20031029Application.pdf

Mary S. Hobson (ISB# 2142)
Stoe1 Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
!~EGEIVED mFILED
2UB3 OCT 29 PM 4: 36)
IU/\i-IU FUBLIC
UTILITIES COiv1MISSION
Steven Sixberry
Nevada Wireless LLC
4690 Longley Lane - Suite 25
Reno, NY 89502
Telephone: [phone]
Facsimile: [phone]
six berry~nevadawirel ess. com
JOINT APPLICATION OF QWEST
CORPORATION AND NEVADA WIRELESS
LLC FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
US.C. 9252(E)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.(tKJ f"-/~
() ~,
APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Nevada Wireless LLC ("Nevada ) hereby jointly file
this Application for Approval of Interconnection Agreement ("Agreement"). A copy of this
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-163560.10029164-00016
Page 1
Nevada 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
Nevada to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Nevada 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 29th day of October, 2003.
Qwest Corporation
~~~i:~~
Stoel Rives LLP, Attorneys for Qwest
and
Steven Sixberry
Nevada Wireless LLC
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-163560.\0029164-000\6
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 29th day of October, 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
i i ewell~JJuc.state.id. us
Hand Delivery
U S. Mail
Overnight Delivery
Facsimile
Email
Steven Sixberry
Nevada Wireless LLC
4690 Longley Lane - Suite 25
Reno, NY 89502
Telephone: [phone]
Facsimile: [phone]
six berry~nevadawireless. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
John Love
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Director Interconnection Compliance
Qwest Corporation
1801 California - Room 2410
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
in tagree((i),qw es t. co m
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Corporate Counsel - Interconnection
Qwest Law Department
1801 California Street - Suite 4900
Denver, CO 80202
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~ "
)f? At!!1i#Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-163560.10029164-00016
Page 3
Type 2 Wireless Interconnection Agreement
Between
Qwest Corporation
And
Nevada Wireless LLC
For The State Of Idaho
Agreement Number
CDS-O30919-0003
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Table Of Contents
SECTION 1.0 - GENERAL TERMS/.....................................................................
SECTION 2.0 -INTERPRETATION AND CONSTRUCTION...............................
SECTION 3.0 - WSP INFORMATION .................................................................
SECTION 4.0 - DEFINITIONS ..............................................................................
SECTION 5.0 - TERMS AND CONDITIONS ......................................................
SECTION 6.0 - INTERCONNECTION ............................................................... 35
SECTION 7.0 - COLLOCATION ........................................................................ 58
SECTION 8.0 - UNBUNDLED NETWORK ELEMENTS ....................................
SECTION 9.0 - ANCILLARY SERVICES ........................................................... 60
SECTION 10.0 - NETWORK SECURITY .........................................................103
SECTION 11.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)105
SECTION 12.0 - MAINTENANCE AND REPAIR ............................................116
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS ................................122
SECTION 14.0 - LOCAL DIALING PARITY..................................................... 123
SECTION 15.0 - QWEST DEX ........................................................................124
SECTION 16.0 - BONA FIDE REQUEST PROCESS ......................................125
SECTION 17.0 - SPECIAL REQUEST PROCESS.......................................... 128
SECTION 18.0 - AUDIT PROCESS .................................................................130
SECTION 19.0 - CONSTRUCTION CHARGES ...............................................132
SECTION 20.0 - NETWORK STANDARDS ..................................................... 133
SECTION 21.0 - SIGNATURE PAGE...............................................................137
EXHIBIT A - Rates
EXHIBIT B -Service Performance Indicators
EXHIBIT C - Reserved For Future Use
EXHIBIT D - Qwest Right of Way, Pole Attachment and/or Ductllnnerduct
Occupancy General Information
EXHIBIT E - Reserved For Future Use
EXHIBIT F - Special Request Process
EXHIBIT G - Reserved for Future Use
EXHIBIT H - Reserved For Future Use
EXHIBIT I - Individual Case Basis
EXHIBIT J - Reciprocal Compensation Rate Election
EXHIBIT L - Advice Adoption Letter
Exhibit M - Interim Advice Adoption Letter
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General Terms
SECTION 0 - GENERAL TERMS
This Type 2, two-way Wireless Interconnection Agreement is effective upon
approval of the Commission , and is between Nevada Wireless LLC ("Nevada Wireless" or
WSP"), a Nevada Corporation and Qwest Corporation ("Qwest"), a Colorado corporation
pursuant to Section 252 of the Telecommunications Act of 1996, for purposes of fulfilling
Qwest'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. Nevada Wireless is
licensed by the Federal Communications Commission ("FCC") as a Commercial Mobile Radio
Service ("CMRS") Provider. Services provided by Qwest to Nevada Wireless under this
Agreement are provided pursuant to Nevada Wireless s role as two-way CMRS provider of two-
way (do we need both two ways?) traffic.
This Interconnection Agreement sets forth the terms, conditions and pricing under
which Qwest will offer and provide to any requesting WSP network Interconnection , access to
Unbundled Network Elements (UNEs), and Ancillary services within the geographical areas in
which both Qwest is providing Local Exchange Service at that time, and for which Qwest is the
incumbent Local Exchange Carrier within the state of Idaho for purposes of providing local two
way Wireless Services. This Agreement is available for the term set forth herein.
In consideration of the mutual promises set forth herein and other good and
valuable consideration , Qwest and Nevada Wireless mutually agree as follows:
1.4 Intentionally Left Blank
Intentionally left Blank
Intentionally left blank
This Interconnection Agreement between Nevada Wireless and Qwest can only be
amended in writing as further set forth in Section 5.30, executed by the duly authorized
representatives of the Parties.
Notwithstanding the above, if Qwest chooses to offer and Nevada
Wireless desires to purchase, new Interconnection services, access to additional
Unbundled Network Elements, or additional Ancillary services which are not contained in
this Agreement or a Tariff, Qwest will notify Nevada Wireless of the availability of these
new services through the Customer notification process. The Parties shall amend this
Agreement under one (1) of the following two (2) options:
If Nevada Wireless is prepared to accept Qwest's terms and
conditions for such new product, Nevada Wireless shall execute a form Advice
Adoption Letter (the form of which is attached hereto as Exhibit L), to be
furnished by Qwest, and include as an attachment, the discreet terms and
conditions available as Qwest has identified as pertaining to the new product.
Nevada Wireless shall submit the Advice Adoption Letter to the Commission for
its approval. Nevada Wireless shall also provide the Advice Adoption Letter to
Qwest pursuant to the notice provisions in this Agreement and may begin
ordering the new product pursuant to the terms of this Agreement as amended
by such Advice Adoption Letter.
If Nevada Wireless wishes to negotiate an amendment with
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different terms and conditions than defined by Qwest for such new product
Nevada Wireless agrees to abide by those terms and conditions on an interim
basis by executing the Interim Advice Adoption Letter (the form of which is
attached hereto as Exhibit M) based upon the terms and conditions as Qwest
has identified as pertaining to the new product. The Interim Advice Adoption
Letter will terminate when the final amendment is approved. The rates and to the
extent practicable, other terms and conditions contained in the final amendment
will relate back to the date the Interim Advice Adoption Letter was executed. No
new product offering or accompanying Interim Advice Adoption Letter will be
construed to limit or add to any rates, terms or conditions existing in this
Agreement.
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Section 2
Interpretation and Construction
SECTION INTERPRETATION AND CONSTRUCTION
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 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)
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 April 1 , 2003 (the Existing Rules). Nothing in
this Agreement shall be deemed an admission by Qwest or Nevada Wireless concerning the
interpretation or effect of the Existing Rules or an admission by Qwest or Nevada Wireless that
the Existing Rules should not be changed , vacated, dismissed, stayed or modified. Nothing in
this Agreement shall preclude or estop Qwest or Nevada Wireless 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
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 Nevada Wireless, amended as set forth
in this Section 2., to reflect the outcome of any applicable 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 pendency 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 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
an interim operating agreement between the Parties regarding the disputed issues, to be
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effective during the pendency of Dispute Resolution. The Parties agree that the interim
operating agreement shall be determined and implemented within the first fifteen (15) Days
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.
1 In addition to, but not in limitation Section 2.2. above, nothing in this Agreement
shall be deemed an admission by Qwest or Paging Provider concerning the
interpretation or effect of the FCC's decision and rules adopted in In the Matter of
Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange
Carriers; Implementation of the Local Competition Provisions of the Telecommunications
Act of 1996; Deployment of Wireline Services Offering Advanced Telecommunications
Capability, CC Docket Nos. 01-338, 96-98 and 98-147, nor rules , regulations and
interpretations thereof, including but not limited to state rules, regulations , and laws as
they may be issued or promulgated regarding the same ("Decision(s)"). Nothing in this
Agreement shall preclude or estop Qwest or Paging Provider from taking any position in
any forum concerning the proper interpretation or effect of Decisions or concerning
whether the Decision should be changed, vacated , dismissed , stayed or modified.
Unless otherwise specifically determined by the Commission , in cases of conflict
between the Agreement and Qwest'Tariffs, Product Catalog (PCAT), methods and
procedures, technical publications, policies , product notifications or other Qwest documentation
relating to Qwest's or Nevada Wireless s rights or obligations under this Agreement then the
rates, terms and conditions of this Agreement 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.
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Implementation Schedule
SECTION 0 - WSP INFORMATION
Except as otherwise required by law, Qwest will not provide or establish
Interconnection , Unbundled Network Elements and Ancillary services in accordance with the
terms and conditions of this Agreement prior to Nevada Wireless s execution of this Agreement.
Prior to placing any orders for services under this Agreement, the Parties will jointly
work with the Qwest Sales and Service organizations to gather the information below as
appropriate. This information will then be used to:
Determine geographical requirements;
Identify Nevada Wireless Identification IDs;
Determine Qwest system requirements to support Nevada Wireless s specific
activity;
Collect Credit Information;
Obtain Billing Information;
Create summary bills;
Establish input and output requirements;
Create and distribute Qwest and Nevada Wireless Contact Lists; and
Identify Nevada Wireless hours and holidays.
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Definitions
SECTION 0 - DEFINITIONS1 "Access Service Request" or "ASR" means the industry standard forms and
supporting documentation used for ordering Access Services. The ASR will be used to order
trunking and facilities between Nevada Wireless and Qwest for Local Interconnection Service.2 "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.3 "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.4.4 "Act" means the Communications Act of 1934 (47 U.C. 151 et. seq.), as
amended by the Telecommunications Act of 1996, and as from time to time interpreted in the
duly authorized rules and regulations of the FCC or the Commission.5 "Advanced Intelligent Network" or "AIN" is a Telecommunications network
architecture in which call processing, call routing and network management are provided by
means of centralized databases.6 "Automatic Number Identification" or "ANI" is the Billing telephone number
associated with the access line from which a call originates. ANI and Calling Party Number
(CPN) usually are the same number.7 "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.8 "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 (DA) and
Operator Services (OS).9 "Bill and Keep" is as defined in the FCC's Order on Remand and Report and Order
in CC Docket 99-68 (Intercarrier Compensation for ISP Bound Traffic). Bill and Keep is an
arrangement where neither of two (2) interconnecting networks charges the other for terminating
traffic that originates on the other network. Instead, each network recovers from its own End
User Customers the cost of both originating traffic that it delivers to the other network and
terminating traffic that it receives from the other network. Bill and Keep does not, however
preclude Intercarrier charges for transport of traffic between Carriers' networks.
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Definitions
Bill Date" means the date on which a Billing period ends, as identified on the bill.
Bona Fide Request" or "BFR" shall have the meaning set forth in Section 16.12 "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 Wireline call on another End User Customer s Basic Exchange Telecommunications
Service line.
13 "Calling Party Number" or "CPN" is a Common Channel Signaling ("CCS"
parameter, which refers to the number transmitted through a network identifying the calling
party. Reference Qwest Technical Publication 77342.14 "Central Office switch" means a switch used to provide Telecommunications
Services, including, but not limited to:
14.1 "End Office switches" which are used to terminate End User Customer
station loops , or equivalent, for the purpose of interconnecting to each other and
trunks; and
14.2 "Tandem Office switches" are used to connect and switch trunk circuits
between and among other End Office switches. A Wireless Carrier s 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 by the Commission of geography should be used to classify any switch on
a prospective basis.15 "Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.C. Section 332
and FCC rules and orders interpreting that statute.
Commission" means the Idaho Public Utilities Commission.17 "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.
18 "Conversation Time" means the measurement of Type 2 Interconnection usage
which begins when Nevada Wireless s MSC is signaled by the terminating End Office that the
call has been answered. Measured usage ends upon MSC recognition of disconnection by the
earlier of Nevada Wireless s End User Customer or the disconnection signal from the
terminating End Office.
19 "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.
Day" means calendar Days unless otherwise specified.21 "Digital Signal Level" means one of several transmission rates in the time-division
multiplex hierarchy.
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Definitions22 "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 DS1.23 "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 DS1s in a DS3.
24 "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.25 "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.
26 "Entrance Facility" or "EF" means the dedicated facility between the CMRS
provider s POI and the Qwest Serving Wire Center. This is also referred to as "Network Access
Channel" or "NAC"27 "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.
28 "Exchange Message Interface" or "EMI" means the format used for exchange of
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.29 "Exchange Message Record" or "EMR" is the standard used for exchange of
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
CRIS Exchange Message Record , an ATIS document that defines industry standards for
Exchange Message Records.
30 "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.32 "Firm Order Confirmation Date" or "FOC" means the notice Qwest provides to
Nevada Wireless to confirm that Nevada Wireless s Access Service Order (ASR) has been
received and has been successfully processed. The FOC confirms the schedule of dates
committed to by Qwest for the provisioning of the service requested.
Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit 17.34 "Information Service" is as defined in the Telecommunications Act of 1996 and
FCC Order on Remand and Report and Order in CC Docket 99-68 and includes ISP Bound
Traffic.
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Definitions
Information Services Providers" or "ISPs" are providers of Information Services.36 "Interconnection" is as described in the Act and refers to the connection between
networks for the purpose of transmission and routing of telephone Exchange Service traffic
Exchange Access and Jointly Provided switched Access Traffic.
37 "Interconnections Database" or "ICONN" is a Qwest database, available on the
Qwest Web Site, which includes business and residence access line counts, switch types, and
switch generics.
38 "Interexchange Carrier" (lXC) means Carrier that provides InterLATA
IntraLATA Toll services.39 "lnterLATA" describes Telecommunications functions originating in one Local
Access and Transport Area (LATA) and terminating in another.
4.40 "lnterMTA" describes Telecommunications functions originating in one MTA and
terminating in another.
4.41 "Internet Related Traffic" includes ISP Bound traffic and refers to dial-up access
through an entity which may include computer processing, protocol conversions, information
storage or routing with transmission to enable users to access internet content or data services.
4.42 "lntraLATA" describes Telecommunications functions originating and terminating in
the same LATA.
4.43 "ISP Bound Traffic" means the offering of information access pursuant to 47 U.
P251 (g) and the Order with respect to Information Services as defined in 47 U.C. P153 (20),
and includes Telecommunications traffic delivered to an ISP.
4.44 "lntraLATA Toll" (Transit) is defined in accordance with Qwest's current IntraLATA
Toll serving areas, as determined by the state Commission.
4.45 Jointly Provided switched Access see Meet Point Billing.
4.46 "Local Traffic" is traffic that is exchanged in a geographic area either by MTA or the
Qwest Extended Area Service (EAS) boundaries. This includes Exchange Access (IntraLATA
Toll). Local Traffic excludes Transit Traffic.
4.47 Local Access and Transport Area" or "LATA" is as defined in the Act.
4.48 "Local Calling Area" or "LCA" is a geographic area defined either by the MT A or the
Qwest Extended Area Service (EAS) boundaries.
4.48.1 "MTAlLocal" means the geographic area within the IntraMTA in which
Nevada Wireless provides CMRS services. Local Interconnection rates apply for traffic
originated and terminated within the same MT A. See Non-Local for exceptions.
4.48.2 "EAS/Local" means the geographic area defined by the EAS boundaries
as determined by the Commission and defined in Qwest's Local and/or General
Exchange Service Tariff. LEC End User Customers may complete a call without
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incurring toll charges. Traffic terminated by Qwest End User Customers within their EAS
boundary is considered to be EAS/Local; Qwest End User Customers are billed toll
charges for traffic terminated outside of their EAS boundary.
4.49 "Local Exchange Carrier" (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 definition of such term.
50 "Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies
Reference Document used by LECs and IXCs to identify NPA-NXX routing and homing
information as well as Network Element and equipment designations.51 "Local Service Request" or "LSR" means the industry standard forms and
supporting documentation used for ordering local services.
52 "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 perform 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 Qwest
recognized holiday.
53 "Major Trading Area (MT A)" is a geographic area established in Rand McNally
1992 Commercial Atlas and Marketing Guide and used by the FCC in defining CMRS license
boundaries for CMRS providers for purposes of Sections 251 and 252 of the Act.54 "Meet Point" is a point of Interconnection between two networks, designated by two
Telecommunications Carriers, at which one Carrier s responsibility for service begins and the
other Carrier s responsibility ends.55 "Meet-Point Billing" or "MPB" or "Jointly Provided switched Access" refers to an
arrangement whereby two LECs (including a LEC and WSP). Jointly provide switched Access
Service to an Interexchange Carrier, with each LEC (or WSP) receiving an appropriate share of
the revenues from the IXC as defined by their effective Access Tariffs.
56 "Mid-Span Meet" means an Interconnection between two (2) networks designated
by two Telecommunications Carriers , whereby each provides its own cable and equipment up to
the Meet Point of the cable facilities.
57 "Miscellaneous Charges" mean cost-based charges that Qwest may assess in
addition to recurring and non-recurring rates set forth in Exhibit A, for activities Nevada Wireless
requests Qwest to perform, activities Nevada Wireless authorizes, or charges that are a result of
Nevada Wireless s actions, such as cancellation charges, additional labor and maintenance.
Miscellaneous Charges are not already included in Qwest's recurring or non-recurring rates.58 "Mobile switching Center" or "MSC" is a Wireless switching facility, which performs
the switching for the routing of calls among its Wireless End User Customers in other Wireless
or landline networks. In addition it contains recording and billing functionality.
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59 "Multiple Exchange Carrier Access Billing " or "MECAB" refers to the document
prepared by the Billing Committee of the Ordering and Billing Forum (OBF), which functionsunder the auspices of the Carrier Liaison Committee (CLC) of the Alliance for
Telecommunications Industry Solutions (ATIS). The MECAB document, published by Telcordia
Technologies as Special Report SR-BDS-000983, contains the recommended guidelines for the
Billing of an Access Service provided by two or more Telecommunications Carriers (including a
WSP, LEC and/or a WSP), or by one LEC in two or more states within a single LATA.
60 "Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for
Access Services - Industry Support Interface, refers to the document developed by the
Ordering/Provisioning Committee under the auspices of the Ordering and Billing Forum (OBF),
which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for
Telecommunications Industry Solutions (ATIS). The MECOD document, published by Telcordia
Technologies as Special Report SR STS-002643, establishes recommended guidelines for
processing orders for Access Service which is to be provided by two or more
Telecommunications Carriers (including a WSP, LEC and/or a WSP). It is published
Telcordia Technologies as SRBDS 00983.
61 "Multiplexing" or "MUX" means the function which converts a 44.736 MBPS DS3
channel to 28 1.544 MBPS DS1 channels or a 1.544 DS1 channel to 24 DSO channels utilizing
time division Multiplexing.
62 "Non-Local" traffic is InterMTA, InterLATA, Roaming, and/or Jointly Provided
switched Access Traffic. Reciprocal Compensation does not apply to Non-Local Traffic. This
Non-Local Traffic originated by Nevada Wireless, includes InterMTA traffic and IntraMTA traffic
delivered to Qwest via an IXC. Regarding traffic delivered to Nevada Wireless , Non-Local
includes all traffic carried by an IXC, and traffic destined for Nevada Wireless s End User
Customers that are Roaming in a different MT A, and all InterMT A/lnterLA T A traffic.63 "North American Numbering Plan" or "NANP" means the numbering plan used in
the United States that also serves 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
digit NXX code and 4-digit line number.64 "Operator Tandem" means a Qwest switching system that provides a traffic
concentration and distribution function for Qwest operator assisted traffic.65 "Originating Line Information" or "OLl" is an CCS SS7 Feature Group D signaling
parameter which refers to the number transmitted through the network identifying the Billing
number of the calling party.66 "Party" means either Qwest or Nevada Wireless and "Parties" means Qwest and
Nevada Wireless.67 "Percent Local Usage (PLU) Factors" are percentages used in the reciprocal
compensation payment method in determining Minutes of Use (MOU) for Land to Mobile (L-
and Mobile to Land (M-L) traffic.
67.1 "PLU 1" is a factor for determining the total L-M and M-L MOUs between
Qwest and Nevada Wireless based on M-L traffic measured by Qwest.
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67.2 "PLU 2A" is a factor for determining Qwest originated L-M MOUs
terminating on Nevada Wireless s network subject to reciprocal compensation.
67.3 "lnterMTA" are factors that are used in reciprocal compensation to
determine InterMTA, Roaming MOUs when Nevada Wireless s End User Customer is
initiating (M-L) or terminating (L-M) a call in another MTA.
67.4 "PLU 28" is a factor for determining the portion of Qwest originated traffic
that rides the Type 2 facility between Qwest's Tandems or End Offices and Nevada
Wireless s POI for calculation of the facilities credit to Nevada Wireless.68 "Point of Interface
" "
Point of Interconnection" or "POI" is a physical demarcation
between the networks of two LECs (including a LEC and Nevada Wireless). The POI is that
point where the exchange of traffic takes place. This point establishes the technical interface
the test point(s), and the point(s) for operational division of responsibility.
Port"
69.1 "Port" means a line or trunk connection point, including a line card and
associated peripheral equipment, on a Central Office switch but does not include switch
features. The Port serves as the hardware termination for line or Trunk Side facilities
connected to the Central Office switch. Each line side Port is typically associated with
one or more telephone numbers that serve as the End User Customer s network
address.
69.Port" as an action relating to porting a telephone number from one central
office switch to another central office switch using Local Number Portability.70 "Rate Center" identifies 1) the specific geographic point identified by specific
vertical and horizontal (V&H) coordinates , which are used to measure distance sensitive End
User Customer traffic to/from the particular NPA-NXX designations with the specific Rate
Center, and 2) the corresponding geographic area which is associated with one or more
particular NPA-NNX codes which have been assigned to a LEC for its provision of Telephone
Exchange Service.71 "Rate Center Area" is the geographic area within which basic Exchange Services
are provided for NPA-NXX designations associated with a particular Rate Center.72 "Reciprocal Compensation Credit" is defined as a monetary credit for two-way
Wireline to Wireless traffic which is originated by a Qwest Wireline End User Customer within
the LATA, transported by Qwest, and terminates to Nevada Wireless s Wireless End User
Customer within the MT AlLocal area. When more than two (2) Carriers are involved
transporting a call, Reciprocal Compensation Credit does not apply.73 "Roaming" is defined as a Telecommunications Service occurring when the End
User Customer of one CMRS provider utilizes the facilities of another CMRS provider. Most
often , Roaming occurs when the End User Customer is physically located outside the service
area of his or her service provider.74 "Service Control Point" or "SCP" means a node in the CCS network to which
information requests for service handling, such as routing, are directed and processed. The
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SCP is a real time database system that, based on a query from a Service switching Point
(SSP), performs End User Customer or application-specific service logic and then sends
instructions back to the SSP on how to continue call processing.
75 "Service switching Point" or "SSP" is a telephone switch that performs call
processing on traffic that originates, Tandems, or terminates at that site. Such call processing
includes the generation of SS7 messages to transfer call-related information to other SSPs and
sending a query to an SCP for instructions on call routing. SSPs are interconnected by SS7
links.
76 "Serving Wire Center" denotes the Wire Center from which dial tone for Local
Exchange Service would normally be provided to a particular End User Customer Premises.77 "Signaling Transfer Point" or "STP" means a signaling point that performs message
routing functions and provides information for the routing of messages between signaling endpoints. A STP transmits , receives and processes Common Channel Signaling ("CCS"
messages.
Special Request Process" or "SRP" shall have the meaning set forth in Exhibit 17.79 "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.
80 "switched Access Traffic," as specifically defined in Qwest's interstate switched
Access Tariffs, is traffic that originates at one of the Party s End User Customers and terminates
at an IXC Point of Presence, or originates at an IXC Point of Presence and terminates at one of
the Party s End User Customers, whether or not the traffic transits the other Party s network.81 "Tariff' as used throughout this Agreement refers to Qwest interstate Tariffs and
state Tariffs , price lists, price schedules and catalogs.82 "Telecommunications Carrier" means any provider of Telecommunications
Services (such as LECs, Competitive Local Exchange Carriers (CLECs), WSPs, 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
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.
83 "Telecommunications Services" means the offering of Telecommunications for a
fee directly to the public, or to such classes of users as to be effectively available directly to the
public, regardless of the facilities used.84 "Transit Traffic" is any traffic that originates from one Telecommunications Carrier
network, transits a Tandem Telecommunications Carrier s network , and terminates to yet
another Telecommunications Carrier s network. In the cases neither the originating nor the
terminating End User Customer is a Customer of a Tandem Telecommunications Carrier. For
the purposes of this Agreement, Transit Traffic does not include traffic carried by Interexchange
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Carriers. That traffic is defined as Jointly Provided switched Access.85 Trunk Group Servicing Request "TGSR" is the notification the Qwest Trunk
Forecasting Group sends to the Service Delivery Center to advise of blocking conditions on
Carrier trunk groups.
86 "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.87 "Wireless" for the purposes of this Agreement, are Telecommunications Services
provided by a 2-way CMRS Carrier in accordance with its CMRS licensees). This includes both
Cellular and Personal Communications Service Providers.88 "Wireless Carrier Resource Guide" is a Qwest document that provides information
needed to request services available under this Agreement. It is available on Qwest's Web site:
http://www.Qwest.com/wholesale/pcat/wireless.html89 "Wireless Service Provider" or "WSP" for purposes of this Agreement is a 2-way
CMRS provider of local service.
90 "Wireline" are Telecommunications Services provided by Qwest or other non-
CMRS Telecommunications Carriers. These services are provided via a fixed land line network
where the End User Customers are stationary.
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Terms and Conditions
SECTION 5.0 - TERMS AND CONDITIONS
General Provisions
Intentionally Left Blank.
The Parties are each solely responsible for participation in and compliance with
national network plans, including the National Network Security Plan and the Emergency
Preparedness Plan.
Neither Party shall use any service related to or use any of the services provided in
this Agreement in any manner that interferes with other Persons in the use of their service
prevents other Persons from using their service, or otherwise impairs the quality of service to
other Carriers or to either Party s End User Customers. In addition, neither Party s provision of
or use of services shall interfere with the services related to or provided under this Agreement.
If such impairment is material and poses an immediate threat to the
safety of either Party s employees, Customers or the public or poses an immediate
threat of a service interruption , that Party shall provide immediate notice by email to the
other Party s designated representative(s) for the purposes of receiving such notification.
Such notice shall include 1) identification of the impairment (including the basis for
identifying the other Party s facilities as the cause of the impairment), 2) date and
location of the impairment, and 3) the proposed remedy for such impairment for any
affected service. Either Party may discontinue the specific service that violates the
provision or refuse to provide the same type of service if it reasonably appears that the
particular service would cause similar harm , until the violation of this provision has been
corrected to the reasonable satisfaction of that Party and the service shall be reinstituted
as soon as reasonably possible. The Parties shall work cooperatively and in good faith
to resolve their differences. In the event either Party disputes any action that the other
Party seeks to take or has taken pursuant to this provision, that Party may pursue
immediate resolution by expedited or other Dispute Resolution.
If the impairment is service impacting but does not meet the parameters
set forth in section 5., such as low level noise or other interference, the other Party
shall provide written notice within five (5) calendar Days of such impairment to the other
Party and such notice shall include the information set forth in subsection 5.1. The
Parties shall work cooperatively and in good faith to resolve their differences. If the
impairment has not been corrected or cannot be corrected within five (5) business days
of receipt of the notice of non-compliance, the other Party may pursue immediate
resolution by expedited or other Dispute Resolution.
If either Party causes non-service impacting impairment the other Party
shall provide written notice within fifteen (15) calendar Days of the impairment to the
other Party and such notice shall include the information set forth in subsection 5.
The Parties shall work cooperatively and in good faith to resolve their differences. If
either Party fails to correct any such impairment within fifteen (15) calendar Days of
written notice, or if such non-compliance cannot be corrected within fifteen (15) calendar
Days of written notice of non-compliance , and if the impairing Party fails to take all
appropriate steps to correct as soon as reasonably possible, the other Party may pursue
immediate resolution by expedited or other Dispute Resolution.
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service impacting impairment that may result in discontinuance of service as soon as the
Party receives notice of same.1.4 Each Party is solely responsible for the services it provides to its End User
Customers 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,
Qwest shall not assess any charges against Nevada Wireless for services, facilities, Unbundled
Network Elements, Ancillary service 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, to be provided hereunder, shall be priced in
accordance with all applicable provisions of the Act and the rules and order 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. 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
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.
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 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
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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 services, 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 s 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 End User Customer
line disconnected pursuant to this paragraph. The Billing Party will notify the billed Party in 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 Nevada Wireless or Qwest 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, Nevada Wireless and Qwest shall
pay all undisputed amounts due. Both Nevada Wireless and Qwest 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.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
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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 Nevada Wireless, 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 Audit provision of this
Agreement, through the Dispute Resolution provision of this Agreement, or applicable
state statutes or Commission rules.
5.4.Each Party will determine the other Party 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 1 st 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 expiration of the term 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
Nevada Wireless from any requirements of this Agreement.
5.4.The Billing Party may review the other Party s credit standing and modify the
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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 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 s operations for which that Party
has assumed legal responsibility in this Agreement. If 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 the use 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
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each Party hereunder. The limits of insurance shall not be less than $1 000 000 each
occurrence and $2 000 000 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 $1 000 000 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 Nevada Wireless personal property situated on or within the Premises.
Each Party will initially provide certificate(s) of insurance evidencing coverage, and
thereafter will provide such certificates 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 that 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 Nevada
Wireless 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 this
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Agreement 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.
Intentionally Left Blank.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.shall limit either Party obligations of
indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party's 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 s, 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.
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Reserved for Future Use.1.4 For purposes of Section 5.2, where the Parties have agreed to
provision line sharing using a POTS Splitter: "End User Customer" means the DSL
provider s End User Customer for claims relating to DSL and the voice service provider
End User Customer for claims relating to voice service.
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.
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.
addition to being subject to the provisions of Section 5., the obligation for indemnification
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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
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) the Indemnifying Party reasonably believes that the facility
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 Nevada Wireless 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 Nevada Wireless 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.Qwest 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 Nevada Wireless 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 Nevada Wireless
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 Nevada Wireless.
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.
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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 User Customers, provided
it does not represent the Network 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 Qwest pursuant to an applicable provision herein, Nevada Wireless may use the
phrase "Nevada Wireless is a Reseller of Qwest Services" (the Authorized Phrase) in Nevada
Wireless s printed materials provided:
10.The Authorized Phrase is not used in connection with any goods or
services other than Qwest services resold by Nevada Wireless.
10.Nevada Wireless s use of the Authorized Phrase does not cause End
User Customers to believe that Nevada Wireless is Qwest.
10.The Authorized Phrase , when displayed , appears only in text form
(Nevada Wireless may not use the Qwest 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 Nevada Wireless s name and in no event shall
exceed 8 point size.
10.6.4 Nevada Wireless shall provide all printed materials using the Authorized
Phrase to Qwest for its prior written approval.
10.If Qwest determines that Nevada Wireless s use of the Authorized Phrase
causes End User Customer confusion, Qwest may immediately terminate Nevada
Wireless s right to use the Authorized Phrase.
10.Upon termination of Nevada Wireless s 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 Nevada Wireless shall immediately cease any and
all such use of the Authorized Phrase. Nevada Wireless shall either promptly return to
Qwest or destroy all materials in its possession or control displaying the Authorized
Phrase.
10.Qwest and Nevada Wireless 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 (the Marks) and that this Agreement does not
confer any right or license to grant sublicenses or permission to third parties to use the Marks of
the other and is not assignable. Neither Party will do anything inconsistent with the other
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.
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10.Upon request, for all intellectual property owned or controlled by a third party and
licensed to Qwest associated with the Unbundled Network Elements provided by Qwest under
this Agreement, either on the Effective Date or at any time during the term of the Agreement
Qwest shall within ten (10) business days, unless there are extraordinary circumstances in
which case Qwest will negotiate an agreed upon date, then disclose to Nevada Wireless in
writing (i) the name of the Party owning, controlling or licensing such intellectual property, (ii) the
facilities or equipment associated with such intellectual property, (iii) the nature of the
intellectual property, and (iv) the relevant agreements or licenses governing Qwest's use of the
intellectual property. Except to the extent Qwest is prohibited by confidentiality or other
provisions of an agreement or license from disclosing to Nevada Wireless any relevant
agreement or license within ten (10) business days of a request by Nevada Wireless, Qwest
shall provide copies of any relevant agreements or licenses governing Qwest's use of the
intellectual property to Nevada Wireless. To the extent Qwest is prohibited by confidentiality or
other provisions of an agreement or license from disclosing to Nevada Wireless any relevant
agreement or license, Qwest shall immediately, within ten (10) business days (i) disclose so
much of it as is not prohibited , and (ii) exercise best efforts to cause the vendor, licensor or
other beneficiary of the confidentiality provisions to agree to disclosure of the remaining portions
under terms and conditions equivalent to those governing access by and disclosure to Qwest.
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 PARTICULAR PURPOSE AND THAT ALL
PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS " WITH ALL
FAULTS.
12 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 Qwest transfers to any unaffiliated Party exchanges including End
User Customers that Nevada Wireless serves in whole or in part through facilities or services
provided by Qwest under this Agreement, the transferee shall be deemed a successor to
Qwest's responsibilities hereunder for a period of ninety (90) Days from notice to Nevada
Wireless of such 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, Qwest shall use its best efforts to facilitate discussions
between Nevada Wireless and the Transferee with respect to Transferee s assumption of
Qwest's obligations pursuant to the terms of this Agreement.
12.Nothing in this section is intended to restrict Nevada Wireless s rights to opt into a
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Wireless Interconnection Agreement under 9 252 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. The failure of either
Party to enforce any of the provisions of this Agreement or the waiver thereof in any instance
shall not be construed as a general waiver or relinquishment on its part of any such provision
but the same shall , nevertheless, be and remain in full force and effect.
14 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.
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 Customer
specific, facility specific, or usage specific information , other than End User Customer
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 (Hi) 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
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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's 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 in 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 prepared prior to delivery
by the disclosing Party; or
Party; or
is or becomes publicly known through no wrongful act of the receivingc) 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
is approved for release by written authorization of the disclosing Party; or
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
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including without limitation the approval of this Agreement, or in any proceedings concerning the
provision of InterLA T A 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.
16.Nothing herein should be construed as limiting either Party s 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.Forecasts provided by either Party to the other Party shall be deemed Confidential
Information and the Parties may not distribute, disclose or reveal, in any form, this material other
than as allowed and described in subsections 5.16.1 and 5.16.
16.The Parties may disclose, on a need to know basis only, Nevada
Wireless individual forecasts and forecasting information disclosed by Qwest, to Qwest'
legal personnel in connection with their representation of Qwest in any dispute regarding
the quality or timeliness or the forecast as it relates to any reason for which Nevada
Wireless provided it to Qwest under this Agreement, as well as to Nevada Wireless
wholesale account managers, wholesale LIS and Collocation product managers
network and growth planning personnel responsible for preparing or responding to such
forecasts or forecasting information. In no case shall retail marketing, sales or strategic
planning have access to this forecasting information. The Parties will inform all of the
aforementioned personnel with access to such Confidential Information , of its
confidential nature and will require personnel to execute a nondisclosure agreement
which states that, upon threat of termination, the aforementioned personnel may not
reveal or discuss such information with those not authorized to receive it except as
specifically authorized by law. Violations of these requirements shall subject the
personnel to disciplinary action up to and including termination of employment.
16.Upon the specific order of the Commission , Qwest may provide
the forecast information that Nevada Wirelesss have made available to Qwest
under this Agreement, provided that Qwest shall first initiate any procedures
necessary to protect the confidentiality and to prevent the public release of the
information pending any applicable Commission procedures and further provided
that Qwest provides such notice as the Commission directs to Nevada Wireless
involved , in order to allow it to prosecute such procedures to their completion.
16.The Parties shall maintain confidential forecasting information in secure
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files and locations such that access to the forecasts is limited to the personnel
designated in subsection 5.16.1 above and such that no other personnel have
computer access to such information.
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 Resolution18. 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 Qwest
and Nevada Wireless 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 Qwest or Nevada Wireless
upon meeting the requisite showing, to obtain provisional remedies (including injunctive relief)
from a court before, during or after the pendency 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 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
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
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exceeding five million ($5,000 000) in which case the proceeding shall be conducted by a 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-, 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,
Colorado metropolitan area or in another mutually agreeable location. It is acknowledged that
the Parties , by mutual , written agreement, may change any of these arbitration practices for a
particular, some, or all Dispute(s). 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 or J.S./Endispute
rules, as the case may be, shall apply to Disputes affecting the ability of a Party
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. Qwest and Nevada Wireless shall attempt, in good faith, to agree on a plan for
such document discovery. Should they fail to agree , either Qwest or Nevada Wireless
may request a joint meeting or conference call with the Arbitrator. The Arbitrator shall
resolve any Disputes between Qwest and Nevada Wireless, and such resolution with
respect to the need, scope, manner, and timing of discovery shall be final and binding.
18.Arbitrator s Decision
18.The Arbitrator s decision and award shall be in writing and shall
state concisely the reasons for the award , including the Arbitrator s findings of
fact and conclusions of law.
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'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
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jurisdiction determines that it will review, a decision granting or denying
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 information to the Arbitrator in connection with or
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
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./Endispute, 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 the
misappropriation of use of intellectual property rights of a Party, including, but not limited to , the
use of the trademark, trade name , trade dress or service mark of a Party.
