20030814Application.pdf

STGEL
~~,
\\J
:" ~
r .r\\...\.;.,L
:'. II r: n
::.....' ..,._-
101 S. Capitol Boulevard, Suite 1900
Boise, Idaho 83702
main 208.389.9000
2Gu3 ~\UG \ 3 PM 4: \ 8 fax [phone]
www.stoel.com
ATTORNEYS AT LAW
" i
UT\L\\\f~S C6i"
:~\SS\ON
August 13 2003
MARY S. HOBSON
Direct [phone]
mshobsoniE)stoel.com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Re:Case No. (J?d~?cJ Y-- /
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and Regal Diversified
Inc. dba Regal Telephone Company is an original ofthe Application for Approval of
Interconnection Agreement. The parties respectfully request that this matter be placed on the
Commission Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
truly yours
/1// ~t1i h-a
Mary S.41obson
:blg
Enclosure
Oregon
Washington
California
Boise-160568.10029164-00016
Utah
Idaho
Mary S, Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
;C"i=", " '- v '-
....! ....
0 iL...
r~"
j"...,
1'-
,-.
ZOOHIUG I 3 PM 4: I 8
,: .:.., "" : .' -
: u
UTiliTiES COhll!SSION
Ken Brown
Regal Diversified, Inc. (dba Regal Telephone Company)
O. Box 1240
Missoula, MT 59806
Telephone: [phone]
Facsimile: [phone]
JOINT APPLICATION OF QWEST
CORPORATION AND REGAL DIVERSIFIED
INe. dba REGAL TELEPHONE COMPANY
FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
US.C. g252(E)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.CJWi.!- r-()~-
APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Regal Diversified Inc. dba Regal Telephone Company
Regal") hereby jointly file this Application for Approval of Interconnection Agreement
Agreement"). A copy ofthis Agreement is submitted herewith.
This Agreement was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that: the agreement (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT-
Boise-160566.1 0029164-00016
Page 1
Regal and Qwest respectfully submit that this Agreement provides no basis for either of
these findings, and, therefore jointly request that the Commission approve this Agreement
expeditiously. This 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 this Agreement will enable
Regal to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Regal and Qwest further request that the Commission approve this 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 13th day of August, 2003.
Qwest Corporation
fi :1S:;frL.Mary S. II bson
Stoel Rives LLP, Attorneys for Qwest
and
Ken Brown
Regal Diversified, Inc. dba Regal Telephone
Company
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-l 60566.1 0029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 13th day of August, 2003 , I served the foregoing
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all
parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
ii ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Ken Brown
Regal Diversified, Inc. (dba Regal Telephone
Company)
O. Box 1240
Missoula, MT 59806
Telephone: [phone]
Facsimile: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Luba Hromyk
Qwest Communications International
1801 California - Room 3800
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
lhromyk(g)qwest.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~t/t duw~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-160566.1 0029164-00016
Page 3
Resale Agreement
Between
Qwest Corporation
and
Regal Diversified, Inc
(dba Regal Telephone Company)
In The State Of
Idaho
Agreement Number
CDS-O30722-0010
Resale Template 1-
July 22 , 2003/swd-lh/Regal Diversified, Inc (dba Regal Telephone Company)/ldaho/CDS-030722-001 0 - i -
TABLE OF CONTENTS
SECTION 1.0 - GENERAL TERMS """""""""""""""""""""""""""""""""""""'"............... 5
SECTION 2.0 - INTERPRETATION AND CONSTRUCTION .....................................".............. 7
SECTION 3.0 - RESELLER INFORMATION ..............................................................".............. 8
SECTION 4.0 - DEFINITIONS....................................................................................................
SECTION 5.0 - TERMS AND CONDITIONS .....................................................................,...... 19
5.4
GENERAL PROVISIONS................
............... """"""""""""""""'"
.,............. .....,.......... 19
TERM OF AGREEMENT """""""""""""""""""""""""""...........................................
PROOF OF AUTHORIZATION. ......
........... ............... ..... .............,... ............
....................... 20
PAYMENT """""""""""""""""""""""""""...............................,..............................
TAXES ........................................................................................................................
INSURANCE .................................................................................................................
FORCE MAJEURE.........................................................................................................
LIMITATION OF LIABILITY..............
"""""" ................ ........... ...,... ....... ..........
.................. 24
INDEMNITY
............ ......................... """""""""""'" ................". """"""""""""""
..... 25
INTEllECTUAL PROPERTY """""""""""""""""""""""""""......................................
WARRANTIES """""""""""""""""""""""""""....................................................... 28
ASSIGNMENT ...............................................................................................................
DEFAULT..............
"""""""""" ......................... ....................... ........
...... ................ ..... 29
DISCLAIMER OF AGENCY............. ....... "'"
................ """"""""""" """""""""""
......... 29
SEVERABILITY ............................................................................................................ 30
NONDISCLOSURE.........................................................................................................
SURVIVAL.............................................."""""""""""""""""""""""""""................
DISPUTE RESOLUTION """""""""""""""""""""""""""...........................................
CONTROLLING LAW......................................................................................................
RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION................................................ 35
NOTICES """""""""""""""""""""""""""...............................................................
RESPONSIBILITY OF EACH PARTY """""""""""""""""""""""""""...........................
No THIRD PARTY BENEFICIARIES.
""""""""""""""""""""""""""""""""""'"
.......... 36
RESERVED FOR FUTURE USE.
""""""
............... ................. ........ ................. ................. 37
PUBLICITY """""""""""""""""""""""""""..................................................,..........
EXECUTED IN COUNTERPARTS ....
................ .............................. ............,........
""""""" 37
COMPLIANCE...............................................................................................................
COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAw ENFORCEMENT ACT
OF 1994.................................................."""""""""""""""""""""""""""..............29 COOPERATION........
""""""""""""""""""
............ .............. ........................ ............... 37
30 AMENDMENTS ............................................................................................................ 3731 ENTIRE AGREEMENT......... ............................... .................... .......................... .............. 38
SECTION 6.0 - RESALE.. ..................
"""""""" ............... """"""""
........... ...... ............. ...... 38
DESCRIPTION.....
"""""""""""" """"""""""'" ............... """""'"
..................,. .......... 38
TERMS AND CONDITIONS............................... .......................... ................... ............ ...... 38
RATES AND CHARGES ............... ............. ............................ .......... ...................... .......... 44
ORDERING PROCESS ...................................................................................................
5 BilLING.......................................................................................................................
MAINTENANCE AND REPAIR......... ....................... ............ ............................. ........... ...... 46
SECTION 7.0 - WHITE PAGES DIRECTORY LISTINGS ........................................................
Resale Template 1-
July 22, 2003/swd-lh/Regal Diversified, Inc (dba Regal Telephone Company)/ldaho/CDS-O30722-001O - ii -
TABLE OF CONTENTS
SECTION 8.0 - NETWORK SECURITY ................................................................................... 51
SECTION 9.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) ........................... 53
DESCRIPTION "" ........ ............................... ............................. ............... .........,............. 53
OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING """""""""""""" 54
MAINTENANCE AND REPAIR........... ....... ......
.........................,. .......... .......
.............. ........ 65
SECTION 10.0 - QWEST DEX.............................................................................,................... 71
SECTION 11.0 - SERVICE PERFORMANCE .............................................................".......... 71
SECTION 12.0 - SIGNATURE PAGE.......................................................................................
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010 iii
TABLE OF CONTENTS FOR EXHIBITS
EXHIBIT A Rates
EXHIBIT B Service Performance Indicators
EXHIBIT C Reserved for Future Use
EXHIBIT D Reserved for Future Use
EXHIBIT E Reserved for Future Use
EXHIBIT F Reserved for Future Use
EXHIBIT G Change Management Process (CMP)
EXHIBIT H Reserved for Future Use
EXHIBIT I Reserved for Future Use
EXHIBIT J Reserved for Future Use
EXHIBIT K Performance Assurance Plan
awest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-001O
Section 1.0 - GENERAL TERMS
Intentionally Left Blank.
This Agreement is effective upon the approval of the Commission, and is
between Regal Diversified , Inc (dba Regal Telephone Company), ("RESELLER") a Montana
corporation and Owest Corporation ("Owest"), a Colorado corporation~ pursuant to Section 252
of the Telecommunications Act of 1996, for purposes of fulfilling Owest's obligations under
Sections 222, 251 (a), (b), and (c), 252 , 271 , and other relevant provisions of the Act and the
rules and regulations promulgated thereunder.
This Agreement sets forth the terms, conditions and pricing under which Owest
will offer and provide to any requesting RESELLER Ancillary services, and Telecommunications
Services available for resale within the geographical areas in which both Parties are providing
local exchange service at that time, and for which Owest is the incumbent Local Exchange
Carrier within the State of Idaho for purposes of providing local Telecommunications Services.
This Agreement is available for the term set forth herein.1.4 Because the SGAT is Owest's standard contract offer, CLECs with a current
Interconnection Agreement may opt into, through Section 252(i) of the Act, any provision of the
SGAT by executing an appropriate amendment to its current Interconnection Agreement.
1.4.1 When opting into a provision contained in an existing Interconnection
Agreement or the SGAT, Owest may require CLEC to accept Legitimately Related
provisions to ensure that the opted into provision retains the context set forth in the
Interconnection Agreement or the SGAT. The expiration date of the Interconnection
Agreement from which the opted into provision was selected or the expiration date
specified in the SGAT respectively, whichever is closer to the present date, shall be
considered Legitimately Related. In all other instances, Owest bears the burden of
establishing that an Interconnection Agreement or SGAT provision is Legitimately
Related.
1.4.To opt into a provision of the SGAT through Section 252(i), CLEC must
provide Owest with written notice of such intention specifying in detail the provisions of
the SGAT selected in the form of a proposed amendment to the Interconnection
Agreement which has been signed by CLEC. Owest shall make a form or sample
amendment as well as the currently effective SGAT, available in electronic form for use
by CLEC to prepare the written notice. Once Owest receives such written notice, it shall
have a reasonable period of time to submit a formal written response either accepting
the change and signing the amendment or identifying those additional provisions that
Owest believes are Legitimately Related and must also be included as part of theamendment. If Owest identifies additional provisions that Owest believes are
Legitimately Related, Owest shall specify the provisions in the proposed amendment, if
any, to which the additional provisions are not Legitimately Related and which could be
included in a revised proposed amendment that would be acceptable to Owest. Under
ordinary circumstances, a reasonable period of time shall be deemed to be fifteen (15)
business days. In addition , Owest shall provide to CLEC in writing an explanation of
why Owest considers the provisions Legitimately Related, including legal, technical, orother considerations. In extraordinary circumstances, where CLEC'requested
modification is complex, Owest shall have additional time to perform its review. When
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
such extraordinary circumstances exist, Owest will notify CLEC in writing within fifteen
(15) business days from the notice and advise CLEC that additional time is necessary.
In no event shall a reasonable period of time be deemed to be greater than twenty (20)
business days from the time of CLEC's notice.
1.4.If Owest has identified additional provisions that Qwest believes are
Legitimately Related and has specified provisions in the proposed amendment to which
those provisions are not Legitimately Related, CLEC may provide Owest with a revised
proposed amendment that deletes the disputed provisions, which Owest shall accept
and sign. Regardless of whether CLEC provides Qwest with a revised proposed
amendment, if CLEC disputes Owest's written response that additional SGA T provisions
are Legitimately Related, then CLEC may immediately demand that the dispute be
submitted to dispute resolution and CLEC shall submit such dispute to dispute resolution
within fifteen (15) days from such receipt of Owest's response. CLEC may, at its sole
option , elect to have the dispute resolution conducted through one of the following
methods of dispute resolution:
1 .4.The dispute may be settled by the Commission. Such dispute
resolution shall be conducted pursuant to Commission rules or regulations
specifying a procedure for submission, hearing and resolving issues pursuant to
Section 252(i) of the Act or rules and regulations specifying procedures for
submission of a dispute arising under an Interconnection Agreement, as
appropriate. If the Commission shall not have established any such rules or
regulations, CLEC may file a complaint with the Commission. The Commission
may elect to hear the complaint under expedited procedures.
1.4.The dispute may be settled by arbitration. Such an arbitration
proceeding shall be conducted by a single arbitrator. 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. All expedited procedures
prescribed by AAA rules shall apply. The arbitrator s award shall be final and
binding and may be entered in any court having jurisdiction thereof. Except for a
finding of bad faith as set forth in 1., each Party shall bear its own costs and
attorney s fees, and shall share equally in the fees and expenses of the
arbitrator. The arbitration proceedings shall occur in the Denver metropolitan
area or in another mutually agreed upon location.
1 .4.Each Party to the dispute shall bear the responsibility of paying
its own attorney s fees and costs in prosecuting/defending the action. However
if either Party is found to have brought or defended the action in "bad faith", then
that Party shall be responsible for reimbursing the other Party for its reasonable
attorney s fees and costs in prosecuting or defending the action.1.4.4 If Owest accepts a CLEC proposed change to adopt certain SGA
language and signs the amendment, the Parties shall begin abiding by the terms of the
amendment immediately upon CLEC's receipt of the signed amendment. Owest shall
be responsible for submitting the proposed change to the Commission for its approval
within ten (10) business days from receipt of the signed amendment. The amendment
shall be deemed effective upon approval of the amendment by the Commission.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (db a Regal Telephone Company)fldahofCDS-O30722-0010
In consideration of the mutual promises contained herein and other good and valuable
consideration , the Parties agree as follows:
Section 2.0 -INTERPRETATION AND CONSTRUCTION
This Agreement includes this Agreement and all Exhibits appended hereto, each
of which is hereby incorporated by reference in this Agreement and made a part hereof. All
references to Sections and Exhibits shall be deemed to be references to Sections of, and
Exhibits to, this Agreement unless the context shall otherwise require. The headings and
numbering of Sections and Exhibits used in this Agreement are for convenience only and will
not be construed to define or limit any of the terms in this Agreement or affect the meaning and
interpretation of this Agreement. Unless the context shall otherwise require , any reference to
any statute, regulation, rule, Tariff, technical reference, technical publication , or any publication
of Telecommunications industry administrative or technical standards, shall be deemed to be a
reference to the most recent version or edition (including any amendments, supplements
addenda, or successor) of that statute, regulation , rule, Tariff, technical reference, technical
publication , or any publication of Telecommunications industry administrative or technical
standards that is in effect. Provided however, that nothing in this Section 2.1 shall be deemed
or considered to limit or amend the provisions of Section 2.2. In the event a change in a law
rule regulation or interpretation thereof would materially change this Agreement, the terms of
Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change
any reference in this Agreement to such law, rule, regulation or interpretation thereof will be to
such law, rule, regulation or interpretation thereof in effect immediately prior to such change
until the processes set forth in Section 2.2 are implemented. The existing configuration of either
Party s network may not be in compliance with the latest release of technical references,
technical publications, or publications of Telecommunications industry administrative or
technical standards.
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 the date hereof (the Existing Rules). Nothing
in this Agreement shall be deemed an admission by Owest or RESELLER concerning the
interpretation or effect of the Existing Rules or an admission by Owest or RESELLER that the
Existing Rules should not be changed, vacated , dismissed, stayed or modified. Nothing in this
Agreement shall preclude or estop Owest or RESELLER 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 RESELLER, amended as set forth in
this Section 2., 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. During the pendancy of any negotiation for an amendment pursuant to this
Section 2.2 the Parties shall continue to perform their obligations in accordance with the terms
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (db a Regal Telephone Company)fldahofCDS-O30722-0010
and conditions of this Agreement, for up to sixty (60) days. If the Parties fail to agree on an
amendment during the sixty (60) day negotiation period, the Parties agree that the first matter to
be resolved during Dispute Resolution will be the implementation of an interim operating
agreement between the Parties regarding the disputed issues, to be effective during the
pendancy of Dispute Resolution. The Parties agree that the interim operating agreement shall
be determined and implemented within the first fifteen (15) days of Dispute Resolution and the
Parties will continue to perform their obligations in accordance with the terms and conditions of
this Agreement, until the interim operating agreement is implemented. 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 a stay designated by statute or regulation , has
passed.
Unless otherwise specifically determined by the Commission, in cases of conflict
between the SGAT and Qwest's Tariffs , PCAT, methods and procedures, technical publications
policies, product notifications or other Qwest documentation relating to Qwest's or RESELLER'
rights or obligations under the SGAT, then the rates, terms and conditions of the SGAT shall
prevail. To the extent another document abridges or expands the rights or obligations of either
Party under this Agreement, the rates, terms and conditions of this Agreement shall prevail.
Section 0 - RESELLER INFORMATION
Except as otherwise required by law, Qwest will not provide or establish
Interconnection Unbundled Network Elements ancillary services and/or resale of
Telecommunications Services in accordance with the terms and conditions of this Agreement
prior to RES ELLER's execution of this Agreement. The Parties shall complete Qwest's "New
Customer Questionnaire " as it applies to RESELLER's obtaining of Interconnection, Unbundled
Network Elements , ancillary services, and/or resale of Telecommunications Services hereunder.
Prior to placing any orders for services under this Agreement, the Parties will
jointly complete the following sections of Qwest's "New Customer Questionnaire
General Information
Billing and Collection (Section 1)
Credit Information
Billing Information
Summary Billing
OSS and Network Outage Notification Contact Information
System Administration Contact Information
Ordering Information for LIS Trunks, Collocation, and Associated Products (if
RESELLER plans to order these services)
Design Layout Request - LIS Trunking and Unbundled Loop (if RES ELLER plans to
order these services)
Owest Resale Template 1-
July 22, 2003fswd- Ih fRega I Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
The remainder of this questionnaire must be completed within two (2)
weeks of completing the initial portion of the questionnaire. This questionnaire will be
used to:
Determine geographical requirements;
Identify RES ELLER identification codes;
Determine Qwest system requirements to support RES ELLER's specific activity;
Collect credit information;
Obtain Billing information;
Create summary bills;
Establish input and output requirements;
Create and distribute Qwest and RESELLER contact lists; and
Identify RES ELLER hours and holidays.
