20020506Application.pdf

STOEL 101 5.Capitol Boulevard.Suite 1900
RIVES 2.22 o°o
LLP fax [phone]
www.stoel.com
ATTORNEYS AT LAW
May 2,2002
NEW CASE :SON
[phone]
email [e-mail]
Ms.Jean Jewell,Secretary
Idaho Public Utilities Commission
472 W.Washington Street
Boise,Idaho 83720-0074
Re:Case No.ff /
Joint Application of Qwest Corporation and Metrocall,Inc.for
Approval of the Paging Interconnection Agreementfor the State of
Idaho pursuant to 47 U.S.C.252(e)
Dear Ms.Jewell:
Enclosed for filing with tl1is Commission is an original and three (3)copies of the PagingInterconnectionAgréementbetweenQwestCorporationandMetrocall,Inc.for the State of Idaho.ThepartiesrespectfullyrequestthatthismatterbeplacedontheCommissionDecisionMeetingAgendaforexpeditedapproval.
Please contact me if you have any questions concerning the enclosed.Thank you for your
assistance in this matter.
Sincerely,
Mary S.bson
Enclosures
cc:Steve Day (with pleading,with agreement)
John Love (with pleading,with agreement)
Oregon
Washington
California
Ut a h
IdahaBoise-140433.1 0029164-00016
Mary S.Hobson (ISB#:2142)
Stoel Rives LLP .
101 S.Capital Blvd.,Suite 1900
Boise,ID 83702
Tele:[phone]
FAX:[phone]
Steve Day
Metrocall,Inc.
6677 Richmond Highway
Alexandria,Virginia 22306 NE W CASE
Tele:[phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST )CORPORATIONAND METROCALL,INC.)
FOR APPROVAL OF THE PAGING )CASE NO.É$Û
INTERCONNECTION AGREEMENT FOR )THE STATE OF IDAHO PURSUANT TO 47 )
U.S.C.§252(e))
Qwest Corporation ("Qwest")and Metrocall,Inc.("Metrocall")hereby jointly file this
Paging Interconnection Agreement for the State of Idaho,dated March 21,2002 (the
"Agreement").A copy of the Agreement is submitted herewith.
The Agreement was reached throughvoluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e)of the Communications
Act of 1934,as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2)of the Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that:the agreement (or
portion thereof)discriminates against a telecommunications carrier not a party to this
Application for Approval of the Paging Interconnection Agreement for the State of Idaho Between Qwest and Metrocall,Inc.-1Boise-140430.1 0029164-00016
agreement;or,the implementation of such an agreement (or portion)is not consistent with the
public interest,convenience and necessity.
Metrocall and Qwest respectfullysubmit that this Paging Agreement provides no basis
for either of these findings,and,therefore jointly request that the Commission approve this
Agreement expeditiously.The Agreement is consistent with the public interest as identified in
the pro-competitive policies of the State of Idaho,the Commission,the United States Congress,
and the Federal Communications Commission.Expeditious approval of the Agreement will
enable Metrocall to interconnect with Qwest facilities and provide customers with increased
choices among local telecommunications services.
Metrocall and Qwest further request that the Commission approve this Paging
Agreement without a hearing.Because this Agreement was reached through voluntary
negotiations,it does not raise issues requiring a hearing and does not concern other parties not
a party to the negotiations.Expeditious approval would further the public interest.
Respectfully submitted this day of May,2002.
Qwest Corporation
Stoel Rives,LLP
and
Steve Day
Metrocall,Inc.
Application for Approval of the Paging Interconnection Agreement for the State of Idaho Between Qwest and Metrocall,Inc.-2
Boise-140430.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this day of May,2002,I served the foregoing JOINT
APPLICATION OF QWEST CORPORATION AND METROCALL ,INC.FOR
APPROVAL OF THE PAGING INTERCONNECTION AGREEMENT FOR THE STATE
OF IDAHO PURSUANT TO 47 U.S.C.§252(e)upon all parties of record in this matter by
mailing a copy thereof properlyaddressed,with postage prepaid as follows:
Ms.Jean Jewell,Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise,Idaho 83720-0074
Steve Day
Metrocall,Inc.
6677 Richmond Highway
Alexandria,Virginia 22306
John Love
Contract Development &Services Specialist
Qwest
7800 E.Orchard Rd.,#250
Englewood,CO 80111
P
Application for Approval of the Paging Interconnection Agreement for the State of Idaho Between Qwest and Metrocall,Inc.-3
Boise-140430.1 00291644)0016
PAGING CONNECTION
AGREEMENT
BETWEEN
QWEST CORPORATION
AND
METROCALL,INC.
PAGING INTERCONNECTION AGREEMENT
This Paging Interconnection Agreement ("Agreement"),is between Metrocall,Inc.
a Delaware corporation ("Metrocall"or "Paging Provider")and Qwest Corporation f/klaUSWESTCommunications,Inc.("Qwest"),a Colorado corporation.
WHEREAS,Qwest and Paging Provider each are facility-based providers oftelecommunicationsservices;
WHEREAS,Paging Provider is a Commercial Mobile Radio Service providerundertheCommunicationsActof1934,as amended (the "Act"),licensed by theFederalCommunicationsCommission("FCC");
WHEREAS,Qwest is an incumbent local exchange carrier ("ILEC");
WHEREAS,the Parties desire to interconnect their respective systems in atechnicallyandeconomicallyefficientmanner;
WHEREAS,the Parties desire to interconnect their respective systems on termsthatarefairandequitabletobothParties;and
NOW THEREFORE each Party,intending to be legally bound,hereby covenantsandagreesasfollows:
1.RESERVATIONS OF RIGHTS;CHANGES IN THE LAW
1.1 The Parties by entering into this Agreement reserve all rights andpositionsthattheyhavetaken,are taking,or will take in the future before,including but not limited to,any court or federal or state agency with
respect to:(a)whether CMRS carriers are entitled to terminatingcompensationforone-way paging traffic and the appropriate rate for anysuchcompensation,(b)whether CMRS carriers are entitled to terminatingcompensationforone-way paging traffic at the same rate and on the
same terms and conditions as other telecommunications traffic,(c)whether an ILEC is obligated to bear the costs of interconnection facilitiestotheextenttheyareusedtodelivertheILEC's traffic to a CMRS carrierforLocalTermination,and (d)the entitlement of a CMRS carrier tointerconnectionatpricescomparabletotheunbundlednetworkelement("UNE")prices for equivalent services or facilities;and (e)any otherpositioneitherPartymayhaverelatingto,arising out of,or in connectionwith(i)the Act and the FCC rules and Orders implementing or relatingthereto;or (ii)any state law relating to telecommunications.
1.2 The Parties have agreed to certain provisions in this Agreement,based
on their respective understanding of the current state of the law,rules,
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regulations and interpretations thereof,as of the date hereof (the "Existing
Rules").To the extent that the Existing Rules are amended or modified in
a manner material to this Agreement and such changes have become a
Final Order (the "New Rules"),then the Parties shall negotiate in good
faith in an effort to amend the Agreement to bring this Agreement intocomplianceonaprospectivebasiswiththeNewRules.If the Parties areunabletoagreeuponsuchanamendment,the matter shall be resolved in
accordance with the Dispute Resolution provisions of this Agreement.
1.3 This Agreement does not establish billing rates governing SS7 service if
Paging Provider elects at a future point in time to implement SS7signalingtechnologyinanyportionofitsnetwork.The issue as to the
rates at which SS7 services shall be made available to Paging Provider
has been left unresolved at this time by the Parties and this Agreement isnotintendedandshallnotbeconstruedasawaiverbyeitherpartyoftheirrespectivepositionswithregardtothispricingissue.
2.SCOPE OF AGREEMENT
2.1 This Agreement covers both Type 1 and Type 2 Paging Connection
Service,which consists only of those one-way facilities and services that
are provisioned by Qwest for the sole purpose of delivering one-way,
land-to-pager traffic sent by Qwest's End Users and Transit Traffic to
Paging Provider's POC(s).Type 1 and Type 2 Paging Connection Service
enables Qwest's End Users and other telecommunications carrierstransitingQwest's network to page End Users of Paging Provider's
network.This Agreement includes and incorporates by reference all
accompanying appendices and attachments.
2.1.1 When local routing number local number portability (LRN/LNP)is
,implemented at a Qwest end office where Paging Provider has
been assigned Type 1 numbers,the Parties shall negotiate in
good faith to determine whether it is technically feasible and
economically efficient for both parties (taking into consideration
the cost savings,if any,and cost increases,if any,associated withtheportingofnumbers)to have any or all such numbers ported
from the end office where the numbers reside to the PagingProviderSwitchviaaType2tandemlevelinterconnectionwhileretainingtheratingofsuchnumbersattheendoffice.If thoseconditionsaremet,the Parties shall cooperate in good faith to
revise their interconnection arrangement in this manner.
2.1.2
2.2 Facilities for Delivery of Transit Traffic
2.2.1 Qwest will deliver Transit Traffic to Paging Provider's POC over
the same facilities and trunks used to deliver Qwest's End User
originated calls.
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2.3 [Left blank for numbering consistency.]