Controlling Law
19.This Agreement is offered by Qwest and accepted by Nevada Wireless 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
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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 Qwest-owned, operated or leased
facilities are identified to be asbestos containing, Nevada Wireless will ensure that to the extent
any activities which it undertakes in the facility disturb such suspect materials, such Nevada
Wireless 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
Nevada Wireless or equipment placement activities that result in the generation of asbestos-
containing material, Nevada Wireless 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. Qwest agrees to immediately notify Nevada Wireless if Qwest undertakes any
asbestos control or asbestos abatement activities that potentially could affect Nevada Wireless
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
Qwest and Nevada Wireless at the addresses shown below:
Qwest Corporation
Director Interconnection Compliance
1801 California, Room 2410
Denver, Colorado 80202Email intagreecmqwestcomPhone 303-965-3029Fax [phone]
With copy to:
Qwest Law Department
Attention: Corporate Counsel , Interconnection
1801 California Street, 49th Floor
Denver, Colorado 80202
and to WSP at the address shown below:
Nevada Wireless LLC
4690 Longley Lane, Suite 25
Reno, Nevada 89502Attention: Steven Sixberry
Email sixberrycmnevadawireless.comPhone 775-828-7000Fax [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
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address using the method of notice called for in this Section 5.21.
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 there from 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.
Reserved for Future Use.
24.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,
Qwest and Nevada Wireless agree to keep and maintain in full force and effect all permits
licenses, certificates, and other authorities needed to perform their respective obligations
hereunder.
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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 the Communications Assistance
Law Enforcement Act (CALEA). Each Party shall indemnify and hold the other Party harmless
from any and all penalties imposed upon the other Party for such noncompliance and shall at
the non-compliant Party s sole cost and expense, modify or replace any equipment, facilities or
services provided to the other Party under this Agreement to ensure that such equipment
facilities and services fully comply with CALEA.
Cooperation
5.29.The Parties agree that this Agreement involves the provision of Qwest services in
ways such services were not previously available and the introduction of new processes and
procedures to provide and bill such services. Accordingly, the Parties agree to work jointly and
cooperatively in testing and implementing processes for 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 11 of this Agreement.
Amendments
30.Amendments; Waivers. 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 by both Parties' authorized representative. No waiver by any party of any default
misrepresentation, or breach of warranty or covenant hereunder, whether 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.
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SECTION 6.0 - INTERCONNECTION
Interconnection Facility Options
This Section describes the Interconnection of Qwest's network and Nevada
Wireless s network for the purpose of exchanging Local , Non-Local, Transit and Jointly Provided
switched Access (InterLA T A and IntraLA T A) traffic. Qwest will provide Interconnection at any
technically feasible point within its network. Qwest's Wireless Interconnection Service is
provided for the purpose of connecting End Office switches to End Office switches or End Office
switches to Local or Access Tandem switches for the exchange of Local Traffic; or End Office
switches to Access Tandem switches for the exchange of Local, Non-Local or Jointly Provided
switched Access Traffic. Qwest Tandem to Nevada Wireless Tandem switch connections will
be provided where technically feasible. New or continued Qwest Local Tandem to Qwest
Access Tandem and Qwest Access Tandem to Qwest Access Tandem switch connections are
not required where Qwest can demonstrate that such connections present a risk of switch
exhaust and that Qwest does not make similar use of its network to transport the local calls of
its own or any Affiliate s End User Customers.
Qwest will provide to Nevada Wireless Interconnection at least equal in
quality to that provided to itself, to any subsidiary, affiliate , or any other party to which it
provides Interconnection. Qwest will provide Interconnection under rates, terms and
conditions that are just, reasonable and non-discriminatory.
Methods of Interconnection
The Parties will negotiate the facilities arrangement used to interconnect
their respective networks. Nevada Wireless shall establish at least one Physical Point of
Interconnection in Qwest territory in each LATA where the Nevada Wireless has local
End User Customers and/or has an NPAlNXX rated to a Rate Center within the LATA.
The Parties shall establish , through negotiations, one of the following Interconnection
Agreements (1) a DS1 or DS3 Qwest Provided Entrance Facility; (2) Collocation; (3)
negotiated Mid-Span Meet POI facilities; or (4) Other technically feasible methods of
Interconnection.
Qwest Provided Entrance Facility. Interconnection may be
accomplished through the provision of a DS1 or DS3 Entrance Facility. An
Entrance Facility extends from the Qwest Serving Wire Center to Nevada
Wireless s switch location or POI. Entrance Facilities may not extend beyond the
serving area , by the Qwest Serving Wire Center. The rates for Entrance
Facilities are provided in Exhibit A. Qwest's Private Line Transport service is
available as an alternative to entrance facilities, when Nevada Wireless uses
such Private Line Transport service for multiple services.
Collocation. Interconnection may be accomplished through the
Collocation arrangements offered by Qwest. The terms and conditions under
which Collocation will be available are described in the Collocation Section of this
Agreement.
3 Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point
of Interface , limited to the Interconnection of facilities between one Party s switch
and the other Party s switch. The actual physical Point of Interface and facilities
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used will be subject to negotiations between the Parties. Each Party will be
responsible for its portion of the build to the Mid-Span Meet POI. These Mid
Span Meet pals will consist of facilities used for the Provisioning of one or two
way Type 2 and Jointly Provided switched Access Interconnection trunks, as well
as Ancillary trunks such as, as, DA, and 911 trunk groups.
The Mid-Span Fiber Meet architecture requires each Party
to own its equipment on its side of the Point of Interconnection (POI).
Nevada Wirelesss may designate Mid Span Fiber Meet as the target
architecture, except in scenarios where it is not Technically Feasible or
where the Parties disagree on midpoint location.
In a Mid-Span Fiber Meet the Parties agree to establish
technical interface specifications for Fiber Meet arrangements that permit
the successful Interconnection and completion of traffic routed over the
facilities that interconnect at the Fiber Meet. Nevada Wireless is
responsible for providing at its location the Fiber Optic Terminal (FaT)
equipment, Multiplexing, and fiber required to terminate the optical signal
provided by Qwest. Qwest is responsible for providing corresponding
FOT(s), Multiplexing, and fiber required to terminate the optical signal
provided by Nevada Wireless.
The Parties shall, wholly at their own expense, procure,
install , and maintain the FOT(s) in each of their locations where the
Parties establish a Fiber Meet with capacity sufficient to provision and
maintain all trunk groups. The Parties shall mutually agree on the
capacity of the FOT(s) to be utilized based on equivalent DS1s and DS3s
necessary for transport of forecasted local Interconnection trunking. Each
Party will also agree upon the optical frequency and wavelength
necessary to implement the Interconnection.2.2 Qwest agrees to provide local Interconnection trunk diversity to the same
extent it does so in Qwest's local network.
Exchange of Traffic
Description
Reciprocal traffic exchange addresses the exchange of traffic between
Nevada Wireless s network and Qwest's network. Reciprocal traffic exchange covered
by this Agreement is for Wireless Interconnection for CMRS Carriers only in association
with CMRS two-way services. Other Interconnections are covered by a separate
agreement or Tariff. Wireless two-way Interconnection is intended for Wireless to
Wireline or Wireline to Wireless, but not Wireline to Wireline communications. For
purposes of this Agreement, Fixed Wireless is considered a Wireline architecture. The
Wireless Interconnection provided shall not be used to terminate other types of traffic on
Qwest's network, such as Wireline originated traffic. Where either Party interconnects
and delivers traffic to the other from third parties, each Party shall bill such third parties
the appropriate charges pursuant to its respective Tariffs or contractual offerings for
such third party terminations. Unless otherwise agreed to by the Parties, by an
amendment to this Agreement, the Parties will directly exchange traffic between their
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respective networks without the use of third party transit providers.
Depending upon Nevada Wireless s needs and the technical capability
and location of Qwest switches, various Wireless Interconnections and service
arrangements are possible. Wireless Interconnection service arrangement requires, at a
minimum, a connection to those Access Tandems in each LATA where Nevada Wireless
originates or terminates traffic, by using Type 2A Interconnections. When total traffic
volumes of all End Offices subtending a Local Tandem or to an individual End Office
reach 512 CCS, the Nevada Wireless may be required to interconnect to the Local
Tandem or End Office.
The traffic types to be exchanged under this Agreement include:
Local Traffic as defined in this Agreement.
6.2.Non-Local traffic as defined in this Agreement.
Agreement.
Jointly Provided switched Access Traffic as defined in this
3.4 Transit Traffic as defined in this Agreement.1.4 Traffic having special billing or trunking requirements includes, but are not
limited to, the following:
1.4.Directory Assistance
1.4.911/E911
1.4.Toll and Assistance Operator Services
1.4.4 Toll Free Services; and
1.4.ISP Bound Traffic.
Toll Blocking Service is a Selective Class of Call Screening (CustomNet).
Selective Class of Call Screening restricts, by operator screen identification , outgoing toll
calls from trunks to collect, third party billed , and/or credit card calls only. Direct dialed
calls to Directory Assistance, 800/877/888, E911/911 , 950, and Qwest Repair are
permitted. It is available when Nevada Wireless sends its traffic on outgoing Ancillary
Trunks.
Billed Number Screening allows Nevada Wireless the capability of
restricting incoming collect and/or third number billed calls from being billed to their
Ancillary Trunks. Although these lines are outgoing trunks, the capability does exist to
terminate a collect and/or third number billed call to the line. Other long distance
companies mayor may not subscribe to Billing Validation or recognize the billed number
screening indicator. Therefore, calls placed on other long distance company networks
may complete and bill collect and/or third number billed calls to the Nevada Wireless
account. Qwest is not responsible for any calls completed on other long distance
company networks.
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Wireless Interconnection Requirements
As a part of the Wireless Interconnection requirements, Nevada Wireless will establish Type 2
trunk groups to the Qwest Access Tandem or End Office switch(es), as required.
Type 2A Interconnections
Type 2A Local Tandem Interconnection
The Type 2A Local Tandem Interconnection links Nevada
Wireless s POI to a Qwest Local Tandem and is used for the exchange of
Local Traffic between Nevada Wireless and NXXs served by the End
Offices subtending the Local Tandem. This Interconnection arrangement
carries both first routed direct final traffic and traffic overflowed on an
alternate final basis from a Type 28 Primary High Use Interconnection
arrangement. A separate Type 2A Access Tandem Interconnection is
needed in conjunction with a Type 2A Local Tandem Interconnection for
the exchange of Non-Local Exchange Access and Jointly Provided
switched Access.
Type 2A Access Tandem Interconnection
The Type 2A Access Tandem Interconnection links
Nevada Wireless s POI to a Qwest Access Tandem for the exchange of
Non-Local , Exchange Access and Jointly Provided switched Access
traffic. In some circumstances , the Nevada Wireless may also choose to
use a Type 2A Access Tandem connection for the exchange of Local
Traffic. A Type 2A Access Tandem connection can be configured in
either of the following ways: 1.) as a separate trunk group for
Local/lntraLA T A and Non-Local excluding Jointly Provided switched
Access and a second trunk group for Jointly Provided switched Access or
) as a single combined trunk group for Local/lntraLATA/Non-Local/and
Jointly Provided switched Access. Wireless Interconnection service
arrangement requires connection to those Access Tandems in each
LATA where Nevada Wireless has originating or terminating traffic.
Type 2A Equal Access Interconnection
This direct final route trunk group is used for the delivery of
Interexchange Carrier switched Access Traffic. It is an Interconnection
with inband signaling or out of band signaling, where available, using
Feature Group D signaling protocol between Nevada Wireless s POI and
the Access Tandem serving the area in which the POI is located. The
service enables Nevada Wireless s End User Customers to use their pre-
subscribed Interexchange Carrier of choice. Equal Access trunks are
available as one way out (mobile to land) and are not available as one
way in (land to mobile), two way or for paging trunks.
Type 28 Interconnections
Type 28 Primary High Use Interconnection
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The Type 2B Primary High Use Interconnection is a two-
way trunk group Interconnection between Nevada Wireless s POI and a
Qwest End Office, within the same LATA. Nevada Wireless must
designate a Type 2A Trunk Group to a Qwest Local Tandem or Access
Tandem switch for overflow. Type 2B Primary High Use service is only
available in conjunction with an associated Type 2A service and is offered
only where facilities and operating conditions permit. Nevada Wireless
and Qwest's Local Traffic can be exchanged over this Interconnection.
Nevada Wireless will not route ancillary traffic or traffic terminating to
Interexchange Carriers via Feature Group B, C, or D through the Type 2B
Primary High Use Interconnection. Type 2B Primary High Use trunks are
required when actual busy hour traffic exceeds 512 CCS to a Qwest End
Office.
2.2.Type 2B Full Group Service Interconnection
The Type 2B Full Group Service is a direct final , two-way
trunk group connection between Nevada Wireless POI and a Qwest End
Office , within the same LATA. Each 2B Full Group serves only the
individual End Office. Overflow capability to an alternative trunk group is
not available with a Type 2B Full Group configuration. Only traffic
destined to telephone numbers associated with the Qwest End Office and
the Nevada Wireless s POI may be exchanged on this trunk group.
Type 2D Interconnection
Type 2D Interconnection is a direct final route trunk group
between a Nevada Wireless Point of Interconnection and the Operator Services
Tandem for the delivery of calls (Le. Directory Assistance, National Directory
Assistance, Operator Services). Type 2D Interconnection is a direct route to the
Operator Services Tandem only. Type 2D trunks are available as one way out
mobile to land (to the Qwest Operator Tandem); they are not available as one
way in or for paging. Qwest offers Signaling System 7 (SS7) and Multi-frequency
(MF) signaling on Type 2D Interconnection.
2.4 Ancillary Interconnection
2.4.One-way mobile to land trunk group connection between the
Nevada Wireless POI and the Qwest Serving Wire Center of the POI which
includes Qwest common transport to terminate calls for miscellaneous traffic
including: Directory Assistance, Operator Services (collect, credit card and Third
Party Billed), Toll Free Services, 911 , InterLATA Toll Services.
Trunking Requirements
The Parties will provide designed Interconnection facilities that meet the
same technical criteria and service standards, such as probability of blocking in peak
hours and transmission standards, in accordance with current industry standards.
Two-way trunk groups will be established wherever possible and where
the Qwest switch can support the rating and billing of mobile to land traffic. Separate
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trunk groups will be established based on billing, signaling, and network requirements.
3 Although, two-way trunk groups are the preferred method of
Interconnection, one-way trunk groups may be established. If either Party elects to
provision its own one-way trunks for delivery of Local Traffic to be terminated on the
other Party s network, the other Party must also provision its own one-way trunks to the
extent that traffic volumes warrant.3.4 Trunk group connections will be made at a DS1 or multiple DS1 level.
Ancillary service trunk groups may be made at either a DS1 or DSO level.
5 Host-Remote. When a Qwest Wire Center is served by a remote End
Office switch, Nevada Wireless may deliver traffic to the host Central Office or to the
Tandem. Nevada Wireless may deliver traffic directly to the remote End Office switch
only to the extent Qwest has arranged similar trunking for itself or others. For remote
switches that currently lack direct trunking capability, Qwest will accept Bona Fide
Requests for Trunk Side access.
Nevada Wireless is responsible to provide notification to all Carriers in the
Local Calling Areas of Nevada Wireless s change in routing when the Nevada Wireless
chooses to route its traffic in accordance with one of the following Qwest Interconnection
trunking options:
Nevada Wireless may interconnect at either the Qwest Local
Tandem switch or the Qwest Access Tandem switch for the delivery of local
exchange traffic. When Nevada Wireless is interconnected at the Access
Tandem switch and where there would be a DS1's worth of Local Traffic (512
CCS) between Nevada Wireless switch and those Qwest End Offices
subtending a Qwest Local Tandem switch, Nevada Wireless will order a direct
trunk group to the Qwest Local Tandem switch.
Qwest will allow Interconnection for the exchange of Local
Traffic at Qwest's Access Tandem switch without requiring
Interconnection at the Local Tandem switch, at least in those
circumstances when traffic volumes do not justify direct connection to the
Local Tandem switch; and regardless of whether capacity at the Access
Tandem switch is exhausted or forecasted to exhaust.
To the extent Qwest is using a specific End Office to deliver
limited Tandem switching functionality to itself, a Wireless Service Provider
Nevada Wireless, or another ILEC, it will arrange the same trunking for Nevada
Wireless.
The Parties will provide Common Channel Signaling (CCS) to one
another in conjunction with all trunk circuits, except as provided below.
6.2.The Parties will provision all trunking using SS7/CCS capabilities.
Redundant MF signaling networks will not be provided unless specifically called
for in this Agreement. Exceptions to this arrangement would be limited to
Operator Services trunking, Directory Assistance trunking, 911 trunking and any
others currently available in the Qwest network only on MF signaling. When the
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SS7/CCS option becomes available in the Qwest network for said trunking, the
Parties will provision new trunks using SS7. In addition, the Parties will jointly
work to convert existing trunking to SS7 , as appropriate.
Qwest and Nevada Wireless are required to provide each otherthe proper signaling information (e., originating call party number and
destination call party number, etc.) to enable each Party to issue bills in a
complete and timely fashion. All CCS signaling parameters will be provided
including Calling Party Number (CPN), valid Automatic Number Identification
(ANI), Originating Line Information (OLl), calling party category, charge number
etc. All privacy indicators will be honored.
When the Parties interconnect via CCS for Jointly Provided
switched Access Service, the Tandem provider will provide MF/CCS interworkingas required for Interconnection with Interexchange Carriers who use
signaling.
Terms and Conditions
2.4.Transport and Termination of Local Traffic.
2.4.Local Traffic will be exchanged as Type 2 Service.
2.4.As negotiated between the Parties, the transport of Local Traffic
may occur in several ways. The Parties may purchase transport services from
each other or from a third party including a third party that has leased the Private
Line Transport Service facility from Qwest. Such transport provides a
transmission path for the Type 2 trunk to deliver the originating Party s Local
Traffic to the terminating Party s End Office or Tandem for call termination. This
Section is not intended to expand either Party s obligation under Section 251 (a)
of the Act.6.2.4.Based on forecasted or actual traffic at Nevada Wireless
busy hour in centum call seconds (ccs), where there is a DS 1's worth of traffic
(512 ccs) between Nevada Wireless s POI and a Qwest End Office or Local
Tandem, Nevada Wireless will order a dedicated trunk group from Nevada
Wireless s POI directly to the Qwest End Office or Local Tandem.
2.4.1.4 Trunking ordered to a Tandem or End Office switch will be
provided as Direct Trunked Transport between the Serving Wire Center of the
Nevada Wireless s POI and the Tandem or End Office.
2.4.If Direct Trunked Transport is greater than fifty (50) miles in
length, and existing facilities are not available in either Party s network, and the
Parties cannot agree as to which Party will provide the facility, the Parties will
bring the matter before the Commission for resolution on an Individual Case
Basis.
2.4.Non-Local Traffic
2.4.1 Non-Local Traffic will be exchanged over Type 2 facilities and
usage will be rated using the FCC's Access Tariff and the applicable switched
Access rates.
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2.4.4
2.4.
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Transit Traffic
2.4.Qwest will accept traffic originated by Nevada Wireless for
termination to a CLEC, ILEC, or another Wireless Carrier that is connected to
Qwest's local and/or Access Tandems and whose switch sub-tends Qwest's
network per the LERG. Qwest will also terminate traffic from these other
Telecommunications Carriers to Nevada Wireless.
2.4.To the extent technically feasible , the Parties involved in
transporting Transit Traffic will deliver calls to each involved network with
CCS/SS7 Protocol and the appropriate ISUP/TCAP messages to facilitate full
interoperability and billing functions.
2.4.3.Except as noted in Section 6.2.4.3.4 below, the originating
company is responsible for the provisioning of billable usage data and/or billable
records and payment of appropriate rates to the both the transit company and to
the terminating company. The transit company may waive the data and/or record
provisioning requirement at its option. In no event shall the transit company be
obligated to pay termination charges to any other carrier. The transit company
shall have the option of receiving the originating usage data in either report
format or billable record format. If the transit company elects to receive billable
records, the record format shall be in accordance with industry standard
Category 11-01 record format.
2.4.3.4 In the case of InterMTA Exchange Access (IntraLATA Toll) calls
which flow from the End User Customer of a LEC, transit Qwest facilities and
terminate to the Wireless Company, and where Qwest is the 1 + presubscribed
IntraLATA Toll provider for End User Customers who originate such calls, Qwestwill be responsible for payment of appropriate termination charges to the
terminating company. In no other event will the transit company be obligated to
pay termination charges to any other carrier.
2.4.When Qwest receives an unqueried call from Nevada Wireless to
a number that has been ported to another Telecommunications Carrier, the
transit and query rates will apply.
Jointly Provided switched Access
2.4.4.The Parties will use industry standards developed to handle the
provisioning and billing of Jointly Provided switched Access (MECAB, MECOD
and the appropriate Access Tariffs). Each Party will bill the IXC the appropriate
portion of its switched Access rates. Qwest will also provide the one-time
notification to Nevada Wireless of the billing name, billing address and the
Carrier Identification Codes (CIC) of the IXCs subtending any Access Tandems
to which Nevada Wireless directly connects. This type of traffic is discussed
separately in this Section.
Interface Code Availability
6.2.4.Supervisory signaling specifications, and the applicable Network
Channel Interface codes for Type 2 trunks , are the same as those defined in
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Telcordia Reference Documents GR-145-CORE and BR-795-403-100.
2.4.Signaling Options
2.4.SS7 Out of Band Signaling
2.4.1 "Signaling System 7 Out of Band Signaling" or "SS7
Signaling" mE)ans the Common Channel Signaling (CCS) protocol used to
digitally transmit call set-up and network control data over a special
signaling network fully separate from the public voice switched Network
Elements that carry the actual call. For purposes of this Agreement, the
terms "CCS" and "SS7" shall be interchangeable. SS7 Signaling should
be the signaling of choice for Type 2 trunks where technically feasible for
both Parties. SS7 signaling may be used on Type 2 Equal Access Trunks
in an office where the SS7 Cell Feature has been deployed. Common
Channel Signaling Access Capability Service may be obtained throughthe following options: (a) via an Unbundled Network Element
Amendment, (b) a finished service as defined in the Qwest FCC Tariff No.
, or (c) from a third party Signaling provider. Qwest and Nevada
Wireless, will provide for Interconnection of their signaling network for the
mutual exchange of signaling information in accordance with the industry
standards as described in Telcordia documents, including but not limited
to GR-905 CORE, GR-954 CORE , GR-394 CORE and Qwest Technical
Publication 77342.
6.2.4.Multi-Frequency Address Signaling" or "MF Signaling
6.2.4.6.2.MF Signaling is a signaling method used to transmit
address information and other information over voice frequency
transmission facilities. It is also referred to as in-band signaling. Where
SS7 signaling is not available or not technically feasible by both Parties,
inband Multi-Frequency (MF) wink start signaling will be used. When the
SS7 option becomes available in both networks, the Parties will jointly
work to convert existing MF Signaling to SS7.
2.4.Clear Channel Capability
2.4.Clear Channel Capability (64CCC) permits 24 DSO-
Kbps services or 1.536 Mbps of information on the 1.544 Mbps/s line rate.
64CCC is available for Type 2 trunks equipped with SS7 Out-of-Band
Signaling. 64CCC must be requested on the order for the new Type 2
trunks. Qwest will provide Nevada Wireless with a listing of Qwest
Tandems fully capable of routing 64CCC traffic through the Qwest
website: http://www.qwestcom/disclosures.Where available to Qwest
Qwest will provide Nevada Wireless with the same 64CCC on an
alternate route or if necessary via an overlay network.
2.4.Measurement of Terminating Local Minutes
2.4.Measurement of terminating Local minutes begins when the
calling Party s switch receives answer supervision from the called Party s switch
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indicating the called Party has answered. The measurement of terminating call
usage over Type 2 trunks ends when the calling Party switch receives
disconnect supervision from either the called Party s switch, indicating the called
Party has disconnected , or the calling Party s switch , indicating the calling Party
has disconnected , whichever is recognized first by the calling Party s switch.
This is commonly referred to as "Conversation Time." The Parties will only
charge for actual minutes of use and/or fractions thereof of completed calls.
Minutes of use are aggregated at the end of the billing cycle by End Office and
rounded to the nearest whole minute.
2.4.Type 2 Forecasting
2.4.Both Nevada Wireless and Qwest shall work in good faith to
define a mutually agreed upon forecast of Type 2 trunking.
2.4.Both Parties shall have the obligation to participate in joint
planning meetings at semi-annual intervals to establish trunk design and
provisioning requirements. The Parties agree to provide mutual trunk forecast
information to ensure End User Customer call completion between the Parties
networks. Such forecasts shall be for Type 2 trunking, which impacts the switch
capacity and facilities of each Party.
2.4.switch capacity growth jobs requiring the addition of new switching
modules may require six months for order and install. To align with the
timeframe needed to provide for the requested facilities, including engineering,
ordering, installation and make ready activities, the Parties will utilize Qwest
standard forecast timelines , as defined in the standard Qwest Type 2 Trunk
Forecast Forms for growth planning. For capacity growth , Qwest will utilize
Nevada Wireless semi-annual forecasts and near-term demand submitted on
Unforecasted Demand Notification Form to ensure availability of switch capacity.
2.4.8.4 Each Party will utilize the forecast cycle outlined on the Qwest
Type 2 Trunk Forecast Forms , which stipulates that forecasts be submitted on a
semi-annual basis. The forecast will identify trunking requirements for a two-year
period. From the semi-annual close date as outlined in the forecast cycle, the
receiving Party will have one (1) month to determine network needs and place
vendor orders which require a six (6) month minimum to complete the network
build. Seven (7) months after submission of the initial forecast, Qwest will have
the necessary capacity in place to meet the Nevada Wireless forecast. After the
initial Forecast, Qwest will ensure that capacity is available to meet Nevada
Wireless s needs as described in the Nevada Wireless forecasts.
2.4.8.Both Parties will follow the forecasting and provisioning
requirements of this Agreement for the appropriate sizing of trunks, and use of
direct End Office vs. Tandem routing.
2.4.In the event of a dispute regarding forecast quantities, the Parties
will make capacity available in accordance with the lower forecast, while
attempting to resolve the matter informally. If the Parties fail to reach resolution
the Dispute Resolution provision of this Agreement shall apply.
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2.4.Joint planning meetings will be used to bring clarity to the process.
Qwest shall work cooperatively with Nevada Wireless in determining proper
volumes of Interconnection facilities through joint, cooperative planning sessions.
Each Party will provide adequate information associated with the Qwest Type 2
Trunk Forecast Forms in addition to its forecasts. No later than two weeks prior
to the joint planning meetings, the Parties shall exchange information to facilitate
the planning process. Both Parties shall provide information on major network
projects anticipated for the following year that may impact the other Party
forecast or Interconnection requirements Qwest shall provide Nevada Wireless a
report reflecting then current spare capacity at each Qwest switch that may
impact the Interconnection traffic. Qwest shall also provide a report reflecting
then current blocking of local direct and alternate final trunk groups
Interconnection and non-Interconnection alike. Nevada Wireless will be provided
Interconnection trunk group data on its own trunks. The information is Qwest-
proprietary, provided under non-disclosure and is to be used solely for
Interconnection network planning.
2.4.
provide:
In addition to the above information , Nevada Wireless shall
(a)
(b)
Completed Qwest Type 2 Trunk Forecast Forms; and
Any planned use of an alternate Local Tandem Provider.
2.4.In addition to the above information, the following information willbe available through the Local Exchange Routing Guide (LERG) or the
Interconnections (ICONN) Database. The LERG is available through Telcordia.
ICONN is available through the Qwest Web site located at:
http://www.qwestcom/coi-bin/iconn/iconn.
(a)
(b)
Qwest Tandems and Qwest End Offices (LERG);
CLLI codes (LERG);
(c)
(d)
Business/Residence line counts (ICONN);
switch type (LERG or ICONN); and
(e)Current and planned switch generics (ICONN).
Qwest will notify Nevada Wireless six (6) months prior to LERG amendment, the
anticipation of a new Local Tandem switch.
2.4.10 Qwest Network Disclosure of deployment information for specific
technical capabilities (e., ISDN deployment, 64 CCC, etc.) shall be provided on
Qwest's web site http://www.qwestcom/disclosures
2.4.11 When appropriate, Qwest will notify Nevada Wireless through the
Qwest Trunk Group Servicing Request (TGSR) process of the need to take
action and place orders in accordance with the forecasted trunk requirements.
Nevada Wireless shall respond to the TGSR within ten (10) business Days of
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receipt.
2.4.The following terms shall apply to the forecasting process:
2.4.12.Nevada Wireless forecasts shall be provided to Qwest as
detailed in the standard Wireless Type 2 Trunk Forecast Form.
2.4.12.Nevada Wireless forecasts provided to Qwest, information
provided by Nevada Wireless to Qwest outside of the normal forecasting
process to modify the forecast, and forecasting information disclosed by
Qwest to Nevada Wireless shall be deemed Confidential Information and
the Parties may not distribute , disclose or reveal , in any form , this
material other than as allowed and described in subsections 5.16.1 and
16.
2.4.13 If a trunk group is consistently utilized (trunks required over trunks
in service) at less than fifty percent (50%) of rated busy hour capacity each
month of any consecutive three (3) month period, Qwest will notify Nevada
Wireless of Qwest's desire to resize the trunk group. Such notification shall
include Qwest's information on current utilization levels. If Nevada Wireless does
not submit an ASR to resize the trunk group within thirty (30) calendar Days of
the written notification, Qwest may reclaim the unused facilities and rearrange
the trunk group. When reclamation does occur, Qwest shall not leave the
Nevada Wireless assigned trunk group with less than twenty five percent (25%)
excess capacity. Ancillary trunks are excluded from this treatment.
2.4.14 Each Party shall provide a specified point of contact for planning,
forecasting and trunk servicing purposes.
2.4.15 Interconnection facilities provided on a route that involves
extraordinary circumstances may be subject to the Construction Charges, as
detailed in Section 19 of this Agreement. When Qwest claims extraordinary
circumstances exist, it must apply to the Commission for approval of such
charges by showing that Nevada Wireless alone is the sole cause of such
construction. Qwest shall initiate such proceeding within ten (10) calendar Days
of notifying Nevada Wireless in writing that it will not construct the requested
facilities, or within ten (10) calendar Days of notice from Nevada Wireless in
writing that Qwest must either commence construction of the facilities or initiate
such proceeding with the Commission. In this proceeding, Qwest shall not object
to using the most expeditious procedure available under state law, rule or
regulation. Qwest shall be relieved of its obligation of constructing such facilities
during the pendency of the proceeding before the Commission. If the
Commission approves such charges, Qwest and Nevada Wireless will share
costs in proportion to each Party s use of the overall capacity of the route
involved. Qwest and Nevada Wireless may also choose to work in good faith to
identify and locate alternative routes that can be used to accommodate Nevada
Wireless forecasted build. Extraordinary circumstances include, but are not
limited to, natural obstructions such as lakes, rivers, or steep terrain , and legal
obstructions such as governmental, federal , Native American or private rights of
way. The standard Qwest forecast period of six (6) months may not apply under
these circumstances. Construction Charges shall not apply in the event that
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construction is an augment of an existing route.
2.4.Testing
2.4.Acceptance Testing. At the time of installation of a Type 2 trunk
group, and at no additional charge, acceptance tests will be performed to ensure
that the service is operational and meets the applicable technical parameters.
2.4.Testing Capabilities
2.4.Type 2 acceptance testing is provided where equipment is
available, with the following test lines: seven-digit access to balance (100
type), milliwatt (102 type), nonsynchronous or synchronous, automatic
transmission measuring (105 type), data transmission (107 type), loop-
around, short circuit, open circuit, and non-inverting digital loopback (108
type), and such other acceptance testing that may be needed to ensure
that the service is operational and meets the applicable technical
parameters.
2.4.In addition to Type 2 acceptance testing, other tests are
available (e.g., additional cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled
testing, and non-scheduled testing) at the applicable rates found in
Exhibit A, Miscellaneous Charges. Testing fees will be paid by Nevada
Wireless when requesting testing.
2.4.Repair Testing. At the time of repair of a Type 2 trunk
group, at no additional charge , tests will be performed to ensure that the
service is operational and meets the applicable technical parameters.
2.4.10 Mileage Measurement. Where required , the mileage measurement for
Type 2 rate elements is determined in the same manner as the mileage measurement
for V & H methodology as outlined in NECA Tariff No.
Reciprocal Compensation
Interconnection Facility Options
The Reciprocal Compensation Provisions of this Agreement shall apply to
the exchange of Local Traffic between Nevada Wireless s network and Qwest's network.
Where either Party interconnects and delivers traffic to the other from third parties, each
Party shall bill such third parties the appropriate charges pursuant to its respective
Tariffs, Price Lists or contractual offerings for such third party terminations. Absent a
separately negotiated agreement to the contrary, the Parties will directly exchange traffic
between their respective networks without the use of third party transit providers.
Entrance Facilities
Recurring and nonrecurring rates for Entrance Facilities are
specified in Exhibit A and will apply for those DS1 or DS3 facilities dedicated to
use by Type 2 Service.
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If Nevada Wireless chooses to use an existing facility purchased
as Private Line Transport Service from the state or FCC Access Tariffs, the rates
from those Tariffs will apply.
Collocation
Interconnection may be accomplished through the Collocation
arrangements offered by Qwest. The terms and conditions under which
Collocation will be available are described in Section 7 of this Agreement.
1.4 Direct Trunked Transport is available as follows:
1.4.Direct Trunked Transport (DTT) is available between the Serving
Wire Center of the POI and Qwest's Tandem or End Office switches. The
applicable rates are described in Appendix A. DTT facilities are provided as
dedicated DS3 or DS1 facilities.
1.4.Mileage shall be measured for DTT based on V&H coordinates
between the Serving Wire Center of the POI and the Qwest Tandem or End
Office.
1.4.Fixed and Per Mile Charges per DS1 and per DS3 are applicable
and are defined for DTT in Appendix A of this Agreement.
Trunk Nonrecurring Charges
Installation nonrecurring charges may be assessed by the provider for
each Type 2 trunk ordered. Qwest rates are specified in Exhibit
Nonrecurring charges for rearrangement may be assessed by the
provider for each Type 2 trunk rearrangement ordered, at one-half the rates specified in
Exhibit A.
Miscellaneous Charges
Cancellation charges will apply to cancelled Type 2 trunk orders, based
upon the critical dates, terms and conditions in accordance with the Access Service
Tariff Section 5., and the Trunk Nonrecurring Charges referenced in this Agreement.
Expedites for Type 2 trunk orders are allowed only on an exception basis
with executive approval within the same timeframes as provided for other designed
services. When expedites are approved, expedite charges will apply to TYPE 2 trunk
orders based on rates , terms and conditions described in Exhibit A.
Construction charges are described in Section 19 and charges are
contained in Exhibit A of this Agreement.
Miscellaneous Charges are defined in the Definitions Section.
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Multiplexing
3.4.
Exhibit A.
Multiplexing options (DS1/DS3 MUX) are available at rates described in
Facilities Credit
When Nevada Wireless leases facilities from Qwest for Entrance Facility
(EF), Direct Trunked Transport (DTT) and Multiplexing, Qwest's charges shall be
adjusted to account for the portion of the facility used to transport traffic originated by
Qwest's End User Customers to Nevada Wireless, as follows.
A credit will be calculated by multiplying the sum of the total
monthly two way channel facility for the EF, DTT, and multiplexer state specific
charges by a Percent Local Usage 28(PLU 28) factor of 0.185 (eighteen and one
half percent). This PLU 28 factor can be updated every six months subject to
review and validation by Qwest, based on a three-month study of actual usage of
Qwest originated land to mobile traffic to total traffic exchanged between the
Parties. This factor will be supplied to Qwest thirty (30) Days prior to its effective
date. If Nevada Wireless does not supply a new factor, the previous factor will
remain in effect until the next update. This credit will be applied each month for
the term of this Agreement.
The Parties agree that the Facilities Credit is intended to apply
only to 2-way Type 2 Interconnection facilities.
Local Traffic
End Office Call Termination
The per minute of use call termination rates as described in
Exhibit A of this Agreement will apply reciprocally for Exchange Service
MT AlLocal Traffic terminated at a Qwest or Nevada Wireless End Office.
For purposes of call termination , Nevada Wireless switch(es) shall
be treated as End Office switch(es) unless Nevada Wireless switch(es) meet the
definition of a Tandem switch as described in the Definitions Section of this
Agreement.
Neither Party shall be responsible to the other for call termination
charges associated with third party traffic that transits such Party's network.
Tandem switched Transport
For traffic delivered through a Qwest or Nevada Wireless Tandem
switch (as defined in this Agreement), the Tandem switching rate and the
Tandem transmission rate in Exhibit A shall apply per minute in addition to the
End Office call termination rate described above.
Mileage shall be measured for the Tandem transmission rate
elements based on V&H coordinates between the Tandem and terminating End
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Office.
When a Party terminates traffic to a remote switch Tandem
transmission rates will be applied for the mileage between the host switch and
the Qwest remote switch as long as the identity of each is filed in the NECA 4
Tariff.
3 Nevada.Wireless may choose one (1) of the following two (2) options for
the exchange of traffic subject to Local Traffic rates. Exhibit J identifies the Nevada
Wireless rate election.
The rates applicable to local , non-Transit Traffic between Qwest
and Nevada Wireless shall be the same as the rates established for ISP Bound
Traffic pursuant to Section 6.10.3. Such rate for ISP Bound Traffic will apply
to Local Traffic in lieu of End Office Call Termination rates and Tandem switched
Transport rates.
Compensation rate for Local Traffic shall be as established by the
Commission. The Parties shall cooperate in establishing a process by which
Local Traffic and ISP Bound Traffic will be identified in order to compensate one
another at the appropriate rates and in a prompt manner.
Billing for Qwest - Originated Local Traffic
Nevada Wireless may receive payment for Qwest originated Local Traffic
it terminates by either: (1) using Reciprocal Compensation Credits, or; (2) Billing Qwest
directly. SS7 signaling is a prerequisite for direct billing. The Reciprocal Compensation
Credits method will be the billing method used unless written notification is made to
Qwest from Nevada Wireless indicating the election of direct billing. Such notification
shall be made at least ninety (90) Days in advance, and both Parties shall agree on the
format and content of the bill at least thirty (30) Days prior to commencement of such
billing. If Nevada Wireless cannot provide appropriate billing detail , as per the agreed
upon content and format, billing will remain as Reciprocal Compensation Credits.