RESELLERs that have previously completed a Questionnaire need not
fill out a new New Customer Questionnaire; however, RESELLER will update its New
Customer Questionnaire with any changes in the required information that have
occurred and communicate those changes to Qwest. Before placing an order for a new
product, RES ELLER will need to complete the relevant new product questionnaire and
amend this Agreement, which may include an amendment.
Section 4.0 - DEFINITIONS
Access Service Request" or "ASR" means the industry guideline forms and supporting
documentation used for ordering Access Services. The ASR will be used to order trunking and
facilities between RES ELLER and Qwest for Local Interconnection Service.
Access Services" refers to the interstate and intrastate switched access and private line
transport services offered for the origination and/or termination of interexchange traffic.
Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange
Carrier switches. Qwest's Access Tandem Switches are also used to connect and switch traffic
between and among Central Office Switches within the same LATA and may be used for the
exchange of local traffic.
Act" means the Communications Act of 1934 (47 U.C. 151 et. seq.), as amended, and as
from time to time interpreted in the duly authorized rules and regulations of the FCC or the
Commission.
Advanced Services" refers to high speed, switched, broadband, wireline Telecommunications
capability that enables users to originate and receive high-quality, voice, data, graphics or video
Telecommunications using any technology.
Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-001 0
or is under common ownership or control with , another Person. For purposes of this paragraph
the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10
percent.
Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines
orders, permits and approval of any governmental regulations, including, but not limited to, the
Act, the regulations, rules, and final orders of the FCC and the Commission, and any final
orders and decisions of a court of competent jurisdiction reviewing the regulations, rules, or
orders of the FCC or the Commission.
ATIS" or "Alliance for Telecommunications Industry Solutions is a North American
telecommunication industry standards forum which , through its committees and working groups
creates, and publishes standards and guidelines designed to enable interoperability and
Interconnection for Telecommunications products and services. ATIS Standards and
Guidelines, as well as the standards of other industry fora, are referenced herein.
Automatic Location Identification" or "All" is the automatic display at the Public Safety
Answering Point (PSAP) of the caller s telephone number, the address/location of the telephone
and supplementary emergency services information for Enhanced 911 (E911).
Automatic Location Identification/Database Management System" or "All/DBMS" is
Enhanced 911/(E911) database containing End User Customer location information (includingname, service address, telephone number, and sometimes special information from the local
service provider) used to determine to which Public Safety Answering Point (PSAP) to route the
call and used by the PSAP for emergency call handling (Le., dispatch of emergency aid).
Automatic Location Identification Gateway" or "All Gateway" is a computer facility into which
RESELLER delivers Automatic Location Identification (All) data for RESELLER Customers.
Access to the All Gateway will be via a dial-up modem using a common protocol.
Basic Exchange Telecommunications Service" means, unless otherwise defined in
Commission rules and then it shall have the meaning set forth therein, a service offered to End
User Customers which provides the End User Customer with a telephonic connection to, and a
unique local telephone number address on, the public switched telecommunications network
and which enables such End User Customer to generally place calls to, or receive calls from
other stations on the public switched telecommunications network. Basic residence and
business line services are Basic Exchange Telecommunications Services. As used solely in the
context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications
Service includes access to ancillary services such as 911, Directory Assistance and operator
services.
Bill Date" means the date on which a Billing period ends, as identified on the bill.
Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to
another to facilitate Customer Billing with attendant acknowledgments and status reports. It
also involves the exchange of information between Telecommunications Carriers to process
claims and adjustments.
Busy Line Verify/Busy Line Interrupt" or "BLV/BLI Traffic" means a call to an operator service in
which the caller inquires as to the busy status of or requests an interruption of a call on another
End User Customer s Basic Exchange Telecommunications Service line.
Owest Resale Template 1-
July 22, 2003fswd-lh fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Carrier" or "Common Carrier" See Telecommunications Carrier.
Carrier Liaison Committee" or "CLC" is under the auspices of ATIS and is the executive
oversight committee that provides direction as well as an appeals process to its subtending fora,
the Network Interconnection Interoperability Forum (NIIF), the Ordering and Billing Forum
(OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee
(TFPC). On occasion , the CLC commissions ad hoc committees when issues do not have a
logical home in one of the subtending forums. OBF and NIMC publish business process rules
for their respective areas of concern.
Central Office" means a building or a space within a building where transmission facilities or
circuits are connected or switched.
Central Office Switch" means a Switch used to provide Telecommunications Services
including, but not limited to:
End Office Switches" which are used to terminate End User Customer station loops, or
equivalent, for the purpose of interconnecting to each other and to trunks; and
Tandem Office Switches" - RESELLER Switch(es) shall be considered Tandem Office
Switch(es) to the extent such Switch(es) serve(s) a comparable geographic area as
Qwest's Tandem Office Switch. A fact based consideration of geography, when
approved by the Commission or mutually agreed to by the Parties, should be used to
classify any Switch on a prospective basis. Qwest "Tandem Office Switches" are used
to connect and switch trunk circuits between and among other End Office Switches.
Access tandems typically provide connections for exchange access and toll traffic, and
Jointly Provided Switched Access traffic while local tandems provide connections for
Exchange Service (EAS/Local) traffic. RESELLERs may also utilize a Qwest Access
Tandem for the exchange of local traffic as set forth in this Agreement.
Centralized Message Distribution System" or "CMOS" means the operation system that Local
Exchange Carriers use to exchange outcollect and lABS access messages among each other
and other parties connected to CMOS.
Centrex" shall have the meaning set forth in Section 6.
Commission" means the Idaho Public Utilities Commission.
Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.C. Section 332 and FCC
rules and orders interpreting that statute.
Common Channel Signaling" or "CCS" means a method of exchanging call set up and network
control data over a digital signaling network fully separate from the Public Switched Network
that carries the actual call. Signaling System 7 (SS7) is currently the preferred CCS method.
Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and
obligations of Carriers to assist law enforcement agencies by intercepting communications and
records, and installing pen registers and trap and trace devices.
Confidential Information" shall have the meaning set forth in Section 5.16.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRega! Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Cross Connection" is a cabling scheme between cabling runs, subsystems , and equipment
using patch cords or jumper wires that attach to connection hardware on each end.
Custom Calling Features" comprise a group of features provided via a Central Office Switch
without the need for special Customer Premises Equipment. Features include, but are not
limited to, call waiting, 3-way calling, abbreviated dialing (speed calling), call forwarding, and
series completing (busy or no answer).
Custom Local Area Signaling Service" or "CLASS" is a set of call-management service features
consisting of number translation services, such as call forwarding and caller identification
available within a Local Access and Transport Area (LATA). Features include, but are not
limited to, automatic callback, automatic recall , calling number delivery, Customer originated
trace, distinctive ringing/call waiting, selective call forwarding and selective call rejection.
Current Service Provider" means the Party from which an End User Customer is planning to
switch its local exchange service or the Party from which an End User Customer is planning to
port its telephone number(s).
Customer" is a Person to whom a Party provides or has agreed to provide a specific service or
set of services, whether directly or indirectly. Customer includes Telecommunication Carriers.
See also , End User Customer.
Customer Premises Equipment" or "CPE" means equipment employed on the premises of a
Person other than a Carrier to originate, route or terminate Telecommunications (e., a
telephone, PBX, modem pool , etc.
Customer Usage Data" means the Telecommunications Service usage data of a RESELLER
Customer, measured in minutes, sub-minute increments, message units or otherwise, that is
recorded by Qwest AMA equipment and forwarded to RESELLER.
Day" means calendar days unless otherwise specified.
Desired Due Date" means the desired service activation date as requested by RESELLER on a
service order.
Digital Signal Level" means one of several transmission rates in the time-division multiplex
hierarchy.
Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are 24 DSO channels in a DS1.
Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is
the initial level of multiplexing. There are 28 DS1 s in a DS3.
Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
Directory Assistance Database" shall have the meaning set forth in Section 7.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRega! Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Directory Assistance Lists" shall have the meaning set forth in Section 7.
Effective Date" shall have the meaning set forth in Section 5.
Electronic Bonding" is a real-time and secure electronic exchange of data between information
systems in separate companies. Electronic Bonding allows electronic access to services which
have traditionally been handled through manual means. The heart of Electronic Bonding is
strict adherence to both International and National standards. These standards define the
communication and data protocols allowing all organizations in the world to exchange
information.
Emergency Service Number" or "ESN" is a three to five digit number representing a unique
combination of Emergency Response Agencies (law enforcement, fire and emergency medical
service) designed to serve a specific range of addresses within a particular geographical area.
The ESN facilitates Selective Routing and transfer, if required , to the appropriate PSAP and the
dispatch of proper Emergency Response Agency(ies).
End User Customer" means a third party retail Customer that subscribes to a
Telecommunications Service provided by either of the Parties or by another Carrier or by two or
more Carriers.
Enhanced Services" means any service offered over Common Carrier transmission facilities
that employ computer processing applications that act on the format, content, code, protocol or
similar aspects of a subscriber s transmitted information; that provide the subscriber with
additional, different or restructured information; or involve End User Customer interaction with
stored information.
Enhanced 911" or "E911" shall have the meaning set forth in Section 6.
Environmental Hazard" means any substance the presence, use, transport , abandonment or
disposal of which (i) requires investigation, remediation , compensation, fine or penalty under
any Applicable Law (including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and Reauthorization Act , Resource
Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar
purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to human health
safety or the environment (including, without limitation , indoor, outdoor or orbital space
environments) and is regulated under any Applicable Law.
Exchange Access" (IntraLATA Toll)" is defined in accordance with Qwest's current IntraLATA
toll serving areas, as determined by Qwest's state and interstate Tariffs and excludes toll
provided using Switched Access purchased by an IXC. "Exchange Access" as used in the
remainder of the AGREEMENT shall have the meaning set forth in the Act.
Exchange Message Interface or "EMI" means the format used for exchange
Telecommunications message information among Telecommunications Carriers. It is
referenced in the Alliance for Telecommunications Industry Solutions (ATIS) document that
defines industry guidelines for the exchange of message records.
Exchange Message Record" or "EMR" is the standard used for exchange
Telecommunications message information between telecommunications providers for billable
non-billable, sample, settlement and study data. EMR format is contained in BR-01 0-200-01 0
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-001O
CRIS Exchange Message Record , a Telcordia document that defines industry standards for
exchange message records.
Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is
originated and terminated within the Local Calling Area as determined by the Commission.
FCC" means the Federal Communications Commission.
Finished Services" means complete end to end services offered by Owest to wholesale or retail
Customers. Finished Services do not include Unbundled Network Elements or combinations of
Unbundled Network Elements. Finished Services include voice messaging, Owest provided
DSL, Access Services , private lines, retail services and resold services.
Firm Order Confirmation" or "FOC" means the notice Owest provides to RESELLER to confirm
that the RES ELLER Local Service Order (LSR) has been received and has been successfully
processed. The FOC confirms the schedule of dates committed to by Owest for the
Provisioning of the service requested.
Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit I.
Information Service is the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information via
Telecommunications, and includes electronic publishing, but does not include any use of any
such capability for the management, control , or operation of a Telecommunications system or
the management of a Telecommunications Service.
Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA or IntraLATA Toll
services.
lnterLATA Traffic" describes Telecommunications between a point located in a Local Access
Transport and Area (LATA) and a point located outside such area.
lntraLATA Toll Traffic" describes IntraLATA Traffic outside the Local Calling Area.
Legitimately Related" terms and conditions are those rates, terms, and conditions that relate
solely to the individual interconnection , service or element being requested by RESELLER
under Section 252(i) of the Act, and not those relating to other interconnection , services or
elements in the approved Interconnection Agreement. This definition is not intended to limit the
FCC's interpretation of "legitimately related" as found in its rules, regulations or orders or the
interpretation of a court of competent jurisdiction.
Line Information Database" or "LlDB" shall have the meaning as set forth in Section 6.
Local Access Transport Area" or "LATA" is as defined in the Act.
Local Calling Area" is as defined by the Commission.
Local Exchange Carrier" or "LEC" means any Carrier that is engaged in the provision of
telephone Exchange Service or Exchange Access. Such term does not include a Carrier insofar
as such Carrier is engaged in the provision of a commercial mobile service under Section 332(c)
of the Act, except to the extent that the FCC finds that such service should be included in the
Owest Resale Template 1-
July 22, 2003fswd- Ih fRega I Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
definition of such term.
Maintenance of Service charge" is a charge that relates to trouble isolation. Maintenance of
Service charges are set forth in Exhibit A. Basic Maintenance of Service charges apply when
the Qwest technician performs work during standard business hours. Overtime Maintenance of
Service charges apply when the Qwest technician performs work on a business day, but outside
standard business hours, or on a Saturday. Premium Maintenance of Service charges apply
when the Qwest technician performs work on either a Sunday or Owest recognized holiday.
Miscellaneous Charges" mean cost-based charges that Qwest may assess in addition to
recurring and nonrecurring rates set forth in Exhibit A, for activities RESELLER requests Owest
to perform , activities RESELLER authorizes, or charges that are a result of RESELLER'
actions, such as cancellation charges, additional labor and maintenance. Miscellaneous
Charges are not already included in Owest's recurring or nonrecurring rates. Miscellaneous
Charges are listed in Exhibit A.
National Emergency Number Association" or "NENA" is an association which fosters the
technological advancement, availability and implementation of 911 Service nationwide through
research , planning, training, certification , technical assistance and legislative representation.
Near Real Time" means that Qwest's OSS electronically receives a transaction from
RESELLER , automatically processes that transaction, returns the response to that transaction
to RES ELLER in an automatic event driven manner (without manual intervention) via the
interface for the OSS Function in question. Except for the time it takes to send and receive the
transaction between Qwest's and RESELLER's OSS application , the processing time for
Qwest'representatives should be the same as the processing time for RES ELLER'
representatives. Current benchmarks using TCIF 98-006 averages between two and four
seconds for the connection and an average transaction transmittal. The specific agreed metrics
for "near-real-time" transaction processing will be contained in the Performance Indicator
Definitions (PIDs), where applicable.
911 Service" shall have the meaning set forth in Section 6.
North American Numbering Plan " or "NANP" means the basic numbering plan for the
Telecommunications networks located in the United States as well as Canada, Bermuda
Puerto Rico, Guam, the Commonwealth of the Marianna Islands 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.
Number Portability Administration Center" or "NPAC" means one of the seven regional number
portability centers involved in the dissemination of data associated with ported numbers. The
NPACs were established for each of the seven , original Bell Operating Company regions so as
to cover the 50 states, the District of Columbia and the U.S. territories in the North American
Numbering Plan area.
Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique
three-digit indicator that is defined by the "
" "
B" and "C" digits of each 1 O-digit telephone
number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2)
general categories of NPA. "Geographic NPA" is associated with a defined geographic area
and all telephone numbers bearing such NPA are associated with services provided within that
Geographic area. A "Non-Geographic NPA " also known as a "Service Access Code" (SAC
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified , Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Code), is typically associated with a specialized Telecommunications Service which may be
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
NXX
" "
NXX Code
" "
Central Office Code," or "CO Code" is the three digit Switch entity code
which is defined by the D, E, and F digits of a 10 digit telephone number within the NANP.
Operational Support Systems" or "OSS" shall have the meaning set forth in Section 9.
Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry
Solutions, concerned with inter-company ordering and Billing.
Parity" means the provision of non-discriminatory access to Interconnection , Resale
Unbundled Network Elements and other services provided under this Agreement to the extent
legally required on rates, terms and conditions that are non-discriminatory, just and reasonable.
Where Technically Feasible, the access provided by Owest will be provided in "substantially the
same time and manner" to that which Owest provides to itself, its End User Customers, its
Affiliates or to any other party.
Party" means either Owest or RESELLER and "Parties" means Owest and RESELLER.
Person" is a general term meaning an individual or association, corporation , firm, joint-stock
company, organization, partnership, trust or any other form or kind of entity.
Performance Indicator Definitions" or "PIDs" shall have the meaning set forth in Exhibit B.
POTS" means plain old telephone service.
Proof of Authorization
" ("
POA") shall consist of verification of the End User s selection and
authorization adequate to document the End User s selection of its local service provider.
Proprietary Information" shall have the same meaning as Confidential Information.
Provisioning" involves the exchange of information between Telecommunications Carriers
where one executes a request for a set of products and services or Unbundled Network
Elements or combinations thereof from the other with attendant acknowledgments and status
reports.
Public Safety Answering Point" or "PSAP" is the public safety communications center where
911/E911 calls for a specific geographic area are answered.
Public Switched Network" includes all Switches and transmission facilities, whether by wire or
radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the
NANP in connection with the provision of switched services.
Resale Agreement" or "Agreement" is an agreement entered into between Owest and
RES ELLER for ancillary services and resale of telecommunication services as a result of
negotiations, adoption and/or arbitration or a combination thereof pursuant to Section 252 of the
Act.
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Reseller" is a category of RESELLERs who purchase the use of Finished Services for the
purpose of reselling those Telecommunications Services to their End User Customers.
Scheduled Issued Date" or "SID" means the date the order is entered into Qwest's order
distribution system.
Service Creation Environment" is a computer containing generic call processing software that
can be programmed to create new Advanced Intelligent Network call processing services.
Service Date" or "SO" means the date service is made available to the End User Customer.
This also is referred to as the "Due Date.
Serving Wire Center" denotes the Wire Center from which dial tone for Local Exchange
Service would normally be provided to a particular Customer premises.
Signaling System 7" or "SS7" is an out-of-band signaling protocol consisting of four basic sub-
protocols:1) Message Transfer Part (MTP), which provides functions for basic routing
of signaling messages between signaling points;2) Signaling Connection Control Part (SCCP), which provides additional
routing and management functions for transfer of messages other than call setup
between signaling points;3) Integrated Services Digital Network User Part (ISUP), which provides for
transfer of call setup signaling information between signaling points; and4) Transaction Capabilities Application Part (TCAP), which provides for
transfer of non-circuit related information between signaling points.
Special Request Process" or "SRP" shall have the meaning set forth in Exhibit F.
Stand-Alone Test Environmenf' or "SATE" shall have the meaning set forth in Section 9.
Suspended Lines" means subscriber lines that have been temporarily disconnected.
Switched Access Service" means the offering of transmission and switching services to
Interexchange Carriers for the purpose of the origination or termination of telephone toll service.