2.4 This Agreement recognizes the unique status of traffic delivered toenhancedserviceproviders.For purposes of this Agreement,Enhanced
Services traffic,such as voice-mail,that is not incidental to PagingProvider's primary business,is not Compensable Traffic.Additionally,traffic originated by one Party,and delivered to the other Party,which inturndeliversthetraffictoanInternetServiceProvider(a)shall bedeemedinterstateinnature,(b)shall not qualify as Compensable TrafficunderthisAgreement,and (c)Qwest shall not be obligated to deliversuchtraffictoPagingProviderunderthisAgreement.
2.5 This Agreement does not cover delivery of traffic from Paging Provider'snetworktoQwest's network.Should Paging Provider desire to delivertraffictoQwestfromPagingProvider's End Users,the Parties shallnegotiateingoodfaithsuchappropriateadditionalordifferentinterconnectionarrangementsforsuchtraffic.
2.6 Delivery of Paging Traffic
2.6.1 Paging Connection Service delivers paging traffic to the PagingProvider's POC(s)as identified ·in Appendix B.
2.6.2 Pursuant to joint planning as specified in the Forecasting section
of this Agreement,Qwest shall determine all aspects andelementsofthePagingConnectionServicefacilitiesthatitprovidesitself,including,but not limited to,design,location,quantities,distance,etc.Qwest shall base this determination ontechnicalandeconomicefficiencyconsiderations,e.g.,networkrequirements.Subject to the provisions of this Section,Qwest
shall nionitor its usage on Paging Connection Service and will'reconfigure trunk groups,as it deems necessary.Qwest reserves
the right to review,revise or modify its Paging Connection Service
at any time for any lawful business reason.All circuits andequipmentprovidedbyQwestwillalwaysbewhollyownedandoperatedbyQwest.Qwest shall provide interconnection andinterconnectionfacilitiesforPagingConnectionServicethatareequalinqualitytowhatQwestprovidesitself,its affiliates,or other
carriers.Paging Connection Service facilities shall be engineeredtobeconsistentwiththeEighthCircuitcourtdecision,BellCore
Special Report SR-TAP-000191 and any applicable requirements
in the state of Idaho.
2.6.3 Paging Provider's and Qwest's equipment and systems will becompatible,and will be consistent with normally accepted industrystandardsasdefinedinBellcoreTechnicalReferenceGR-145-CORE entitled "Compatibility Information For Interconnection of a
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Wireless Services Provider and a Local Exchange Carrier
Network".
2.6.3.1 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.
2.6.3.2 When Qwest is not able to complete calls because of amalfunction,Qwest will provide proper voice
announcement or distinctive signals to the calling partyadvisingthatthecallcannotbecompleted.
2.6.3.3 Paging Provider and Qwest will provide supervisory
tones or voice announcements to the calling party on
all calls,consistent with standard industry practices.
2.6.3.4 Paging Provider shall provide a sufficient quantity ofequipmentportstoaccommodatethenumberoftrunks
provided by Qwest.
2.6.4 Type 1 and Type 2 Paging Connection Service will be established
in accordance with the specifications set forth in Bellcore GR-145-
CORE and in accordance with the following:
2.6.4.1 The Parties at present are interconnected at numerous
points and in various manners throughout the Qwest
serving area.The present network design and
resulting interconnection arrangements are technicallyfeasibleandefficient.Paging Provider may designate
new or additional POCs where it wants to receive traffic
from Qwest.The Parties must cooperate and work
together to maintain efficient interconnection during the
term of the Agreement.Any related dispute shall beresolvedaccordingtotheDisputeResolution
procedures set forth in Section 13.14 of thisAgreement.
2.6.4.2 The provisions of this Section apply to all existing andfuturePagingConnectionServicearrangements.
2.6.4.3 Type 1 Paging Connection Service
2.6.4.3.1 Subject to Section 2.6.4.3.2,Paging Provider
may designate new or additional POCs
anywhere within the LATA.
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2.6.4.3.2 Billing Demarcation Point:
2.6.4.3.2.1 The Billing Demarcation Point
between Qwest's and Paging
Provider's networks shall be located
within the LATA at either (i)37.5
airline miles from the Qwest
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
Qwest End Office that houses the
DID numbers,or (ii)at the Qwest
Serving Wire Center of PagingProvider's Point of Connection
when such Serving Wire Center is
located within the LATA and less
than 37.5 airline miles from the
Qwest End Office that houses the
DID numbers.Paging Provider is
only responsible for recurring
charges for Exempt Traffic between
the Billing Demarcation Point and
Paging Provider's Point ofConnection.Such charges will be
assessed pursuant to Appendix A,
Section II.
2.6.4.3.2.2 When the Billing Demarcation Point'is established at the 37.5 mile mark
as described in 2.6.4.3.2.1(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
Qwest 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 II.
2.6.4.3.3 If Paging Provider has any full NXX codesdeployedusingaType1connection,PagingProviderwilltakereasonablestepstoconvert
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these to a Type 2 connection within a
reasonable period of time after the Approval
Date hereof.
2.6.4.4 Type 2 Paging Connection Service
2.6.4.4.1 Within a LATA,Paging Provider may designatemultiplePOCsatwhichitwishestoreceivepagingtrafficfromQwest.Each such POCshallreceivetrafficfromtheQwestLocaland
Toll Tandem serving the geographic area inwhichthePOCislocated.Type 2 PagingConnectionServiceshallneverextendbeyondtheboundariesofthegeographicareaof
Qwest's Local Tandem serving PagingProvider's POC.Qwest shall not beresponsibleforproviding,maintaining or payingforfacilitiesusedtoconnectPagingProvider
POC(s)to Paging Provider's equipment or
network.
2.6.4.5 The location of the POC will determine the method ofinterconnection.The following arrangements forinterconnectionareavailable:(1)Network AccessChannel;(2)Mid-Span Meet facilities;(3)Inter LCA
Facility.
2.6.4.5.1 Network Access Channel
A NAC facility extends from the Serving
Wire Center of Qwest to the Paging'Provider's paging terminal location.NACfacilitiesmaynotextendbeyondthearea
served by Qwest's Serving Wire Center.A
NAC must always be provisioned with Type
1 or Type 2 Service for connection,identification,and billing purposes.(The
Paging Provider is only responsible for
recurring and non-recurring charges forExemptTrafficbetweentheQwestServing
Wire Center of the Paging Provider's Point
of Connection and the location of PagingProvider's Point of Connection).
The digital option for NAC is available onlywheretechnicallyfeasibleorwherePagingProvideragreestopayConstruction
Charges to build necessary facilities.
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2.6.4.5.2 Mid-Span Meet (POC)
A Mid-Span Meet POC is a negotiated point
of connection,limited to the joining of
facilities between Qwest's switch and the
Paging Provider's paging terminal.Mid-
Span Meet POC may be accomplished by
the Parties through the negotiation of a
separate Agreement.The actual physicalpointofconnectionandfacilitiesusedwill
be subject to negotiations between the
Parties.Each Party will be responsible for
its portion of the build to the Mid-Span Meet
POC.
2.6.4.5.3 InterLCA Facility:
Paging Provider may request Qwest-
provided facilities to transport EASILocal
Traffic from a virtual POC in a QwestEAS/LCA to a POC located in a distant
EASILCA (a distant POC').The Qwest-provided facilities interconnecting a Qwest
EASILCA to a distant POC are Type 2
InterLCA Facilities.
The actual origination of the InterLCA
Facility shall be the Qwest Wire Center
located in the EAS/LCA associated with
Paging Provider's NXX.The Termination
point is in the POC in the distant EASILCA.
If the distance between the Qwest Wire
Center in the EASILCA and the Serving
Wire Center is twenty miles or less,the
fixed and per-mile rates for Direct TrunkTransport(DTT)shall apply in accordance
with Appendix A.
If the distance between the Qwest Wire
Center in the EAS/LCA and the Serving
Wire Center of the distant POC is greater
than twenty miles,the fixed and per-mile
DTT rates shall apply to the first twenty
miles in accordance with Appendix A,and
the remaining miles are rated as intrastate
monthly fixed and per mile DS1 Private LineTransportServices.The Private Line
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Transport Services rates are contained in
the applicable state Private Line catalogs
and Tariffs.
The facilities connecting the distant POC to
the Qwest Wire Center will be rated as
intrastate DS1 Private Line Transport
Services.The Private Line Transport rates
are contained in the applicable state Private
Line catalogs and Tariffs.
Paging Provider will be charged for the firsttwentymilesoftheInterLCAFacilityas
specified in Appendix A,to reflect theportionoftheInterLCAFacilitythatisused
by Qwest to transport Qwest-originatedtraffictoPagingProviderQwestshallnotberequiredtoreducethePrivateLine
Transport Services rates for the portion of
the InterLCA Facility that exceeds 20 miles
in length.
The InterLCA Facility may be utilized with a .
DS1 to DSO multiplexer in the Qwest Wire
Center.A DSO level Type 2 Interconnection
trunk may use the InterLCA DS1 as
Customer Facility Assignment (CFA)within
the originating EASILCA.