Reciprocal Compensation Credit for Qwest - Originated Traffic
Each Party will compensate the other for its traffic terminating to
the other Party s End User Customers. Nevada Wireless s rate for Qwest's
Reciprocal Compensation Credit will be based upon either (i) End Office
switching rate, and Tandem rates if Nevada Wireless switch(es) meet the
definition of a Tandem switch or (ii) FCC ISP Ordered Rate listed in Exhibit A
dependent on WSP's choice for Local Traffic, as found in Exhibit J. Qwest will
compensate Nevada Wireless for MT AlLocal two-way traffic originated from
Qwest's End User Customers within the LATA. Qwest will not compensate for
paging traffic in this Agreement.
The Reciprocal Compensation Credit shall be calculated as follows.
Step 1 - Determine IntraMTAILocal Use Factor by subtracting the M-L InterMTA
percent factor of 5% from the number one.
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Step 2 - Multiply the measured mobile to land minutes of use terminated on the
Qwest network by using the Percent IntraMT A/Local Use factor of ninety-five
percent (95%).
Step 3 - Divide the total adjusted number of monthly MT A/Local Nevada Wireless
minutes of use terminated on Qwest's network by a PLU 1 factor of (0.
(seventy percent)).
Step 4 - Multiply the total of the calculation in Step 3 by a PLU 2A factor (0.185
(eighteen and one-half percent)), to arrive at the total Qwest IntraMTA/Local
minutes of use terminated on Nevada Wireless s network per month.
Step 5 - Multiply the monthly total by the applicable reciprocal compensation rate
specified in Exhibit A to obtain the Reciprocal Compensation Credit for the
month.
EXAMPLE OF RECIPROCAL CREDIT CALCULA nON
Illustrated Only With Call Termination End Office switching Rate
WSP minutes terminated to Qwest subscribers (M-
Step 5 - Multiply result by End Office switching rate for Reciprocal
Compensation Credit (2 510 714 x $0.00298)
000 000
500 000
571 429
510 714
481.92
Step 1 - Percent IntraMTA/Local Use Factor (1-05)
Step 2 - Adjusted (M-L) IntraMTA MOU's (10 000 000 * .95)
Step 3 - Divide by .70 (PLU 1) factor to arrive at total minutes (9 500 000
70)
Step 4 - Multiply by .185 (PLU 2A) factor to arrive at Qwest minutes to
WSP
Reciprocal Compensation Credit does not include: one-time charges and
Ancillary service charges.
2.4 The Reciprocal Compensation Credit for the month will appear on each
monthly bill to Nevada Wireless as a credit against amounts due and payable.
Reciprocal Compensation Credits will be applied one (1) month in arrears. Any minutes
of use eligible for the Reciprocal Compensation Credit which are adjusted (debit
credit) will directly result in an adjustment in the Reciprocal Compensation Credit.
Requirements for Direct Billing Qwest - Originated Local Traffic
Nevada Wireless may elect to direct bill Qwest. The following are the
requirements for Nevada Wireless to render a bill for Qwest-originated Local Traffic, to
be illustrated in a sample bill mutually agreed upon at least thirty (30) Days prior to
initiating such billing. This sample bill shall also display any additional requirements
agreed upon by both Parties.
Invoices will comply with Billing Output Specifications (BOS). Included in
the detail will be data by End Office, a total page summarizing the charges and minutes
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of use by state and a summary page of charges and total amounts due.
Carriers will exchange billing contacts and telephone numbers.8.4 The invoices will include identification of the monthly bill period (from and
through dates), which will coincide with Qwest bills rendered to Nevada Wireless.
Nevada Wireless will bill Qwest by LATA, by state, based on the
terminating location of the call. Nevada Wireless will display the CLLI code(s) of the
POI.
Number.
Nevada Wireless will assign an Invoice Number and/or Billing Account
Nevada Wireless will provide a Remittance Document including:
remittance address, Invoice Number and/or Billing Account Number, amount due and
Payment Due Date (at least thirty (30) Days from invoice issuance date).
due.
The rendered bill will include a summary of charges and total amounts
Charges incurred during the bill period , including fractional monthly
charges , will be reflected on the next bill. Per unit rates will be displayed for all charges
(usage and/or monthly elements).
Invoice will include all adjustments, credits, debits and payments.10 Invoice will include all applicable taxes and surcharges. Nevada Wireless
will calculate, bill , collect and remit applicable taxes and surcharges to the appropriate
authorities.11 Nevada Wireless s invoices to Qwest will be provided on paper, unless a
mechanized format is mutually agreed upon.12 In no event will charges be billed in excess of ninety (90) Days after such
charges have been incurred.13 Nevada Wireless invoice to Qwest will include only Local Traffic
originating from Owest's Wireline End User Customers, and will not include traffic
originated by any other third party (such as a CLEC, an existing LEC, another Wireless
Carrier, or unknown). Nevada Wireless will exclude ported numbers, before billing
Owest, by utilizing an OBF supported database to differentiate Qwest End User
Customer from ported End User Customers.14 If Nevada Wireless is direct Billing Owest the L-M InterMTA factor will be
applied to the billed land to mobile minutes of use originated from Qwest's network and
terminated to Nevada Wireless and deducted from Qwest total L-M MOU.
Reciprocal Compensation will be paid by Qwest to Nevada Wireless for such traffic.
Owest may bill Nevada Wireless interstate switched Access Tariffed rates for this traffic.
Nevada Wireless s invoice to Qwest will not include switched Access
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Traffic.16 Nevada Wireless s invoice will contain only the agreed upon measured
usage element charges.17 Back up data to the invoice will identify the Qwest End User Customer
NPA NXX from which the call was originated, when requested.
Only completed calls (not attempts) will be billed.
Conversation minutes (not including connect time) will be billed.20 Minutes of Use (MOUs) will be aggregated at the end of the billing period
with the aggregated amount rounded to the nearest whole minute. MOUs will not be
rounded on a per call basis.
Non-Local Traffic
Applicable Qwest switched Access Tariff rates apply to Non-Local Traffic
routed to a Toll/Access Tandem, Local Tandem, or directly to an End Office. Applicable
Qwest switched Access Tariff rates also apply to InterMTA and Roaming traffic
originated by, or terminating to, Qwest. Relevant rate elements could include Direct
Trunked Transport, Tandem switching, Tandem Transmission, and Local switching, as
appropriate.
For billing purposes, if either Party is unable to classify on an automated
basis traffic delivered by Nevada Wireless as Mobile to Land (M-L) InterMT A, traffic
intrastate or interstate, Nevada Wireless will provide Qwest with a Percent M-L InterMTA
factor, which represents the estimated portion of InterMTA traffic and Roaming traffic
delivered by Nevada Wireless. The M-L InterMTA factor is also applied to the measured
mobile to land minutes of use terminated on Qwest's network to determine the portion of
InterMT A minutes to be billed at interstate Access rates.
Nevada Wireless will declare the M-InterMTA factors initially and
updated on a quarterly basis and take effect on January 1 , April 1 , July 1 and October
of each year of this Agreement unless otherwise agreed to by both Parties. Nevada
Wireless will provide the M-L InterMT A factors to Qwest thirty (30) Days prior to their
effective date. If Nevada Wireless does not provide a M-L InterMT A declaration either
initially or quarterly, Qwest will use a default of five percent (5%) for the M-L InterMTA
factor or the last declared M-L InterMTA factors , whichever is greater. Mail all M-
InterMTA declarations to:
Qwest Corporation
Wireless Billing Manager
250 Bell Plaza
Room 601
Salt Lake City, UT 841119.4 For billing purposes, Qwest will use a Land to Mobile (L-M) InterMTA
Percent Factor, which represents the estimated portion of total traffic delivered by Qwest
to Nevada Wireless that terminates (based on the first cell site of the Wireless End User
Customer) outside the MTA in which the call originated. The L-M InterMTA factor will be
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10% unless proven otherwise by Nevada Wireless thirty (30) Days prior to their effective
date. The L-InterMTA factor can be reevaluated (per request from either party)
annually, based upon a study generated by Nevada Wireless and acceptable by both
parties.
If the Reciprocal Compensation Credit method is utilized, the L-
InterMT A factor will be multiplied by the calculated Qwest originated Land to Mobile
Minutes of Use (MOU). Qwest may reduce Reciprocal Compensation Credit LM MOU
and bill Nevada Wireless for the resulting MOU at interstate switched Access Tariff
rates.
ISP Bound Traffic
10.ISP Bound Traffic
10.Qwest elects to exchange ISP Bound Traffic at the FCC ordered
rates pursuant to the FCC's Order on Remand and Report and Order (Intercarrier
Compensation for ISP Bound Traffic) CC Docket 01-131 (FCC ISP Order),
effective June 14, 2001. While the subsections of this 6.11 reference datesthat precede the Effective Date , the Parties agree that the terms of such
subsections apply on a prospective basis, commencing with the Effective Date.
If the Parties were exchanging traffic prior to the Effective Date, then for such
period prior to the Effective Date, the Parties agree to be bound by the terms and
conditions of the FCC ISP order as such order applies to the Interconnection
Agreement (I) that was in effect between the Parties when such order was
adopted , and (ii) pursuant to which the Parties were exchanging such traffic.
10.The following usage-based compensation applies if Qwest and Nevada
Wireless were exchanging traffic pursuant to an Interconnection Agreement as
adoption of the FCC ISP Order, April 18, 2001 :
10.Identification of ISP Bound Traffic: The Parties will presume traffic
delivered to a Party that exceeds a 3: 1 ratio of terminating to originating traffic is
ISP Bound Traffic. Either Party may rebut this presumption by demonstrating the
factual ratio to the state Commission.
10.Growth Ceilings for ISP Bound Traffic: Intercarrier compensation
for ISP Bound Traffic will be subject to growth ceilings. ISP Bound MOUs
exceeding the growth ceiling will be subject to Bill and Keep compensation.
10.For 2001 , a Party will pay compensation for ISP Bound
minutes up to the ceiling equal to, on an annualized basis, the number of
ISP Bound minutes for which it was responsible for payment to the other
Party during first quarter 2001 , plus a ten percent (10%) growth factor.
10.For 2002 and subsequent years , until further FCC action
on Intercarrier compensation, a Party will pay for ISP Bound minutes upto the ceiling equal to the minutes for which it was responsible for
payment to the other Party in 2001 , plus another ten percent (10%)
growth factor.
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10.Rate Caps: ISP Bound Traffic exchanged between Qwest and
Nevada Wireless will be billed in accordance with a state Commission-ordered
compensation rate, or as follows, whichever rate is lowest:
10.Reserved for Future Use.
10.2 $.001 per MOU for eighteen (18) months from December
2001 through June 13 , 2003.
10.3 $.0007 per MOU from June 14 , 2003 until thirty six (36)
months after the effective date or until further FCC action on Intercarrier
compensation, whichever is later.
10.In the event Nevada Wireless and Qwest were not exchanging traffic
pursuant to Interconnection agreements prior to adoption of the FCC ISP Order on April
, 2001, Nevada Wireless and Qwest will exchange ISP Bound Traffic on a Bill and
Keep basis until further FCC action on Intercarrier compensation. This includes Nevada
Wireless expansion into a market it previously had not served.
10.4 Intentionally Left Blank.
Transit Traffic Rates
11.Local Transit:
11.Local Transit is any traffic that originates from one
Telecommunications Carrier s network, transits Qwest's network , and terminates
to yet another Telecommunications Carrier s network within an EAS Local Area.
The applicable Type 2 Tandem switching and Tandem transmission rates at the
assumed mileage contained in Exhibit A of this Agreement, apply to the
originating Party.
11.When Qwest receives an unqueried call from a
Telecommunications Carrier to a number that has been ported to another
Telecommunications Carrier central office within the Local Calling Area
and Qwest performs the query, mileage sensitive Tandem transmission
rates will apply which reflect the distance to the End Office to which the
call has been ported.
11.To determine the responsible originating Carrier of
all calls for billing purposes, Qwest and Nevada Wireless are required to
utilize the Number Portability Administration Center (NPAC) database, or
another database that is supported by Ordering and Billing Forum (OBF).
11.Toll Transit
11.Toll Transit is any traffic that originates from one
Telecommunications Carrier s network, transits Qwest's network, and terminates
to yet another Telecommunications Carrier s network between an EAS Local
area but within the LATA. The applicable Qwest rate contained in Exhibit A of
this Agreement shall apply to the originating Party
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Jointly Provided switched Access Services
12.Jointly Provided switched Access Service is defined and governed by the
FCC and State Access Tariffs , Multiple Exchange Carrier Access Billing (MECAB) and
Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines, and is not
modified by any provisions of this Agreement. Both Parties agree to comply with such
guidelines.
12.Qwest will agree to function as the Access Service Coordinator (ASe) as
defined in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD).
Qwest will provide the operational , technical and administrative support required in the
planning, provisioning and maintenance involved in the joint access provisioning process
to the IXCs. Qwest will be unable to fulfill the role of ASC if Nevada Wireless does not
fully comply with MECOD requirements, including filing Nevada Wireless End Offices
and billed percentages (BPs) in the NECA 4 Tariff.
12.Qwest and Nevada Wireless will each render a separate bill to the IXC,
using the multiple bill, multiple Tariff option.
12.4 A charge will apply for Category 11-01-XX records sent in an EMI
mechanized format. These records are used to provide information necessary for each
Party to bill the Interexchange Carrier for Jointly Provided switched Access Services and
axx database queries. The charge is for each record created and transmitted and is
listed in Exhibit A of this Agreement. The Parties will charge each other the rates set
forth in Exhibit A for record exchange.
12.If Jointly Provided switched Access data is not processed and delivered
by either Party (Qwest or Nevada Wireless) and sent to the other Party within ten
calendar Days of the relevant recording period and in turn such Party is unable to bill the
Interexchange Carrier for the appropriate charges , the Party who failed to deliver the
data will pay the other Party for the amount of the unbillable charges.
12.The applicable switched Access rates will be billed by the Parties to the
IXC based on MECAB guidelines and each Party's respective FCC and state Access
Tariffs.
Signaling Parameters
13.Telecommunications Carriers are required to provide each other the
proper signaling information (e., originating call party number and destination call party
number, etc.) to enable each Party to issue bills in a complete and timely fashion. All
CCS signaling parameters will be provided including Calling Party Number (CPN),
Originating Line Information (OLl), calling party category, charge number, etc. All
privacy indicators will be honored. If Nevada Wireless fails to provide CPN (valid
originating information), and cannot substantiate technical restrictions (Le., MF signaling)
such traffic will be billed as switched Access.
Ordering
6.4.When ordering Type 2 Service, the ordering Party shall specify requirements on
the Access Service Request: (ASR) 1) the type and number of Type 2 Interconnection facilities
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to terminate at the Point of Interconnection in the Serving Wire Center; 2) the type of interoffice
transport, (Le., Direct Trunked Transport or Tandem switched Transport); and 3) any optional
features. When the ordering Party requests facilities , routing, or optional features different than
those determined to be available , the Parties will work cooperatively in determining an
acceptable configuration , based on available facilities, equipment and routing plans.
6.4.For each NXX code assigned to Nevada Wireless by the NANPA, Nevada Wireless
will provide Qwest with the CLLI codes of the Qwest Tandems and Nevada Wireless s Point of
Interface to which traffic associated with the NXX will be routed. For NXX codes assigned to
existing Type 2 trunk groups, Nevada Wireless will also provide Qwest with the Qwest assigned
Two-Six Code aka Trunk Group Serial Number (TGSN) to which each NXX will be routed.
6.4.When Nevada Wireless has a DS3 Entrance Facility or has purchased a DS3
private line facility, Nevada Wireless will order the appropriate DS1 facility required and identify
the channels of the DS3 to be used to provide circuit facility assignments. Also, if Nevada
Wireless has a DS1 Entrance Facility or has purchased a DS1 private line facility, Nevada
Wireless will be responsible for identification of the DSO channels of the OS 1 private line to be
used to provide circuit facility assignment.
6.4.4 A joint planning meeting will precede Nevada Wireless orders for Type 2
Interconnection at new Points of Interconnection (POls). These meetings will result in
agreement and commitment that both Parties can implement the proposed plan and the
transmittal of Access Service Requests (ASRs) to initiate order activity. A Party requesting
Tandem Interconnection will provide its best estimate of the traffic distribution to each End
Office subtending the Tandem.
6.4.5 Service intervals and due dates for initial establishment of trunking arrangements
at each location of Interconnection between the Parties will be determined on an Individual
Case Basis.
6.4.6 Service intervals and due dates for the establishment of subsequent trunking
arrangements for Interconnection between the Parties, will be in accordance with the guidelines
for Type 2 contained in the Wireless Carrier Resource Guide, available on Qwest's web site:
hap:/ /www.Qwest.com/wholesale/pcat/wireless.html
6.4.Nevada Wireless may cancel an order for Type 2 service at any time prior to
notification by Qwest that service is available for Nevada Wireless s use, subject to cancellation
charges described in State Access Tariffs. If Nevada Wireless is unable to accept Type 2
Service within thirty (30) calendar Days after the original service date , Nevada Wireless has the
following options:
6.4.The order for Type 2 Service will be cancelled , and cancellation charges
will apply, or Billing for the service will commence.
6.4.In such instances , the cancellation date or the date billing is to
commence, depending on which option is selected by Nevada Wireless, will be the 31st
calendar Day beyond the original service date of the order for Type 2 Service.
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Section 7
Collocation
SECTION 7.0 - COLLOCATION
Collocation allows for the placing of Telecommunications equipment owned by
Nevada Wireless within Qwest's premises that is necessary for accessing Unbundled Network
Elements (UNEs), Ancillary services, and Interconnection. There are eight types of Collocation
available: Virtual , Caged Physical , Shared Caged Physical, Cageless Physical , Interconnection
Distribution Frame (ICDF) (for access to UNEs or Ancillary services only), Adjacent Collocation
Common Area Splitter Collocation, and Remote Collocation.
Should the Parties desire to establish a Collocation relationship, the Parties will
enter into an Amendment to this Agreement and additional insurance requirements may apply.
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Section 8
Unbundled Network Elements
SECTION 8.0 - UNBUNDLED NETWORK ELEMENTS
Nevada Wireless may order access to Qwest Unbundled Network Elements
(UNEs) via Virtual, Caged Physical, Shared Caged Physical Cageless Physical
Interconnection Distribution Frame (ICDF), Adjacent Collocation Common Area Splitter
Collocation, and Remote Collocation. This access allows Nevada Wireless to connect UNEs to
other Qwest or Nevada Wireless s own Network Elements for the purpose of offering
Telecommunications Services.
Should the Parties desire to establish UNEs, the Parties will enter into an
Amendment to this Agreement.
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SECTION 9.0 - ANCILLARY SERVICES
Local Number Portability
Terms and Conditions
Local Number Portability (LNP) is defined by the FCC as the ability of
users of Telecommunications Services to retain , at the same location , existing
telecommunications numbers without impairment of quality, reliability, or convenience
when switching from one Telecommunications Carrier to another.
Qwest uses the Location Routing Number (LRN) architecture. Under the
LRN architecture, each switch is assigned a unique ten-digit LRN, the first six digits of
which identify the location of that switch. The LRN technology is a triggering and
addressing method, which allows the re-homing of individual telephone numbers to other
switches and ensures the proper routing of calls to ported telephone numbers through
the use of a database and the signaling network. The LRN solution interrupts call
processing through the use of an Advanced Intelligent Network (AIN) trigger, commonly
referred to as the LRN trigger. During this interruption, a query is launched to the LNP
database in the signaling network and the call is re-addressed using the LRN information
for the ported telephone number. The LRN will route the call to the proper switch
destination. The actual routing of the call with either the dialed number, for calls to non-
ported numbers, or the LRN , for calls to ported numbers, observes the rules, protocols
and requirements of the existing Public Office Dialing Plan (POOP).
Terms and Conditions
Each Party will provide Local Number Portability (LNP), also known as
long-term number portability, in a non-discriminatory manner in compliance with the
FCC's rules and regulations and the guidelines of the FCC's North American Numbering
Council's (NANC) Local Number Portability Administration (LNPA) Working Group andthe Industry Numbering Committee (INC) of the Alliance for Telecommunications
Industry Solutions (ATIS). Unless specifically excluded in Section 9.6, all telephone
numbers assigned to an End User Customer are available to be ported through LNP.
Mass calling events shall be handled in accordance with the industry s non-LRN
recommendation (NANC's High Volume Call-In Networks dated February 18, 1998.
Each Party shall use reasonable efforts to facilitate the expeditious
deployment of LNP. The Parties shall comply with the processes and implementation
schedules for LNP deployment prescribed by the FCC. In accordance with industry
guidelines, the publications of LNP capable switches and the schedule and status for
future deployment will be identified in the Local Exchange Routing Guide (LERG).
In connection with the provision of LNP, the Parties agree to support and
comply with all relevant requirements or guidelines that are adopted by the FCC, or that
are agreed to by the telecommunications industry as a national industry standard.2.4 Nevada Wireless may order the LNP Managed Cut, as described
Section 9.5.4.
2.4.Parties understand that LNP order activity may be coordinated in
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order to ensure that the end user is provided with uninterrupted service. If the
Party porting the telephone number experiences problems with its Port, and
needs to delay or cancel the Port, that Party shall notify the other Party
immediately. Parties will work cooperatively and take prompt action to delay or
cancel the Port in accordance with industry (LNPA's Working Group) accepted
procedures to minimize End User Customer service disruptions.
2.4.Parties shall transmit a Port create subscription or Port
concurrence message to the NPAC, in accordance with the FCC's LNPA
Working Group s guidelines. Qwest will routinely send a concurrence message
within the time frames established by the industry.
The Parties agree to implement LNP within the guidelines set forth by the
generic technical requirements for LNP as specified in Section 20 of this Agreement.
Neither Party shall be required to provide number portability for numbers
that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and 976 NXX number
services).
After an end-office becomes equipped with LNP, all NXXs assigned to
that end office will be defined as portable , to the extent Technically Feasible, and
translations will be changed in each Party s switches so that the portable NXXs are
available for LNP database queries. When an NXX is defined as portable, it will also be
defined as portable in all LNP-capable switches that have direct trunks to the end office
associated with the portable NXX.
Each Party shall offer number portability to Customers for any portion of
an existing DID block without being required to Port the entire block of DID numbers.
Each Party shall permit Customers who Port a portion of DID numbers to retain DID
service on the remaining portion of the DID numbers.
At the time of porting a number via LNP from Qwest, Qwest shall ensure
that the LlDB entry for that number is de-provisioned if the Qwest LlDB is not being used
by Nevada Wireless.10 Both Parties agree to follow the LNP switch request process established
by the Parties and in compliance with industry guidelines.11 NXX Migration, or Local Exchange Routing Guide Reassignment
reassigns the entire Central Office Code (NXX) to Nevada Wireless s switch if the code
is used solely for one end user. Where one Party has activated an entire NXX for a
single end user, or activated a substantial portion of an NXX for a single end user with
the remaining numbers in the NXX either reserved for future use or otherwise unused , if
such end user chooses to receive service from the other Party, the first Party shall
cooperate with the second Party to have the entire NXX reassigned to an End Office
operated by the second Party through the NANP administrator. In addition , both Parties
agree to cooperate in arranging necessary updates and industry notification in the LERG
(and associated industry databases, routing tables, etc.). Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead-times (as identified in the LERG and the Central Office Code
Administration guidelines) for movement of NXXs from one switch to another. Other
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applications of NXX migration will be discussed by the Parties as circumstances arise.12 In connection with all LNP requests, the Parties agree to comply with the
National Emergency Number Association (NENA) recommended standards for service
provider Local Number Portability (NENA-02-011).13 Porting of Reserved Numbers. The Customers of each Party may Port
reserved numbers from one Party to the other Party via LNP. Qwest will reserve
telephone numbers in accordance with FCC rules.14 Limits on Subscriber Relocation. Qwest and Nevada Wireless agree that
a Customer may geographically relocate at the same time as it ports its telephone
number, using LNP, to the new service provider; provided, however, that the current
service provider may require that the Customer s relocation at the time of the Port to the
new service provider be limited to the geographic area represented by the NXX of the
ported telephone number. The current service provider may not impose a relocation
limitation on the new service provider or the new service provider s subscribers that is
more restrictive than that which the current service provider would impose upon its own
subscribers with telephone numbers having the same NXX as the telephone number(s)
being ported. In addition , the current service provider may not impose any restrictions
on relocation within the same Rate Center by a ported end user while that end user is
served by the new service provider.
Service Management System (SMS)
Each Party shall sign the appropriate NPAC user agreement(s) and
obtain certification from the appropriate NPAC administrator(s) that the Party or the
Party s Service Order Administration (SOA) and Local Service Management System
(LSMS) vendor(s) has systems and equipment that are compatible with the NPAC'
established protocols and that the application of such systems and equipment is
compatible with the NPAC.
Each Party shall cooperate to facilitate the administration of the SMS.
Database and Query Services
1.4.Qwest shall perform default LNP queries where Nevada Wireless is
unable to perform its own query. Nevada Wireless shall perform default LNP queries
where Qwest is unable to perform its own query. Qwest query services and charges are
defined in Qwest's FCC Tariff #1 , Section 13.19., including End Office and Tandem
Default Query Charges which are contained in Tariff Section 13 (Miscellaneous Service)
and Database Query Charges which are contained in Tariff Section 20 (CCSAC Service
Applications ).
1.4.For local calls to a NXX in which at least one number has been ported via
LNP at the request of Nevada Wireless, the Party that owns the originating switch shall
query an LNP database as soon as the call reaches the first LNP capable switch in the
call path. The Party that owns the originating switch shall query on a local call to a NXX
in which at least one number has been ported via LNP prior to any attempts to route the
call to any other switch. Prior to the first number in a NXX being ported via LNP at the
request of Nevada Wireless , Qwest may query all calls directed to the NXX, subject to
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the billing provisions and provided that Qwest queries shall not adversely affect the
quality of service to Nevada Wireless s Customers or end users as compared to the
service Qwest provides its own Customers and end users.
1.4.3 A Party shall be charged for a LNP query by the other Party only if the
Party to be charged is the N-1 carrier and it was obligated to perform the LNP query but
failed to do so. Parties are not obligated to perform the LNP query prior to the first Port
requested in a NXX.
1.4.4 On calls originating from a Party s network, the Party will populate, if
technically feasible , the Jurisdiction Information Parameter (JIP) with the first six digits of
the originating LRN in the SS7 Initial Address Message.
1.4.Each Party shall cooperate in the process of porting numbers from one
carrier to another so as to limit service outage for the ported subscriber.
Ordering
Both Parties shall comply with ordering standards as developed by the
industry and as described in this Agreement. LNP service is ordered via a Local Service
Request (LSR) and associated Number Portability forms. Nevada Wireless may order
long term number portability either manually or through an electronic interface. The
electronic gateway solution for ordering service is described in this Agreement.
Standard Due Date Intervals. Service intervals for LNP as described
below for simple and complex products. These intervals include the time for Firm Order
Confirmation (FOC). Orders received after 7:00 p.m. (mountain time) are considered the
next business day. The following service intervals have been established for local
number portability:
Telephone Numbers
To Port Interval*
Simple (1 FR/1 FB)3 business days
(includes FOC
24 hr interval)
4 business days
(includes FOC
24 hr interval)
51 or more Project Basis
Complex (PBX
Trunks, ISDN
Centrex)
5 business days
(includes FOC
24 hr interval)
26 or more Project Basis
Most LNP order activity is flow-through , meaning that the ten (10) digit
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unconditional trigger, or line side attribute (LSA) trigger, can be set automatically.
Nevada Wireless may request any Due Date/Frame Due Time (DD/FDT) where the
trigger can be set automatically, although there may be some instances when Qwest orthe Number Portability Administration Center/Service Management System
(NPAC/SMS) will provide prior electronic notice of specific blocks of time which cannot
be used as a DD/FDT due to scheduled maintenance or other circumstances. If the
DD/FDT on a flow-though cut is outside Qwest's normal business hours for LNP, Qwest
will have personnel available in the Repair Center to assist in the event that Nevada
Wireless experiences problems during the cut. In addition , Qwest allows Nevada
Wireless to request a Managed Cut on a 24 X 7 basis in those situations where a cut
would otherwise have been flow-through, but where Nevada Wireless has a business
need to have Qwest personnel dedicated to the cut. The terms and conditions for
Managed Cuts are described in 9.5.4.
Qwest will set the ten (10) digit unconditional trigger for
numbers to be ported , unless technically infeasible, by 11 :59 p.m. (local time) on
the business day preceding the scheduled port date. Qwest will initiate a
managed cut when the 10-digit unconditional trigger or Line Side Attribute (LSA)
cannot be set or when the port request for an account exceeds 2000 telephone
numbers or 200 trunks. Qwest initiated managed cuts scheduled within the
normal business hours are provided at no additional charge. If Nevada Wireless
requests a Frame Due Time (FDT) that is outside the normal business hours, the
terms, conditions and prices of the LNP Managed Cut offering will apply. The ten
(10) digit unconditional trigger and switch translations associated with the end
user customer s telephone number will not be removed, nor will Qwest
disconnect the Customer s billing and account information, until 11 :59 p.m. (local
time) of the next business day after the due date.5.4 LNP Managed Cut: A Managed Cut permits Nevada Wireless to select a
project managed cut for LNP. Managed Cuts are offered on a 24 X 7 basis.
5.4.The date and time for the managed cut requires up-front planning
and may need to be coordinated between Qwest and Nevada Wireless. All
requests will be processed on a first come, first served basis and are subject to
Qwest's ability to meet a reasonable demand. Considerations such as system
downtime, switch upgrades, switch maintenance, and the possibility of other
WSPs requesting the same FDT in the same switch (switch contention) must be
reviewed. In the event that any of these situations would occur, Qwest will
coordinate with Nevada Wireless for an agreed upon FDT, prior to issuing the
Firm Order Confirmation (FOC). In special cases where a FDT must be agreed
upon , the interval to reach agreement will not exceed two (2) Days. In addition
standard intervals will apply.
5.4.Nevada Wireless shall request a Managed Cut by submitting a
Local Service Request (LSR) and designating this order as a Managed Cut in the
remarks section of the LSR form. WSP must also populate Manual IND field with
the letter Y.
5.4.Nevada Wireless will incur additional charges for the Managed
Cut dependent upon the FDT. The rates are based upon whether the request is
within Qwest's normal business hours or out of hours. Qwest's normal business
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hours are 7:00 a.m. to 7:00 p., end user local time, Monday through Friday.
The rate for Managed Cuts during normal business hours is the standard rate.
The rate for Managed Cuts out of hours, except for Sundays and Holidays, is the
overtime rate. Sundays and Holidays are at premium rate.
5.4.4 Charges for Managed Cuts shall be based upon actual hours
worked in one half (Y2) hour increments. Exhibit A of this Agreement contains the
rates for Managed Cuts. Nevada Wireless understands and agrees that in the
event Nevada Wireless does not make payment for Managed Cuts, unless
disputed as permitted under Section 5.4 of the Agreement, Qwest shall not
accept any new LSR requests for Managed Cuts.
5.4.Qwest will schedule the appropriate number of employees prior to
the cut, normally not to exceed three (3) employees, based upon information
provided by Nevada Wireless. Nevada Wireless will also have appropriate
personnel scheduled for the negotiated FOT. If Nevada Wireless s information is
modified during the cut , and , as a result, non-scheduled employees are required
Nevada Wireless shall be charged a three (3) hour minimum callout charge per
each additional non-scheduled employee. If the cut is either cancelled, or
supplemented (supp) to change the due date, within twenty-four (24) hours of the
negotiated FOT, Nevada Wireless will be charged a one person three (3) hour
minimum charge. If the cut is cancelled due to a Qwest error or a new due date
is requested by Qwest , within twenty-four (24) hours of the negotiated FOT
Qwest may be charged by Nevada Wireless one person three (3) hour minimum
charge as set forth in Exhibit A.
5.4.In the event that the LNP Managed Cut LNP conversion is not
successful, Nevada Wireless and Qwest agree to isolate and fix the problem in a
timeframe acceptable to Nevada Wireless or the Customer. If the problem
cannot be corrected within an acceptable timeframe to Nevada Wireless or the
Customer, Nevada Wireless may request the restoral of Qwest service for the
ported Customer. Such restoration shall begin immediately upon request.
Nevada Wireless is in error then a supplemental order shall be provided to
Qwest. If Qwest is in error, no supplemental order or additional order will be
required of Nevada Wireless.
5.4.Qwest shall ensure that any LNP order activity requested in
conjunction with a Managed Cut shall be implemented in a manner that avoids
interrupting service to the end user, including, without limitation , ensuring that the
end user s Qwest Loop will not be disconnected prior to confirmation that
telephone number has been successfully ported.
Maintenance and Repair
Each Party is responsible for its own end users and will have the
responsibility for resolution of any service trouble report(s) from its end users. End User
Customers will be instructed to report all cases of trouble to their Service Provider.
Each Party will provide their respective End User Customers the correct
telephone numbers to call for access to their respective repair bureaus. Each Party will
provide their repair contact numbers to one another on a reciprocal basis.
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Qwest will work cooperatively with Nevada Wireless to isolate and resolve
trouble reports. When the trouble condition has been isolated and found to be within a
portion of the Qwest network, Qwest will perform standard tests and isolate and repair
the trouble within twenty-four (24) hours of receipt of the report.6.4 Qwest will proactively test new switch features and service offerings to
ensure there are no problems with either the porting of numbers or calls from Qwest
Customers to Nevada Wireless Customers with ported numbers or vice versa.
Rate Elements
See Rate Elements in Exhibit A or Qwest's FCC Tariff #1 , as appropriate.
911/E911 Service
Compliance with FCC Docket 94-102 necessitates the integration of
Wireless calls to the E911 network, which is separate from the Type 2 Interconnection.
This E911 connectivity must be between the Wireless Carrier switch and the
appropriate 911 selective router and must include provisions for the delivery of the
Wireless End User Customer s call back telephone number and the location of the
originating cell tower for Phase I and the X, Y coordinate, within 157 meters, of the
calling party in lieu of the originating cell tower location, for Phase II. It is the Wireless
Carriers responsibility to arrange for compliance with this section of FCC 94-102. The
Parties will cooperate in the joint provision of Wireless E911 service, to include the
provisioning of the network and Automatic Location Identification (All)) Database, under
a separate agreement, which is compliant with the requirements of FCC docket 94-102
when a qualifying Public Safety Answering Point (PSAP) requests such service.
Reserved For Future Use
Directory Assistance
Description
9.4.Directory Assistance Service is a telephone number, voice information
service that Qwest provides to its own End User Customers and to other
Telecommunications Carriers. Qwest provides Nevada Wireless non-discriminatory
access to Qwest's Directory Assistance centers, services and Databases. There are
three (3) forms of Directory Assistance Services available pursuant to this Agreement:
Directory Assistance Service, Directory Assistance List Services, and Directory
Assistance Database Service. These services are available with Nevada Wireless-
specific branding, generic branding and Directory Assistance Call Completion Link
options.
9.4.Directory Assistance Service: The published and non-listed
telephone numbers provided within the relevant geographic area are those
contained in Qwest's then current Directory Assistance Database.
9.4.Local Directory Assistance Service: Allows Nevada
Wireless s End User Customers to receive published and non-listed
telephone numbers within the caller s NPAILATA geographic areas
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whichever is greater.
9.4.National Directory Assistance Service: Allows Nevada
Wireless s End User Customers to receive listings from Qwest's Local
Directory Assistance Database and from the database of the National
Directory Assistance Services vendor selected by Qwest. National
Directory Assistance Service includes Local Directory Assistance Service.
9.4.Call Branding Service: Allows Nevada Wireless s End User
Customers to receive the service options listed in 9.4.1 and
9.4.branded with the brand of Nevada Wireless, where
Technically Feasible or with a generic brand. Call Branding announces
Nevada Wireless s name to Nevada Wireless s End User Customer at the
start and completion of the call. Call Branding is an optional service
available to Nevada Wireless.a) Front End Brand: Announces Nevada Wireless s name to
Nevada Wireless s End User Customer at the start of the call.
There is a nonrecurring charge to setup and record the Front End
Brand message.
b) Back End Brand: Announces Nevada Wireless s name to
Nevada Wireless s End User Customer at the completion of the
call. There is a nonrecurring charge to setup and record the Back
End Brand message.c) There is a nonrecurring charge to load Nevada Wireless
branded message in each switch.
Qwest will record Nevada Wireless s branded message.
9.4.1.4 Call Completion Link allows Nevada Wireless s End User
Customers' calls to be returned to Nevada Wireless for completion on
Nevada Wireless s network, where available. There is a recurring charge
per call.
9.4.Directory Assistance List Service: The access to Qwest's directory
listings for subscribers within Qwest's fourteen (14) states for the purpose of
providing Directory Assistance Service to its Local Exchange End User
Customers subject to the terms and conditions of this Agreement. See 9.5 for
terms and conditions relating to the Directory Assistance List Services.
9.4.1.2.If Nevada Wireless elects to build its own Directory
Assistance Service, it can obtain Qwest directory listings through the
purchase of the Directory Assistance List.
9.4.Directory Assistance Database Service: Qwest shall provide
Nevada Wireless non-discriminatory access to Qwest's Directory Assistance
Database or "Directory1" Database, where Technically Feasible, on a "per dip
basis.
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Terms and Conditions
9.4.Qwest will provide Nevada Wireless non-discriminatory access to Qwest'
Directory Assistance Databases, centers and personnel to provide Directory Assistance
Service.
9.4.Qwest's Directory Assistance Database contains only those published
and non-listed telephone number listings obtained by Qwest from its own End User
Customers and other Telecommunications Carriers.
9.4.2.Qwest will provide access to Directory Assistance Service for Facility-
Based Nevada Wirelesss via dedicated Multi-Frequency (MF) Operator Service trunks.
Nevada Wireless may purchase operator service trunks from Qwest or provide them
itself. These Operator Service trunks will be connected directly to a Qwest Directory
Assistance host or remote switch. Nevada Wireless will be required to order or provide
at least one Operator Services trunk for each NPA served.
