will provide the facility, the Parties will
bring the matter before the Commission for resolution on an Individual Case
Basis.
Colorado SGA T:
2.4.Owest will provide Direct Trunked Transport LATA-wide where
facilities are available. If Direct Trunked Transport is greater than fifty (50) miles
in length, and existing facilities are not available in either Party's network, and the
Parties cannot agree as to which Party will provide the facility, the Parties will
construct facilities to a mid-point of the span , or Owest will construct the entire
span and WSP will pay one half (1/2) the expense of the entire span.
Idaho SGA T:
2.4.If Direct Trunked Transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party's network, and the
Parties cannot agree as to which Party will provide the facility, the Parties will
bring the matter before the Commission for resolution on an Individual Case
Basis.
Iowa SGAT:
2.4.If Direct Trunked Transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party's network, and the
Parties cannot agree as to which Party will provide the facility, the Parties will
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construct facilities to a midpoint of the span.
Minnesota SGAT:
2.4.If Direct Trunked Transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party's network, and the
Parties have not been able to resolve the issue through mid-point arrangements
and the Parties cannot agree as to which Party will provide the facility, the
Parties may bring the matter before the Commission for resolution on an
Individual Case Basis.
Montana SGA T:
2.4.If Direct Trunked Transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party's network, and the
Parties have not been able to resolve the issue through mid-point arrangements
and the Parties cannot agree as to which Party will provide the facility, the
Parties may bring the matter before the Commission for resolution on an
Individual Case Basis.
Nebraska SGAT:
2.4.Owest will provide Direct Trunked Transport LATA-wide where
facilities are available. If Direct is greater than fifty (50) miles in length, and
existing facilities are not available in either Party's network, and the Parties
cannot agree as to which Party will provide the facility, Owest may apply to the
Commission for a waiver on an Individual Case Basis.
New Mexico SGA
2.4.If Direct Trunked Transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party s network, and the
Parties have not been able to resolve the issue through mid-point arrangements
and the Parties cannot agree as to which Party will provide the facility, the
Parties may bring the matter before the Commission for resolution on an
Individual Case Basis.
North Dakota SGAT:
2.4.If Direct Trunked Transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party's network, and the
Parties have not been able to resolve the issue through mid-point arrangements,
and the Parties cannot agree as to which Party will provide the facility, the
Parties may bring the matter before the Commission for resolution on an
Individual Case Basis.
Oregon SGA T:
2.4.Owest will provide Direct Trunked Transport LATA-wide where
facilities are available. If Direct Trunked Transport is greater than fifty (50) miles
in length, and existing facilities are not available in either Party's network, and the
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Parties cannot agree as to which Party will provide the facility, the Parties will
construct facilities to a mid-point of the span.
South Dakota SGAT:
2.4.If Direct Trunked Transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party's network, and the
Parties have not been able to resolve the issue through mid-point arrangements,
and the Parties cannot agree as to which Party will provide the facility, the
Parties may bring the matter before the Commission for resolution on an
Individual Case Basis.
Utah SGAT:
2.4.If Direct Trunked Transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party's network, and the
Parties have not been able to resolve the issue through mid-point arrangements
and the Parties cannot agree as to which Party will provide the facility, the
Parties may bring the matter before the Commission for resolution on an
Individual Case Basis.
Washington SGAT 1-29-02:
2.4.Owest will provide Direct Trunked Transport LATA-wide where
facilities are available. If Direct Trunked Transport is greater than fifty (50) miles
in length, and existing facilities are not available in either Party's network, and the
Parties cannot agree as to which Party will provide the facility, the Parties will
construct facilities to a mid-point of the span.
Wyoming SGAT 1-02:
2.4.If Direct Trunked Transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party's network, and the
Parties cannot agree as to which Party will provide the facility,' the Parties will
bring the matter before the Commission for resolution on an Individual Case
Basis (ICB).
2.4.Non-Local Traffic
2.4.1 Non-Local Traffic will be exchanged over Type 2 facilities and
usage will be rated using the FCC's Access Tariff and the applicable switched
Access rates.
2.4.Transit Traffic
2.4.3.Owest will accept traffic originated by WSP for termination to a
CLEC, ILEC , or another Wireless Carrier that is connected to Owest's local
and/or Access Tandems and whose switch sub-tends Owest's network per the
LERG. Owest will also terminate traffic from these other Telecommunications
Carriers to WSP.
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2.4.To the extent technically feasible, the Parties involved in
transporting Transit Traffic will deliver calls to each involved network with
CCS/SS7 Protocol and the appropriate ISUPITCAP messages to facilitate full
interoperability and billing functions.
2.4.Except as noted in Section 6.2.4.3.4 below, the originating
company is responsible for the provisioning of billable usage data and/or billable
records and payment of appropriate rates to the both the transit company and to
the terminating company. The transit company may waive the data and/or record
provisioning requirement at its option. In no event shall the transit company be
obligated to pay termination charges to any other carrier. The transit company
shall have the option of receiving the originating usage data in either report
format or billable record format. If the transit company elects to receive billable
records, the record format shall be in accordance with industry standard
Category 11-01 record format.
2.4.3.4 In the case of InterMTA Exchange Access (IntraLATA Toll) calls
which flow from the End User Customer of a LEC, transit Owest facilities and
terminate to the Wireless Company, and where Owest is the 1+ presubscribed
IntraLATA Toll provider for End User Customers who originate such calls, Owest
will be responsible for payment of appropriate termination charges to the
terminating company. In no other event will the transit company be obligated to
pay termination charges to any other carrier.
2.4.When Owest receives an unqueried call from WSP to a number
that has been ported to another Telecommunications Carrier, the transit and
query rates will apply.
2.4.4 Jointly Provided Switched Access
2.4.4.The Parties will use industry standards developed to handle the
provisioning and billing of Jointly Provided switched Access (MECAB, MECOD,
and the appropriate Access Tariffs). Each Party will bill the IXC the appropriate
portion of its switched Access rates. Owest will also provide the one-time
notification to WSP of the billing name, billing address and the Carrier
Identification Codes (CIC) of the IXCs subtending any Access Tandems to which
WSP directly connects. This type of traffic is discussed separately in this
Section.
2.4.Interface Code Availability
2.4.Supervisory signaling specifications, and the applicable Network
Channel Interface codes for Type 2 trunks, are the same as those defined in
Telcordia Reference Documents GR-145-CORE and BR-795-403-100.
2.4.Signaling Options
2.4.SS7 Out of Band Signaling
2.4.1 "Signaling System 7 Out of Band Signaling" or "SS7
Signaling" means the Common Channel Signaling (CCS) protocol used to
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digitally transmit call set-up and network control data over a special
signaling network fully separate from the public voice switched Network
Elements that carry the actual call. For purposes of this Agreement, the
terms "CCS" and "SS7" shall be interchangeable. SS7 Signaling should
be the signaling of choice for Type 2 trunks where technically feasible for
both Parties. SS7 signaling may be used on Type 2 Equal Access Trunks
in an office where the SS7 Cell Feature has been deployed. Common
Channel Signaling Access Capability Service may be obtained through
the following options: (a) a finished service as defined in the Owest FCC
Tariff No., and State Access Tariffs or (b) from a third party Signaling
provider. Owest and WSP, will provide for Interconnection of their
signaling network for the mutual exchange of signaling information in
accordance with the industry standards as described in Telcordia
documents, including but not limited to GR-905 CORE, GR-954 CORE
GR-394 CORE and Owest Technical Publication 77342.
2.4.Multi-Frequency Address Signaling" or "MF Signaling
2.4.MF Signaling is a signaling method used to transmit
address information and other information over voice frequency
transmission facilities. It is also referred to as in-band signaling. Where
SS7 signaling is not available or not technically feasible by both Parties
inband Multi-Frequency (MF) wink start signaling will be used. When the
SS7 option becomes available in both networks, the Parties will jointly
work to convert existing MF Signaling to SS7.
2.4.Clear Channel Capability
2.4.Clear Channel Capability (64CCC) permits 24 DSO-
Kbps services or 1.536 Mbps of information on the 1.544 Mbps/s line rate.
64CCC is available for Type 2 trunks equipped with SS7 Out-of-Band
Signaling. 64CCC must be requested on the order for the new Type 2
trunks. Owest will provide WSP with a listing of Owest Tandems fully
capable of routing 64CCC traffic through the Owest website:
http://www.awest.com/disclosures. Where available to Owest, Owest will
provide WSP with the same 64CCC on an alternate route or if necessary
via an overlay network.
2.4.Measurement of Terminating Local Minutes
2.4.Measurement of terminating Local minutes begins when the
calling Party's switch receives answer supervision from the called Party's switch
indicating the called Party has answered. The measurement of terminating call
usage over Type 2 trunks ends when the calling Party's switch receives
disconnect supervision from either the called Party's switch, indicating the called
Party has disconnected, or the calling Party's switch, indicating the calling Party
has disconnected , whichever is recognized first by the calling Party's switch.
This is commonly referred to as "Conversation Time." The Parties will only
charge for actual minutes of use and/or fractions thereof of completed calls.
Minutes of use are aggregated at the end of the billing cycle by End Office and
rounded to the nearest whole minute.
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2.4.Type 2 Forecasting
2.4.Both WSP and Owest shall work in good faith to define a mutually
agreed upon forecast of Type 2 trunking.
2.4.Both Parties shall have the obligation to participate in joint
planning meetings at semi-annual intervals to establish trunk design and
provisioning requirements. The Parties agree to provide mutual trunk forecast
information to ensure End User Customer call completion between the Parties
networks. Such forecasts shall be for Type 2 trunking, which impacts the switch
capacity and facilities of each Party.
2.4.switch capacity growth jobs requiring the addition of new switching
modules may require six months for order and install. To align with the
timeframe needed to provide for the requested facilities, including engineering,
ordering, installation and make ready activities, the Parties will utilize Owest
standard forecast timelines, as defined in the standard Qwest Type 2 Trunk
Forecast Forms for growth planning. For capacity growth, Owest will utilize WSP
semi-annual forecasts and near-term demand submitted on Unforecasted
Demand Notification Form to ensure availability of switch capacity.
2.4.8.4 Each Party will utilize the forecast cycle outlined on the Owest
Type 2 Trunk Forecast Forms, which stipulates that forecasts be submitted on a
semi-annual basis. The forecast will identify trunking requirements for a two-year
period. From the semi-annual close date as outlined in the forecast cycle, the
receiving Party will have one (1) month to determine network needs and place
vendor orders which require a six (6) month minimum to complete the network
build. Seven (7) months after submission of the initial forecast, Owest will have
the necessary capacity in place to meet the WSP forecast. After the initial
Forecast, Qwest will ensure that capacity is available to meet WSP's needs as
described in the WSP forecasts.
2.4.Both Parties will follow the forecasting and provisioning
requirements of this Agreement for the appropriate sizing of trunks, and use of
direct End Office vs. Tandem routing.
2.4.In the event of a dispute regarding forecast quantities, the Parties
will make capacity available in accordance with the lower forecast, while
attempting to resolve the matter informally. If the Parties fail to reach resolution
the Dispute Resolution provision of this Agreement shall apply.
2.4.Joint planning meetings will be used to bring clarity to the process.
Owest shall work cooperatively with WSP in determining proper volumes of
Interconnection facilities through joint, cooperative planning sessions. Each
Party will provide adequate information associated with the Owest Type 2 Trunk
Forecast Forms in addition to its forecasts. No later than two weeks prior to the
joint planning meetings, the Parties shall exchange information to facilitate the
planning process. Both Parties shall provide information on major network
projects anticipated for the following year that may impact the other Party'
forecast or Interconnection requirements Owest shall provide WSP a report
reflecting then current spare capacity at each Owest switch that may impact the
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Interconnection traffic. Qwest shall also provide a report reflecting then current
blocking of local direct and alternate final trunk groups, Interconnection and non-
Interconnection alike. WSP will be provided Interconnection trunk group data on
its own trunks. The information is Owest-proprietary, provided under non-
disclosure and is to be used solely for Interconnection network planning.
2.4.8.In addition to the above information, WSP shall provide:
(a)
(b)
Completed Owest Type 2 Trunk Forecast Forms; and
Any planned use of an alternate Local Tandem Provider.
2.4.In addition to the above information , the following information will
, be available through the Local Exchange Routing Guide (LERG) or the
Interconnections (ICONN) Database. The LERG is available through Telcordia.
ICONN is available through the Owest Web site located at:
http://www.Qwest.com/cQi-bin/iconn/iconn.
(a)
(b)
Qwest Tandems and Owest End Offices (LERG);
CLLI codes (LERG);
(c)
(d)
Business/Residence line counts (ICONN);
(e)
switch type (LERG or ICONN); and
Current and planned switch generics (ICONN).
Qwest will notify WSP six (6) months prior to LERG amendment, the anticipation
of a new Local Tandem switch.
2.4.10 Owest Network Disclosure of deployment information for specific
technical capabilities (e.g., ISDN deployment, 64 CCC, etc.) shall be provided on
Owest's web site, http://www.Qwest.com/disciosures
2.4.11 When appropriate, Owest will notify WSP through the Owest
Trunk Group Servicing Request (TGSR) process of the need to take action and
place orders in accordance with the forecasted trunk requirements. WSP shall
respond to the TGSR within ten (10) business Days of receipt.
2.4.The following terms shall apply to the forecasting process:
2.4.12.1 WSP forecasts shall be provided to Owest as detailed in
the standard Wireless Type 2 Trunk Forecast Form.
2.4.12.2 WSP forecasts provided to Owest, information provided by
WSP to Owest outside of the normal forecasting process to modify the
forecast, and forecasting information disclosed by Owest to WSP shall be
deemed Confidential Information and the Parties may not distribute,
disclose or reveal , in any form , this material other than as allowed and
described in subsections 5.16.1 and 5.16.
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2.4.13 If a trunk group is consistently utilized (trunks required over trunks
in service) at less than fifty percent (50%) of rated busy hour capacity each
month of any consecutive three (3) month period, Owest will notify WSP of
Owest's desire to resize the trunk group. Such notification shall include Owest'
information on current utilization levels. If WSP does not submit an ASR to
resize the trunk group within thirty (30) calendar Days of the written notification
Owest may reclaim the unused facilities and rearrange the trunk group. When
reclamation does occur, Owest shall not leave the WSP assigned trunk group
with less than twenty five percent (25%) excess capacity. Ancillary trunks are
excluded from this treatment.
2.4.14 Each Party shall provide a specified point of contact for planning,
forecasting and trunk servicing purposes.
2.4.15 Interconnection facilities provided on a route that involves
extraordinary circumstances may be subject to the Construction Charges, as
detailed in Section 19 of this Agreement. When Owest claims extraordinary
circumstances exist, it must apply to the Commission for approval of such
charges by showing that WSP alone is the sole cause of such construction.
Owest shall initiate such proceeding within ten (10) calendar Days of notifying
WSP in writing that it will not construct the requested facilities, or within ten (10)
calendar Days of notice from WSP in writing that Owest must either commence
construction of the facilities or initiate such proceeding with the Commission. In
this proceeding, Owest shall not object to using the most expeditious procedure
available under state law, rule or regulation. Owest shall be relieved of its
obligation of constructing such facilities during the pendency of the proceeding
before the Commission. If the Commission approves such charges, Qwest and
WSP will share costs in proportion to each Party s use of the overall capacity of
the route involved. Owest and WSP may also choose to work in good faith to
identify and locate alternative routes that can be used to accommodate WSP
forecasted build. Extraordinary circumstances include, but are not limited to,
natural obstructions such as lakes , rivers, or steep terrain, and legal obstructions
such as governmental, federal, Native American or private rights of way. The
standard Owest forecast period of six (6) months may not apply under these
circumstances. Construction Charges shall not apply in the event that
construction is an augment of an existing route.
2.4.Testing
2.4.Acceptance Testing. At the time of installation of a Type 2 trunk
group, and at no additional charge, acceptance tests will be performed to ensure
that the service is operational and meets the applicable technical parameters.
2.4.Testing Capabilities
2.4.Type 2 acceptance testing is provided where equipment is
available, with the following test lines: seven-digit access to balance (tOO
type), milliwatt (102 type), nonsynchronous or synchronous, automatic
transmission measuring (105 type), data transmission (107 type), loop-
around, short circuit, open circuit, and non-inverting digitalloopback (108
type), and such other acceptance testing that may be needed to ensure
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that the service is operational and meets the applicable technical
parameters.
2.4.9.In addition to Type 2 acceptance testing, other tests are
available (e., additional cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled
testing, and non-scheduled testing) at the applicable rates found in
Exhibit A, Miscellaneous Charges. Testing fees will be paid by WSP
when requesting testing.
2.4.Repair Testing. At the 'ime of repair of a Type 2 trunk
group, at no additional charge, tests will be performed to ensure that the
service is operational and meets the applicable technical parameters.
2.4.10 Mileage Measurement. Where required, the mileage measurement for
Type 2 rate elements is determined in the same manner as the mileage measurement
for V & H methodology as outlined in NECA Tariff No.
Reciprocal Compensation
Interconnection Facility Options
The Reciprocal Compensation Provisions of this Agreement shall apply to
the exchange of Local Traffic between WSP's network and Owest's network. Where
either Party interconnects and delivers traffic to the other from third parties, each Party
shall bill such third parties the appropriate charges pursuant to its respective Tariffs,
Price Lists or contractual offerings for such third party terminations. Absent a separately
negotiated agreement to the contrary, the Parties will directly exchange traffic between
their respective networks without the use of third party transit providers.
Entrance Facilities
Recurring and nonrecurring rates for Entrance Facilities are
, specified in Exhibit A and will apply for those DS1 or DS3 facilities dedicated to
use by Type 2 Service.
If WSP chooses to use an existing facility purchased as Private
Line Transport Service from the state or FCC Access Tariffs, the rates from those
Tariffs will apply.
Collocation
Interconnection may be accomplished through the Collocation
arrangements offered by Owest. The terms and conditions under which
Collocation will be available are described in Section 7 of this Agreement.
1.4 Direct Trunked Transport is available as follows:
1.4.Direct Trunked Transport (DIT) is available between the Serving
Wire Center of the POI and Owest's Tandem or End Office switches. The
applicable rates are described in Appendix A. DIT facilities are provided as
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dedicated DS3 or DS1 facilities.
1.4.Mileage shall be measured for DTT based on V&H coordinates
between the Serving Wire Center of the POI and the Owest Tandem or End
Office.
1.4.Fixed and Per Mile Charges per DS1 and per DS3 are applicable
and are defined for DTT in Appendix A of this Agreement.
2 Trunk Nonrecurring Charges
Installation nonrecurring charges may be assessed by the provider for
each Type 2 trunk ordered. Owest rates are specified in Exhibit A.
Nonrecurring charges for rearrangement may be assessed by the
provider for each Type 2 trunk rearrangement ordered , at one-half the trunk non-
recurring interface rates specified in Exhibit A.
Miscellaneous Charges
Cancellation charges will apply to cancelled Type 2 trunk orders, based
upon the critical dates, terms and conditions in accordance with the Access Service
Tariff Section 5., and the Trunk Nonrecurring Charges referenced in this Agreement.
Expedite requests for trunk orders are allowed. Expedites are requests
for intervals that are shorter than the interval defined in Owest's Service Interval Guide
(SIG) or Individual Case Basis (ICB) due date. Charges as set forth in Exhibit A apply
for expedites.
Construction charges are described in Section 19 and charges are
contained in Exhibit A of this Agreement.
Miscellaneous Charges are defined in the Definitions Section.
Multiplexing
3.4.
Exhibit A.
Multiplexing options (DS1/DS3 MUX) are available at rates described in
Facilities Credit
When WSP leases facilities from Owest for Entrance Facility (EF), Direct
Trunked Transport (DTT) and Multiplexing, Owest's charges shall be adjusted to account
for the portion of the facility used to transport traffic originated by Owest's End User
Customers to WSP, as follows.
A credit will be calculated by multiplying the sum of the total
monthly two way channel facility for the EF, DTT, and multiplexer state specific
charges by a Percent Local Usage 2B(PLU 2B) factor of 0.185 (eighteen and one
half percent). This P~U 2B factor can be updated every six months subject to
review and validation by Owest, based on a three-month study of actual usage of
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Owest originated land to mobile traffic to total traffic exchanged between the
Parties. This factor will be supplied to Owest thirty (30) Days prior to its effective
date. If WSP does not supply a new factor, the previous factor will remain in
effect until the next update. This credit will be applied each month for the term of
this Agreement.
The Parties agree that the Facilities Credit is intended to apply
only to 2-way Type 2 Interconnection facilities.
Local Traffic
End Office Call Termination
The per minute of use call termination rates as described in
Exhibit A of this Agreement will apply reciprocally for Exchange Service
MT AlLocal Traffic terminated at a Owest or WSP End Office.
For purposes of call termination, WSP switch(es) shall be treated
as End Office switch(es) unless WSP switch(es) meet the definition of a Tandem
switch as described in the Definitions Section of this Agreement.
Neither Party shall be responsible to the other for call termination
charges associated with third party traffic that transits such Party's network.
Tandem Switched Transport
For traffic delivered through a Owest or WSP Tandem switch (as
defined in this Agreement), the Tandem switching rate and the Tandem
transmission rate in Exhibit A shall apply per minute in addition to the End Office
call termination rate described above.
Mileage shall be measured for the Tandem transmission rate
elements based on V&H coordinates between the Tandem and terminating End
Office.
When a Party terminates traffic to a remote switch Tandem
transmission rates will be applied for the mileage between the host switch and
the Owest remote switch as long as the identity of each is filed in the NECA 4
Tariff.
WSP may choose one (1) of the following two (2) options for the
exchange of traffic subject to Local Traffic rates. Exhibit J identifies the WSP rate
election.
The rates applicable to local, non-Transit Traffic between Owest
and WSP shall be the same as the rates established for ISP Bound Traffic
pursuant to Section 6.10.3. Such rate for ISP Bound Traffic will apply to
Local Traffic in lieu of End Office Call Termination rates and Tandem switched
Transport rates.
Compensation rate for Local Traffic shall be as established by the
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Commission. The Parties shall cooperate in establishing a process by which
Local Traffic and ISP Bound Traffic will be identified in order to compensate one
another at the appropriate rates and in a prompt manner.
Billing for Qwest - Originated Local Traffic
WSP may receive payment for Qwest originated Local Traffic it
terminates by either: (1) using Reciprocal Compensation Credits, or; (2) Billing Owest
directly. SS7 signaling is a prerequisite for direct billing. The Reciprocal Compensation
Credits method will be the billing method used unless written notification is made to
Owest from WSP indicating the election of direct billing. Such notification shall be made
at least ninety (90) Days in advance, and both Parties shall agree on the format and
content of the bill at least thirty (30) Days prior to commencement of such billing. If WSP
cannot provide appropriate billing detail, as per the agreed upon content and format
billing will remain as Reciprocal Compensation Credits.
Reciprocal Compensation Credit for Owest - Originated Traffic
Each Party will compensate the other for its traffic terminating to
the other Party's End User Customers. WSP's rate for Owest's Reciprocal
Compensation Credit will be based upon either (i) End Office switching rate, and
Tandem rates if WSP switch(es) meet the definition of a Tandem switch or (ii)
FCC ISP Ordered Rate listed in Exhibit A, dependent on WSP's choice for Local
Traffic, as found in Exhibit J. Qwest will compensate WSP for MTAlLocal two-
way traffic originated from Owest's End User Customers within the LATA. Owest
will not compensate for paging traffic in this Agreement.
The Reciprocal Compensation Credit shall be calculated as follows.
Step 1 - Determine IntraMTAlLocal Use Factor by subtracting the M-L InterMTA
percent factor of 5% from the number one.
Step 2 - Multiply the measured mobile to land minutes of use terminated on the
Owest network by using the Percent IntraMTAlLocal Use factor of ninety-five
percent (95%).
Step 3 - Divide the total adjusted number of monthly MT AlLocal WSP minutes of
use terminated on Owest's network by a PLU 1 factor of (0.70 (seventy percent)).
Step 4 - Multiply the total of the calculation in Step 3 by a PLU 2A factor (0.185
(eighteen and one-half percent)), to arrive at the total Qwest IntraMTAlLocal
minutes of use terminated on WSP's network per month.
Step 5 - Multiply the monthly total by the applicable reciprocal compensation rate
specified in Exhibit A to obtain the Reciprocal Compensation Credit for the
month.