In addition Paging Provider may choose topurchaseaPrivateLineTransportServices
DS3 from Qwest as a CFA on which theType2InterLCAFacilitywouldride.Paging
Provider will purchase a Private Line DS3 to
DS1 multiplexer to support the DS1
InterLCA Facility.If Paging Provider
chooses to utilize a Private Line DS3 as
CFA,these rates will be billed out of the
applicable Private Line Transport Services
catalogs or Tariffs.
The InterLCA Facility cannot be used to
access unbundled network elements.
The InterLCA Facility is available onlywherefacilitiesareavailable.Qwest is notobligatedtoconstructnewfacilitiestoprovideanInterLCAFacility.
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2.6.5 Any proposed post-installation changes of systems,operations or
services,other than the Paging Connection Services,which wouldmateriallyaffecttheotherParty's system,operation or services
must be coordinated with the other Party by giving as muchadvancenoticeasisreasonable,and in no event in less than
ninety (90)days,of the nature of the changes and when they will
occur.For Paging Connection Service,changes may be madeonlyinaccordancewiththeprovisionsofthisAgreement.
2.6.6 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.
2.6.7 If Qwest proposes any change to the listed rate in any Tariff to
which Paging Provider is subject under this Agreement,Qwest
shall give Paging Provider such notice as is required by statute,
Commission rule or Tariff,or if no notice is required,thirty (30)
days'advance notice.Nothing in this Section is intended to limit
any right of Paging Provider to challenge any change of such
rates.
3.DEFINITIONS
3.1 "Act"means the Communications Act of 1934 (47 U.S.C.151 et.seq.),asamendedinterakabytheTelecommunicationsActof1996,and as from
time to time interpreted in the duly authorized rules and regulations of the
courts,FCC,or competent state regulatory bodies.
3.2 "Billing Demarcation Point"("BDP")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 ascontemplatedbySection2.6.4.There need be no physical demarcation
of the Billing Demarcation Point.
3.3 "Commercial Mobile Radio Service"("CMRS")is a mobile service that is:
(a)(1)provided for profit;(2)an interconnected service;and (3)available
to the public,or to such classes of eligible users as to be effectivelyavailabletoasubstantialportionofthepublic;or (b)the functional
equivalent of such a mobile service described in Section 3.3(a)above.
3.4 "Commission"means the Idaho Corporation Commission and any
successor state agency that performs the same or substantially the sameregulatoryfunctions.
3.5 "Compensable Traffic"means the portion of all traffic delivered by QwesttoPagingProvideruponwhichterminatingcompensationistobepaid,if
any,as set forth on Appendix A.
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3.6 "EASILocal Calling Area"means the geographic area defined by the EASboundariesasdeterminedbytheCommissionanddefinedinQwest's
Local and/or General Exchange Service Tariff within which LEC
customers may complete a landline call without incurring toll charges.Traffic originated and terminated within the same EAS boundary isconsideredtobeEASILocalandistobeconsideredlocalforpurposes ofthisAgreement.
3.7 "End User(s)"means a third-party (residence or business)that subscribestoTelecommunicationsServicesprovidedbyeitheroftheParties.
3.8 "Enhanced Services"are services offered over common carriertransmissionfacilitiesusedininterstatecommunications,which employcomputerprocessingapplicationsthatactontheformat,content,code,protocol or similar aspects of the subscriber's transmitted information;provide the subscriber additional,different or restructured information;orinvolvesubscriberinteractionwithstoredinformation.
3.9 "Exempt Traffic"means the portion of all traffic delivered by Qwest toPagingProviderwhichisnotCompensableTraffic,as set forth onAppendixA.The Parties agree for purposes of this Agreement thatExemptTrafficincludesinter-MTA traffic,Transit Traffic and trafficoriginatedbyQwestcustomerswhichisroutedtoaPagingProviderPOC
located in a different LATA than where the call originates.
3.10 "FCC"means the Federal Communications Commission and any
successor federal agency that performs the same or substantially the
same regulatory functions.
3.11 "Final Order"means an Order or Orders entered by the Commission ortheFCCwithrespecttowhich(a)the time period for seekingréconsiderationorreview,or filing a judicial appeal,shall have elapsedwithoutthefilingofanypetitionforreconsideration,application for review,or appeal by any party or third party and,if the Order or Orders weregrantedbytheCommissionorFCCstaffondelegatedauthority,the timeperiodforreviewbythefullCommissionorFCConitsownmotionshallhaveexpiredwithoutsuchreviewhavingbeenundertakenwithrespecttosuchOrders,or any aspect or portion thereof,or (b)a petition forreconsideration,application for review,or appeal has been filed or the fullCommissionorFCChasundertakenreviewonitsownmotion,but theOrderorOrdersshallhavebeenreaffirmedorupheldorthechallengetheretoshallhavebeenwithdrawnordismissedandtheapplicableperiodforseekingfurtheradministrativeorjudicialreviewwithrespecttosuchactionshallhaveexpiredwithoutthefilingofanyaction,petition orrequestforfurtherreview.
3.12 "InterLATA service"is telecommunications between a point located in aLATAandapointlocatedoutsidesuchLATA.
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3.13 Inter Local Calling Area ("InterLCA Facility")is an interconnection DS1offeringthatallowsPagingProvidertoestablishavirtualPOCinadistantcallingarea.
3.14 "IntraLATA service"is telecommunications between two points locatedwithinasingleLATA.
3.15 "Local Access and Transport Area"("LATA")means a contiguousgeographicarea:a)established before the date of enactment of theTelecommunicationsActof1996byaBellOperatingCompanysuchthat
no exchange area includes points within more than 1 metropolitan
statistical area,consolidated metropolitan statistical area,or State,except
as expressly permitted under the AT&T Consent Decree;or (b)established or modified by a Bell Operating Company after such date ofenactmentandapprovedbytheFCC.
3.16 "Local Tandem"is a Qwest switching system that switches calls to andfromendofficeswithintheCommission-defined Wireline local calling areaforcallcompletion.
3.17 [Left blank for numbering consistency.]
3.18 "MTA"or "Major Trading Area"is a geographic area established in RandMcNally's Commercial Atlas and Marketing Guide,as modified and used
by the FCC in defining CMRS license boundaries for CMRS providers forpurposesofSections251and252oftheAct.
3.19 "NXX"means the fourth,fifth and sixth digits of a ten-digit telephone
number,and designates a Central Office Code.
3.20 "Order"means any order,writ,injunction,decree,stipulation,decision,ora^ward entered or rendered by the Commission or the FCC.
3.21 "Party"means either Qwest or Paging Provider and "Parties"means
Qwest and Paging Provider.
3.22 "Point of Connection"or "POC"is the physical connection point(s)between Paging Provider and Qwest;the technical interface(s),test
point(s)and point(s)for operational division of responsibility as set forth inthisagreement.
3.23 "Rate Center"means the specific geographic point (the "Rating Point")and corresponding geographic area that are associated with one or moreparticularNPA-NXX codes that have been assigned to atelecommunicationscarrier.The geographic point is identified by aspecificverticalandhorizontal("V &H")coordinate that is used by Qwest
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in conjunction with the V&H coordinates of other rate centers to calculatedistance-sensitive rates for End User traffic.
3.24 "Routing Point"denotes a location that a telecommunications carrier hasdesignatedonitsnetworkasthehoming(routing)point for traffic thatterminatestoaspecificNPA-NXX designation.The Routing Point need
not be the same as the Rating Point and need not be within the sameRateCenter,but must be in the same LATA as the associated NPA-NXX.
3.25 "Serving Wire Center"or "SWC"denotes the Qwest office from which dialtoneforlocalexchangeservicewill,absent special arrangements,beprovidedtoQwestEndUsers.
3.26 "Tandem Office Switches"are switches that are used to connect andswitchtrunkcircuitsbetweenandamongotherendofficeswitches,"Access Tandems"are Tandem Office Switches that exchange accesstraffic."Toll Tandems"are Tandem Office Switches that exchangeintraLATAtolltraffic.
3.27 "Tandem Service Area"denotes the geographic area that is serviced by aLocalTandemofficeswitchandallendofficessubtendingthattandem.
3.28 "Tariff"as used throughout this Agreement refers to Qwest interstate andstatetariffs,price lists,price schedules,catalogs,and service agreements
as listed on the website httpl/tariffs.uswest.coml.
3.29 "Telecommunications Services"means the offering oftelecommunicationsforafeedirectlytothepublic,or to such classes of
users as to be effectively available directly to the public,regardless of thefacilitiesused.
3.30 "Transit Traffic"is traffic that originates with a telecommunications carrierotherthanQwestthattransitsQwest's network and is delivered to thePagingProvider's POC.The sending and receiving parties are not EndUsersofQwest,the transiting tandem telecommunications carrier.
3.31 "Type 1 Paging Connection Service"is a one-way final route trunk groupbetweenQwest's end office switch and Paging Providers'POC(s)."Type
2 Paging Connection Service"is a one-way final route trunk groupbetweenQwest's Local and Toll Tandem switches and Paging Providers'POC(s).
Terms not otherwise defined here,but defined in the Act or in regulationsimplementingtheAct,shall have the meanings defined there.
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4.RATE ELEMENTS FOR DELIVERY OF EXEMPT TRAFFIC
4.1 Paging Provider will pay Qwest for the portion of the Qwest facilities used
to deliver Exempt Traffic as specified in Appendix A hereto.