9.4.2.4 Qwest will perform Directory Assistance Services for Nevada Wireless in
accordance with operating methods, practices, and standards in effect for all Qwest End
User Customers. Qwest will provide the same priority of handling for Nevada Wireless
End User Customer calls to Qwest's Directory Assistance Service as it provides for its
own End User Customer calls. Calls to Qwest's Directory Assistance are handled on a
first come, first served basis , without regard to whether calls are originated by Nevada
Wireless or Qwest End User Customers.
9.4.Call Branding for Directory Assistance will entail recording and setting up
a brand message. Dedicated interoffice facilities are required.
9.4.Call Completion Link requires dedicated interoffice facilities.
9.4.If Nevada Wireless elects to access the Qwest Directory Assistance
Databases on a per dip basis, Qwest will provide to Nevada Wireless the facility and
equipment specifications necessary to enable Nevada Wireless to obtain compatible
facilities and equipment.
9.4.A Reseller Nevada Wirelesss' End User Customers may use the same
dialing pattern to access Directory Assistance Service as used by Qwest's End User
Customers (Le., 411 1+411 , or 1+NPA+555-1212).
10.A Facility-Based Nevada Wireless may choose to have its End User
Customers dial a unique number or use the same dialing pattern as Qwest End User
Customers to access Qwest Directory Assistance operators.
9.4.2.10 Qwest will timely enter into its Directory Assistance Database updates of
Nevada Wireless s listings. Qwest will implement quality assurance procedures such as
random testing for listing accuracy. Qwest will identify itself to End User Customers
calling its DA service provided for itself either by company name or operating company
name or operating company number so that End User Customers have a means to
identify with whom they are dealing.
9.4.10.In accordance with Section 18 Nevada Wireless may request a
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comprehensive audit of Qwest's use of Nevada Wireless s Directory Assistance
listings. In addition to the terms specified in Section 18, the following also apply:
as used herein
, "
Audit" shall mean a comprehensive review of the other Party
delivery and use of the Directory Assistance listings provided hereunder and
such other Party s performance of its obligations under this Agreement. Nevada
Wireless may perform up to two (2) audits per twelve (12) month period
commencing with the effective date of this Agreement of Qwest's use of Nevada
Wireless s Directory Assistance listings in Qwest's Directory Assistance Service.
Nevada Wireless shall be entitled to "seed" or specially code some or all of the
Directory Assistance listings that it provides hereunder in order to trace such
information during an Audit and ensure compliance with the disclosure and use
restrictions set forth in this Agreement.
9.4.11 Qwest shall use Nevada Wireless s Directory Assistance listings supplied
to Qwest by Nevada Wireless under the terms of this Agreement solely for the purposes
of providing Directory Assistance Service and for providing Directory Assistance List
Information to Directory Assistance providers, and for other lawful purposes, except that
Nevada Wireless s Directory Assistance listings supplied to Qwest by Nevada Wireless
and marked as nonpublished or nonlisted listings shall not be used for marketing
purposes.
Rate Elements
The following rate elements apply to Directory Assistance Service and are contained in Exhibit
A of this Agreement.
9.4.A per call rate is applicable for Local Directory Assistance and National
Directory Assistance Service selected by Nevada Wireless.
9.4.A nonrecurring setup and recording fee will be charged for establishing
each Call Branding option. A nonrecurring charge to load Nevada Wireless s brand in
each switch is also applicable. Such nonrecurring fees must be paid before service
commences.
9.4.A per call rate is applicable for Call Completion Link.
Ordering Process
9.4.4.Nevada Wireless will order Directory Assistance Service by completing
the questionnaire entitled "Qwest Operator Services/Directory Assistance Questionnaire
" This questionnaire may be obtained from Nevada Wireless s Qwest Service Manager.
Billing
9.4.Qwest will track and bill Nevada Wireless for the number of calls placed
to Qwest's Directory Assistance Service by Nevada Wireless s End User Customers as
well as for the number of requests for Call Completion Link.
9.4.For purposes of determining when Nevada Wireless is obligated to pay
the per call rate , the call shall be deemed made and Nevada Wireless shall be obligated
to pay when the call is received by the Operator Services switch. An End User
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Customer may request and receive no more than two (2) telephone numbers per
Directory Assistance call. Qwest will not credit, rebate or waive the per call charge due
to any failure to provide a telephone number.
9.4.Call Completion Link will be charged at the per call rate when the End
User Customer completes the required action (Le.
, "
press the number one,
" "
stay on the
line " etc.
Directory Assistance List
Description
Directory Assistance List (DA List) Information consists of name , address
and telephone number information for all End User Customers of Qwest and other LECs
that are contained in Qwest's Directory Assistance Database and , where available
related elements required in the provision of Directory Assistance Service to Nevada
Wireless s End User Customers. No prior authorization from Nevada Wireless shall be
required for Qwest to sell, make available, or release Nevada Wireless s End User
Customer Directory Assistance listings to Directory Assistance providers. In the case of
End User Customers who have non-published listings , Qwest shall provide the End User
Customer s Local Numbering Plan Area (NPA), address, and an indicator to identify the
non-published status of the listing to Nevada Wireless; however, Qwest will not provide
the non-published telephone number.
Qwest will provide DA List Information via initial loads and daily updates
either by means of a magnetic tape or Network Data Mover (NOM) or as otherwise
mutually agreed upon by the Parties. Qwest will provide all changes, additions or
deletions to the DA List Information overnight on a daily basis. The Parties will use a
mutually agreed upon format for the data loads.
DA List Information shall specify whether the Qwest End User Customer
subscriber is a residential, business, or government subscriber, and the listings of other
Carriers will specify such information where it has been provided on the Carrier s listing
order.1.4 In the event Nevada Wireless requires a reload of DA List Information
from Qwest's database in order to validate , synchronize or reconcile its database, a
reload will be made available according to the rate specified in Exhibit A.
Qwest and Nevada Wireless will cooperate in the designation of a
location to which the data will be provided.
Terms and Conditions
Qwest grants to Nevada Wireless, as a competing provider of telephone
Exchange Service and telephone Toll Service, access to the Directory Assistance List
Information: Option 1) solely for the purpose of providing Directory Assistance Services
or Option 2) for purposes of providing Directory Assistance Services and for other lawful
purposes, except that listings included in Qwest's Directory Assistance List information
and marked as non published or nonlisted listings, or listings marked with an "omit from
lists" indicator shall not be used for marketing purposes, subject to the terms and
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conditions of this Agreement. Nevada Wireless will advise Qwest when it orders
Qwest's Directory Assistance List Information , whether it chooses Option 1 or 2. As it
pertains to the use of Directory Assistance List Information in this Agreement, "Directory
Assistance Service" shall mean the provision, by Nevada Wireless via a live operator or
a mechanized system, of telephone number and address information for an identified
telephone service End User Customer or the name and/or address of the telephone
service End User Customer for an identified telephone number. Should Nevada
Wireless cease to be a Telecommunications Carrier, a competing provider of telephone
Exchange Service or telephone Toll Service, this access grant automatically terminates.
Qwest shall make commercially reasonable efforts to ensure that
listings belonging to Qwest retail End User Customers provided to Nevada
Wireless in Qwest's DA List Information are accurate and complete. All third
party DA List Information is provided AS IS, WITH ALL FAULTS. Qwest further
represents that it shall review all of its End User Customer listings information
provided to Nevada Wireless including End User Customer requested
restrictions on use, such as nonpublished and nonlisted restrictions.2.2 Nevada Wireless will obtain and timely enter into its Directory Assistance
Database daily updates of the DA List Information , will implement quality assurance
procedures such as random testing for Directory Assistance Listing accuracy, and will
identify itself to End User Customers calling its DA service either by company name or
operating company number so that End User Customers have a means to identify with
whom they are dealing.
Reserved for Future Use.2.4 Qwest shall retain all right, title , interest and ownership in and to the DA
Listing Information it provides hereunder. Nevada Wireless acknowledges and
understands that while it may disclose the names, addresses, and telephone numbers
(or an indication of non-published status) of Qwest's End User Customers to a third party
calling its Directory Assistance for such information, the fact that such End User
Customer to Qwest's Telecommunications Services is confidential and Proprietary
Information and shall not be disclosed to any third party.
Nevada Wireless shall not sublicense, copy or allow any third party to
access, download , copy or use the DA List Information, or any portions thereof, or any
information extracted therefrom. Each Party shall take commercially reasonable and
prudent measures to prevent disclosure and unauthorized use of Qwest's DA List
Information at least equal to the measures it takes to protect its own confidential and
proprietary information , including but not limited to implementing adequate computer
security measures to prevent unauthorized access to Qwest's DA List Information when
contained in any database.
Unauthorized use of Qwest's DA List Information, or any
disclosure to a third party of the fact that an End User Customer, whose listing is
furnished in the DA List, subscribes to Qwest's, another Local Exchange
Carrier , Reseller or CMRS'Telecommunications Services shall be
considered a material breach of this Agreement and shall be resolved under the
Dispute Resolution provisions of this Agreement.
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Within five (5) Days after the expiration or earlier termination of this
Agreement, Nevada Wireless shall (a) return and cease using any and all DA List
Information which it has in its possession or control , (b) extract and expunge any and all
copies of such DA List Information, any portions thereof, and any and all information
extracted therefrom, from its files and records , whether in print or electronic form or in
any other media whatsoever, and (c) provide a written certification to Qwest from an
officer that all of the foregoing actions have been completed. A copy of this certification
may be provided to third party Carriers if the certification pertains to such Carriers' DA
List Information contained in Qwest's database.
Nevada Wireless is responsible for ensuring that it has proper security
measures in place to protect the privacy of the End User Customer information
contained within the DA List Information. Nevada Wireless must remove from its
database any telephone number for an End User Customer whose listing has become
non-published when so notified by Qwest.
Audits: In accordance with Section 18, Qwest may request a
comprehensive audit of Nevada Wireless s use of the DA List Information. In addition to
the terms specified in Section 18 , the following also apply:
As used herein, "Audit" shall mean a comprehensive review of the
other Party s delivery and use of the DA List Information provided hereunder and
such other Party s performance of its obligations under this Agreement. Either
Party (the "Requesting Party) may perform up to two (2) Audits per 12-month
period commencing with the effective date of this Agreement. Qwest shall be
entitled to "seed" or specially code some or all of the DA List Information that it
provides hereunder in order to trace such information during an Audit and ensure
compliance with the disclosure and use restrictions set forth above.
All paper and electronic records will be subject to audit.
Nevada Wireless recognizes that certain Carriers who have provided DA
List Information that is included in Qwest's database may be third party beneficiaries of
this Agreement for purposes of enforcing any terms and conditions of the Agreement
other than payment terms with respect to their D A List Information.10 Qwest will provide a non-discriminatory process and procedure for
contacting End User Customers with non-published telephone numbers in emergency
situations for non-published telephone numbers that are included in Qwest's Directory
Assistance Database. Such process and procedure will be available to Nevada Wireless
for Nevada Wireless s use when Nevada Wireless provides its own Directory Assistance
and purchases Qwest's Directory Assistance List product.
Rate Elements
Recurring and nonrecurring rate elements for DA List Information are described below and are
contained in Exhibit A of this Agreement.
Initial Database Load: A "snapshot" of data in the Qwest DA List
Information database or portion of the database at the time the order is received.
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Reload: A "snapshot" of the data in the Qwest DA List Information
database or portion of the database required in order to refresh the data in Nevada
Wireless s database.
Daily Update: Daily change activity affecting DA List Information in the
listings database.
3.4 One-Time Set-:Up Fees: Charges for special database loads.
Output Charges: Media charges resulting from either the electronic
transmission or tape delivery of the DA List Information, including any shipping costs.
Ordering
5.4.Nevada Wireless may order the initial DA List Information load or update
files for Qwest's Local Exchange Service areas in its 14 state operating territory or
where Technically Feasible, Nevada Wireless may order the initial DA List Information
load or update files by Qwest White Page Directory Code or NPA.
5.4.Special requests for data at specific geographic levels (such as NPA)
must be negotiated in order to address data integrity issues.
5.4.3 Nevada Wireless shall use the Directory Assistance List Order Form
found in the PCA T.
Toll and Assistance Operator Services
Description
Toll and Assistance Operator Services are a family of offerings that assist
End User Customers in completing EAS/Local and Long Distance calls. Qwest provides
non-discriminatory access to Qwest Operator Service centers, services and personnel.
Local Assistance. Assists Nevada Wireless End User Customers
requesting help or information on placing or completing EAS/Local calls
connects Nevada Wireless End User Customers to home NPA Directory
Assistance, and provides other information and guidance , including referral to the
business office and repair, as may be consistent with Qwest's customary practice
for providing End User Customer assistance.
IntraLATA Toll Assistance. Qwest will direct Nevada Wireless
End User Customers to contact its provider to complete InterLATA toll calls.
Nothing in this Section is intended to obligate Qwest to provide any Toll Services
to Nevada Wireless or Nevada Wireless s End User Customers.
Emergency Assistance. Provide assistance for handling a
Nevada Wireless End User Customer s EAS/Local and IntraLATA Toll calls to
emergency agencies , including but not limited to, police, sheriff, highway patrol
and fire. Nevada Wireless is responsible for providing Qwest with the
appropriate emergency agency numbers and updates.
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1.4 Busy Line Verification (BL V) is performed when a calling party
requests assistance from the operator bureau to determine if the called line is in
use. The operator will not complete the call for the calling party initiating the BL
inquiry. Only one BLV attempt will be made per call, and a charge shall apply.
Busy Line Interrupt (BLI) is performed when a calling party
requests assistance from the operator to interrupt a telephone call in progress.
The operator will interrupt the busy line and inform the called party that there is a
call waiting. The operator will not connect the calling and called parties. The
operator will make only one BLI attempt per call and the applicable charge
applies whether or not the called party releases the line.
Quote Service: Provide time and charges to hotel/motel and other
Nevada Wireless End User Customers for guest/account identification.
Terms and Conditions
For Facility-Based Nevada Wirelesss Interconnection to Owest's
Operator Services switch is Technically Feasible at two (2) distinct points on the Trunk
Side of the switch. The first connection point is an Operator Services trunk connected
directly to the Qwest Operator Services host switch. The second connection point is an
Operator Services trunk connected directly to a remote Qwest Operator Services switch.
Trunk provisioning and facility ownership must follow Qwest guidelines.
In order for Nevada Wireless to use Qwest's Operator Services as a
Facility-Based Nevada Wireless, Nevada Wireless must provide an operator service
trunk between Nevada Wireless s End Office and the Interconnection point on the Qwest
Operator Services switch for each NPA served.2.4 The technical requirements of operator service trunk are covered in the
Operator Services Systems Generic Requirement (OSSGR), Telcordia document FR-
NWT-OOO271 , Section 6 (Signaling) and Section 10 (System Interfaces) in general
requirements form.
Each Party s operator bureau shall accept BLV and BLI inquiries from the
operator bureau of the other Party in order to allow transparent provision of BLV/BLI
traffic between the Parties' networks.
Nevada Wireless will provide separate no-test trunks (not the
Local/lntraLATA trunks) to the Qwest BLV/BLI hub or to the Qwest Operator Services
switches.
Qwest will perform Operator Services in accordance with operating
methods, practices, and standards in effect for all its End User Customers. Qwest will
respond to Nevada Wireless s End User Customer calls to Owest's Operator Services
according to the same priority scheme as it responds to Owest's End User Customer
calls. Calls to Qwest's Operator Services are handled on a first come, first served basis
without regard to whether calls are originated by Nevada Wireless or Qwest End User
Customers.
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Qwest will provide Operator Services to Nevada Wireless where
Technically Feasible and facilities are available. Qwest may from time-to-time modify
and change the nature , extent, and detail of specific Operator Services available to its
retail End User Customers, and to the extent it does so , Qwest will provide forty-five (45)
Days advance written notice to Nevada Wireless of such changes.
Qwest shall maintain adequate equipment and personnel to reasonably
perform the Operator Services. Nevada Wireless shall provide and maintain the facilities
necessary to connect its End User Customers to the locations where Qwest provides the
Operator Services and to provide all information and data needed or reasonably
requested by Qwest in order to perform the Operator Services.10 Call Branding is an optional service available to Nevada Wireless. Call
Branding announces Nevada Wireless s name to Nevada Wireless s End User Customer
at the start of the call and at the completion of the call. If Nevada Wireless selects the
Call Branding option, Qwest will provide Call Branding to Nevada Wireless where
Technically Feasible.a) Front End Brand: Announces Nevada Wireless s name to Nevada
Wireless s End User Customer at the start of the call. There is a nonrecurring
charge to setup and record the Front End Brand message.b) Back End Brand: Announces Nevada Wireless s name to Nevada
Wireless s End User Customer at the completion of the call. There is a
nonrecurring charge to setup and record the Back End Brand message.11 Call branding for toll and Operator Services will entail recording and setup
of a brand message. Qwest will record Nevada Wireless s branded message.
Dedicated interoffice facilities will be required.12 Call Branding also entails a nonrecurring charge to load Nevada
Wireless s branded message in each switch.13 Nevada Wireless s End User Customers may dial "0" or "0+" to access
Qwest operator services. A Facility-Based Nevada Wireless may choose to have its End
User Customers access Qwest operators by dialing a unique number or by using the
same dialing pattern as Qwest End User Customers.
Rate Elements
Qwest toll and assistance Operator Services are offered under two (2) pricing options. Option A
offers a per message rate structure. Option B offers a work second and a per call structure.
Applicable recurring and nonrecurring rate elements are detailed below and in Exhibit A of this
Agreement.
Option A - Operator Services Rate Elements
Operator Handled Calling Card: For each completed calling card
call that was dialed 0+ where the operator entered the calling card number.
Machine Handled Calling Card: For each completed call that was
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dialed 0+ where the End User Customer entered the required information, such
as calling card number.
Station Call: For each completed station call, including station sent
paid , collect, third number special Billing or 0- calling card call.
1.4 Person Call: For each completed person to person call regardless
of the Billing used by the End User Customer.
Connect to Directory Assistance: For each operator placed call to
Directory Assistance.
Busy Line Verify: For each call where the operator determines that
conversation exists on a line.
Busy Line Interrupt: For each call where the operator interrupts
conversation on a busy line and requests release of the line.
Operator Assistance: For each Local call , whether completed or
not, that does not potentially generate an operator surcharge. These calls
include , but are not limited to: calls given the ODD rate because of transmission
problems; calls where the operator has determined there should be no charge,
such as Busy Line Verify attempts where conversation was not found on the line;
calls where the End User Customer requests information from the operator and
no attempt is made to complete a call; and calls for quote service.
9 "Completed call" as used in this Section shall mean that the End
User Customer makes contact with the location , telephone number, person or
extension designated by the End User Customer.
Option B - Per Work Second and Computer Handled Calls
Operator Handled: Nevada Wireless will be charged per work
second for all calls originating from its End User Customers and facilities that are
routed to Qwest's operator for handling. Work second charging begins when the
Qwest operator position connects with Nevada Wireless s End User Customer
and terminates when the connection between the Qwest operator position and
Nevada Wireless s End User Customer is terminated.
Machine Handled: Calls that are routed without operator
intervention. Machine handled calls include, but are not limited to, credit card
calls where the End User Customer enters the calling card number, calls
originating from coin telephones where the computer requests deposit of coins,
additional End User Customer key actions , recording of End User Customer
voice, etc.
Call Branding Nonrecurring Charge. Qwest will charge to Nevada
Wireless a nonrecurring setup and recording fee for establishing Call Branding and
loading each switch with Nevada Wireless s branded message. Nevada Wireless must
pay such nonrecurring charges prior to commencement of the service. The nonrecurring
set-up and recording charge will apply each time the Nevada Wireless s brand message
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is changed. The nonrecurring charge to load the switches with the Nevada Wireless
branded message will be assessed each time there is any change to the switch.
Ordering Process
6.4.Nevada Wireless will order Operator Services by completing the "Qwest
Operator Services/Directory Assistance Questionnaire." Copies of this questionnaire
may be obtained from Nevada Wireless s designated Qwest Service Manager.
Billing
Qwest will track usage and bill Nevada Wireless for the calls placed by
Nevada Wireless s End User Customers and facilities.
Qwest will compute Nevada Wireless s invoice based on both Option A
(Price Per Message) and Option B (Price Per Work Second and Computer Handled
Calls). Qwest will charge Nevada Wireless whichever option results in a lower charge.3 If, due to equipment malfunction or other error, Qwest does not have
available the necessary information to compile an accurate Billing statement, Qwest may
render a reasonably estimated bill, but shall notify Nevada Wireless of the methods of
such estimate and cooperate in good faith with Nevada Wireless to establish a fair
equitable estimate. Qwest shall render a bill reflecting actual billable quantities when
and if the information necessary for the Billing statement becomes available.
Access to Poles, Ducts, Conduits , and Rights of Way
Description
Pole Attachments: Where it has ownership or control to do so, Qwest will
provide Nevada Wireless with access to available pole attachment space for the placing
of facilities for the purpose of transmitting Telecommunications Services.
The term pole attachment means any attachment by Nevada
Wireless to a pole owned or controlled by Qwest.
Ducts and Conduits: Where it has ownership or control to do so, Qwest
will provide Nevada Wireless with access to available ducts/conduits for the purpose of
placing facilities for transmitting Telecommunications Services. A spare duct/conduit will
be leased for copper facilities only, and an innerduct for the purpose of placing fiber.
Nevada Wireless may place innerduct in an empty duct/conduit. Control of Nevada
Wireless-installed spare innerduct shall vest in Qwest immediately upon installation;
ownership of such innerduct shall vest to Qwest if and when Nevada Wireless abandons
such innerduct.
The terms duct and conduit mean a single enclosed raceway for
conductors, cable and/or wire. Duct and conduit may be in the ground, may
follow streets, bridges, public or private ROW or may be within some portion of a
multi-unit building. Within a multi-unit building, duct and conduit may traverse
building entrance facilities , building entrance links, equipment rooms, remote
terminals, cable vaults, telephone closets or building riser. The terms duct and
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conduit include riser conduit.
The term innerduct means a duct-like raceway smaller than a
duct/conduit that is inserted into a duct/conduit so that the duct may typically
carry three (3) cables.
Rights of Way (ROW) - Where it has ownership or control to do so
Qwest will provide to Navada Wireless, via an Access Agreement in the form of
Attachment 4 to Exhibit D , access to available ROW for the purpose of placing
Telecommunications facilities. ROW includes land or other property owned or controlled
by Qwest and may run under, on , above, across, along or through public or private
property or enter multi-unit buildings.
ROW means access to private property owned or controlled by
Qwest, but expressly excluding any public, governmental , federal or Native
American , or other quasi-public or non-private lands, sufficient to permit Qwest to
place Telecommunications facilities on real property; such property owner may
permit Qwest to install and maintain facilities under, on, above, across, along or
through private property or enter multi-unit buildings. Within a multi-unit building,
a ROW includes a pathway that is actually used or has been specifically
designated for use by Qwest as part of its transmission and distribution network
where the boundaries of the pathway are clearly defined either by written
specifications or unambiguous physical demarcation.
1.4 Intentionally Left Blank.
The phrase "ownership or control to do so" means the legal right, as a
matter of state law, to (i) convey an interest in real or personal property, or (ii) afford
access to third parties as may be provided by the landowner to Qwest through express
or implied agreements, or through Applicable Rules as defined in this Agreement.
Terms and Conditions
Qwest shall provide Nevada Wireless non-discriminatory access to poles , ducts, conduit and
rights of way on terms and conditions found in the Revised Qwest Right of Way, Pole
Attachment and/or Duct/lnnerduct Occupancy General Information Document, attached hereto
as Exhibit D. Qwest will not favor itself over Nevada Wireless when provisioning access to
poles , ducts , conduits and rights of way. Qwest shall not give itself preference when assigning
space.
Subject to the provisions of this Agreement, Qwest agrees to issue to
Nevada Wireless authorization for Nevada Wireless to attach , operate, maintain
rearrange , transfer and remove at its sole expense its facilities on poles/duct/innerduct
or ROW owned or controlled in whole or in part by Qwest, subject to Orders placed by
Nevada Wireless. Any and all rights granted to Nevada Wireless shall be subject to and
subordinate to any future local , state and/or federal requirements.
Qwest will rely on such codes as the National Electrical Safety Code
(NESC) to prescribe standards with respect to capacity, safety, reliability, and general
engineering principles.
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8.2.Federal requirements, such as those imposed by Federal Energy
Regulatory Commission (FERC) and Occupational Safety and Health Administration
(OSHA), will continue to apply to the extent such requirements affect requests for
attachments or occupancy to Qwest facilities under Section 224(f)(1) of the Act.2.4 Nevada Wireless shall provide access to a map of the requested
poles/duct/innerduct/ROW route , including estimated distances between major points
the identification and location of the poles/duct/innerduct and ROWand a description of
Nevada Wireless s facilities. Qwest agrees to provide to Nevada Wireless access to
relevant plats, maps, engineering records and other data within ten (10) business Days
of receiving a Bona Fide Request for such information, except in the case of extensive
requests. Extensive requests involve the gathering of plats from more than one (1)
location, span more than five (5) Wire Centers, or consist of ten (10) or more intra-Wire
Center requests submitted simultaneously. Responses to extensive requests will be
provided within a reasonable interval, not to exceed forty-five (45) calendar Days.
Except as expressly provided herein , or in the Pole Attachment Act of
1934 as amended and its regulations and rules, or in any applicable state or municipal
laws, nothing herein shall be construed to compel Qwest to construct, install , modify or
place any poles/duct/innerduct or other facility for use by Nevada Wireless.
8.2.Qwest retains the right to determine the availability of space on
poles/duct/innerduct, duct, conduit and ROW consistent with 47 USC 9 224 and FCC
orders, rules and regulations pursuant to 47 USC 9 224. In the event Qwest determines
that rearrangement of the existing facilities on poles, innerduct, duct/conduit and ROW is
required before Nevada Wireless s facilities can be accommodated, the actual cost of
such modification will be included in Nevada Wireless s nonrecurring charges for the
associated Order (Make-Ready fee). When modifications to a Qwest spare duct/conduit
include the placement of innerduct, Qwest or Nevada Wireless will install the number of
innerduct required to fill the duct/conduit to its full capacity.
Qwest shall make manhole ingress and egress for duct/innerduct access
available to Nevada Wireless. Qwest will perform a feasibility study to determine
whether to provide a stub out via the pre-constructed knock out within the manhole, or to
perform a core drill of the manhole.
Where such authority does not already exist, Nevada Wireless shall be
responsible for obtaining the necessary legal authority to occupy ROW, and/or
poles/duct/innerduct on governmental, federal , Native American, and private rights of
way. Nevada Wireless shall obtain any permits, licenses, bonds , or other necessary
legal authority and permission, at Nevada Wireless s sole expense, in order to perform
its obligations under this Agreement. Nevada Wireless shall contact all owners of public
and private rights-of-way to obtain the permission required to perform the work prior to
entering the property or starting any work thereon. See Section 9.8.4. Nevada Wireless
shall comply with all conditions of rights-of-way and permits. Once such permission is
obtained, all such work may be performed by Qwest or Nevada Wireless at the option of
Nevada Wireless.
Access to a Qwest Central Office manhole will be permitted where
Technically Feasible. If space is available, Qwest will allow access through the Central
Office manhole to the POI (Point of Interconnection). There shall be a presumption that
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there shall be no fiber splices allowed in the Central Office manhole. However, where
Nevada Wireless can establish the necessity and technical feasibility of splicing in the
Central Office Manhole, such action shall be permitted.10 Replacement/Modification/lnstallation - If Nevada Wireless requests
Qwest to replace or modify existing poles/duct/innerduct to increase its strength or
capacity for the sole benefit of Nevada Wireless, Nevada Wireless shall pay Qwest the
total actual replacement cost, Qwest's actual cost to transfer its attachments to new
poles/duct/innerduct, as necessary, and the actual cost for removal (including actual cost
of destruction) of the replaced poles/duct/innerduct, if necessary. Ownership of new
poles/duct/innerduct shall vest to Qwest.
10.Upon request, Qwest shall permit Nevada Wireless to install
poles/duct/innerduct. Qwest reserves the right to reject any non-conforming
replacement Pole/duct/conduit installed by Nevada Wireless that do not conform
to the NESC, OSHA or local ordinances.
10.To the extent that a modification is incurred for the benefit of
multiple parties, Nevada Wireless shall pay a proportionate share of the total
actual cost based on the ratio of the amount of new space occupied by the
facilities of Nevada Wireless to the total amount of space occupied by all parties
including Qwest or its Affiliates participating in the modification. Parties who do
not initiate, request or receive additional space from a modification , are not
required to share in the cost of the modification. Nevada Wireless, Qwest or any
other party that uses a modification as an opportunity to bring its facilities into
compliance with applicable safety or other requirements will be deemed to be
sharing in the modification and will be responsible for its share of the modificationcost. Attaching entities will not be responsible for sharing in the cost of
governmentally mandated pole or other facility modification.
10.The modifying party or parties may recover a proportionate share
of the modification costs from parties that later are able to obtain access as a
result of the modification. The proportionate share of the subsequent attacher
will be reduced to take account of depreciation to the pole or other facility that
has occurred since the modification. The modifying party or parties seeking to
recover modification costs from parties that later obtain attachments shall be
responsible for maintaining all records regarding modification costs. Qwest shall
not be responsible for maintaining records regarding modification costs on behalf
of attaching entities.11 Notification of modifications initiated by or on behalf of Qwest and at
Qwest's expense shall be provided to Nevada Wireless at least sixty (60) calendar Days
prior to beginning modifications. Such notification shall include a brief description of the
nature and scope of the modification. If Nevada Wireless does not respond to a
requested rearrangement of its facilities within sixty (60) Days after receipt of written
notice from Qwest requesting rearrangement, Qwest may perform or have performed
such rearrangement and Nevada Wireless shall pay the actual cost thereof. No such
notice shall be required in emergency situations or for routine maintenance of
poles/duct/innerduct completed at Qwest's expense.
Qwest reserves the right to make an on-site/final construction inspection
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of Nevada Wireless s facilities occupying the poles/duct/innerduct system. Nevada
Wireless shall reimburse Qwest for the actual cost of such inspections except where
specified in this Section.13 When final construction inspection by Qwest has been completed,
Nevada Wireless shall correct such non-complying conditions within the reasonable
period of time specified by Qwest in its written notice. If corrections are not completed
within the specified reasonable period, occupancy authorizations for the ROW
poles/duct/innerduct system where non-complying conditions remain uncorrected shall
suspend forthwith, regardless of whether Nevada Wireless has energized the facilities
occupying said poles/duct/innerduct or ROW system and Nevada Wireless shall remove
its facilities from said poles/duct/innerduct or ROW in accordance with the provisions of
this Section , provided, however, if the corrections physically cannot be made within such
specified time, and Nevada Wireless has been diligently prosecuting such cure, Nevada
Wireless shall be granted a reasonable additional time to complete such cure. Qwest
may deny further occupancy authorization to Nevada Wireless until such non-complying
conditions are corrected or until Nevada Wireless s facilities are removed from the
poles/duct/innerduct system where such non-complying conditions exist. If agreed
between both Parties, Qwest shall perform or have performed such corrections and
Nevada Wireless shall pay Qwest the actual cost of performing such work. Subsequent
inspections to determine if appropriate corrective actions have been taken may be made
by Qwest.14 Once Nevada Wireless facilities begin occupying the
poles/duct/innerduct or ROW system , Qwest may perform a reasonable number of
inspections. Qwest shall bear the cost of such inspections unless the results of the
inspection reveal a material violation or hazard , or that Nevada Wireless has in any other
way failed to comply with the provisions of Section 9.20; in which case Nevada
Wireless shall reimburse Qwest the costs of inspections and re-inspections, as required.
Nevada Wireless s representative may accompany Qwest on such field inspections.
The cost of periodic inspection or any special inspections found necessary due to the
existence of sub-standard or unauthorized occupancies shall be billed separately.15 The costs of inspections made during construction and/or the final
construction survey and subsequent inspection shall be billed to Nevada Wireless upon
completion of the inspections.16 Final construction, subsequent, and periodic inspections or the failure to
make such inspections, shall not relieve Nevada Wireless of any responsibilities
obligations, or liability assigned under this Agreement.17 Nevada Wireless may use individual workers of its choice to perform any
work necessary for the attaching of its facilities so long as such workers have the same
qualifications and training as Qwest's workers. Nevada Wireless may use any
contractor approved by Qwest to perform Make-Ready Work.18 If Qwest terminates an order for cause, or if Nevada Wireless terminates
an order without cause, subject to 9.8.4., Nevada Wireless shall pay termination
charges equal to the amount of fees and charges remaining on the terminated order(s)
and shall remove its facilities from the poles/duct/innerduct within sixty (60) calendar
Days, or cause Qwest to remove its facilities from the poles/duct/innerduct at Nevada
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Wireless s expense; provided , however, that Nevada Wireless shall be liable for and pay
all fees and charges provided for in this Agreement to Qwest until Nevada Wireless
facilities are physically removed. "Cause" as used herein shall include Nevada
Wireless s use of its facilities in material violation of any Applicable Law or in aid of any
unlawful act or making an unauthorized modification to Qwest's poles/duct/innerduct, or
in the case of ROW, any act or omission that violates the terms and conditions of either
(a) the Access Agreement by which Qwest conveys a right of access to the ROW to
Nevada Wireless, or (b) the instrument granting the original ROW to Qwest or its
predecessor.19 Qwest may abandon or sell any poles/innerduct, duct/conduit or ROW at
any time by giving written notice to Nevada Wireless. Any poles , innerduct, duct/conduit
or ROW that is sold , will be sold subject to all existing legal rights of Nevada Wireless.
Upon abandonment of poles/innerduct, duct/conduit or ROW, and with the concurrence
of the other joint user(s), if necessary, Nevada Wireless shall, within sixty (60) calendar
Days of such notice, either: 1) continue to occupy the poles/innerduct, duct/conduit or
ROW pursuant to its existing rights under this Agreement if the poles/innerduct
duct/conduit , or ROW is purchased by another party; 2) purchase the poles/innerduct
duct/conduit or ROW from Qwest at the current market value; or 3) remove its facilities
therefrom. Failure to explicitly elect one of the foregoing options within sixty (60)
calendar Days shall be deemed an election to purchase the poles/innerduct
duct/conduit or ROW at the current market value if no other party purchased the
poles/innerduct, duct/conduit or ROW within this sixty (60) Day period.20 Nevada Wireless s facilities shall be placed and maintained in accordance
with the requirements and specifications of the current applicable standards of Telcordia
Manual of Construction Standards, the National Electrical Code , the National Electrical
Safety Code, and the rules and regulations of the Occupational Safety and Health Act
all of which are incorporated by reference, and any governing authority having
jurisdiction. Where a difference in specifications exists, the more stringent shall apply.
Notwithstanding the foregoing, Nevada Wireless shall only be held to such standard as
Qwest, its Affiliates or any other Telecommunications Carrier is held. Failure to maintain
facilities in accordance with the above requirements or failure to correct as provided in
Section 9.13 shall be cause for termination of the Order. Nevada Wireless shall in a
timely manner comply with all requests from Qwest to bring its facilities into compliance
with these terms and conditions.21 Should Qwest under the provisions of this Agreement remove Nevada
Wireless s facilities from the poles/duct/innerduct covered by any Order, Qwest will
deliver the facilities removed upon payment by Nevada Wireless of the cost of removal
storage and delivery, and all other amounts due Qwest. If Nevada Wireless removes
facilities from poles/duct/innerduct for other than repair or maintenance purposes, no
replacement on the poles/ duct/innerduct shall be made until all outstanding charges due
Qwest for previous occupancy have been paid in full. Nevada Wireless shall advise
Qwest in writing as to the date on which the removal of facilities from the
poles/duct/innerduct has been completed.22 If any facilities are found attached to poles/duct/innerduct for which no
order is in effect, Qwest, without prejudice to its other rights or remedies under this
Agreement, may assess a charge and Nevada Wireless agrees to pay the lesser of (a)
the annual fee per pole or per innerduct run between two (2) manholes for the number of
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years since the most recent inventory, or (b) five times the annual fee per pole per
innerduct run between two (2) manholes. In addition, Nevada Wireless agrees to pay (a)
interest on these fees at a rate set for the applicable time period by the Internal Revenue
Service for individual underpayments pursuant to Section 6621 of the Internal Revenue
Service Code (25 U.C. 9 6621, Rev. Rul. 2000-, 2000-25 IRS 1262), and (b) the
cost of any audit required to identify unauthorized Nevada Wireless attachments. Qwest
shall waive the unauthorized attachment fee if the following conditions are met: (1)
Nevada Wireless cures such unauthorized attachment (by removing it or submitting a
valid Order for attachment in the form of Attachment 2 of Exhibit D, within thirty (30)
Days of written notification from Qwest of the unauthorized attachment; and (2) the
unauthorized attachment did not require Qwest to take curative measures itself (e.
pulling additional innerduct) prior to the cure by Nevada Wireless, (3) Nevada Wireless
reimburses Qwest for cost of audit, or portion thereof, which discovered the
unauthorized attachment. Qwest shall also waive the unauthorized attachment fee if the
unauthorized attachment arose due to error by Qwest rather than by Nevada Wireless.