Switched Access Services include: Feature Group A, Feature Group B, Feature Group 0, 8XX
access, and 900 access and their successors or similar Switched Access Services.
Tariff" as used throughout this Agreement refers to Owest interstate Tariffs and state Tariffs
price lists, and price schedules.
Telecommunications" means the transmission , between or among points specified by the user
of information of the user s choosing, without change in the form or content of the information as
sent and received.
Telecommunications Carrier" means any provider of Telecommunications Services, except that
such term does not include aggregators of Telecommunications Services (as defined in Section
226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRega I Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-001O
Act only to the extent that it is engaged in providing Telecommunications Services, except that
the Federal Communications Commission shall determine whether the provision of fixed and
mobile satellite service shall be treated as common carriage.
Telephone Exchange Service" means a service within a telephone exchange, or within a
connected system of telephone exchanges within the same exchange area operated to furnish
to End User Customers intercommunicating service of the character ordinarily furnished by
single exchange, and which is covered by the exchange service charge, or comparable service
provided through a system of Switches, transmission equipment or other facilities (or
combinations thereof) by which a subscriber can originate and terminate a Telecommunications
Service.
Toll Free Service" means service provided with any dialing sequence that invokes Toll Free,
Le., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free
Service 800/888/877/866 NPA SAC codes.
Transaction Set" is a term used by ANSI X12 and elsewhere that denotes a collection of data
related field rules, format, structure, syntax, attributes, segments, elements, qualifiers, valid
values that are required to initiate and process a business function from one trading partner to
another. Some business function events pre-order inquiry and response are defined ascomplimentary Transaction Sets. An example of a Transaction Set is service address validation
inquiry and service address validation response.
Voluntary Federal Subscriber Financial Assistance Programs" are Telecommunications
Services provided to low-income subscribers, pursuant to requirements established by the
Commission or the FCC.
Waste" means all hazardous and non-hazardous substances and materials which are intended
to be discarded, scrapped or recycled, associated with activities RESELLER or Qwest or their
respective contractors or agents perform at Work Locations. It shall be presumed that all
substances or materials associated with such activities, that are not in use or incorporated into
structures (including without limitation damaged components or tools , leftovers , containers
garbage , scrap, residues or by products), except for substances and materials that RESELLER
Qwest or their respective contractors or agents intend to use in their original form in connection
with similar activities , are Waste. Waste shall not include substances, materials or components
incorporated into structures (such as cable routes) even after such components or structure are
no longer in current use.
Wire Center" denotes a building or space within a building that serves as an aggregation point
on a given Carrier 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 Services and Access Services, are located.
Work Locations" means any real estate that RESELLER or Qwest, as appropriate, owns,
leases or licenses, or in which it holds easements or other rights to use, or does use, in
connection with this Agreement.
Terms not otherwise defined here, but defined in the Act and the orders and the rules
implementing the Act, shall have the meaning defined there. The definition of terms that are
included here and are also defined in the Act, or its implementing orders or rules, are intended
to include the definition as set forth in the Act and the rules implementing the Act.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Section 5.0 - TERMS AND CONDITIONS
General Provisions
Intentionally Left Blank.
ntentionally Left Blank.
Intentionally Left Blank..1.4 Each Party is solely responsible for the services it provides to its End
Users and to other Telecommunications Carriers. This provision is not intended to limit
the liability of either Party for its failure to perform under this Agreement.
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.
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. Notwithstanding the foregoing, Owest shall not
assess any charges against RESELLER for services, facilities, Unbundled Network
Elements, ancillary services and other related works or services covered by this
Agreement, unless the charges are expressly provided for in this Agreement. All
services and capabilities currently provided hereunder (including resold
Telecommunications Services, Unbundled Network Elements, UNE Combinations and
ancillary services) and all new and additional services or Unbundled Network Elements
to be provided hereunder, shall be priced in accordance with all applicable provisions of
the Act and the rules and orders of the Federal Communications Commission and orders
of the Commission.
Term of Agreement
This Agreement shall become effective upon Commission approval
pursuant to Section 252 of the Act (the Effective Date). This Agreement shall be binding
upon the Parties for a term of three (3) years and shall expire three (3) years from the
Effective Date.
Upon expiration of the term of this Agreement, this Agreement shall
continue in full force and effect until superseded by a successor Agreement in
accordance with this Section 5.2. Any party may request negotiation of a successor
Agreement by written notice to the other Party no earlier than one hundred sixty (160)
days prior to the expiration of the term, or the Agreement shall renew on a month to
month basis. The date of this notice will be the starting point for the negotiation window
under Section 252 of the Act. This Agreement will terminate on the date a successor
Agreement is approved by the Commission.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Prior to the conclusion of the term specified above, RESELLER
may obtain Interconnection services under the terms and conditions of a then-
existing AGREEMENT or Agreement to become effective at the conclusion of the
term or prior to the conclusion of the term if RESELLER so chooses.
Proof of Authorization
Each Party shall be responsible for obtaining and maintaining Proof of
Authorization (POA) as required by applicable federal and state law, as amended from
time to time.
The end user s electronic or written Letter of Authorization.
The end user s electronic authorization by use of an 8XX number.
The end user s oral authorization verified by an independent third
party (with third party verification as POA).
The Parties shall make peAs available to each other upon request in the
event of an allegation of an unauthorized change in accordance with all Applicable Laws
and rules and shall be subject to any penalties contained therein.
Payment
5.4.Amounts payable under this Agreement are due and payable within thirty
(30) calendar days after the date of invoice, or within twenty (20) calendar days after
receipt of the invoice, whichever is later (payment Due Date). If the payment Due Date
is not a business day, the payment shall be due the next business day.
5.4.One Party may discontinue processing orders for the failure of the other
Party to make full payment for the relevant service, less any disputed amount as
provided for in Section 5.4.4 of this Agreement, for the relevant services provided under
this Agreement within thirty (30) calendar days following the payment Due Date. The
Billing Party will notify the other Party in writing at least ten (10) business days prior to
discontinuing the processing of orders for the relevant services. If the Billing Party does
not refuse to accept additional orders for the relevant services on the date specified in
the ten (10) business days notice , and the other Party s non-compliance continues,
nothing contained herein shall preclude the Billing Party'right to refuse to accept
additional orders for the relevant services from the non-complying Party without further
notice. For order processing to resume, the billed Party will be required to make full
payment of all charges for the relevant services not disputed in good faith under this
Agreement. Additionally, the Billing Party may require a deposit (or additional deposit)
from the billed Party, pursuant to this section. In addition to other remedies that may be
available at law or equity, the billed Party reserves the right to seek equitable relief
including injunctive relief and specific performance.
5.4.The Billing Party may disconnect any and all relevant services for failure
by the billed Party to make full payment, less any disputed amount as provided for in
Section 5.4.4 of this Agreement, for the relevant services provided under this Agreement
within sixty (60) calendar days following the payment Due Date. The billed Party will pay
the applicable reconnect charge set forth in Exhibit A required to reconnect each resold
awest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)/ldahofCDS-O30722-001O
End User line disconnected pursuant to this paragraph. The Billing Party will notify the
billed Party in writing at least ten (10) business days prior to disconnection of the unpaid
service(s). In case of such disconnection, all applicable undisputed charges, including
termination charges, shall become due. If the Billing Party does not disconnect the billed
Party s service(s) on the date specified in the ten (10) business days notice , and the
billed Party s noncompliance continues, nothing contained herein shall preclude the
Billing Party s right to disconnect any or all relevant services of the non-complying Party
without further notice. For reconnection of the non-paid service to occur, the billed Party
will be required to make full payment of all past and current undisputed charges under
this Agreement for the relevant services. Additionally, the Billing Party will request a
deposit (or recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the billed
Party, pursuant to this Section. Both Parties agree, however, that the application of this
provision will be suspended for the initial three (3) Billing cycles of this Agreement and
will not apply to amounts billed during those three (3) cycles. In addition to other
remedies that may be available at law or equity, each Party reserves the right to seek
equitable relief, including injunctive relief and specific performance.
5.4.4 Should RESELLER or Owest dispute, in good faith , any portion of the
nonrecurring charges or monthly Billing under this Agreement, the Parties will notify
each other in writing within fifteen (15) calendar days following the payment Due Date
identifying the amount, reason and rationale of such dispute. At a minimum, RESELLER
and Owest shall pay all undisputed amounts due. Both RES ELLER and Owest agree to
expedite the investigation of any disputed amounts, promptly provide all documentation
regarding the amount disputed that is reasonably requested by the other Party, and work
in good faith in an effort to resolve and settle the dispute prior to initiating any other
rights or remedies.
5.4.4.1 If a Party disputes charges and does not pay such charges by the
payment Due Date , such charges may be subject to late payment charges. If the
disputed charges have been withheld and the dispute is resolved in favor of the
Billing Party, the withholding Party shall pay the disputed amount and applicable
late payment charges no later than the second Bill Date following the resolution.
If the disputed charges have been withheld and the dispute is resolved in favor of
the disputing Party, the Billing Party shall credit the bill of the disputing Party for
the amount of the disputed charges and any late payment charges that have
been assessed no later than the second Bill Date after the resolution of the
dispute. If a Party pays the disputed charges and the dispute is resolved in favor
of the Billing Party, no further action is required.
5.4.4.If a Party pays the charges disputed at the time of payment or at
any time thereafter pursuant to Section 5.4.4.3, and the dispute is resolved in
favor of the disputing Party, the Billing Party shall, no later than the second Bill
Date after the resolution of the dispute: (1) credit the disputing Party s bill for the
disputed amount and any associated interest or (2) pay the remaining amount to
RESELLER, if the disputed amount is greater than the bill to be credited. The
interest calculated on the disputed amounts will be the same rate as late
payment charges. In no event, however, shall any late payment charges be
assessed on any previously assessed late payment charges.
5.4.4.If a Party fails to dispute a charge and discovers an error on a bill
it has paid after the period set forth in section 5.4.4, the Party may dispute the bill
at a later time through an informal process, through an Audit pursuant to the
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Audit provision of this Agreement, through the Dispute Resolution provision of
this Agreement, or applicable state statues or commission rules.
5.4.Each Party will determine the other Party s credit status based on previous
payment history or credit reports such as Dun and Bradstreet. If a Party has not
established satisfactory credit with the other Party according to the above provisions or
the Party is repeatedly delinquent in making its payments, or the Party is being
reconnected after a disconnection of service or discontinuance of the processing of
orders by the Billing Party due to a previous nonpayment situation, the Billing Party may
require a deposit to be held as security for the payment of charges before the orders
from the billed Party will be provisioned and completed or before reconnection of
service. "Repeatedly delinquent" means any payment received thirty (30) calendar days
or more after the payment Due Date, three (3) or more times during a twelve (12) month
period. The deposit may not exceed the estimated total monthly charges for an average
two (2) month period within the 151 three (3) months for all services. The deposit may be
a surety bond if allowed by the applicable Commission regulations, a letter of credit with
terms and conditions acceptable to the Billing Party, or some other form of mutually
acceptable security such as a cash deposit. Required deposits are due and payable
within thirty (30) calendar days after demand.
5.4.Interest will be paid on cash deposits at the rate applying to deposits under
applicable Commission regulations. Cash deposits and accrued interest will be credited
to the billed Party s account or refunded, as appropriate, upon the earlier of the
expiration of the Agreement or the establishment of satisfactory credit with the Billing
Party, which will generally be one full year of timely payments of undisputed amounts in
full by the billed Party. Upon a material change in financial standing, the billed Party
may request and the Billing Party will consider a recalculation of the deposit. The fact
that a deposit has been made does not relieve RESELLER from any requirements of this
Agreement.
5.4.The Billing Party may review the other Party s credit standing and modify
the amount of deposit required but in no event will the maximum amount exceed the
amount stated in 5.4.
5.4.The late payment charge for amounts that are billed under this Agreement
shall be in accordance with Commission requirements.
5.4.Each Party shall be responsible for notifying its End User Customers of
any pending disconnection of a non-paid service by the billed Party, if necessary, to
allow those Customers to make other arrangements for such non-paid services.
Taxes
Any federal, state, or local sales, use, excise, gross receipts, transaction
or similar taxes, fees or surcharges resulting from the performance of this Agreement
shall be borne by the Party upon which the obligation for payment is imposed under
Applicable Law, even if the obligation to collect and remit such taxes is placed upon the
other Party. However, where the selling Party is permitted by law to collect such taxes
fees or surcharges from the purchasing Party, such taxes, fees or surcharges shall be
borne by the Party purchasing the services. Each Party is responsible for any tax on its
corporate existence, status or income. Whenever possible, these amounts shall be
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified , Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
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. If either Party (the Contesting
Party) contests the application of any tax collected by the other Party (the Collecting
Party), the Collecting Party shall reasonably cooperate in good faith with the Contesting
Party s challenge, provided that the Contesting Party pays any costs incurred by the
Collecting Party. The Contesting Party is entitled to the benefit of any refund or recovery
resulting from the contest, provided that the Contesting Party is liable for and has paid
the tax contested.
Insurance
Each Party shall at all times during the term of this Agreement, at its own
cost and expense, carry and maintain the insurance coverage listed below with insurers
having a "Best'" rating of B+XIII with respect to liability arising from that Party
operations for which that Party has assumed legal responsibility in this Agreement.
either Party or its parent company has assets equal to or exceeding $10,000,000,000,
that Party may utilize an Affiliate captive insurance company in lieu of a "Best'" rated
insurer. To the extent that the parent company of a Party is relied upon to meet the
$10 000 000 000 asset threshold, such parent shall be responsible for the insurance
obligations contained in this Section 5., to the extent its affiliated Party fails to meet
such obligations.
1 Workers' Compensation with statutory limits as required in the
state of operation and Employers' Liability insurance with limits of not less than
$100 000 each accident.
Commercial General Liability insurance covering claims for bodily
injury, death, personal injury or property damage occurring or arising out of theuse or occupancy of the Premises, including coverage for independent
contractor s protection (required if any work will be subcontracted), Premises-
operations, products and/or completed operations and contractual liability with
respect to the liability assumed by each Party hereunder. The limits of insurance
shall not be less than 000 000 each occurrence and 000 000 general
aggregate limit.
Business automobile liability insurance covering the ownership,
operation and maintenance of all owned, non-owned and hired motor vehicles
with limits of not less than 000,000 per occurrence for bodily injury and
property damage.1.4 Umbrella/Excess Liability insurance in an amount of $10,000,000
excess of Commercial General Liability insurance specified above. These limits
may be obtained through any combination of primary and excess or umbrella
liability insurance so long as the total limit is $11 000,000.5 "All Risk" Property coverage on a full replacement cost basis
insuring all of RESELLER personal property situated on or within the premises.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Each Party will initially provide certificate(s) of insurance evidencing
coverage, and thereafter will provide such certificate(s) upon request. Such certificates
shall (1) name the other Party as an additional insured under commercial general liability
coverage; (2) provide 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 the other Party; and (4) acknowledge severability of
interest/cross liability coverage.
Force Majeure
Neither Party shall be liable for any delay or failure in performance of any
part of this Agreement from any cause beyond its control and without its fault or
negligence including, without limitation , acts of nature, acts of civil or military authority,
government regulations, embargoes , epidemics, terrorist acts , riots, insurrections, fires,
explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts
volcanic action , other major environmental disturbances, or unusually severe weather
conditions (collectively, a Force Majeure Event). Inability to secure products or services
of other persons or transportation facilities or acts or omissions of transportation carriers
shall be considered Force Majeure Events to the extent any delay or failure in
performance caused by these circumstances is beyond the Party s control and without
the Party s fault or negligence. 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.
Limitation of Liability
Each Party s liability to the other Party for any loss relating to or arising out
of any act or omission in its performance under this Agreement, whether in contract,
warranty, strict liability, or tort, including (without limitation) negligence of any kind , 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. Each Party s liability to the other Party for any other losses shall be limited to
the total amounts charged to RESELLER under this Agreement during the contract year
in which the cause accrues or arises. Payments pursuant to the QPAP should not be
counted against the limit provided for in the SGAT Section.
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. If the Parties enter into a Performance Assurance Plan under this
Agreement nothing in this Section 5.2 shall limit amounts due and owing under any
Performance Assurance Plan.
Intentionally Left Blank.
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
8.4 Nothing contained in this Section shall limit either Party s liability to the
other for (i) willful or intentional misconduct or (ii) damage to tangible real or personal
property proximately caused solely by such Party s negligent act or omission or that of
their respective agents, subcontractors or employees.
Nothing contained in this Section 5.8 shall limit either Party s obligations of
indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party
liability for failing to make any payment due under this Agreement.
Indemnity
The Parties agree that unless otherwise specifically set forth in this
Agreement the following constitute the sole indemnification obligations between and
among the Parties:
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
reasonable costs and expenses (including attorneys' fees), whether suffered
made, instituted, or asserted by any Person or entity, for invasion of privacy,
bodily injury or death of any Person or Persons, or for loss, damage to, or
destruction of tangible property, whether or not owned by others, resulting from
the Indemnifying Party s breach of or failure to perform under this Agreement
regardless of the form of action, whether in contract, warranty, strict liability, or
tort including (without limitation) negligence of any kind.
In the case of claims or loss alleged or incurred by an End User
Customer of either Party arising out of or in connection with services provided to
the End User Customer by the Party, the Party whose End User Customer
alleged or incurred such claims or loss (the Indemnifying Party) shall defend and
indemnify the other Party and each of its officers, directors, employees and
agents (collectively the Indemnified Party) against any and all such claims or loss
by the Indemnifying Party , End User Customers regardless of whether the
underlying service was provided or Unbundled Element was provisioned by the
Indemnified Party, unless the loss was caused by the willful misconduct of the
Indemnified Party. The obligation to indemnify with respect to claims of the
Indemnifying Party s End User Customers shall not extend to any claims for
physical bodily injury or death of any Person or person, or for loss, damage to , or
destruction of tangible property, whether or not owned by others , alleged to have
resulted directly from the negligence or intentional conduct of the employees
contractors, agents , or other representatives of the Indemnified Party.
The indemnification provided herein shall be conditioned upon:
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 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.