4.2 Applicable rate elements are:
4.2.1 Channel (Network Access Channel -NAC).Connection from
Paging Provider's POC to the Serving Wire Center.Non-recurring
charges apply to four-wire digital channels.
4.2.2 Channel Facility (for digital service)-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.
4.2.3 Channel Facility (for digital service)-DS3 level.Twenty-eight
DS1s,including their associated digital voice grade channels,can
be transmitted over one DS3 facility.When using a DS3
multiplexing level,a full DS3 is necessary for the addition of DS1s
even if ordered in increments of less than 28.The facility
transmission rate is 44.736 Mbps.
4.2.4 Dedicated Transport.If the Serving Wire Center is not the Qwest
end office or Local or Toll Tandem,dedicated transport extends
the channels/channel facility from the end office or tandem to the
Serving Wire Center.The interoffice facilities can be either analog
or DS1 or DS3 digital systems.
4,2.5 Multiplexing.Multiplexing performed at the Serving Wire Center
enables a DS1 NAC to be connected to a DSO Dedicated
Transport System.A DS3 system will be multiplexed down to a
DS1 level in order to connect with the digital switch.
5.PAGING CONNECTION ARRANGEMENTS
5.1 Technical Requirements
Equipment Interface.It is solely the Paging Provider's responsibility to
advise Qwest of the equipment interface to be used at Paging Provider's
POC.The technical requirements for the equipment interface must beselectedfromthosespecifiedinAppendixB.Available equipment
interfaces specified in Appendix B are defined in Bellcore Reference
Documents GR145-CORE &BR-795-403-100.
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5.2 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 andinspectionoftheirownequipmentasmaybereasonableandnecessary.
5.3 Forecasting
5.3.1 Either Party shall,at the request of the other Party,participate injointplanningsessionsatquarterlyintervals.The Paging Provider
shall complete a POC Forecast Form -Paging Connection (POC
Forecast Form(s))attached as Appendix B,for each POC and for
each different equipment interface within each POC.Although
Paging Provider is required to complete a POC Forecast Form(s),
such forecasts are not orders for Qwest telecommunications
services.Qwest may use Paging Provider's forecasts and other
sources of data which Qwest independently selects and obtains to
help determine the design and configuration of Paging Connection
Service.Except as set for in Section 2.6.2 hereof,Qwest is under
no obligation to provide services to meet the usage forecasted bythePagingProviderinthePOCForecastForm,such information
is for Qwest's planning purposes only.
5.3.1.1 Paging Provider shall complete the first POC Forecast
form(s)upon execution of this Agreement.Thereafter,
Paging Provider must complete and send QwestupdatedPOCForecastForm(s)quarterly.If Qwest
does not receive an updated form with a new forecast
each quarter,then Qwest will rely on the last formreceivedanditsowncurrentmeasurementoftraffic
.over the Paging Connection Service facilities.
5'.3.2 Qwest shall,upon execution of this Agreement,provide PagingProviderwithanydatainitspossessionregardingthevolumeoftrafficoverthePagingConnectionServicefacilities.Thereafter,Qwest shall on a quarterly basis send Paging Provider anyupdatedtrafficdatainitspossession.
5.3.3 Each Party shall submit to the other Party a description ofanticipatedmajornetworkprojectsthatcouldaffecttheotherParty;at a minimum,the Party will provide at least ninety (90)days'advance written notice of the nature of the changes andwhenthechange(s)will occur.Major network projects include:
shifts in anticipated traffic patterns or other activities that wouldresultinasignificantincreaseordecreaseintraffic.Theseprojectsshallalsoinclude,but are not limited to,issues ofequipmenttypesandnetworkcapacity,usage,and location.
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Paging Provider shall attach the above information to the updated
POC Forecast Form(s)as appropriate.
5.4 Rate Centers
In the context of Type 2 Paging Connection Service,for purposes ofcompensationbetweenthePartiesandtheabilityofQwesttoappropriatelyapplyitstolltarifftoitsEndUsers,Paging Provider shall
select an end office as a Rate Center for each NXX code that is within the
Tandem Service Area of the Tandem Office Switch to which PagingProviderinterconnects.Until such time as the assignment of less thanwholeNPA-NXX codes to each Rate Center is technically and
economically feasible,Paging Provider shall assign whole NPA-NXX
codes to each Rate Center.
5.5 Routing Points
With respect to Type 2 Paging Connection Service,Paging Provider will
also designate a Routing Point for each designated NXX code.PagingProvidershalldesignateoneofitsswitchlocationsastheRoutingPointforeachNXXcodeassignedtoPagingProvider.
6.LOCAL TRANSPORT AND TERMINATION RATES
6.1 Except as defined in Section 7,Qwest will pay Paging Provider for thetransportandterminationofCompensableTrafficassetforthinAppendix
A.
6.2 Except as defined in Section 7,the following are the requirements for
Paging Provider to render a bill for Compensable Traffic.A sample billwillbeprovidedandmutuallyagreeduponatleastthirty(30)days prior toinitiatingsuch,billing.This sample bill shall also display any additionalrgquirementsagreeduponbybothParties.
6.2.1 [Left blank for numbering consistency.]
6.2.2 The Parties will exchange billing contacts and
telephone numbers.
6.2.3 The invoices will include identification of the
monthly bill period (from and through dates),which
will be the first through the last day of the priorcalendarmonth.
6.2.4 Paging Provider will bill Qwest by state and bytrunkgroup.
6.2.5 Paging Provider will assign an Invoice Numberand/or Billing Account Number.
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6.2.6 Paging Provider will provide a Remittance
Document including:remittance address,InvoiceNumberand/or Billing Account Number,amount
due and Payment Due Date (at least thirty (30)
days from invoice issuance date).
6.2.7 The rendered bill will include a summary of charges
and total amounts due.
6.2.8 Charges incurred during the bill period will be
reflected on the next bill.Minute of use ("MOU")
rates will be displayed for all charges.
6.2.9 Invoice will include all adjustments,credits,debits
and payments.
6.2.10 Invoice will include all applicable taxes and
surcharges.Paging Provider will calculate,bill,
collect and remit applicable taxes and surcharges
to the appropriate authorities.
6.2.11 Paging Provider's invoices to Qwest will be
provided on paper,unless a mechanized format is
mutually agreed upon.
6.2.12 (Left blank for numbering consistency.]
6.2.13 Total messages will 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)3)the
product will be multiplied by the Compensable
Traffic percentage and 4)the result rounded to the
nearest whole minute.
6.2.14 In the absence of actual hold time data,it will be
assumed that average hold time per paging
message is 20 seconds.
6.3 Billing disputes will be resolved through the Dispute Resolution provisions
of this Agreement.
7.Zero Bill Option
7.1 The parties may agree to utilize the zero bill option in this Section 7 after
conferring and exchanging data regarding facilities and usage.Under the
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zero bill option,the parties will not exchange bills for reciprocalcompensationforQwest-originated traffic and for local and non-localinterconnectionfacilitiessubjecttoandonlyaslongasthefollowingconditionsareallmet:(i)Qwest's facilities charges and Metrocall's
charges for terminating compensation are "relatively equal,"as definedbelow;(ii)Metrocall shall migrate from Type 1 to Type 2 PagingConnectionServicewhenafullNXXisassigned,as provided in Section2.6.4.3.3;(iii)shall pay one hundred percent (100%)of all nonrecurringchargesforinterconnectionfacilitiesasprovidedonAppendixA;and (iv)Metrocall shall pay for all facilities and services that are notinterconnectionfacilitieslistedinSchedule1,including but not limited toprivatelineservices,800 page line services,wide area calling services,DID number nonrecurring charges.If the Parties'charges are notrelativelyequalbasedonaonemonthstudyconductedeverysixmonths,then the Zero Bill option shall terminate and charges shall be determinedandbilledbasedontheratesspecifiedinthisAgreement.
7.2 As used in this Section,"relatively equal"shall mean that Qwest's
charges for local and non-local interconnection facilities,determined asprovidedinSection4ofthisAgreement,are equal to Metrocall's chargesforreciprocalcompensationasprovidedinSection6andAppendixA,plus or minus ten percent (10%).
7.3 Currently,the charges between Qwest and Metrocall are not relativelyequal,therefore Metrocall with pay Qwest a monthly lump sum based on
a one month study to be conducted every six months from the EffectiveDateofthisAgreement.
7.4 If the Parties are unable to agree whether charges are relatively equal,the Dispute Resolution procedures of this Agreement shall apply.
8.SERVICE IMPAIRMENT
8.1 The characteristics and methods of operation of any circuits,facilities orequipmentofeitherPartyconnectedwiththeservices,facilities orequipmentoftheotherPartyshallnot:1)interfere with or impair service
over any facilities of the other Party,its affiliated companies,or itsconnectingandconcurringcarriersinvolvedinitsservices;2)causedamagetotheirplant;3)violate any applicable law or regulationregardingtheinvasionofprivacyofanycommunicationscarriedovertheParty's facilities;or 4)create hazards to the employees of either Party ortothepublic.Each of these requirements is hereinafter referred to as an"Impairment of Service."