Nevada Wireless is required to submit in writing, within ten (10) business Days after
receipt of written notification from Qwest of the unauthorized occupancy, a
poles/duct/innerduct application. If such application is not received by Qwest within the
specified time period, Nevada Wireless will be required to remove its unauthorized
facility within thirty (30) calendar Days of the final date for submitting the required
application, or Qwest may remove Nevada Wireless s facilities without liability, and the
cost of such removal shall be borne by Nevada Wireless.23 No act or failure to act by Qwest with regard to an unauthorized
occupancy shall be deemed as the authorization of the occupancy. Any subsequently
issued authorization shall not operate retroactively or constitute a waiver by Qwest of
any of its rights or privileges under this Agreement or otherwise. Nevada Wireless shall
be subject to all liabilities of the Agreement in regard to said unauthorized occupancy
from its inception.24 Qwest will provide Nevada Wireless non-discriminatory access to poles,
innerducts, ducts/conduits and ROW pursuant to 47 USC 9 224 and FCC orders, rules
and regulations pursuant to 47 USC 9224. In the event of a conflict between this
Agreement, on one hand, and 47 USC 9 224 and FCC orders, rules and regulations
pursuant to 47 USC 9224, on the other, 47 USC 9 224 and FCC orders, rules and
regulations pursuant to 47 USC 9224 shall govern. Further, in the event of a conflict
between Exhibit D , on one hand, and this Agreement or 47 USC 9 224 and FCC orders
rules and regulations pursuant to 47 USC 9 224, on the other, this Agreement or 47 USC
9 224 and FCC orders, rules and regulations pursuant to 47 USC 9224 shall govern
provided however, that any Access Agreement that has been duly executed
acknowledged and recorded in the real property records for the county in which the
ROW is located shall govern in any event pursuant to its terms.25 Nothing in this Agreement shall require Qwest to exercise eminent
domain on behalf of Nevada Wireless.26 Upon Nevada Wireless request, Qwest will certify to a landowner with
whom Qwest has an ROW agreement, the following:
26.that the ROW agreement with Qwest does not preclude the
landowner from entering into a separate ROW agreement with Nevada Wireless;
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and
26.that there will be no penalty under the agreement between the
landowner and Qwest if the landowner enters into a ROW agreement with
Nevada Wireless.27 For purposes of permitting Nevada Wireless to determine whether Qwest
has ownership or control over duct/conduit or ROW within a specific multi-dwelling unit, if
Nevada Wireless requests a copy of an agreement between Qwest and the owner of a
specific multi-dwelling unit that grants Qwest access to the multi-dwelling unit, Qwest will
provide the agreement to Nevada Wireless pursuant to the terms of this Section.
Nevada Wireless will submit a completed Attachment 1.A from Exhibit D that identifies a
specific multi-unit dwelling or route for each agreement.
27.Upon receipt of a completed Attachment 1.A, Qwest will prepare
and return an MDU information matrix, within ten (10) Days, which will identify (a)
the owner of the multi-dwelling unit as reflected in Qwest's records , and (b)
whether or not Qwest has a copy of an agreement that provides Qwest access to
the multi-dwelling unit in its possession. Qwest makes no representations or
warranties regarding the accuracy of its records, and Nevada Wireless
acknowledges that the original property owner may not be the current owner of
the property.
27.Qwest grants a limited waiver of any confidentiality rights it may
have with regards to the content of the agreement, subject to the terms and
conditions in Section 9.27.3 and the Consent to Disclosure form. Qwest will
provide to Nevada Wireless a copy of an agreement listed in the MDU
information matrix that has not been publicly recorded pursuant to the following
options:
27.If the agreement Nevada Wireless requests does not
contain a confidentiality provision that prevents Qwest's disclosure, Qwest
will provide the agreement to Nevada Wireless with proprietary financial
terms redacted within ten (10) Days of Nevada Wirelesss request for the
agreement.
27.If the agreement Nevada Wireless requests contains a
confidentiality provision that prevents Qwest's disclosure, Nevada
Wireless may request that Qwest attempt to obtain the consent of the
property owner to disclosure of the agreement. Nevada Wireless shall
pay Qwest's reasonable costs of obtaining such consent.
2.27.2.In lieu of requesting that Qwest obtain the consent of the
property owner to disclosure of the agreement, Nevada Wireless may
elect to obtain authorization for such disclosure from the third party
owner(s) of the real property at issue by presenting to Qwest an executed
version of the Consent to Disclosure form that is included in Attachment 4
to Exhibit D of this Agreement.
27.2.4 In lieu of submission of the Consent to Disclosure form
referenced in Section 9.8.2.27.3, Nevada Wireless may elect to comply
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with the indemnification requirements in Section 9.8.4.
27.In lieu of the options in the preceding subsections of this
Section 9.27., Nevada Wireless may elect to be bound by the terms
and conditions of the Form Protective Agreement set forth in Attachment
5 to Exhibit D of this Agreement.
2.27.As a condition of its limited waiver of its right to confidentiality in
an agreement that provides Qwest access to a multi-dwelling unit that Qwest
provides to Nevada Wireless or that Nevada Wireless obtains from the multi-
dwelling unit owner or operator, Qwest shall redact all dollar figures from copies
of agreements that have not been publicly recorded that Qwest provides to
Nevada Wireless and shall require that the multi-dwelling unit owner or operator
make similar redaction s prior to disclosure of the agreement.
27.4 In all instances, Nevada Wireless will use agreements only for the
following purposes: (a) to determine whether Qwest has ownership or control
over duct, conduits , or rights-of-way within the property described in the
agreement and the scope of such ownership or control; (b) to determine the
ownership of wire within the property described in the agreement; (c) to
determine the demarcation point between Qwest facilities and the Owner
facilities in the property described in the agreement; (d) to determine the legal
description of any property interest of a third-party owner, including any metes
and bounds of the property; (e) to determine the term of the agreement; and (f) to
determine the parties to the agreement. Nevada Wireless further agrees that
Nevada Wireless shall not disclose the contents, terms, or conditions of any
agreement provided pursuant to Section 9.8 to any Nevada Wireless agents or
employees engaged in sales, marketing, or product management efforts on
behalf of Nevada Wireless.
27.After January 17, 2002, Qwest will not enter into new agreements
with third party property owners for the provision of Telecommunications services
that preclude Qwest from disclosing to Nevada Wirelesss the scope of access to
duct, conduit or rights-of-way that Qwest has been granted by the property
owner. Nothing in this Agreement will preclude Qwest or the property owner
from providing for the confidential treatment and nondisclosure of proprietary
financial and marketing information in any such agreement.
Rate Elements
Qwest fees for attachments are in accordance with Section 224 of the Act and FCC orders
rules and regulations promulgated thereunder, as well as the rates established by the
Commission including the following rates, are reflected in Exhibit A.
Inquiry Fee. A non-refundable pre-paid charge used to recover the costs
associated with performing an internal record review to determine if a requested route
and/or facility is available, or with respect to ROW, to determine the information
necessary to create the ROW matrix, which identifies, for each ROW, the name of the
original grantor and the nature of the ROW (Le., publicly recorded and non-recorded)
and the MDU matrix, which identifies each requested legal agreement between Qwest
and a third party who has a multi-unit building in Qwest's possession that relates to
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Telecommunications Services provided to or through real property owned by the third
party (MDU Agreement) and, for each such MDU Agreement, the name of the third
party. Inquiry Fees also include Qwest's reasonable costs of obtaining property owner
consent to disclosure of non-recorded agreements with confidentiality provisions as set
forth in Section 9.27.1. Separate Inquiry Fees apply for ROW , poles and
duct/conduit /innerduct.
Field Verification Fee/Access Agreement Preparation Fee. In the case
poles and duct/innerduct, the Field Verification Fee is a non-refundable pre-paid charge
which recovers the estimated actual costs for a field survey verification required for a
route and to determine scope of any required Make-Ready work. Separate Field
Verification Fees apply for poles and Manholes. In the case of ROW, the Access
Agreement Preparation Fee is a non-refundable, pre-paid charge which recovers the
estimated actual costs for preparation of the Access Agreement for each ROW
requested by the Nevada Wireless. Field Verification and Access Agreement
Preparation Fees shall be billed in advance.
3 Make-Ready Fee. A pre-paid non-refundable (other than true-up) charge
which recovers the cost of necessary work required to make the requested facility/ROW
available for access. For innerduct , this could include , but is not limited to , the placing
of innerduct in conduit/duct systems or core drilling of manholes. For pole attachment
requests, this could include, but is not limited to, the replacement of poles to meet
required clearances over roads or land. For ROW , this Make-Ready could include, but
is not limited to, personnel time, including attorney time. With respect to ROW , Make-
Ready work refers to legal or other investigation or analysis arising out of Nevada
Wireless s failure to comply with the process described in Exhibit D for ROW , or other
circumstances giving rise to such work beyond the simple preparation of one or more
Access Agreements. The estimated pre-paid fee shall be billed in advance.3.4 Pole Attachment Fee. A pre-paid fee which is charged for the occupancy,
including during any Make-Ready period, of one foot of pole space (except for antenna
attachment which requires two (2) feet). This fee shall be annual unless Nevada
Wireless requests that it be semi-annual.
Innerduct Occupancy Fee. A pre-paid fee which is charged for the
occupancy, including during any Make-Ready period, of an innerduct on a per foot basis.
This fee shall be annual unless Nevada Wireless requests that it be semi-annual.
Access Agreement Consideration. A pre-paid fee which constitutes
consideration for conveying access to the ROW to Nevada Wireless. This fee shall be a
one-time (Le. nonrecurring) fee.
Ordering
There are two (2) steps required before placing an order for access to ROW, duct/innerduct and
pole attachment: Inquiry Review and Field Verification.
8.4.Inquiry Reviews. Upon receipt of an inquiry regarding ROW access, pole
attachment or duct/innerduct occupancy, Qwest will provide Nevada Wireless with
Exhibit D. Nevada Wireless will review the documents and provide Qwest with maps of
the desired area indicating the routes and entrance points for proposed attachment
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proposed occupancy or proposed Nevada Wireless construction on Qwest owned or
controlled poles, duct/innerduct and ROW as well as the street addresses of any multi-
unit buildings upon or through which Nevada Wireless proposes construction on ROW
owned or controlled by Qwest. Nevada Wireless will include the appropriate Inquiry Fee
with a completed Attachment 1.A from Exhibit D.
8.4.Inquiry Review - Duct/Conduit/lnnerduct. Qwest will complete the
database inquiry and prepare a duct/conduit structure diagram (referred to as a
Flatline ) which shows distances and access points (such as manholes). Along
with the Flatline will be estimated costs for field verification of available facilities.
These materials will be provided to the Nevada Wireless within ten (10) calendar
Days or within the time frames of the applicable federal or state law, rule or
regulation.
8.4.Inquiry Review - Poles. Qwest will provide the name and contact
number for the appropriate local field engineer for joint validation of the poles and
route and estimated costs for field verification on Attachment 1.8 of Exhibit 0
within ten (10) calendar Days of the request.
8.4.Inquiry Review - ROW. Qwest shall, upon request of Nevada
Wireless, provide the ROW matrix, the MDU matrix and a copy of all publicly
recorded agreements listed in those matrices to Nevada Wireless within ten (10)
Days of the request. Qwest will provide to Nevada Wireless a copy of
agreements listed in the matrices that have not been publicly recorded in Exhibit
, Attachment pursuant to the terms in Section 9.27.2. Qwest may redact all
dollar figures from copies of agreements listed in the matrices that have not been
publicly recorded that Qwest provides to Nevada Wireless. Any dispute over
whether terms have been redacted appropriately shall be resolved pursuant to
the dispute resolution procedures set forth in this Agreement. Qwest makes no
warranties concerning the accuracy of the information provided to Nevada
Wireless; Nevada Wireless expressly acknowledges that Qwest's files contain
only the original ROW instruments, and that the current owner(s) of the fee
, estate may not be the party identified in the document provided by Qwest.
8.4.Field Verification - Poles Duct/lnnerduct and Access Agreement
Preparation (ROW). will review the inquiry results and determine whether to proceed
with field verification for poles/ducts or Access Agreement preparation for ROW. If field
verification or Access Agreement preparation is desired , Nevada Wireless will sign and
return Attachment 1.8 of Exhibit 0 along with a check for the relevant verification fee
(Field Verification Fee or Access Agreement Preparation Fee) plus $10.00 per Access
Agreement as consideration for the Access Agreement. Upon payment of the relevant
fee and Access Agreement consideration if applicable, Qwest will provide, as
applicable: depending on whether the request is for poles, duct/innerduct or ROW: (a) in
the case of innerduct/duct/conduit, a field survey and site investigation of the
innerduct/duct/conduit, including the preparation of distances and drawings, to determine
availability of existing innerduct/duct/conduit; identification of Make-Ready costs required
to provide space; the schedule in which the Make-Ready work will be completed; and
the annual recurring prices associated with the attachment of facilities; (b) in the case of
ROW , the completed Access Agreement(s), executed and acknowledged by Qwest.
Upon completion of the Access Agreement(s) by Nevada Wireless, in accordance with
the instructions, terms and conditions set forth in Exhibit 0 , the Access Agreement
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becomes effective to convey the interest identified in the Access Agreement (if any).
Any dispute regarding whether a legal agreement conveys a ROW shall be resolved
between Nevada Wireless and the relevant third party or parties, and such disputes shall
not involve Qwest; and/or (c) In the case of poles , estimates of Make-Ready costs and
the annual recurring prices associated with the attachment of facilities shall be as
provided in Exhibit A. The verification of (a), (b), and (c), above, shall be completed by
Qwest not later than forty-five (45) calendar Days after Nevada Wireless s submission of
the inquiry request. Make-ready time, if any, and Nevada Wireless review time is not
part of the forty-five (45) Day interval. The Attachment 2 quotation shall be valid for
ninety (90) calendar Days.
8.4.Nevada Wireless-Performed Field Verification. At the option of
Nevada Wireless, it may perform its own field verification (in lieu of Qwest
performing same) with the following stipulations: 1) Verifications will be
conducted by a Qwest approved contractor; 2) A Qwest contractor will monitor
the activity of Nevada Wireless contractor and a current labor rate will be
charged to Nevada Wireless; 3) Nevada Wireless will provide Qwest with a
legible copy of manhole butterfly drawings that reflect necessary Make-Ready
effort; and 4) Qwest will use the Nevada Wireless-provided butterfly drawings
and documentation to check against existing jobs and provide a final field report
of available duct/innerduct. Nevada Wireless will be charged standard rates for
Tactical Planner time.
8.4.Order - Poles and Duct/lnnerduct. The review, signing and return of
Attachment 2 of the General Information Document along with payment of the Make-
Ready and prorated recurring access charges for the current relevant period (annual or
semi-annual) shall be accepted as an Order for the attachment or occupancy. Upon
receipt of the accepted Order from Nevada Wireless and applicable payment for the fees
identified, Qwest will assign the requested space and commence any Make-Ready work
which may be required. Qwest will notify Nevada Wireless when poles/duct/innerduct
are ready.
8.4.4 Make-Heady - Estimates of Make-Ready are used to cover actual Make-
Ready costs.
8.4.4.If Qwest requests , Nevada Wireless will be responsible for
payment of the actual Make-Ready costs determined if such costs exceed the
estimate. Such payment shall be made within thirty (30) Days of receipt of an
invoice for the costs that exceed the estimate.
8.4.4.Within fifteen (15) business Days of a request, Qwest will provide
Nevada Wireless copies of records reflecting actual cost of Make-Ready work;
provided , however, that, if Qwest does not possess all such records at the time of
the request, then Qwest will provide copies of such records within fifteen (15)
business Days of receipt of such records. Nevada Wireless must request such
records , if at all, within sixty (60) calendar Days after written notification of the
completion of the Make-Ready work.
8.4.4.If the actual Make-Ready costs are less than the estimate, an
appropriate credit for the difference will be issued upon request. Such request
must be received within sixty (60) calendar Days following Nevada Wireless
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receipt of copies of records if Nevada Wireless has requested records under this
paragraph, or within sixty (60) calendar Days after written notification of the
completion of Make-Ready work if Nevada Wireless has not requested records
under this paragraph. Such credit will issue within ten (10) business Days of
Qwest's receipt of either all records related to such actual costs or Nevada
Wireless s request for credit, whichever comes last, but in no event later than
ninety (90) calendar Days following the request for credit.
8.4.4.4 If Nevada Wireless cancels or if, due to circumstances unforeseen
during inquiry/verification , Qwest denies the request for poles, ducts or ROW
upon Nevada Wireless request, Qwest will also refund the difference between
the actual Make-Ready costs incurred and those prepaid by Nevada Wireless, if
any. Such request must be made within thirty (30) calendar Days of Nevada
Wireless s receipt of written denial or notification of cancellation. Any such
refund shall be made within ten (10) business Days of either receipt of Nevada
Wireless s request or Qwest's receipt of all records relating to the actual costs,
whichever comes last, but in no event later than ninety (90) calendar Days
following the denial.
Billing
Nevada Wireless agrees to pay the following fees in advance as specified
in Attachments 1., 1., and 2 of Exhibit D: Inquiry Fee, Field Verification Fee, Access
Agreement Preparation Fee, Make-Ready Fee, Pole Attachment Fee, Duct/lnnerduct
Occupancy Fee and Access Agreement Consideration. Make-Ready Fees will be
computed in compliance with applicable local , state and federal guidelines. Usage fees
for poles/duct/innerduct (Le., Pole Attachment Fee and Duct/lnnerduct Occupancy Fee)
will be assessed on an annual basis (unless Nevada Wireless requests a semi-annual
basis). Annual usage fees for poles/duct/innerduct will be assessed as of January 1 of
each year. Semi-annual usage fees for poles/duct/innerduct will be assessed as of
January 1 and July 1 of each year. All fees shall be paid within thirty (30) Days following
receipt of invoices. All fees are not refundable except as expressly provided herein.
Maintenance and Repair
In the event of any service outage affecting both Qwest and Nevada
Wireless, repairs shall be effectuated on a non-discriminatory basis as established by
local , state or federal requirements. Where such requirements do not exist, repairs shall
be made in the following order: electrical , telephone (EAS/Local), telephone (long
distance), and cable television, or as mutually agreed to by the users of the affected
poles/duct/innerduct.
Interconnection to Line Information Database (LlDB)
Line Information Database (LlDB) Storage
Description -- LlDB Storage
Line Information Database (LlDB) stores various telephone line
numbers and Special Billing Number (SBN) data used by Operator Services
systems to process and bill Alternately Billed Services (ABS) calls. The Operator
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Services system accesses LlDB data to provide originating line (calling number),
Billing number and terminating line (called number) information. LlDB is used for
calling card validation , fraud prevention, Billing or service restrictions and the
sub-account information to be included on the call's Billing record.
2 Telcordia s GR-446-CORE defines the interface between the
administration system and LlDB including specific message formats (Telcordia
TR-NWP-OOOO29, Section 9).
Terms and Conditions -- LlDB Storage
Nevada Wireless will provide initial data , add, update or delete
data, and license said data to Qwest for placement in Qwest's LlDB. Nevada
Wireless will provide and maintain necessary information to enable Qwest to
provide LlDB services. Nevada Wireless will ensure , to the extent possible, the
accuracy of the data provided to Qwest for storage in Qwest's LlDB , and supply
updated and changed data in a timely manner.
Rate Elements -- LlDB Storage
LlDB Data Storage does not have a recurring charge. When
electronic access becomes available , a one-time nonrecurring fee may be
charged for the initial load of Nevada Wireless s data into LlDB.
1.4 Ordering -- LlDB Storage
1.4.Qwest will be responsible for loading and updating Nevada
Wireless s line records into the LlDB database from the data provided by Nevada
Wireless. The establishment of Nevada Wireless line records will be provisioned
through an interim manual process. Updates, adds , changes and deletions
subsequent to the initial file for establishment must be e-mailed to Qwest.
Emergency updates (adds , changes, deletes) may be faxed. Nevada Wireless is
responsible for the accuracy of the data sent to. Qwest. Inquiries from Nevada
Wireless must be faxed to Qwest using the approved forms appropriate for the
type of inquiry requested.
Line Validation Administration System (LVAS) Access
Description -- LV AS Access
LVAS is the comprehensive administrative management tool
which loads the LlDB data and coordinates line record updates in Qwest's
redundant LlDB databases. LVAS is the vehicle that audits stored information
and assures accurate responses.
Wirelesss.
LVAS access is available only to Facility-Based Nevada
Terms and Conditions -- LVAS Access
Nevada Wireless will provide Qwest with the following information:
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cards, Originating Line Number Screening (OLNS), ABS , etc.b) Nevada Wireless s Revenue Accounting Office (RAO),
Operating Customer Number (OCN), and/or Local Service Provider
Identification (LSPI);c) The NPA NXX and signaling point codes for the operator
or End Office switches from which queries are launched;d) The identity of Nevada Wireless s SS7 provider for Number
Portability, ABS , OLNS and calling name;e) The identity of Nevada Wireless Operator Services
provider for ABS queries;
Intentionally Left Blank; and
g)
The contact names and fax numbers of all Nevada
Wireless personnel to be contacted for fraud notification and LlDB data
administration.
Nevada Wireless will e-mail to Qwest all updates, adds, changes
and deletions to the initial file in ASCII format.
Within one (1) business Day of receipt of the file, Qwest will
attempt to load the file into LV AS. If Qwest successfully loads the file into LV AS
the originator of Nevada Wireless s files will be notified by Qwest.
2.4 In the event that Qwest is not successful in loading the file
because errors were detected , Qwest will e-mail the file back to Nevada Wireless
with an error notice.
Reserved for Future Use.
Qwest will provide to Nevada Wireless the necessary methods
and procedures when the LV AS electronic interface becomes available.
Rate Elements -- LV AS Access
LlDB Line Record Initial Load Charge - Nevada Wireless shall
reimburse Qwest for all charges Qwest incurs relating to the input of Nevada
Wireless s End User Customer line record information, including the formatting of
data so that it may be loaded into LV AS.
Mechanized Service Account Update - LV AS Access is the
product which allows Nevada Wireless to add, update and delete telephone line
numbers from the Qwest LlDB for Nevada Wireless s End User Customers.
Qwest will charge Nevada Wireless for each addition or update processed.
Individual Line Record Audit - Nevada Wireless may verify the
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data for a given ten (10) digit line number using an inquiry of its End User
Customer data.
3.4 Account Group Audit - Nevada Wireless may audit an individual
Account Group NPA-NXX.
2.4 Expedited Request Charge for Manual Updates
2.4.Nevada Wireless may request an expedited manual update to the
LlDB database that requires immediate action (Le., deny PIN number). Qwest
shall assess Nevada Wireless an expedited request charge for each manual
update.
Ordering - LV AS Access.
LV AS report queries from Nevada Wireless must be faxed to
Qwest MIDAS center using the approved forms appropriate for the type of inquiry
requested.
Billing - Line Validation Administration System (LV AS) Access.
9.2.When electronic access becomes available, a per query rate may
apply to each Mechanized Service Account Update, Individual Line Record Audit
Account Group Audit, and Expedited Request Charge for Manual Updates.
LlDB Query Service
Description - LlDB Query Service
LlDB Query Service provides information to query originators for
use in processing Alternately Billed Services (ABS) calls. ABS call types include
calling card, billed to third number, and collect calls.
On behalf of Nevada Wireless, Qwest will process LlDB queries
from query originators (Telecommunications Carriers) requesting Nevada
Wireless telephone line number data. Qwest allows LlDB query access through
Qwest regional STPs.
Terms and Conditions - LlDB Query Service
All LlDB queries and responses from Operator Services systems
and End Offices are transmitted over a CCS network using a Signaling System 7
(SS7) protocol (TR-NWT-000246, Bell Communications Research Specification
of Signaling System 7).
The application data needed for processing LlDB data are
formatted as Transaction Capabilities Application Part (TCAP) messages. TCAP
messages may be carried as an application level protocol using SS7 protocols
for basic message transport.
3.2.The SCP node provides all protocol and interface support. WSP
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SS7 connections will be required to meet Telcordia s GR905, TR954 and
Qwest's Technical Publication 77342 specifications.
2.4 Qwest will include WSP-provided data in Qwest's LlDB
accordance with Section 9.2 (LiDB Storage), and allow access to the data
subject to Qwest negotiated agreements with Telecommunications Carriers
allowing Nevada Wireless s End User Customers the same benefits of said
agreements as enjoyed by Qwest End User Customers. Qwest will update
Nevada Wireless data , as requested by Nevada Wireless. Qwest will perform
services provided hereunder and determine the applicable standard for the data
in accordance with operating methods, practices and standards in effect. Qwest
shall exercise reasonable efforts to provide accurate and complete LlDB
information in Qwest's LlDB.
Rate Elements - LlDB Query Service
The recurring charges for LlDB queries for Alternately Billed
Services (ABS) calls processed by an Operator Services switch are contained in
Exhibit A of this Agreement.
charges.
LlDB Query rates apply in addition to all applicable CCSAC
3.4 Ordering - LlDB Query Service
3.4.LlDB requires a connection to the Common Channel Signaling
Network (CCSN). Therefore, Nevada Wireless must have Common Channel
Signaling Access Capability (CCSAC).
3.4.Provisioning of LlDB is done via the LlDB Access Request Form.
Upon receipt of an accurate LlDB Access Request Form , Qwest will complete all
necessary work and service will be available within seven (7) business Days.
3.4.In addition to the LlDB Request Form , Hub Providers requesting
LlDB services on behalf of Nevada Wireless must furnish Qwest a Proof of
Authorization to prove that they have Nevada Wireless authorization to provide
these services. This letter must be on file prior to Provisioning.
Fraud Alert Notification
9.4.Description - Fraud Alert Notification
9.4.The WatchDog Fraud Management System (FMS) processes the
LlDB query detail records to establish patterns and identify potential fraudulent
situations. WatchDog issues an alert to the Qwest Fraud Investigation Unit
(FlU). Qwest will notify Nevada Wireless of system alerts on Nevada Wireless
End User Customer lines.
9.4.Terms and Conditions - Fraud Alert Notification
9.4.Qwest will notify Nevada Wireless of system alerts on Nevada
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Wireless End User Customer lines. At the direction of Nevada Wireless, Qwest
will institute a block to prevent any further occurrence of fraud or uncollectible toll
charges in accordance with practices used by Qwest for its own End User
Customers. Such practices include , but are not limited to, removing from valid
data those data which incur fraud or uncollectible toll charges.
9.4.Rate Elements - Fraud Alert Notification
9.4.
per alert.
Fraud Alert Notification will be billed on a time and material basis
9.4.4 Ordering - Fraud Alert Notification
9.4.4.As part of the planning for LIDS Data Storage, Nevada Wireless
will provide Qwest a contact for fraud notification. The contact must be available
twenty-four (24) hours a Day, seven (7) Days a week. Qwest will not take any
action when fraud notification is received other than to notify Nevada Wireless.
Nevada Wireless may request that Qwest deny a calling card. Any request of
this type must be followed up by a fax as a confirmation.
8XX Database Query Service
Description - 8XX Database Query Service
10.8XX Database Query Service is an originating service which provides the
Carrier Identification Code (CIC) and/or the vertical features associated with the 8XX
number. Call routing information in the SMS/800 Database reflects the desires of the
owner of the 8XX number as entered in the SMS/800 by its chosen responsible
organization.
8XX Optional Features
10.POTS Translation - Delivers the ten-digit Plain Old Telephone Service
(POTS) number to Nevada Wireless. To determine that the call originated as an 8XX
number, the trunk group must be provisioned with Automatic Number Identification
(ANI). ANI digit 24 will be delivered to the trunk group.
10.Call Handling and Destination Features - This will allow routing options by
specifying a single Carrier, multiple Carriers, single termination or multiple terminations.
Multiple terminations may require the POTS translation feature. Variable routing options
are:
Routing by originating NPA-NXX-XXXX;
Time of Day;
Day of week;
Specified date; and
Allocation by percentage.
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Rate Elements
10.The recurring charges for axx Database Query Service, POTS
Translation , and Call Handling and Destination Features are contained in Exhibit A of
this Agreement.
10.The rates for axx Database Query Service only apply to queries from
Nevada Wireless s switch to the Qwest axx Database. If Nevada Wireless routes axx
traffic to Qwest for delivery to an Interexchange Carrier, the call shall be handled as
jointly provided switched Access. If Nevada Wireless routes such traffic to Qwest
without performing the query, Qwest shall perform the query in accordance with its
switched Access Tariff.
10.Nonrecurring Options Activations Charge will apply for Nevada Wireless
to activate axx Database Query Service. These rate elements are contained in the
CCSAC/SS7 section of Exhibit A.
Ordering Process
10.4.Nevada Wireless shall order access to Qwest local STP (links and ports)
prior to or in conjunction with axx Database Query Service.
10.4.The information and time intervals to order STP (links and ports) are
contained in the Common Channel Signaling Capability/SS7 Section of this Agreement.
STP links and ports are required with axx Database Query Service.
10.4.axx Database Query Service shall be provided within thirty (30) Days
after Nevada Wireless has access to the Qwest local STP.
Technical Requirements
10.Qwest shall make Qwest's Toll Free Number Database available, through
its STPs, for Nevada Wireless to query from Nevada Wireless s designated switch.
10.The Toll Free Number Database shall return Carrier identification and
where applicable , the queried toll free number, translated numbers and instructions as it
would in response to a query from a Qwest switch.
Interface Requirements
10.The signaling interface between Nevada Wireless s or other local switch
and the Toll-Free Number Database shall use the TCAP protocol as specified in the
technical references together with the signaling network interface.
Technical References
SCPs/Databases shall be consistent with the following technical references:
10.1 GR-246-CORE, Bell Communications Research Specification of Signaling
System Number 7, Issue 1 (Bellcore, December 1994);
10.GR-1432-CORE, CCS Network Interface Specification (CCSNIS)
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Supporting Signaling Connection Control Part (SCCP) and Transaction Capabilities
Application Part (TCAP) (Bellcore, March 1994);
10.3 GR-954-CORE , CCS Network Interface Specification (CCSNIS)
Supporting Line Information Database (LlDB) Service 6, Issue 1 , Rev. 1 (Bellcore,
October 1995);
10.7.4 GR-1149-CORE OSSGR Section 10: System Interfaces, Issue
(Bellcore, October 1995) (Replaces TR-NWT-001149);
10.5 GR-1158-CORE, OSSGR Section 22.3: Line Information Database 6,
Issue (Bellcore, October 1995); and
10.6 WGR-1428-CORE , CCS Network Interface Specification (CCSNIS)
Supporting Toll Free Service (Bellcore , May 1995).
InterNetwork Calling Name (ICNAM)
Currently Wireless Carriers do not query the Qwest Calling Name Database. Nevada Wirelesss
query a database using and IS41 SS7 Message Type which cannot be accepted by Qwest
Database. In addition, Wireless switches may not have the capability of launching ICNAM
queries. Qwest does store ICNAM information for Nevada Wirelesss for land line End User
Customers to query.
11.Description
11.InterNetwork Calling Name (ICNAM) is a Qwest service that allows
Nevada Wireless to query Qwest's ICNAM database and secure the listed name
information for the requested telephone number (calling number), in order to deliver that
information to Nevada Wireless s End User Customers.
11.ICNAM database contains current listed name data by working telephone
number served or administered by Qwest, including listed name data provided by other
Telecommunications Carriers participating in the calling name delivery service
arrangement.
11.Terms and Conditions
11.In response to queries properly received at Qwest's ICNAM database
Qwest will provide the listed name of the calling party that relates to the calling
telephone number (when the information is actually available in Qwest's database and
the delivery thereof is not blocked or otherwise limited by the calling party or other
appropriate request). Nevada Wireless is responsible for properly and accurately
launching and transmitting the query from its serving office to the Qwest database.
11.In response to proper signaling queries, Qwest will provide Nevada
Wireless with ICNAM database End User Customer information if the calling party s End
User Customer information is stored in the Qwest ICNAM database. As a result, the
called party End User Customer can identify the calling party listed name prior to
receiving the call , except in those cases where the calling party End User Customer has
its ICNAM information blocked.
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11.Qwest will allow Nevada Wireless to query Qwest's ICNAM database in
order to obtain ICNAM information that identifies the calling party End User Customer.
11.2.4 The ICNAM service shall include the database dip and transport from
Qwest's regional STP to Qwest's SCP where the database is located. Transport from
Nevada Wireless s network to Qwest's local STP is provided via Links , which are
described and priced in the CCSAC/SS7 Section of this Agreement.
11.Nevada Wireless shall send queries conforming to the American National
Standards Institute s (ANSI) approved standards for SS7 protocol and per the following
specification standard documents:
Telcordia-SS7 Specification, TR-NPL-000246;
ANSI-SS7 Specifications;
Message Transfer Part T1.111 ;
Signaling Connection Control Part T1.112;
Transaction Capabilities Application Part T1.114;
Telcordia-CLASS Calling Name Delivery;
Generic Requirements, TR-NWT-001188; and
Telcordia-CCS Network Interface Specifications, TR-TSV-000905.
11.Nevada Wireless acknowledges that transmission in the above protocol is
necessary for Qwest to provision its ICNAM services. Nevada Wireless will adhere to
other applicable standards, which include Telcordia specifications defining service
applications, message types and formats. Qwest may modify its network pursuant to
other specification standards that may become necessary to meet the prevailing
demands within the United States Telecommunications industry. All such changes shall
be announced in advance and coordinated with Nevada Wireless.
11.All queries to Qwest's ICNAM database shall use a subsystem number
(the designation of application) value of 250 with a translation type value of 5. Nevada
Wireless acknowledges that such subsystem number and translation type values are
necessary for Qwest to properly process queries to Qwest's ICNAM database.
11.2.Nevada Wireless acknowledges and agrees that SS7 network overload
due to extraordinary volumes of queries and/or other SS7 network messages can and
will have a detrimental effect on the performance of Qwest's SS7 network. Nevada
Wireless further agrees that Qwest, in its sole discretion , shall employ certain automatic
and/or manual overload controls within the Qwest SS7 network to safeguard against any
detrimental effects. Qwest shall report to Nevada Wireless any instances where
overload controls are invoked due to Nevada Wireless s SS7 network, and Nevada
Wireless agrees in such cases to take immediate corrective actions as necessary to cure
the conditions causing the overload situation.
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11.Qwest shall exercise reasonable efforts to provide accurate and complete
ICNAM information in Qwest's ICNAM database. The ICNAM information is provided on
an as-is Basis with all faults. Qwest does not warrant or guarantee the correctness or
the completeness of such information; however, Qwest will access the same ICNAM
database for Nevada Wireless s queries as Qwest accesses for its own queries. In no
event shall Qwest have any liability for system outage or inaccessibility or for losses
arising from the authorized use of the ICNAM data by Nevada Wireless.
11.10 Nevada Wireless shall arrange its Calling Party Number based services in
such a manner that when a calling party requests privacy, Nevada Wireless will not
reveal that caller s name or number to the called party (Nevada Wireless s End User
Customer). Nevada Wireless will comply with all FCC guidelines and, if applicable, the
appropriate Commission rules, with regard to honoring the privacy indicator.
11.11 Qwest retains full and complete ownership and control over the ICNAM
database and all information in its database. Nevada Wireless agrees not to copy, store
maintain or create any table or database of any kind from any response received after
initiating an ICNAM query to Qwest's database. Nevada Wireless will prohibit its End
User Customers from copying, storing, maintaining, or creating any table or database of
any kind from any response provided by Nevada Wireless to its End User Customer
after Nevada Wireless initiated an ICNAM query to Qwest's ICNAM database.
11.12 Qwest reserves the right to temporarily discontinue the ICNAM service if
Nevada Wireless s incoming calls are so excessive as determined by Qwest to
jeopardize the viability of the ICNAM service.
Rate Elements
11.
Agreement.
Rate elements for ICNAM services are contained in Exhibit A of this
Billing
11.4.Nevada Wireless agrees to pay Qwest for each and every query initiated
into Qwest's ICNAM database for any information , whether or not any information is
actually provided.
11.4.ICNAM rates will be billed to Nevada Wireless monthly by Qwest for the
previous month.
Ordering Process
11.Nevada Wireless shall order access to Qwest local STP (links and ports)
prior to or in conjunction with ICNAM Services. Section 9.13 contains information on
ordering SS7 and STP links and ports.
11.If Nevada Wireless has an existing database of names that needs to be
compiled into the appropriate format, ICNAM service will begin thirty (30) Days after
Qwest has received from Nevada Wireless its database information.
11.If Nevada Wireless has no existing End User Customer base , then
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ICNAM service will begin seven (7) Days after Qwest receives the Nevada Wireless
order.
Construction Charges
12.Qwest will conduct an individual financial assessment of any request that
requires construction of network capacity, facilities, or space for access to or use of
UNEs. When Qwest constructs to fulfill Nevada Wireless s request for UNEs, Qwest will
bid this construction on a case-by-case basis. Qwest will charge for the construction
through nonrecurring charges and a term agreement for the remaining recurring charge,
as described in the Construction Charges Section. When Nevada Wireless orders the
same or substantially similar service available to Qwest End User Customers, nothing in
this Section shall be interpreted to authorize Qwest to charge Nevada Wireless for
special construction where such charges are not provided for in a Tariff or where such
charges would not be applied to a Qwest End User Customer.
13 Access to Signaling
13.Description
13.Qwest will provide Nevada Wireless with non-discriminatory access to
signaling networks , including signaling links and Signaling Transfer Points (STP), call-
related databases and Service Management Systems (SMS) on an unbundled basis.
The individual call-related databases and associated SMS are addressed in this Section.
Access to Qwest's signaling network provides for the exchange of signaling information
necessary to exchange traffic and access call-related databases. Signaling networks
enable Nevada Wireless the ability to send SS7 messages between its switches and
Qwest's switches, and between Nevada Wireless s switches and those third party
networks with which Qwest's signaling network is connected. Nevada Wireless may
access Qwest'signaling network from a Nevada Wireless switch via unbundled
signaling and unbundled signaling transport elements between Nevada Wireless s switch
and Qwest STPs. Qwest will offer unbundled access to its signaling network to Nevada
Wirelesss that request signaling as an Unbundled Network Element or as part of a UNE
combination. Nevada Wireless may access Qwest's signaling network from each of its
switches via a signaling link pair between its switch and the Qwest STPs. Nevada
Wireless may make such connection in the same manner as Qwest connects one of its
own switches to STPs. Access to Qwest'signaling network for purposes
Interconnection and the exchange of traffic is as addressed in this Section. The
Common Channel Signaling used by the Parties shall be Signaling System 7.
13.Common Channel Signaling Access Capability/Signaling System 7
(CCSAC/SS7) provides multiple pieces of signaling information via the SS7 network.
This signaling information includes, but is not limited to, specific information regarding
calls made on associated Feature Group D trunks and/or LIS trunks, Line Information
Database (LlDB) data, Local Number Portability (LNP), Custom Local Area Signaling
Services (CLASS), 8XX set up information, Call Set Up information and transient
messages.
13.Optional features of CCSAC/SS7 are dependent on specific Nevada
Wireless design requirements as well as the existence of adequate transport facilities.
Transport facilities must be in place to accommodate Call Set Up of related Feature
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Group 0 and/or LIS messages, transient messages , and other Ancillary services (e.
LlDB data and axx set up information).
13.Terms and Conditions
13.All elements of the unbundled CCSAC/SS7 arrangement will be
developed on an Individual Case Basis based on Nevada Wireless design
requirements. All of Nevada Wireless s unbundled design elements are subject to
facility requirements identified below.