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-001O
If the indemnifying Party wishes to defend against such action, it
shall give written notice to the indemnified Party of acceptance of the defense of
such action. In such event, 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. In the event that the Indemnifying Party does not accept the defense of
the action , the Indemnified Party shall have the right to employ counsel for such
defense at the expense of the Indemnifying Party. Each Party agrees to
cooperate with the other Party in the defense of any such action and the relevant
records of each Party shall be available to the other Party with respect to any
such defense.
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. In the event the Indemnified Party withholds consent, the
Indemnified Party may, at its cost, take over such defense, provided that, in such
event, the Indemnifying Party shall not be responsible for, nor shall it be
obligated to indemnify the relevant Indemnified Party against, any cost or liability
in excess of such refused compromise or settlement.
Intellectual Property
10.Except for a license to use any facilities or equipment (including software)
solely for the purposes of this Agreement or to receive any service solely (a) as provided
in this Agreement or (b) as specifically required by the then-applicable federal and state
rules and regulations relating to Interconnection and access to telecommunications
facilities and services, nothing contained within this Agreement shall be construed as the
grant of a license, either express or implied, with respect to any patent, copyright, trade
name, trade mark, service mark, trade secret, or other proprietary interest or intellectual
property, now or hereafter owned, controlled or licensable by either Party. Nothing in
this Agreement shall be construed as the grant to the other Party of any rights or
licenses to trade or service marks.
10.Subject to Section 5., each Party (the Indemnifying Party) shall
indemnify and hold the other Party (the Indemnified Party) harmless from and against
any loss, cost, expense or liability arising out of a claim that the use of facilities of the
Indemnifying Party or services provided by the Indemnifying Party provided or used
pursuant to the terms of this Agreement misappropriates or otherwise violates the
intellectual property rights of any third party. In addition to being subject to the
provisions of Section 5., the obligation for indemnification recited in this paragraph
shall not extend to infringement which results from (a) any combination of the facilities or
services of the Indemnifying Party with facilities or services of any other person
(including the Indemnified Party but excluding the Indemnifying Party and any of its
Affiliates), which combination is not made by or at the direction of the Indemnifying Party
or (b) any modification made to the facilities or services of the Indemnifying Party by, on
behalf of or at the request of the Indemnified Party and not required by the Indemnifying
Party. In the event of any claim, the Indemnifying Party may, at its sole option (a) obtain
the right for the Indemnified Party to continue to use the facility or service; or (b) replace
or modify the facility or service to make such facility or service non-infringing. If the
Indemnifying Party is not reasonably able to obtain the right for continued use or to
replace or modify the facility or service as provided in the preceding sentence and either
(a) the facility or service is held to be infringing by a court of competent jurisdiction or (b)
Owest Resale Template 1-
July 22, 2003fswd- Ih fRega! Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
the Indemnifying Party reasonably believes that the facility or service will be held to
infringe, the Indemnifying Party shall notify the Indemnified Party and the parties shall
negotiate in good faith regarding reasonable modifications to this Agreement necessary
to (1) mitigate damage or comply with an injunction which may result from such
infringement or (2) allow cessation of further infringement. The Indemnifying Party may
request that the Indemnified Party take steps to mitigate damages resulting from the
infringement or alleged infringement including, but not limited to , accepting modifications
to the facilities or services, and such request shall not be unreasonably denied.
10.To the extent required under applicable federal and state law, Qwest shall
use its best efforts to obtain , from its vendors who have licensed intellectual property
rights to Qwest in connection with facilities and services provided hereunder, licenses
under such intellectual property rights as necessary for RESELLER to use such facilities
and services as contemplated hereunder and at least in the same manner used by
Qwest for the facilities and services provided hereunder. Qwest shall notify RESELLER
immediately in the event that Qwest believes it has used its best efforts to obtain such
rights, but has been unsuccessful in obtaining such rights.
10.Owest covenants that it will not enter into any licensing
Agreements with respect to any Qwest facilities, equipment or services, including
software , that contain provisions that would disqualify RESELLER from using or
interconnecting with such facilities, equipment or services, including software,
pursuant to the terms of this Agreement. Qwest warrants and further covenants
that it has not and will not knowingly modify any existing license Agreements for
any network facilities, equipment or services, including software, in whole or in
part for the purpose of disqualifying RES ELLER from using or interconnecting
with such facilities, equipment or services, including software, pursuant to the
terms of this Agreement. To the extent that providers of facilities , equipment,
services or software in Qwest's network provide Qwest with indemnities covering
intellectual property liabilities and those indemnities allow a flow-through of
protection to third parties, Qwest shall flow those indemnity protections through
to RESELLER.10.4 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, trade name, 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, trade name, trade
secret or other intellectual property rights of the other Party or its Affiliates without
execution of a separate Agreement between the Parties.
10.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 marketing,
advertising or promotional activities or materials, 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
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Elements as originating from the other Party or its Affiliates in any marketing, advertising
or promotional activities or materials.
10.For purposes of resale only and notwithstanding the above , unless
otherwise prohibited by Owest pursuant to an applicable provision herein, RESELLER
may use the phrase "RESELLER is a Reseller of Owest Services" (the "Authorized
Phrase ) in RES ELLER's printed materials provided:
10.The Authorized Phrase is not used in connection with any goods
or services other than Owest services resold by RESELLER.
10.RES ELLER's use of the Authorized Phrase does not cause End
Users to believe that RESELLER is Owest.
10.The Authorized Phrase, when displayed, appears only in text
form (RESELLER may not use the Owest logo) with all letters being the same
font and point size. The point size of the Authorized Phrase shall be no greater
than one fourth the point size of the smallest use of RESELLER's name and in
no event shall exceed 8 point size.
10.6.4 RESELLER shall provide all printed materials using the
Authorized Phrase to Owest for its prior written approval.
10.If Owest determines that RES ELLER's use of the AuthorizedPhrase causes End User confusion, Owest may immediately terminate
RESELLER's right to use the Authorized Phrase.
10.Upon termination of RESELLER'right to use the Authorized
Phrase or termination of this Agreement, all permission or right to use the
Authorized Phrase shall immediately cease to exist and RES ELLER shall
immediately cease any and all such use of the Authorized Phrase. RESELLER
shall either promptly return to Owest or destroy all materials in its possession or
control displaying the Authorized Phrase.
10.Owest and RESELLER each recognize that nothing contained in this
Agreement is intended as an assignment or grant to the other of any right, title or interest
in or to the trademarks or service marks of the other (Marks) and that this Agreement
does not confer any right or license to grant sublicenses or permission to third parties to
use the Marks of the other and is not assignable. Neither Party will do anything
inconsistent with the other s ownership of their respective Marks, and all rights, if any,
that may be acquired by use of the Marks shall inure to the benefit of their respective
Owners. The Parties shall comply with all Applicable Law governing Marks worldwide
and neither Party will infringe the Marks of the other.
Warranties
11.EXCEPT AS EXPRESSLY SET FORTH IN 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
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
PARTICULAR PURPOSE AND THAT ALL PRODUCTS AND SERVICES PROVIDED
HEREUNDER ARE PROVIDED "AS IS", WITH ALL FAULTS.
Assignment
12.Neither Party may assign or transfer (whether by operation of law or
otherwise) this Agreement (or any rights or obligations hereunder) to a third party without
the prior written consent of the other Party. Notwithstanding the foregoing, either Party
may assign or transfer this Agreement to a corporate Affiliate or an entity under its
common control without the consent of the other Party, provided that the performance of
this Agreement by any such assignee is guaranteed by the assignor. 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.
12.In the event that Owest transfers to any party exchanges including End
Users that a RESELLER serves in whole or in part through facilities or services provided
by Owest under this Agreement, the transferee shall be deemed a successor to Owest'
responsibilities hereunder for a period of ninety (90) days from notice to RES ELLER of
completion of such a transfer or until such later time as the Commission may direct
pursuant to the Commission s then-applicable statutory authority to impose such
responsibilities either as a condition of the transfer or under such other state statutory
authority as may give it such power. In the event of such a proposed transfer, Owest
shall use its best efforts to facilitate discussions between RESELLER and the transferee
with respect to the transferee s assumption of Owest's obligations pursuant to the terms
of this Agreement.
12.Nothing in this section is intended to restrict RESELLER's rights to opt into
Interconnection Agreements under ~252 of the Act.
Default
13.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
Disclaimer of Agency
14.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.
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-001 0
Severability
15.In the event that anyone or more of the provisions contained herein shall
for any reason be held to be unenforceable or invalid in any respect under law or
regulation, the Parties will negotiate in good faith for replacement language as set forth
herein. If any part of this Agreement is held to be invalid or unenforceable for any
reason, such invalidity or unenforceability will affect only the portion of this Agreement
which is invalid or unenforceable. In all other respects, this Agreement will stand as if
such invalid or unenforceable provision had not been a part hereof, and the remainder of
this Agreement shall remain in full force and effect.
Nondisclosure
16.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) furnished by one Party to the other Party dealing with business or marketing
plans End User specific, facility specific, or usage 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
Confidential" or "Proprietary" (collectively referred to as "Proprietary Information ), shall
remain the property of the disclosing Party. A Party who receives Proprietary
Information via an oral communication may request written confirmation that the material
is Proprietary Information. A Party who delivers Proprietary Information via an oral
communication may request written confirmation that the Party receiving the information
understands that the material is Proprietary Information. Each Party shall have the right
to correct an inadvertent failure to identify information as Proprietary Information by
giving written notification within thirty (30) days after the information is disclosed. The
receiving Party shall, from that time forward, treat such information as Proprietary
Information.
16.Upon request by the disclosing Party, the receiving Party shall return all
tangible copies of Proprietary Information , whether written, graphic or otherwise, except
that the receiving Party may retain one copy for archival purposes.
16.Each Party shall keep all of the other Party Proprietary Information
confidential and will disclose it on a need to know basis only. In no case shall retail
marketing, sales personnel , or strategic planning have access to such Proprietary
Information. The Parties shall use the other Party s Proprietary Information only
connection with 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.
16.4 Unless otherwise agreed, the obligations of confidentiality and non-use set
forth in this Agreement do not apply to such Proprietary Information as:a) was at the time of receipt already known to the receiving Party
free of any obligation to keep it confidential evidenced by written records
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
prepared prior to delivery by the disclosing Party; orb) is or becomes publicly known through no wrongful act of the
receiving Party; orc) 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; ord) 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; ore) is disclosed to a third person by the disclosing Party without
similar restrictions on such third person s rights; or
Party; or
is approved for release by written authorization of the disclosing
g)
is required to be disclosed by the receiving Party pursuant to
Applicable Law or regulation provided that the receiving Party shall give sufficient
notice of the requirement to the disclosing Party to enable the disclosing Party to
seek protective orders.
16.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. In addition either
Party shall have the right to disclose Proprietary Information to any mediator, arbitrator
state or federal regulatory body, the Department of Justice or any court in the conduct of
any proceeding arising under or relating in any way to this Agreement or the conduct of
either Party in connection with this Agreement, including without limitation the approval
of this Agreement , or in any proceedings concerning the provision of InterLATA services
by Qwest that are or may be required by the Act. The Parties agree to cooperate with
each other in order to seek appropriate protection or treatment of such Proprietary
Information pursuant to an appropriate protective order in any such proceeding.
16.Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Proprietary Information provisions of this Agreement shall apply to all
information furnished by either Party to the other in furtherance of the purpose of this
Agreement, even if furnished before the Effective Date.
16.Each Party agrees that the disclosing Party could be irreparably injured by
a breach of the confidentiality obligations of this Agreement by the receiving Party or its
representatives and that the disclosing Party shall be entitled to seek equitable relief
including injunctive relief and specific performance, in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies shall not be deemed to be
the exclusive remedies for a breach of the confidentiality provisions of this Agreement
but shall be in addition to all other remedies available at law or in equity.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRega I Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-001 0
16.Nothing herein should be construed as limiting either Party
rights with respect to its own Proprietary Information or its obligations with
respect to the other Party s Proprietary Information under Section 222 of the Act.
16.Reserved For Future Use
Survival
17.Any liabilities or obligations of a Party for acts or omissions prior to the
termination of this Agreement, and any obligation of a Party under 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 to be performed after) termination of this Agreement , shall survive
cancellation or termination hereof.
Dispute Resolution
18.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 this Section. Each notice of default, unless cured within the
applicable cure period, shall be resolved in accordance herewith. Dispute resolution
under the procedures provided in this Section 5.18 shall be the preferred, but not the
exclusive, remedy for all disputes between Owest and RESELLER arising out of this
Agreement or its breach. Each Party reserves its rights to resort to the Commission or
to a court, agency, or regulatory authority of competent jurisdiction. Nothing in this
Section 5.18 shall limit the right of either Owest or RESELLER, upon meeting the
requisite showing, to obtain provisional remedies (including injunctive relief) from a court
before, during or after the pendancy of any arbitration proceeding brought pursuant to
this Section 5.18. However, once a decision is reached by the Arbitrator, such decision
shall supersede any provisional remedy.
18.At the written request of either Party (the Resolution Request), and prior to
any other formal dispute resolution proceedings , each Party shall within seven (7)
calendar days after such Resolution Request designate a vice-presidential level
employee or a representative with authority to make commitments 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.
18.If the vice-presidential level representatives or the designated
representative with authority to make commitments have not reached a resolution of the
dispute within fifteen (15) calendar days after the Resolution Request (or such longer
period as agreed to in writing by the Parties), or if either Party fails to designate such
Qwest Resale Template 1-
July 22 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
vice-presidential level representative or their representative with authority to make
commitments within seven (7) calendar days after the date of the Resolution Request
then either Party may request that the Dispute be settled by arbitration. Notwithstanding
the foregoing, a Party may request that the Dispute be settled by arbitration two (2)
calendar days after the Resolution Request pursuant to the terms of Section 5.18.1. In
any case, the arbitration proceeding shall be conducted by a single arbitrator
knowledgeable about the telecommunications industry unless the Dispute involves
amounts exceeding five million ($5,000 000) in which case the proceeding shall be
conducted by panel of three (3) arbitrators knowledgeable about the
Telecommunications industry. The arbitration proceedings shall be conducted under the
then-current rules for commercial disputes of the American Arbitration Association (AAA)
or J.A.M.S./Endispute, at the election of the Party that initiates dispute resolution under
this Section 5.18. Such rules and procedures shall apply notwithstanding any part of
such rules that may limit their availability for ' resolution of a Dispute. 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. The
arbitrator s award shall be final and binding and may be entered in any court having
jurisdiction thereof. Each Party shall bear its own costs and attorneys' fees , and shall
share equally in the fees and expenses of the arbitrator. The arbitration proceedings
shall occur in the Denver metropolitan area or in another mutually agreeable location.
is acknowledged that the Parties, by mutual , written Agreement, may change any of
these arbitration practices for a particular, some, or all Dispute(s) The Party which
sends the Resolution Request must notify the Secretary of the Commission of the
arbitration proceeding within forty eight (48) hours of the determination to arbitrate.
18.All expedited procedures prescribed by the AAA
A.M.S./Endispute rules, as the case may be, shall apply to Disputes affecting
the ability of a Party to provide uninterrupted , high quality services to its End
User Customers, or as otherwise called for in this Agreement. A Party may seek
expedited resolution of a Dispute if the vice-presidential level representative, or
other representative with authority to make commitments, have not reached a
resolution of the Dispute within two (2) calendar days after the Resolution
Request. In the event the Parties do not agree that a service affecting Dispute
exists , the Dispute resolution shall commence under the expedited process set
forth in this Section 5.18., however, the first matter to be addressed by the
Arbitrator shall be the applicability of such process to such Dispute.
18.There shall be no discovery except for the exchange of
documents deemed necessary by the Arbitrator to an understanding and
determination of the dispute. Owest and RES ELLER shall attempt, in good faith
to agree on a plan for such document discovery. Should they fail to agree, either
Owest or RESELLER may request a joint meeting or conference call with the
Arbitrator. The Arbitrator shall resolve any disputes between Owest and
RESELLER, and such resolution with respect to the need, scope, manner, and
timing of discovery shall be final and binding.
18.3 Arbitrator s Decision.
18.The Arbitrator s decision and award shall be in writingand shall state concisely the reasons for the award, including the
Arbitrator s findings of fact and conclusions of law.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
18.An interlocutory decision and award of the Arbitrator
granting or denying an application for preliminary injunctive relief may be
challenged in a forum of competent jurisdiction immediately, but no later
than ten (10) business days after the appellant's receipt of the decision
challenged. During the pendency of any such challenge, any injunction
ordered by the Arbitrator shall remain in effect, but the enjoined Party
may make an application to the Arbitrator for appropriate security for the
payment of such costs and damages as may be incurred or suffered by it
if it is found to have been wrongfully enjoined, if such security has not
previously been ordered. If the authority of competent jurisdiction
determines that it will review a decision granting or denying an application
for preliminary injunctive relief, such review shall be conducted on an
expedited basis.
18.3.4 To the extent that any information or materials disclosed in the
course of an arbitration proceeding contain proprietary, trade secret or
Confidential Information of either Party, it shall be safeguarded in accordance
with Section 5.16 of this Agreement, or if the parties mutually agree, such other
appropriate Agreement for the protection of proprietary, trade secret or
Confidential Information that the Parties negotiate. However, nothing in such
negotiated Agreement shall be construed to prevent either Party from disclosing
the other Party s information to the Arbitrator in connection with or in anticipation
of an arbitration proceeding, provided however that the Party seeking to disclose
the information shall first provide fifteen (15) calendar days notice to the
disclosing Party so that that Party, with the cooperation of the other Party, may
seek a protective order from the arbitrator. Except as the Parties otherwise
agree, or as the Arbitrator for good cause orders, the arbitration proceedings
including hearings, briefs , orders, pleadings and discovery shall not be deemed
confidential and may be disclosed at the discretion of either Party, unless it is
subject to being safeguarded as proprietary, trade secret or Confidential
Information, in which event the procedures for disclosure of such information
shall apply.
18.4 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.
18.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.
18.Nothing in this Section is intended to divest or limit the jurisdiction and
authority of the Commission or the FCC as provided by state and federal law.
18.In the event of a conflict between this Agreement and the rules prescribed
by the AAA or J.A.M.S.lEndispute, this Agreement shall be controlling.