8.2 If either Party causes an Impairment of Service,as set forth in thisSection,the Party (the "Impaired Party")shall promptly notify the PartycausingtheImpairmentofService(the "Impairing Party")of the natureandlocationoftheproblem.The Impaired Party shall advise the
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Impairing Party that,unless promptly rectified,a temporary
discontinuance of the use of any circuit,facility or equipment may berequired.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.
8.3 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 forpaymentofservicemaintenancechargesasspecifiedinQwest's
Intrastate Switched Access Tariff (cite)or state-specific pricing catalogue,
as appropriate,for the period of time from when the other Party'spersonnelaredispatchedtowhentheworkiscompleted.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.
8.4 To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement,each Party
shall designate a Trouble Reporting Control Office (TRCO)and a toll freetelephonenumberforsuchservice.
Qwest's TRCO number is (800 )784-3414
Paging Provider's TRCO number is [phone]
This number shall give access to the location where facility records are
normally located and where current status reports on any trouble reports
are readily available.
8.5 Each Party shall use its best efforts to isolate a trouble condition(s)to the
other Party's facilities before reporting trouble to the other Party.
9.COLLOCATION
Should the Parties desire to collocate transmission equipment,through either
physical or virtual collocation,the Parties will enter into a separate collocationagreement.
10 ACCESS TO TELEPHONE NUMBERS
10.1 Number Resources Arrangements
10.1.1 Nothing in this Agreement shall be construed in any manner to
limit or otherwise adversely impact either Party's right to request
or to the assignment of any North American Numbering Plan
("NANP")number resources including,but not limited to,central
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office "NXX"codes pursuant to the Central Office CodeAssignmentGuidelines(last published by the Industry Numbering
Committee ("INC")as INC 95-0407-008,Revision 4/19/96,formerly ICCF 93-0729-010).
10.1.2 If changes occur in the manner in which number resources areallocated,administered or handled by the network such thatPagingProvidercanbeandisassignedapartialNXXcodeinlieu
of a whole NXX code for Type 2 connection service,then all
references in this Agreement to an NXX code shall be deemed toincludesuchpartialNXXcodeiftechnicallyfeasible,to the extentappropriateunderCommission(or FCC)orders,rules,or
decisions.
10.1.3 Subject to Section 2.1.2 of this Agreement,Qwest will assign Type
1 numbers to Paging Provider on an equitable non-discriminatory
basis upon reasonable request.Blocks of 100 local numbers will
be provided by Qwest to Paging Provider as available from the
NXX codes assigned to a Qwest End Office.Charges for such
numbers shall be in accordance with Schedule 1.
10.1.4 It shall be the responsibility of each Party to program and update
its own network systems pursuant to the Local Exchange RoutingGuide(LERG)to recognize and route traffic to the other Party'sassignedNXXcodes.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 timelyactivationofNXXassignmentsintheirrespectivenetworks.
10.1.5 Each Party shall be responsible for notifying its End Users of any
changes in numbering or dialing arrangements to include changes'such as the introduction of new NPA's or new NXX codes.
10.1.6 Each Party is responsible for administering NXX codes assigned
to it.Each Party is responsible for arranging LERG input for NXX
codes assigned to its equipment.Each Party shall use the LERGpublishedbyBellcoreoritssuccessorforobtainingroutinginformationandshallprovidethroughanauthorizedLERGinputagent,all required information regarding its network for
maintaining the LERG in a timely manner.
10.1.7 Notwithstanding any provision of this Agreement to the contrary,
Paging Provider reserves the right to challenge,at any time,before the Commission,or any court or agency with jurisdiction,
the reasonableness or appropriateness of any Qwest recurring ornonrecurringchargefornumbers,number assignments,number
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maintenance,number administration and/or other number
resource related charges.
11.QWEST DEX ISSUES
Qwest and Paging Provider agree that certain issues,such as yellow pageadvertising,directory distribution,access to call guide pages,yellow page
listings,will be the subject of negotiations between Paging Provider and directory
publishers,including Qwest Dex.Qwest acknowledges that Paging Provider
may request Qwest to facilitate discussions between Paging Provider and Qwest
Dex.
12.TERM OF AGREEMENT
12.1 Effective Dates
All terms and conditions of this Agreement,including Qwest's obligation
to pay terminating compensation specified in Section III of Appendix A,
shall be effective upon signature subject to the approval by the
Commission (the "Approval Date").
12.2 Initial Term
The "Initial Term"of this Agreement shall expire on December 01,2002.
12.3 Renewal
After the date specified in Section 12.2 above,this Agreement shallcontinueinforceandeffectuntilterminatedbyeitherParty's providingwrittennoticeofterminationtotheotherPartypursuanttothetermsof
this Agreement.
12.4 Termination1/2.4.1 InvoluntaryTermination.This Agreement will terminate upon arevocationorotherterminationofeitherParty's governmental
authority to provide the services contemplated by this Agreement.
If the authority is temporarily suspended,delivery of traffic will
cease only during the suspension if the suspended PartyotherwiseisandremainsinfullcomplianceunderthisAgreement.
12.4.2 Voluntary Termination.The Agreement may be terminated upon
160 days'advance written notice at any time after August 11,
2001.The Parties agree that any such notification of termination
shall be deemed a formal request under Sections 251 and 252 of
the Act for negotiation of an interconnection agreement.During
the termination notice period,the Parties shall negotiate in goodfaithtoreacharevisedagreement.If no such agreement is
reached,the Agreement will terminate on the 161*day after
notice,unless either party has requested arbitration pursuant to
Section 252(b)(1)of the Act,in which case the Agreement will
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continue in force and effect until a successor agreement has been
approved by he Commission.
13.PAYMENT
13.1 Amounts payable under this Agreement are due and payable within thirty
(30)days after the date of invoice,unless disputed in good faith by either
Party.Billing and collection of usage charges by either Party from its End
Users shall have no bearing on the amount or timeliness of either Palty's
payment obligation to the other Party.
13.2 Unless otherwise specif¡ed in this Agreement,any amount due and not
paid by the due date to either Party shall be subject to the late payment
factor of the Qwest intrastate Access Service Tariffs,General Regulations
for the state in which the Paging Connection Service or other service
provided pursuant to this Agreement is rendered.
13.3 Should either Party dispute any portion of the monthly billing under this
Agreement,that Party will notify the other Party in writing within thirty (30)
days of the receipt of such billing,identifying the amount and details of
such dispute.Both Parties agree to expedite the investigation of anydisputedamountsinanefforttoresolveandsettlethedisputepriorto
initiating any other rights or remedies.Each party shall pay all billed
amounts when due,provided,however,that a Party may withhold (i)up to
four months worth of disputed charges (not to exceed $100,000 in the
aggregate for all disputes should multiple disputes exist)pendingresolutionofsuchdispute,and (ii)any disputed amounts pertaining to
reciprocal compensation for internet-related traffic.Should the dispute
be resolved in the non-disputing Party's favor,the disputing Party shall
pay the withheld amounts to the non-disputing Party within thirty days.
Should the dispute be resolved in the disputing Party's favor,the non-
disputing party will credit any paid disputed amounts against the disputing
Party's succeeding monthly bills;provided,however,that if a credit
balance remains for more than 3 months on an account,the non-
disputing Party shall pay the credit balance in cash to the disputing Party.
No late payment factor or charges,interest or other penalties shall apply
to payments or credits made pursuant to the settlement of disputed
amounts provided the payment or credit is made within 30 days following
the resolution of the dispute.
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13.4 If either Party is repeatedly delinquent in making payments,the other
Party may,in its sole discretion,require a deposit to be held as securityforthepaymentofcharges."Repeatedly delinquent"means being thirty
(30)days or more delinquent in the payment of non-disputed amounts for
three (3)consecutive months.The deposit may not exceed the estimated
total monthly charges for a two (2)month period.The deposit may be a
cash deposit,a letter of credit with terms and conditions acceptable to the
requesting Party in its sole discretion,or some other form of mutuallyacceptablesecurity.
13.5 Interest will be paid on cash deposits at the rate applying to deposits
under applicable Commission rules,regulations,or Tariffs.Cash deposits
and accrued interest will be credited to the depositing Party's account or
refunded,as appropriate,upon the earlier of the termination of this
Agreement or one full year of timely payments in full by the depositing
Party.The fact that a deposit has been made does not relieve the
depositing Party from any requirements of this Agreement.
14.MISCELLANEOUS TERMS
14.1.General Provisions
14.1.1 The Parties are each solely responsible for participation in and
compliance with national network plans,including the NationalNetworkSecurityPlanandEmergencyPreparednessPlan.
14.1.2 Each Party is solely responsible for the services it provides to its
End Users and to other telecommunications carriers.
1,4.1.3 The Parties shall work cooperatively to minimize fraud associated
with third-number billed calls,calling card calls,and any other
services related to this Agreement.
14.2 Taxes
Each Party shall pay or otherwise be responsible for all federal,state,or
local sales,use,excise,gross receipts,transaction or similar taxes,fees
or surcharges levied against or upon such Party,except for any tax oneitherParty'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,thepurchasingPartyshallfurnishtheprovidingPartyaproperresaletaxexemptioncertificateasauthorizedorrequiredbystatuteorregulationby
the jurisdiction providing said resale tax exemption.Failure to timelyprovidesaidresaletaxexemptioncertificatewillresultinnoexemptionbeingavailabletothepurchasingParty.