EXAMPLE OF RECIPROCAL CREDIT CALCULATION
Illustrated Only With Call Termination End Office switching Rate
WSP minutes terminated to Qwest subscribers (M-000 000
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Step 1 - Percent IntraMTAlLocal Use Factor (1-05)
Step 2 - Adjusted (M-L) IntraMTA MOU's (10 000 000 * .95)500 000
Step 3 - Divide by .70 (PLU 1) factor to arrive at total minutes (9 500 000
70)
571,429
Step 4 - Multiply by .185 (PLU 2A) factor to arrive at Qwest minutes to
WSP
510 714
Step 5 - Multiply result by End Office switching rate for Reciprocal
Compensation Credit (2 510 714 x $0.00298)
7,481.92
Reciprocal Compensation Credit does not include: one-time charges and
Ancillary service charges.
2.4 The Reciprocal Compensation Credit for the month will appear on each
monthly bill to WSP as credit against amounts due and payable. Reciprocal
Compensation Credits will be applied one (1) month in arrears. Any minutes of use
eligible for the Reciprocal Compensation Credit which are adjusted (debit or credit) will
directly result in an adjustment in the Reciprocal Compensation Credit.
Requirements for Direct Billing Qwest - Originated Local Traffic
WSP may elect to direct bill Owest. The following are the requirements
for WSP to render a bill for Owest-originated Local Traffic, to be illustrated in a sample
bill mutually agreed upon at least thirty (30) Days prior to initiating such billing. This
sample bill shall also display any additional requirements agreed upon by both Parties.
Invoices will comply with Billing Output Specifications (BOS). Included in
the detail will be data by End Office, a total page summarizing the charges and minutes
of use by state and a summary page of charges and total amounts due.
Carriers will exchange billing contacts and telephone numbers.8.4 The invoices will include identification of the monthly bill period (from and
through dates), which will coincide with Owest bills rendered to WSP.
WSP will bill Owest by LATA, by state, based on the terminating location
of the call. WSP will display the CLLI code(s) of the POI.
WSP will assign an Invoice Number and/or Billing Account Number.
WSP will provide a Remittance Document including: remittance address,
Invoice Number and/or Billing Account Number, amount due and Payment Due Date (at
least thirty (30) Days from invoice issuance date).
due.
The rendered bill will include a summary of charges and total amounts
Charges incurred during the bill period, including fractional monthly
charges, will be reflected on the next bill. Per unit rates will be displayed for all charges
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(usage and/or monthly elements).
Invoice will include all adjustments, credits, debits and payments.10 Invoice will include all applicable taxes and surcharges. WSP will
calculate, bill, collect and remit applicable taxes and surcharges to the appropriate
authorities.
11 WSP's invoices to Owest will be provided on paper, unless a mechanized
format is mutually agreed upon.12 In no event will charges be billed in excess of ninety (90) Days after such
charges have been incurred.
13 WSP's invoice to Owest will include only Local Traffic originating from
Owest's Wireline End User Customers, and will not include traffic originated by any other
third party (such as a CLEC, an existing LEC, another Wireless Carrier, or unknown).
WSP will exclude ported numbers, before billing Owest, by utilizing an OBF supported
database to differentiate Owest End User Customer from ported End User Customers.14 If WSP is direct Billing Owest the L-M InterMTA factor will be applied to
the billed land to mobile minutes of use originated from Owest's network and terminated
to WSP and deducted from Owest total L-M MOU. No Reciprocal Compensation will be
paid by Qwest to WSP for such traffic. Owest may bill WSP interstate switched Access
Tariffed rates for this traffic.
WSP's invoice to Qwest will not include switched Access Traffic.
16 WSP'invoice will contain only the agreed upon measured usage
element charges.17 Back up data to the invoice will identify the Owest End User Customer
NPA NXX from which the call was originated , when requested.
Only completed calls (not attempts) will be billed.
Conversation minutes (not including connect time) will be billed.20 Minutes of Use (MOUs) will be aggregated at the end of the billing period,
with the aggregated amount rounded to the nearest whole minute. MOUs will not be
rounded on a per call basis.
Non-Local Traffic
Applicable Owest switched Access Tariff rates apply to Non-Local Traffic
routed to a Toll/Access Tandem, Local Tandem, or directly to an End Office. Applicable
Owest switched Access Tariff rates also apply to InterMTA and Roaming traffic
originated by, or terminating to, Owest. Relevant rate elements could include Direct
Trunked Transport, Tandem switching, Tandem Transmission , and Local switching, as
appropriate.
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For billing purposes, if either Party is unable to classify on an automated
basis traffic delivered by WSP as Mobile to Land (M-L) InterMTA, traffic, intrastate or
interstate, WSP will provide Owest with a Percent M-L InterMT A factor, which represents
the estimated portion of InterMT A traffic and Roaming traffic delivered by WSP. The M-
L InterMTA factor is also applied to the measured mobile to land minutes of use
terminated on Owest's network to determine the portion of InterMT A minutes to be billed
at interstate Access rates.
WSP will declare the M-L InterMTA factors initially and updated on a
quarterly basis and take effect on January 1 , April 1
, .
July 1 and October 1 of each year
of this Agreement unless otherwise agreed to by both Parties. WSP will provide the M-
InterMT A factors to Owest thirty (30) Days prior to their effective date. If WSP does not
provide a M-L InterMTA declaration either initially or quarterly, Owest will use a default of
five percent (5%) for the M-L InterMTA factor or the last declared M-L InterMTA factors,
whichever is greater. Mail all M-L InterMTA declarations to:
Qwest Corporation
Wireless Billing Manager
250 Bell Plaza
Room 601
Salt Lake City, UT 841119.4 For billing purposes, Owest will use a Land to Mobile (L-M) InterMTA
Percent Factor, which represents the estimated portion of total traffic delivered by Owest
to WSP that terminates (based on the first cell site of the Wireless End User Customer)
outside the MT A in which the call originated. The L-M InterMT A factor will be 10% unless
proven otherwise by WSP thirty (30) Days prior to their effective date. The L-
InterMTA factor can be reevaluated (per request from either party) annually, based upon
a study generated by WSP and acceptable by both parties.
If the Reciprocal Compensation Credit method is utilized , the L-
InterMT A factor will be multiplied by the calculated Owest originated Land to Mobile
Minutes of Use (MOU). Qwest may reduce Reciprocal Compensation Credit LM MOU
and bill WSP for the resulting MOU at interstate switched Access Tariff rates.
ISP Bound Traffic
10.ISP Bound Traffic
10.Subject to the terms of this Section, intercarrier compensation for
ISP-bound traffic exchanged between Owest and WSP will be billed pursuant to
rates in Exhibit A, without limitation as to the number of MOU ("minutes of use
or whether the MOU are generated in "new markets" as that term has been
defined by the FCC.
10.Identification of ISP-Bound traffic -- Owest will presume traffic delivered to
WSP that exceeds a 3:1 ratio of terminating (Owest to WSP) to originating (WSP to
Owest) traffic is ISP-bound traffic. Either Party may rebut this presumption
demonstrating the factual ratio to the state Commission. Traffic exchanged that is not
ISP bound traffic will be considered to be section 251 (b)(5) traffic. The provisions in this
Agreement apply regardless of how the ISP-bound traffic is determined.
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10.Rate Caps:
10.1 $.0007 per MOU from June 14, 2003 until thirty six
(36) months after the effective date or until further FCC action on
Intercarrier compensation, whichever is later.
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. 1i,p1!i.i!!i1-~~~'p,,~~J,!a~!~'!~~~~JJ~~~c."!j~Jti~.~I~U~J e s a e ommlsslon as
ordered the Parties to exchange ISP Bound Traffic subject to Bill and Keep and the
Parties shall do so.
Transit Traffic Rates
11.Local Transit:
11.Local Transit is any traffic that originates from one
Telecommunications Carrier s network, transits Owest's network, and terminates
to yet another Telecommunications Carrier s network within an EAS Local Area.
The applicable Type 2 Tandem switching and Tandem transmission rates at the
assumed mileage contained in Exhibit A of this Agreement, apply to the
originating Party.
11.When Owest receives an unqueried call from a
Telecommunications Carrier to a number that has been ported to another
Telecommunications Carrier central office within the Local Calling Area
and Owest performs the query, mileage sensitive Tandem transmission
rates will apply which reflect the distance to the End Office to which the
call has been ported.
11.To determine the responsible originating Carrier of
all calls for billing purposes, Owest and WSP are required to utilize the
Number Portability Administration Center (NPAC) database, or another
database that is supported by Ordering and Billing Forum (OBF).
11.Toll Transit
11.Toll Transit is any traffic that originates from one
Telecommunications Carrier s network, transits Owest's network , and terminates
to yet another Telecommunications Carrier s network between an EAS Local
area but within the LATA. The applicable Owest rate contained in Exhibit A of
this Agreement shall apply to the originating Party.
Jointly Provided Switched Access Services
12.Jointly Provided switched Access Service is defined and governed by the
FCC and State Access Tariffs, Multiple Exchange Carrier Access Billing (MECAB) and
Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines, and is not
modified by any provisions of this Agreement. Both Parties agree to comply with such
guidelines.
12.Owest will agree to function as the Access Service Coordinator (ASC) as
defined in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD).
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Owest will provide the operational , technical and administrative support required in the
planning, provisioning and maintenance involved in the joint access provisioning process
to the IXCs. Owest will be unable to fulfill the role of ASC if WSP does not fully comply
with MECOD requirements, including filing WSP End Offices and billed percentages
(BPs) in the NECA 4 Tariff.
12.Owest and WSP will each render a separate bill to the IXC, using the
multiple bill, multiple Tariff option.
12.4 A charge will apply for Category 11-01-XX records sent in an EMI
mechanized format. These records are used to provide information necessary for each
Party to bill the Interexchange Carrier for Jointly Provided switched Access Services and
axx database queries. The charge is for each record created and transmitted and is
listed in Exhibit A of this Agreement. The Parties will charge each other the rates set
forth in Exhibit A for record exchange.
12.If Jointly Provided switched Access data is not processed and delivered
by either Party (Owest or WSP) and sent to the other Party within ten calendar Days of
the relevant recording period and in turn such Party is unable to bill the Interexchange
Carrier for the appropriate charges, the Party who failed to deliver the data will pay the
other Party for the amount of the unbillable charges.
12.The applicable switched Access rates will be billed by the Parties to the
IXC based on MECAB guidelines and each Party s respective FCC and state Access
Tariffs.
Signaling Parameters
13.Telecommunications Carriers are required to provide each other the
proper signaling information (e., originating call party number and destination call party
number, etc.) to enable each Party to issue bills in a complete and timely fashion. All
CCS signaling parameters will be provided including Calling Party Number (CPN),
Originating Line Information (OLl), calling party category, charge number, etc. All
privacy indicators will be honored. If WSP fails to provide CPN (valid originating
information), and cannot substantiate technical restrictions (i.e.MF signaling) such
traffic will be billed as switched Access.
Ordering
6.4.When ordering Type 2 Service, the ordering Party shall specify requirements on
the Access Service Request: (ASR) 1) the type and number of Type 2 Interconnection facilities
to terminate at the Point of Interconnection in the Serving Wire Center; 2) the type of interoffice
transport, (i.e., Direct Trunked Transport or Tandem switched Transport); and 3) any optional
features. When the ordering Party requests facilities, routing, or optional features different than
those determined to be available, the Parties will work cooperatively in determining an
acceptable configuration , based on available facilities, equipment and routing plans.
6.4.For each NXX code assigned to WSP by the NANPA, WSP will provide Owest with
the CLLI codes of the Owest Tandems and WSP's Point of Interface to which traffic associated
with the NXX will be routed. For NXX codes assigned to existing Type 2 trunk groups, WSP will
also provide Owest with the Owest assigned Two-Six Code aka Trunk Group Serial Number
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(TGSN) to which each NXX will be routed.
6.4.When WSP has a DS3 Entrance Facility or has purchased a DS3 private line
facility, WSP will order the appropriate DS1 facility required and identify the channels of the DS3
to be used to provide circuit facility assignments. Also, if WSP has a DS1 Entrance Facility or
has purchased a DS1 private line facility, WSP will be responsible for identification of the DSO
channels of the DS 1 private line to be used to provide circuit facility assignment.
6.4.4 A joint planning meeting will precede WSP orders for Type 2 Interconnection at
new Points of Interconnection (POls). These meetings will result in agreement and commitment
that both Parties can implement the proposed plan and the transmittal of Access Service
Requests (ASRs) to initiate order activity. A Party requesting Tandem Interconnection will
provide its best estimate of the traffic distribution to each End Office subtending the Tandem.
6.4.Service intervals and due dates for initial establishment of trunking arrangements
at each location of Interconnection between the Parties will be determined on an Individual
Case Basis.
6.4.Service intervals and due dates for the establishment of subsequent trunking
arrangements for Interconnection between the Parties, will be in accordance with the guidelines
for Type 2 contained in the Wireless Carrier Resource Guide, available on Owest's web site:
http://www.Qwest.com/wholesale!pcatlwireless.html
6.4.WSP may cancel an order for Type 2 service at any time prior to notification by
Owest that service is available for WSP's use, subject to cancellation charges described in
State Access Tariffs. If WSP is unable to accept Type 2 Service within thirty (30) calendar Days
after the original service date, WSP has the following options:
6.4.The order for Type 2 Service will be cancelled , and cancellation charges
will apply, or Billing for the service will commence.
6.4.In such instances , the cancellation date or the date billing is to
commence, depending on which option is selected by WSP, will be the 31st calendar
Day beyond the original service date of the order for Type 2 Service.
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Collocation
SECTION 7.0 - COLLOCATION
Collocation allows for the placing of Telecommunications equipment owned by
WSP within Owest's premises that is necessary for accessing Interconnection and Ancillary
services. There are eight types of Collocation available: Virtual , Caged Physical, Shared Caged
Physical , Cageless Physical, Interconnection Distribution Frame (I CD F) (for Ancillary services
only), Adjacent Collocation, Common Area Splitter Collocation, and Remote Collocation.
Should the Parties desire to establish a Collocation relationship, the Parties will
enter into an Amendment to this Agreement and additional insurance requirements may apply.
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Unbundled Network Elements
SECTION 8.0 - Intentionally Left Blank
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Section 9
Ancillary Services
SECTION 9.0 - ANCILLARY SERVICES
Local Number Portability
Managed Cuts
Local Number Portability (LNP) is defined by the FCC as the ability of
users of Telecommunications Services to retain, at the same location, existing
telecommunications numbers without impairment of quality, reliability, or convenience
when switching from one Telecommunications Carrier to another.
WSP may order the LNP Managed Cut, as described in Section 9.
Parties understand that LNP order activity may be coordinated in
order to ensure that the end user is provided with uninterrupted service. If the
Party porting the telephone number experiences problems with its Port, and
needs to delay or cancel the Port, that Party shall notify the other Party
immediately. Parties will work cooperatively and take prompt action to delay or
cancel the Port in accordance with industry (LNPA's Working Group) accepted
procedures to minimize End User Customer service disruptions.
LNP Managed Cut: A Managed Cut permits WSP to select a project
managed cut for LNP. Managed Cuts are offered on a 24 X 7 basis.
The date and time for the managed cut requires up-front planning
and may need to be coordinated between Owest and WSP. All requests will be
processed on a first come , first served basis and are subject to Qwest's ability to
meet a reasonable demand. Considerations such as system downtime, switch
upgrades, switch maintenance, and the possibility of other WSPs requesting the
same FDT in the same switch (switch contention) must be reviewed. In the event
that any of these situations would occur, Qwest will coordinate with WSP for an
agreed upon FDT, prior to issuing the Firm Order Confirmation (FOC). In special
cases where a FDT must be agreed upon, the interval to reach agreement will
not exceed two (2) Days. In addition, standard intervals will apply.
WSP shall request a Managed Cut by submitting a Local Service
Request (LSR) and designating this order as a Managed Cut in the remarks
section of the LSR form. WSP must also populate Manual IND field with the
letter Y.
WSP will incur additional charges for the Managed Cut dependent
upon the FDT. The rates are based upon whether the request is within Owest's
normal business hours or out of hours. Owest's normal business hours are 7:00
m. to 7:00 p., end user local time, Monday through Friday. The rate for
Managed Cuts during normal business hours is the standard rate. The rate for
Managed Cuts out of hours, except for Sundays and Holidays, is the overtime
rate. Sundays and Holidays are at premium rate.
3.4 Charges for Managed Cuts shall be based upon actual hours
worked in one half (Y2) hour increments. Exhibit A of this Agreement contains the
rates for Managed Cuts. WSP understands and agrees that in the event WSP
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does not make payment for Managed Cuts, unless disputed as permitted under
Section 5.4 of the Agreement, Owest shall not accept any new LSR requests for
Managed Cuts.
Owest will schedule the appropriate number of employees prior to
the cut, normally not to exceed three (3) employees, based upon information
provided by WSP. WSP will also have appropriate personnel scheduled for the
negotiated FDT. If WSP's information is modified during the cut, and, as a result,
non-scheduled employees are required, WSP shall be charged a three (3) hour
minimum callout charge per each additional non-scheduled employee. If the cut
is either cancelled, or supplemented (supp) to change the due date, within
twenty-four (24) hours of the negotiated FDT, WSP will be charged a one person
three (3) hour minimum charge. If the cut is cancelled due to a Owest error or a
new due date is requested by Owest , within twenty-four (24) hours of the
negotiated FDT, Owest may be charged by WSP one person three (3) hour
minimum charge as set forth in Exhibit A.
In the event that the LNP Managed Cut LNP conversion is not
successful, WSP and Owest agree to isolate and fix the problem in a timeframe
acceptable to WSP or the Customer. If the problem cannot be corrected within
an acceptable timeframe to WSP or the Customer, WSP may request the restoral
of Owest service for the ported Customer. Such restoration shall begin
immediately upon request. If WSP is in error then a supplemental order shall be
provided to Qwest. If Owest is in error, no supplemental order or additional order
will be required of WSP.
Owest shall ensure that any LNP order activity requested in
conjunction with a Managed Cut shall be implemented in a manner that avoids
interrupting service to the end user, including, without limitation, ensuring that the
end user s Qwest Loop will not be disconnected prior to confirmation that
telephone number has been successfully ported.
Ouery Services
Owest shall perform default LNP queries where WSP is unable to perform
its own query. WSP shall perform default LNP queries where Qwest is unable to
perform its own query. Owest query services and charges are defined in Owest's FCC
Tariff #1, Section 13.19., including End Office and Tandem Default Query Charges
which are contained in Tariff Section 13 (Miscellaneous Service.
A Party shall be charged for a LNP query by the other Party only if the
Party to be charged is the N-1 carrier and it was obligated to perform the LNP query but
failed to do so. Parties are not obligated to perform the LNP query prior to the first Port
requested in a NXX.
911/E911 Service
Compliance with FCC Docket 94-102 necessitates the integration of
Wireless calls to the E911 network, which is separate from the Type 2 Interconnection.
This E911 connectivity must be between the Wireless Carrier switch and the
appropriate 911 selective router and must include provisions for the delivery of the
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Wireless End User Customer s call back telephone number and the location of the
originating cell tower for Phase I and the X, Y coordinate, within 157 meters, of the
calling party in lieu of the originating cell tower location, for Phase II. It is the Wireless
Carriers responsibility to arrange for compliance with this section of FCC 94-102. The
Parties will cooperate in the joint provision of Wireless E911 service, to include the
provisioning of the network and Automatic Location Identification (All)) Database, under
a separate agreement, which is compliant with the requirements of FCC docket 94-102
when a qualifying Public Safety Answering Point (PSAP) requests such service.
Intentionally Left Blank
Access to Poles, Ducts, Conduits, and Rights of Way see Exhibit D
Construction Charges
Owest will conduct an individual financial assessment of any request that
requires construction of network capacity, facilities, or space. When Owest constructs to
fulfill WSP's request, Owest will bid this construction on a case-by-case basis. Owest
will charge for the construction through nonrecurring charges and a term agreement for
the remaining recurring charge, as described in the Construction Charges Section.
When WSP orders the same or substantially similar service available to Qwest End User
Customers, nothing in this Section shall be interpreted to authorize Owest to charge
WSP for special construction where such charges are not provided for in a Tariff or
where such charges would not be applied to a Owest End User Customer.
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Section 10
Network Security
SECTION 10.0 - NETWORK SECURITY
10.Protection of Service and Property. Each Party shall exercise the same degree of
care to prevent harm or damage to the other Party and any third parties, its employees , agents
or End User Customers, or their property as it employs to protect its own personnel, End User
Customers and property, etc.
10.Each Party is responsible to provide security and privacy of communications. This
entails protecting the confidential nature of Telecommunications transmissions between End
User Customers during technician work operations and at all times. Specifically, no employee
agent or representative shall monitor any circuits except as required to repair or provide service
of any End User Customer at any time. Nor shall an employee, agent or representative disclose
the nature of overheard conversations, or who participated in such communications or even that
such communication has taken place. Violation of such security may entail state and federal
criminal penalties, as well as civil penalties. WSP is responsible for covering its employees on
such security requirements and penalties.
10.The Parties' Telecommunications networks are part of the national security
network, and as such, are protected by federal law. Deliberate sabotage or disablement of any
portion of the underlying equipment used to provide the network is a violation of federal statutes
with severe penalties , especially in times of national emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.
10.4 Each Party is responsible for the physical security of its employees , agents or
representatives. Providing safety glasses, gloves , etc. must be done by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibility of the employing Party. Proper use of tools , ladders
and test gear is the training responsibility of the employing Party.
10.In the event that one Party's employees, agents or representatives inadvertently
damage or impair the equipment of the other Party, prompt notification will be given to the
damaged Party by verbal notification between the Parties' technicians at the site or by
telephone to each Party's 24 x 7 security numbers.
10.Owest and WSP employees agents and vendors will
identification/access card above the waist and visible at all times.
display the
10.Owest and WSP shall ensure adherence by their employees, agents and vendors
to all applicable Qwest environmental health and safety regulations. This includes all fire/life
safety matters, OSHA, EPA, Federal , State and local regulations, including evacuation plans
and indoor air quality.
10.Revenue Protection. Qwest shall make available to WSP all present and future
fraud prevention or revenue protection features. These features include, but are not limited to
screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone
originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-
976, 700 and 500 numbers. Owest shall additionally provide partitioned access to fraud
prevention, detection and control functionality within pertinent Operations Support Systems
which include but are not limited to LlDB Fraud monitoring systems.
10.Uncollectable or unbillable revenues resulting from, but not confined to
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Provisioning, maintenance, or signal network routing errors shall be the responsibility of
the Party causing such error or malicious acts , if such malicious acts could have
reasonably been avoided.
10.To the extent that incremental costs are directly attributable to a revenue
protection capability requested by WSP , those costs will be borne by WSP.
10.To the extent that either Party is liable to any toll provider for fraud and to
the extent that either Party could have reasonably prevented such fraud , the Party who
could have reasonably prevented such fraud must indemnify the other for any fraud due
to compromise of its network (e., clip-on , missing information digits, missing toll
restriction, etc.
10.8.4 If Owest becomes aware of potential fraud with respect to WSP'
accounts, Qwest will promptly inform WSP and, and the direction of WSP, take
reasonable action to mitigate the fraud where such action is possible.
10.Law Enforcement Interface. Owest provides emergency assistance to 911 centers
and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day.
Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from
an emergency trap/trace or *57 trace; requests for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb
threats, extortion/scams, runaways and life threats.
10.10 Owest provides trap/trace, pen register and Title III assistance directly to law
enforcement, if such assistance is directed by a court order. This service is provided during
normal business hours Monday through Friday. Exceptions are addressed in the above
paragraph. The charges for these services will be billed directly to the law enforcement agency,
without involvement of WSP , for any lines served from Owest Wire Centers or cross boxes.
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Section 11
Access to ass
SECTION 11.0 . ACCESS TO OPERATIONAL SUPPORT SYSTEMS (055)
11.Description
11.Owest has developed OSS interfaces using an electronic gateway solution
consistent with the design prescribed by the FCC, Docket 96-98, FCC 96-325, paragraph 527.
These gateways act as a mediation or control point between WSP's and Owest's Operations
Systems. These gateways provide security for the interface, protecting the integrity of the
Owest network and its databases. Owest's operational systems interfaces have been
developed to support Pre-ordering, Ordering and Provisioning, Maintenance and Repair and
Billing. Included below is a description of the products and functions supported by Qwest OSS
interfaces and the technology used by each.