18.This Section does not apply to any claim , controversy or dispute between
the Parties, their agents , employees, officers, directors or affiliated agents concerning
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-001O
the misappropriation of use of intellectual property rights of a Party, including, but not
limited to, the use of the trademark, tradename, trade dress or service mark of a Party.
Controlling Law
19.This Agreement is offered by Owest and accepted by RESELLER in
accordance with applicable federal law and the state law of Idaho. It shall be interpreted
solely in accordance with applicable federal law and the state law of Idaho.
Responsibility for Environmental Contamination
20.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.
20.In the event any suspect materials within Owest-owned, operated or
leased facilities are identified to be asbestos containing, RESELLER will ensure that to
the extent any activities which it undertakes in the facility disturb such suspect materials
such RES ELLER activities will be in accordance with applicable local , state and federal
environmental and health and safety statutes and regulations. Except for abatement
activities undertaken by RESELLER or equipment placement activities that result in the
generation of asbestos-containing material, RESELLER does not have any responsibility
for managing, nor is it the owner of, nor does it have any liability for, or in connection
with , any asbestos-containing material. Owest agrees to immediately notify RESELLERif Owest undertakes any asbestos control or asbestos abatement activities that
potentially could affect RESELLER personnel, equipment or operations, including, but
not limited to, contamination of equipment
Notices
21.Any notices required by or concerning this Agreement shall be in writing
and shall be sufficiently given if delivered personally, delivered by prepaid overnight
express service, or sent by certified mail , return receipt requested, or by email where
specified in this Agreement to Owest and RESELLER at the addresses shown below:
Owest Corporation
Director Interconnection Compliance
1801 California, Room 2420
Denver, CO 80202
Email IntagreeCWqwestcom
Phone [phone]
Fax [phone]
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
With copy to:
Owest Law Department
Attention: Corporate Counsel, Interconnection
1801 California Street, 49th Floor
Denver, CO 80202
and to RES ELLER at the address shown below:
Regal Diversified, Inc (dba Regal Telephone Company)
Ken Brown
PO Box 1240
Missoula, MT 59806
Phone: [phone]
Fax: [phone]
If personal delivery is selected to give notice, a receipt acknowledging such delivery
must be obtained. Each Party shall inform the other of any change in the above contact
person and/or address using the method of notice called for in this Section 5.21.
Each Party shall inform the other of any change in the above contact person and/or
address.
Responsibility of Each Party
22.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 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, and (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.
No Third Party Beneficiaries
23.The provisions of this Agreement are for the benefit of the Parties and not
for any other Person. This Agreement will not provide any Person not a Party to this
Agreement with any remedy, claim , liability, reimbursement, claim of action , or other
right in excess of those existing by reference in this Agreement.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Reserved for Future Use.
Publicity
25.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. Nothing in this section shall limit a Party s ability to issue
public statements with respect to regulatory or judicial proceedings.
Executed in Counterparts
26.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.
Compliance
27.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, Owest and RESELLER agree to keep and maintain in full force
and effect all permits, licenses, certificates, and other authorities needed to perform their
respective obligations hereunder.28 Compliance with the Communications Assistance Law
Enforcement Act of 1994
28.Each Party represents and warrants that any equipment, facilities or
services provided to the other Party under this Agreement comply with GALEA. 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 GALEA.
Cooperation
29.The Parties agree that this Agreement involves the provision of Owest
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 pre-
ordering, ordering, maintenance, Provisioning and Billing and in reasonably resolving
issues which result from such implementation on a timely basis. Electronic processes
and procedures are addressed in Section 9 of this Agreement.
Amendments
30.The provisions of this Agreement, including the provisions of this
sentence, may not be amended, modified or supplemented, and waivers or consents to
departures from the provisions of this Agreement may not be given without the written
consent thereto of an authorized Owest representative. No waiver by any party of any
default, misrepresentation , or breach of warranty or covenant hereunder, whether
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
intentional or not , will be deemed to extend to any prior or subsequent default,
misrepresentation , or breach of warranty or covenant hereunder or affect in any way any
rights arising by virtue of any prior or subsequent such occurrence.
Entire Agreement
31.This Agreement (including the documents referred to herein) constitutes
the full and entire understanding and agreement between the parties with regard to the
subjects of this Agreement and supersedes any prior understandings, agreements, or
representations by or between the parties , written or oral, to the extent they relate in any
way to the subjects of this Agreement.
Pick and Choose
32.1 The Parties agree to comply with Section 252(i) of the Act and rules promulgated
thereunder when RESELLER opts into provisions of an interconnection agreement.
Section 6.0 - RESALE
Description
Owest shall offer for resale at wholesale rates any Telecommunications
Services that it provides at retail to subscribers who are not Telecommunications
Carriers, subject to the terms and conditions of this Section. All Owest retail
Telecommunications Services are available for resale from Owest pursuant to the Act
and will include terms and conditions (except prices) in Owest's applicable product
Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings.
the extent, however, that a conflict arises between the terms and conditions of the Tariff
catalog, price list, or other retail Telecommunications Services offering and this
Agreement, this Agreement shall be controlling.
While this Section 6.0 of this Agreement addresses the provision of certain
Owest services to RES ELLER for resale by RESELLER, the Parties also acknowledge
that RESELLER is required to provide its Telecommunications Services to Owest forresale by Owest. Upon request by Owest, RESELLER shall make its
Telecommunications Services available to Owest for resale pursuant to the applicable
provisions of the Telecommunications Act of 1996, the FCC's relevant orders and rules,
and the Commission s relevant orders and rules.
1 .Certain Owest services are not available for resale under this Agreement
as noted in Section 6.2. The applicable discounts for services available for resale are
identified in Exhibit A.
Terms and Conditions
Owest shall offer introductory training on procedures that RES ELLER must
use to access Owest's ass at no cost to RESELLER. If RES ELLER asks Owest
personnel to travel to RES ELLER's location to deliver training, RES ELLER will pay
Owest's reasonable travel related expenses. Owest may also offer to RES ELLER other
training at reasonable costs.
Owest Resale Template 1-
July 22, 2003fswd-lh fRegal Diversified , Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Services available for resale under this Agreement may be resold only to
the same class of End User to which Qwest sells such services where such restrictions
have been ordered or approved by the Commission. Such restrictions are listed below
in this Section 6.
Promotional offerings of ninety (90) days or less are available for
resale. Such promotions are available for resale under the same terms and
conditions that are available to Qwest retail End Users, with no wholesale
discount. Should Qwest re-offer any promotion for a sequential ninety (90) day
or less promotion period following the initial ninety (90) day or less promotion
period, then the initial and subsequent promotion(s) will be available to
RESELLER for resale with any applicable wholesale discount.
resale.
Market Trials of ninety (90) days or less are not available for
Residential services and Lifeline/Link-up services are available
only to the same class of End User eligible to purchase these services from
Qwest.2.4 Universal Emergency Number Service is not available for resale.
Universal Emergency Number Service (E911/911 service) is provided with each
Local Exchange Service line resold by RESELLER whenever E911/911 service
would be provided on the same line if provided by Qwest to a Qwest retail End
User.
5 Non-Telecommunications Services, such as inside wiring installation
calling cards and CPE , are not available for resale, except that Inside wiring
maintenance plans are available for resale at the Qwest retail rate with no
wholesale discount.
Voice messaging service is available for resale at the retail rate
with no discount. Enhanced services and Information Services other than voice
messaging are not available for resale.
Qwest will make retail Contract Service Arrangements (CSA)
available for resale at the wholesale discount rate specified in Exhibit A of this
Agreement. All terms and conditions (except prices) in Qwest's applicable
Tariffs, catalogs , price lists , or other retail Telecommunications Services offerings
will apply to resale of CSAs, including early termination liability. Nothing in this
Agreement shall affect any obligation of any Qwest retail End User that early
terminates a CSA, including payment of any early termination charges. Where
RESELLER seeks to continue serving a Customer presently served through a
resold Qwest CSA, but wishes to provide such service through alternate resale
arrangements, Qwest shall provide RESELLER the same waivers of early
termination liabilities as it makes to its own End Users in similar circumstances.
In any case where it is required to offer such a waiver, Qwest shall be entitled to
apply provisions that provide Qwest substantially the same assurances and
benefits that remained to it under the resold agreement as of the time it is
changed.
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Grandfathered services are available for resale by RESELLER to
existing End Users of the grandfathered product or service.
Centrex terms and conditions related to calculation of charges
for, and Provisioning of common blocks, station lines and optional features will be
based on the Centrex definition of a system and a RESELLER's serving location.
Where a common block is applicable, a Centrex system
is defined by a single common block or multiple common blocks for a
single RES ELLER within a single Central Office switching system.
common block defines the dialing plan for intercom calling, access to the
Public Switched Network and/or private facilities, station line and system
restrictions and feature access arrangements and functionality.
RESELLER may purchase multiple common blocks within a single
Central Office switching system when RES ELLER requires different
dialing plans , feature access arrangements and station line or system
restrictions within a single system operation. RES ELLER with multiple
common blocks within the same Central Office Switch may have Network
Access Register and Private Facility trunk groups aggregated across
multiple common blocks. Centrex system based optional features (Le.
Automatic Route Selection) may not be aggregated across multiple
common blocks. A Centrex system must provide station lines to at least
one location and may provide station lines to multiple locations.
Centrex station lines are provisioned and charges are
calculated based on serving RESELLER's location. A location is defined
as the site where Owest facilities (cable plant from the serving Central
Office Switch) meet RESELLER facilities (inside wire). In a multi-tenant
building, Owest may bring facilities directly to single Point of
Interconnection with RESELLER facilities, typically in basement
equipment room , which would be considered a single location for this
multi-tenant building. Should Owest bring service to multiple floors or
offices within a multi-tenant building each floor or office with a separate
RESELLER facilities termination point is considered a location. A
RES ELLER with multiple buildings within contiguous property (campus)
will be provisioned and billed as a single location. Contiguous property is
defined as property owned or leased by a single RESELLER and not
separated by public thoroughfare, river or railroad rights-of-way. Propertywill be considered contiguous when connected via connecting
passageways or conduit acceptable to Owest for its facilities. A
RESELLER with Centrex station lines from multiple Central Office
switching systems, within the same Owest Wire Center, and provisioned
to the same location will not be charged for service or provisioned as if
service was originating from a single Centrex system. For example
station lines may only be aggregated from a single Centrex RESELLER
system to a single RES ELLER serving location for rating purposes.
RESELLER may not specify a Central Office as a RES ELLER location for
the termination of Centrex station lines.10 Private line service used for Special Access is available for resale
but not at a discount.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Reserved for Future Use.12 Telecommunications Services provided directly to RESELLER for
its own use and not resold to End Users must be identified by RESELLER as
such , and RES ELLER will pay Qwest retail prices for such services.
Qwest shall provide to RES ELLER Telecommunications Services for
resale that are at least equal in quality and in substantially the same time and manner
that Qwest provides these services to itself, its subsidiaries, its Affiliates, other Resellers,
and Qwest's retail End Users. Qwest shall also provide resold services to RESELLER in
accordance with the Commission s retail service quality requirements, if any. Qwest
further agrees to reimburse RESELLER for credits or fines and penalties assessed
against RES ELLER as a result of Qwest's failure to provide service to RESELLER
subject to the understanding that any payments made pursuant to this provision will be
an offset and credit toward any other penalties voluntarily agreed to by Qwest as part of
a performance assurance plan , and further subject to the following provisions:
Qwest shall provide service credits to RESELLER for resold
services in accordance with the Commission s retail service requirements that
apply to Qwest retail services, if any. Such credits shall be limited in accordance
with the following:a) Qwest's service credits to RESELLER shall be subject to the
wholesale discount;b) Qwest shall only be liable to provide service credits in
accordance with the resold services provided to RES ELLER. Owest is
not required to provide service credits for service failures that are the fault
of the RESELLER;
Reserved For Future Use.
Reserved For Future Use.e) In no case shall Qwest's credits to RES ELLER exceed the
amount Qwest would pay a Qwest End User under the service quality
requirements, less any wholesale discount applicable to RESELLER'
resold services; andf) In no case shall Qwest be required to provide duplicate
reimbursement or payment to RES ELLER for any service quality failure
incident.
Fines and Penalties - Qwest shall be liable to pay to RESELLER
fines and penalties for resold services in accordance with the Commission s retail
service requirements that apply to Qwest retail services, if any. Such credits
shall be limited in accordance with the following:
a) Qwest's fines and penalties paid to RES ELLER shall be subject
to the wholesale discount;
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
b) Owest shall only be liable to provide fines and penalties in
accordance with the resold services provided to RESELLER. Owest is
not required to pay fines and penalties for service failures that are the
fault of the RESELLER;
Reserved for Future Use.d) In no case shall Owest's fines and penalties to RESELLER
exceed the amount Owest would pay the Commission under the service
quality plan , less any wholesale discount applicable to RESELLER'
resold services; ande) In no case shall Owest be required to provide duplicate
reimbursement or payment to RESELLER for any service quality failure
incident.2.4 In the event that there are existing agreements between RES ELLER and
Owest for resale under Owest retail Tariff discounts, RESELLER may elect to continue
to obtain services for resale under the existing agreements and retail Tariff discounts , or
RESELLER may elect to terminate such existing agreements and obtain such services
by adopting this Agreement pursuant to the General Terms of this Agreement. If
RES ELLER so adopts this Agreement, the associated wholesale discount specified in
Exhibit A of this Agreement will apply.
Reserved for Future Use.
The Parties may not reserve blocks of telephone numbers except as
allowed by Applicable Law or regulation.
Owest will accept at no charge one primary white pages Directory Listing
for each main telephone number belonging to RESELLER's End User based on End
User information provided to Owest by RESELLER. Owest will place RESELLER's End
Users' listings in Owest's Directory Assistance Database and will include such listings in
Owest's Directory Assistance Service. Additional terms and conditions with respect to
Directory Listings are described in the Ancillary Services Section and the Owest Dex
Section of this Agreement.
Owest shall provide to RES ELLER, for RESELLER's End Users, E911/911
call routing to the appropriate Public Safety Answering Point (PSAP). Owest shall not be
responsible for any failure of RES ELLER to provide accurate End User information for
listings in any databases in which Owest is required to retain and/or maintain such
information. Owest shall provide RESELLER's End User information to the Automatic
Location Identification/Database Management System (ALI/DMS). Owest shall use its
standard process to update and maintain RESELLER's End User service information in
the ALI/DMS used to support E911/911 services on the same schedule that it uses for its
retail End Users. Owest assumes no liability for the accuracy of information provided by
RESELLER.
If Owest provides and RES ELLER accepts Owest's Directory Assistance
Service or operator services for RES ELLER's resold Local Exchange Service lines, such
Directory Assistance and operator services may be provided with branding as provided
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified , Inc (dba Regal Telephone Company)fldahofCDS-O30722-001O
in this Agreement.10 RESELLER shall designate the Primary Interexchange Carrier (PIC)
assignments on behalf of its End Users for InterLATA and IntraLATA services.
RESELLER and Qwest shall follow all Applicable Laws, rules and regulations with
respect to PIC changes. Qwest shall disclaim any liability for RES ELLER's improper
InterLATA and IntraLATA PIC change requests, and RESELLER shall disclaim any
liability for Qwest's improper InterLATA (when applicable) and IntraLATA PIC change
requests.11 When End Users switch from Qwest to RESELLER, or to RESELLER from
any other Reseller and if they do not change their service address to an address served
by a different Central Office, such End Users shall be permitted to retain their current
telephone numbers if they so desire.12 In the event Qwest properly terminates the Provisioning of any resold
services to RESELLER for any reason RESELLER shall be responsible for providing any
and all necessary notice to its End Users of the termination. In no case shall Qwest be
responsible for providing such notice to RES ELLER's End Users. Qwest will provide
notice to RESELLER of Qwest's termination of a resold service on a timely basis
consistent with Commission rules and notice requirements.13 The underlying network provider of a resold service shall be entitled to
receive , from the purchaser of Switched Access, the appropriate access charges
pursuant to its then effective Switched Access Tariff.14 Resold services are available where facilities currently exist and are
capable of providing such services without construction of additional facilities or
enhancement of existing facilities. However, if RESELLER requests that facilities be
constructed or enhanced to provide resold services, Qwest will construct facilities to the
extent necessary to satisfy its obligations to provide basic Local Exchange Service as
set forth in Qwest's Exchange and Network Services Tariff and Commission rules.
Under such circumstances , Qwest will develop and provide to RESELLER a price quote
for the construction. Construction charges associated with resold services will
applied in the same manner that construction charges apply to Qwest retail End Users.
If the quote is accepted by RESELLER, RES ELLER will be billed the quoted price and
construction will commence after receipt of payment.
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Rates and Charges
Wholesale discounts for resold Telecommunications Services offerings are
provided in Exhibit A. The Telecommunications Services offerings available for resale
but excluded from the wholesale pricing arrangement in the Agreement are available at
the retail Tariff, price list, catalog, or other retail Telecommunications Services offering
rates. Telecommunications Services available for resale with or without a wholesale
discount are subject to Commission-approved change, and any such changes shall
apply from the effective date of such change on a going-forward basis only.
The Customer Transfer Charges (CTe) as specified in Exhibit A apply
when transferring services to RESELLER.
A Subscriber Line Charge (SLC), or any subsequent federally mandated
charge to End Users, will continue to be paid by RESELLER without discount for each
local exchange line resold under this Agreement. All federal and state rules and
regulations associated with SLC as found in the applicable Tariffs also apply.
RESELLER will pay to Qwest the Primary Interexchange Carrier (PIC)
change charge without discount for RES ELLER End User changes of Interexchange or
IntraLATA Carriers. Any change in RESELLER's End Users' Interexchange or
IntraLATA Carrier must be requested by RESELLER on behalf of its End User, and
Qwest will not accept changes to RES ELLER's End Users' Interexchange or IntraLATA
Carrier(s) from anyone other than RESELLER.
RESELLER agrees to pay Qwest when its End User activates any
services or features that are billed on a per use or per activation basis (e., continuous
redial, last call return, call back calling, call trace) subject to the applicable discount in
Exhibit A as such may be amended pursuant to this Section. With respect to all such
charges, Qwest shall provide RESELLER with sufficient information to enable
RESELLER to bill its End Users.