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14.3 Force Majeure
Neither Party shall be liable for any delay or failure in performance of anypartofthisAgreementfromanycausebeyonditscontrolandwithoutitsfaultornegligenceincluding,without limitation,acts of nature,acts of civil
or military authority,government regulations,embargoes,epidemics,terrorist acts,riots,insurrections,fires,explosions,earthquakes,nuclear
accidents,floods,labor disputes,strikes or lockouts,equipment failuresduetoyear2000(Y2K)problems,power blackouts,volcanic action,othermajorenvironmentaldisturbances,an unforeseeable inability to secureproductsorservicesofotherpersonsortransportationfacilitiesoractsor
omissions of transportation carriers (collectively,a "Force Majeure
Event").
14.4 Limitation of Liability
14.4.1 Each Party shall be liable to the other for direct damages for any
loss,defect or equipment failure resulting from the causing Party's
conduct or the conduct of its agents or contractors in performingtheobligationscontainedinthisAgreement.
14.4.2 Except for indemnity obligations,each Party's liability to the otherPartyforanylossrelatingtoorarisingoutofanynegligentactor
omission in its performance of this Agreement,whether in contract
or in tort,shall be limited to the total amount that is or would have
been charged to the other Party by such negligent or breaching
Party for the service(s)or function(s)not performed or improperlyperformed.
14.4.3 Except as provided in Sections 13.6.4 and 13.6.5 below,neither
Party shall be liable to the other under this Agreement for indirect,
,incidental,consequential,or special damages,including (without
limitation)damages for lost profits,lost revenues,lost whether in
contract,warranty,strict liability,tort,including (without limitation)negligence of any kind and regardless of whether the Parties
knew the possibility that such damages could result.
14.4.4 Nothing contained in this Section shall limit either Party's liability
to the other for willful misconduct.
14.4.5 Nothing contained in this Section shall limit either Party'sobligationsofindemnificationasspecifiedinSection13.7 of thisAgreement.
14.5.Indemnity
14.5.1 With respect to third party claims,each of the Parties agrees to
release,indemnify,defend and hold harmless the other Party and
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each of its officers,directors,employees and agents (each an
"Indemnitee")from,against and in respect of any loss,debt,
liability,damage,obligation,claim,demand,judgment orsettlementofanynatureorkind,known or unknown,liquidated or
unliquidated including,but not limited to,costs and attorneys'fees
(collectively and individually "Claims"),whether suffered,made,instituted,or asserted by any other party or person,for invasion of
privacy,personal injury to or death of any person or persons,orforloss,damage to,or destruction of property,whether or not
owned by others,resulting from the indemnifying Party's
performance,violation of law,or status of its employees,agents
and subcontractors;or for failure to perform under this Agreement,
regardless of the form of action,except for Claims arising out of,resulting from,or in connection with the Indemnitee's negligence
or willful misconduct.
14.5.2 The indemnification provided herein shall be conditioned upon:
14.5.2.1 The indemnified Party shall promptly notify theindemnifyingPartyinwritingofanyactiontaken
against the indemnified Party relating to theindemnification.Failure to so notify the indemnifying
Party shall not relieve the indemnifying Party of any
liability that the indemnifying Party might have,except
to the extent that such failure prejudices the
indemnifying Party's ability to defend such Claim.
14.5.2.2 The indemnifying Party shall have sole authority todefendanysuchaction,including the selection of legal
counsel,and the indemnified Party may engageseparatelegalcounselonlyatitssolecostand'expense.The indemnified Party shall cooperate with
the indemnifying Party at the indemnifying Party'sreasonableexpense.
14.5.2.3 In no event shall the indemnifying Party settle or
consent to any judgment pertaining to any such action
which is payable in any part by the indemnified Partywithoutthepriorwrittenconsentoftheindemnified
Party.
14.6 Intellectual Property
14.6.1 Paging Provider and Qwest shall not,without the express writtenpermissionoftheother,state or imply that;1)they are connected,
or in any way affiliated,with each other or the other's affiliates,2)they are part of a joint business association or any similararrangementwitheachotherortheother's affiliates,3)they ortheiraffiliatesareinanywaysponsoring,endorsing or certifying
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each other or their goods and services,or 4)with respect to the
other's advertising or promotional activities or materials,that they
are in any way associated with or originated from the other or any
of the other's affiliates.Nothing in this paragraph shall prevent
Paging Provider and Qwest from truthfullydescribing the network
elements they use to provide service to their End Users.
14.6.2 Except as expressly provided in this Intellectual Property Section,
nothing in this Agreement shall be construed as the grant of a
license,either express or implied,with respect to any patent,
copyright,logo,trademark,tradename,trade secret or any otherintellectualpropertyrightnoworhereafterowned,controlled or
licensable by either Party.Paging Provider and Qwest may not
use any patent,copyright,logo,trademark,tradename,trade
secret or other intellectual property right of the other Party or its
affiliates without execution of a separate agreement between the
Parties.
14.6.3 Paging Provider acknowledges the value of the marks "Qwest"
and "US WEST"(the "Marks")and the goodwill associated
therewith and acknowledges that such goodwill is a property rightbelongingtoQwestCommunicationsinternational,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 Ominer.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 adeceptivecolorableimitationthereofortosuggestorimplysome
association,sponsorship,or endorsement by the Owner.The
Owner makes no warranties regarding ownership of any rights in
or the validity of the Marks.
14.6.4 As a condition to the access or use of patents,copyrights,trade
secrets and other intellectual property (including software)owned
or controlled by a third party to the extent necessary to implement
this Agreement or specifically required by the then applicablefederalandstaterulesandregulationsrelatingtointerconnection
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
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access or use,make all payments in connection with obtaining
such permission,and providing evidence of such permission.
14.7 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.
14.8 Assignment
Neither Pady may assign or transfer (whether by operation of law or
otherwise)this Agreement (or any rights or obligations hereunder)to a
third party without the prior written consent of the other Party,which
consent shall not be unreasonably withheld or delayed,provided that
each Party may assign this Agreement to a corporate affiliate or an entityunderitscommoncontroloranentityacquiringallorsubstantiallyallofits
assets or equity by providing prior written notice to the other Party of such
assignment or transfer.Any attempted assignment or transfer that is notpermittedisvoidabinitio.Without limiting the generality of the foregoing,
this Agreement shall be binding upon and shall iriure to the benefit of the
Parties'respective successors and assigns.
14.9 Default
If either Party defaults in the payment of any amount due hereunder,or ifeitherPartyviolatesanyotherprovisionofthisAgreement,and suchdefaultorviolationshallcontinueforthirty(30)days after written notice
thereof,the other Party may seek legal and/or regulatory relief.All
remedies provided for herein shall be cumulative.The failure of either
Rarty to enforce any of the provisions of this Agreement or the waiver
thereof in any instance shall not be construed as a general waiver orrelinquishmentonitspartofanysuchprovision,but the same shall,
nevertheless,be and remain in full force and effect.
14.10 Disclaimer of Agency
Except for provisions herein,if any,expressly authorizing a Party to actfortheother,nothing in this Agreement shall constitute a Party as a legalrepresentativeoragentoftheotherParty,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 theotherParty's business.
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14.11 Severability
Except as provided in Section 1.2 of this Agreement,the provisions of thisAgreementarenotseverable.
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,technicalinformation,data,employee records,maps,financial reports,
customer records,Customer Proprietary Network Information(as defined by Section 222 (f)(2)of the Act and as implemented
by the FCC)and market data,(i)furnished by one Party to theotherParty,or (ii)in written,graphic,electromagnetic,or othertangibleformandmarkedatthetimeofdeliveryas"Confidential"or "Proprietary",or (iii)communicated anddeclaredtothereceivingPartyatthetimeofdelivery,or bywrittennoticegiventothereceivingPartywithinten(10)daysafterdelivery,to be "Confidential"or "Proprietary"(collectivelyreferredtoas"Proprietary Information"),shall remain thepropertyofthedisclosingParty.A Party who receivesProprietaryInformationviaanoralcommunicationmayrequestwrittenconfirmationthatthematerialisProprietaryInformation.
A Party who delivers Proprietary Information via an oralcommunicationmayrequestwrittenconfirmationthatthePartyreceivingtheinformationunderstandsthatthematerialisProprietaryInformation.
14.12.2 Upon request by the disclosing Party,the receiving Party shalleitherreturnordestroyalltangiblecopiesofProprietaryInformationwhetherwritten,graphic or otherwise at the
,receiving Party's option.