11.OSS Support for Pre.Qrdering, Ordering and Provisioning
11.ASR (Access Service Request) Ordering Process
11.Owest proposes the use of existing systems for orders placed using the
ASR (Access Service Request) process. Systems in place today (EXACT) adhere to the
existing standards directed by OBF (Ordering and Billing Forum). EXACT has an
interface that accepts batch files via ConnectDirect from customers. It is the WSP'
responsibility to obtain the appropriate software to access and interface with Qwest
systems:
11.An alternative system managed by Owest is one that customers access
via dial-up. This system, TEllS, allows customers to directly input ASRs into a secured
database and the customer can manage their ASRs accordingly. TEllS interfaces
through a batch file process with EXACT to correctly process ASRs. It is the WSP'
responsibility to obtain the appropriate software to access and interface with Owest
systems.
11.
TEllS.
Type 2 Interconnection can be ordered electronically via EXACT and
11.Functions
11.Access Service Request (ASR)
11.The ASR transaction allows WSP to submit an order.
11.Firm Order Confirmation (FOC)
11.
11.Once an ASR is accepted by Owest, the assigned service order
number(s) is returned to WSP. Firm Order Confirmation means that Qwest has
received the ASR, issued the order and assigned an order number for tracking.
In addition, it identifies the due dates Owest assigns to the order.
Facility Based EDI Listing Process
11.The Facility Based ED! Listing Process is a single interface from WSP to
Owest. This interface is compliant with OBF ASOG and ANSI ASC X.12 standards,
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version 4010. This interface enables WSP listing data to be translated and passed into
the Owest listing database. After Qwest'daily batch processing, a
Confirmation/Completion record (for every PON provided on input) is returned to WSP
via an EDI 855 transaction.
11.Owest will continue to make improvements to the electronic interfaces as
the technology evolves , providing notification to WSP consistent with the provisions of
this Section.
11.Hours of Operation
11.Owest Operational Support Systems will be available to WSP' consistent with the
Owest retail operations and internal processes that support pre-ordering, ordering and
provisioning, maintenance and repair, and billing as they are described in this Agreement.
11.Billing
11.4.For products billed out of the Owest lABS system , Owest will utilize the existing
CABS/BOg format and technology for the transmission of bills.
11.Outputs
11.lABS Bill - The lABS (Interexchange Access Billing System) Bill includes monthly
and one time charges plus a summary of any usage charges. These bills are segmented by
product, LATA, billing account number (BAN) and bill cycle. The lABS Bill media is only
provided in the following media:
Paper
NDM (Dedicated Circuit or dial-up)
InternetlWEB (read only)
Diskette
11.Files and Records
11.5.2.Category 11 Records: These Exchange Message Records (EMR)
provides mechanized record formats that can be used to exchange access usage
information between Qwest and WSP. For Transit Traffic, the originating company is
responsible to follow the EMR standard and to exchange records with both the transiting
company and the terminating company, to facilitate the billing process to the originating
network.
11.Category 11-XX-XX series records are used to exchange detailed access
usage information.
11.Category 11-XX-XX series records are used to exchange summarized
access minutes-of-use and 8XX database queries.
11.2.4 These mechanized records are available from Qwest in the following
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formats:
NDM (Dedicated Circuit or dial-up)
Internet WEB
11.A charge will apply for Category 11-XX-XX records sent by Owest to
WSP in an EMI mechanized format. These records are used to provide information
necessary for WSP to bill the originating carrier for jointly provided Access Services and
axx database queries. The charge is for each record created and transmitted and is
listed in Exhibit A of this Agreement.
11.Modifications to OSS Interfaces
11.WSP and Owest agree to discuss the modification of OSS interfaces based upon
evolving standards (e.g., data elements, protocols, transport networks, etc.) and guidelines
issued by or referenced by relevant Alliance for Telecommunication Industry Solution (ATIS)
Committees. Establishment of new, or changes to industry standards and guidelines will be
reviewed on no less than a quarterly basis commencing on the effective date of this Agreement.
This review will consider standards and guidelines that have reached final closure as well as
those published in final form. Both Parties agree to evaluate evolving standards and determine
the relevant modification to be implemented based upon the latest approved version adopted or
the latest version reflecting final closure by the relevant A TIS committee or subcommittee. The
Parties will use reasonable effort to reach closure upon the necessary changes within no more
than three (3) months of initiating each review and to implement the changes within nine (9)
months or earlier if reasonably possible, unless there is agreement to a different
implementation schedule.
11.In the course of establishing operational ready system interfaces between Owest
and WSP to support local service delivery, WSP and Owest may need to define and implement
system interface specifications that are supplemental to existing standards. WSP and Qwest
will submit such specifications to the appropriate standards committee and will work towards its
acceptance as a standard.
11.Release updates will be based on regulatory obligations as dictated by the FCC or
Commissions and , as time permits, the agreed to changes requested by the FORUM. Owest
will provide to WSP the features list for modifications to the interface ninety (90) Days prior to
any release date. Specifications for interface modifications will be provided to WSP three (3)
weeks prior to the release date. WSP is required to upgrade to the current release within six (6)
months of the installation date.
11.6.4 This Section constitutes the entirety of the OSS agreement. Nothing beyond what
is described herein should be implied or inferred.
11.7 WSP Responsibilities for Implementation of OSS Interfaces
11.Before any WSP implementation can begin, WSP must completely and accurately
provide detailed information needed by Qwest tQ establish service for WSP.
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11.Wholesale Services (WS) Systems Help Desk
11.The WS Systems Help Desk will provide a single point of entry for WSP to gain
assistance in areas involving connectivity and File Outputs. These areas are further describedbelow.
11.Connectivity
11.Connectivity covers trouble with WSP's access to the Owest
System for modem configuration requirements; T1 configuration and dial in string
requirements; firewall access configuration; SecurlD configuration; Profile Setup
and password verification.
11.File Outputs
11.
Report.
11.The WS Systems Help Desk does not support status or trouble while the
Service Order is processing through the ISC.
File outputs system errors are limited to lABS Bill and Category
11.1.4 Hours of Operation
11.1.4.The WS Systems Help Desk is available Monday through Friday,
6:00 a.m. until 8:00 p.m. Mountain Time, excluding Owest holidays.
11.Intentionally Left Blank
11.10 Compensation/Cost Recovery
11.10.Recurring and nonrecurring OSS startup charges, as applicable, will be
billed at rates set forth in Exhibit A. Any such rates will be consistent with Existing
Rules. Owest shall not impose any recurring or nonrecurring OSS startup charges
unless and until the Commission authorizes Owest to impose such charges and/or
approves applicable rates at the completion of appropriate cost docket proceedings.
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Section 12
Maintenance and Repair
SECTION 12.0 - MAINTENANCE AND REPAIR
12.Service levels
12.Owest will provide repair and maintenance for all services covered by this
Agreement in substantially the same time and manner as that which Owest provides for itself, its
End User Customers, its Affiliates, or any other party.
12.During the term of this Agreement, Owest will provide necessary maintenance
business process support to allow WSP to provide similar service quality to that provided by
Owest to its End User Customers.
12.Owest will perform repair service that is substantially the same in timeliness and
quality to that which it provides to itself, its End User Customers, its Affiliates, or any other party.
Trouble calls from WSP shall receive response time priority that is substantially the same as
that provided to Owest, its End User Customers, its Affiliates, or any other party and shall be
handled in a nondiscriminatory manner
12.Service Interruptions
12.The characteristics and methods of operation of any circuits, facilities or equipment
of either Party connected with the services, facilities or equipment ofthe other Party pursuant to
this Agreement shall not: 1) interfere with or impair service over any facilities of the other Party,
its affiliated companies, or its connecting and concurring Carriers involved in its services; 2)
cause damage to the plant of the other Party, its affiliated companies, or its connecting
concurring Carriers involved in its services; 3) violate any applicable law or regulation regarding
the invasion of privacy of any communications carried over the Party's facilities; or 4) create
hazards to the employees of either Party or to the public. Each of these requirements is
hereinafter referred to as an "Impairment of Service
12.If it is confirmed that either Party is causing an Impairment of Service, as set forth
in this Section , the Party whose network or service is being impaired (the "Impaired Party") shall
promptly notify the Party causing the Impairment of Service (the "Impairing Party") of the nature
and location of the problem. The Impaired Party shall advise the Impairing Party that, unless
promptly rectified, a temporary discontinuance of the use of any circuit, facility or equipment
may be required. The Impairing Party and the Impaired Party agree to work together to attempt
to promptly resolve the Impairment of Service. If the Impairing Party is unable to promptly
remedy the Impairment of Service, the Impaired Party may temporarily discontinue use of the
affected circuit, facility or equipment.
12.To facilitate trouble reporting and to coordinate the repair of the service provided
by each Party to the other under this Agreement, each Party shall designate a repair center forsuch service.
12.2.4 ,Each Party shall furnish a trouble reporting telephone number for the designated
repair center. This number shall give access to the location where records are normally located
and where current status reports on any trouble reports are readily available. If necessary,
alternative out-of-hours procedures shall be established to ensure access to a location that is
staffed and has the authority to initiate corrective action.
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12.Before either Party reports a trouble condition , it shall use its best efforts to isolate
the trouble to the other s facilities.
12.In cases where a trouble condition affects a significant portion of the
other s service, the Parties shall assign the same priority provided to other
interconnecting WSPs and itself.
12.The Parties shall cooperate in isolating trouble conditions.
12.Trouble Isolation
12.WSP is responsible for its own End User Customer base and will have the
responsibility for resolution of any service trouble report(s) from its End User Customers. WSP
will perform trouble isolation on services it provides to its End User Customers to the extent the
capability to perform such trouble isolation is available to WSP, prior to reporting trouble to
Owest. Owest will work cooperatively with WSP to resolve trouble reports when the trouble
condition has been isolated and found to be in a portion of Owest's network. Owest and WSP
will report trouble isolation test results to each other. Each Party shall be responsible for the
costs of performing trouble isolation on its facilities.
12.A Maintenance of Service charge shall apply if the trouble is not in Owest's
facilities, including Owest's facilities leased by WSP. Maintenance of Service charges are set
forth in Exhibit A. When trouble is found on Qwest's side of the Point of Interface during the
investigation of the initial or repeat trouble report for the same line or circuit within thirty (30)
Days, Maintenance of Service charges shall not apply again.
12.Work Center Interfaces
12.4.Qwest and WSP shall work cooperatively to develop positive, close working
relationships among corresponding work centers involved in the trouble resolution processes.
12.Misdirected Repair Calls
12.WSP and Owest will employ the following procedures for handling misdirected
repair calls:
12.WSP and Qwest will provide their respective End User Customers with
the correct telephone numbers to call for access to their respective repair bureaus.
12.End User Customers of WSP shall be instructed to report all cases of
trouble to WSP. End User Customers of Owest shall be instructed to report all cases of
trouble to Owest.
12.To the extent the correct provider can be determined, misdirected repair
calls will be referred to the proper provider of Basic Exchange Telecommunications
Service.
12.1.4 WSP and Qwest will provide their respective repair contact numbers to
one another on a reciprocal basis.
12.In responding to repair calls, neither Party shall make disparaging
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remarks about each other, nor shall they use these repair calls as the basis for internal
referrals or to solicit End User Customers to market services. Either Owest or WSP may
respond with accurate information in answering End User Customer questions.
12.Major Outages/Restoral/Notification
12.Owest will notify WSP of major network outages in substantially the same time and
manner as it provides itself, its End User Customers, its Affiliates, or any other party. This
notification will be via e-mail to WSP's identified contact. With the minor exception of certain
Proprietary Information, Owest will utilize the same thresholds and processes for external
notification as it does for internal purposes. This major outage information will be sent via e-
mail on the same schedule as is provided internally within Owest. The email notification
schedule shall consist of initial reports of abnormal condition and estimated restoration
time/date, abnormal condition updates, and final disposition. Service restoration will be non-
discriminatory, and will be accomplished as quickly as possible according to Qwest and/or
industry standards.
12.Owest will meet with associated personnel from WSP to share contact information
and review Qwest's outage restoral processes and notification processes.
12.Owest's emergency restoration process operates on a 7X24 basis.
12.Protective Maintenance
12.Owest will perform scheduled maintenance of substantially the same quality to that
which it provides to itself, its End User Customer, its Affiliates, or any other party.
12.Owest will work cooperatively with WSP to develop industry-wide processes to
provide as much notice as possible to WSP of pending maintenance activity. Owest shall
provide notice of potentially WSP's End User Customer impacting maintenance activity, to the
extent Owest can determine such impact, and negotiate mutually agreeable dates with WSP in
substantially the same time and manner as it does for itself, its End User Customers, its
Affiliates, or any other party.
12.Owest shall advise WSP of non-scheduled maintenance, testing, monitoring, and
surveillance activity to be performed by Owest on any Services, including, to the extent Owest
can determine, any hardware, equipment, software, or system providing service functionality
which may potentially impact WSP and/or WSP's End User Customers. Owest shall provide the
maximum advance notice of such non-scheduled maintenance and testing activity possible
under the circumstances; provided, however, that Owest shall provide emergency maintenance
as promptly as possible to maintain or restore service and shall advise WSP promptly of any
such actions it takes.
12.Hours of Coverage
12.Owest's repair operation is seven days a week, 24 hours a day. Not all functions
or locations are covered with scheduled employees on a 7X24 basis. Where such 7X24
coverage is not available, Owest's repair operations center (always available 7X24) can call-out
technicians or other personnel required for the situation.
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12.Escalations
12.Owest will provide trouble escalation procedures to WSP. Such procedures will be
substantially the same type and quality as Owest employs for itself, its End User Customers, its
Affiliates, or any other party. Owest escalations are manual processes.
12.Qwest repair escalations may be initiated by either calling the trouble-reporting
center or through the electronic interfaces. Escalations sequence through five tiers: tester, duty
supervisor, manager, director, vice president. The first escalation point if the tester. WSP may
request escalation to higher tiers in its sole discretion. Escalation status is available through
telephone and the electronic interfaces.
12.10 Dispatch
12.10.Owest will provide maintenance dispatch personnel in substantially the same time
and manner as it provides for itself, its End User Customers, its Affiliates, or any other party.
12.10.Upon the receipt of a trouble report from WSP , Qwest will follow internal and
industry standards to resolve the repair condition. Owest will dispatch repair personnel on
occasion to repair the condition. It will be Owest's decision whether or not to send a technician
out on a dispatch. Owest reserves the right to make this dispatch decision based on the best
information available to it in the trouble resolution process. It is not always necessary to
dispatch to resolve trouble. Should WSP require a dispatch when Qwest believes the dispatch
is not necessary, appropriate charges will be billed by Owest to WSP for those dispatch-related
costs in accordance with Exhibit A Maintenance of Service charges if Owest can demonstrate
that the dispatch was in fact unnecessary to the clearance of trouble or the trouble is identified
to be caused by WSP facilities or equipment.
12.11 Electronic Reporting
12.11.WSP may submit Trouble Reports through the Electronic Bonding or GUI
interfaces provided by Qwest.
12.11.The status of manually reported trouble may be accessed by WSP through
electronic interfaces.
12.12 Intervals/Parity
12.12.Trouble conditions reported on behalf of WSP will receive commitment intervals in
substantially the same time and manner as Owest provides for itself, its End User Customers
its Affiliates, or any other party.
12.13 Jeopardy Management
12.13.Owest will notify WSP in substantially the same time and manner as Owest
provides this information to itself, its End User Customers, its Affiliates, or any other party that a
trouble report commitment (appointment or interval) has been or is likely to be missed. At
WSP's option, notification may be sent by email or fax. WSP may telephone Owest repair
center or use the electronic interfaces to obtain jeopardy status.
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12.14 Trouble Screening
12.14.WSP shall screen and test its End User Customer s trouble reports completely to
insure, to the extent possible, that it sends to Owest only trouble reports that involve Owest
facilities. For services and facilities where the capability to test all or portions of the Owest
network service or facility rest with Owest, Owest will make such capability available to WSP to
perform appropriate trouble isolation and screening.
12.14.Owest will cooperate with WSP to show WSP how Owest screens trouble
conditions in its own centers, so that WSP will employ similar techniques in its centers.
12.15 Maintenance Standards
12.15.Owest will cooperate with WSP to meet the maintenance standards outlined in this
Agreement.
12.15.On manually reported trouble, Owest will inform WSP of repair completion in
substantially the same time and manner as Owest provides to itself, its End User Customers, its
Affiliates, or any other party. On electronically reported trouble reports the electronic system will
automatically update status information, including trouble completion , across the joint electronic
gateway.
12.16 End User Customer Interfaces
12.16.WSP will be responsible for all interactions with its End Users Customers including
service call handling and notifying its End User Customers of trouble status and resolution.
12.17 Single Point of Contact
12.17.Owest will provide a single point of contact for WSP to report maintenance issues
and trouble reports seven days a week, twenty-four hours a day. A single 7X24 trouble
reporting telephone number will be provided to WSP for each category of trouble situation being
encountered.
12.18 Network Information
12.18.Owest maintains an information database, available to WSP for the purpose of
allowing WSP to obtain information about Owest's NPAs , LATAs, Access Tandems and Central
Offices.
12.18.
Web site.
This database is known as the ICONN database , available to WSP via Owest'
12.18.NXX Activity Reports are included in this database.
12.18.4 ICONN is updated in substantially the same time and manner as Owest updates
the same data for itself, its End User Customer, its Affiliates, or any other party.
12.19 Maintenance Windows
12.19.Generally, Owest performs major switch maintenance activities off-hours , during
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certain "maintenance windows
12.19.Generally, the maintenance window is between 10:00 p.m. through 6:00 am
Monday through Friday, and Saturday 1 0:00 p.m. through Monday 6:00 am, Mountain Time.
12.19.Although Owest normally does major switch maintenance during the above
maintenance window, there will be occasions where this will not be possible.
12.19.4 Planned generic upgrades to Owest switches are included in the ICONN database
available to WSP via Owest's Web site.
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Section 13
Access To Telephone Numbers
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS
13.Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party's right to request an assignment of any NANP number resources
including, but not limited to, Central Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC
Commission Order. The latest version of the Guidelines will be considered the current
standard.
13.North American Numbering Plan Administration (NANPA) has transitioned to
NeuStar. Both Parties agree to comply with Industry guidelines and Commission rules
including those sections requiring the accurate reporting of data to the NANPA.
13.It shall be the responsibility of each Party to program and update its own switches
and network systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and
route traffic to the other Party s assigned NXX or NXX-X codes. Neither Party shall impose any
fees or charges on the other Party for such activities. The Parties will cooperate to establish
procedures to ensure the timely activation of NXX assignments in their respective networks.
13.4 Each Party is responsible for administering numbering resources assigned to it.
Each Party will cooperate to timely rectify inaccuracies in its LERG data. Each Party is
responsible for updating the LERG data for NXX codes assigned to its switches. Each Party
shall use the LERG published by Telcordia or its successor for obtaining routing information and
shall provide through an authorized LERG input agent, all required information regarding its
network for maintaining the LERG in a timely manner.
13.Each Party shall be responsible for notifying its End User Customers of any
changes in numbering or dialing arrangements to include changes such as the introduction of
new NPAs.
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Section 14
Local Dialing Parity
SECTION 14.0 - LOCAL DIALING PARITY
14.The Parties shall provide local dialing parity to each other as required under
Section 251 (b )(3) of the Act. Qwest will provide local dialing parity to competing Carriers of
telephone Exchange Service and telephone Toll Service, and will permit all such Carriers to
have non-discriminatory access to telephone numbers, Operator Services (OS), Directory
Assistance (DA), and Directory Listings (DL), with no unreasonable dialing delays. WSP may
elect to route all of its End User Customers calls in the same manner as Owest routes its End
User Customers calls, for a given call type (e., 0, 0+, 1+411), or WSP may elect to custom
route its End User Customers' calls differently than Owest routes its End User Customer s calls.
Additional terms and conditions with respect to customized routing are described in this
Agreement
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SECTION 15.0 Intentionally Left Blank
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Section 15
Qwest DEX
Section 16
Bona Fide Request Process
SECTION 16.0 . BONA FIDE REQUEST PROCESS
16.Any request for Interconnection or Ancillary service that is not already available as
described in other sections of this Agreement, including but not limited to Exhibit F or any other
Interconnection Agreement, Tariff or otherwise defined by Owest as a product or service shall
be treated as a Bona Fide Request (BFR). Owest shall use the BFR Process to determine the
terms and timetable for providing the requested Interconnection or Ancillary services and the
technical feasibility of new/different points of Interconnection. Owest will administer the BFR
Process in a non-discriminatory manner.
16.A BFR shall be submitted in writing and on the appropriate Owest form for BFRs.
WSP and Owest may work together to prepare the BFR form and either Party may request that
such coordination be handled on an expedited basis. This form shall be accompanied by the
non-refundable Processing Fee specified in ExhibitA of this Agreement. Owest will refund on-
half of the Processing Fee if the BFR is cancelled within ten (10) business Days of the receipt of
the BFR form. The form will request, and WSP will need to provide, the following information
and may also provide any additional information that may be reasonably necessary in
describing and analyzing WSP's request:
16.technical description of each requested new or different point of
Interconnection or Ancillary service;
16.
16.
the desired interface specification;
each requested type of Interconnection or access;
16.2.4 a statement that the Interconnection or Ancillary service will be used to
provide a Telecommunications Service;
16.
16.
the quantity requested;
the specific location requested;
16.Within two (2) business Days of its receipt, Owest shall acknowledge receipt of the
BFR and in such acknowledgment advise WSP of missing information, if any, necessary to
process the BFR. Thereafter, Owest shall promptly advise WSP of the need for any additional
information required to complete the analysis of the BFR. If requested, either orally or in writing,
Owest will provide weekly updates on the status of the BFR.
16.4 Within twenty-one (21) calendar Days of its receipt of the BFR and all information
necessary to process it, Owest shall provide to WSP an analysis of the BFR. The preliminary
analysis shall specify Owest's conclusions as to whether or not the requested Interconnection is
technically feasible.
16.If Qwest determines during the twenty-one (21) Day period that a BFR does not
qualify as an Interconnection or Ancillary service that is required to be provided under the Act or
state law, Qwest shall advise WSP as soon as reasonably possible of that fact, and Owest shall
promptly, but in no case later than the twenty-one Day period , provide a written report setting
forth the basis for its conclusion.
16.If Owest determines during such twenty-one (21) Day period that the BFR qualifies
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under the Act or state law, it shall notify WSP in writing of such determination within ten (10)
calendar Days, but in no case later than the end of such twenty-one (21) Day period.
16.As soon as feasible, but in any case within forty-five (45) calendar Days after
Owest notifies WSP that the BFR qualifies under the Act, Owest shall provide to WSP a BFR
quote. The BFR quote will include, at a minimum, a description of each Interconnection and
Ancillary service, the quantity to be provided, any interface specifications, and the applicable
rates (recurring and nonrecurring) including the separately stated development costs and
construction charges of the Interconnection Ancillary service and any minimum volume and term
commitments required, and the timeframes within which the request will be provisioned.
16.A WSP has sixty (60) business Days upon receipt of the BFR quote, to either
agree to purchase under the quoted price, or cancel its BFR.
16.If WSP has agreed to minimum volume and term commitments under the
preceding paragraph, WSP may cancel the BFR or volume and term commitment at any time
but may be subject to termination liability assessment or minimum period charges.
16.10 If either Party believes that the other Party is not requesting, negotiating or
processing any BFR in good faith, or disputes a determination or quoted price or cost, it may
invoke the Dispute Resolution provision of this Agreement.
16.11 All time intervals within which a response is required from one Party to another
under this Section are maximum time intervals. Each Party agrees that it will provide all
responses to the other Party as soon as the Party has the information and analysis required to
respond , even if the time interval stated herein for a response is not over.
16.12 In the event WSP has submitted a Request for an Interconnection or Ancillary
services and Owest determines in accordance with the provisions of this Section 16 that the
request is technically feasible , subsequent requests or orders for substantially similar types of
Interconnection or Ancillary services by that WSP shall not be subject to the BFR process. To
the extent Owest has deployed or denied a substantially similar Interconnection or Ancillary
services under a previous BFR, a subsequent BFR shall not be required and the BFR
application fee shall be refunded immediately. ICB pricing and intervals will still apply for
requests that are not yet standard offerings. For purposes of this Section 16., a "substantially
similar" request shall be one with substantially similar characteristics to a previous request with
respect to the information provided pursuant to Subsections 16.1 through 16.6 of Section
16.2 above. The burden of proof is upon Owest to prove the BFR is not substantially similar to
a previous BFR.