13.At a minimum, transport facilities must exist from Nevada Wireless s Point
of Presence or Signaling Point of Interface (SPOI) to the identified Qwest STP location.
13.Nevada Wireless s CCSAC/SS7 design requirements will include, but are
not limited to:
13.STP Port - This element is the point of termination to the signal
switching capabilities of the STP. Access to a Qwest STP Port is required at a
DSO level.
13.Specific Point Code detail including the identification of Nevada
Wireless s Originating, Destination and Signaling Options (Le., ISDN User Part
(ISUP) or Transaction Capabilities Application Part (TCAP) requirements).
13.All signaling routing requirements will be identified in Nevada
Wireless s design. Nevada Wireless will provide industry standard codes
identifying Qwest End Offices, Tandems , sub-tending End Offices and STPs that
will be included in the designed unbundled signaling arrangement.
13.2.4 The CCSAC/SS7 unbundled arrangement must meet the following
requirements:
13.2.4.1 Both Qwest and Nevada Wireless are obligated to follow existing
industry standards as described in Telcordia documents including but not limited
to GR-905 CORE, GR-954-CORE , GR-394-CORE and Qwest Technical
Publication 77342.
13.2.4.Nevada Wireless switch or network SS7 node must meet
industry and Qwest certification standards.
13.2.4.Unbundled transport facilities as identified in Section 9 of this
Agreement must be provisioned at a minimum OS capacity at Nevada
Wireless s Point of Presence or SPOI. This facility must be exclusively used for
the transmission of network control signaling data.
13.2.4.4 Calling Party Number (CPN), or a reasonable alternative , will be
delivered by each Party to the other, in accordance with FCC requirements
when received from another Carrier or from the telephone equipment of the End
User Customer.
13.2.4.Carrier Identification Parameter (CIP) will be delivered by Nevada
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Wireless to Qwest in accordance with industry standards, where Technically
Feasible.
13.2.4.Provisions relating to call related databases (Le., axx, LlDB
Advanced Intelligent Network (AIN), etc.) are contained in other parts of this
Section of this Agreement.
13.Rate Elements
Rates and charges for the unbundled CCSAC/SS7 elements will be assessed based on Nevada
Wireless s specific design requirements. Both nonrecurring and monthly recurring rates may be
applicable. Message rating applies to all messages traversing the Qwest signaling network.
Messages which are transient in nature (not destined for Qwest databases) will be assessed
message rates. Pricing detail is provided in Exhibit A of this Agreement. Rate elements for
unbundled CCSAC/SS7 elements are:
13.Nonrecurring Rates. CCSAC Option Activation Charge assessed for
adding or changing a point code in the signaling network. Qwest will charge Nevada
Wireless based upon its selection of either basic or database activation, as detailed in
Exhibit A of this Agreement.
13.Recurring Rates
13.
STP.
STP Port: A monthly recurring charge, per connection into the
13.Signal Formulation Charge: A per call set up charge for
formulating the ISUP message at a SS7 SP/SSP.
13.Signal Transport Charge: A per call set up request or data request
charge for the transmission of signaling data between the local STP and an End
Office SP/SSP. This rate element includes separate charges for ISUP and TCAP
messages.
13.2.4 Signal switching Charge: A per call set up request or data request
charge for switching an SS7 message at the local STP. This rate element
includes separate charges for ISUP and TCAP messages.
13.4 Ordering
13.4.CCSAC/SS7 unbundled Nevada Wireless-designed elements will initially
require design information from Nevada Wireless. Ordering for CCSAC/SS7 will be
handled on an individual basis, using service activation meetings between Nevada
Wireless and Qwest. Nevada Wireless will provide a Translation Questionnaire, Link
Data Sheet and ASR during the service activation meetings.
13.4.Qwest will provide jeopardy notification , Design Layout Reports (DLR),
Completion Notification and Firm Order Confirmation (FOC) in a non-discriminatory
manner.
13.4.Due date intervals for CCSAC/SS7 will be established on an Individual
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Case Basis.
13.Maintenance and Repair
13.The Parties will perform cooperative testing and trouble isolation to
identify where trouble points exist. Nevada Wireless cross connections will be repaired
by Nevada Wireless and Qwest cross connections will be repaired by Qwest.
Maintenance and Repair processes are contained in Section 12 of this Agreement.
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Network Security
SECTION 10.0 - NETWORK SECURITY
10.Protection of Service and Property. Each Party shall exercise the same degree of
care to prevent harm or damage to the other Party and any third parties , its employees, agents
or End User Customers , or their property as it employs to protect its own personnel , End User
Customers and property, etc.
10.Each Party is responsible to provide security and privacy of communications. This
entails protecting the confidential nature of Telecommunications transmissions between End
User Customers during technician work operations and at all times. Specifically, no employee
agent or representative shall monitor any circuits except as required to repair or provide service
of any End User Customer at any time. Nor shall an employee, agent or representative disclose
the nature of overheard conversations, or who participated in such communications or even that
such communication has taken place. Violation of such security may entail state and federal
criminal penalties , as well as civil penalties. Nevada Wireless is responsible for covering its
employees on such security requirements and penalties.
10.The Parties' Telecommunications networks are part of the national security
network, and as such, are protected by federal law. Deliberate sabotage or disablement of any
portion of the underlying equipment used to provide the network is a violation of federal statutes
with severe penalties, especially in times of national emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.
10.4 Each Party is responsible for the physical security of its employees, agents or
representatives. Providing safety glasses , gloves, etc. must be done by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibility of the employing Party. Proper use of tools, ladders
and test gear is the training responsibility of the employing Party.
10.In the event that one Party s employees, agents or representatives inadvertently
damage or impair the equipment of the other Party, prompt notification will be given to the
damaged Party by verbal notification between the Parties' technicians at the site or by
telephone to each Party s 24 x 7 security numbers.
10.Qwest and Nevada Wireless employees, agents and vendors will display the
identification/access card above the waist and visible at all times.
10.Qwest and Nevada Wireless shall ensure adherence by their employees , agents
and vendors to all applicable Qwest environmental health and safety regulations. This includes
all fire/life safety matters, OSHA, EPA, Federal, State and local regulations, including
evacuation plans and indoor air quality.
10.Revenue Protection. Qwest shall make available to Nevada Wireless 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 CO COT
pay phone originating line types respectively; call blocking of domestic, international, 800, 888
900, NPA-976 , 700 and 500 numbers. Qwest shall additionally provide partitioned access to
fraud prevention , detection and control functionality within pertinent Operations Support
Systems which include but are not limited to LlDB Fraud monitoring systems.
10.Uncollectable or unbillable revenues resulting from, but not confined to
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Provisioning, maintenance, or signal network routing errors shall be the responsibility of
the Party causing such error or malicious acts, if such malicious acts could have
reasonably been avoided.
10.To the extent that incremental costs are directly attributable to a revenue
protection capability requested by Nevada Wireless, those costs will be borne by
Nevada Wireless.
10.To the extent that either Party is liable to any toll provider for fraud and to
the extent that either Party could have reasonably prevented such fraud, the Party who
could have reasonably prevented such fraud must indemnify the other for any fraud due
to compromise of its network (e., clip-on, missing information digits, missing toll
restriction , etc.
10.8.4 If Qwest becomes aware of potential fraud with respect to Nevada
Wireless s accounts, Qwest will promptly inform Nevada Wireless and , and the direction
of Nevada Wireless, take reasonable action to mitigate the fraud where such action is
possible.
10.Law Enforcement Interface. Qwest provides emergency assistance to 911 centers
and law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day.
Assistance includes , but is not limited to, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from
an emergency trap/trace or *57 trace; requests for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb
threats , extortion/scams , runaways and life threats.
10.10 Qwest 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 Nevada Wireless, for any lines served from Qwest Wire Centers or cross
boxes.
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Section 11
Access to ass
SECTION 11.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)
11.Description
11.Qwest has developed OSS interfaces using an electronic gateway solution
consistent with the design prescribed by the FCC , Docket 96-, FCC 96-325, paragraph 527.
These gateways act as a mediation or control point between Nevada Wireless s and Qwest's
Operations Systems. These gateways provide security for the interface, protecting the integrity
of the Qwest network and its databases. Qwest's operational systems interfaces have been
developed to support Pre-ordering, Ordering and Provisioning, Maintenance and Repair and
Billing. Included below is a description of the products and functions supported by Qwest OSS
interfaces and the technology used by each.
11.OSS Support for Pre-Ordering, Ordering and Provisioning
11.ASR (Access Service Request) Ordering Process
11.Qwest proposes the use of existing systems for orders placed using the
ASR (Access Service Request) process. Systems in place today (EXACT) adhere to the
existing standards directed by OBF (Ordering and Billing Forum). EXACT has an
interface that accepts batch files via ConnectDirect from customers. It is the Nevada
Wireless s responsibility to obtain the appropriate software to access and interface with
Qwest systems.
11.An alternative system managed by Qwest is one that customers access
via dial-up. This system , TEllS, allows customers to directly input ASRs into a secured
database and the customer can manage their ASRs accordingly. TEllS interfaces
through a batch file process with EXACT to correctly process ASRs. It is the Nevada
Wireless s responsibility to obtain the appropriate software to access and interface with
Qwest systems.
11.
TEllS.
Type 2 Interconnection can be ordered electronically via EXACT and
11.Functions
11.Access Service Request (ASR)
11.The ASR transaction allows Nevada Wireless to submit an order.
11.Firm Order Confirmation (FOC)
11.Once an ASR is accepted by Qwest, the assigned service order
number(s) is returned to Nevada Wireless. Firm Order Confirmation means that
Qwest has received the ASR, issued the order and assigned an order number for
tracking. In addition, it identifies the due dates Qwest assigns to the order.
11.Facility Based EDI Listing Process
11.2.The Facility Based EDI Listing Process is a single interface from Nevada
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Wireless to Qwest. This interface is compliant with OBF ASOG and ANSI ASC X.
standards, version 4010. This interface enables Nevada Wireless listing data to be
translated and passed into the Qwest listing database. After Qwest's daily batch
processing, a Confirmation/Completion record (for every paN provided on input) is
returned to Nevada Wireless via an EDI 855 transaction.
11.Qwest will continue to make improvements to the electronic interfaces as
the technology evolves , providing notification to Nevada Wireless consistent with the
provisions of this Section.
11.Hours of Operation
11.Qwest Operational Support Systems will be available to Nevada Wireless
consistent with the Qwest retail operations and internal processes that support pre-ordering,
ordering and provisioning, maintenance and repair, and billing as they are described in this
Agreement.
11.Billing
11.4.For products billed out of the Qwest lABS system, Qwest will utilize the existing
CABS/BaS format and technology for the transmission of bills.
11.Outputs
11.lABS Bill - The lABS (Interexchange Access Billing System) Bill includes monthly
and one time charges plus a summary of any usage charges. These bills are segmented by
product, LATA, billing account number (BAN) and bill cycle. The lABS Bill media is only
provided in the following media:
Paper
NOM (Dedicated Circuit or dial-up)
11.
InterneVWEB (read only)
Magnetic Tape
Diskette
Files and Records
11.Category 11 Records: These Exchange Message Records (EMR)
provides mechanized record formats that can be used to exchange access usage
information between Qwest and Nevada Wireless. For Transit Traffic, the originating
company is responsible to follow the EMR standard and to exchange records with both
the transiting company and the terminating company, to facilitate the billing process to
the originating network.
11.Category 11-XX-XX series records are used to exchange detailed access
usage information.
11.Category 11-XX-XX series records are used to exchange summarized
access minutes-of-use and 8XX database queries.
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11.2.4
formats:
These mechanized records are available from Qwest in the following
NDM (Dedicated Circuit or dial-up)
Internet WEB
11.A charge will apply for Category 11-XX-XX records sent by Qwest to
Nevada Wireless in an EMI mechanized format. These records are used to provide
information necessary for Nevada Wireless to bill the originating carrier for jointly
provided Access Services and axx database queries. The charge is for each record
created and transmitted and is listed in Exhibit A of this Agreement.
11.Modifications to OSS Interfaces
11.Nevada Wireless and Qwest agree to discuss the modification of OSS interfaces
based upon evolving standards (e., data elements , protocols , transport networks, etc.) and
guidelines issued by or referenced by relevant Alliance for Telecommunication Industry Solution
(A TIS) Committees. Establishment of new, or changes to industry standards and guidelines will
be reviewed on no less than a quarterly basis commencing on the effective date of this
Agreement. This review will consider standards and guidelines that have reached final closure
as well as those published in final form. Both Parties agree to evaluate evolving standards and
determine the relevant modification to be implemented based upon the latest approved version
adopted or the latest version reflecting final closure by the relevant A TIS committee or
subcommittee. The Parties will use reasonable effort to reach closure upon the necessary
changes within no more than three (3) months of initiating each review and to implement the
changes within nine (9) months or earlier, if reasonably possible, unless there is agreement to a
different implementation schedule.
11.In the course of establishing operational ready system interfaces between Qwest
and Nevada Wireless to support local service delivery, Nevada Wireless and Qwest may need
to define and implement system interface specifications that are supplemental to existing
standards. Nevada Wireless and Qwest will submit such specifications to the appropriate
standards committee and will work towards its acceptance as a standard.
11.Release updates will be based on regulatory obligations as dictated by the FCC or
Commissions and , as time permits , the agreed to changes requested by the FORUM. Qwest
will provide to Nevada Wireless the features list for modifications to the interface ninety (90)
Days prior to any release date. Specifications for interface modifications will be provided to
Nevada Wireless three (3) weeks prior to the release date. Nevada Wireless is required to
upgrade to the current release within six (6) months of the installation date.
11.6.4 This Section constitutes the entirety of the OSS agreement. Nothing beyond what
is described herein should be implied or inferred.
11.Nevada Wireless Responsibilities for Implementation of OSS Interfaces
11.Before any Nevada Wireless implementation can begin , Nevada Wireless must
completely and accurately provide detailed information needed by Qwest to establish service for
Nevada Wireless.
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11.Wholesale Services (WS) Systems Help Desk
11.The WS Systems Help Desk will provide a single point of entry for Nevada
Wireless to gain assistance in areas involving connectivity and File Outputs. These areas are
further described below.
11.Connectivity
11.Connectivity covers trouble with Nevada Wireless s access to the
Qwest System for modem configuration requirements; T1 configuration and dial
in string requirements; firewall access configuration; SecurlD configuration;
Profile Setup and password verification.
11.File Outputs
11.
Report.
File outputs system errors are limited to lABS Bill and Category
11.The WS Systems Help Desk does not support status or trouble while the
Service Order is processing through the ISC.
11.1.4 Hours of Operation
11.1.4.The WS Systems Help Desk is available Monday through Friday,
6:00 a.m. until 8:00 p.m. Mountain Time, excluding Qwest holidays.
11.9 ACCESS TO OSS FOR Wireline to Wireless LNP
11.1 Description
11.Qwest has developed and shall continue to provide Operational Support
System (OSS) interfaces using electronic gateways and manual processes for Wireline
to Wireless LNP. These gateways act as a mediation or control point between Nevada
Wireless s and Qwest's OSS. These gateways provide security for the interfaces,
protecting the integrity of the Qwest OSS and databases. Qwest's OSS interfaces have
been developed to support Pre-ordering, Ordering and Provisioning of LNP. This
section describes the interfaces and manual processes that Qwest has developed and
shall provide to Nevada Wireless. Additional technical information and details shall be
provided by Qwest in training sessions and documentation and support , such as the
Interconnect Mediated Access User s Guide." Qwest will continue to make
improvements to the electronic interfaces as technology evolves , Qwest's legacy
systems improve, or Nevada Wireless needs require. Qwest shall provide notification to
Nevada Wireless consistent with the general notifications process.
11.2 Through its electronic gateways and manual processes, Qwest shall provide
(WSP) non-discriminatory access to Qwest OSS for Pre Ordering, Ordering and
Provisioning. Qwest shall provide (WSP) access to Qwest's OSS sufficient to allow an
efficient competitor a meaningful opportunity to compete. Qwest will comply with the
standards for access to OSS set forth in Section 11. Qwest shall deploy the necessary
systems and personnel to provide sufficient access to each of the necessary OSS
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functions. Qwest shall provide assistance for (WSP) to understand how to implement
and use all of the available OSS functions. Qwest shall provide (WSP) sufficient
electronic and manual interfaces to allow (WSP) equivalent access to all of the
necessary OSS functions. Through its website, training, disclosure documentation and
development assistance, Qwest shall disclose to (WSP) any internal business rules and
other formatting information necessary to ensure that (WSP) requests and orders are
processed efficiently. Qwest shall provide training to enable (WSP) to devise its own
course work for its own employees. Through its documentation available to (WSP),
Qwest will identify how its interface differs from national guidelines or standards. Qwest
shall provide OSS designed to accommodate both current demand and reasonably
foreseeable demand.
11.2 OSS Support for Pre-Ordering, Ordering and Provisioning of Wireline to
Wireless LNP
11.Local Service Request (LSR) Ordering Process
11.Qwest shall provide electronic interface gateways for submission
of LSRs, including both an Electronic Data Interchange (EDI) interface and a
Graphical User Interface (GUI).
11.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.
11.The GUI shall provide a single interface for Pre-Order and Order
transactions from Nevada Wireless to Qwest 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/lP) to transmit messages.
11.1.4 Functions Pre Ordering - Qwest will provide real time, electronic
access to pre-order functions to support Nevada Wireless s ordering via the
electronic interfaces described herein. Qwest will make the following real time
pre-order functions available to Nevada Wireless:
11.1.4.Access to Customer Service Records (CSRs) for Qwest
retail or resale End User Customers. The information will include Billing
name, service address, Billing address, service and feature subscription
Directory Listing information, and long distance Carrier identity;
11.Dial-Up Capabilities
11.Reserved for Future Use.
11.Reserved for Future Use.
11.When Nevada Wireless requests from Qwest more than
fifty (50) SecurlDs for use by Nevada Wireless Customer service
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representatives at a single Nevada Wireless location, Nevada Wireless
shall use a T1 line instead of dial-up access at that location. If Nevada
Wireless is obtaining the line from Qwest, then Nevada Wireless shall be
able to use SECURIDs until such time as Qwest provisions the T1 line
and the line permits pre-order and order information to be exchanged
between Qwest and Nevada Wireless.
11.Qwest will establish interface contingency plans and disaster
recovery plans for the interfaces described in this Section. Nevada Wireless
specific requests for modifications to such plans will be negotiated and mutually
agreed upon between Qwest and Nevada Wireless.
11.Ordering and Provisioning - Qwest will provide access to ordering
and status functions. Nevada Wireless 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.
11.Qwest shall provide all Provisioning services to Nevada
Wireless during the same business hours that Qwest provisions services
for its End User Customers. Qwest will provide out-of-hours Provisioning
services to Nevada Wireless 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.
11.When Nevada Wireless places an electronic order, Qwest
will provide Nevada Wireless with an electronic Firm Order Confirmation
notice (FOC). The FOC will follow industry-standard formats and contain
the Qwest Due Date for order completion. 11.When Nevada
Wireless places a manual order, Qwest will provide Nevada Wireless with
a manual Firm Order Confirmation notice. The confirmation notice will
follow industry-standard formats 11.9.4 When Nevada
Wireless places an electronic order, Qwest shall provide notification
electronically of any instances when (1) Qwest's Committed Due Dates
are in jeopardy of not being met by Qwest on any service or (2) an order
is rejected.
11.
11.When Nevada Wireless places a manual order, Qwest
shall provide notification of any instances when (1) Qwest's Committed
Due Dates are in jeopardy of not being met by Qwest on any service or
(2) an order is rejected.
Reserved for Future Use
11.Reserved for Future Use
11.Reserved for Future Use
11.Notification of Changes or Information for Wireline to Wireless LNP
11.WSP can subscribe to and Qwest will provide notices related to
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changes in Qwest ass process regarding Wireline to Wireless LNP.
11.
Interfaces
Nevada Wireless Responsibilities for Implementation of ass
11.Before Nevada Wireless implementation can begin , Nevada
Wireless must completely and accurately answer the Customer Questionnaire.
11.Once Qwest receives a complete and accurate Customer
Questionnaire, Qwest and Nevada Wireless will mutually agree upon time frames
for implementation of connectivity between Nevada Wireless and the ass
interfaces.
11.Qwest Responsibilities for On-going Support for ass 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.
11.Qwest will provide written notice to Nevada Wireless of the need
to migrate to a new release.
11.Qwest will provide an EDI Implementation Coordinator to work
with Nevada Wireless for business scenario re-certification , migration and data
conversion strategy definition.
11.9.2.Re-certification is the process by which Nevada Wireless
demonstrates the ability to generate correct functional transactions for
enhancements not previously certified. Qwest will provide the suite of tests for re-
certification to Nevada Wireless with the issuance of the disclosure document.
11.8.4 Qwest shall provide training mechanisms for Nevada Wireless to
pursue in educating its internal personnel. Qwest shall provide training
necessary for Nevada Wireless to use Qwest's ass interfaces and to understand
Qwest's documentation, including Qwest's business rules.
11.
Interfaces
Nevada Wireless Responsibilities for On-going Support for ass
11.If using the GUI interface, Nevada Wireless will take reasonable
efforts to train Nevada Wireless personnel on the GUI functions that Nevada
Wireless will be using.
11.An exchange protocol will be used to transport EDI formatted
content. Nevada Wireless must perform certification testing of exchange protocol
prior to using the EDI interface.
11.Qwest will provide Nevada Wireless with access to a stable
testing environment that mirrors production to certify that its ass will be capable
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of 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 Nevada Wireless:
11.Connectivity Testing - Nevada Wireless 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 is
also conducted prior to controlled production and before going live in the
production environment if Nevada Wireless or Qwest has implemented
environment changes when moving into production.
11.2 Stand-Alone Testing Environment ("SATE") - Qwest's
stand-alone testing environment will take pre-order and order requests
pass them to the stand-alone database, and return responses to Nevada
Wireless during its development and implementation of EDI. The SATE
provides Nevada Wireless the opportunity to validate its technical
development efforts built via Qwest documentation without the need to
schedule test times. This testing verifies Nevada Wireless 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.
11.Interoperability Testing - Nevada Wireless has the option
of participating with Qwest in Interoperability testing to provide Nevada
Wireless with the opportunity to validate technical development efforts
and to quantify processing results. Interoperability testing verifies Nevada
Wireless s ability to send correct ED I transactions through the EDI system
edits successfully. Interoperability testing requires the use of valid data in
Qwest production systems. Allinteroperability pre-order queries and
order transactions are subjected to the same edits as production orders.
This testing phase is optional when Nevada Wireless 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.
11.3.4 Controlled Production - Qwest and Nevada Wireless will
perform controlled production. The controlled production process is
designed to validate the ability of Nevada Wireless to transmit EDI data
that completely meets X12 standards definitions and complies with all
Qwest business rules. Controlled production consists of the controlled
submission of actual Nevada Wireless production requests to the Qwest
production environment. Qwest treats these pre-order queries and orders
as production pre-order and order transactions. Qwest and Nevada
Wireless use controlled production results to determine operational
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readiness. Controlled production requires the use of valid account and
order data. All certification orders are considered to be live orders and
will be provisioned.
11.If Nevada Wireless is using EDI, Qwest shall provide
Nevada Wireless with a pre-allotted amount of time to complete
certification of its business scenarios. Qwest will allow Nevada Wireless
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 Nevada Wireless s business plan.
It is the sole responsibility of Nevada Wireless to schedule an
appointment with Qwest for certification of its business scenarios.
Nevada Wireless must make every effort to comply with the agreed upon
dates and times scheduled for the certification of its business scenarios.
If the certification of business scenarios is delayed due to Nevada
Wireless , it is the sole responsibility of Nevada Wireless to schedule new
appointments for certification of its business scenarios. Qwest will make
reasonable efforts to accommodate Nevada Wireless schedule. Conflicts
in the schedule could result in certification being delayed. If a delay is
due to Qwest, Qwest will honor Nevada Wireless s schedule through the
use of alternative hours.
11.9.4 If Nevada Wireless is using the EDI interface, Nevada Wireless
must work with Qwest to certify the business scenarios that Nevada Wireless will
be using in order to ensure successful transaction processing. Qwest and
Nevada Wireless shall mutually agree to the business scenarios for which
Nevada Wireless requires certification. Certification will be grante for the
specified release of the EDI interface. If Nevada Wireless is certifying multiple
products or services, Nevada Wireless has the option of certifying those products
or services serially or in parallel where Technically Feasible.
11.9.4.For a new software release or upgrade, Qwest will provide
Nevada Wireless a stable testing environment that mirrors the production
environment in order for Nevada Wireless to test the new release. For
software releases and upgrades, Qwest has implemented the testing
processes set forth in this Section.
11.New releases of the EDI interface may require re-certification of
some 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 IMA EDI release. Notice of the need for re-certification will be
provided to Nevada Wireless as the new release is implemented. The suite of
re-certification test scenarios will be provided to Nevada Wireless with the
disclosure document. If Nevada Wireless is certifying multiple products or
services , Nevada Wireless has the option of certifying those products or services
serially or in parallel, where Technically Feasible.
11.Nevada Wireless will contact the Qwest EDllmplementation
Coordinator to initiate the migration process. Nevada Wireless may not need to
certify to every new EDI release, however, Nevada Wireless must complete the
re-certification and migration to the new EDI release within six (6) months of the
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deployment of the new release. Nevada Wireless 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.
11.The following rules apply to initial development and
certification of EDI interface versions and migration to subsequent EDI
interface versions:
11.1 Stand Alone and/or Interoperability testing must
begin on the prior release before the next release is implemented.
Otherwise, Nevada Wireless will be required to move its
implementation plan to the next release.
11.2 New EDI users must be certified and in production
with at least one product and one order activity type on a prior
release two (2) months after the implementation of the next
release. Otherwise, Nevada Wireless will be required to move its
implementation plan to the next release.
11.3 Any EDI user that has been placed into production
on the prior release not later than two (2) months after the next
release implementation may continue certifying additional
products and activities until two (2) 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 (2) months after the implementation of the
next release.
11.Nevada Wireless will be expected to execute the re-certification
test cases in the stand alone and/or Interoperability test environments. Nevada
Wireless will provide Purchase Order Numbers (PONs) of the successful test
cases to Qwest.
11.In addition to the testing set forth in other sections of Section
11., upon request by Nevada Wireless, Qwest shall enter into negotiations
for comprehensive production test procedures. In the event that agreement is
not reached, Nevada Wireless shall be entitled to employ, at its choice, the
Dispute Resolution procedures of this Agreement or expedited resolution through
request to the state Commission to resolve any differences. In such cases,
Nevada Wireless shall be entitled to testing that is reasonably necessary to
accommodate identified business plans or operations needs , accounting for any
other testing relevant to those plans or needs. As part of the resolution of such
dispute, there shall be considered the issue of assigning responsibility for the
costs of such testing. Absent a finding that the test scope and activities address
issues of common interest to the Nevada Wireless community, the costs shall be
assigned to the Nevada Wireless requesting the test procedures.
11.Reserved for Future Use.
11.Support
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11.10.Qwest shall provide documentation and assistance for Nevada
Wireless to understand how to implement and use all of the available ass
functions. Qwest shall provide to Nevada Wireless in writing any internal
business rules and other formatting information necessary to ensure that Nevada
Wireless s requests and orders are processed efficiently. This assistance will
include, but is not limited to, contacts to the Nevada Wireless account team
training, documentation , and Nevada Wireless Help Desk. Qwest will also supply
Nevada Wireless with an escalation level contact list in the event issues are not
resolved via contacts to the Nevada Wireless account team, training,
documentation and Nevada Wireless Help Desk.
11.10.Help Desk
11.10.1 The Systems Help Desk will provide a single point of entry
for Nevada Wireless to gain assistance in areas involving connectivity,
system availability, and file outputs. The Systems Help Desk areas are
further described below.
11.10.Connectivity covers trouble with Nevada
Wireless s access to the Qwest system for hardware configuration
requirements with relevance to EDI and GUI interfaces; software
configuration requirements with relevance to ED I and GUI
interfaces; modem configuration requirements, T1 configuration
and dial-in string requirements, firewall access configuration
SecurlD configuration, Profile Setup, and password verification.
11.10.System Availability covers system errors
generated during an attempt by Nevada Wireless to place orders
or open trouble reports through EDI and GUI interfaces. These
system errors are limited to: Resale/POTS; UNE POTS; Design
Services and Repair.
11.9.2.10.Additional assistance to Nevada Wireless 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 Qwest's wholesale web site. Qwest will provide Interconnect Service Center
Help Desks which will provide a single point of contact for Nevada Wireless to
gain assistance in areas involving order submission and manual processes.
11.10 Compensation/Cost Recovery
11.10.Recurring and nonrecurring ass startup charges, as applicable, will be
billed at rates set forth in Exhibit A. Any such rates will be consistent with Existing
Rules. Qwest shall not impose any recurring or nonrecurring ass startup charges
unless and until the Commission authorizes Qwest to impose such charges and/or
approves applicable rates at the completion of appropriate cost docket proceedings.
Make this a new section.
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Maintenance and Repair
SECTION 12.0 - MAINTENANCE AND REPAIR
12.Service Levels
12.Qwest will provide repair and maintenance for all services covered by this
Agreement in substantially the same time and manner as that which Qwest provides for itself, its
End User Customers, its Affiliates, or any other party.
12.During the term of this Agreement, Qwest will provide necessary maintenance
business process support to allow Nevada Wireless to provide similar service quality to that
provided by Qwest to its End User Customers.
12.Qwest 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 Nevada Wireless shall receive response time priority that is substantially the
same as that provided to Qwest, its End User Customers, its Affiliates, or any other party and
shall be handled in a nondiscriminatory manner
12.Service Interruptions
12.The characteristics and methods of operation of any circuits, facilities or equipment
of either Party connected with the services, facilities or equipment 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
12.If it is confirmed that either Party is causing an Impairment of Service, as set forth
in this Section , the Party whose network or service is being impaired (the "Impaired Party ) shall
promptly notify the Party causing the Impairment of Service (the "Impairing Party ) of the nature
and location of the problem. The Impaired Party shall advise the Impairing Party that, unless
promptly rectified, a temporary discontinuance of the use of any circuit, facility or equipment
may be required. The Impairing Party and the Impaired Party agree to work together to attempt
to promptly resolve the Impairment of Service. If the Impairing Party is unable to promptly
remedy the Impairment of Service, the Impaired Party may temporarily discontinue use of the
affected circuit, facility or equipment.
12.To facilitate trouble reporting and to coordinate the repair of the service provided
by each Party to the other under this Agreement, each Party shall designate a repair center for
such service.
12.2.4 Each Party shall furnish a trouble reporting telephone number for the designated
repair center. This number shall give access to the location where records are normally located
and where current status reports on any trouble reports are readily available. If necessary,
alternative out-of-hours procedures shall be established to ensure access to a location that is
staffed and has the authority to initiate corrective action.
12.Before either Party reports a trouble condition, it shall use its best efforts to isolate
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the trouble to the other s facilities.
12.In cases where a trouble condition affects a significant portion of the
other s service , the Parties shall assign the same priority provided to other
interconnecting Nevada Wirelesss and itself.
12.The Parties shall cooperate in isolating trouble conditions.
12.Trouble Isolation
12.Nevada Wireless is responsible for its own End User Customer base and will have
the responsibility for resolution of any service trouble report(s) from its End User Customers.
Nevada Wireless will perform trouble isolation on services it provides to its End User Customers
to the extent the capability to perform such trouble isolation is available to Nevada Wireless
prior to reporting trouble to Qwest. Qwest will work cooperatively with Nevada Wireless to
resolve trouble reports when the trouble condition has been isolated and found to be in a portion
of Qwest's network. Qwest and Nevada Wireless will report trouble isolation test results to each
other. Each Party shall be responsible for the costs of performing trouble isolation on its
facilities.
12.A Maintenance of Service charge shall apply if the trouble is not in Owest's
facilities , including Qwest's facilities leased by Nevada Wireless. Maintenance of Service
charges are set forth in Exhibit A. When trouble is found on Qwest's side of the Point of
Interface during the investigation of the initial or repeat trouble report for the same line or circuit
within thirty (30) Days , Maintenance of Service charges shall not apply again.
12.Work Center Interfaces
12.4.Qwest and Nevada Wireless shall work cooperatively to develop positive, close
working relationships among corresponding work centers involved in the trouble resolution
processes.
12.Misdirected Repair Calls
12.Nevada Wireless and Qwest will employ the following procedures for handling
misdirected repair calls:
12.Nevada Wireless and Qwest will provide their respective End User
Customers with the correct telephone numbers to call for access to their respective
repair bureaus.
12.End User Customers of Nevada Wireless shall be instructed to report all
cases of trouble to Nevada Wireless. End User Customers of Qwest shall be instructed
to report all cases of trouble to Qwest.
12.To the extent the correct provider can be determined, misdirected repair
calls will be referred to the proper provider of Basic Exchange Telecommunications
Service.
12.1.4 Nevada Wireless and Qwest will provide their respective repair contact
numbers to one another on a reciprocal basis.
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12.In responding to repair calls , neither Party shall make disparaging
remarks about each other, nor shall they use these repair calls as the basis for internal
referrals or to solicit End User Customers to market services. Either Qwest or Nevada
Wireless may respond with accurate information in answering End User Customer
questions.
12.Major Outages/RestorallNotification
12.Qwest will notify Nevada Wireless of major network outages in substantially the
same time and manner as it provides itself, its End User Customers, its Affiliates, or any other
party. This notification will be via e-mail to Nevada Wireless s identified contact. With the minor
exception of certain Proprietary Information, Qwest will utilize the same thresholds and
processes for external notification as it does for internal purposes. This major outage
information will be sent via e-mail on the same schedule as is provided internally within Qwest.
The email notification schedule shall consist of initial reports of abnormal condition and
estimated restoration time/date , abnormal condition updates, and final disposition. Service
restoration will be non-discriminatory, and will be accomplished as quickly as possible according
to Qwest and/or industry standards.
12.Qwest will meet with associated personnel from Nevada Wireless to share contact
information and review Qwest's outage restoral processes and notification processes.
12.Qwest's emergency restoration process operates on a 7X24 basis.
12.Protective Maintenance
12.Qwest will perform scheduled maintenance of substantially the same quality to that
which it provides to itself, its End User Customer, its Affiliates, or any other party.
12.Qwest will work cooperatively with Nevada Wireless to develop industry-wide
processes to provide as much notice as possible to Nevada Wireless of pending maintenance
activity. Qwest shall provide notice of potentially Nevada Wireless s End User Customer
impacting maintenance activity, to the extent Qwest can determine such impact , and negotiate
mutually agreeable dates with Nevada Wireless in substantially the same time and manner as it
does for itself, its End User Customers , its Affiliates , or any other party.
12.Qwest shall advise Nevada Wireless of non-scheduled maintenance, testing,
monitoring, and surveillance activity to be performed by Qwest on any Services, including, to the
extent Qwest can determine, any hardware, equipment, software , or system providing service
functionality which may potentially impact Nevada Wireless and/or Nevada Wireless s End User
Customers. Qwest shall provide the maximum advance notice of such non-scheduled
maintenance and testing activity possible, under the circumstances; provided, however, that
Qwest shall provide emergency maintenance as promptly as possible to maintain or restore
service and shall advise Nevada Wireless promptly of any such actions it takes.
12.Hours of Coverage
12.Qwest'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.
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12.Escalations
12.Qwest will provide trouble escalation procedures to Nevada Wireless. Such
procedures will be substantially the same type and quality as Qwest employs for itself, its End
User Customers, its Affiliates, or any other party. Qwest escalations are manual processes.
12.Qwest repair escalations may be initiated by either calling the trouble-reporting
center or through the electronic interfaces. Escalations sequence through five tiers: tester, duty
supervisor, manager, director, vice president. The first escalation point if the tester. Nevada
Wireless may request escalation to higher tiers in its sole discretion. Escalation status
available through telephone and the electronic interfaces.
12.10 Dispatch
12.10.Qwest will provide maintenance dispatch personnel in substantially the same time
and manner as it provides for itself, its End User Customers, its Affiliates, or any other party.
12.10.Upon the receipt of a trouble report from Nevada Wireless, Qwest will follow
internal and industry standards to resolve the repair condition. Qwest will dispatch repair
personnel on occasion to repair the condition. It will be Qwest's decision whether or not to send
a technician out on a dispatch. Qwest 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 Nevada Wireless require a dispatch when
Qwest believes the dispatch is not necessary, appropriate charges will be billed by Qwest to
Nevada Wireless for those dispatch-related costs in accordance with Exhibit A Maintenance of
Service charges if Qwest can demonstrate that the dispatch was in fact unnecessary to the
clearance of trouble or the trouble is identified to be caused by Nevada Wireless facilities or
equipment
12.11 Electronic Reporting
12.11.Nevada Wireless may submit Trouble Reports through the Electronic Bonding or
GUI interfaces provided by Qwest.
12.11.The status of manually reported trouble may be accessed by Nevada Wireless
through electronic interfaces.
12.12 Intervals/Parity
12.12.Trouble conditions reported on behalf of Nevada Wireless will receive commitment
intervals in substantially the same time and manner as Qwest provides for itself, its End User
Customers, its Affiliates, or any other party.
12.13 Jeopardy Management
12.13.Qwest will notify Nevada Wireless in substantially the same time and manner as
Qwest provides this information to itself, its End User Customers , its Affiliates, or any other party
that a trouble report commitment (appointment or interval) has been or is likely to be missed. At
Nevada Wireless s option , notification may be sent by email or fax. Nevada Wireless may
telephone Qwest repair center or use the electronic interfaces to obtain jeopardy status.
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12.14 Trouble Screening
12.14.Nevada Wireless shall screen and test its End User Customer s trouble reports
completely to insure, to the extent possible, that it sends to Qwest only trouble reports that
involve Qwest facilities. For services and facilities where the capability to test all or portions of
the Qwest network service or facility rest with Qwest, Qwest will make such capability available
to Nevada Wireless to perform appropriate trouble isolation and screening.
12.14.Qwest will cooperate with Nevada Wireless to show Nevada Wireless how Qwest
screens trouble conditions in its own centers , so that Nevada Wireless will employ similar
techniques in its centers.
12.15 Maintenance Standards
12.15.Qwest will cooperate with Nevada Wireless to meet the maintenance standards
outlined in this Agreement.