Miscellaneous Charges applicable to services ordered for resale by
RES ELLER will apply if such Miscellaneous Charges apply for equivalent services
ordered by Qwest retail End Users, except that RES ELLER will receive any applicable
wholesale discount. Such Miscellaneous Charges include charges listed in the
applicable Tariff.
If the Commission orders additional services to be available for resale,
Qwest will revise Exhibit A to incorporate the services added by such order into this
Agreement, effective on the date ordered by the Commission. If the Commission
indicates those additional services must be available for resale at wholesale discount
rates, those additional services will be added to this Agreement at the original
Agreement wholesale discount rate.
Qwest shall timely bill new or changed Commission-ordered resale rates
or charges using the effective date for such rates or charges as ordered by the
Commission. If Qwest bills RESELLER amounts different from new or changed rates or
charges after the effective date of such rates or charges, Qwest shall make appropriate
bill adjustments or provide appropriate bill credits on RESELLER's bill(s).
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
If rates for services resold by RESELLER under this Agreement change,
based on changes in Owest's Tariffs , catalogs price lists or other retail
Telecommunications Services offerings , charges billed to RES ELLER for such serviceswill be based upon the new Tariff, catalogs price lists or other retail
Telecommunications Services offerings rates less the applicable wholesale discount, if
any, as agreed to herein or as established by Commission order. The new rate will be
effective upon the effective date of the Tariff, catalog, price list, or other retail
Telecommunications Services offerings.10 Product-specific nonrecurring charges as set forth in Owest's applicable
Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will
apply when new or additional resold services are ordered and installed at RESELLER'
request for use by RESELLER's End Users. Such nonrecurring charges may be subject
to the wholesale discount , if any, that applies to the underlying service being added or
changed.
Ordering Process
6.4.1 RESELLER, or RESELLER's agent, shall act as the single point of contact
for its End Users' service needs, including without limitation, sales , service design, order
taking, Provisioning, change orders, training, maintenance, trouble reports, repair, post-
sale servicing, Billing, collection and inquiry RES ELLER's End Users contacting Owest
in error will be instructed to contact RESELLER; and Owest's End Users contacting
RESELLER in error will be instructed to contact Owest. In responding to calls, neither
Party shall make disparaging remarks about each other. To the extent the correct
provider can be determined , misdirected calls received by either Party will be referred to
the proper provider of Local Exchange Service; however, after Owest or RESELLER has
taken these steps, nothing in this Agreement shall be deemed to prohibit Owest or
RES ELLER from discussing its products and services with RESELLER's or Owest's End
Users who call the other Party seeking such information.
6.4.RESELLER shall transmit to Owest all information necessary for the
ordering (Billing, listing and other information), installation , repair, maintenance and post-
installation servicing according to Owest's standard procedures, as described in the
Owest Product Catalog PCA T available on Owest's public web site located at
http://www.Qwest.com/wholesale/pcat.Information shall be provided using Owest's
designated Local Service Request (LSR) format which may include the LSR, End User
and resale forms.
6.4.Owest will use the same performance standards and criteria for
installation, Provisioning, maintenance, and repair of services provided to RESELLER
for resale under this Agreement as Owest provides to itself, its Affiliates, its subsidiaries,
other Resellers, and Owest retail End Users. The installation Provisioning,
maintenance, and repair processes for RES ELLER'resale service requests are
detailed in the Support Functions Section of this Agreement, and are applicable whether
RES ELLER's resale service requests are submitted via Operational Support System or
by facsimile.
6.4.4 RESELLER is responsible for providing to Owest complete and accurate
End User listing information including initial and updated information for Directory
Assistance Service, white pages directories, and E911/911 Emergency Services. The
Owest Resale Template 1-
July 22 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-001O
Ancillary Services Section of this Agreement contains complete terms and conditions for
listings for Directory Assistance Service, white pages directories, and E911/911
Emergency Services.
6.4.If Owest's retail End User , or the End User s new local service provider
orders the discontinuance of the End User s existing Owest service in anticipation of End
User moving to a new local service provider, Owest will render its closing bill to the End
User, discontinuing Billing as of the date of the discontinuance of Owest's service to the
End User. If a RESELLER that currently provides resold service to an End User, or if
End User s new local service provider orders the discontinuance of existing resold
service from RESELLER, Owest will bill the existing RESELLER for service through the
date End User receives resold service from the existing RES ELLER. Owest will notify
RES ELLER by Operational Support System interface, facsimile , or by other agreed-upon
processes when an End User moves from one RESELLER to a different local service
provider. Owest will not provide RES ELLER with the name of the other local service
provider selected by the End User.
6.4.RESELLER shall provide Owest and Owest shall provide RESELLER with
points of contact for order entry, problem resolution and repair of the resold services.
These points of contact will be identified for both RESELLER and Owest in the event
special attention is required on a service request.
6.4.Prior to placing orders on behalf of the End User, RESELLER shall be
responsible for obtaining and having in its possession Proof of Authorization (POA), as
set forth in the Proof of Authorization Section of this Agreement.
6.4.Due date intervals for RES ELLER'resale service requests are
established when service requests are received by Owest through Operational Support
Systems or by facsimile. Intervals provided to RES ELLER shall be equivalent to
intervals provided by Owest to itself, its Affiliates, its subsidiaries, other Resellers, and to
Owest's retail End Users.
Billing
Owest shall bill RESELLER and RESELLER shall be responsible for all
applicable charges for the resold services as provided herein. RES ELLER shall also be
responsible for all Tariffed , cataloged, price listed, and other retail Telecommunications
Services offerings charges and charges separately identified in this Agreement
associated with services that RESELLER resells to an End User under this Agreement.
Owest shall provide RES ELLER, on a monthly basis, within seven (7) to
ten (10) calendar days of the last day of the most recent Billing period, in an agreed
upon standard electronic Billing format as detailed in the Section 9, Billing information
including (1) a summary bill , and (2) individual End User sub-account information
consistent with the samples available for RES ELLER review.
Maintenance and Repair
Owest will maintain its facilities and equipment used to provide
RES ELLER resold services. A RESELLER or its End Users may not rearrange, move,
disconnect or attempt to repair Owest's facilities or equipment , including facilities or
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified , Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
equipment that may terminate or be located at the RESELLER's End User s premises,
other than by connection or disconnection to any interface between Owest and the End
User s facilities , without the written consent of Owest.
Maintenance and repair procedures are detailed in Section 9.
RES ELLER and Owest will employ the procedures for handling
misdirected repair calls as specified in this Agreement.
SECTION 7.0 - WHITE PAGES DIRECTORY LISTINGS
Description
White Pages Listings Service (Listings) consists of Owest placing the names, addresses
and telephone numbers of RES ELLER's End Users in Owest's listing database, based
on End User information provided to Owest by RESELLER. Owest is authorized to use
RESELLER End User listings as noted below.
Terms and Conditions
RESELLER will provide in standard format, by mechanized or by
manual transmission to Owest, its primary, premium and privacy listings. Owest
will accept one primary listing for each main telephone number belonging to
RESELLER's End Users at no charge.
RESELLER will be charged for premium and privacy listings
(e., additional , foreign , cross reference) at Owest's General Exchange listing
Tariff rates, less the wholesale discount, as described in Exhibit A. Primary
listings and other types of listings are defined in the Owest General Exchange
Tariffs.
Information on submitting and updating listings is available in
Owest Facility Based and Co-Provider Listings User Documents." Owest will
furnish RES ELLER the listings format specifications. Directory publishing
schedules and deadlines will be provided to RESELLER.2.4 If RESELLER provides its End User listings to Owest,
RESELLER grants Owest access to RESELLER's End User listings informationfor use in its Directory Assistance Service, in its Directory Assistance List
Information, and for other lawful purposes, except that RESELLER'listings
supplied to Owest by RESELLER and marked as non published or nonlisted
listings shall not be used for marketing purposes, subject to the terms and
conditions of this Agreement. Owest will incorporate RESELLER End Userlistings in the Directory Assistance Database. Owest will incorporate
RES ELLER's End User listings information in all existing and future Directory
Assistance applications developed by Owest. Should Owest cease to be a
Telecommunications Carrier, by virtue of a divestiture, merger or other
transaction , this access grant automatically terminates.
RES ELLER End User listings will be treated the same as Owest'
End User listings. Prior written authorization from RES ELLER, which
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (db a Regal Telephone Company)fldahofCDS-O30722-0010
authorization may be withheld, shall be required for Owest to sell , make
available , or release RESELLER's End User listings to directory publishers , orother third parties other than Directory Assistance providers. No prior
authorization from RES ELLER shall be required for Owest to sell, make
available, or release RES ELLER's End User directory assistance listings to
Directory Assistance providers. Listings shall not be provided or sold in such a
manner as to segregate End Users by Carrier. Owest will not charge
RESELLER for updating and maintaining Owest's listings databases.
RESELLER will not receive compensation from Owest for any sale of listings by
Owest as provided for under this Agreement.
To the extent that state Tariffs limit Owest's liability with regard to
listings, the applicable state Tariff(s) is incorporated herein and supersedes the
Limitation of Liability section of this Agreement with respect to listings only.
Owest is responsible for maintaining listings, including entering,
changing, correcting, rearranging and removing listings in accordance with
RESELLER orders.
Owest provides non-discriminatory appearance and integration of
white pages listings for all RESELLER's and Owest's End Users. All requests for
white pages directory listings, whether RESELLER or Owest End Users, follow
the same processes for entry into the listings database.
Owest will take reasonable steps in accordance with industry
practices to accommodate non published and nonlisted listings provided that
RES ELLER has supplied Owest the necessary privacy indicators on such
listings.10 RESELLER white pages listings will be in the same font and size
as listings for Owest End Users, and will not be separately classified.11 Owest processes for publication of white pages directory listings
will make no distinction between RES ELLER and Owest subscribers.
RES ELLER listings will be provided with the same accuracy and reliability as
Owest's End User listings. Owest will ensure RES ELLER listings provided to
Owest are included in the white pages directory published on Owest's behalf
using the same methods and procedures , and under the same terms and
conditions, as Owest uses for its own End User listings.12 Owest shall ensure its third party publisher distributes appropriate
alphabetical and classified directories (white and yellow pages) and recycling
services to RES ELLER End Users at Parity with Owest End Users, including
providing directories a) upon establishment of new service; b) during annual
mass distribution; and c) upon End User request.13 RESELLER shall use commercially reasonable efforts to ensure
that listings provided to Owest are accurate and complete. All third party listings
information is provided AS IS WITH ALL FAULTS. RESELLER further
represents that it shall review all listings information provided to Owest, including
End User requested restrictions on use, such as nonpublished and nonlisted
Qwest Resale Template 1-
July 22, 2003fswd-lh fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
restrictions.
Reserved for Future Use.15 RESELLER shall be solely responsible for knowing and adhering
to state laws or rulings regarding listings and for supplying Qwest with the
applicable listing information.16 RES ELLER agrees to provide to Qwest its End User names,
addresses and telephone numbers in a standard mechanized format, as
specified by Qwest.17 RESELLER will supply its ACNA/CIC or CLCC/OCN, as
appropriate, with each order to provide Qwest the means of identifying listings
ownership.18 Prior to placing listings orders on behalf of End Users
RESELLER shall be responsible for obtaining, and have in its possession, Proof
of Authorization (POA), as set forth in Section 5.3 of this Agreement.19 Qwest will provide monthly listing verification proofs that provide
the data to be displayed in the published white pages directory and available on
Directory Assistance. Verification proofs containing nonpublished and nonlisted
listings are also available upon request on the same monthly schedule.20 Owest will provide RES ELLER a reasonable opportunity to verify
the accuracy of the listings to be included in the white pages directory and
Directory Assistance.21 RESELLER may review and if necessary edit the white page
listings prior to the close date for publication in the directory.22 RESELLER is responsible for all dealings with , and on behalf of
RESELLER's End Users, including:
22.
complaints);
All End User account activity (e., End User queries and
22.All account maintenance activity (e., additions
changes , issuance of orders for listings to Owest);
22.Determining privacy requirements and accurately coding
the privacy indicators for RESELLER's End User information (if End User
information provided by RESELLER to Qwest does not contain a privacy
indicator, no privacy restrictions will apply); and
22.4
Users.
Any additional services requested by RESELLER's End
23 Pursuant to Sec. 222 (a), (b), (c), (d), and (e) of the
Telecommunications Act, Qwest will provide subscriber lists information gathered
Owest Resale Template 1-03
July 22, 2003fswd-lh fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
in Owest's capacity as a provider of local Exchange Service on a timely and
unbundled basis, under non-discriminatory and reasonable rates, terms and
conditions to RES ELLER upon request for the purpose of publishing directoriesin any format. Rates may be subject to federal or state law or rules, as
appropriate. Upon request by RESELLER , Owest shall enter into negotiations
with RESELLER for RESELLER's use of subscriber list information for purposes
other than publishing directories, and Owest and RESELLER will enter into a
written contract if agreement is reached for such use.
23.Owest shall use commercially reasonable efforts to
ensure that its retail End User listings provided to RES ELLER are
accurate and complete. Any third party listings are provided AS IS, WITH
ALL FAULTS. Owest further represents that it shall review all its retail
End User listings information provided to RES ELLER including End User
requested restrictions on use, such as nonpublished and nonlisted
restrictions.24 Owest represents and warrants that any arrangement for the
publication of white pages directory listings with an Affiliate (including, without
limitation, Owest Dex, Inc.) (an Affiliate) or contractor, requires such Affiliate or
contractor to publish the directory listings of RES ELLER contained in Owest'
listings database so that RESELLER's directory listings are non-discriminatory in
appearance and integration, and have the same accuracy and reliability that such
Affiliate provides to Owest's End Users.25 Owest further agrees that any arrangements for the publication of
white pages directory listings with an Affiliate or contractor shall require such
Affiliate or contractor to include in the Customer guide pages of the white pages
directory, a notice that End Users should contact their local service provider to
request any modifications to their existing listing or to request a new listing.26 Owest agrees that any arrangement with an Affiliate or contractor
for the publication of white pages directory listings shall require such Affiliate or
contractor to provide RES ELLER space in the Customer guide pages of the
white pages directory for the purpose of notifying Customers how to reach
RESELLER to: (1) request service; (2) contact repair service; (3) dial Directory
Assistance; (4) reach an account representative; (5) request buried cable local
service; and (6) contact the special needs center for Customers with disabilities.
Rate Elements
The following rate elements apply to White Pages Listings and are contained in Exhibit A
of this Agreement.
Primary Listings; and
Premium/Privacy Listings.
Ordering Process
7.4.Owest provides training on white page listings requests and
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
submission processes. The ordering process is similar to the service ordering
process.
7.4.RES ELLER listings can be submitted for inclusion in Qwest white
pages directories according to the directions in the Qwest Listings User
Documents for Facility-Based and Reseller RES ELLERs, which is available on-
line through the PCAT, (http//www.qwestcom//whoiesale/) or will be provided in
hard copy to RESELLER upon request Initial information and directions are
available in PCAT.
7.4.RES ELLER can submit the OBF forms incorporated in the Local
Service Request via the IMA-EDI , IMA-GUI , or fax.
SECTION 0 - NETWORK SECURITY
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.
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. RES ELLER is responsible for covering its
employees on such security requirements and penalties.
The Qwest telecommunications network is 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.8.4 Each Party is responsible for the physical security of its employees, agentsor 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.
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.
Each Party shall comply at all times with Qwest security and safety
procedures and requirements while performing work activities on Qwest's Premises.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (db a Regal Telephone Company)fldahofCDS-O30722-0010
RESELLER will train its employees, agents and vendors on Qwest security
policies and guidelines.
No flammable or explosive fluids or materials are to be kept or used
anywhere within the Qwest buildings or on the grounds.
No flammable or explosive fluids or materials are to be kept or used
anywhere within the Qwest buildings or on the grounds.10 No weapons of any type are allowed on Qwest Premises. Vehicles on
Owest property are subject to this restriction as well.11 Revenue Protection. Qwest shall make available to RESELLER 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.
11.Uncollectable or unbillable revenues resulting from, but not
confined to, 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.
11.Uncollectible or unbillable revenues resulting from the accidentalor malicious alteration of software underlying Network Elements or their
subtending Operational Support Systems by unauthorized third parties that could
have reasonably been avoided shall be the responsibility of the Party having
administrative control of access to said Network Element or operational support
system software.
11.Qwest shall be responsible for any direct uncollectible or
unbillable revenues resulting from the unauthorized physical attachment to Loop
facilities from the Main Distribution Frame up to and including the Network
Interface Device, including clip-on fraud, if Qwest could have reasonably
prevented such fraud.11.4 To the extent that incremental costs are directly attributable to a
revenue protection capability requested by RESELLER, those costs will be borne
by RESELLER.
11.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.
11.If Qwest becomes aware of potential fraud with respect to
RESELLER's accounts , Owest will promptly inform RES ELLER and, at the
direction of RES ELLER, take reasonable action to mitigate the fraud where such
action is possible.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
12 Law Enforcement Interface. Owest provides emergency assistance to 911
centers and law enforcement agencies seven (7) days a week/twenty-four (24) hours aday. 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.13 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 RESELLER, for any lines served from
Owest Wire Centers or cross boxes.14 In all cases involving telephone lines served from Owest Wire Centers or
cross boxes , whether the line is a resold line or part of an Unbundled Local Switching or
Unbundled Loop element, Owest will perform trap/trace Title III and pen register
assistance directly with law enforcement. RESELLER will not be involved or notified of
such actions, due to non-disclosure court order considerations, as well as timely
response duties when law enforcement agencies are involved. Exceptions to the above
will be those cases, as yet undetermined , where RESELLER must participate due to
technical reasons wherein its circuitry must be accessed or modified to comply with law
enforcement, or for legal reasons that may evolve over time. RES ELLER will provide
Owest with a twenty-four (24) hour a day, seven (7) days a week contact for processing
such requests, should they occur.
Section 9.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)
Description
Owest has developed and shall continue to provide Operational Support
System (aSS) interfaces using electronic gateways and manual processes. These
gateways act as a mediation or control point between RES ELLER's and Owest's ass.