14.12.3 Each Party shall endeavor to keep all of the other Party'sProprietaryInformationconfidentialusingthesamedegreeof
care as the receiving Party uses for its own confidentialinformationofsimilarimportanceandshallusetheotherParty'sProprietaryInformationonlyinconnectionwithperformanceof
this Agreement.Neither Party shall use the other Party'sProprietaryInformationforanyotherpurposeexceptuponsuch
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 suchProprietaryInformationas:
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14.12.4.1 was at the time of receipt already known to the
receiving Party free of any obligation to keep it
confidential;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 Pady with respect to such
information;or
14.12.4.4 is independently developed by an employee,agent,
or contractor of the receiving Party without
reference to the Proprietary Information;or
14.12.4.5 is disclosed to a third person by the disclosing
Party without similar restrictions on such third
person's rights;or
14.12.4.6 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 providedthatthereceivingPartyshallgivesufficientnotice
of the requirement to the disclosing Party to enable
the disclosing Party to seek protective orders,at
the disclosing Party's sole expense.
14.12.5 Effective Date of this Section.Notwithstanding any other'provision of this Agreement,the Proprietary Information
provisions of this Agreement shall apply to all ProprietaryInformationfurnishedbyeitherPartytotheotherinfurtherance
of the purpose of this Agreement,even if furnished before the
date of this Agreement.
14.13 Survival
Any obligations under this Agreement which by their nature are intendedtocontinuebeyondtheterminationorexpirationofthisAgreementshallsurvivetheterminationorexpirationofthisAgreement.
14.14 Dispute Resolution
If any claim,controversy or dispute between the Parties,their agents,employees,officers,directors or affiliated agents ("Dispute")cannot besettledthroughnegotiation,it shall be resolved by arbitration under thethencurrentrulesoftheAmericanArbitrationAssociation("AAA").Thearbitrationshallbeconductedbyasingleneutralarbitratorfamiliarwith
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the telecommunications industry and engaged in the practice of law.
Such arbitrator shall not be a current or former employee,agent,
contractor,officer or director of either Party or its affiliates or subsidiaries
or related in any way to a current or former employee,agent,contractor,
officer,or director of either Party or its affiliates.The Federal Arbitration
Act,9 U.S.C.Secs.1-16,not state law,shall govern the arbitrability of all
Disputes.The arbitrator shall not have authority to award punitive
damages.All expedited procedures prescribed by the AAA rules shall
apply and the rules used shall be those for the telecommunications
industry.The arbitrator's award shall be final and binding and may be
entered in any court having jurisdiction thereof.The prevailing Party,as
determined by the arbitrator,shall be entitled to an award of reasonable
attorneys'fees and costs.The arbitration shall occur at a mutually
agreed upon location.Nothing in this Section shall be construed to waive
or limit either Party's right to seek relief from the Commission or the FCC
as provided by state or federal law.
No action,regardless of form,may be brought with respect to any dispute
arising out of this Agreement,by either Party more than two (2)years
after the cause of action accrues.
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.Where this Agreement and an applicable Tariff are in conflict,
this Agreement shall control.
14.16 Joint Work Product
This Agreement is the joint work product of the Parties,has been
negotiated by the Parties and their respective counsel and shall be
interpreted in accordance with its terms.In the event of any ambiguities,
no inferences shall be drawn against either Party as if they were the
drafter of the Agreement.
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
such Party did not introduce to the affected work location.Both Parties
shall defend and hold harmless the other,its officers,directors and
employees from and against any losses,damages,claims,demands,
suits,liabilities,fines,penalties and expenses (including reasonable
attorneys'fees)that arise out of or result from (i)any environmental
hazard that the indemnifying Party,its contractors or agents introduce to
the work locations or (ii)the presence or release of any environmental
hazard for which the indemnifying Party is responsible under applicable
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Iaw,except to the extent such environmental hazard arises out of,or is inconnectionwith,the other Party's negligence or willful misconduct.
14.18 Notices
Any notices required by or concerning this Agreement shall be delivered
by hand or sent via courier or certified mail to the Parties at the addressesshownbelow:
Qwest Communications,Inc.
Director -Interconnect
1801 California Street,Room 2410
Denver,CO 80202
With a copy:to:
Qwest Legal Department
Attention General Counsel
1801 California,Room 3800
Denver,CO 80202
Metrocall,Inc.
Mr.Steve Day
6677 Richmond Highway
Alexandra,VA 22306
Tel:[phone] (Ext.6330)
Fax:[phone]
With a copy to:
Mr.Frederick M.Joyce,Esq.Alston &Bird LLP
601 Pennsylvania Avenue,NWNorthBuilding,11th Floor
Washington,DC 20004
Tel:[phone]
Fax:[phone]
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 therighttoexercisefullcontrolofandsupervisionoveritsownperformanceofitsobligationsunderthisAgreementandretainsfullcontrolovertheemployment,direction,compensation and discharge of all employeesassistingintheperformanceofsuchobligations.Each Party will be solelyresponsibleforallmattersrelatingtopaymentofsuchemployees,
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including compliance with social security taxes,withholding taxes and all
other regulations governing such matters.Each Party will be solely
responsible for proper handling,storage,transport and disposal at its own
expense of all (i)substances or materials that it or its contractors or
agents bring to,create or assume control over at work locations or,(ii)
waste resulting therefrom or otherwise generated in connection with its or
its contractors'or agents'activities at the work locations.Subject to the
limitations on liability and except as otherwise provided in this Agreement,
each Party shall be responsible for (i)its own acts and performance of all
obligations imposed by applicable law in connection with its activities,
legal status and property,real or personal and,(ii)the acts of its own
affiliates,employees,agents and contractors during the performance of
that Party's obligations hereunder.
14.20 No Third Party Beneficiaries
Except as may be specifically set forth in this Agreement,this Agreement
does not provide and shall not be construed to provide third parties with
any remedy,claim,liability,reimbursement,cause of action,or other
privilege.
14.21 Referenced Documents
All references to Appendixes,Sections,Exhibits,and Schedules shall be
deemed to be references to Sections of,and Exhibits and Schedules to,
this Agreement unless the context shall otherwise require.Whenever any
provision of this Agreement refers to a technical reference,technical
publication,Paging Provider practice,Qwest practice,any publication of
telecommunications industry administrative or technical standards,or any
other document specifically incorporated into this Agreement,it will bedeemedtobeareferencetothemostrecentversionoredition(including
any amendments,supplements,addenda,or successors)of such
clocument that is in effect on the date hereof.If there are changes to
such documents,the Parties will jointly agree whether this Agreement
shall include such revised version or edition (including any amendments,
supplements,addenda,or successors)of each document incorporated by
reference in such a technical reference,technical publication,Paging
Provider practice,Qwest practice,or publication of industry standards
(unless Paging Provider elects otherwise).Should there be any
inconsistency between or among publications or standards,the Parties
will jointlyagree which requirement shall apply.
14.22 Publicity and Advertising
Notwithstanding anything to the contrary,Paging Provider may not makeanydisclosuretoanyotherpersonoranypublicannouncementregarding
this Agreement or any relation between Paging Provider and Quest,without Qwest's prior written consent.Qwest shall have the right toterminatethisAgreementandanyotheragreementsbetweentheParties
if Paging Provider violates this provision.
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14.23 Amendment
Paging Provider and Qwest may mutuallyagree to amend this Agreement
in writing.Since it is possible that amendments to this Agreement may beneededtofullysatisfythepurposesandobjectivesofthisAgreement,thePartiesagreetoworkcooperatively,promptly and in good faith tonegotiateandimplementanysuchadditions,changes and corrections tothisAgreement.
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 counterpart,shall togetherconstituteoneandthesameinstrument.
14.25 Headings of No Force or Effect
The headings of Articles and Sections of this Agreement are forconvenienceofreferenceonly,and shall in no way define,modify orrestrictthemeaningorinterpretationofthetermsorprovisionsofthisAgreement.
14.26 Regulatory Approval
The Parties understand and agree that this Agreement will be filed withtheCommissionandmaythereafterbefiledwiththeFCCandshall,attimes,be subject to review by the Commission or the FCC.The Partiesshallcooperateinagoodfaithefforttosecure,as soon as practicable,any required regulatory approvals of this Agreement.
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.
14.28 FurtherAssurances
Each Party shall at any time,and from time to time,upon the writtenrequestoftheotherParty,execute and deliver such further documents,and do such further acts and things as the other Party may reasonablyrequesttoeffectthepurposesofthisAgreement.The Parties shall act ingoodfaithandconsistentwiththeintentoftheActintheperformanceoftheirobligationsunderthisAgreement.Where notice,approval or similaractionbyaPartyispermittedorrequiredbyanyprovisionofthisAgreement(including,without limit,the obligation of the Parties to furthernegotiatetheresolutionofneworopenissuesunderthisAgreement)such action shall not be unreasonably delayed,withheld or conditioned.
14.29 Section 252(i)Election
Paging Provider shall have the right under 47 U.S.C.Sections 252(i)toelecttermsandconditionsfromotherapprovedagreementsconsistentwith47C.F.R.Section 51.809.
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IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to beexecutedbytheirrespectivedulyauthorizedrepresentativesfortheStateofIdaho.
Metrocall,Inc.Qwe tion
Signature Signature
kt**W Gas L.T.Christensen
Name Printed/Typed Name Printed/Typed
at W L Director -Business Policy
Title Title
Date Date
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APPENDIX A
I.Traffic Percentages
A.78.9%of all traffic delivered by Qwest to Paging Provider under thisAgreementshallbedeemed"Compensable Traffic".