12.15.On manually reported trouble, Qwest will inform Nevada Wireless of repair
completion in substantially the same time and manner as Qwest provides to itself, its End User
Customers, its Affiliates, or any other party. On electronically reported trouble reports the
electronic system will automatically update status information, including trouble completion
across the joint electronic gateway.
12.16 End User Customer Interfaces
12.16.Nevada Wireless will be responsible for all interactions with its End Users
Customers including service call handling and notifying its End User Customers of trouble status
and resolution.
12.17 Single Point of Contact
12.17.Qwest will provide a single point of contact for Nevada Wireless to report
maintenance issues and trouble reports seven days a week, twenty-four hours a day. A single
7X24 trouble reporting telephone number will be provided to Nevada Wireless for each category
of trouble situation being encountered.
12.18 Network Information
12.18.Qwest maintains an information database, available to Nevada Wireless for the
purpose of allowing Nevada Wireless to obtain information about Qwest's NPAs, LATAs, Access
Tandems and Central Offices.
12.18.This database is known as the ICONN database, available to Nevada Wireless via
Qwest's Web site.
12.18.NXX Activity Reports are included in this database.
12.18.4 ICONN is updated in substantially the same time and manner as Qwest updates
the same data for itself, its End User Customer, its Affiliates, or any other party.
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12.19 Maintenance Windows
12.19.Generally, Qwest performs major switch maintenance activities off-hours, during
certain "maintenance windows
12.19.Generally, the maintenance window is between 10:00 p.m. through 6:00 am
Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 am, Mountain Time.
12.19.Although Qwest normally does major switch maintenance during the above
maintenance window, there will be occasions where this will not be possible.
12.19.4 Planned generic upgrades to Qwest switches are included in the ICONN database
available to Nevada Wireless via Qwest's Web site.
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Section 13
Access To Telephone Numbers
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS
13.Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party s right to request an assignment of any NANP number resources
including, but not limited to, Central Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407-008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC
Commission Order. The latest version of the Guidelines will be considered the current
standard.
13.North American Numbering Plan Administration (NANPA) has transitioned toNeuStar. Both Parties agree to comply with Industry guidelines and Commission rules
including those sections requiring the accurate reporting of data to the NANPA.
13.It shall be the responsibility of each Party to program and update its own switches
and network systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and
route traffic to the other Party s assigned NXX or NXX-X codes. Neither Party shall impose any
fees or charges on the other Party for such activities. The Parties will cooperate to establish
procedures to ensure the timely activation of NXX assignments in their respective networks.
13.4 Each Party is responsible for administering numbering resources assigned to it.
Each Party will cooperate to timely rectify inaccuracies in its LERG data. Each Party is
responsible for updating the LERG data for NXX codes assigned to its switches. Each Party
shall use the LERG published by Telcordia or its successor for obtaining routing information and
shall provide through an authorized LERG input agent, all required information regarding its
network for maintaining the LERG in a timely manner.
13.Each Party shall be responsible for notifying its End User Customers of any
changes in numbering or dialing arrangements to include changes such as the introduction of
new NPAs.
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Section 14
Local Dialing Parity
SECTION 14.0 - LOCAL DIALING PARITY
14.The Parties shall provide local dialing parity to each other as required under
Section 251 (b)(3) of the Act. Qwest will provide local dialing parity to competing Carriers of
telephone Exchange Service and telephone Toll Service, and will permit all such Carriers to
have non-discriminatory access to telephone numbers, Operator Services (OS), Directory
Assistance (DA), and Directory Listings (DL), with no unreasonable dialing delays. Nevada
Wireless may elect to route all of its End User Customers calls in the same manner as Qwest
routes its End User Customers calls , for a given call type (e., 0, 0+, 1+, 411), or Nevada
Wireless may elect to custom route its End User Customers ' calls differently than Qwest routes
its End User Customer s calls. Additional terms and conditions with respect to customized
routing are described in this Agreement
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Section 15
Qwest DEX
SECTION 15.0 - QWEST DEX
15.Qwest and Nevada Wireless 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 Nevada Wireless and directory publishers, including Qwest DEX. Qwest
acknowledges that Nevada Wireless may request Qwest to facilitate discussions between
Nevada Wireless and Qwest DEX.
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Section 16
Bona Fide Request Process
SECTION 16.0 - BONA FIDE REQUEST PROCESS
16.Any request for Interconnection or access to an Unbundled Network Element or
Ancillary service that is not already available as described in other sections of this Agreement
including but not limited to Exhibit F or any other Interconnection Agreement, Tariff or otherwise
defined by Qwest as a product or service shall be treated as a Bona Fide Request (BFR).
Qwest shall use the BFR Process to determine the terms and timetable for providing the
requested Interconnection, access to UNEs or Ancillary services and the technical feasibility of
new/different points of Interconnection. Qwest will administer the BFR Process in a non-
discriminatory manner.
16.A BFR shall be submitted in writing and on the appropriate Qwest form for BFRs.
Nevada Wireless and Qwest may work together to prepare the BFR form and either Party may
request that such coordination be handled on an expedited basis. This form shall be
accompanied by the non-refundable Processing Fee specified in Exhibit A of this Agreement.
Qwest will refund on-half of the Processing Fee if the BFR is cancelled within ten (10) business
Days of the receipt of the BFR form. The form will request, and Nevada Wireless will need to
provide, the following information, and may also provide any additional information that may be
reasonably necessary in describing and analyzing Nevada Wireless s request:
16.technical description of each requested Network Element or
new/different points of Interconnection or Ancillary services;
16.the desired interface specification;
16.each requested type of Interconnection or access;
16.2.4 a statement that the Interconnection or Network Element or Ancillary
service will be used to provide a Telecommunications Service;
16.the quantity requested;
16.2.the specific location requested;
16.Within two (2) business Days of its receipt , Qwest shall acknowledge receipt of the
BFR and in such acknowledgment advise Nevada Wireless of missing information, if any,
necessary to process the BFR. Thereafter, Qwest shall promptly advise Nevada Wireless of the
need for any additional information required to complete the analysis of the BFR. If requested
either orally or in writing, Qwest will provide weekly updates on the status of the BFR.
16.4 Within twenty-one (21) calendar Days of its receipt of the BFR and all information
necessary to process it, Qwest shall provide to Nevada Wireless an analysis of the BFR. The
preliminary analysis shall specify Qwest's conclusions as to whether or not the requested
Interconnection or access to an Unbundled Network Element complies with the unbundling
requirements of the Act or state law.
16.If Qwest determines during the twenty-one (21) Day period that a BFR does not
qualify as an Unbundled Network Element or Interconnection or Ancillary service that is required
to be provided under the Act or state law, Qwest shall advise Nevada Wireless as soon as
reasonably possible of that fact, and Qwest shall promptly, but in no case later than the twenty-
one Day period, provide a written report setting forth the basis for its conclusion.
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16.If Qwest determines during such twenty-one (21) Day period that the BFR qualifies
under the Act or state law, it shall notify Nevada Wireless in writing of such determination within
ten (10) calendar Days, but in no case later than the end of such twenty-one (21) Day period.
16.As soon as feasible, but in any case within forty-five (45) calendar Days after
Qwest notifies Nevada Wireless that the BFR qualifies under the Act, Qwest shall provide to
Nevada Wireless a BFR quote. The BFR quote will include, at a minimum , a description of each
Interconnection, Network Element, and Ancillary service, the quantity to be provided, any
interface specifications , and the applicable rates (recurring and nonrecurring) including the
separately stated development costs and construction charges of the Interconnection
Unbundled Network Element or Ancillary service and any minimum volume and term
commitments required, and the timeframes the request will be provisioned.
16.A Nevada Wireless has sixty (60) business Days upon receipt of the BFR quote, to
either agree to purchase under the quoted price, or cancel its BFR.
16.If Nevada Wireless has agreed to minimum volume and term commitments under
the preceding paragraph, Nevada Wireless may cancel the BFR or volume and term
commitment at any time but may be subject to termination liability assessment or minimum
period charges.
16.10 If either Party believes that the other Party is not requesting, negotiating or
processing any BFR in good faith, or disputes a determination or quoted price or cost, it may
invoke the Dispute Resolution provision of this Agreement.
16.11 All time intervals within which a response is required from one Party to another
under this Section are maximum time intervals. Each Party agrees that it will provide all
responses to the other Party as soon as the Party has the information and analysis required to
respond, even if the time interval stated herein for a response is not over.
16.12 In the event Nevada Wireless has submitted a Request for an Interconnection
Unbundled Network Elements or any combinations thereof, or Ancillary services and Qwest
determines in accordance with the provisions of this Section 16 that the request is Technically
Feasible, subsequent requests or orders for substantially similar types of Interconnection
Unbundled Network Elements or combinations thereof or Ancillary services by that Nevada
Wireless shall not be subject to the BFR process. To the extent Qwest has deployed or denied
a substantially similar Interconnection , Unbundled Network Elements or combinations thereof or
Ancillary services under a previous BFR, a subsequent BFR shall not be required and the BFR
application fee shall be refunded immediately. ICB pricing and intervals will still apply for
requests that are not yet standard offerings. For purposes of this Section 16., a "substantially
similar" request shall be one with substantially similar characteristics to a previous request with
respect to the information provided pursuant to Subsections 16.1 through 16.6 of Section
16.2 above. The burden of proof is upon Qwest to prove the BFR is not substantially similar to
a previous BFR.
16.The total cost charged to Nevada Wireless shall not exceed the BFR quoted price.
16.14 Upon request, Qwest shall provide Nevada Wireless with Qwest's supporting cost
data and/or studies for the Interconnection, Unbundled Network Element or Ancillary service
that Nevada Wireless wishes to order within seven (7) business Days , except where Qwest
cannot obtain a release from its vendors within seven (7) business Days , in which case Qwest
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will make the data available as soon as Qwest receives the vendor release. Such cost data
shall be treated as Confidential Information, if requested by Qwest under the non-disclosure
sections of this Agreement.
16.15 Qwest shall make available a topical list of the BFRs that it has received with
Nevada Wirelesss under this Agreement. The description of each item on that list shall be
sufficient to allow Nevada Wireless to understand the general nature of the product, service , or
combination thereof that has been requested and a summary of the disposition of the request as
soon as it is made. Qwest shall also be required upon the request of Nevada Wireless to
provide sufficient details about the terms and conditions of any granted requests to allow
Nevada Wireless to elect to take the same offering under substantially identical circumstances.
Qwest shall not be required to provide information about the request initially made by Nevada
Wireless whose BFR was granted, but must make available the same kinds of information about
what it offered in response to the BFR as it does for other products or services available under
this Agreement. Nevada Wireless shall be entitled to the same offering terms and conditions
made under any granted BFR, provided that Qwest may require the use of ICB pricing where it
makes a demonstration to Nevada Wireless of the need therefore.
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Section 17
Special Request Process
SECTION 17.0 - SPECIAL REQUEST PROCESS
17.Special Request Process shall be used for the following requests:
17.Requesting specific product feature(s) be made available by Qwest that
are currently available in a switch, but which are not activated.
17.Requesting specific product feature(s) be made available by Qwest that
are not currently available in a switch, but which are available from the switch vendor.
17.Requesting a combination of Unbundled Network Elements that is
combination not currently offered by Qwest as a standard product and:i. that is made up of UNEs that are defined by Qwest as products, andii. that is made up of UNEs that are ordinarily combined in the Qwest
network.
17.1.4 Requesting an Unbundled Network Element that has been defined by the
FCC or the State Commission as a network element to which Qwest is obligated to
provide unbundled access, but for which Qwest has not created a standard product
including UDIT and EEL between OC-3 and OC-192.
17.Any request that requires an analysis of technical feasibility shall be treated as a
Bona Fide Request (BFR), and will follow the BFR Process set forth in this Agreement. The
BFR process shall be used for, among other things, the following:
17.
Agreement
Requests for Interconnection not already available as described in this
17.Requests for access to an Unbundled Network Element that has not been
defined by the FCC or the State Commission as a network element to which Qwest is
obligated to provide unbundled access
17.Requests for UDIT and EEL above the OC-192 level
17.2.4 Requests for combinations of Unbundled Network Elements that include
UNEs that are not defined by Qwest as products, and
17.Requests for combinations of Unbundled Network Elements that are not
currently combined in the Qwest network.
17.A Special Request shall be submitted in writing and on the appropriate Qwest form
which is located on Qwest's website. The form must be completely filled out.
17.4
receipt.
Qwest shall acknowledge receipt of the Special Request within 5 business Days of
17.Qwest shall respond with a preliminary analysis , including costs and timeframes
within 15 business Days of receipt of the Special Request. In the case of UNE combinations
the preliminary analysis shall include whether the requested combination is a combination of
elements that are ordinarily combined in the Qwest network. If the request is for a combination
of elements that are not ordinarily combined in the Qwest network, the preliminary analysis shall
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indicate to Nevada Wireless that it should use the BFR process if Nevada Wireless elects to
pursue its request.
17.All timeframes will be met unless extraordinary circumstances arise. In such a
situation , Nevada Wireless and Qwest will negotiate a reasonable response timeframe.
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Section 18
Audit Process
SECTION 18.0 - AUDIT PROCESS
18.Audit" shall mean the comprehensive review of:
18.Data used in the billing process for services performed, including
reciprocal compensation, and facilities provided under this Agreement; and
18.Data relevant to provisioning and maintenance for services performed or
facilities provided by either of the Parties for itself or others that are similar to the
services performed or facilities provided under this Agreement.
18.The data referred to above shall be relevant to any performance indicators that are
adopted in connection with this Agreement, through negotiation, arbitration or otherwise. This
Audit shall take place under the following conditions:
18.Either Party may request to perform an Audit.
18.The Audit shall occur upon thirty (30) business Days written notice by the
requesting Party to the non-requesting Party.
18.The Audit shall occur during normal business hours.
18.2.4 There shall be no more than two Audits requested by each Party under
this Agreement in any 12-month period.
18.The requesting Party may review the non-requesting Party s records
books and documents, as may reasonably contain information relevant to the operation
of this Agreement.
18.The location of the Audit shall be the location where the requested
records, books and documents are retained in the normal course of business.
18.2.All transactions under this Agreement which are over twenty-four (24)
months old will be considered accepted and no longer subject to Audit. The Parties
agree to retain records of all transactions under this Agreement for at least 24 months.
18.Each Party shall bear its own expenses occasioned by the Audit
provided that the expense of any special data collection shall be born by the requesting
Party.
18.The Party requesting the Audit may request that an Audit be conducted
by a mutually agreed-to independent auditor. Under this circumstance, the costs of the
independent auditor shall be paid for by the Party requesting the Audit.
18.10 In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties.
18.2.11 The Parties agree that if an Audit discloses error(s), the Party responsible
for the error(s) shall , in a timely manner, undertake corrective action for such error(s).
All errors not corrected within thirty (30) business Days shall be escalated to the Vice-
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President level.
18.All information received or reviewed by the requesting Party or the independent
auditor in connection with the Audit is to be considered Proprietary Information as defined by
this Agreement. The non-requesting Party reserves the right to require any non-employee who
is involved directly or indirectly in any Audit or the resolution of its findings as described above
to execute a nondisclosure agreement satisfactory to the non-requesting Party. To the extent
an Audit involves access to information of other competitors, Nevada Wireless and Qwest will
aggregate such competitors' data before release to the other Party, to insure the protection of
the proprietary nature of information of other competitors. To the extent a competitor is an
affiliate of the Party being audited (including itself and its subsidiaries), the Parties shall be
allowed to examine such affiliates' disaggregated data, as required by reasonable needs of the
Audit.
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Section 19
Construction Charges
SECTION 19.0 - CONSTRUCTION CHARGES
19.Qwest will conduct an individual financial assessment of any request which
requires construction of network capacity, facilities, or space for access. When Qwest
constructs to fulfill Nevada Wireless s request, Qwest will bid this construction on a case-by-
case basis. Qwest will charge for the construction through non-recurring charges and a term
agreement for the remaining recurring charge, as described in the Construction Charges
Section of this Agreement. When the Nevada Wireless orders the same or substantially similar
service available to Qwest End User Customers, nothing in this Section shall be interpreted to
authorize Qwest to charge Nevada Wireless for special construction where such charges are
not provided for in a Tariff or where such charges would not be applied to a Qwest End User
Customer.
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Section 20
Network Standards
SECTION 20.0 - NETWORK STANDARDS
20.The Parties recognize that Qwest services and Network Elements have been
purchased and deployed , over time, to Telcordia and Qwest technical standards. Specification
of standards is built into the Qwest purchasing process, whereby vendors incorporate such
standards into the equipment Qwest purchases. Qwest supplements generally held industry
standards with Qwest Technical Publications.
20.The Parties recognize that equipment vendors may manufacture
Telecommunications equipment that does not fully incorporate and may differ from industry
standards at varying points in time (due to standards development processes and consensus)
and either Party may have such equipment in place within its network. Except where otherwise
explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided
said equipment does not pose a security, service or safety hazard to persons or property.
20.Generally accepted and developed industry standards which the Parties agree to
support include, but are not limited to:
20.switching
GR-954-CORE LlDB
GR-2863-CORE AIN
GR-1428-CORE Toll Free Service
GR-1432-CORE TCAP
GR-905-CORE ISUP
GR-1357-CORE switched Fractional DS1
GR-1298-CORE AIN switching System Generic Requirements
GR-1299-CORE AIN Service Control Point Adjunct Interface Generic
Requirements
TR-NWT-001284 AIN 0.1 switching System Generic Requirements
GR-905-CORE Common Channel Signaling Network Interface Specification
GR-1432-CORE CCS Network Interface Specification Telcordia TR-TSY-000540
Issue 2R2
GR-305-CORE
GR-1429-CORE
GR-2863-CORE
FR-64 LATA LSSGR
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GR-334-CORE switched Access Service
TR-NWT-000335 Voice Grade Special Access Services
TR-TSY-000529 Public LSSGR
TR-NWT-000505 LSSGR Call Processing
FR-NWT-0002710SSGR
TR-NWT-001156 OSSGR Subsystem
SR-TSY-001171 System Reliability Analysis
20.Transport
Telcordia FR-440
TR-NWT-000499 (TSGR) Transport Systems Generic Requirements
GR-820-CORE Generic Transmission Surveillance; DS1 and DS3 Performance
GR-253-CORE Synchronous Optical Network Systems (SONET)
TR-NWT-000507 Transmission
TR-NWT-000776 NID for ISDN Subscriber Access
TR-INS-000342 High Capacity Digital Special Access Service
ST-TEC-000051 & 52 Telecommunications
Handbooks Volumes 1 & 2
Transmission Engineering
ANSI T1.1 02-1993 Digital Hierarchy - Electrical Interface; Annex B
20.Loops
TR-NWT-000057 Functional Criteria for Digital Loop Carrier Systems Issue 2
TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital
Subscriber Lines
GR-253-CORE SONET Common Generic Criteria
TR-NWT-000303 Integrated Digital Loop Carrier System Generic Requirements
TR-TSY-000673 Operations Interface for an IDLC System
GR-303-CORE Issue Integrated Digital Loop Carrier System Generic
Requirements
TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital
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Network Standards
Subscriber Lines
TR-TSY-000008 Digital Interface Between the SLC 96 Digital Loop Carrier
System and a Local Digital switch
TR-NWT-008 and 303
TA-TSY-000120 Subscriber Premises or Network Ground Wire
GR-49-CORE Generic Requirements for Outdoor Telephone Network Interface
Requirements
TR-NWT-000239 Indoor Telephone Network Interfaces
TR-NWT-000937 Generic Requirements for Outdoor and Indoor Building
Entrance
TR-NWT-000133 Generic Requirements for Network Inside Wiring
20.3.4 Local Number Portability
Number Portability Generic switching and Signaling Requirements for Number
Portability, Issue 1., February 12 1996 (Editor- Lucent Technologies, Inc.
Generic Requirements for SCP Application and GTT Function for Number
Portability, Issue 0., Final Draft, September 4, 1996 (Editor - Ameritech Inc.
Generic Operator Services switching Requirements for Number Portability, Issue
, Final Draft, April 12 , 1996 (Editor - Nortel);
A TIS, TRQ No., Technical Requirements for Number Portability Operator
Services switching Systems, April 1999;
ATIS, TRQ No., Technical Requirements for Number Portability switching
Systems , April 1999;
ATIS, TRQ No., Technical Requirements for Number Portability Database and
Global Title Translation , April 1999;
FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC
96-286; CC Docket 95-116, RM 8535; Released July 2, 1996;
FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74; CC
Docket 95-116 , RM 8535; Released March 11 , 1997.
FCC Second Report and Order, FCC 97-298; CC Docket 95-116, RM 8535;
Released August 18 1997.
20.4 The Parties will cooperate in the development of national standards for
Interconnection elements as the competitive environment evolves. Recognizing that there are
no current national standards for Interconnection Network Elements , Qwest has developed its
own standards for some Network Elements, including:
17Sep03/CDS-030919-0003/jld/g
ID (Standard)
135
Section 20
Network Standards
Qwest Interconnection - Unbundled Loop #77384
Expanded Interconnection and Collocation for Private Line Transport and switched
Access Services - #77386
Unbundled Dedicated Interoffice Transport - #77389
Competitive Local Exchange Carrier Installation/Removal Guidelines - #77390
20.Qwest Technical Publications have been developed to support service offerings
inform End User Customers and suppliers, and promote engineering consistency and
deployment of developing technologies. Qwest provides all of its Technical Publications at no
charge via website: http://www.Qwestcom/techpub/
Qwest now provides all Technical Publications to WSPs for no charge via the internet.
17Sep03/CDS-030919-0003/jld/g
ID (Standard)
136
SECTION 21.0 - SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective duly authorized representatives.
Nevada Wireless LLC Qwest Corporation
--L raJl-'Signature
2~ Il.
Signature
.5 If-V eN'" /? 5,\)(, hfl--/,Y
Name Printed/Typed
L. T. Christensen
Name Printed/Typed
;V e... i/h (J
/'
I( IE !11~ e e-y
.......-'
Title
Director - Business Policy
Title
() c.-
Date
Ire ~(9()3 Iv I~
Date
17Sep03/CDS-030919-0003/jld/g
ID (Standard)
137
QWEST Communications Wireless Exhibit A
Idaho
Local Billing Typel!Notes
Interconnection
Interconnection Facility Option
Entrance Facilities
DS1 $91.$535.
DS3 $367.$634.
Direct Trunked Transport
DS1
Over 0 to 8 Miles $37.$1.
Over 8 to 25 Miles $37.$1.
Over 25 to 50 Miles $37.$1.
Over 50 Miles $37.$1.
DS3
Over 0 to 8 Miles $257.$19.48
Over 8 to 25 Miles $260.49 $24.
Over 25 to 50 Miles $260.77 $26.43
Over 50 Miles $259.$26.
Multiplexing
DS3 to DS1 $201.$298.
DS1 to DSO $199.$291.
Trunk Nonrecurring Charges
DS1 Interface, First Trunk $369.44
DS1 Interface, Each Additional Trunk $6.
DS3 Interface, First Trunk $376.
DS3 Interface, Each Additional Trunk $13.
Trunk Routing Change - Per Type 2 Trunk Group
2A Direct Final to Alternate Final $78.
Type 2 Routing Translation Change $78.
Exchange Services MTA! Local Traffic
End Office Call Termination, per MOU $0.001733
Tandem Switched TransDort
Tandem Switching, per MOU $0.000690
Tandem Transmission
Over 0 to 8 Miles $0.000218 $0.00007210 * and 1
Over 8 to 25 Miles $0.000218 $0.00003100 * and 1
Over 25 to 50 Miles $0.000218 $0.00001630 * and 1
Over 50 Miles $0.000218 $0.00000690 * and 1
July 19, 2002
QWEST Communications Wireless Exhibit A
Idaho
local Traffic-FCC-ISP Rate CaDs
MOU for 6 mo. June 14-Dec. 13 2001 N/A
MOU for 18 mo. Dec. 14 2001-June 13,2003 $0.001
MOU for 36 mo. June 14, 2003-June 13, 2006 $0.0007
Transit Traffic
Local Transit See Tandem Switching and Tandem
i~ission
Rates Above.
Local Transit Assumed MileaQe Miles
IntraLATA Toll Transit $0.002857
Nonlocal Traffic Qwest FCC Switched Access Tariff
Category 11 Mechanized Record Charge, per Record $0.001876
Miscellaneous Charges
Expedite CharQe Qwest's Idaho Access Service CataloQ
Cancellation Charge Qwest's Idaho Access Service CataloQ
Additional Testing Qwest's Idaho Access Service CataloQ
Construction Charges 1GB 1GB
Common Channel Signaling/SS7
CCSAC STP Port $214.$457.
CCSAC Options Activation CharQe
Basic Translations
First Activation, per Order $119.
Each Additional Activation, per Order $9.
CCSAC Options Database Translations
First Activation per Order $139.
Each additional Activation per Order $59.
SiQnal Formulation, ISUP, Per Call Set-Up Request $0.005244
SiQnal Transport, ISUP, Per Call Set-Up Request $0.000176
SiQnal Transport, TCAP, per Data Request II $0.000019
SiQnal SwitchinQ, ISUP, Per Call Set-Up Re uest $0.000983
Signal SwitchinQ, TCAP, Per Data Request $0.000837
Advanced Intelligent Network (AIN)
AIN Customized Services (ACS)1GB
AIN Platform Access (APA)1GB 1GB
AIN Query Processing, per Query 1GB
Line Information Database (LlDB)
LlDB Storage No Charge
Line Validation Administration System Access (LV AS)
LlDB Line Record Initial Load
Up to 20 00 Line Records 601.
Over 20 000 Line Records 1GB
Mechanized Service Account Update, per 1GB
Individual Line Record Audit 1GB
Account Group Audit 1GB
Expedited Request Charge for Manual Updates 1GB
July 19, 2002
QWEST Communications Wireless Exhibit A
Idaho
LlDB Query Service, per query $0.000823
Fraud Alert Notification, per alert No Charge
axx Databases Query Service
Basic Query, per Query $0.020817
Pot Translation $0.00000048
Call Handling & Destination Feature $0.00000145
InterNetwork Calling Name (ICNAM)$0.000768
Ancillary Service
Local Number Portability
LNP Queries See FCC Tariff #1 Section 20.1 & 20.
LNP Manaaed Cuts
Standard Manaaed Cuts per person per 1/2 Hr.$27.
Overtime Manaaed Cuts per person per 1/2 Hr.$35.43
Premium Manaaed Cuts per person per 1/2 Hr.$43.49
911/E911 No Charae
White Pages Directory Listings, Facility Based
Providers
Premium/Privacy Listings General Exchange Tariff Rate, less
wholesale discount
Directory Assistance
Local Directory Assistance, Per Call $0.
National Directory Assistance, Per Call $0.
Call Branding, Set - Up and Recording $10 500.
Loading Brand / Per Switch $175.
Call Completion Link, Per Call $0.
Directory Assistance List Information
Initial Database Load, Per Listing $0.025
Reload , per Listing $0.020
Daily Updates, per Listing $0.050
One-Time Set Up Fee $82.
Output Charge
Electronic Transmission $0.002
Tapes (Charges only apply if this is selected as the norm,$30.
Shipping Charges (for tape delivery)ICB
Toll and Assistance Operator Services
Option
Operator - Handled Calling Card Call $1.45
Computer - Handled Calling Card Call $0.
Station Call $1.
Person Call $3.
Connection to Directory Assistance Call $0.
Busy Line Verify Call $0.
Busy Line Interrupt Call $0.
Operator Assistance Call $0.
Option
Operator Handled Call $0.028
Computer - Handled Calls $0.
Call Branding, Set - Up and Recording $10 500.
Loading Brand / Per Switch $175.
July 19, 2002
QWEST Communications Wireless Exhibit A
Idaho
Access to Poles, Ducts, Conduits and Riahts of Way
Pole Inquiry Fee, per Mile $335.
Innerduct Inquiry Fee, per Mile $403.
ROW Inquiry Fee $149.
ROW Doc Prep Fee $149.
Field Verification Fee, per Pole $37.
Field Verification Fee, per Manhole $485.
Planner Verification, Per Manhole $16.6.:1
Manhole Verification Inspector Per Manhole $298.4/
Manhole Make-Ready Inspector, per Manhole $447.
Pole Attachment Fee, per Foot, per Year
Urban
2002 $5.
2003 $2.
2004 $3.
2005 $3.
Non-Urban
2002 $3.
2003 $3.
2004 $4.
2005 $4.48
Innerduct Occupancy Fee, per Foot, per Year $0.
Access Agreement Consideration $10.
Make Ready ICE
Support Functions: Operational Support Systems (OSS)
Usage Record File, per record $0.0009
Bona Fide Request Process
Processing Fee 507.
NOTES:
Unless otherwise indicated, all rates are pursuant to the Qwest and AT&T Interconnection Agreement approved by
the Idaho Public Utilities Commission in Docket Number USW-96-, Commission Order Number 27738
effective September 17, 1998.
Denotes voluntary rate reduction. These rates are not subject to true up and will be applied on a going forward basis.
(1) Rates not addressed in AT&T Arbitration.
(2) Market-based rates.
(3) ICB, Individual Case Basis pricing.
(4) Rates per FCC Guidelines.
(5) Regional TELRIC based where required.
(TELRIC based where required.
July 19, 2002
Exhibit B
Service Performance Indicators
EXHIBIT B
SERVICE PERFORMANCE INDICATORS
Qwest and (WSP) agree that Qwest will provide Type 2 Interconnection Trunks to (WSP)
and other Wireless Service Providers, for use as Telecommunications Services, in a
non-discriminatory manner. Qwest will work with (WSP) on an Individual Case Basis
(ICB) when (WSP) requires data from Qwest to develop operation reporting.
EXHIBIT C
RESERVED FOR FUTURE USE
Date General Information Provided by Qwest:
General Agreement:
BAN Number(must be assigned before processing):
REVISED QWEST RIGHT OF WAY, POLE ATTACHMENT, INNERDUCT
OCCUPANCY GENERAL INFORMATION: EFFECTIVE 6/29/01
1. PURPOSE The purpose of this General Information document is to share
information and provide or deny permission to attach and maintain WSP's facilities
("Facilities ) to Qwest Corporation s ("Qwest") Poles, to place Facilities on or within
Qwest's Innerduct (collectively "Poles/lnnerduct") and to obtain access to Qwest'
private right of way ("ROW"), to the extent Qwest has the right to grant such access.
This General Information is necessary to determine if Qwest can meet the needs of
the WSP's request but does not guarantee that physical space or access is currently
available. Permission will be granted on a first-come , first-serve basis on the terms
and conditions set forth in the appropriate agreement pertaining to "Poles/lnnerduct"
PROCESS The Qwest process is designed to provide the WSP the information so
as to assist WSP and Qwest to make Poles, Innerduct and ROW decisions in a cost-
efficient manner. The Process has these distinct steps:
Inquiry Review - Attachment 1.A (Database Search)The WSP is
requested to review this document and return Attachment 1.A along with two
copies of a map and the nonrefundable Inquiry Fee, calculated in accordance
with Attachment 1.A hereto. These fees are intended to cover Qwest's expenses
associated with performing an internal record (database) review, preparing a cost
estimate for the required field survey, setting up an account, and determining
time frames for completion of each task to meet the WSP's Request Be sure a
BAN number is assigned by the Qwest Service Support Representative for each
request before sending an Attachment 1.A. To request a BAN number send an
email requesting one to: wsst(Q),qwestcom Include your name, company, phone
number, email address , city and state of our inquiry. A BAN number will be
assigned to your inquiry and will be emailed to you along with other materials.
As indicated on Attachment 1., a copy of the signed Attachment and maps of
the desired route must be emailed to wsst(Wqwestcom while the fee must be
sent to the Qwest WSP Joint Use Manager with the original signed Attachment
A. The map should clearly show street names and highways along the entire
route, and specific locations of entry and exit of the ROW/duct/pole system. Area
Maps should be legible and identify all significant geographic characteristics
including, but not limited to, the following: Qwest central offices, streets, cities
states, lakes, rivers, mountains, etc. Qwest reserves the right to reject illegible or
incomplete maps. If WSP wishes to terminate at a particular manhole (such as a
POI) it must be indicated on the maps. For ROW: Section , Range and Township,
to the ~ section must also be provided.
Qwest will complete the Inquiry review and prepare and return a Poles/lnnerduct
Verification/ROW Access Agreement Preparation Costs Quotation (Attachment
B) to the WSP generally within ten (10) days or the applicable federal or state
law, rule or regulation that governs this Agreement in the state in which Innerduct
attachment is requested. In the case of poles , Qwest will assign a Field Engineer
Exhibit D July 2 2002
and provide his/her name and phone number to the WSP. The Field Engineer will
check the local database and be available for a joint verification with the WSP.
The Polesllnnerduct Verification/ROW Access Agreement Preparation Costs
Quotation will be valid for thirty (30) calendar days from the date of quotation.
The Inquiry step results only in the location and mapping of Qwest facilities and
does not indicate whether space is available. This information is provided with
Attachment 1.
In the case of ROW, Qwest will prepare and return a ROW information matrix
and a copy of agreements listed in the ROW Matrix, within ten (10) days. The
ROW Matrix will identify (a) the owner of the ROW as reflected in Qwest's
records, and (b) the nature of each ROW (Le., publicly recorded and non-
recorded). The ROW information matrix will also indicate whether or not Qwest
has a copy of the ROW agreement in its possession. Qwest makes no
representations or warranties regarding the accuracy of its records, and WSP
acknowledges that, to the extent that real property rights run with the land , the
original granting party may not be the current owner of the property.
In the case of MDUs, Qwest will prepare and return an MDU information matrix
within ten (10) days, which will identify (a) the owner of the MDU as reflected in
Qwest's records , and (b) whether or not Qwest has a copy of the agreement
between Qwest and the owner of a specific multi-dwelling unit that grants Qwest
access to the multi-dwelling unit in its possession. Qwest makes no
representations or warranties regarding the accuracy of its records, and WSP
acknowledges that the original landowner may not be the current owner of the
property.
Qwest will provide to WSP a copy of agreements listed in the Matrices that have
not been publicly recorded if WSP obtains authorization for such disclosure from
the third party owner(s) of the real property at issue by an executed version of
the Consent to Disclosure form , which is included in Attachment 4. Qwest will
redact all dollar figures from copies of agreements listed in the Matrices that have
not been publicly recorded that Qwest provides to WSP. Alternatively, in order to
secure any agreement that has not been publicly recorded, a WSP may provide
a legally binding and satisfactory agreement to indemnify Qwest in the event of
any legal action arising out of Qwest's provision of such agreement to WSP.
that event, the WSP shall not be required to execute the Consent to Disclosure
form.
If there is no other effective agreement (i.an Interconnection Agreement)
between WSP and Qwest concerning access to Poles, Ducts and ROW, then
Attachment 3 must be executed by both parties in order to start the Inquiry
Review and in order for WSP to obtain access to Poles, Ducts and/or ROW.
Attachment 1.(Verification) & Attachment (Access AQreement
Preparation). With respect to Poles and Innerduct, upon review and acceptance
of signed Attachment 1.8 and payment of the estimated verification costs by the
WSP, Qwest will conduct facilities verification and provide the requested
information which mayor may not include the following: a review of public and/or
internal Qwest right-of-ways records for restrictions, identification of additional
rights-of-way required; a field survey and site investigation of the Innerduct
Exhibit D July 2, 2002
including the preparation of distances and drawings, to determine availability on
existing Innerduct; identification of any make-ready costs required to be paid by
the WSP , if applicable, prior to installing its facilities. In the case of Poles
Attachment 1.8 orders the field verification which may be done jointly. A copy of
the signed Attachment 1.8 should be emailed to wsst~qwest.com while the
appropriate fees should be sent to the Qwest-WSP Joint Use Manager with the
original signed Attachment 1.8. Upon completion of the verification, Attachment
2 will be sent to the WSP by Qwest.
With respect to ROW , upon review and acceptance of signed Attachment 1.
and payment of the ROW conveyance consideration, Qwest will deliver to the
WSP an executed and acknowledged Access Agreement to the WSP in the form
attached hereto as Attachment 4 (the "Access Agreement"). In the event that the
ROW in question was created by a publicly recorded document and Qwest has a
copy of such document in its files , a copy of the Right-of-Way Agreement, as
defined in the Access Agreement, will be attached to the Access Agreement and
provided to the WSP at the time of delivery of the Access Agreement. If the
ROW was created by a document that is not publicly recorded, or if Qwest does
not have a copy of the Right-of-Way Agreement in its possession , the Access
Agreement will not have a copy of the Right-of-Way Agreement attached. If the
ROW was created by a non-publicly recorded document, but Qwest does not
have a copy of the Right-of-Way Agreement in its possession , the WSP must
obtain a copy of the Right-of-Way Agreement or other suitable documentation
reasonably satisfactory to Qwest to describe the real property involved and the
underlying rights giving rise to the Access Agreement.
Although Qwest will provide the identity of the original grantor of the ROW , as
reflected in Qwest's records , the WSP is responsible for determining the current
owner of the property and obtaining the proper signature and acknowledgement
to the Access Agreement. If Qwest does not have a copy of the Right-of-Way
Agreement in its records, it is the responsibility of the WSP to obtain a copy of
the Right-of-Way Agreement. If the ROW was created by a publicly recorded
document, the WSP must record the Access Agreement (with the Right-of-Way
Agreement attached) in the real property records of the county in which the
property is located. If the ROW was created by a grant or agreement that is not
publicly recorded, WSP must provide Qwest with a copy of the properly executed
and acknowledged Access Agreement and, if applicable, properly executed
Consent Regarding Disclosure form or letter of indemnification.
Qwest is required to respond to each Attachment 1.8. submitted by WSP within
35 days of receiving the Attachment 1.8. In the event that Qwest believes that
circumstances require a longer duration to undertake the activities reasonably
required to deny or approve a request, it may petition for relief before the
Commission or under the escalation and dispute resolution procedures generally
applicable under the interconnection agreement, if any, between Qwest and
WSP.
Poles/Duct Order Attachment 2 (Access). In the case of Poles and
Innerduct , upon completion of the inquiry and verification work described in
Section 2.2 above, Qwest will provide the WSP a Poles/lnnerduct Order
(Attachment 2) containing annual recurring charges , estimated Make-ready
Exhibit 0 July 2 , 2002
costs. Upon receipt of the executed Attachment 2 Order form from the WSP and
applicable payment for the Make-Ready Fees identified, Qwest will assign the
WSP's requested space; Qwest will also commence the Make-ready work
within 30 days following payment of the Make-Ready Fees. Qwest will notify
WSP when Polesllnnerduct are ready for attachment or placement of Facilities.