These gateways provide security for the interfaces , protecting the integrity of the Owest
ass and databases. Owest's ass interfaces have been developed to support Pre-
ordering, Ordering and Provisioning, Maintenance and Repair, and Billing. This section
describes the interfaces and manual processes that Owest has developed and shall
provide to RES ELLER. Additional technical information and details shall be provided by
Owest in training sessions and documentation and support, such as the "Interconnect
Mediated Access User s Guide." Owest will continue to make improvements to the
electronic interfaces as technology evolves, Owest's legacy systems improve, or
RESELLER needs require. Owest shall provide notification to RES ELLER consistent
with the provisions of the Change Management Process (CMP) set forth in Section
Through its electronic gateways and manual processes, Owest shall
provide RES ELLER non-discriminatory access to Owest's ass for Pre-ordering,
Ordering and Provisioning, Maintenance and Repair, and Billing functions. For those
functions with a retail analogue, such as pre-ordering and ordering and Provisioning of
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
resold services , Qwest shall provide RESELLER access to its ass in substantially the
same time and manner as it provides to itself. For those functions with no retail
analogue, such as pre-ordering and ordering and Provisioning of Unbundled Elements
Qwest shall provide RESELLER access to Owest's OSS sufficient to allow an efficient
competitor a meaningful opportunity to compete. Owest will comply with the standards
for access to ass set forth in Section 9. Owest shall deploy the necessary systems and
personnel to provide sufficient access to each of the necessary OSS functions. Qwest
shall provide assistance for RES ELLER to understand how to implement and use all of
the available OSS functions. Owest shall provide RES ELLER sufficient electronic and
manual interfaces to allow RESELLER equivalent access to all of the necessary ass
functions. Through its website, training, disclosure documentation and development
assistance, Owest shall disclose to RES ELLER any internal business rules and other
formatting information necessary to ensure that RES ELLER's requests and orders are
processed efficiently. Owest shall provide training to enable RES ELLER to devise its
own course work for its own employees. Through its documentation available to
RES ELLER, Qwest will identify how its interface differs from national guidelines or
standards. Owest shall provide OSS designed to accommodate both current demand
and reasonably foreseeable demand.
OSS Support for Pre-Ordering, Ordering and Provisioning
Local Service Request (LSR) Ordering Process
Owest shall provide electronic interface gateways for submission
of LSRs, including both an Electronic Data Interchange (EDI) interface and a Graphical
User Interface (GUI).
The interface guidelines for EDI are based upon the Order &
Billing Forum (OBF) Local Service Order Guidelines (LSOG), the Telecommunication
Industry Forum (TCIF) Customer Service Guidelines; and the American National
Standards Institute/Accredited Standards Committee (ANSI ASC) X12 protocols.
Exceptions to the above guidelines/standards shall be specified in the EDI disclosure
documents.
The GUI shall provide a single interface for Pre-Order and Order
transactions from RES ELLER to Owest and is browser based. The GUI interface shall
be based on the LSOG and utilizes a WEB standard technology, Hyper Text Markup
Language (HTML), JAVA and the Transmission Control Protocol/Internet Protocol
(TCP/IP) to transmit messages.1.4 Functions Pre Ordering Owest will provide real time, electronic
access to pre-order functions to support RESELLER's ordering via the electronic
interfaces described herein. Owest will make the following real time pre-order
functions available to RESELLER:
1.4.1 Features, services and Primary Interexchange Carrier
(PIC) options for IntraLATA toll and InterLATA toll available at a valid
service address;
1.4.Access to Customer service records (CSRs) for Owest
retail or resale End User Customers. The information will include Billing
Owest Resale Template 1-
July 22, 2003fswd-lh fRega! Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
name , service address , Billing address, service and feature subscription
directory listing information , and long distance Carrier identity;
1.4.Telephone number request and selection;
1.4.4 Reservation of appointments for service installations
requiring the dispatch of a Owest technician on a non-discriminatory
basis;
1.4.Information regarding whether dispatch is required for
service installation and available installation appointments;
1.4.Service address verification;
1.4.Facility availability, Loop qualification, including resale-
DSL, and Loop make-up information, including, but not limited to, Loop
length, presence of Bridged Taps, repeaters , and loading coils. This
Section shall apply only to RESELLER orders for Unbundled Loops or
Loop combinations.
1.4.A list of valid available CFAs for Unbundled Loops.
1.4.A list of one to five (1-5) individual Meet Points or arange of Meet Points for shared Loops.
1.4.10 Design Layout Record (DLR) auery which provides the
layout for the local portion of a circuit at a particular location where
applicable.
Dial-Up Capabilities
Reserved for Future Use.
Reserved for Future Use.
12.When RESELLER requests from awest more than fifty
(50) SecurlDs for use by RESELLER Customer service representatives at
a single RESELLER location , RESELLER shall use a T1 line instead of
dial-up access at that location. If RESELLER is obtaining the line from
awest, then RESELLER shall be able to use SecurlDs until such time as
awest provisions the T1 line and the line permits pre-order and order
information to be exchanged between awest and RESELLER.
Access Service Request (ASR) Ordering Process
awest shall provide a computer-to-computer batch file
interface for submission of ASRs based upon the OBF Access Service
Order Guidelines (ASOG). Owest shall supply exceptions to these
guidelines in writing in sufficient time for RESELLER to adjust system
requirements.
awest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified , Inc (dba Regal Telephone Company)fldahofCDS-O30722-001O
Facility Based EDI Listing Process Qwest shall provide a Facility
Based EDI Listing interface to enable RESELLER listing data to be translated
and passed into the Owest listing database. This interface is based upon OBF
LSOG and ANSI ASC X12 standards. Qwest shall supply exceptions to these
guidelines/standards in writing in sufficient time for RESELLER to adjust system
requirements.
Owest will establish interface contingency plans and disaster
recovery plans for the interfaces described in this Section. Qwest will work
cooperatively with RESELLERs through the CMP process to consider any
suggestions made by RESELLERs to improve or modify such plans. RESELLER
specific requests for modifications to such plans will be negotiated and mutually
agreed upon between Owest and RES ELLER.
Ordering and Provisioning - Qwest will provide access to ordering
and status functions. RESELLER will populate the service request to identify
what features, services, or elements it wishes Qwest to provision in accordance
with Qwest's published business rules.
Qwest shall provide all Provisioning services to
RES ELLER during the same business hours that Qwest provisions
services for its End User Customers. Qwest will provide out-of-hours
Provisioning services to RESELLER on a non-discriminatory basis as it
provides such Provisioning services to itself, its End User Customers, its
Affiliates or any other Party. Qwest shall disclose the business rules
regarding out-of-hours Provisioning on its wholesale website.
When RES ELLER places an electronic order, Qwest will
provide RES ELLER with an electronic firm order confirmation notice
(FOC). The FOC will follow industry-standard formats and contain the
Owest Due Date for order completion. Upon completion of the order
Qwest will provide RESELLER with an electronic completion notice which
follows industry-standard formats and which states when the order was
completed. Qwest supplies two (2) separate completion notices: 1)
service order completion (SaC) which notifies the RESELLER that the
service order record has been completed, and 2) Billing completion that
notifies the RESELLER that the service order has posted to the Billing
system.
When RES ELLER places a manual order, Qwest will
provide RESELLER with a manual firm order confirmation notice. The
confirmation notice will follow industry-standard formats. Upon
completion of the order, Qwest will provide RESELLER with a completion
notice which follows industry-standard formats and which states when the
order was completed. Qwest supplies two (2) separate completion
notices: 1) service order completion (SaC) which notifies the RESELLER
that the service order record has been completed, and 2) Billing
completion that notifies the RES ELLER that the service order has posted
to the Billing system.
9.4 When RES ELLER places an electronic order, Qwest
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
shall provide notification electronically of any instances when (1) Owest'
Committed Due Dates are in jeopardy of not being met by Owest on any
service or (2) an order is rejected. The standards for returning such
notices are set forth in Section 9.
When RESELLER places a manual order, Owest shall
provide notification of any instances when (1) Owest's Committed Due
Dates are in jeopardy of not being met by Owest on any service or (2) an
order is rejected. The standards for returning such notices are set forth in
Section 9.
Business rules regarding rejection of LSRs or ASRs are
subject to the provisions of Section 9.
Ordering and Provisioning - Owest will provide access to
ordering and status functions. RESELLER will populate the service
request to identify what features, services, or elements it wishes Owest to
provision in accordance with Owest's published business rules. Where
Owest provides installation on behalf of RESELLER, Owest shall advise
the RES ELLER End User Customer to notify RESELLER immediately if
the RES ELLER End User Customer requests a service change at the
time of installation.
Maintenance and Repair
Owest shall provide electronic interface gateways , including an
Electronic Bonding interface and a GUI interface, for reviewing a Customer s trouble
history at a specific location, conducting testing of a Customer service where
applicable, and reporting trouble to facilitate the exchange of updated information and
progress reports between Owest and RES ELLER while the Trouble Report (TR) is
open and a Owest technician is working on the resolution. RES ELLER may also report
trouble through manual processes. For designed services, the TR will not be closed
prior to verification by RESELLER that trouble is cleared.
Interface Availability
Owest shall make its OSS interfaces available to RESELLERs
during the hours listed in the Gateway Availability PIDs.
Owest shall notify RESELLERs in a timely manner regarding
system downtime through mass email distribution and pop-up windows as applicable.
Billing
2.4.For products billed out of the Owest Interexchange Access Billing
System (lABS), Owest will utilize the existing CABS/BOS format and technology for
the transmission of bills.
2.4.For products billed out of the Owest Customer Record
Information System (CRIS), Owest will utilize the existing EDI standard for the
transmission of monthly local Billing information. EDI is an established standard under
Owest Resale Template 1-
July 22 2003fswd- Ih fRegal Diversified , Inc (dba Regal Telephone Company)fldahofCDS-O30722-001O
the auspices of the ANSI/ASC X12 Committee. A proper subset of this specification
has been adopted by the Telecommunications Industry Forum (TCIF) as the "811
Guidelines" specifically for the purposes of Telecommunications Billing. Any deviance
from these standards and guidelines shall be documented and accessible to
RESELLER.
Outputs
Output information will be provided to RESELLER in the form of bills, files, and reports.
Bills will capture all regular monthly and incremental/usage charges and present them
in a summarized format. The files and reports delivered to RESELLER come in the
following categories
Usage Record File Line Usage Information
Loss and Completion Order Information
Category 11 Facility Based Line Usage Information
SAG/FAM Street Address/Facility Availability Information
Bills
CRIS Summary Bill - The CRIS Summary Bill represents
a monthly summary of charges for most wholesale products sold by
awest. This bill includes a total of all charges by entity plus a summary of
current charges and adjustments on each sub-account. Individual sub-
accounts are provided as Billing detail and contain monthly, one-time
charges and incremental/call detail information. The Summary Bill
provides one bill and one payment document for RES ELLER. These bills
are segmented by state and bill cycle. The number of bills received by
RES ELLER is dictated by the product ordered and the awest region in
which RES ELLER is operating.
lABS Bill - The lABS Bill represents a monthly summary
of charges. This 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.
Files and Reports
Daily Usage Record File provides the accumulated set of
call information for a given day as captured or recorded by the network
Switches. This file will be transmitted Monday through Friday, excluding
Owest holidays. This information is a file of unrated Owest originated
usage messages and rated RES ELLER originated usage messages. It is
provided in Alliance for Telecommunication Industry Solution (ATIS)
standard (Electronic Message Interface) EMI format. This EMI format is
outlined in the document SR-320; which can be obtained directly from
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
ATIS. The Daily Usage Record File contains multi-state data for the Data
Processing Center generating this information. Individual state
identification information is contained with the message detail. Qwest will
provide this data to RESELLER with the same level of precision and
accuracy it provides itself. This file will be provided for Resale.
The charge for this Daily Usage Record File is contained
in Exhibit A of this Agreement.
Routing of in-region IntraLATA Collect, Calling Card , and
Third Number Billed Messages - Qwest will distribute in-region intraLATA
collect, calling card, and third number billed messages to RES ELLER and
exchange with other RESELLERs operating in region in a manner
consistent with existing inter-company processing agreements.
Whenever the daily usage information is transmitted to a Carrier, it will
contain these records for these types of calls as well.2.4 Loss Report provides RES ELLER with a daily report that
contains a list of accounts that have had lines and/or services
disconnected. This may indicate that the end user has changed
RESELLER s or removed services from an existing account. This report
also details the order number, service name and address, and date this
change was made. Individual reports will be provided for Resale.
Completion Report provides RES ELLER with a daily
report. This report is used to advise RESELLER that the order(s) for the
service(s) requested is complete. It details the order number, service
name and address and date this change was completed. Individual
reports will be provided for Resale.
Category 11 Records are Exchange Message Records
(EMR) which provide mechanized record formats that can be used to
exchange access usage information between Qwest and RESELLER.
Category 1101 series records are used to exchange detailed access
usage information.
Reserved for Future Use.
SAG/FAM Files. The SAG (Street Address Guide)/ FAM
(Features Availability Matrix) files contain the following information:a) SAG provides Address and Serving Central Office
Information.b) FAM provides USOCs and descriptions by state (POTS
services only), and USOC availability by NPA-NXX with the
exception of Centrex. InterLATNlntraLATA Carriers by NPA-
NXX.
These files are made available via a download process. They can
be retrieved by ftp (file transfer protocol), NDM connectivity, or a
Qwest Resale Template
July 22, 2003fswd- Ih fRega I Diversified, Inc (dba Regal Telephone Company)fl dahofCDS-O30722-00 1 0
Web browser.
Change Management
Owest agrees to maintain a change management process, known as the Change
Management Process (CMP), that is consistent with or exceeds industry guidelines
standards and practices to address Owest's ass , products and processes. The CMP
shall include, but not be limited to, the following: (i) provide a forum for RES ELLER and
Owest to discuss RESELLER and Owest change requests (CR), CMP notifications
systems release life cycles, and communications; (ii) provide a forum for RESELLERs
and Owest to discuss and prioritize CAs , where applicable pursuant to Exhibit G; (Hi)
develop a mechanism to track and monitor CAs and CMP notifications; (iv) establish
intervals where appropriate in the process; (v) processes by which RESELLER impacts
that result from changes to Owest's OSS, products or processes can be promptly and
effectively resolved; (vi) process that are effective in maintaining the shortest timeline
practicable for the receipt, development and implementation of all CAs; (vii) sufficient
dedicated Owest processes to address and resolve in a timely manner CAs and other
issues hat come before the CMP body; (viii) processes for ass Interface testing; (ix)
information that is clearly organized and readily accessible to RESELLERs, including the
availability of web-based tools; (x) documentation provided by Owest that is effective in
enabling RESELLERs to build an electronic gateway; and (xi) a process for changing
CMP that calls for collaboration among RESELLERs and Owest and requires agreement
by the CMP participants. Pursuant to the scope and procedures set forth in Exhibit G,
Owest will submit to RESELLERs through the CMP , among other things, modifications
to existing products and product and technical documentation available to RESELLERs
introduction of new products available to RESELLERs, discontinuance of products
available to RESELLERs modifications to pre-ordering, ordering/Provisioning,
maintenance/repair or Billing processes introduction of pre-ordering,
ordering/Provisioning, Maintenance/Repair or Billing processes, discontinuance of pre-
ordering, ordering/Provisioning, maintenance/repair or Billing process, modifications to
existing ass interfaces, introduction of new ass interfaces, and retirement of existingass interfaces. Owest will maintain as part of CMP an escalation process so that CMP
issues can be escalated to a Owest representative authorized to make a final decision
and a process for the timely resolution of disputes. The governing document for CMP
known as the Change Management Process, is attached as Exhibit G (the "CMP
Document"). As of the date of filing, the CMP Document (Exhibit G) is the subject of
ongoing negotiations between Owest and RESELLERs in the ongoing CMP redesign
process. Not all of the sections of Exhibit G have been discussed or considered during
the ongoing CMP redesign process, and the CMP Document will be continued to be
changed through those discussions. Exhibit G reflects the commitments Owest has
made regarding maintaining its CMP as of the date of filing, and Owest commits to
implement agreements made in the CMP redesign process as soon as practicable after
they are made. Following the completion of the CMP Document, Exhibit G will be
subject to change through the CMP process, as set forth in the CMP Document. Owest
will maintain the most current version of the CMP Document on its wholesale website.
In the course of establishing operational ready system interfaces
between Owest and RESELLER to support local service delivery, RES ELLER
and Owest may need to define and implement system interface specifications
that are supplemental to existing standards. RESELLER and Owest will submit
such specifications to the appropriate standards committee and will work towards
Owest Resale Template 1-
July 22, 2003fswd- Ih fRega I Diversified, Inc (db a Regal Telephone Company)fldahofCDS-O30722-0010
their acceptance as standards.
Release updates will be implemented pursuant to the CMP set
forth in Exhibit G.
RESELLER Responsibilities for Implementation of OSS Interfaces
Before any RES ELLER implementation can begin,
RES ELLER must completely and accurately answer the RESELLER
Questionnaire.
Once Qwest receives a complete and accurate New Customer
Questionnaire, Qwest and RES ELLER will mutually agree upon time frames for
implementation.
Qwest Responsibilities for On-going Support for OSS Interfaces
Qwest will support previous EDI releases for six (6) months after the next
subsequent EDI release has been deployed. Qwest will use all reasonable efforts to
provide sufficient support to ensure that issues that arise in migrating to the new release
are handled in a timely manner.
Qwest will provide written notice to RESELLER of the need to
migrate to a new release.
Qwest will provide an EDI Implementation Coordinator to work
with RES ELLER for business scenario re-certification , migration and data
conversion strategy definition.
Re-certification is the process by which RESELLERs
demonstrate the ability to generate correct functional transactions for
enhancements not previously certified. Qwest will provide the suite of tests for
re-certification to RESELLER with the issuance of the disclosure document.8.4 Qwest shall provide training mechanisms for RES ELLER topursue in educating its internal personnel. Qwest shall provide training
necessary for RESELLER to use Qwest's OSS interfaces and to understand
Qwest's documentation , including Qwest's business rules.