16.The total cost charged to WSP shall not exceed the BFR quoted price.
16.14 Upon request, Owest shall provide WSP with Owest's supporting cost data and/or
studies for the Interconnection or Ancillary service that WSP wishes to order within seven (7)
business Days, except where Qwest cannot obtain a release from its vendors within seven (7)
business Days, in which case Owest will make the data available as soon as Owest receives
the vendor release. Such cost data shall be treated as Confidential Information, if requested by
Owest under the non-disclosure sections of this Agreement.
16.15 Owest shall make available a topical list of the BFRs that it has received with
WSPs under this Agreement. The description of each item on that list shall be sufficient to allow
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WSP to understand the general nature of the product, service, or combination thereof that has
been requested and a summary of the disposition of the request as soon as it is made. Owest
shall also be required upon the request of WSP to provide sufficient details about the terms and
conditions of any granted requests to allow WSP to elect to take the same offering under
substantially identical circumstances. Owest shall not be required to provide information about
the request initially made by WSP whose BFR was granted, but must make available the same
kinds of information about what it offered in response to the BFR as it does for other products or
services available under this Agreement. WSP shall be entitled to the same offering terms and
conditions made under any granted BFR, provided that Owest may require the use of ICB
pricing where it makes a demonstration to WSP of the need therefore.
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Section 17
Special Request Process
SECTION 17.0 - SPECIAL REQUEST PROCESS
17.Special Request Process shall be used for the following requests:
17.Requesting specific product feature(s) be made available by Owest that
are currently available in a switch, but which are not activated.
17.Requesting specific product feature(s) be made available by Owest that
are not currently available in a switch, but which are available from the switch vendor.
17.Any request that requires an analysis of technical feasibility shall be treated as a
Bona Fide Request (BFR), and will follow the BFR Process set forth in this Agreement. The
BFR process shall be used for, among other things, the following:
17.
Agreement.
Requests for Interconnection not already available as described in this
17.A Special Request shall be submitted in writing and on the appropriate Owest form,
which is located on Owest's website. The form must be completely filled out.
17.4
receipt.
Owest shall acknowledge receipt of the Special Request within 5 business Days of
17.Qwest shall respond with a preliminary analysis, including costs and timeframes
within 15 business Days of receipt of the Special Request. 17.All timeframes will be met
unless extraordinary circumstances arise. In such a situation, WSP and Owest will negotiate a
reasonable response timeframe.
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Section 18
Audit Process
SECTION 18.0 - AUDIT PROCESS
18.1 "Audit" shall mean the comprehensive review of:
18.Data used in the billing process for services performed , including
reciprocal compensation, and facilities provided under this Agreement; and
18.Data relevant to provisioning and maintenance for services performed or
facilities provided by either of the Parties for itself or others that are similar to the
services performed or facilities provided under this Agreement.
18.The data referred to above shall be relevant to any performance indicators that are
adopted in connection with this Agreement, through negotiation, arbitration or otherwise. This
Audit shall take place under the following conditions:
18.Either Party may request to perform an Audit.
18.The Audit shall occur upon thirty (30) business Days written notice by the
requesting Party to the non-requesting Party.
18.The Audit shall occur during normal business hours.
18.2.4 There shall be no more than two Audits requested by each Party under
this Agreement in any 12-month period.
18.The requesting Party may review the non-requesting Party's records
books and documents, as may reasonably contain information relevant to the operation
of this Agreement.
18.The location of the Audit shall be the location where the requested
records, books and documents are retained in the normal course of business.
18.All transactions under this Agreement which are over twenty-four (24)
months old will be considered accepted and no longer subject to Audit. The Parties
agree to retain records of all transactions under this Agreement for at least 24 months.
18.Each Party shall bear its own expenses occasioned by the Audit
provided that the expense of any special data collection shall be born by the requesting
Party .
18.The Party requesting the Audit may reqllest that an Audit be conducted
by a mutually agreed-to independent auditor. Under this circumstance, the costs of the
independent auditor shall be paid for by the Party requesting the Audit.
18.10 In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties.
18.11 The Parties agree that if an Audit discloses error(s), the Party responsible
for the error(s) shall , in a timely manner, undertake corrective action for such error(s).
All errors not corrected within thirty (30) business Days shall be escalated to the Vice-
Type 2 Wireless Interconnection Model Template
Date/initials/WSP Name/State/CDS-OOOO-OOOO
Section 18
Audit Process
President level.
18.All information received or reviewed by the requesting Party or the independent
auditor in connection with the Audit is to be considered Proprietary Information as defined by
this Agreement. The non-requesting Party reserves the right to require any non-employee who
is involved directly or indirectly in any Audit or the resolution of its findings as described above
to execute a nondisclosure agreement satisfactory to the non-requesting Party. To the extent
an Audit involves access to information of other competitors, WSP and Owest will aggregate
such competitors' data before release to the other Party, to insure the protection of the
proprietary nature of information of other competitors. To the extent a competitor is an affiliate
of the Party being audited (including itself and its subsidiaries), the Parties shall be allowed to
examine such affiliates' disaggregated data, as required by reasonable needs of the Audit.
Type 2 Wireless Interconnection Model Template
Date/initials/WSP Name/State/CDS-OOOO-OOOO
Section 19
Construction Charges
SECTION 19.0 - CONSTRUCTION CHARGES
19.Owest will conduct an individual financial assessment of any request which
requires construction of network capacity, facilities, or space for access. When Owest
constructs to fulfill WSP's request, Owest will bid this construction on a case-by-case basis.
Owest will charge for the construction through non-recurring charges and a term agreement for
the remaining recurring charge, as described in the Construction Charges Section of this
Agreement. When the WSP orders the same or substantially similar service available to Owest
End User Customers, nothing in this Section shall be interpreted to authorize Owest to charge
WSP for special construction where such charges are not provided for in a Tariff or where such
charges would not be applied to a Owest End User Customer.
Type 2 Wireless Interconnection Model Template
Datelinitials/WSP Name/State/CDS-OOOO-OOOO
Section 20
Network Standards
SECTION 20.0 - NETWORK STANDARDS
20.The Parties recognize that Owest services and Network Elements have been
purchased and deployed, over time, to Telcordia and Owest technical standards. Specification
of standards is built into the Qwest purchasing process, whereby vendors incorporate such
standards into the equipment Owest purchases. Owest supplements generally held industry
standards with Owest Technical Publications.
20.The Parties recognize that equipment vendors may manufacture
Telecommunications equipment that does not fully incorporate and may differ from industry
standards at varying points in time (due to standards development processes and consensus)
and either Party may have such equipment in place within its network. Except where otherwise
explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided
said equipment does not pose a security, service or safety hazard to persons or property.
20.Generally accepted and developed industry standards which the Parties agree to
support include, but are not limited to:
20.Switching
GR-954-CORE LlDB
GR-2863-CORE AIN
GR-1428-CORE Toll Free Service
GR-1432-CORE TCAP
GR-905-CORE ISUP
GR-1357-CORE switched Fractional DS1
GR-1298-CORE AIN switching System Generic Requirements
GR-1299-CORE AIN Service Control Point Adjunct Interface Generic
Requirements
TR-NWT-001284 AIN 0.1 switching System Generic Requirements
GR-905-CORE Common Channel Signaling Network Interface Specification
GR-1432-CORE CCS Network Interface Specification Telcordia TR-TSY-000540,
Issue 2R2
GR-305-CORE
GR-1429-CORE
GR-2863-CORE
FR-64 LATA LSSGR
Type 2 Wireless Interconnection Model Template
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Section 20
Network Standards
GR-334-CORE Switched Access Service
TR-NWT-000335 Voice Grade Special Access Services
TR- TSY -000529 Public LSSGR
TR-NWT-000505 LSSGR Call Processing
FR-NWT-0002710SSGR
TR-NWT-001156 OSSGR Subsystem
SR-TSY-001171 ~ystem Reliability Analysis
20.Transport
Telcordia FR-440
TR-NWT-000499 (TSGR) Transport Systems Generic Requirements
GR-820-CORE Generic Transmission Surveillance; DS 1 and DS3 Performance
GR-253-CORE Synchronous Optical Network Systems (SONET)
TR-NWT-000507 Transmission
TR-NWT-000776 NID for ISDN Subscriber Access
TR-INS-000342 High Capacity Digital Special Access Service
ST-TEC-000051 & 52 Telecommunications
Handbooks Volumes 1 & 2
Transmission Engineering
ANSI T1.102-1993 Digital Hierarchy- Electrical Interface; Annex B
20.Loops
TR-NWT-000057 Functional Criteria for Digital Loop Carrier Systems Issue 2
TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital
Subscriber Lines
GR-253-CORE SONET Common Generic Criteria
TR-NWT-000303 Integrated Digital Loop Carrier System Generic Requirements
TR-TSY-000673 Operations Interface for an IDLC System
GR-303-CORE Issue Integrated Digital Loop Carrier System Generic
Requirements
TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital
Type 2 Wireless Interconnection Model Template
Date/initials/WSP Name/State/CDS-OOOO-OOOO
Section 20
Network Standards
Subscriber Lines
TR-TSY-000008 Digital Interface Between the SLC 96 Digital Loop Carrier
System and a Local Digital switch
TR-NWT -008 and 303
T A- TSY -000120 Subscriber Premises or Network Ground Wire
GR-49-CORE Generic Requirements for Outdoor Telephone Network Interface
Requirements
TR-NWT-000239 Indoor Telephone Network Interfaces
TR-NWT-000937 Generic Requirements for Outdoor and Indoor Building
Entrance
TR-NWT-000133 Generic Requirements for Network Inside Wiring
20.3.4 Local Number Portability
Generic Requirements for SCP Application and GTT Function for Number
Portability, ICC LNP Workshop SCP Generic Requirements Subcommittee.
Generic Switching and Signaling Requirements for Number Portability, Version
03, ICC LNP Workshop Switch Generic Requirements Subcommittee
September 4, 1996.
Generic Operator Services Switching Requirements for Number Portability, Issue
, Tech Rep, Illinois Number Portability Workshop, 1996.
Number Portability Operator Services Switching Systems (Revision of T1.TRO.
1999) T1.TRO.2001
Number Portability Switching Systems (Revision of T1.TRO.1999) T1.TRO.02-
2001
Number Portability Database and Global Title Translation T1.TRO.03-1999
FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC
96-286; CC Docket 95-116, RM 8535; Released July 2 1996;
FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74; CC
Docket 95-116, RM 8535; Released March 11, 1997.
FCC Second Report and Order, FCC 97-298; CC Docket 95-116, RM 8535;
Released August 18, 1997.
FCC Third Report and Order, FCC 98-82; CC Docket 95-116, RM 8535;
Released May 12, 1998.
FCC Wireless LNP deadline to 11/24/03, FCC 02-215; CC Docket 95-116; WT
Type 2 Wireless Interconnection Model Template
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Section 20
Network Standards
Docket 01-184; Released July 2002.
20.4 The Parties will cooperate in the development of national standards for
Interconnection elements as the competitive environment evolves. Recognizing that there are
no current national standards for Interconnection Network Elements, Owest has developed its
own standards for some Network Elements, including:
Expanded Interconnection and Collocation for Private Line Transport and Switched
Access Services - #77386
Competitive Local Exchange Carrier Installation/Removal Guidelines - #77390
20.Owest Technical Publications have been developed to support service offerings
inform End User Customers and suppliers, and promote engineering consistency and
deployment of developing technologies. Owest provides all of its Technical Publications at no
charge via website: http://www.Qwest.com/techpub/.
Qwest now provides all Technical Publications to WSPs for no charge via the internet.
Type 2 Wireless Interconnection Model Template
Date/initials/WSP Name/State/CDS-OOOO-OOOO
SECTION 21.0 - SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective duly authorized representatives.
WSP Qwest Corporation
Signature Signature
LT. Christensen
Name Printed/TypedName Printed/Typed
Title
Director- Interconnection Agreements
Title
Date Date
Type 2 Wireless Interconnection Model Template
Date/initials/WSP Name/State/CDS-OOOO-OOOO
TYPE 1 and TYPE 2 PAGING CONNECTION
SERVICE AGREEMENT
between
Qwest Corporation
and
(Paging Provider)
State of (*
AGREEMENT NUMBER
CDS-(*
April 29, 2005/Paging Model Type 1 & 2J Agreement CLEC name/state
Amendment to CDS-OOOOOOOOOO
4. P AGI NG TRAFFIC... ............ ....... ...... ........... ........................ .................. ............. 11
10.5. INTERCONNECTION F ACI LITI ES........................ ..... ..................... .................... 17
METHODS OF INTERCONNECTION ........................................................................2. QUALITY OF INTERCONNECTION....................................................................... 17
/l Deleted: 186. TYPE 2 COMPENSATION FOR DELIVERY OF QWEST ORIGINATED TRAFFIC~:::Deleted: 17
RESERVED FOR FUTURE USE......................................................................... 19
10. ACCESS TO TELEPHONE NUMBERS .............................................................. 20
10.
SECTION 11.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) .............
11.DESCRIPTION ................................................................................................. 21
11.OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING................ 21
11.HOURS OF OPERATION ................................................................................... 22
11.BILLI NG ......................................................................................................... 22
11.OUTPUTS ......
............... ...."... ............ ......
............................." ........................ 22
11.MODIFICATIONS TO OSS INTERFACES
"""""'."""""""".""""""""""""""""
Deleted: 23
11.(WSP) RESPONSIBILITIES FOR IMPLEMENTATION OF OSS INTERFACES............. 23 -Deleted: 22
11.WHOLESALE SERVICES (WS) SYSTEMS HELP DESK......................................... 23
11.INTENTIONALLY LEFT BLANK........................................................................... 24
11.10 COMPENSATION/COST RECOVERY............................................................... 24
12. TERM OF AGREEMENT .....................................................................................
Table of Contents
RESERVATION OF RIGHTS; CHANGES IN THE LAW.......................................
SCOPE OF AG REEM ENT
.. .......
.............................. ............ .........."...... ............... 2
DEFINITIONS........................................................................................................ 6
SCOPE ...........................................................................................................
TYPES OF TRAFFIC
......................................................................................... g-~:
Deleted: 13
RATE STRUCTURE - TYPE 1.............................................................................13 -Deleted: 12
RATE STRUCTURE - TYPE 2 .............................................................................1i-.c:
- -
- Deleted: 14BILLING PARAMETERS ....................................................................................14 -letedDe : 13MISCELLANEOUS CHARGES... .............. .........................."... .................. .......... 15
EQUIPMENT INTERFACE
.......... ...... ........... ............ ........
.........".... .................... 15
COOPERATIVE TESTING... ......... ............. ................. ............ ...... ......... ............. 15
NEW OR CHANGES TO PAGING CONNECTION SERVICE; FORECASTING ..............
MILEAGE MEASUREMENT........... ...................................... .....",....................... 16
SERVICE 1M P AlRM ENT ...... ....... ............... ..." ..................... ...................... ......... 19
CO LLOCA TION ............ ............. .............. ............................. .................... .......... 20
NUMBER RESOURCES ARRANGEMENTS. .......................................................... 20
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13.PAYMENT ...........................................................................................................
14. MISCELLAN EOUS TERMS.. ....... ..................... ..... ............... ...... ........................ 26
14.1. GENERAL PROVISIONS ....................................................................................
14.3. TAXES............................ ................................................................................ 27
14.4. FORCE MAJEURE...
"""""""""" ................................. ............... ..................... ~- - - -
Deleted: 28
14.5. LIMITATION OF LIABILITY ................................................................................. 28 -Deleted: 27
14.6. INDEMNITY
.............................. """"""""""""
.............. ........... ...................... ~-c::
- - -
Deleted: 2914.7. INTEllECTUAL PROPERTY ..............................................................................30 -etedDel :2814.8. WARRANTIES """""""""""""""""""""""""""""'"....................................
14.9. ASSIGNMENT """""""""""""""""""""""""""'".............................................
14.10. DEFAULT
.......................................................................................................... g -- -
Deleted: 33
14.11. DISCLAIMER OF AGENCY................................................................................... 33 -
- -
Deleted: 32
14.12. NONDISCLOSURE.....
........................ """"""""""""""""""""'"
...................... 33
14.13. SURVIVAL....................... ...........
""""""""""""'" ........ ..................... ............... ~- - - -
Deleted: 35
14.14. DISPUTE RESOLUTION..................................................................................... 35 -Deleted: 34
14.15. CONTROLLING LAW.............. ................... ................. ......................... ............... 36
14.16. JOINT WORK PRODUCT .....................................................................................
14.17. RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION ....................................
14.18. NOTICES............................ .............................................................................. 36
14.19. RESPONSIBiliTY OF EACH PARTY ...................................................................... 37
14.20. No THIRD PARTY BENEFICIARIES ...................................................................... 37
14.21. REFERENCED DOCUMENTS. ........ ....... ...................................... .......................... 37
14.22. PUBLICITY ........................................................................................................
14.23. AMENDMENT.....................................................................................................
14.24. EXECUTED IN COUNTERPARTS .................... ................................. ...................... 38
14.25. HEADINGS OF No FORCE OR EFFECT .................................................................
14.26. REGULATORY APPROVAL...
"""""""""""
....... .................. ...,............................ 38
14.27. COMPLIANCE ............ ............... ................................. ..................... ................... 38
14.28. COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW ENFORCEMENT
ACT OF 1994 ("CALEA") ............................................................................................ ;llL_Deleted: 39
14.29 COOPERA nON
................................. ...... ....... ........"......... ......... .............
......... 39 -
- -
Deleted: 38
14.30. AVAILABILITY OF OTHER AGREEMENTS ........................................................
14.31. ENTIRE AGREEMENT .....................................................,................................... 39
15.BONA FI DE REQUEST.................... ....... ............... ................... ........... ...............
16.CO NSTRUCTION CHARG ES ..... ..............
....................................... ............ .......
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE......................................... 51
Exhibit A - Rate Sheets
April 29, 2005/Paglng Model Type 1 & 2/ Agreement CLEC name/slate
Amendment to CDS-OOOOOOOOOO
TYPE 1 and Type 2 PAGING CONNECTION AGREEMENT
This Type 1 and Type 2 Paging Connection Service Agreement, is between (*1), a
corporation "Paging Provider" and Qwest Corporation. ("Qwest") , a Colorado
corporation.
Paging Provider is licensed to provide paging services by the Federal
Communications Commission ("FCC"). Qwest and Paging Provider both are engaged in
providing telecommunications and other services and have agreed to connect their
facilities for the purpose of delivering land to pager traffic.
WHEREAS, Paging Provider is a Commercial Mobile Radio Service provider
under the Communications Act of 1934, as amended (the "Act") licensed by the Federal
Communications Commission ("FCC"
WHEREAS, Qwest is an incumbent local exchange carrier ("ILEC"
NOW THEREFORE each Party, intending to be legally bound, hereby covenants
and agrees as follows:
RESERVATION OF RIGHTS; CHANGES IN THE LAW
The provisions in this Agreement are intended to be in compliance with
and based on the existing state of the law, rules, regulations and interpretations
thereof, including but not limited to state rules, regulations, and laws, as of
March 11, 2005 (the Existing Rules). Nothing in this Agreement shall be deemed
an admission by Qwest or Paging Provider concerning the interpretation or effect
of the Existing Rules or an admission by Qwest or Paging Provider that the
Existing Rules should not be changed, vacated, dismissed, stayed or modified.
Nothing in this Agreement shall preclude or estop Qwest or Paging Provider from
taking any position in any forum concerning the proper interpretation or effect of
the Existing Rules or concerning whether the Existing Rules should be changed,
vacated, dismissed, stayed or modified. To the extent that the Existing Rules
are vacated, dismissed, stayed or materially changed or modified, then this
Agreement shall be amended to reflect such legally binding modification or
change of the Existing Rules. Where the Parties fail to agree upon such an
amendment within sixty (60) Days after notification from a Party seeking
amendment due to a modification or change of the Existing Rules or if any time
during such sixty (60) Day period the Parties shall have ceased to negotiate such
new terms for a continuous period of fifteen (15) Days, it shall be resolved in
accordance with the Dispute Resolution provision of this Agreement. It is
expressly understood that this Agreement will be corrected, or if requested by
Paging Provider, amended as set forth in this section, to reflect the outcome of
generic proceedings by the Commission for pricing, service standards, or other
matters covered by this Agreement. Any amendment shall be deemed effective
on the effective date of the legally binding change or modification of the Existing
Rules for rates, and to the extent practicable for other terms and conditions
unless otherwise ordered. Where a Party provides notice to the other Party
within thirty (30) Days of the effective date of an order issuing a legally binding
April 29, 2005/Paging Model Type 1 & 2/ Agreement CLEC name/state
Amendment to CDS-OOOOOOOOOO
change, any resulting amendment shall be deemed effective on the effective
date of the legally binding change or modification of the Existing Rules for rates,
and to the extent practicable for other terms and conditions, unless otherwise
ordered. In the event neither Party provides notice within (thirty) 30 Days, the
effective date of the legally binding change shall be the Effective Date of the
amendment unless the Parties agree to different date. During the pendency of
any negotiation for an amendment pursuant to this Section, the Parties shall
continue to perform their obligations in accordance with the terms and conditions
of this Agreement. For purposes of this section, "legally binding" means that the
legal ruling has not been stayed, no request for a stay is pending, and any
deadline for requesting stay designated by statute or regulation, has passed.
In addition to, but not in limitation of, Section 1.1. above, nothing
in this Agreement shall be deemed an admission by Qwest or Paging
Provider concerning the interpretation or effect of the FCC's decision and
rules adopted in In the Matter of Review of the Section 251 Unbundling
Obligations of Incumbent Local Exchange Carriers; Implementation of the
Local Competition Provisions of the Telecommunications Act of 1996;
Deployment of Wireline Services Offering Advanced Telecommunications
Capability, CC Docket Nos. 01-338, 96-98 and 98-147, nor rules
regulations and interpretations thereof, including but not limited to state
rules, regulations, and laws as they may be issued or promulgated
regarding the same ("Decision(s)"). Nothing in this Agreement shall
preclude or estop Qwest or Paging Provider from taking any position in
any forum concerning the proper interpretation or effect of Decisions or
concerning whether the Decision should be changed, vacated, dismissed,
stayed or modified.
SCOPE OF AGREEMENT
This Agreement covers Type 1 and Type 2 Paging Connection Service
which consists only of those one-way, intraLATAlintrastate, land-to-pager trunks,
which deliver calls from Qwest's End Users to Paging Provider's POCo Upon
Commission approval of this Agreement, Qwest shall provide these trunks to itself
within the local calling area, without charge to the Paging Provider except
defined in Sections 4.3 and 4.4. These trunks shall receive all incoming paging
calls at Qwest's Local Tandem, LATA Tandem, or Wire Center/End Office serving
the geographic area in which Paging Provider's POC is located and shall deliver
paging traffic to Paging Provider's POC(s). This Agreement includes all
accompanying appendices and attachments.
Facilities for Delivery of Third Party Traffic
Qwest will deliver calls it receives for Paging
Provider from third party carrier to Paging Provider's POC over
the same facilities and trunks used to deliver Qwest's End User
originated paging traffic.
Facilities for Delivery of Enhanced Services Traffic
This Agreement recognizes the unique status of traffic delivered
April 29, 2005/Paging Model Type 1 & 21 Agreement GLEG name/state
Amendment to GDS-OOOOOOOOOO
to enhanced service providers. For purposes of this Agreement,
Enhanced Services traffic, such as voice-mail, is not
Compensable Traffic. Additionally, traffic originated by one Party,
and delivered to the other Party, which in turn delivers the traffic
to an Internet Service Provider (a) shall be deemed interstate in
nature, (b) shall not qualify as Compensable Traffic under this
Agreement, and (c) Qwest shall not be obligated to deliver such
traffic to Paging Provider under this Agreement.
In the performance of their obligations under this Agreement, the Parties
shall act in good faith and consistently with the intent of the Act. Where
notice, approval or similar action by a Party is permitted or required by any
provision of this Agreement, (including, without limit, the obligation of the
Parties to further negotiate the resolution of new or open issues under this
Agreement) such action shall not be unreasonably delayed, withheld or
conditioned.