B.21.1%of all traffic delivered by Qwest to Paging Provider under thisAgreementshallbedeemed"Exempt Traffic".
C.The Traffic Percentages will remain in effect until more reliable paging-specific data pertaining to the percentage of Exempt Traffic is available,
at which time such data will be used to revise the Traffic Percentages setforthabove.To the extent that means exist to produce a more accurate
measurement,upon request,a Party shall reasonably cooperate toproducemorereliabledata.If the Parties are unable to agree on such
data,such disagreement shall be resolved according to the DisputeResolutionproceduressetforthinSection13.14 of this Agreement.
II.Facilities Charges
A.Type 1
(i)Between the Serving Wire Center serving Paging Provider's POC andtheBDP,subject to Section 2.6.4.3.2.1,Paging Provider shall beobligatedtopayattheratesdescribedinSchedule1fortheportion of thefacilitiesusedtodeliverExemptTraffic.The payment shall be calculatedbymultiplyingthespecifiedSchedule1ratebythepercentageoftrafficdeemedexemptunderSection1ofthisAppendixA.
(ii)Between the BDP and the end office where the DID numbers reside,subject to Section 2.6.4.3.2.2,Paging Provider shall be obligated to payfor100%of the mileage band rates only pursuant to the appropriateTariff.
B.Type 2
(i)Subject to Section 2.6.4.4.1,Paging Provider shall be obligated to payattheratesdescribedinSchedule1fortheportionofthefacilitiesusedtodeliverExemptTraffic.The payment shall be calculated by multiplyingthespecifiedSchedule1ratebythepercentageofExemptTraffic.
III.Terminatinq Compensation
Terminating Compensation shall be paid by Qwest on Compensable Traffic attheratespecifiedonSchedule2.
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APPENDIX A -SCHEDULE 1
PAGE 1 -IDAHO TYPE 1 TELRIC RATES
DESCRIPTION USOC NON-RECURRING
RECURRING
NETWORK ACCESS CHANNEL -NAC
Analog 2-wire Channels:
1-way in (land to mobile)MTZ1X $263.81 $38.72
Analog 4-wire Channels:
1-way in (land to mobile)MTJ1X $263.81 $89.52
4-wire Digital Channels:
1-way in (land to mobile)M4W1X $78.92 N/A
DIGITAL FACILITY
DSi Level MF31X $485.34 $93.05
CONNECTIVITY
Analog (Per analog channel)CK6AX N/A $20.73
DS1 Level (Per DS1 Facility)CK61X N/A $50.40
-per DS1 Activated on a DS3 Facility CK61X N/A $50.40
DIAL OUTPULSING
Per each one-way-in (land to mobile)
or two-way channel:
-Analog 2-wire OUPAX $181.66 N/A
-Analog 4-wire or Digital OUPDX $181.66 N/A
MULTIPLEXING
DS1 to DSO MXGiX $291.36 $199.75
CHANNEL PERFORMANCE
Loop Start PM2GG N/A $7.27
Ground Start PM2HG N/A $5.06
Loop with Reverse Battery PM2JG N/A $4.12
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PAGE 2-IDAHO TYPE 1 TELRIC RATES
DESCRIPTION USOC NON-RECURRING
RECURRING
DEDICATED TRANSPORT
Analog/DSO
Over 0 to 8 Miles
Fixed:XUWHi $28.29 $18.83
Per Mile JZ3HA N/A $0.09
Over 8 to 25 Miles
Fixed XUWH2 $28.29 $18.85
Per Mile JZ3HB N/A $0.12
Over 25 to 50 Miles
Fixed XUWH3 $28.29 $18.83
Per Mile JZ3HC N/A $0.13
Over 50 Miles
Fixed XUWH4 $28.29 $18.83
Per Mile JZ3HD N/A $0.11
DS1 Level
Over 0 to 8 Miles
Fixed:XUWJ1 $216.03 $37.35
Per Mile JZ3JA N/A $1.28
Over 8 to 25 Miles
Fixed XUWJ2 $216.03 $37.35
Per Mile JZ3JB N/A $1.90
Over 25 to 50 Miles
Fixed XUWJ3 $216.03 $37.35
Per Mile JZ3JC N/A $2.04
Over 50 Miles
Fixed XUWJ4 $216.03 $37.35
Per Mile JZ3JD N/A $1.90
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Schedule 2
For both Type 1 and Type 2,Terminating Compensation shall be paid,subject toAppendixA,at the Qwest end office rate of $0028/MOU.
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APPENDIX B -TYPE 1 PAGING CONNECTION SERVICEQUARTERLYPOCFORECASTFORM
-THIS IS NOT AN ORDER FORM -
THIS IS A THREE YEAR FORECAST
DATE PREPARED:(update required quarterly)[Paging Provider]'s Point of Connection (POC)(one form required per POC)
New POC For Internal Use Only
Existing POC
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:
Paginq Provideris Equipment Requirements (check appropriate line(s))Digital Analog 2-wire_4-wireTrunkPulsing:Multifrequency (MF)Dial Pulse (DP)
Dual Tone Multifrequency (DTMF)
Start Signaling:Wink immediate (IMM)Delayed StartOutpulsing(4-10 digits)
Network Channel Interface -Analog Network Channel Interface -Digital:Reverse Battery -600 ohms DS3ReverseBattery-900 ohms DS1 AMI +SF
Loop Start DS1 AMI +ANSI ESF
E &M Signaling -Type I DS1 AMI +non-ANSI ESF
E &M Signaling -Type II DS1 B8ZS +SF
DS1 B8ZS +ANSI ESF
DS1 B8ZS +non-ANSI ESF
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APPENDIX B -TYPE 1 PAGING CONNECTION SERVICE
QUARTERLYPOCFORECASTFORM
Year1 Year2 Year3BusySeason:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
1
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information to this forecast,per Section4.9.3.2 of thig Agreement
Mail completed form to:Qwest
,Type 1 Forecast Manger
250 Bell Plaza,Room 311
Salt Lake City,UT 84111
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APPENDIX B -TYPE 1 PAGING CONNECTION SERVICEINITIALPOCFORECASTFORM
--THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST
DATE PREPARED:(update required quarterly)
Paging Provider's Point of Connection (POC)(one form required per POC)New POC For Internal Use Only
Existing POC
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:
Paging Provider's Equipment Requirements (check appropriate line(s))Digital Analog 2-wire_4-wireTrunkPulsing:Multifrequency (MF)Dial Pulse (DP)
Dual Tone Multifrequency (DTMF)
Start Signaling:Wink Immediate (IMM)Delayed StartOutpulsing(4-10 digits)
Network Channel Interface -Analog Network Channel Interface -Digital:Reverse Battery -600 ohms _DS3ReverseBattery-900 ohms DS1 AMI +SF
Loop Start
____DS1 AMI +ANSI ESF
E &M Signaling -Type I DS1 AMI +non-ANSI ESFE&M Signaling -Type 11 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
Year1 Year2 Year3BusySeason:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
1
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information to this forecast,per Section4.9.3.2 of thig Agreement
Mail completed form to:Qwest
Type 1 Forecast Manger
250 Bell Plaza,Room 311
Salt Lake City,UT 84111
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APPENDIX B -TYPE 2 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
--THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST
DATE PREPARED:(update required quarterly)
Paging Provider's Point of Connection (POC)(one form required per POC)
New POC For Internal Use OnlyExistingPOC
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 NXX's associated with this POC:(Type 2 Paging Service is onlyavailabletoNXX's and associated POCs located within the geographical serving area oftherespectiveQwestLocalandLATAITollTandems)
Paging 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 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 2 PAGING CONNECTION SERVICEINITIALPOCFORECASTFORM
Usage Forecast -EAS Traffic
Year1 Year2 Year3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:EquivalentTrunks:Year 1 Year 2 Year 3
Usage Forecast -Toll Traffic
Year1 Year2 Year3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Prepared by:,Date:
Title:Telephone Number:
Please attach additional major network project information
to this forecast,per Section 4.9.3.2 of the Agreement
Mail completed form to:Qwest
Type 2 Forecast Manager
250 Bell Plaza,Room 311
Salt Lake City,UT 84111
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APPENDIX B -TYPE 2 PAGING CONNECTION SERVICE
QUARTERLYPOCFORECASTFORM
--THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST
DATE PREPARED:(update required quarterly)
Paging Provider's Point of Connection (POC)(one form required per POC)
New POC For Internal Use OnlyExistingPOC
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 NXX's associated with this POC:(Type 2 Paging Service is onlyavailabletoNXX's and associated POCs located within the geographical serving area oftherespectiveQ'west Local and LATAIToll Tandems)
Paging 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 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 2 PAGING CONNECTION SERVICEQUARTERLYPOCFORECASTFORM
Usage Forecast -EAS Traffic
Year1 Year2 Year3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:EquivalentTrunks:Year 1 Year 2 Year 3
Usage Forecast -Toll Traffic
Year1 Year2 Year3BusySeason:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Prepared by:,Date:
Title:Telephone Number:
Please attach additional major network project informationtothisforecast,per Section 5.3 of the Agreement
Mail completed form to:Qwest
Type 2 Forecast Manager
250 Bell Plaza,Room 311
Salt lake City,UT 84111
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