RESELLER Responsibilities for On-going Support for ass Interfaces
If using the GUI interface, RESELLER will take reasonable efforts
to train RES ELLER personnel on the GUI functions that RESELLER will be
using.
An exchange protocol will be used to transport EDI formatted
content. RESELLER must perform certification testing of exchange protocol prior
to using the EDI interface.
Qwest will provide RESELLER with access to a stable testing
environment that mirrors production to certify that its OSS will be capable of
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
interacting smoothly and efficiently with Qwest's ass. Qwest has established
the following test processes to assure the implementation of a solid interface
between Qwest and RES ELLER :
Connectivity Testing - RES ELLER and Qwest will
conduct connectivity testing. This test will establish the ability of the
trading partners to send and receive EDI messages effectively. This test
verifies the communications between the trading partners. Connectivity is
established during each phase of the implementation cycle. This test
also conducted prior to Controlled Production and before going live in the
production environment if RES ELLER or Qwest has implemented
environment changes when moving into production.
2 Stand-Alone Testing Environment ("SATE") - Qwest'
stand-alone testing environment will take pre-order and order requests,
pass them to the stand-alone database, and return responses to
RES ELLER during its development and implementation of ED!. The
SATE provides RESELLER the opportunity to validate its technical
development efforts built via Qwest documentation without the need to
schedule test times. This testing verifies RES ELLER's ability to send
correctly formatted EDI transactions through the EDI system edits
successfully for both new and existing releases. SATE uses test account
data supplied by Qwest. Qwest will make additions to the test beds and
test accounts as it introduces new ass electronic interface capabilities,
including support of new products and services, new interface features
and functionalities. All SATE pre-order queries and orders are subjected
to the same edits as production pre-order and order transactions. This
testing phase is optional.
Interoperability Testing - RESELLER has the option of
participating with Qwest in Interoperability testing to provide RESELLER
with the opportunity to validate technical development efforts and to
quantify processing results. Interoperability testing verifies RESELLER'
ability to send correct EDI transactions through the EDI system edits
successfully. Interoperability testing requires the use of account
information valid in Qwest production systems. All Interoperability pre-
order queries and order transactions are subjected to the same edits as
production orders. This testing phase is optional when RESELLER has
conducted Stand-Alone Testing successfully. Qwest shall process pre-
order transactions in Qwest's production ass and order transactions
through the business processing layer of the EDI interfaces
If RESELLER is using EDI , Qwest shall provide
RES ELLER with a pre-allotted amount of time to complete certification of
its business scenarios. Qwest will allow RES ELLER a reasonably
sufficient amount of time during the day and a reasonably sufficient
number of days during the week to complete certification of its business
scenarios consistent with the RES ELLER's business plan. It is the sole
responsibility of RESELLER to schedule an appointment with Qwest for
certification of its business scenarios. RESELLER must make every
effort to comply with the agreed upon dates and times scheduled for the
Owest Resale Template 1-
July 22, 2003fswd- Ih fRega I Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
certification of its business scenarios. If the certification of business
scenarios is delayed due to RESELLER, it is the sole responsibility of
RES ELLER to schedule new appointments for certification of its business
scenarios. Qwest will make reasonable efforts to accommodate
RES ELLER schedule. Conflicts in the schedule could result in
certification being delayed. If a delay is due to Qwest, Qwest will honor
RES ELLER's schedule through the use of alternative hours.9.4 If RES ELLER is using the EDI interface, RESELLER must work
with Qwest to certify the business scenarios that RESELLER will be using in
order to ensure successful transaction processing. Qwest and RESELLER shall
mutually agree to the business scenarios for which RESELLER requires
certification. Certification will be granted for the specified release of the EDI
interface. If a RES ELLER is certifying multiple products or services, RES ELLER
has the option of certifying those products or services serially or in parallel whereTechnically Feasible.
For a new software release or upgrade, Qwest will
provide RESELLER a stable testing environment that mirrors the
production environment in order for RESELLER to test the new release.
For software releases and upgrades, Qwest has implemented the testing
processes set forth in Section 9., 9.3 and 9.3.4.
New releases of the EDI interface may require re-certification ofsome or all business scenarios. A determination as to the need for re-
certification will be made by the Qwest coordinator in conjunction with the release
manager of each EDI release. Notice of the need for re-certification will be
provided to RESELLER as the new release is implemented. The suite of re-
certification test scenarios will be provided to RESELLER with the disclosuredocument. If a RES ELLER is certifying multiple products or services
RES ELLER has the option of certifying those products or services serially or in
parallel, where Technically Feasible.
RES ELLER will contact the Qwest EDI Implementation
Coordinator to initiate the migration process. RES ELLER may not need to certify
to every new EDI release, however, RES ELLER must complete the re-
certification and migration to a new EDI release within six (6) months of the
deployment of the new release. RESELLER will use reasonable efforts to
provide sufficient support and personnel to ensure that issues that arise in
migrating to the new release are handled in a timely manner.
The following rules apply to initial development and
certification of EDI interface versions and migration to subsequent EDI
interface versions:
Stand Alone and/or Interoperability testing
must begin on the prior release before the next release is
implemented. Otherwise, RESELLER will be required to move
their implementation plan to the next release.
New EDI users must be certified and in
production with at least one product and one order activity type on
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
a prior release two months after the implementation of the next
release. Otherwise, RESELLER will be required to move their
implementation plan to the next release.
Any EDI user that has been placed into
production on the prior release not later than two months after the
next release implementation may continue certifying additional
products and activities until two months prior to the retirement of
the release. To be placed into production , the products/order
activities must have been tested in the SATE or Interoperability
environment before two months after the implementation of the
next release.
RESELLER will be expected to execute the re-certification test
cases in the stand alone and/or Interoperability test environments. RESELLER
will provide Purchase Order Numbers (PONs) of the successful test cases to
Owest.
RESELLER will be expected to execute the re-certification test
cases in the stand alone and/or Interoperability test environments. RESELLER
will provide Purchase Order Numbers (PONs) of the successful test cases to
Owest.
Reseller Support
10.Qwest shall provide documentation and assistance for
RES ELLER to understand how to implement and use all of the available OSSfunctions. Owest shall provide to RESELLER in writing any internal business
rules and other formatting information necessary to ensure that RESELLER'
requests and orders are processed efficiently. This assistance will include, but is
not limited to contacts to the RES ELLER account team, training, documentation
and RESELLER Help Desk. Owest will also supply RES ELLER with an
escalation level contact list in the event issues are not resolved via contacts to
the RESELLER account team, training, documentation, and RESELLER Help
Desk.
10.RES ELLER Help Desk
10.The RES ELLER Systems Help Desk will provide a single
point of entry for RESELLER to gain assistance in areas involving
connectivity, system availability, and file outputs. The RESELLER
Systems Help Desk areas are further described below.
10.Connectivity covers trouble with
RES ELLER'access to the Owest system for hardware
configuration requirements with relevance to EDI and GUI
interfaces; software configuration requirements with relevance to
EDI and GUI interfaces; modem configuration requirements, T1
configuration and dial-in string requirements, firewall access
configuration , SecurlD configuration, Profile Setup, and password
verification.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRega! Diversified , Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
10.System Availability covers system errors
generated during an attempt by RESELLER to place orders
open trouble reports through EDI and GUI interfaces. These
system errors are limited to: Resale/POTS; UNE POTS; Design
Services and Repair.
10.File Outputs covers RES ELLER's output files
and reports produced from its usage and order activity. File
outputs system errors are limited to: Daily Usage File; Loss /
Completion File, lABS Bill , CRIS Summary Bill , Category 11
Report and SAG/FAM Reports.
10.Additional assistance to RESELLERs is available through various
public web sites. These web sites provide electronic interface training
information and user documentation and technical specifications and are located
on Owest's wholesale web site. Owest will provide Interconnect Service Center
Help Desks which will provide a single point of contact for RESELLER to gain
assistance in areas involving order submission and manual processes.
Compensation/Cost Recovery
Recurring and non-recurring ass 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 approves such rates or until such rates go into effect by operation of law.
Maintenance and Repair
Service Levels
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. Owest shall provide RESELLER repair status information in
substantially the same time and manner Owest provides for its retail services.
During the term of this Agreement, Owest will provide necessary
maintenance business process support to allow RESELLER to provide similar
service quality to that provided by Owest to itself, its End User Customers, its
Affiliates, or any other party.
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 RESELLER 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.
Branding
Owest shall use unbranded Maintenance and Repair forms while
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
interfacing with RESELLER End User Customers. Upon request, Qwest shall
use RESELLER provided and branded Maintenance and Repair forms. Qwest
may not unreasonably interfere with branding by RESELLER.
Except as specifically permitted by RES ELLER , in no event shall
Qwest provide information to RES ELLER subscribers about RESELLER or
RESELLER product or services.
This section shall confer on Qwest no rights to the service marks
trademarks and trade names owned by or used in connection with services
offered by RESELLER or its Affiliates, except as expressly permitted by
RES ELLER.
Service interruptions
The characteristics and methods of operation of any circuits
facilities or equipment of either Party connected with the services, facilities or
equipment of the other Party pursuant to this Agreement shall not: 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
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 Impairing Party and the Impaired Party agree to work together to
attempt to promptly resolve the Impairment of Service.
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 for such service.3.4 . 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.
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.
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
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 RESELLERs as itself, its End User
Customers, its Affiliates, or any other party.
conditions.
The Parties shall cooperate in isolating trouble
Trouble Isolation
3.4.Pursuant to the applicable exchange and network service
catalog, Owest will bill appropriate Maintenance of Service charges, set forth in
Exhibit A, for dispatched work done by Owest where the trouble is found to be on
the end user s side of the NID or trouble is found to be in RES ELLER 's portion of
the network.
3.4.Maintenance of Service, set forth in Exhibit A, may be imposed
by Qwest on RES ELLER for other internal repair work incurred on behalf of
RES ELLER and later found to be in RESELLER network components.
Inside Wire Maintenance
Except where specifically required by state or federal regulatory mandates, Owest will
not perform any maintenance of inside wire (premises wiring beyond the end user
demarcation point) for RESELLER or its end users.
TestinglTest Requests/Coordinated TestinglUNEs
Owest shall have no obligation to test an end user s line or circuit
but may in appropriate circumstances.
Prior to any test being conducted on a line, Owest must receive a
trouble report from RES ELLER .
Owest end users are not given test results. On manually reported
trouble, Owest will not provide to RESELLER the test results for its trouble
reports. For electronically reported trouble, RESELLER may be provided various
basic test results.6.4 Qwest's test systems do not support testing of Unbundled
Network Elements. RES ELLER shall isolate the trouble condition on UNE end
users to Owest's portion of the end user s service before Owest accepts a trouble
report for that end user.
Work Center Interfaces
Owest and RES ELLER shall work cooperatively to develop
positive, close working relationships among corresponding work centers involved
in the trouble resolution processes.
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
Misdirected Repair Calls
RESELLER and Owest will employ the following procedures for
handling misdirected repair calls:
RESELLER and Owest will provide their respective end
users with the correct telephone numbers to call for access to their respective
repair bureaus.
End users of RES ELLER shall be instructed to report all
cases of trouble to RES ELLER. End users of Owest shall be instructed to report
all cases of trouble to Owest.
To the extent the correct provider can be determined
misdirected repair calls will be referred to the proper provider of Basic Exchange
Telecommunications Service; however, nothing in this Agreement shall be
deemed to prohibit Owest or RESELLER from discussing its products and
services with RESELLER 's or Owest's end users who call the other Party.1.4 RESELLER and Owest will provide their respective
repair contact numbers to one another on a reciprocal basis.
In responding to repair calls, neither Party shall make
disparaging remarks about each other.
Major Outages/Restoral/Notification
Owest will notify RES ELLER of major network outages as soon
as is practical. This notification will be via e-mail to RESELLER '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 frequency schedule as is provided internally within Owest. Service
restoration will be non-discriminatory, and will be accomplished as quickly as
possible according to Owest and/or industry standards.
Owest will meet with associated personnel from RESELLER to
share contact information and review Owest's outage restoral processes and
notification processes.
basis.
Owest's emergency restoration process operates on a 7X24
Protective Maintenance
10.Owest will perform scheduled maintenance of substantially the
same quality to that which it provides to itself.
10.Owest will work cooperatively with RESELLER to develop
industry-wide processes to provide as much notice as possible to RESELLER of
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (db a Regal Telephone Company)/ldaho/CDS-O30722-0010
pending maintenance activity. Such process work will include establishment of
reasonable thresholds and notification standards.
Hours of Coverage
11.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, Qwest's repair operations
center (always available 7X24) can call-out technicians or other personnel
required for the situation.
Escalations
12.Owest will provide trouble escalation procedures to RESELLER .
Such procedures will be based on the processes Owest employs for its own end
users. Owest escalations are manual processes.
12.Owest repair escalations begin with calls to the up-front trouble
reporting centers.
Dispatch
13.Owest will provide maintenance dispatch personnel on the same
schedule as it provides for its own end users.
13.Upon the receipt of a trouble report from RESELLER , Owest willdo all that is reasonable and practical , according to 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 RESELLER require a dispatch when Owest believes the dispatch is not
necessary, appropriate charges will be billed by Owest to RES ELLER for those
dispatch-related costs in accordance with Exhibit A.
13.For POTS lines, Owest will not request authorization from
RESELLER prior to dispatch. For lines supported by Owest's designed services
process, Owest may accept RES ELLER authorization to dispatch. Owest's
operational processes are regularly reviewed and may be altered in the future.
Should processes be changed, RESELLER will be notified.
13.4 RESELLER shall perform appropriate trouble isolation and
screening prior to submitting a trouble report to Owest.
Electronic Reporting
14.RESELLER may submit Trouble Reports through the electronic
bonding or GUI interfaces provided by Owest.
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-001O
ntervals/Parity
15.Similar trouble conditions, whether reported on behalf of Owest
end users or on behalf of RESELLER end users, will receive similar commitment
intervals.
Jeopardy Management
16.Notification to RESELLER will be given on the same basis that a
trouble report interval is likely to be missed.
Trouble Screening
17.RES ELLER shall screen and test its end user trouble reports
completely enough to insure that it sends to Owest only trouble reports that
involve Owest facilities.
17.Owest will cooperate with RES ELLER to show RESELLER how
Owest screens trouble conditions in its own centers, so that RES ELLER will
employ similar techniques in its centers.
Maintenance Standards
18.Owest will cooperate with RESELLER to meet the maintenance
standards outlined in this Agreement.
18.On manually reported trouble, Owest will inform RES ELLER of
repair completion as soon as is practical after its completion. On electronically
reported trouble reports the electronic system will automatically update status
information , including trouble completion, across the joint electronic gateway.
End User Interfaces
19.RESELLER will be responsible for all interactions with its end
users including service call handling and notifying its end users of trouble status
and resolution.
19.All Owest employees who perform repair service for RES ELLER
end users will be trained in non-discriminatory behavior.
Repair Call Handling
20.Manually reported repair calls by RES ELLER to Owest will be
answered with substantially the same quality and speed as Owest answers calls
from its own end users.
Single Point of Contact
21.Owest will provide a single point of contact for RESELLER 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
Qwest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
to RES ELLER for each category of trouble situation being encountered.
Network Information
22.Owest maintains an information database available to
RESELLER for the purpose of allowing RES ELLER to obtain information about
Qwest's NPAs, LATAs, Access Tandems and central offices.
22.This database is known as the ICONN database, available to
RESELLER via Qwest's Web site.
22.CPNI information and NXX activity reports are also included in
this database.
22.4 ICONN is updated every two (2) weeks.
Maintenance Windows
23.Generally, Qwest performs major switch maintenance activities
off-hours, during certain "maintenance windows
23.Generally, the maintenance window is between 0:00 p.
through 6:00 am Monday through Friday, and Saturday 0:00 p.m. through
Monday 6:00 am, Mountain Time.
23.Although Qwest normally does major switch maintenance during
the above maintenance window, there will be occasions where this will not be
possible.23.4 Planned generic upgrades to Qwest switches are included
in the ICONN database, available to RESELLER via Qwest's Web site.
Section 10.0 - Qwest Dex
10.Qwest and RESELLER agree that certain issues outside the provision of
basic white page directory listings, such as yellow pages advertising, yellow pages
listings, directory coverage, access to call guide pages (phone service pages),
applicable listings criteria , white page enhancements and publication schedules will be
the subject of negotiations between RESELLER and directory publishers, including
Qwest Dex. Qwest acknowledges that RESELLER may request Qwest to facilitate
discussions between RES ELLER and Qwest Dex.
Section 11.0 - SERVICE PERFORMANCE
Performance Indicator Definitions (PIDs), in their current form as developed by the
Regional Oversight Committee, are included in Exhibit B of this Agreement. Subsequent
changes to these riDs that are made by the Regional Oversight Committee shall be
incorporated into Exhibit B by reference. The riDs, together with applicable
Owest Resale Template 1-
July 22, 2003fswd- Ih fRega! Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-0010
modifications, that apply to and are governed by the Performance Assurance Plan (PAP)
are presented in Appendices A and B of Exhibit K to this Agreement. Modifications of
PIDs that apply to the PAP shall be made in accordance with Section 18 of Exhibit
Only those PAP provisions applicable to Resold Services under this Agreement shall
apply.
Owest Resale Template 1-
July 22, 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)fldahofCDS-O30722-001 0
Section 12.0 - SIGNATURE PAGE
By signing below, and in consideration of the mutual promises set forth herein, and other
good and valuable consideration RESELLER adopts this AGREEMENT and upon
receipt by Qwest, the Parties agree to abide by the terms and conditions set forth in this
Interconnection Agreement.
Regal DiverSified Inc
(dba Regal Te hon Co
---
Signature
,.J oj R (U.AJ ,..J
Name Printedrryped~s,"
Title
a.... .
Signature
L. T. Christensen
Name Printedrryped
g.o4. d)
Director - Business Policy
Title h~~
DateDate
Qwest Resale Template 1-
July 22 2003fswd- Ih fRegal Diversified, Inc (dba Regal Telephone Company)lIdahofCDS-O30722-0010
RE MAININ G P AGE S
ARE IN THE FILE
UNABLE TO SCAN
BECAUSE OF POOR QUALITY