Because Type 1 and Type 2 Paging Connection Service is provided by
Qwest to Qwest, all orders for Type 1 and Type ' 2 Paging Connection
Service are placed by Qwest at its sole discretion. Paging Provider is not
authorized and shall not attempt to place orders to any telecommunications
carrier for or on behalf of Qwest. Paging Provider agrees to pay Qwest for
all telecommunications services it. orders or requests on its own behalf from
Qwest pursuant to applicable federal and state tariffs or separate written
agreements.
Qwest will not permit its own End Users to use Type 1 Paging Connection
Service to deliver traffic to Paging Provider's Enhanced Services
operations, if any, where such Enhanced Services operations constitute
Paging Provider's primary business. Paging Provider shall not assign
numbers associated with Type 1 or Type 2 Paging Connection Service to
its Enhanced Services operation that constitute a primary business.
This Agreement doe$ not cover delivery of traffic from Paging Provider's
network to Qwest's network. Should Paging Provider desire to deliver
traffic to Qwest, the Parties shall negotiate in good faith a separate
agreement for two way traffic exchange. However, such an agreement
shall not supersede, amend or terminate this Agreement without the
Parties' express written instruction.
Delivery of Paging Traffic
1. Qwest's Type 1 and Type 2 Paging Connection Service delivers
paging traffic to the Paging Provider's POC(s) as identified in
Appendix B.
2. Pursuant to joint planning as specified in the Forecasting section of
this Agreement, Qwest alone shall determine all aspects and
elements of the Type 1 and Type 2 Paging Connection Service
facilities that it provides itself, including, but not limited to, design
location, quantities, distance, etc. Qwest shall base this
April 29, 2005/Paging Model Type 1 & 21 Agreement GLEG name/state
Amendment to GDS-OOOOOOOOOO
determination on the minimum requirements specified by the Act,
the FCC rules, as well technical and economic efficiency
considerations, e.g., network requirements. Qwest shall monitor its
usage on Type 1 and Type 2 Paging Connection Service and will
reconfigure trunk groups as it deems necessary. Qwest reserves
the right to review, revise or modify its Type 1 and Type 2 Paging
Connection Service at any time for any lawful business reason. All
circuits and equipment provided by Qwest will always be wholly
owned and operated by Qwest. Qwest agrees to establish and
maintain facilities based on appropriate industry standards.
3. Notwithstanding the other provisions of this Agreement, Qwest
agrees that it will not modify or revise existing facilities used to
provide its Paging Connection Service for a period of ninety (90)
days from the Effective Date of this Agreement.
6.4. Paging Provider's and Qwest's equipment and systems will be
compatible, and will be consistent with normally accepted industry
standards as defined in Telcordia Technical Reference GR-145-
CORE entitled "Compatibility Information for Interconnection of a
Wireless Services Provider and a Local Exchange Carrier Network"1. Paging Provider will provide a voice intercept
announcement or distinctive signals to the calling party when a
call is directed to a number that is not assigned.
6.4.2. When Qwest is not able to complete calls because
of malfunction, Qwest will provide proper voice announcement or
distinctive signals to the calling party advising that the call cannot
be completed.
6.4.3. Paging Provider and Qwest will provide supervisory
tones or voice announcements to the calling party on all calls
consistent with standard industry practices.
6.4.4 Paging Provider shall provide a sufficient quantity of
equipment ports to accommodate the number of trunks provided
by Qwest.
Type 1 and Type 2 Paging Connection Service shall be provided
upon Commission approval of this Agreement.
Type 1 Paging Connection Service
1 Subject to Section 2., Paging Provider may
designate new or additional POCs anywhere within the
LATA.
1 Billing Demarcation Point:
The Billing Demarcation Point
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Amendment to CDS-OOOOOOOOOO
between Owest's and Paging Provider s networks
shall be located within the LATA at either (i) 37.
airline miles (60 miles in Washington) from the
Owest Serving Wire Center of the Paging
Provider s Point of Connection where the facility is
connected when such Serving Wire Center is
located within the LATA and more than 37.5 airline
miles from the Owest End Office that houses the
DID numbers, or (ii) at the Owest Serving Wire
Center of Paging Provider s Point of Connection
when such Serving Wire Center is located within
the LATA and less than 37.5 airline miles from the
Owest End Office that houses the DID numbers.
Paging Provider is only responsible for recurring
charges for Third Party Traffic between the Billing
Demarcation Point and Paging Provider's Point of
Connection. Such charges will be assessed
pursuant to Appendix A, Section I.
When the Billing Demarcation Point
is established at the 37.5 mile mark as described
in 2.1 (i) above, the Paging Provider shall
pay only the recurring mileage based rates for the
portion of the facility from the Billing Demarcation
Point to the Owest End Office that houses the DID
numbers. Paging Provider shall not pay any
portion of port charges, or other costs associated
with such facilities. Such mileage charges will be
assessed pursuant to Appendix A, Section I.
If Paging Provider has any full NXX
codes deployed using a Type 1 connection,
Paging Provider will take reasonable steps to
convert these to a Type 2 connection within a
reasonable period of time after the Approval Date
hereof.
Paging Provider may utilize DID numbers located in
a Owest Wire Center/End Office within the EAS/Local Calling Area
of the Paging Provider s POCo In cases where facilities extend
beyond the EAS/Local Calling Area, Paging Provider must pay
Owest for Dedicated Transport pursuant to the applicable Owest
tariff from the Owest Wire Center/End Office where the DID
numbers reside to the Owest Wire Center/End Office serving the
Paging Provider's POCo Such service is not included in the Type 1
Paging Connection Service which Owest provides itself and is
beyond the scope of this Agreement.
Type 2 Paging Connection Service
April 29, 2O05fPaging Model Type 1 & 21 Agreement GLEG name/state
Amendment to GDS-OOOOOOOOOO
Within a LATA, Paging Provider may designate
multiple POCs at which it wishes to receive paging traffic from
Qwest. Each such P~C shall receive traffic from the Qwest Local
Tandem, LATA Tandem, or Wire Center/End Offices serving the
geographic area in which the P~C is located. Type 2 Paging
Connection Service shall never extend beyond the boundaries of
the geographic area of Qwest's Wire Center/End Office/Tandem
serving Paging Provider's P~C. Qwest shall not be responsible for
providing, maintaining or paying for facilities used to connect
Paging Provider POC(s) to Paging Provider's equipment or
network.
8. This Agreement is only for the delivery of land-to-pager traffic from
Qwest to Paging Provider's P~C and is not an undertaking by either Party
to provide the services of the other.
9. Any proposed post-installation changes of systems, operations or
services which would materially affect the other Party's system, operation
or services must be coordinated with the other Party by giving as much
advance notice as is reasonable, and in no event in less than ninety (90)
days, of the nature of the changes and when they will occur.
Non recurring charges incurred due to Paging
Provider's relocation or equipment change will be paid in advance
by Paging Provider to Qwest.10. If the authorized service areas of Qwest or Paging Provider
change, the Parties agree to negotiate any necessary modifications to this
Agreement in good faith.
DEFINITIONS
1. "Act" means the Communications Act of 1934 (47 U.C. 151 et.seq.), as
amended by the Telecommunications Act of 1996, and as from time to time
interpreted in the duly authorized rules and regulations of the Courts, FCC or
competent regulatory bodies.
2. "Billing Demarcation Point" ("BOP") shall be the specified point on an
interconnection facility where financial responsibility for the facility shifts from one
party to this Agreement to the other party to this Agreement as contemplated by
Section 2.6.4. There need be no physical demarcation of the Billing
Demarcation Point.
3. "Calling Party Number" or "CPN" is a Common Channel Signaling
("CCS") parameter which refers to the number transmitted through a network
identifying the calling party. Reference Telcordia Technical Pub. 77342.
3.4. "Central Office Switch" means a switch used to provide
telecommunications services, and includes End Office Switches and Tandem
Office Switches.
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1. "End Office Switches" which are used to terminate customer
station loops for the purpose of interconnecting to each other and
trunks; and
3.4.2. "Tandem Office Switches" are switches that are used to connect
and switch trunk circuits between and among other End Office Switches.
Access Tandems ("Access Tandems ) exchange access traffic, Toll
Tandems ("Toll Tandems ) exchange intraLATA toll traffic and Local
Tandems exchange EAS/Local traffic.
5. "Collocation" is an arrangement where space is provided in a Qwest
Central Office for the placement of (Paging-Provider)'s transmission equipment
to be used for the purpose of Interconnection with Qwest Unbundled Network
Elements or Local Interconnection Service. Qwest offers four Collocation
arrangements: Virtual Collocation, Physical Collocation, Cageless Physical
Collocation and Interconnection Distribution Frame (ICDF) Collocation.
6. "Commercial Mobile Radio Service
" ("
CMRS") is a mobile service that is:
(a)(1) provided for profit; (2) an interconnected service; and (3) available to the
public, or to such classes of eligible users as to be effectively available to a
substantial portion of the public; or (b) the functional equivalent of such a mobile
service described in (a) above.
7. "Commission" means the state regulatory agency with lawful jurisdiction
over telecommunications.
8. "Common Channel Signaling" or "CCS" means a method of digitally
transmitting call set-up and network control data over a special signaling network
fully separate from the public voice switched network elements that carry the
actual call. The CCS protocol used by the Parties shall be Signaling System 7.
9. "Compensable Traffic" means the portion of all traffic delivered by Qwest
to Paging Provider upon which terminating compensation is to be paid, if any, as
set forth in Appendix A.
10. "Dial Tone Office" means the Qwest Central Office in which the DID
numbers assigned to the Paging Provider are housed, which may be different
than the Serving Wire Center.
11. "Digital Signal Level" means one of several transmission rates in the time
division traffic aggregation hierarchy.
11.1. "Digital Signal Level 0" or "DSO" is the 64 KBPS worldwide
standard speed for digitizing one voice conversation using pulse code
modulation. There are 24 DSO channels in a DS1.
11.2. "Digital Signal Level 1" or "DS1" means the 1.544 MBPS fir~t-Ievel
signal in the time-division traffic aggregation hierarchy. In the time-
division traffic aggregation hierarchy of the telephone network, DS1 is the
initial level of traffic aggregation.
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11.3. "Digital Signal Level 3" or "DS3" means the 44.736 MBPS third-
level signal in the time-division traffic aggregation hierarchy. In the time-
division traffic aggregation hierarchy of the telephone network, DS3 is
defined as the third-level of traffic aggregation.
12. "End User(s)" means a third-party (residence or business) that subscribes
to Telecommunications Services provided by either of the Parties.
13. "Enhanced Services" are services offered over common Paging Provider
transmission facilities used in communications, which employ computer
processing applications that act on the format, content, code, protocol or similar
aspects of the subscriber s transmitted . information; provide the subscriber
additional, different or restructured information; or involve subscriber interaction
with stored information. Enhanced Services includes, but is not limited to,
internet traffic and voicemail.
14. "FCC" means the Federal Communications Commission and any
successor federal agency that performs the same or substantially the same
regulatory functions.
15. "Interexchange Carrier" or "IXC" means a carrier that provides, directly or
indirectly, interLATA or intraLATA Telephone Toll Services.
16. "InterLATA" is telecommunications between a point located in a LATA
and a point located outside such LATA.
17. "IntraLATA" is telecommunications between two points located within a
single LATA.
18. "IntraLATA Toll" is defined in accordance with Owest's IntraLATA toll
serving areas, as determined by the state Commission.
19. "LATA Tandem" will have the same meaning as "Toll Tandem" in the
context of this Agreement.
20. "Local Access and Transport Area (LATA)" means a contiguous
geographic area: (a) established before the date of enactment of the
Telecommunications Act of 1996 by a Bell operating company such that no
exchange area includes points within more than one metropolitan statistical area,
consolidated metropolitan statistical area, or State, except as expressly
permitted under the AT&T Consent Decree; or (b) established or modified by a
Bell operating company after such date of enactment and approved by the FCC
21. "Local Calling Area" or "LCA" is a geographic area defined either by the
MT A or the Owest Extended Area Service (EAS) boundaries.
21.1. "MTAILocal" means the geographic area defined by the MTA
within which Paging Provider provides CMRS services. Traffic excluded
from MT AILocal includes roaming traffic, as defined in the FCC First
Report and Order 96-325 47CFR 51701 (b) (2), and Switched Access
traffic.
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21.2. "Extended Area Service (EAS)/Local Traffic" means the
geographic area defined by the EAS boundaries as determined by the
Commission and defined in Qwest's Local and/or General Exchange
Service Tariff within whichcLEC customers may complete a landline call
without incurring toll charges. Traffic rated and routed within the same
EAS boundary is considered to be EAS/Local for purposes of this
Agreement.
22. "Local Tandem" is a Qwest switching system that switches calls to and
from end offices within the state Commission defined wireline Local Calling Area
for call completion.
23. "MTA" or Major Trading Area" is a geographic area established in Rand
McNally s Commercial Atlas and Marketing Guide, as modified and used by the
FCC in defining CMRS license boundaries for CMRS providers for purposes of
Sections 251 and 252 of the Act.
24 "Miscellaneous Charges" mean charges that Qwest may assess in
addition to recurring and nonrecurring rates set forth in Exhibit A, for activities
Paging Provider requests Qwest to perform . activities Paging Provider
authorizes, or charges that are a result of Paging Providers actions, such as
cancellation charges, expedite charges, and charges for additional labor and
maintenance. Miscellanebus Charges are not already included in Qwest'
recurring or nonrecurring rates. Miscellaneous Charges are listed the applicable
tariff, catalog, or price list.
25. "Network Access Channel" or "NAC" means the dedicated facility
between the Paging Provider s POC and the Qwest Serving Wire Center.
Channel is a DSO level connection and Channel Facility is either a DS1 or DS3
level connection. NAC is also commonly referred to as an Entrance Facility.
26. "Non-Local" is traffic that is interMTA, roaming, and/or Switched Access
traffic. For traffic delivered to Paging Provider, Non-Local includes all traffic
carried by an IXC, traffic destined for Paging Provider's subscribers that are
roaming in a different MTA, and all I nterMTAlI ntraLATA traffic.
27. "North American Numbering Plan" or "NANP" means the numbering plan
used in the United States that also serves Canada, Bermuda, Puerto Rico and
certain Caribbean Islands. The NANP format is a 10-digit number that consists
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.
28. "NXX" means the fourth, fifth and sixth digits of a ten-digit telephone
number, and designates a Central Office Code
29. "Order" means any order, writ, injunction, decree, stipulation, decision, or
award entered or rendered by the Commission or the FCC.
30. "Party" means either Qwest or Paging . Provider and "Parties" means
Qwest and Paging Provider.
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31. "Point of Connection" or "POC" is the connection point(s) between Paging
Provider and Qwest; the technical interface(s), test point(s) and point(s) for
operational division of responsibility. Paging Provider must have at least one
physical P~C in each LATA, and within Qwest serving territory, where Paging
Provider provides CMRS service. Additional pac's may be established as
described in Section 5 of this Agreement
32. "Rate Center" means the specific geographic point (the "Rating Point"
and corresponding geographic area that are associated with one or more
particular NPA-NXX codes that have been assigned to a telecommunications
carrier. The geographic point is identified by a specific vertical and horizontal ("V
& H") coordinate that is used, in conjunction with the V & H coordinate of other
rate centers, by Qwest to calculate distance-sensitive rates for End User traffic.
33. "Serving Wire Center" (SWC) denotes the Qwest office from which dial
tone for local exchange service will, absent special arrangements, be provided to
Qwest End Users.
34 "Signaling Transfer Point" or "STP" means a signaling point that performs
message routing functions and provides information for the routing of messages
between signaling end points. An STP transmits, receives and processes
Common Channel Signaling ("CCS") messages.
35. "Switched Access Traffic or InterLATA Toll Traffic" as specifically defined
in Qwest's state and interstate switched access tariffs, enters the Qwestnetwork
at the IXC point of presence, and is delivered to the Paging Provider's paging
terminal.
36. "Tariff" as used throughout this Agreement refers to Qwest interstate
tariffs and state tariffs, price lists, price schedules and catalog, as listed on the
website httpl/tariffs.uswestcomf', and service agreements , as further identified
in Appendix A.
37. "Telecommunications Services means the offering
telecommunications for a fee directly to the public, or to such classes of users as
to be effectively available directly to the public, regardless of the facilities used.
38. "Third Party Traffic" means both Transit Traffic and Non-Local Traffic.
39 "Traffic Type" is the characterization of traffic as "local" (local includes
EAS), "toll" traffic outside of the incumbent local exchange carrier s Local Calling
Area established by the applicable tariffs, or Transit Traffic as defined below.
40. "Transit Traffic" is traffic that originates with a telecommunications carrier
other than Qwest that transits Qwest's network and is delivered to the Paging
Provider's POCo The sending and receiving parties are not End Users of Qwest,
the transiting tandem telecommunications carrier.
41. "Trunk Group" is a set of trunks of common routing origin and destination
and which serve a like purpose or function.
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42. "V and H Coordinate" means vertical and horizontal geographical cross
points on a map used to determine distance.
43. "Wire Center" denotes a building or space within a building, that serves
as an aggregation point on a given Paging Provider s network, where
transmission facilities are connected or switched. Wire Center can also denote a
building where one or more central offices, used for the provision of Basic
Exchange Telecommunications Se.rvices and access services, are located.
Serving Wire Center typically serves a specific geographic area.
3.44. "Wireless Service Request" or "WSR" means the standard forms and
supporting documentation used for requesting Wireless Services. The WSR will
be used to request trunking and facilities between Paging Provider and Qwest
for Wireless Interconnection Service.
3.45. Terms not otherwise defined here, but defined in the Act or in regulations
implementing the Act, shall have the meaning defined there.
PAGING TRAFFIC
Scope
1. Traffic exchange covered by this Agreement is for one-way
paging service only. Other services are covered by separate contract
tariff or price lists.
2. Type 1 Paging Service is a one-way final route trunk group
between Qwest's Serving Wire Center, or in some circumstances the Dial
Tone Office, and Paging Providers' POC(s).1. Qwest provides the following: the transmission
medium; signaling and supervision. Maintenance and restoral are
provided as detailed in the applicable sections of the state tariffs.
Restoral is subject to the terms of the Telecommunications
Service Priority System (TSP) for National Security and
Emergency Preparedness Telecommunication (FCC #1 , Section
10.10).
3. Type 2 Service is a one-way intraLA T AIintrastate final route Trunk
Group between Qwest's Local and LATAlToll Tandems (Type 2A) and
End Office Switches (Type 2B) and a Paging Provider Point of
Connection (POC). Each Type 2 Paging Service arrangement requires
connection to both the Qwest Local and LATAlToll Tandems which serve
the Rate Center assigned to the Paging Provider s NNX. Additionally,
when traffic volumes to an end office reach 512 centum call seconds
(ccs), a Type 2B high use trunk group will be required to that end office.
When a Local Tandem is not available to provide Type 2A Local trunks, a
Type 2B Full Group connection to each End Office within the EAS/Local
Calling Area is required Qwest and Paging Provider shall utilize out of
band signaling where technically feasible for both Parties. Type 2A and
2B Services are defined in the following paragraphs.
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1. Type 2A Paging Service is a one-way intraLATA
final route trunk group between Qwest's Local and LATA/Toll
Tandem switches and Paging Providers' POC(s).
1. The Type 2A Local Service connects a
Qwest Local Tandem to a Paging Provider s P~C and
delivers traffic from NXXs served by the end offices
subtending the Local Tandem to the Paging Provider.
2. The Type 2A LATA/Toll Tandem Service
connects Qwest LATA/Toll Tandem to Paging
Provider s P~C, and delivers traffic from the subtending
End Offices to the Toll Tandem.
Wireless Type 28 High Use Service
The Type 28 High Use Service is a direct, one-way trunk
group connection between Paging Provider s P~C and a Qwest
end office, within the same LATA, with overflow traffic routed over
an associated Type 2A trunk group to the Qwest designated localtandem. Type 28 High Use service is only available in
conjunction with an associated Type 2A service and is offered
only where facilities and operating conditions permit.
1. Pursuant to joint planning as specified in
the Forecasting section of this Agreement, Qwest will
require a Type 28 dedicated (I.e., direct) one-way
Primary High Use trunk group from the Paging Provider
P~C directly to the Qwest end office. Type 28 High Use
Service is based on forecasted or actual traffic at Paging
Provider's busy hour in centum call seconds (ccs), where
there is a DS1's worth of traffic (512 ccs) between
Paging Provider s P~C and a Qwest end office. During
peak busy hours, an associated Type 2A local trunk
group accepts overflow traffic from the 28 High Use
group.3. Wireless Type 28 Full Group Service
The Type 28 Full Group Service is a direct, one-way trunk group
connection between Paging Provider s P~C and a Qwest End
Office, within the same LATA. Each 28 Full Group serves only
the individual End Office and not the entire EAS/Local Calling
Area. There is no overflow capability to an alternative trunk
group on a Type 28 direct final full trunk group configuration.
Only telephone numbers associated with the Qwest End Office
and the Paging Provider's POC are accessible from this trunk
group.
1. A Type 28 Full Group connection is
required to each End Office in the EAS/Local Calling
Area when a Qwest Local Tandem is not available.
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These connections are in addition to the connection to
the Qwest Toll/LATA Tandem which serves the Rate
Center assigned to the Paging Provider's NNX.
Types of Traffic
1. The traffic types Qwest will deliver to Paging Provider under this
Agreement include:
1. EAS/Local as defined in this Agreement.
2. IntraLATA Toll as defined in this Agreement.
3. Transit Traffic as defined in this Agreement
1.4. Non-Local traffic as defined in this Agreement.
Rate Structure - Type 1
Type 1 land to pager traffic will be exchanged on a Bill and Keep basis
between the Parties. This means that the facilities provided by Qwest to
Paging Provider for traffic originating on or transiting Qwest's network from
another carrier, will be provided at no charge to Paging Provider and
Paging Provider will not bill Qwest usage charges for terminating Qwest
originated traffic.
1. Connection from Serving Wire Center
Applicable rate elements for digital service include
channel and channel facility, connectivity and dial outpulsing.
Applicable rate elements for analog service include channel,
connectivity and dial outpulsing. See Billing Parameters for
further definitions. The digital option is available only where Qwest
facilities exist, or where the Paging Provider agrees to pay Special
Construction to build necessary facilities. .
2. Connection to Distant Dial Tone Office
Dedicated Transport
Applicable rate elements include dedicated transport and channel
performance. When the Serving Wire Center is not the Dial Tone
Office, Dedicated Transport is the transmission path for the
switched traffic from Qwest's Foreign Central Office to Qwest's
Serving Wire Center. The digital option is available only where
Qwest facilities exist, or where the Paging Provider agrees to pay
Special Construction to build necessary facilities.
2. Traffic Aggregation
Traffic aggregation options are available.
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Rate Structure. Type 2
The Paging Provider will be billed recurring and non-recurring rates for the
portion of the Owest facilities used to deliver Third Party Traffic, pursuant to
the percentages and rates specified in Appendix A.
4.4.1. Connection from Serving Wire Center
Applicable rate elements include channel and channel facility. See
Billing Parameters for further definitions.
4.4.2. Connection to Tandem or End Office
Dedicated Transport
When the Serving Wire Center of Paging Provider's POC
is not collocated with the Local and LATA/Toll Tandems (for 2A
Paging Service) or the End Office (for 2B Paging Service),
Dedicated Transport rate elements will apply.
2. Traffic Aggregation
Traffic aggregation options are available.
- Billing Parameters
1. Channel - DSO level. Connection to Paging Provider s Point of
Connection from the Serving Wire Center.
2. Channel Facility (for digital service) - DS1 level. Twenty-four
digital voice grade channels can be transmitted over one DS1 facility. A
full DS1 is necessary for the addition of voice grade channels even if
ordered in increments of less than 24. The transmission rate is 1.544
Mbps.
3. Channel Facility (for digital service) - DS3 level. Twenty-eight
DS1s, including their associated digital voice grade channels, can be
transmitted over one DS3 facility. When using a DS3 traffic aggregation
level, a full DS3 is necessary for the addition of DS1s even if ordered in
increments of less than 28. The facility transmission rate is 44.736 Mpbs.
4. Channel Performance. Conditioning to extend signaling on a two-
wire analog channel when there is dedicated transport.
5. Dedicated Transport.1. With Type 1 Service, when the Serving Wire Center is
not the Dial Tone Office, Dedicated Transport is the transmission path for
the switched traffic from Owest's distant Central Office to Owest's
Serving Wire Center.
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2. With Type 2 Service, if the Serving Wire Center is
not the Qwest Local or LATAlToll Tandem, or the Type2B End
Office dedicated transport extends the channels/channel facility
from the tandem/end office to the Serving Wire Center. The
interoffice facilities can be at a DSO, DS1 or DS3 level.
6. Traffic Aggregation.
Traffic aggregation performed at a Qwest End Office enables a DS1
Channel Facility or DS1 Dedicated Transport to be connected to a DSO
Dedicated Transport System. A DS3 Channel Facility or DS3 Dedicated
Transport will be multiplexed down to a DS1 level in order to connect with
the digital switch.
7. DID Numbers
DID numbers are billed a non-recurring charge pursuant to Section 5.3.4
of the Exchange and Network Services Tariff/Price List/Catalog.
Miscellaneous Charges
Miscellaneous Charges mean charges that Qwest may
assess in addition to recurring and nonrecurring rates set forth in Exhibit
A, for activities CLEC requests Qwest to perform, activities CLEC
authorizes, or charges that are a result of CLEC's actions, such as
cancellation charges, expedite charges, and charges for additional labor
and maintenance. Miscellaneous Charges are not already included in
Qwest's recurring or nonrecurring rates. Miscellaneous Charges are
listed are provided in the applicable tariff, catalog, or price list.
Equipment Interface
It is the Paging Provider s responsibility to advise Qwest of the equipment
interface to be used at Paging Provider's POCo The technical requirements
for the equipment interface must be selected from those specified in
Appendix B. Available equipment interfaces specified in Appendix Bare
defined in Telcordia Reference Documents GR-145 - CORE & BR-795-
403-100.
Cooperative Testing
During installation, integrity testing, and ongoing maintenance activities, the
Parties will cooperate to ensure the integrity of the connection. Qwest and
Paging Provider will each do such maintenance testing and inspection of
their own equipment as may be necessary.
New or Changes to Paging Connection Service; Forecasting
1. Paging Provider may submit a request for Type 1 or Type 2
Paging Connection Service. When requesting Type 1 or Type 2 Paging
Connection Service, Paging Provider shall specify on the Wireless
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Service Request: 1) the type and number of channels and channel
facilities; 2) the Common Language Location Identifier (CLLI) codes
associated with the P~C and the Owest Tandem or End Office; 3) and
when applicable, the Wire Center where the traffic aggregation is
performed.
2. Owest will evaluate the request in accordance with Section 2.
of this Agreement. Owest shall advise Paging Provider of the analysis of
the request. The analysis shall specify Owest's conclusions as to
whether or not the service request shall be provisioned as requested.
3. Forecasting1. Either Party shall, at the request of the other Party,
participate in joint planning sessions at quarterly intervals. The
Paging Provider shall complete the appropriate P~C Forecast
Form(s) attached as Appendix B, for each P~C and for each
different equipment interface within each POCo Although Paging
Provider is required to complete a P~C Forecast formes), such
forecasts are not deemed to be orders for or reservation of Owest
telecommunications services. Owest may use Paging Provider's
forecasts and any other sources of data which Qwest independently
selects and obtains to help determine the design and configuration
of Type 1 and Type 2 Paging Connection Service. Information
included in the P~C forecast form is for Owest's planning purposes
only. Paging Provider must complete the first P~C Forecast
formes) prior to execution of this Agreement. Thereafter, Paging
Provider must complete and send Owest updated pac Forecast
formes) quarterly. If Owest does not receive an updated form with a
new forecast each quarter, then Owest will rely on the last form
received.
2 Paging Provider shall submit to Owest a description of
anticipated major network projects that could affect Owest; at a
minimum, the Paging Provider will provide at least ninety (90) days
advance written notice of the nature of the changes and when the
change(s) will occur. Major network projects include: shifts in
anticipated traffic patterns or other activities that would result in a
significant increase or decrease in traffic. These projects shall also
include, but are not limited to, issues of equipment types and
network capacity, usage, and location. Paging Provider shall attach
the above information to the updated P~C Forecast formes) as
appropriate.
10. Mileage Measurement
10.1. Where required, the mileage measurement for Type 1 dedicated
transport is measured from the V&H coordinates of the Owest Dial Tone
Office to the V&H of the Owest Serving Wire Center.
10.Where required, the mileage measurement for Type 2 Service
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facilities and trunks is measured from the V&H coordinates of the Qwest
Local or LATA/Toll Tandem or End Office to the V&H coordinates of the
Qwest Serving Wire Center.
INTERCONNECTION FACILITIES
Methods of Interconnection
The location of the p~C will determine the method of interconnection.
The following arrangements for interconnection are available: (1)
Network Access Channel; (2) Collocation; (3) Mid-Span Meet facilities.
1. Network Access Channel1. A NAC facility extends from the Serving Wire
Center of Qwest to the Paging Provider's P~C location. NAC
facilities may not extend beyond the area served by Qwest's
Serving Wire Center. A NAC must always be provisioned with
Type 1 and Type 2 Service for connection , identification, and
billing purposes.2. The digital option for NAC is available only where
technically feasible or where Paging Provider agrees to pay
Construction Charges to build necessary facilities.
2. Mid-Span Meet POI
A Mid-Span Meet POI is a negotiated point of connection, limited
to the joining of facilities between Qwest's switch and the Paging
Provider paging terminal. Mid-Span Meet POI may be
accomplished by the Parties through the negotiation of a separate
Agreement. The actual physical point of connection and facilities
used will be subject to negotiations between the Parties. Each
Party will be responsible for its portion of the build to the Mid-Span
Meet POI.
3. Collocation
Interconnection may be accomplished through the
Collocation arrangements offered by Qwest. The terms and
conditions under which Collocation will be offered are described in
the Collocation section of this Agreement.
Quality of Interconnection
Qwest will provision Paging Connection Service facilities in accordance
with current industry standards.
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TYPE 2 COMPENSATION FOR DELIVERY OF QWEST ORIGINATED
TRAFFIC
1. Owest will pay Paging Provider for the transport and termination of Type
2 Compensable Traffic as set forth in Appendix A.
1 The compensation to Paging Provider will be based on
assumed 6,000 minutes of use ("MOUs ) per trunk per billing period.
Either Party may adjust the MOUs one time during the term of this
Agreement based on the average of three consecutive months of actual
data. If the Parties do not agree on the adjusted MOUs, the provisions of
the Dispute Resolution section shall apply. Total paging messages shall
be converted to MOUs as follows: 1) the number of messages will be
aggregated at the end of the billing period by trunk group, 2) the
aggregated number of messages will be multiplied by the average hold
time in seconds and divided by 60 (to convert to minutes) and 3) the
result rounded to the nearest whole minute. In the absence of actual hold
time data, it will be assumed that average hold time per paging message
is 20 seconds.
If the traffic dat", indicates an under utilization of the installed
trunks, Owest may reduce the number of trunks assigned to Paging
Provider.
2. Paging Provider will issue a direct bill to Owest for the transport and
termination of Type 2 Compensable Traffic based on the sample invoice in
Appendix C. This sample invoice shall also display any additional requirements
agreed upon by both Parties.
1 The Parties will exchange billing contacts and telephone numbers.
The invoices will include identification of the monthly bill period,
which will be the first through the last day of the prior calendar month.
Paging Provider will bill Owest by state.
2.4 Paging Provider will assign an Invoice Number and/or Billing
Account Number.
Paging Provider will provide a Remittance Document including:
remittance address, Invoice Number and/or Billing Account Number
amount due and Payment Due Date (at least thirty (30) days from invoice
issuance date).
The rendered bill will include a summary of charges and total
amounts due.
Charges incurred during the bill period will be reflected on the next
bill. Minute of use ("MOUn) rates will be displayed for all charges.
Invoice will include all adjustments, credits, debits and payments.
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Invoice will include all applicable taxes and surcharges. Paging
Provider will calculate, bill, collect and remit applicable taxes and
surcharges to the appropriate authorities.
10 Paging Provider s invoices to Qwest will be provided on paper
unless a mechanized format is mutually agreed upon.
Billing disputes will be resolved through the Dispute Resolution provisions
of this Agreement.
RESERVED FOR FUTURE USE
SERVICE IMPAIRMENT
1. The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services, facilities or equipment of the
other Party shall not: 1) interfere with or impair service over any facilities of the
other Party; its affiliated companies, or its connecting and concurring carriers
involved in its services; 2) cause damage to their plant; 3) violate any applicable
law or regulation regarding the invasion of privacy of any communications carried
over the Party's facilities; or 4) create hazards to the employees of either Party or
to the public. Each of these requirements is hereinafter referred to as
Impairment of Service . Each Party shall use its best efforts to isolate a trouble
condition(s) to the other's facilities before reporting trouble to the other Party.
2. If either Party causes an impairment of service, as set forth in this Section
the Party (the "Impaired Party") shall promptly notify the Party causing the
impairment of service (the "Impairing Party") of the nature and location of the
problem. The Impaired Party shall advise the Impairing Party that, unless promptly
rectified, a temporary discontinuance of the use of any circuit, facility or equipment
may be required. The Impairing Party and the Impaired Party agree to work
together to attempt to promptly resolve the Impairment of Service. If the Impairing
Party is unable to promptly remedy the Impairment of Service, the Impaired Party
may temporarily discontinue use of the affected circuit, facility or equipment.3. When a Party reports trouble to the other Party, and no
trouble is found in the other Party's equipment, the reporting Party will be
responsible for payment of service maintenance charges as specified in Qwest'
Intrastate Switched Access Tariff or state-specific pricing catalogue, as
appropriate, for the period of time from when the other Party's personnel are
dispatched to when the work is completed. Failure of the Other Party's personnel
to find trouble in its service will not result in a charge if the trouble is actually in that
service, but not discovered at that time.
4. No out-of-service credit will apply for the interruption involved if the
service maintenance charge applies as a result of the trouble not being in
Qwest's equipment, but is, in fact, a result of a failure in the equipment or service
of Paging Provider.
5. To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Party shall
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designate a Trouble Reporting Control Office (TRCO) and a toll free telephone
number for such service.
Qwest's TRCO number is ( 800 ) 784-3414
Paging Provider s TRCO number is
This number shall give access to the location where facility records are normally
located and where current status reports on any trouble reports are readily
available.
6. Where new facilities, services and arrangements are installed, the TRCOshall ensure that continuity exists and take appropriate transmission
measurements before advising the other Party that the new circuit is ready for
service.
7. Each Party shall use its best efforts to isolate a trouble condition(s) to the
other's facilities before reporting trouble to the other Party.
COLLOCATION
Should the Parties desire to establish a Collocation relationship, through either
physical or virtual Collocation, the Parties will enter into an amendment to this
Agreement.
10.ACCESS TO TELEPHONE NUMBERS
10.Number Resources Arrangements.
10.1. Nothing in this Agreement shall be construed in any manner to
limit or otherwise adversely impact either Party's right to the request and
assignment of any NANP number resources including, but not limited to
central office (NXX) codes pursuant to the Central Office Code
Assignment Guidelines published by the Industry Numbering Committee
INC") as INC 95-0407-008, formerly ICCF 93-0729-010). The latest
version of the Guidelines will be considered the current standard.
10.2. Each Party shall be responsible for notifying its End Users of any
changes in numbering or dialing arrangements to include changes such
as the introduction of new NPAs or new NXX codes.
10.3. Paging Provider may request blocks of telephone numbers from
Qwest. Such blocks of telephone numbers will be assigned to the Paging
Provider from an NXX housed in the Qwest Dial Tone Office. This will
usually be the Serving Wire Center of the Paging Provider s paging
terminal location. In the event sufficient numbers are not available to
meet the Paging Provider s two year forecast, a new NXX, if practicable,
will be assigned to the Dial Tone Office from which numbers will be
allocated. All numbers are assigned and administered by Qwest. The
Paging Provider performs subadministration (assigning specific numbers
to individual subscribers).
10.4. It shall be the responsibility of each Party to program and update
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its own network systems pursuant to the Local Exchange Routing Guide
(LERG) to recognize and route traffic to the other Party's assigned NXX
codes. Neither Party shall impose any fees or charges whatsoever on
the other Party for such activities. The Parties will cooperate to establish
procedures to ensure the timely activation of NXX assignments in their
respective networks.
10.5. Each Party is responsible for administering NXX codes assigned
to it. Each Party is responsible for arranging LERG input for NXX codes
assigned to its equipment. Each Party shall use the LERG published by
Telcordia or its successor for obtaining routing information and shall
provide through an authorized LERG input agent, all required information
regarding its network for maintaining the LERG in a timely manner.
SECTION 11.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)
11.Description
11.Qwest has developed OSS interfaces using an electronic gateway solution
consistent with the design prescribed by the FCC, Docket 96-98, FCC 96-325,
paragraph 527. These gateways act as a mediation or control point between Paging
Provider s and Qwest's Operations Systems. These gateways provide security for the
interface, protecting the integrity of the Qwest network and its databases. Qwest's
operational systems interfaces have been developed to support Pre-ordering, Ordering
and Provisioning, Maintenance and Repair and Billing. Included below is a description
of the products and functions supported by Qwest OSS interfaces and the technology
used by each.
11.OSS Support for Pre-Ordering, Ordering and Provisioning
11.ASR (Access Service Request) Ordering Process
11.Qwest proposes the use of existing systems for orders placed
using the ASR (Access Service Request) process. Systems in place today
(EXACT) adhere to the existing standards directed by OBF (Ordering and Billing
Forum). EXACT has an interface that accepts batch files via Connect Direct
from customers. It is the Paging Provider responsibility to obtain the
appropriate software to access and interface with Qwest systems.
11.An alternative system managed by Qwest is one that customers
access via dial-up. This system, TEllS, allows customers to directly input ASRs
into a secured database and the customer can manage their ASRs accordingly.
TEllS interfaces through a batch file process with EXACT to correctly process
ASRs. It is the Paging Provider's responsibility to obtain the appropriate
software to access and interface with Qwest systems.
11.
and TEllS.
Type 1 Interconnection can be ordered electronically via EXACT
11.Functions
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11.Access Service Request (ASR)
11.
order.
The ASR transaction allows Paging Provider to submit an
11.Firm Order Confirmation (FOC)
11.Once an ASR is accepted by Owest, the assigned service
order number(s) is returned to Paging Provider. Firm Order Confirmation
means that Owest has received the ASR, issued the order and assigned
an order number for tracking. In addition , it identifies the due dates
Owest assigns to the order.
11.Facility Based EDI Listing Process
11.The Facility Based EDI Listing Process is a single interface from
Paging Provider to Owest. This interface is compliant with OBF ASOG and ANSI
ASC X.12 standards, version 4010. This interface enables Paging Provider
listing data to be translated and passed into the Owest listing database. After
Owest's daily batch processing, a Confirmation/Completion record (for every
PON provided on input) is returned to Paging Provider via an EDI 855
transaction.
11.Owest will continue to make improvements to the electronic
interfaces as the technology evolves, providing notification to Paging Provider
consistent with the provisions of this Section.
11.Hours of Operation
11.Owest Operational Support Systems will be available to Paging Provider'
consistent with the Owest retail operations and internal processes that support pre-
ordering, ordering and provisioning, maintenance and repair, and billing as they are
described in this Agreement.
11.Billing
11.For products billed out of the Owest lABS system, Owest will utilize the
existing CABS/BOS format and technology for the transmission of bills.
11.Outputs
11.lABS Bill - The lABS (Interexchange Access Billing System) Bill includes
monthly and one time charges plus a summary of any usage charges. These bills are
segmented by product, LATA, billing account number (BAN) and bill cycle. The lABS
Bill media is only provided in the following media:
Paper
NOM (Dedicated Circuit or dial-up)
IntemeUWEB (read only)
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Diskette
11.Modifications to ass Interfaces
11.Paging Provider and awest agree to discuss the modification of ass
interfaces based upon evolving standards (e.g., data elements, protocols, transport
networks, etc.) and guidelines issued by or referenced by relevant Alliance for
Telecommunication Industry Solution (ATIS) Committees. Establishment of new, or
changes to industry standards and guidelines will be reviewed on no less than a
quarterly basis commencing on the effective date of this Agreement. This review will
consider standards and guidelines that have reached final closure as well as those
published in final form. Both Parties agree to evaluate evolving standards and
determine the relevant modification to be implemented based upon the latest approved
version adopted or the latest version reflecting final closure by the relevant ATIS
committee or subcommittee. The Parties will use reasonable effort to reach closure
upon the necessary changes within no more than three (3) months of initiating each
review and to implement the changes within nine (9) months or earlier, if reasonably
possible, unless there is agreement to a different implementation schedule.
11.In the course of establishing operational ready system interfaces between
awest and Paging Provider to support local service delivery, Paging Provider and awest
may need to define and implement system interface specifications that are supplemental
to existing standards. Paging Provider and awest will submit such specifications to the
appropriate standards committee and will work towards its acceptance as a standard.
11.Release updates will be based on regulatory obligations as dictated by the
FCC or Commissions and, as time permits, the agreed to changes requested by the
FORUM. awest will provide to Paging Provider the features list for modifications to the
interface ninety (90) Days prior to any release date. Specifications for interface
modifications will be provided to Paging Provider three (3) weeks prior to the release
date. Paging Provider is required to upgrade to the current release within six (6) months
of the installation date.
11.This Section constitutes the entirety of the ass agreement.
beyond what is described herein should be implied or inferred.
Nothing
11.Paging Provider Responsibilities for Implementation of ass Interfaces
11.Before any Paging Provider implementation can begin, Paging Provider
must completely and accurately provide detailed information needed by awest
establish service for Paging Provider.
11.Wholesale Services (WS) Systems Help Desk
11.The WS Systems Help Desk will provide a single point of entry for Paging
Provider to gain assistance in areas involving connectivity and File Outputs. These
areas are further described below.
11.Connectivity
11.Connectivity covers trouble with Paging Provider s access
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to the Owest System for modem configuration requirements; T1
configuration and dial in string requirements; firewall access
configuration; SecurlD configuration; Profile Setup and password
verification.
11.File Outputs
11.File outputs system errors are limited to lABS Bill and
Category 11 Report.
11.The WS Systems Help Desk does not support status or trouble
while the Service Order is processing through the ISC.
11.Hours of Operation
11.The WS Systems Help Desk is available Monday through
Friday, 6:00 a.m. until 8:00 p.m. Mountain Time, excluding Owest
holidays.
Intentionally Left Blank11.
11.10 Compensation/Cost Recovery
11.10.Recurring and nonrecurring ass startup charges, as applicable,
will be billed at rates set forth in Exhibit A for Type 2 Paging Providers. Any such
rates will be consistent with Existing Rules. Owest shall not impose any
recurring or nonrecurring ass startup charges unless and until the Commission
authorizes Owest to impose such charges and/or approves applicable rates at
the completion of appropriate cost docket proceedings.
12.TERM OF AGREEMENT
12.This Agreement shall become effective upon Commission approval,
pursuant to Sections 251 and 252 of the Act, shall terminate on, r~~iJr.~!gsJijjJ
and shall be binding upon the Parties during that term. After the date specified
above, this Agreement shall continue in force and effect until terminated by
either Party providing one hundred sixty (160) days written notice of termination
to the other Party. The day the notice is served will determine the starting point
for a 160 day negotiation period (in accordance with 252(b)1 of the Act). In the
event of such termination, existing or pending service arrangements made
available under this Agreement shall continue in total without interruption under
either a) a new or adoption agreement executed by the Parties, or b) tariff terms
and conditions generally available to all Paging Providers.
12.1 If the Parties are unable to negotiate a new agreement during the
negotiation period described above, the window of opportunity to file for
arbitration to resolve outstanding contractual issues in accordance with
the Act will occur between days 135 and 160 of the 160 day notice
period.
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12.2 If the Parties are able to reach agreement, this Agreement shall
continue for the brief period of time needed to secure the Commission
approval of an adoption or a new interconnection agreement. In the case
of Section 12., this Agreement will expire on the termination date
specified in the one hundred sixty (160) day notice referenced above
unless a petition for arbitration has been filed, but if such a petition has
been filed then this Agreement shall continue for the period necessary for
the Commission to act and resolve the disputed issues so that the Parties
will have an effective interconnection agreement.
13.PAYMENT
13.1. Amounts payable under this Agreement are due and payable within thirty
(30) calendar days after the date of Qwest's invoice, or within twenty (20) days
after receipt of the invoice, whichever is later. If the normal payment due date is
a Saturday or legal holiday that falls on a Tuesday, Wednesday, Thursday or
Friday then payment is due on the previous business day as a payment due
date. If the normal payment due date is a Sunday or legal holiday that falls on a
Monday then the payment defaults to the next business day.
13.2. Should Paging Provider dispute, in good faith, any portion of the Qwest
monthly billing under this Agreement, Paging Provider will notify Qwest in writing
within thirty (30) calendar days of the receipt of such billing, identifying the
amount, reason and rationale of such dispute. Paging Provider shall pay all
amounts due. Both Paging Provider and Qwest agree to expedite the
investigation of any disputed amounts in an effort to resolve and settle the
dispute prior to initiating any other rights or remedies. Should the dispute be
resolved in Paging Provider s favor and the resolved amount did not appear as a
credit on Paging Provider's next invoice from Qwest, Qwest will reimburse
Paging Provider the resolved amount plus interest from the date of payment.
The amount of interest will be calculated using the late payment factor that would
have applied to such amount had it not been paid on time.
13.3. Qwest will determine Paging Provider s credit status based on previous
payment history with Qwest or credit reports such as Dun and Bradstreet. If
Paging Provider has not established satisfactory credit with Qwest or if Paging
Provider is repeatedly delinquent in making its payments, Qwest may require a
deposit to be held as security for the payment of charges. "Repeatedly
delinquenf' means any payment received after the due date three or more times
during a 12 month period. The deposit may not exceed the estimated total
monthly charges for a two (2) month period. The deposit may be a surety bond,
a letter of credit with terms and conditions acceptable to Qwest or some other
form of mutually acceptable security such as a cash deposit. Required deposits
are due and payable within ten (10) calendar days after demand in accordance
with Commission requirements.
13.4. Interest will be paid on cash deposits at the rate applying to deposits
under applicable State Access tariff. Cash deposits and accrued interest will be
credited to Paging Providers account or refunded, as appropriate, upon the
earlier of the termination of this Agreement or the establishment of satisfactory
credit with Qwest which will generally be one full year of timely payments in full
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by Paging Provider. The fact that a deposit has been made does not relieve
Paging Provider from any requirements of this Agreement.
13.5. Qwest may review Paging Provider s credit standing and modify the
amount of deposit required.
13.6. Qwest will assess a late payment charge for any amounts not paid by the
payment due date. The late payment charge for amounts that are billed under
this Agreement shall be in accordance with State Access tariff/Commission
Rules and Orders.
14.MISCELLANEOUS TERMS
14.1. General Provisions
14.1. The Parties are each solely responsible for participation in and
compliance with national network plans, including the National Network
Security Plan and Emergency Preparedness Plan.
14.2 Neither Party shall use any service related to or use any of the
services provided in this Agreement in any manner that interferes with
other persons in the use of their service, prevents other persons from
using their service, or otherwise impairs the quality of service to other
carriers or to either Party's End Users, and each Party may discontinue
or refuse service if the other Party violates this provision. Upon such
violation, either Party shall provide the other Party notice of such violation
at the earliest practicable time.
14.3. Each Party is solely responsible for the services it provides to its
End Users and to other telecommunications carriers.
14.4. The Parties shall work cooperatively to minimize fraud associated
with third-number billed calls, calling card calls, and any other services
related to this Agreement.
14.5 Nothing in this Agreement shall prevent either Party from seeking
to recover the costs and expenses, if any, it may incur in (a) complying
with and implementing its obligations under this Agreement, the Act, and
the rules, regulations and orders of the FCC and the Commission, and
(b) the development, modification, technical installation and maintenance
of any systems or other infrastructure which it requires to comply with and
to continue complying with its responsibilities and obligations under this
Agreement.
14.Insurance
Paging Provider shall maintain at its own cost and expense insurance,
with insurers having a "Best'" rating of B+XIII, as necessary to cover the
obligations assumed under this Agreement and as satisfactory to Qwest
as outlined below.
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14.1 Commercial General Liability covering claims for bodily injury,
death, personal injury or property damage with limits of $500,000 each
occurrence and $1,000,000 in the aggregate. The policy shall name
Owest as an additional insured as respects their interest.
14.2 Automobile Liability, should operations hereunder involve use of
automobiles, covering the ownership, operation and maintenance of all
owned, non-owned and hired automobiles with limits of $300,000 each
occurrence.
14.3 Workers' Compensation with statutory limits as required in the
state(s) operation and Employers' Liability or "Stop Gap" coverage with
limits of $100,000 each accident.
14.4 "All Risk" Property coverage on a full replacement cost basis
insuring all of Paging Provider personal property situated on or within the
premises. Paging Provider may elect to purchase business interruption
and contingent business interruption insurance. Owest has no liability for
loss of profit or revenues should an interruption of service occur.
14.5 Upon the execution hereof, Paging Provider shall provide
certificate(s) of insurance evidencing coverage, and annually thereafter
within ten (10) calendar days of renewal of any coverage maintained
pursuant to this Section. Such certificates shall: (1) name Owest as an
additional insured under commercial general liability coverage as
respects Owest's interests; (2) provideOwest thirty (30) calendar days
prior written notice of cancellation of, material change or exclusions in the
policy(s) to which certificate(s) relate; (3) indicate that coverage is
primary and not excess of, or contributory with, any other valid and
collectible insurance purchased by Owest; and (4) policy(s) provide
severability of interest/cross liability coverage.
14.3. Taxes
Each Party purchasing services hereunder shall payor otherwise be
responsible for all federal, state, or local sales, use, excise, gross
receipts, transaction or similar taxes, fees or surcharges levied against or
upon such purchasing Party (or the providing Party when such providing
Party is permitted to pass along to the purchasing Party such taxes, fees
or surcharges), except for any tax on either Party's corporate existence,
status or net income. Whenever possible, these amounts shall be billed
as a separate item on the invoice~ To the extent a sale is claimed to be
for resale tax exemption, the purchasing Party shall furnish the providing
Party a proper resale tax exemption certificate as authorized or required
by statute or regulation by the jurisdiction providing said resale tax
exemption. Until such time as a resale tax exemption certificate is
provided , no exemptions will be applied.
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14.4. Force Majeure
Neither Party shall be liable for any delay or failure in performance of any
part of this Agreement from any cause beyond its control and without its
fault or negligence including, without limitation, acts of nature, acts of civil
or military authority, govemment regulations, embargoes, epidemics,
terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, work stoppages, equipment failure, power blackouts,
volcanic action, other major environmental disturbances, unusually
severe weather conditions, inability to secure products or services of
other persons or transportation facilities or acts or omissions of
transportation carriers (collectively, a "Force Majeure Event"). The Party
affected by a Force Majeure Event shall give prompt notice to the other
Party, shall be excused from performance of its obligations hereunder on
a day to day basis to the extent those obligations are prevented by the
Force Majeure Event, and shall use reasonable efforts to remove or
mitigate the Force Majeure Event. In the event of a labor dispute or
strike the Parties agree to provide service to each other at a level
equivalent to the level they provide themselves.
14.5. Limitation of Liability
14.1 Except for losses relating to or arising out of any act or omissionin its performance of services or functions provided under this
Agreement, each Party shall be liable to the other for direct damages for
any loss, defect or equipment failure including without limitation any
penalty, reparation or liquidated damages assessed by the Commission
or under a Commission-ordered agreement (including without limitation
penalties or liquidated damages assessed as a result of cable cuts),
resulting from the causing Party's conduct or the conduct of its agents or
contractors in performing the obligations contained in this Agreement.
14.2 Neither Party shall be liable to the other for indirect, incidental
consequential, or special damages, including (without limitation)
damages for lost profits, lost revenues, lost savings suffered by the other
Party regardless of the form of action, whether in contract, warranty, strict
liability, tort, including (without limitation) negligence of any kind and
regardless of whether the Parties know the possibility that such damages
could result.
14.3 Except for indemnity obligations or as otherwise set forth in this
Section, each Party's liability to the other Party for any loss relating to or
arising out of any act or omission in its performance of services or
functions provided under this Agreement, whether in contract or in tort,
shall be limited to the total amount that is or would have been charged to
the other Party by such breaching Party for the service(s) or function(s)
not performed or improperly performed.
14.5.4 Nothing contained in this Section shall limit either Party s liability
to the other for intentional, malicious misconduct.
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14.5 Nothing contained in this Section shall limit either Party'
obligations of indemnification as specified in the Indemnity Section of this
Agreement.
14.6. Indemnity
14.1 With respe~t to third party claims, the Parties agree to indemnify
each other as follows:
14.Except for claims made by End Users of one Party
against the other Party, which claims are based on defective or
faulty services provided by the other Party to the one Party, each
of the Parties agrees to release, indemnify, defend and hold
harmless the other Party and each of its officers, directors,
employees and agents (each an "Indemnitee ) from and against
and in respect of any loss, debt, liability, damage, obligation,
claim, demand, judgment or settlement of any nature or kind,
known or unknown, liquidated or unliquidated including, but not
limited to, costs and attorneys' fees, whether suffered, made,
instituted, or asserted by any other party or person, for invasion of
privacy, personal injury to or death of any person or persons, or
for loss, damage to, or destruction of property, whether or not
owned by others, resulting from the indemnifying Party'
performance, breach of applicable law, or status of its employees,
agents and subcontractors; or for failure to perform under this
Agreement, regardless of the form of action.
14.Where the third party claim is made by (or through)
an End User of one Party against the other Party, which claim is
based on defective or faulty services provided by the other Party
to the one Party then there shall be no obligation of indemnity
unless the act or omission giving rise to the defective or faulty
services is shown to be intentional, malicious misconduct of the
. other Party.
14.If the claim is made by (or through) an End User
and where a claim is in the nature of a claim for invasion of
privacy, libel, slander, or other claim based on the content of a
transmission, and it is made against a Party who is not the
immediate provider of the Telecommunications Service to the End
User (the indemnified provider), then in the absence of fault or
neglect on the part of the indemnified provider, the Party who is
the immediate seller of such Telecommunications Service shall
indemnify, defend and hold harmless the indemnified provider
from such claim.
14.2 The indemnification provided herein shall be conditioned upon:
14.The indemnified Party shall promptly notify the
indemnifying Party of any action taken against the indemnified
Party relating to the indemnification. Failure to so notify the
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indemnifying Party shall not relieve the indemnifying Party of any
liability that the indemnifying Party might have, except to the
extent that such failure prejudices the indemnifying Party's ability
to defend such claim.
14.The indemnifying Party shall have sole authority to
defend any such action, including the selection of legal counsel
and the indemnified Party may engage separate legal counsel
only at its sole cost and expense.
14.In no event shall the indemnifying Party settle or
consent to any judgment pertaining to any such action without the
prior written consent of the indemnified Party.
14.7. Intellectual Property
14.1 Each Party hereby grants to the other Party the limited, personal
and nonexclusive right and license to use its patents, copyrights and
trade secrets but only to the extent necessary to implement this
Agreement or specifically required by the then applicable federal and
state rules and regulations relating to Interconnection and access to
telecommunications facilities and services, and for no other purposes.
Nothing in this Agreement shall be construed as the grant to the other
Party of any rights or licenses to trademarks.
14.2 The rights and licenses above are granted "AS IS" and the other
Party's exercise of any such right and license shall be at the sole and
exclusive risk of the other Party. Neither Party shall have any obligation
to defend, indemnify or hold harmless, or acquire any license or right for
the benefit of, or owe any other obligation or have any liability to, the
other based on or arising from any claim, demand, or proceeding
(hereinafter "claim ) by any third party alleging or asserting that the use of
any circuit, apparatus, or system, or the use of any software, or the
performance of any service or method, or the provision of any facilities by
either Party under this Agreement constitutes infringement, or misuse or
misappropriation of any patent, copyright, trade secret, or any other
proprietary or intellectual property right of any third party.
14.3 As a condition to the access or use of patents, copyrights, trade
secrets and other intellectual property (including software) owned or
controlled by a third party to the extent necessary to implement this
Agreement or specifically required by the then applicable federal and
state rules and regulations relating to Interconnection and access to
telecommunications facilities and services, the Party providing access
may require the other upon written notice, from time to time, to obtain a
license or permission for such access or use, make all payments in
connection with obtaining such license, and provide evidence of such
license.
14.7.4 Except as expressly provided in this Intellectual Property Section,
nothing in this Agreement shall be construed as the grant of a license,
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either express or implied, with respect to any patent, copyright, logo,
trademark, tradename, trade secret or any other intellectual property right
now or hereafter owned, controlled or licensable by either Party. Neither
Party may use any patent, copyright, logo, trademark, tradename, trade
secret or other intellectual property right of the other Party or its affiliates
without execution of a separate agreement between the Parties.
14.5 Neither Party shall without the express written permission of the
other Party, state or imply that: 1) it is connected, or in any way affiliated
with the other or its affiliates, 2) it is part of a joint business association
or any similar arrangement with the other or its affiliates, 3) the other
Party and its affiliates are in any way sponsoring, endorsing or certifying it
and its goods and services, or 4) with respect to its advertising or
promotional activities or materials, that the resold goods and services are
in any way associated with or originated from the other or any of its
affiliates. Nothing in this paragraph shall prevent either Party from
truthfully describing the network elements it uses to provide service to its
End Users, provided it does not represent the network elements as
originating from the other Party or its affiliates.
14.6 Paging Provider acknowledges the value of the marks "Qwest"
and "Qwest" (the "Marks ) and the goodwill associated therewith and
acknowledges that such goodwill is a property right belonging to Qwest
Communications Intemational, Inc. (the "Owner
).
Paging Provider
recognizes that nothing contained in this Agreement is intended as an
assignment or grant to Paging Provider of any right, title or interest in or
to the Marks and that this Agreement does not confer any right or license
to grant sublicenses or permission to third parties to use the Marks and is
not assignable. Paging Provider will do nothing inconsistent with the
Owner's ownership of the Marks, and all rights, if any, that may be
acquired by use of the Marks shall inure to the benefit of the Owner.
Paging Provider will not adopt, use (other than as authorized herein),
register or seek to register any marks anywhere in the world which is
identical or confusingly similar to the Marks or which is so similar thereto
as to constitute a deceptive colorable imitation thereof or to suggest or
imply some association, sponsorship, or endorsement by the Owner.
The Owner makes no warranties regarding ownership of any rights in or
the validity of the Marks.
14.8. Warranties
NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS
MADE, AND THAT THERE DOES NOT EXIST, ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
14.9. Assignment
14.1 Neither Party may assignor transfer (whether by operation of law
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or otherwise) this Agreement (or any rights or obligations hereunder) to a
third party without the prior written consent of the other Party.
Notwithstanding the foregoing, either Party may assign or transfer this
Agreement to a corporate affiliate or an entity under its common control;
however, if Paging Provider's assignee or transferee has an
Interconnection agreement with Qwest, no assignment or transfer of this
Agreement shall be effective without the prior written consent of Qwest.Such consent shall include appropriate resolutions of conflicts and
discrepancies between the assignee s or transferee s interconnection
agreement and this Agreement. Any attempted assignment or transfer
that is not permitted is void ab initio.Without limiting the generality of the
foregoing, this Agreement shall be binding upon and shall inure to the
benefit of the Parties' respective successors and assigns.
14.2 Without limiting the generality of the foregoing subsection, any
merger, dissolution, consolidation or other reorganization of Paging
Provider, or any sale, transfer, pledge or other disposition by Paging
Provider of securities representing more than 50% of the securities
entitled to vote in.an election of Paging Provider's board of directors or
other similar governing body, or any sale, transfer, pledge or other
disposition by Paging Provider of substantially all of its assets, shall be
deemed a transfer of control. If any entity, other than Paging Provider
involved in such merger, dissolution, consolidation, reorganization, sale,
transfer, pledge or other disposition of Paging Provider has an
interconnection agreement with Qwest, the Parties agree that only one
agreement, either this Agreement or the interconnection agreement of
the other entity, will remain valid. All other interconnection agreements
will be terminated. The Parties agree to work together to determine
which interconnection agreement should remain valid and which should
terminate. In the event the Parties cannot reach agreement on this issue,
the issue shall be resolved through the Dispute Resolution process
contained in this Agreement.
14.3 Qwest makes no representations or warranties regarding the
configuration, identity, or number of telephone exchanges covered by this
Agreement. Nothing in this Agreement, therefore, shall be deemed to
limit or restrict the right of Qwest to sell, lease, transfer, assign, or
hypothecate any of its assets, rights, title or interests in or to any of its
property or rights, including but not limited to the telephone exchange(s)
in which it conducts its business. Likewise nothing in this Agreement
shall be deemed to limit or restrict the right of Qwest to acquire, buy,
procure, lease, or mortgage any assets, rights, title, or interest in or to
any property or rights, including but not limited to the telephone
exchange(s) in which it conducts its business. If Qwest should sell or
otherwise transfer and assign to an unaffiliated third party all
substantially all of its assets and rights with respect to a telephone
exchange(s) which is covered. by this Agreement, then as to such
exchange(s), this Agreement shall terminate upon the effective date of
such sale or other transfer. Qwest shall provide Paging Provider with as
much advance notice of such sale or transfer as is reasonably possible.
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14.10. Default
If either Party defaults in the payment of any amount due hereunder, or if
either Party violates any other material provision of this Agreement, and
such default or violation shall continue for thirty (30) calendar days after
written notice thereof, the other Party may seek relief in accordance with
the Dispute Resolution provision of this Agreement. The failure of either
Party to enforce any of the provisions of this Agreement or the waiver
thereof in any instance shall not be construed as a general waiver or
relinquishment on its part of any such provision, but the same shall,
nevertheless, be and remain in full force and effect.
14.11. Disclaimer of Agency
Except for provisions herein expressly authorizing a Party to act for
another, nothing in this Agreement shall constitute a Party as a legal
representative or agent of the other Party, nor shall a Party have the right
or authority to assume, create or incur any liability or any obligation of
any kind, express or implied, against or in the name or on behalf of the
other Party unless otherwise expressly permitted by such other Party.
Except as otherwise expressly provided in this Agreement, no Party
undertakes to perform any obligation of the other Party whether
regulatory or contractual, or to assume any responsibility for the
management of the other Party's business.
14.12. Nondisclosure
14.12.1. All information, including but not limited to specifications,
microfilm, photocopies, magnetic disks, magnetic tapes, drawings,
sketches, models, samples, tools, technical information, data, employee
records, maps, financial reports, and market data, (i) fumished by one
Party to the other Party dealing with End User specific, facility specific, orusage specific information, other than end User information
communicated for the purpose of providing directory assistance or
publication of directory database, or (ii) in written graphic,
electromagnetic, or other tangible form and marked at the time of delivery
as "Confidential" or "Proprietary", or (iii) communicated and declared to
the receiving Party at the time of delivery, or by written. notice given to the
receiving Party within ten (10) calendar days after delivery, to be
Confidentiar or "Proprietary" (collectively referred to as "Proprietary
Information ), shall remain the property of the disclosing Party. A Party
who receives Proprietary Information via an oral communication may
request written confirmation that the material is Proprietary Information.
A Party who delivers Proprietary Information via an oral communication
may request written confirmation that the Party receiving the information
understands that the material is Proprietary Information.
14.12.2. Upon request by the disclosing Party, the receiving Party
shall retum all tangible copies of Proprietary Information, whether written,
graphic or otherwise, except that the receiving Party may retain one copy
for archival purposes.
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14.12.3. Each Party shall endeavor to keep all of the other Party'
Proprietary Information confidential using the same degree of care as the
receiving Party uses for its own confidential information of similar
importance and shall use the other Party's Proprietary Information only in
connection with performance of this Agreement. Neither Party shall use
the other Party's Proprietary Information for any other purpose except
upon such terms and conditions as may be agreed upon between the
Parties in writing.
14.12.4. Unless otherwise agreed, the obligations of confidentiality
and non-use set forth in this Agreement do not apply to such Proprietary
Information as:
14.12.1. was at the time of receipt already known to the
receiving Party free of any obligation to keep it confidential
evidenced by written records prepared prior to delivery by the
disclosing Party; or
14.12.4.2. is or becomes publicly known through no wrongful
act of the receiving Party; or
14.12.4.3. is rightfully received from a third person having no
direct or indirect secrecy or confidentiality obligation to the
disclosing Party with respect to such information; or
14.12.4.4. is independently developed by an employee, agent,
or contractor of the receiving Party which individual is not involved
in any manner with the provision of services pursuant to the
Agreement and does not have any direct or indirect access to the
Proprietary Information; or
14.12.5. is disclosed to a third person by the disclosing
Party without similar restrictions on such third person s rights; or
14.12.6. is approved for release by written authorization of
the disclosing Party; or
14.12.4.7. is required to be made public by the receiving Party
pursuant to applicable law or regulation provided that the
receiving Party shall give sufficient notice of the requirement tothe disclosing Party to enable the disclosing Party to seek
protective orders.
14.12.5. Nothing herein is intended to prohibit a Party from
supplying factual information about its network and Telecommunications
Services on or connected to its network to regulatory agencies including
the Federal Communications Commission and the Commission so long
as any confidential obligation is protected.
14.12.6. Effective Date of this Section. Notwithstanding any other
provision of this Agreement, the Proprietary Information provisions of this
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Agreement shall apply to all Proprietary Information furnished by either
Party to the other in furtherance of the purpose of this Agreement, even if
furnished before the date of this Agreement.
14.13. Survival
Any liabilities or obligations of a Party for acts or omissions prior to the
cancellation or termination of this Agreement; any obligation of a Partyunder the provisions regarding indemnification, Confidential or
Proprietary Information, limitations of liability, and any other provisions of
this Agreement which, by their terms, are contemplated to survive (or tobe performed after) termination of this Agreement, shall survive
cancellation or termination hereof.
14.14. Dispute Resolution
14.14.If any claim , controversy or dispute between the Parties,
their agents, employees, officers, directors or affiliated agents should
arise, and the Parties do not resolve it in the ordinary course of their
dealings (the "Dispute ), then it shall be resolved in accordance with the
dispute resolution process set forth in this Section. Each notice of
default, unless cured within the applicable cure period, shall be resolved
in accordance herewith.
14.14.At the written request of either Party, and prior to any other
formal dispute resolution proceedings, each Party shall designate an
officer-level employee, at no less than the vice president level, to review,
meet, and negotiate, in good faith, to resolve the Dispute. The Parties
intend that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions shall be at the discretion of the
representatives. By mutual agreement, the representatives may use
other procedures, such as mediation, to assist in these negotiations. The
discussions and correspondence among the representatives for the
purposes of these negotiations shall be treated as Confidential
Information developed for purposes of settlement, and shall be exempt
from discovery and production, and shall not be admissible in any
subsequent arbitration or other proceedings without the concurrence of
both of the Parties.
14.14.If the vice-presidential level representatives have not
reached a resolution of the Dispute within thirty (30) calendar days after
the matter is referred to them, then either Party may demand that the
Dispute be settled by arbitration. Such an arbitration proceeding shall be
conducted by single arbitrator knowledgeable about the
telecommunications industry. The arbitration proceedings shall be
conducted under the then current rules of the American Arbitration
Association ("AAA"). The Federal Arbitration Act, 9 U.C. Sections 1-16,
not state law, shall govern the arbitrability of the Dispute. The arbitrator
shall not have authority to award punitive damages. All expedited
procedures prescribed by the AAA rules shall apply. The arbitrator
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award shall be final and binding and may be entered in any court having
jurisdiction thereof. Each Party shall bear its own costs and attomeys
fees, and shall share equally in the fees and expenses of the arbitrator.The arbitration proceedings shall occur in the Denver, Colorado
metropolitan area. It is acknowledged that the Parties, by mutual, written
agreement, may change any of these arbitration practices for a particular,
some, or all Dispute(s).
14.14.4 Should it become necessary to resort to court proceedings
to enforce a Party's compliance with the dispute resolution process set
forth herein, and the court directs or otherwise requires compliance
herewith, then all of the costs and expenses, including its reasonable
attorney fees, incurred by the Party requesting such enforcement shall be
reimbursed by the non-complying Party to the requesting Party.
14.14.No Dispute, regardless of the form of action, arising out of
this Agreement, may be brought by either Party more than two (2) years
after the cause of action accrues.
14.15. Controlling Law
This Agreement was negotiated by the Parties in accordance with the
terms of the Act and the laws of the state where service is provided
hereunder. It shall be interpreted solely in accordance with the terms of
the Act and the applicable state law in the state where the service is
provided.
14.16. Joint Work Product
This Agreement is the joint work product of the Parties and has been
negotiated by the Parties and their respective counsel and shall be fairly
interpreted in accordance with its terms and, in the event of any
ambiguities, no inferences shall be drawn against either Party.
14.17. Responsibility for Environmental Contamination
Neither Party shall be liable to the other for any costs whatsoever
resulting from the presence or release of any environmental hazard that
either Party did not introduce to the affected work location. Both Parties
shall defend and hold harmless the other, its officers, directors and
employees from and against any losses, damages, claims, demands,
suits, liabilities, fines, penalties and expenses (including reasonable
attorneys' fees) that arise out of or result from (i) any environmental
hazard that the indemnifying Party, its contractors or agents introduce to
the work locations or (ii) the presence or release of any environmental
hazard for which the indemnifying Party is responsible under applicable
law.
14.18. Notices
Any notices required by or concerning this Agreement shall be sent to the
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Parties at the addresses shown below:
Qwest Corporation
Director - Interconnection Agreements
1801 California Street, Suite 2410
Denver, Colorado 80202
Paging Provider
With a copy to:
Qwest Legal Department
Attention General Counsel-Interconnection
1801 California Street, 10th Floor
Denver, Colorado 80202
Each Party shall inform the other of any changes in the above addresses.
14.19. Responsibility of Each Party
Each Party is an independent contractor, and has and hereby retains the
right to exercise full control of and supervision over its own performance
of its obligations under this Agreement and retains full control over the
employment, direction, compensation and discharge of all employees
assisting in the performance of such obligations. Each Party will be
solely responsible for all matters relating to payment of such employees
including compliance with social security taxes, withholding taxes and all
other regulations goveming such matters. Each Party will be solely
responsible for proper handling, storage, transport and disposal at its own
expense of all (i) substances or materials that it or its contractors or
agents bring to, create or assume control over at work locations or, (ii)
waste resulting therefrom or oth'erwise generated in connection with its or
its contractors' or agents ' activities at the work locations. Subject to the
limitations on liability and except as otherwise provided in this Agreement,
each Party'shall be responsible for (i) its own acts and performance of all
obligations imposed by applicable law in connection with its activities,
legal status and property, real or personal and, (ii) the acts of its own
affiliates, employees, agents and contractors during the performance of
that Party s obligations hereunder.
14.20. No Third Party Beneficiaries
This Agreement does not provide and shall not be construed to provide
third parties with any remedy, claim, liability, reimbursement, cause of
action, or other privilege.
14.21. Referenced Documents
All references to Sections shall be deemed to be references to Sections
of this Agreement unless the context shall otherwise require. Whenever
any provision of this Agreement refers to a technical reference, technical
publication, Paging Provider practice, Qwest practice, any publication of
telecommunications industry administrative or technical standards, or any
other document specifically incorporated into this Agreement, it will be
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deemed to be a reference to the most recent version or edition (including
any amendments, supplements, addenda, or successors) of such
document that is in effect, and will include the most recent version or
edition (including any amendments, supplements, addenda, or
successors) of each document incorporated by reference in such
technical reference, technical publication, Paging Provider practice,
Qwest practice, or publication of industry standards. The existing
configuration of either Party network may not be in immediate
compliance with the latest release of applicable referenced documents.
14.22. Publicity
Neither Party shall publish or use any publicity materials with respect to
the execution and delivery or existence of this Agreement without the
prior written approval of the other Party.
14.23. Amendment
Paging Provider and Qwest may mutually agree to amend this
Agreement in writing. Since it is possible that amendments to this
Agreement may be needed to fully satisfy the purposes and objectives of
this Agreement, the Parties agree to work cooperatively, promptly and in
good faith to negotiate and implement any such additions, changes and
corrections to this Agreement.
14.24. Executed in Counterparts
This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original; but such counterparts shall together
constitute one and the same instrument.
14.25. Headings of No Force or Effect
The headings of Articles and Sections of this Agreement are for
convenience of reference only, and shall in no way define, modify or
restrict the meaning or interpretation of the terms or provisions of this
Agreement.
14.26. Regulatory Approval
The Parties understand and agree that this Agreement will be filed with
the Commission for approval. In the event the Commission rejects any
portion of this Agreement, renders it inoperable or creates an ambiguity
that requires further amendment, the Parties agree to meet and negotiate
in good faith to arrive at a mutually acceptable modification.
14.27. Compliance
Each Party shall comply with all applicable federal, state, and local laws,
rules and regulations applicable to its performance under this Agreement.
Without limiting the foregoing, Qwest-and Paging Provider agree to take
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all action necessary to keep and maintain in full force and effect all
permits, licenses, certificates, and other authorities needed to perform
their respective obligations hereunder.
14.28. Compliance with the Communications Assistance Law Enforcement
Act of 1994 ("CALEA"
Each Party represents and warrants that any equipment, facilities
services provided to the other Party under this Agreement comply with
CALEA. Each Party shall indemnify and hold the other Party harmless
from any and all penalties imposed upon the other Party for such
noncompliance and shall at the non-compliant Party s sole cost and
expense, modify or replace any equipment, facilities or services provided
to the other Party under this Agreement to ensure that such equipment
facilities and services fully comply with CALEA.
14.29 Cooperation
The Parties agree that this Agreement involves the provision of Qwest
services in ways such services were not previously available and the
introduction of new processes and procedures to provide and bill such
services. Accordingly, the Parties agree to work jointly and cooperatively
in testing and implementing processes for maintenance, provisioning and
billing and in reasonably resolving issues which result from such
implementation on a timely basis.
14.30. Availability of Other Agreements
With regard to the availability of other agreements, the Parties agree that
the provisions of Section 252(i) of the Act shall apply, including state and
federal, Commission and court interpretive regulations and decisions in
effect from time to time.
14.31. Entire Agreement
This Agreement constitutes the entire agreement between the Parties
and supersedes all prior oral or written agreements, representations
statements, negotiations, understandings, proposals and undertakings
with respect to the subject matter hereof.
15.BONA FIDE REQUEST
15.1. Any request for Interconnection that is not already available as described
herein shall be treated as a Bona Fide Request (BFR). Qwest shall use the BFR
Process to determine the terms and timetable for providing the requested
Interconnection, if available, and the technical feasibility of new/different points
Interconnection. Qwest will administer the BFR Process in a nondiscriminatory
manner.
15.2. A BFR shall be submitted in writing and on the appropriate Qwest form
for BFRs. Paging Provider and Qwest will work together to prepare the BFR
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form. This form shall be accompanied by the non-refundable Processing Fee
specified in Appendix A of this Agreement. The form will request, and Paging
Provider will need to provide, at a minimum: (a) a new/different points of
Interconnection; (b) the desired interface specification; (c) each requested type
of Interconnection or access; (d) a statement that the Interconnection will be
used to provide a Telecommunications Service; (e) the quantity requested; and
(f) the specific location requested.
15.3. Within fifteen (15) business days of its receipt, Qwest shall acknowledge
receipt of the BFR and in such acknowledgment advise Paging Provider of
missing information, if any, necessary to process the BFR. Thereafter, Qwest
shall promptly advise Paging Provider of the need for any additional information
required to complete the analysis of the BFR.
15.4. Within thirty (30) business days of its receipt of the BFR and all
information necessary to process it, Qwest shall provide to Paging Provider a
preliminary analysis of the BFR. The preliminary analysis shall specify Qwest's
conclusions as to whether or not the requested Interconnection complies with the
requirements set forth above.
15.1. If Qwest determines during the thirty (30) day period that a BFR
does not qualify as Interconnection that is required to be provided under
the Act, Qwest shall advise Paging Provider as soon as reasonably
possible of that fact, and Qwest shall promptly, but in no case later than
ten business days after making such a determination, provide a written
report setting forth the basis for its conclusion.
15.2. If Qwest determines during the thirty (30) day period that the BFR
qualifies under the Act, it shall notify Paging Provider in writing of such
determination within ten (10) business days.
15.4.3. As soon as feasible, but in any case within ninety (90) business
days after Qwest notifies Paging Provider that the BFR qualifies under
the Act, Qwest shall provide to Paging Provider a BFR quote. The BFR
quote will include, at a minimum, a description of each Interconnection,the quantity to be provided, any interface specifications, and the
applicable rates (recurring and nonrecurring) including the separately
stated development costs and construction charges of the
Interconnection and any minimum volume and term commitments
required.
15.If Qwest has indicated minimum volume and term commitments. then
within thirty (30) business days of its receipt of the BFR quote, Paging Provider
must either agree to purchase under those commitments, cancel its BFR, or
seek mediation or arbitration.
15.If Paging Provider has agreed to minimum volume and term
commitments under the preceding paragraph, Paging Provider may cancel the
BFR or volume and term commitment at any time, but in the event of such
cancellation Paging Provider will pay Qwest's reasonable development costs
incurred in providing the Interconnection to the extent that those development
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costs are not otherwise amortized.
15.If either Party believes that the other Party is not requesting, negotiating
or processing any BFR in good faith, or disputes a determination, or quoted price
or cost, it may seek arbitration pursuant to the Dispute Resolution provision of
this Agreement.
16.CONSTRUCTION CHARGES
16.1. All rates, charges and initial service periods specified in this Agreement
contemplate the provision of network Interconnection services to the extent
existing facilities are available. Except for modifications to existing facilities
necessary to accommodate Interconnection specifically provided for in this
Agreement, Qwest will consider requests to build additional or further facilities for
network Interconnection as described in the applicable Section of this
Agreement.
16.2. All necessary construction will be undertaken at the discretion of Qwest
consistent with budgetary responsibilities, consideration for the impact on the
general body of End Users, and without discrimination among the various
carriers.
16.3. A quote for Paging Provider's portion of a specific job will be provided to
Paging Provider. The quote will be in writing and will be binding for ninety (90)
business days after the issue date. When accepted, Paging Provider will be
billed the quoted price and construction will commence after receipt of payment.
If Paging Provider chooses not to have Qwest construct the facilities, Qwest
reserves the right to bill Paging Provider for the expense incurred for producing
the engineered job design.
16.4. In the event a construction charge is applicable, ~aging Provider
service application date will become the date upon which Qwest receives therequired payment.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized representatives.
Paging Provider
Signature
Qwest Corporation *
Signature
Name Printedrryped
L. T. Christensen
Name Printedrryped
Director
Agreements
Title
Interconnection
Title
Date , Date
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APPENDIX A - Rates and Charges Description
FACILITY CHARGES- All rates and charges are defined in Exhibit A.
Type 1
(i) Between the Serving Wire Center serving Paging Provider s P~C
and the BOP, subject to Section 2.1, Qwest will provide if
applicable all facilities including the NAC or Channel Facility,
Connectivity, Dial Outpulsing, Channel Performance, Multiplexing
and Dedicated Transport at rio charge to Paging Provider.
(ii) Between the BOP and the end office where the DID numbers reside,
subject to Section 2., Paging Provider shall be obligated to
pay for 100 % of the mileage band rates only pursuant to the
appropriate Tariff.
Type 2
(i) Subject to Section 2.1, Paging Provider shall be obligated to pay
at the rates described in Exhibit A for the portion of the facilities used
to deliver Third Party Traffic based on the following Third Party
Traffic percentage (insert percent).
100% of the Non recurring charges incurred due to Paging Provider
relocation or equipment change will be paid.
COMPENSATION FOR DELIVERY OF TYPE 2 QWEST ORIGINATED
TRAFFIC All rates and charges are defined in Exhibit A.
Flat Rate per Trunk: Pursuant to Section 6, Qwest will compensate
Paging Provider on a monthly basis at a flat rate per trunk for delivery of
Type 2Qwest originated traffic as follows:
Type ?:~J0222,,gld.J~;!.1~~.~~~~T,.~~~2T~:;,nsable Traffic percentage
times ~i~~ggJ;~~~Ir$.i~tEf,i~p~~m~~gi\l'g1\~nrff,~Kt~~~J times trunk quantity
Flat Rate per Trunk: Pursuant to Section 6, upon establishment of an
actual three (3) month average Minutes of Use (MOU) per trunk group
type, Qwest will compensate Paging Provider on a monthly basis at a flat
rate per trunk for delivery of Type 2 Qwest originated traffic as follows:
Type 2: Avera~e MqU per trunk time~ ~ Com~ensable Traffic
percentage times t1ll:~1I~~'JltJ~(iI~Jm~1IR times trunk
quantity
The Compensable Traffic percentage shall be calculated as follows:
Compensable Traffic percentage equals one minus Third Party Traffic
percentage.
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BFR PROCESSING FEE All rates and charges are defined in Exhibit A.
Pursuant to Section 15, Bona Fide Request, Qwest shall apply a fee as listed in
Exhibit A for processing each Bona Fide Request submitted by Paging Provider.
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APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM -
THIS IS A TWO YEAR FORECAST
DATE PREPARED: (update required quarterly)
Paging Provider's Point of Connection (POC) (one form required per POC)
New POC
Existing POC I For Internal Use Only
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLLI Code (associated with NXX):
POC CLLI Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL PAGING DID Numbers associated with this POC:
Paaina Provider's Equipment Reauirements (check appropriate liners))Digital Analog- 2-wire- 4-wireTrunk Pulsing: _Multifrequency (MF) _Dial Pulse (DP)
Dual Tone Multifrequency (DTMF)
Start Signaling: _Wink
Outpulsing (4-10 digits)
Immediate (IMM)Delayed Start
Network Channel Interface - Analoa
Reverse Battery - 600 ohms
Reverse Battery - 900 ohms
Loop Start
E & M Signaling - Type I
E & M Signaling - Type II
Network Channel Interface - Diaital:
DS3
DS1 AMI + SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8lS + non-ANSI ESF
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APPENDIX B . TYPE 1 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
Year 1 Year 2
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
I Fo.
'n"ma' Use Only:
Prepared by:
Title:
Date:
Telephone Number:
Please attach additional major network project infonnation to this forecast, per Section
2 of th~ Agreement
Mail completed form to:Qwest
Type 1 Forecast Manger
700 W Mineral Ave., MTD28.
Littleton, CO 80120
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APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
- THIS IS NOT AN ORDER FORM --
THIS IS A TWO YEAR FORECAST
DATE PREPARED:(update required quarterly)
Paging Provider s Point of Connection (POC) (one form required er POCNew POC For Internal Use Only
Existing POC
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLLI Code (associated with NXX):
P~C CLLI Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL PAGING DID Numbers associated with this POC:
Paaina Provider's Equipment Requirements (check appropriate liners))Digital Analog- 2-wire- 4-wireTrunk Pulsing: _Multifrequency (MF) _Dial Pulse (DP)
Dual Tone Multifrequency (DTMF)
Start Signaling: _Wink
Outpulsing (4-10 digits)
Immediate (IMM)Delayed Start
Network Channel Interface - Analoa
Reverse Battery - 600 ohms
Reverse Battery - 900 ohms
Loop Start
E & M Signaling - Type I
E & M Signaling - Type II
Network Channel Interface - Diaital:
DS3
DS1 AMI+SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
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APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
Year 1 Year 2
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
IF'" Infema' Use Only'
Prepared by:
Title:
Date:
Telephone Number:
Please attach additional major network project information to this forecast, per Section
2 of this Agreement
Mail completed form to:awest
Type 1 Forecast Manger
700 W Mineral Ave., MTD28.
Littleton, CO 80120
April 29, 2005/Paging Model Type 1 & 21 Agreement CLEC name/state
Amendment to CDS-OOOOOOOOOO
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
- THIS IS NOT AN ORDER FORM --
THIS IS A TWO YEAR FORECAST
DATE PREPARED:. (update required quarterly)
Paging Provider's Point of Connection (POC) (one form required per POC)
New POC
Existing POC
For Internal Use Only
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLLI Code (associated with NXX):
P~C CLLI Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL PAGING NXX's associated with this POC: (Type 2 Paging Service is only available
to NXX's and associated POCs located within the geographical serving area of the
respective Qwest Local and LATAfToll Tandems)
Paaina Provider's EQuipment ReQuirements (check appropriate line(s))
Trunk Pulsing
Multifrequency (MF-Wink Start)
Common Channel Signaling (SS7)
Digits Required (4-10 digits):
Network Channel Interface - Digital only
(if DS3, identify both DS3 and DS1 level):DS3 DS1AMI+SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
April 29, 2005/Paglng Model Type 1 & 21 Agreement CLEC name/state
Amendment to CDS-OOOOOOOOOO
APPENDIX B . TYPE 2 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
Usaae Forecast. EAS Traffic
Year 1 Year 2
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Equivalent Trunks:Year 1 Year 2
Usaae Forecast. Toll Traffic
Year 1 Year 2
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
'."ntema' Use Only".
Prepared by:
Title:
Date:
Telephone Number:
Please attach additional major network project infonnation
to this forecast, per Section 4.2 of the Agreement
Mail completed form to:Qwest
Type 2 Forecast Manager
700 W Mineral Ave., MTD28.
Littleton, CO 80120
April 29, 2005/Paging Model Type 1 & 21 Agreement GLEG name/state
Amendment to GDS-OOOOOOOOOO
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM -
THIS IS A TWO YEAR FORECAST
DATE PREPARED:(update required quarterly)
Paging Provider's Point of Connection (POC) (one form required per POC)
New POC
Existing POC
For Internal Use Only
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLLI Code (associated with NXX):
P~C CLLI Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number.
List ALL PAGING NXX's associated with this POC: (Type 2 Paging Service is only available
to NXX's and associated POCs located within the geographical serving area of the
respective Qwest Local and LATAITon Tandems)
Paaina Provider's EQuipment ReQuirements (check appropriate liners))
Trunk Pulsing
Multifrequency (MF-Wink Start)
Common Channel Signaling (SS7)
Digits Required (4-10 digits):
Network Channel Interface - Digital only
(if DS3, identify both DS3 and DS1 level):DS3 DS1AMI+SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
April 29, 2005/Paging Model Type 1 & 21 Agreement CLEC name/state
Amendment to CDS-OOOOOOOOOO
APPENDIX B . TYPE 2 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
Usaae Forecast. EAS Traffic
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
Year 1 Year 2
For Internal Use Only:
Equivalent Trunks:Year 2Year 1
Usaae Forecast. Toll Traffic
Busy Season:
Average Busy Hour Minutes of Use
Year 1 Year 2
Average Busy Hour Number of Messages
I Fo, Inlemal Use Only,
Prepared by:
Title:
Date:
Telephone Number.
Please attach additional major network project information
to this forecast, per Section of the Agreement
Mail completed form to:Qwest
Type 2 Forecast Manager
700 W Mineral Ave., MTD28.
Littleton, CO 80120
April 29, 2005/Paging Model Type 1 & 21 Agreement GLEG name/state
Amendment to GDS-OOOOOOOOOO
APPENDIX C
SAMPLE INVOICE
(Paging Provider Name)
(Street Address)
(City, State and Zip Code)
(Phone Number)
REIMBURSEMENT FOR TERMINATING TYPE 2 QWEST ORIGINATED
TRAFFIC
Invoice Number:
State:
Billing Period:
1. Number of Type 1 Trunks
2. MOD per Trunk
3. Rate per Type 1 Trunk
4. Compensable Traffic Factor
5. Reimbursement Due Type 1 Trunks (1 *2*3*4)
6. Number of Type 2 Trunks
7. MOD per Trunk
8. Rate per Type 2 Trunk
9. Compensable Traffic Factor
10. Reimbursement Due Type 2 Trunks (6*7*8*9)
11. Subtotal Reimbursement (5+10)
12. Applicable Taxes
13. Total Reimbursement (11+12)
(quantity)
6000
(insert rate)
(insert factor)
(quantity)
6000
(insert rate)
(insert factor)
April 29, 2005/Paging Model Type 1 & 2/ Agreement CLEC name/state
Amendment to CDS-OOOOOOOOOO
Paging Type 1 Exhibit A
Idaho
Select the appropriate type of contract below.EAS Local Traffic Reciprocal
For cost docket changes, leave blank:Compensation Election
Paging Traffic
Entrance FacilItY & Trunkina Charges
. Analoo
Wire Analog Channels, 1-Way In (Land to Mobile)MTZ1X $0.$0.00
Wire Analog Channels, 1-Way In (Land to Mobile)MTJ1X $0.$0.
Dioital
Wire Digital Channels, 1-Way In (Land to Mobile)M4W1X $0.00
Entrance Facility
DS1 Level MF31X $0.$0.
DS3 Level MF33X $0.$0.00
Intentionally Left Blank
ConnectivItY
Analog, per Analog Channel CK6AX $0.
DS1 Level. per DS1 Facility CK61X $0.
DS1 Activated on a DS3 Facility, per DS1 Activated CK61X $0.
Channel Penonnance
Loop Start PM2GG $0.
Ground Start PM2HG $0.
Loop with Reverse Battery PM2JG $0.
Dedicated Transport
Recurring Charnes
DSO
Over 0 to 8 Miles JZ3TA $0.$0.
XU2T1
Over 8 to 25 Miles JZ3TB $0.$0.
XU2T2
Over 25 to 50 Miles JZ3TC $0.$0.
XU2T3
1.4 Over 50 Miles JZ3TD $0.$0.
XU2T4
DS1
Over 0 to 8 Miles JZ3JA $0.$0.
XUWJ1
Over 8 to 25 Miles JZ3JB $0.$0.
XUWJ2
Over 25 to 50 Miles JZ3JC $0.$0.
XUWJ3
Over 50 Miles JZ3JD $0.$0.
XUWJ4
Multiplexing
DS1 to DSO MXG1X $0.$0.00
DS3 to DS1 MXG3X $0.$0.
Dial Outpulsing
Per Each 1-Wav In or 2-Wav Channel (Land to Mobile)
Analog 2-Wire OUPAX $0.
Analog 4-Wire OUPDX $0.
Digital OUPDX $0.
Operational Support Systems
Development and Enhancements, per Order URCTC $0.
Ongoing Maintenance. per Order URCTD $0.
Daily Usage Record File, per Record $0.000000
Owest Idaho 1st Revision
April 29. 2005
Page 1 of 2
Paging Type 1 Exhibit A
Idaho
NOTES:
Unless otherwise Indicated, all rates are pursuant to Idaho Public Utilities Commission dockets listed below:
B: Cost Docket QWE-01-, Order No. 29408 (January 5 2004) Rates effective January 5 2004
.. Type 1 land to pager traffic will be exchanged on a bill and keep basis between the Parties.
Qwest Idaho 1st Revision
April 29, 2005
$1.851.
Page20f2
Paging Type 2 Exhibit A
Idaho
Select the appropriate type of contract below.EAS Local Traffic Reciprocal
For cost docket changes, leave blank:Compensation Election
Paging Traffic
Entrance Facllltv and Trunklna CharGes
Wire Analo!!, Trunk-Side Termination
2A 1-Way-ln Paging P231X $9.$63.
Wire Analo!!. Trunk-5ide Termination
2A 1-Way-ln Paging P431X $17.$63.
Wire Digital , Trunk-Side Termination
2A 1-Way-ln (Pa!!lll!I)
Initial P4Y1X $18.
SubseQuent P4Y1X $18.
2B 1-Way-ln (Paging)
Initial MZW1X $55.06
SubseQuent M6Y1X $1.
Entrance Facilitv
DS1 MF31X $24.$50.
DS3 MF33X $125,$66,
Intentionally Left Blank
IntentionallY Left Blank
IntentionallY Left Blank
Dedicated Transoort
Recurrina Chames
DSO
Over 0 to 8 Miles JZ3TA $5.$0.
XU2T1
Over 8 to 25 Miles JZ3TB $5.$0.
XU2T2
Over 25 to 50 Miles JZ3TC $5.$0.
XU2T3
1.4 Over 50 Miles JZ3TD $5.$0.
XU2T4
DS1
OverOto 8 Miles JZ3JA $8.$0.
XUWJ1
Over 8 to 25 Miles JZ3JB $8.$0.
XUWJ2
Over 25 to 50 Miles JZ3JC $8.$0.45
XUWJ3
Over 50 Miles JZ3JD $8.$0.
XUWJ4
DS3
Over 0 to 8 Miles JZ3KA $61.$4.
XUWK1
Over 8 to 25 Miles JZ3KB $65.$5,
XUWK2
Over 25 to 50 Miles JZ3KC $62,$6,
XUWK3
Over 50 Miles JZ3KD $62.$6,
XUWK4
Intentionallv Left Blank
Trunk Routina Rearranaement
2A Direct Final to Alternate Final NRB2F $17.
2A Alternate Final to Direct Final NRB2H $17.
Multlolexina
DS1 to DSO MXG1X $63.$46,
DS3 to DS1 MXG3X $73,$46.
Owest Idaho 1st Revision
April 21 2005
Page 1 of2
Paging Type 2 Exhibit A
Idaho
Intentional Left Blank
8 0 eratlonal Su ort S stems
Develo ment and Enhancements er Order URCTC
URCTDoln Maintenance er Order
er Record 000419
128.
NOTES:
Unless otherwise indicated. all rates are pursuant to Idaho Public Utilities Commission Dockets:
Cost Docket OWE-T-D1-11 , Order No. 29408 (January 5,2004) rates effective January 5, 2004.
Rates are a result of applying a Idaho Transit Factor of 24%
Owest Idaho 1st Revision
April 21 2005 Page20f2
EXHIBIT
Dear Customer:
Owest previously announced changes to our service offerings for Wireless and Paging Type
1 and Type 2 Interconnection Customers to align with recent Federal Communications
Commission (FCC) ordered ruling. As was discussed in the previous notice, in its recent
order /n the Matter of Deve/oping Unified /ntercarrier Compensation Regime (the T-Mobile
matter), FCC 05-, released February 24, 2005, the FCC clarified a preference for
contractual arrangements for wireless termination arrangements by (i) prohibiting LECs from
imposing compensation obligations for non-access CMRS traffic pursuant to tariff, (ii)
amending its rules to clarify that a LEC may request interconnection from a CMRS provider
and invoke the negotiation and arbitration procedures set forth in section 252 of the Act, and
(iii) identifying state commission implemented or approved rates as the applicable interim
rates once a LEC initiates the negotiation process. The FCC provides no further guidance on
implementation of these changes during this transition period.
In order to comply with the FCC's T-Mobile order, Owest has taken action to withdraw any
state tariffs for Wireless (including Paging) Type 1 and Type 2 Interconnection in many states
and will continue to do so for any remaining states. However, as discussed in the previous
notice , Owest began to offer continuing and comparable service via the Wireless or Paging
Interconnection Agreement(s), as applicable, for both service categories. The vast majority of
customers receiving the previous notice have not engaged in negotiations with Owest in
order to complete the interconnection agreements. Under the rules applying to the interim
arrangements in place between Owest and these customers, as codified in 47 C.
~51. 715, these arrangements must terminate if an agreement is not complete or neither party
has filed for arbitration.
Owest has no desire to jeopardize its customers' services, nor does it wish to take this large
number of its customers through the time and expense of an arbitration in order to finalize
these agreements. However, Owest is required to complete interconnection agreement
negotiations its customers. Therefore, Owest is sending another notice its customers who
have not completed interconnection agreement negotiations in order to renew the interim
arrangements in place and permit Owest and its customers to complete negotiations for an
interconnection agreement. In order to continue to make this transition as seamless as
possible for CMRS providers, Owest will , renew the interim arrangements which were in
place under the previous notice effective as of the date of this notification and letter. Since
Owest has not received requests for changes in the interim arrangements from its customers,
Owest does consider these interim arrangements accepted by "-WSP:;:. for all existing and
future traffic exchanged with Owest and is continuing to file the terms and conditions of those
interim arrangements with the appropriate state commissions as the terms and conditions of
the interim interconnection arrangement(s) between Owest and "-WSP:;:.. For ongoing filings,
Owest will supplement those filings with this notice.
For all purposes, this letter shall be deemed a new formal request for negotiations between
Owest and "-WSP:;:., pursuant to 47 C.R. 20., as revised by the FCC in the Mobi/e
decision. The terms of the Agreement(s) you received with the previous notice remain the
terms and conditions of Owest's template interconnection agreement which will be used for
such negotiations between Owest and "-WSP:;:.. Consistent with C.R. 20., the interim
rates identified in this letter and attachments shall apply during the pendency of the
interconnection negotiations. Should negotiations not be concluded within the timeframe set
forth in the Telecommunications Act of 1996, Owest may file for arbitration with the applicable
state commission between the 135th and 160th day after the date of this letter, or February 22
2006 and March 19, 2006 respectively.
If you have any questions or would like to discuss this notice please contact your Owest
Service Manager, ((Serv FName)) ((Serv LName)) on ((Serv Phone)). Owest appreciates
your business and we look forward to our continued relationship under an appropriate
interconnection agreement with .:::.WSP';:-
Sincerely
Larry Christensen , Director
Interconnection Agreements