A copy of the signed Attachment 2 form should be emailed to wsst((i)qwestcom
while the payment should go to the Joint Use Manager along with the original
signed Attachment 2.
NOTE: Make-ready work performed by Qwest concerns labor only. For Poles it
involves rearrangement to accommodate the new attachment. For Innerduct, it
involves placing the standard three innerducts in the conduit to accommodate
fiber cable where spare conduit exists. Segments without conduit space are
considered "blocked". Qwest will consider repair or clearing damaged facilities,
but may not construct new facilities as part of Make-ready work.
Construction work to place conduit or replace poles may be required where
facilities are blocked. The WSP may contract separately with a Qwest-approved
contractor to complete the construction provided a Qwest inspector inspects the
work during and after construction. If other parties benefit from construction , the
costs may be divided among the beneficiaries. Construction costs are not
included in Attachment 2. The WSP is not encouraged to sign the
Poles/lnnerduct Order (Attachment 2) until provisions have been made for
construction.
2.4 Provision of ROW/Polesllnnerduct.Qwest agrees to issue to WSP forany lawful telecommunications purpose , a nonexclusive , revocable Order
authorizing WSP to install, maintain, rearrange, transfer, and remove at its sole
expense its Facilities on Poles/lnnerduct to the extent owned or controlled by
Qwest. Qwest provides access to Poles/lnnerduct/ROW in accordance with the
applicable federal , state, or local law, rule , or regulation , incorporated herein by
this reference, and said body of law, which governs this Agreement in the state in
which Polesllnnerduct is provided. Any and all rights granted to WSP shall be
subject to and subordinate to any future federal , state, and/or local requirements.
Nothing in this General Information shall be construed to require or compel
Qwest to construct, install , modify, or place any Polesllnnerduct or other facility
for use by the WSP.
The costs included in the Poles/lnnerduct Verification Fee are used to cover the
costs incurred by Qwest in determining if Polesllnnerduct space is available to
meet the WSP's request; however, the WSP must agree and will be responsible
for payment of the actual costs incurred if such costs exceed the estimate. If the
actual costs are less than the estimate, an appropriate credit can be provided
upon request. If Qwest denies access, Qwest shall do so in writing, specifying
the reasons for denial within 45 days of the initial inquiry.
Likewise, the fees included in the ROW processing costs quotation are used to
cover the costs incurred by Qwest in searching its databases and preparing the
Access Agreement. In the event that complications arise with respect to
preparing the Access Agreement or any other aspect of conveying access to
Qwest's ROW , the WSP agrees to be responsible for payment of the actual costs
Exhibit 0 July 2 , 2002
incurred if such costs exceed the standard fees; actual costs shall include,
without limitation , personnel time, including attorney time.
DISPUTE RESOLUTION
1. Other than those claims over which a federal or state regulatory agencyhas exclusive jurisdiction , all claims, regardless of legal theory, whenever
brought and whether between the parties or between one of the parties to this
Agreement and the employees , agents or affiliated businesses of the other party,
shall be resolved by arbitration. A single arbitrator engaged in the practice of law
and knowledgeable about telecommunications law shall conduct the arbitration in
accordance with the then current rules of the American Arbitration Association
AAA") unless otherwise provided herein. The arbitrator shall be selected in
accordance with AAA procedures from a list of qualified people maintained by
AAA. The arbitration shall be conducted in the regional AAA office closest to
where the claim arose.
2. All expedited procedures prescribed by the AAA shall apply. The
arbitrator s decision shall be final and binding and judgment may be entered in
any court having jurisdiction thereof.
3. Other than the determination of those claims over which a regulatory
agency has exclusive jurisdiction, federal law (including the provisions of the
Federal Arbitration Act, 9 U.C. Sections 1-16) shall govern and control with
respect to any issue relating to the validity of this Agreement to arbitrate and the
arbitrability of the claims.
4. If any party files a judicial or administrative action asserting claims subject
to arbitration, and another party successfully stays such action and/or compels
arbitration of such claims, the party filing the action shall pay the other party
costs and expenses incurred in seeking such stay or compelling arbitration
including reasonable attorney s fees.
Exhibit 0 July 2, 2002
ATTACHMENT 1. A
Poles/lnnerductl or ROW Inquiry Preparation Fee
General Agreement
BAN Number (one for each route must be assigned before
processing):
Date Submitted:Date Replied to WSP:
WSP
name:
Billing Address:
Phone Number:
address:
State and city of
inquiry:
Name Contact
e-mail
Poles/lnnerduct Permit Database Search Costs Quotation
(One Mile Minimum) Costs Est. Miles Total
1. Pole Inquiry Fee
2. Innerduct Inquiry Fee
3. ROW Records Inquiry
4. Estimated Interval for Completion of Items 1 , 2 or 3:
5. Additional requirements of WSP: -
(see attached pricing chart) X
(see attached pricing chart) X
(see attached pricing chart) X
Days
This Inquiry will result in (a) for Poles and Innerduct: a drawing of the duct or innerduct structure
fitting the requested route, if available, and a quote of the charges for field verification, and/or (b)
in the case of ROW, a ROW identification matrix, a quote of the charges for preparation of and
consideration for, the necessary Access Agreements, and copies of ROW documents in Qwest's
Possession. (c) For Poles, the name and telephone number of the Field Engineer are provided so
that the WSP may contact the Qwest Field engineer and discuss attachment plans. If a field
verification of poles is required, Attachment 1.B must be completed and the appropriate charges
paid. Innerduct verification is always needed.
By signing below and providing payment of the Estimated Costs identified above, the WSP
desires Qwest to proceed with the processing of its database/records search and acknowledges
receipt of this General Information , including the General Terms and Conditions under which
Qwest offers such Poles/lnnerduct. Quotes expire in 30 days.
Qwest Corporation
Signature Signature
Name Typed or Printed Name Typed or Printed
Title Title
Exhibit D July 2, 2002
I Date Date
This signed form (original) must be sent with a check for the Inquiry amount (to "Qwest"
to:
Debra Marshall , Qwest Joint Use, 6912 S Quentin , Suite 101 , Englewood , CO
80112 303-784-0387
A copy of this form must be sent with two acceptably-detailed maps showing the
requested route to:
Qwest Service Representative at: wsst(i;V,qwestcom Put "Agree" on signature line.
Exhibit 0 July 2 , 2002
ATTACHMENT 1.
General Agreement
BAN Number:
Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation
Date Nonrefundable Received:Date Replied to WSP:
NOTE: THIS ATTACHMENT WILL BE COMPLETED BY QWEST AND SENT TO THE
WSP FOR SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE.**
Estimated Costs Number Total Charge
1. Pole Field Verification Fee (10 pole minimum)
2. Innerduct Field Verification Fee
3. Preparation of private ROW documents
4. Access Agreement Prep. and Consideration$lO/ Access Agreement
5. Estimated Interval to Complete Items 1 or2 or 3 and/or 4:
Working Days
Comments:
By signing below and providing payment of the Total Estimated Costs identified above
the WSP desires Qwest to proceed with the processing of its field survey/preparation
Access Agreements, and acknowledges receipt of this General Information , including the
General Terms and Conditions under which Qwest offers such ROW/Polesllnnerduct.The WSP acknowledges the above costs are estimates only and WSP may be
financially responsible for final actual costs which exceed this estimate, or receive credit
if requested. Quotes expire in 30 days.
Qwest Corporation
Siqnature Sianature
Name Typed or Printed Name Typed or Printed
Title Title
Exhibit D July 2 2002
I Date I~ Date
The original signed form must be sent with a check for the verification amount to:
Debra Marshall, Qwest WSP Joint Use, 6912 S Quentin , Suite 101 , Englewood
CO 80112
An email copy of this form must be sent to: wsst(Q),qwestcom, with "Agree" on the signature
line.
Exhibit 0 July 2 , 2002
ATTACHMENT 2
Poles/lnnerduct Order General Agreement -
BAN Number:
NOTE: THIS FORM WILL BE COMPLETED BY QWEST AND SENT TO WSP FOR
SIGNA TURE**
Make-ready Work required: Yes ) No
Received
Date
If Yes is checked, estimated Make-ready costs: $
The following Attachments are hereby incorporated by reference into this Order:
1 . Term - Effective Date -2. Summary of Field Results (including Make-Ready work if required).3. When placing fiber, WSP must:
a. provide Qwest representative, a final design of splice, racking and slack locations in Qwest utility
holes.
b. tag all equipment located in/on Qwest's facilities from beginning of the route to the end , and at
the entrance and exit of each utility hole with the following information: (1) WSP's Name and
Contact Number, (2) Contract Number and Date of Contract, (3) Number of Fibers in the
Innerduct and Color of Occupied Innerduct.
th' Pnnuaecurnngarges or erml:
Total Annual
Annual Charae Quantitv Charne
1. Pole Attachment, Per Pole
, Innerduct Occupancy, Per Foot
3.Request conf. call for Construction?YES
Please check YES if construction by Qwest is needed for access to Qwest manholes (e.g. core
drills, stubouts, not innerduct placement) For Poles, quantity is based on the number of vertical
feet used (One cable attachment = one foot). If you do not place an order at this time, these
Poles/lnnerduct will be assigned on a first come-first served basis.
Additional Comments: THE ESTIMATED COSTS ARE FOR THE INSTALLATION OF
INNERDUCT OR REARRANGEMENT PER THE WORK SHEETS. THE ANNUAL RECURRING
CHARGE FOR YEAR 2001 HAS BEEN PRORATED TO /DAY * DAYS).
PLEASE PROVIDE PAYMENT FOR THE MAKE-READY COSTS AND THE PRORATED 2001
RECURRING FEE ALONG WITH THIS SIGNED ORDER
By signing below and providing payment of the Make-ready costs and the first year s prorated
Annual Recurring Charge (or, if WSP requests Semiannual billing, then the first half-year
prorated Semiannual Recurring Charge), the WSP desires Qwest to proceed with the Make-ready
Work identified herein and acknowledges receipt of the General Terms and Conditions under
which Qwest offers such Poles/lnnerduct. By signing this document you are agreeing to the
access described herein, Quotes expire in 90 days.
Exhibit 0 July 2 2002
Siqnature Siqnature
Name Tvped or Printed Name Tvped or Printed
Title Title
Date Date
Exhibit 0 July 2 2002
ATTACHMENT 3
General Agreement:
QWEST RIGHT OF WAY ACCESS, POLE ATTACHMENT AND/OR INNERDUCT
OCCUPANCY
GENERAL TERMS AND CONDITIONS
This is an Agreement between ("WSP") and Qwest
Corporation ("Qwest"), for one or more Orders for the WSP to obtain access to Qwest's
Right-of-Way ("ROW") and/or to install/attach and maintain their communications
facilities ("Facilities ) to Qwest's Poles and/or placement of Facilities on or within
Qwest's Innerduct (collectively "Poles/lnnerduct") described in the General Information
and WSP Map, which are incorporated herein by this reference (singularly "Order" or
collectively, "Orders ). If there is no other effective agreement (i.an Interconnection
Agreement) between WSP and Qwest concerning access to Poles , Ducts and ROW
then this Agreement/Attachment 3 must be executed by both parties in order to start the
Inquiry Review and in order for WSP to obtain access to Poles , Ducts and/or ROW.
SCOPE.
Subject to the provisions of this Agreement, Qwest agrees to issue to
WSP for any lawful telecommunications purpose, (a) one or more
nonexclusive, revocable Orders authorizing WSP to attach, maintain
rearrange, transfer, and remove at its sole expense its Facilities on
Poles/lnnerduct owned or controlled by Qwest, and/or (b) access to
Qwest's ROW to the extent that (i) such ROW exists, and (ii) Qwest has
the right to grant access to the WSP. Any and all rights granted to WSPshall be subject to and subordinate to any future local, state and/or
federal requirements, and in the case of ROW, to the original document
granting the ROW to Qwest or its predecessors.
Except as expressly provided herein, nothing in this Agreement shall be
construed to require or compel Qwest to construct, install , modify, or
place any Polesllnnerduct or other facility for use by WSP or to obtain any
ROW for WSP's use.
Qwest agrees to provide access to ROW/Polesllnnerduct in accordance
with the applicable local , state or federal law, rule , or regulation
incorporated herein by this reference , which governs this Agreement in
the state in which Polesllnnerduct is provided.
TERM. Any Order issued under this Agreement for Pole attachments or
Innerduct occupancy shall continue in effect for the term specified in the Order.
Any access to ROW shall be non-exclusive and perpetual , subject to the terms
and conditions of the Access Agreement (as hereinafter defined) and the original
instrument granting the ROW to Qwest. This Agreement shall continue during
such time WSP is providing Poles/lnnerduct attachments under any Order to this
Agreement.
Exhibit D July 2 2002
TERMINATION WITHOUT CAUSE.
3.4
To the extent permitted by law, either party may terminate this Agreement
(which will have the effect of terminating all Orders hereunder), or any
individual Order(s) hereunder, without cause, by providing notice of such
termination in writing and by certified Mail to the other party. The written
notice for termination without cause shall be dated as of the day it is
mailed and shall be effective no sooner than one hundred twenty (120)
calendar days from the date of such notice.
Termination of this Agreement or any Order hereunder does not release
either party from any liability under this Agreement that may have accrued
or that arises out of any claim that may have been accruing at the time of
termination, including indemnity, warranties, and confidential information.
If Qwest terminates this Agreement for Cause, or if WSP terminates this
Agreement without Cause, WSP shall pay termination charges equal to
the amount of fees and charges remaining on the terminated Order(s)
and shall remove its Facilities from the Polesllnnerduct within sixty (60)
days, or cause Qwest to remove its Facilities from the Poles/lnnerduct at
WSP's expense; provided , however, that WSP shall be liable for and pay
all fees and charges provided for in this Agreement to Qwest until WSP'
Facilities are physically removed. Notwithstanding anything herein to the
contrary, upon the termination of this Agreement for any reason
whatsoever, all Orders hereunder shall simultaneously terminate.
If this Agreement or any Order is terminated for reasons other than
Cause, then WSP shall remove its Facilities from Polesllnnerduct within
one hundred and eighty (180) days from the date of termination; provided
however, that WSP shall be liable for and pay all fees and charges
provided for in this Agreement to Qwest until WSP'Facilities are
physically removed.
Qwest may abandon or sell any Polesllnnerduct at any time by giving
written notice to the WSP. Upon abandonment of Poles/lnnerduct, and
with the concurrence of the other WSP(s), if necessary, WSP shall , within
sixty (60) days of such notice, either apply for usage with the new owner
or purchase the Poles/lnnerduct from Qwest, or remove its Facilities
therefrom. Failure to remove its Facilities within sixty (60) days shall be
deemed an election to purchase the Poles/lnnerduct at the current market
value.
CHARGES AND BilLING.
Exhibit D
WSP agrees to pay Qwest Poles/lnnerduct usage fees ("Fees ) asspecified in the Order. Fees will be computed in compliance with
applicable local, state and Federal law, regulations and guidelines. Such
Fees will be assessed, in advance on an annual basis. Annual Fees will
be assessed as of January 1 st of each year. Fees are not refundable
except as expressly provided herein. WSP shall pay all applicable Feesand charges specified herein within thirty (30) days from receipt of
July 2 , 2002
invoice. Any outstanding invoice will be subject to applicable finance
charges.
Qwest has the right to revise Fees, at its sole discretion , upon written
notice to WSP within at least sixty (60) days prior to the end of any annual
billing period.
INSURANCE. The WSP shall obtain and maintain at its own cost and expense
the following insurance during the life of the Contract:
5.4
Exhibit D
Workers' Compensation and/or Longshoremen s and Harbor Workers
Compensation insurance with (1) statutory limits of coverage for all
employees as required by statute; and (2) although not required by
statute, coverage for any employee on the job site; and (3) Stop Gap
liability or employer liability insurance with a limit of One Hundred
Thousand Dollars ($100 000.00) for each accident.
General liability insurance providing coverage for underground hazard
coverage (commonly referred to as "U" coverage), products/completed
operations, premises operations, independent contractor protection
(required if contractor subcontracts the work), broad form property
damage and contractual liability with respect to liability assumed by the
WSP hereunder. This insurance shall also include: (1) explosion hazard
coverage (commonly referred to as "X" coverage) if the work involves
blasting and (2) collapse hazard coverage (commonly referred to as "
coverage) if the work may cause structural damage due to excavation
burrowing, tunneling, caisson work , or under-pinning. The limits of liabilityfor this coverage shall be not less than One Million Dollars
($1 000,000.00) per occurrence combined single limit for bodily injury or
property damage. These limits of liability can be obtained through any
combination of primary and excess or umbrella liability insurance.
Comprehensive automobile liability insurance covering the use and
maintenance of owned, non-owned and hired vehicles. The limits of
liability for this coverage shall be not less than One Million Dollars
($1 000 000.00) per occurrence combined single limit for bodily injury or
property damage. These limits of liability can be obtained through any
combination of primary and excess or umbrella liability insurance.
Qwest may require the WSP from time-to-time during the life of the
Contract to obtain additional insurance with coverage or limits in addition
to those described above. However, the additional premium costs of any
such additional insurance required by Qwest shall be borne by Qwest
and the WSP shall arrange to have such costs billed separately and
directly to Qwest by the insuring carrier(s). Qwest shall be authorized by
the WSP to confer directly with the agent(s) of the insuring carrieres)
concerning the extent and limits of the WSP's insurance coverage in
order to assure the sufficiency thereof for purposes of the work
performable under the Contract and to assure that such coverage as a
hole with respect to the work performable are coordinated from the
standpoint of adequate coverage at the least total premium costs.
July 2 , 2002
Exhibit 0
The insuring carrieres) and the form of the insurance policies shall be
subject to approval by Qwest. The WSP shall forward to Qwest
certificates of such insurance issued by the insuring carrieres). The
insuring carrieres) may use the ACORD form, which is the Insurance
Industries certificate of insurance form. The insurance certificates shall
provide that: (1) Qwest is named as an additional insured; (2) thirty (30)
calendar days prior written notice of cancellation of, or material change or
exclusions in , the policy to which the certificates relate shall be given to
Qwest; (3) certification that underground hazard overage (commonly
referred to as "U" coverage) is part of the coverage; and (4) the words
pertains to all operations and projects performed on behalf of the
certificate holder" are included in the description portion of the certificate.
The WSP shall not commence work hereunder until the obligations of the
WSP with respect to insurance have been fulfilled. The fulfillment of such
obligations shall not relieve the WSP of any liability hereunder or in any
way modify the WSP's obligations to indemnify Qwest.
Whenever any work is performed requiring the excavation of soil or use of
heavy machinery within fifty (50) feet of railroad tracks or upon railroad
right-of-way, a Railroad Protective Liability Insurance policy will berequired. Such policy shall be issued in the name of the Railroad with
standard limits of Two Million Dollars ($2 000 000.00) per occurrence
combined single limit for bodily injury, property damage or physical
damage to property with an aggregate limit of Six Million Dollars
($6 000 000.00). In addition , said policy shall name Qwest and the
WSP/SubWSP on the declarations page with respect to its interest in
these specific job. Said insurance policy shall be in form and substance
satisfactory both to the Qwest and the Railroad and shall be delivered to
and approved by both parties prior to the entry upon or use of the
Railroad Property.
Whenever any work must be performed in the Colorado State Highway
right-of-way, policies and certificates of insurance shall also name the
State of Colorado as an additional insured. Like coverage shall be
furnished by or on behalf of any subcontractor. Copies of said certificates
must be available on site during the performance of the work.
CONSTRUCTION AND MAINTENANCE OF FACILITIES.
Qwest retains the right, in its sole judgment, to determine the availability
of space on Polesllnnerduct. When modifications to a Qwest spare
conduit include the placement of innerduct, Qwest retains the right to
install the number of innerducts required to occupy the conduit structure
to its full capacity. In the event Qwest determines that rearrangement ofthe existing facilities on Poles/lnnerduct is required before WSP'
Facilities can be accommodated, the cost of such modification will be
included in the WSP'nonrecurring charges for the associated
Polesllnnerduct Order.
July 2 , 2002
6.4.
Exhibit D
WSP shall be solely responsible for obtaining the necessary underlying
legal authority to occupy Polesllnnerduct on governmental , federal
Native American , and private rights of way, as applicable, and Qwest
does not warrant or represent that providing WSP with access to the
Polesllnnerduct in any way constitutes such legal right. The WSP shall
obtain any necessary permits, licenses, bonds, or other legal authority
and permission, at the WSP's sole expense, in order to perform its
obligations under this Agreement. The WSP shall contact all owners of
public and private rights-of-way, as necessary, to obtain written
permission required to perform the work prior to entering the property or
starting any work thereon and shall provide Qwest with written
documentation of such legal authority prior to placement of its facilities on
or in the Poles/lnnerduct. The WSP shall comply with all conditions of
rights-of-way and Orders.
WSP's Facilities shall be placed and maintained in accordance with the
requirements and specifications of the current applicable standards of
Bellcore Manual of Construction Standards, the National Electrical Code,
the National Electrical Safety Code, and the rules and regulations of the
Occupational Safety and Health Act, all of which are incorporated herein
by reference, and any governing authority having jurisdiction of the
subject matter of this Agreement. Where a difference in specifications
exists, the more stringent shall apply. Failure to maintain Facilities in
accordance with the above requirements shall be Cause as referenced in
Section 3 to this Agreement for termination of the Order in question.
Termination of more than two (2) Orders in any twelve-month period
pursuant to the foregoing sentence shall be Cause as referenced in
Section 3 for termination of this Agreement. Qwest's procedures
governing its standard maintenance practices shall be made available
upon request for public inspection at the appropriate Qwest premises.
WSP's procedures governing its standards maintenance practices for
Facilities shall be made available to Qwest upon written request. WSP
shall within thirty (30) days comply and provide the requested information
to Qwest to bring their facilities into compliance with these terms and
conditions.
In the event of any service outage affecting both Qwest and WSP, repairs
shall be effectuated on a priority basis as established by local , state or
federal requirements, or where such requirement do not exists, repairs
shall be made in the following order: electrical, telephone (local),
telephone (long distance), and cable television , or as mutually agreed to
by the users of the effected Poles/lnnerduct.
In the event of an infrastructure outage, the WSP should contact their
Network Maintenance Center at 1-800-223-7881 or the WSP may contact
their Account Manager at the Interconnect Service Center.
MODIFICATION TO EXISTING POLES/INNERDUCT.
If WSP requests Qwest to replace or modify existing Poles/lnnerduct to
increase its strength or capacity for the benefit of the WSP and Qwest
July 2 , 2002
determines in its sole discretion to provide the requested capacity, the
WSP shall pay Qwest the total replacement cost, Qwest's cost to transfer
its attachments, as necessary, and the cost for removal (including
destruction fees) of any replaced Poles/lnnerduct, if such is necessary.
Ownership of new Poles/lnnerduct shall vest in Qwest. To the extent that
a modification is incurred for the benefit of multiple parties, WSP shall pay
a proportionate share of the total cost as outlined above, based on the
ratio of the amount of new space occupied by the Facilities to the total
amount of space occupied by all parties joining the modification.
Modifications that occur in order to bring Poles/lnnerduct into compliance
with applicable safety or other requirements shall be deemed to be for the
benefit of the multiple parties and WSP shall be responsible for its pro
rata share of the modification cost. Except as set forth herein , WSP shall
have no obligation to pay any of the cost of replacement or modification of
Poles/lnnerduct requested solely by third parties.
Written notification of modification initiated by or on behalf of Qwest shallbe provided to WSP at least sixty (60) days prior to beginning
modifications if such modifications are not the result of an emergency
situation. Such notification shall include a brief description of the nature
and scope of the modification. If WSP does not rearrange its facilitates
within sixty (60) days after receipt of written notice from Qwest requesting
such rearrangement, Qwest may perform or cause to have performed
such rearrangement and WSP shall pay for cost thereof. No such notice
shall be required in emergency situations or for routine maintenance of
Polesllnnerduct.
INSPECTION OF FACILITIES. Qwest reserves the right to make final
construction, subsequent and periodic inspections of WSP's facilities occupying
the Poles/lnnerduct system. WSP shall reimburse Qwest for the cost of such
inspections except as specified in Section 8 hereof.
8.4.
Exhibit D
WSP shall provide written notice to Qwest, at least fifteen (15) days in
advance , of the locations where WSP's plant is to be constructed.
The WSP shall forward Exhibit A, entitled "Pulling In Report" attached
hereto and incorporated herein by this reference, to Qwest within five (5)
business days of the date(s) of the occupancy.
Qwest shall provide written notification to WSP within seven (7) days of
the date of completion of a final construction inspection.
Where final construction inspection by Qwest has been completed, WSP
shall be obligated to correct non-complying conditions within thirty (30)
days of receiving written notice from Qwest. In the event the correctionsare not completed within the thirty (30)-day period , occupancy
authorization for the Polesllnnerduct system where non-complying
conditions remain uncorrected shall terminate immediately, regardless of
whether WSP has energized the facilities occupying said Poles/lnnerduct
system, unless Qwest has provided WSP a written extension to comply.
WSP shall remove its facilities from said Poles/lnnerduct in accordance
July 2 , 2002
with the provisions set forth in Section 10 of this Agreement. No further
occupancy authorization shall be issued to WSP until such non-complying
conditions are corrected or until WSP's facilities are removed from the
Pole/Conduit system where such non-complying conditions exist.
agreed to in writing, by both parties, Qwest shall perform such corrections
and WSP shall pay Qwest the cost of performing such work. Subsequent
inspections to determine if appropriate corrective action has been taken
my be made by Qwest.
Once the WSPs facilities occupy Qwest Polesllnnerduct system and
Exhibit A has been received by Qwest, Qwest may perform periodic
inspections. The cost of such inspections shall be borne by Qwest
unless the inspection reveals any violations , hazards, or conditions
indicating that WSP has failed to comply with the provisions set forth in
this Agreement, in which case the WSP shall reimburse Qwest for full
costs of inspection, and re-inspection to determine compliance asrequired. A WSP representative may accompany Qwest on field
inspections scheduled specifically for the purpose of inspecting WSP'
Facilities; however, WSP's costs associated with its participation in such
inspections shall be borne by WSP. Qwest shall have no obligation to
notify WSP, and WSP shall have no right to attend , any routine field
inspections.
The costs of inspections made during construction and/or the final
construction survey and subsequent inspection shall be billed to the WSP
within thirty (30) days upon completion of the inspection.
Final construction , subsequent and periodic inspections or the failure to
make such inspections , shall not impose any liability of any kind upon
Qwest, and shall not relieve WSP of any responsibilities , obligations , or
liability arising under this Agreement.
UNAUTHORIZED FACILITIES
Exhibit 0
If any facilities are found attached to Poles/lnnerduct for which no Order
is in effect, Qwest, without prejudice to any other rights or remedies under
this Agreement, shall assess an unauthorized attachment administrative
fee of Two Hundred Dollars ($200.00) per attachment per Pole or
innerduct run between manholes, and require the WSP to submit in
writing, within ten (10) day after receipt of written notification from Qwest
of the unauthorized occupancy, a Polesllnnerduct application. Qwest
shall waive the unauthorized attachment fee if the following conditions are
both met: (1) WSP cures such unauthorized attachment (by removing it
or submitting a valid Order for attachment in the form of Attachment 2 of
Exhibit D , within thirty (30) days of written notification from Qwest of the
unauthorized attachment; and (2) the unauthorized attachment did not
require Qwest to take curative measures itself (e., pulling additional
innerduct) prior to the cure by WSP. Qwest shall also waive the
unauthorized attachment fee if the unauthorized attachment arose due to
error by Qwest rather than by WSP. If such application is not received by
Qwest within the specified time period , the WSP will be required to
July 2 , 2002
10.
11.
remove its unauthorized facility within ten (10) days of the final date for
submitting the required application, Qwest may remove the WSP'
facilities without liability, and the cost of such removal shall be borne by
the WSP.
For the purpose of determining the applicable charge, the unauthorized
Polesllnnerduct occupancy shall be treated as having existed for a period
of five (5) years prior to its discovery, and the charges, as specified in
Section 4, shall be due and payable forthwith whether or not WSP is
ordered to continue the occupancy of the Polesllnnerduct system.
No act or failure to act by Qwest with regard to an unauthorized
occupancy shall be deemed to constitute the authorization of the
occupancy; any authorization that may be granted subsequently shall not
operate retroactively or constitute a waiver by Qwest of any of its rights of
privileges under this Agreement or otherwise.
REMOVAL OF FACILITIES. Should Qwest, under the provisions of this
Agreement, remove WSP's Facilities from the Polesllnnerduct covered by any
Order (or otherwise), Qwest will deliver the Facilities removed upon payment by
WSP of the cost of removal, storage and delivery, and all other amounts due
Qwest. If payment is not received by Qwest within thirty (30) days, WSP will be
deemed to have abandoned such facilities , and Qwest may dispose of said
facilities as it determines to be appropriate. If Qwest must dispose of said
facilities, such action will not relieve WSP of any other financial responsibility
associated with such removal as provided herein. If WSP removes its Facilities
from Poles/lnnerduct for reasons other than repair or maintenance purposes, the
WSP shall have no right to replace such facilities on the Polesllnnerduct until
such time as all outstanding charges due to Qwest for previous occupancy have
been paid in full. WSP shall submit Exhibit 8, entitled "Notification of Surrender
of Modification of Conduit Occupancy License by WSP " or Exhibit C, entitled
Notification of Surrender of Modification of Pole Attachment by WSP " each as
attached hereto, advising Qwest as to the date on which the removal of Facilities
from each Poles/lnnerduct has been completed.
INDEMNIFICATION AND LIMITATION OF LIABILITIES. WSP shall indemnify
and hold harmless Qwest, its owners, parents, subsidiaries, affiliates, agents
directors, and employees against any and all liabilities, claims , judgments
losses, orders, awards, damages, costs, fines, penalties , costs of defense, and
attorneys' fees ("Liabilities ) to the extent they arise from or in connection with:
(1) infringement, or alleged infringement, of any patent rights or claims caused
or alleged to have been caused, by the use of any apparatus, appliances
equipment, or parts thereof, furnished , installed or utilized by the WSP; (2) actual
or alleged fault or negligence of the WSP, its officers, employees, agents
subcontractors and/or representatives; (3) furnishing, performance, or use of any
material supplied by WSP under this Contract or any product liability claims
relating to any material supplied by WSP under this Contract; (4) failure of WSP
its officers, employees, agents , subcontractors and/or representatives to comply
with any term of this Contract or any applicable local , state, or federal law or
regulation , including but not limited to the OSH Act and environmental protection
laws; (5) assertions under workers' compensation or similar employee benefit
Exhibit D July 2 , 2002
acts by WSP or its employees, agents, subcontractors, or subcontractors
employees or agents; (6) the acts or omissions (other than the gross negligenceor willful misconduct) of Qwest its officers, employees, agents, and
representatives, except as otherwise provided in paragraphs 11.3 and 11.4
below; and/or, (7) any economic damages that may rise, including damages for
delay or other related economic damages that the Qwest or third parties may
suffer or allegedly suffer as a result of the performance or failure to perform work
by the WSP. If both Qwest and the WSP are sued as a result of or in connection
with the performance of work arising out of this Contract, the parties hereby
agree that the defense of the case (including the costs of the defense and
attorneys' fees) shall be the responsibility of the WSP , if Qwest desires. Qwest
shall give the WSP reasonable written notice of all such claims and any suits
alleging such claims and shall furnish upon the WSP's request and at the WSP'
expense all information and assistance available to the Qwest for such defense.
The parties shall employ Article 13, Dispute Resolution , to resolve any dispute
concerning the proportional fault and liability after the underlying case is
terminated.
11.
11.
11.
11.4
Exhibit 0
IF WORK IS PERFORMED IN THE STATE OF WASHINGTON
UNDER THIS GENERAL CONTRACT, THE WSP ACKNOWLEDGES
AND AGREES THAT THIS INDEMNIFICATION OBLIGATION SHALL
INCLUDE , BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST
QWEST BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE
WSP, AND THE WSP EXPRESSLY WAIVES ALL IMMUNITY AND
LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE
ACT, OTHER WORKERS' COMPENSATION ACT, DISABILITY
BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY
JURISDICTION WHICH WOULD OTHERWISE BE APPLICABLE IN
THE CASE OF SUCH A CLAIM.
Except as expressly provided herein , NEITHER PARTY SHALL BE
LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
INCLUDING BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF
BUSINESS OR LOSS OF PROFIT; provided , however, there shall be
no limitation on a party s liability to the other for any fines or penalties
imposed on the other party by any court of competent jurisdiction or
federal, state or local administrative agency resulting from the failure
of the party to comply with any term or condition of this Contract or
any valid and applicable law, rule or regulation.
FOR ANY WORK PERFORMED IN ARIZONA, IDAHO SOUTH
DAKOTA, UTAH OR WASHINGTON , SECTION 11(6) SHALL NOT
EXTEND TO THE SOLE NEGLIGENCE OF QWEST BUT SHALL
EXTEND TO THE NEGLIGENCE OF QWEST WHEN
CONCURRENT WITH THAT OF THE WSP.
FOR ANY WORK PERFORMED IN THE STATES OF MINNESOTA
NEBRASKA NEW MEXICO, OR OREGON , ARTICLE 11 SHALL
NOT APPLY EXCEPT THAT SECTION 11 SHALL APPLY FOR
WORK PERFORMED IN MINNESOTA FOR MAINTENANCE OR
July 2 , 2002
REPAIR OF MACHINERY, EQUIPMENT, OR OTHER SUCH
DEVICES, USED AS PART OF A MANUFACTURING , COVERING
OR OTHER PRODUCTION PROCESS INDULGING ELECTRIC
GAS, STEAM, AND TELEPHONE UTILITY EQUIPMENT USED FOR
PRODUCTION , TRANSMISSION , OR DISTRIBUTION PURPOSES.
FORCE MAJEURE12.
12.
12.
12.
12.4
Exhibit 0
The WSP shall be excused from its performance as to any Order
prevented by acts or events beyond the WSP's reasonable control
including extreme weather conditions, strikes, fires, embargoes, actions
of civil or military law enforcement authorities, acts of God, or acts of
legislative, judicial , executive, or administrative authorities.
If such contingency occurs, Qwest may elect:
12.1 To terminate this Agreement as to the Order in question; or
12.2 To terminate already-assigned specific work assignment(s) the
WSP is unable to perform, or any part thereof, and to assign new
specific work assignments to other parties for the duration of the
cause of the delay; or
12.3 To suspend already-assigned specific work assignment(s) the
WSP is unable to perform , or any part thereof, for the duration of
the cause of the delay; and to assign new specific work
assignments to other parties for the duration of the cause of the
delay.
Qwest shall be deemed to have elected Section 12.2.3 above unless
written notice of termination is given by Qwest after the contingency
occurs. With respect to Qwest's election of Section 12.3 above:
12.1 Qwest shall give the WSP written notice of the work to be
performed by such other party prior to its performance and
shall deduct from the WSP's price the cost of the work or
services actually performed by such other parties.
12.2 The WSP shall resume performance, and complete any
work not performed or to be performed by another party,
once the delaying cause ceases.
12.3 If appropriate, at the Qwest's discretion , the time for
completion of specific work assignment(s) shall be
extended up to the length of time the contingency endured.
Qwest shall be excused from its performance if prevented by acts or
events beyond the Qwest's reasonable control including extreme weather
conditions, strikes, fires, embargoes, actions of civil or military law
enforcement authorities, acts of God , or acts of legislative, judicial
executive, or administrative authorities.
July 2 , 2002
13.
14.
DISPUTE RESOLUTION.
13.1. Other than those claims over which a regulatory agency has exclusive
jurisdiction, all claims, regardless of legal theory, whenever brought and
whether between the parties or between one of the parties to this
Agreement and the employees , agents or affiliated businesses of the
other party, shall be resolved by arbitration. A single arbitrator engaged
in the practice of law and knowledgeable about telecommunications law
shall conduct the arbitration in accordance with the then current rules of
the American Arbitration Association ("AAA") unless otherwise provided
herein. The arbitrator shall be selected in accordance with AAA
procedures from a list of qualified people maintained by AAA. The
arbitration shall be conducted in the regional AAA office closest to where
the claim arose.
13.2. All expedited procedures prescribed by the AAA shall apply. The
arbitrator s decision shall be final and binding and judgment may be
entered in any court having jurisdiction thereof.
13.3. Other than the determination of those claims over which a regulatory
agency has exclusive jurisdiction , federal law (including the provisions of
the Federal Arbitration Act, 9 U.C. Sections 1-16) shall govern and
control with respect to any issue relating to the validity of this Agreement
to arbitrate and the arbitrability of the claims.
13.4.If any party files a judicial or administrative action asserting claims subject
to arbitration , and another party successfully stays such action and/or
compels arbitration of such claims, the party filing the action shall pay the
other party s costs and expenses incurred in seeking such stay or
compelling arbitration , including reasonable attorney s fees.
LAWFULNESS. This Agreement and the parties' actions under this Agreement
shall comply with all applicable federal, state, and local laws, rules, regulations,
court orders, and governmental agency orders. Any change in rates, charges or
regulations mandated by the legally constituted authorities will act as a
modification of any contract to that extent without further notice. This Agreement
shall be governed by the laws of the state where Poles/lnnerduct is provided.
Nothing contained herein shall substitute for or be deemed a waiver of the
parties' respective rights and obligations under applicable federal, state and local
laws, regulations and guidelines, including (without limitation) Section 224 of the
Communications Act of 1934, as amended (47 U.C. 224). The WSP
represents that it is a certified Competitive Local Exchange Carrier or otherwise
has the legal right, pursuant to 47 U.C. 224 to attach to Qwest's pole pursuant
to the terms thereof. The WSP acknowledges that Qwest will rely on the
foregoing representation , and that if such representation is not accurate, this
Agreement shall be deemed void ab initio except for Article 9 hereof, for which
WSP shall remain fully liable.
15.SEVERABILITY. In the event that a court, governmental agency, or regulatory
agency with proper jurisdiction determines that this Agreement or a provision of
Exhibit 0 July 2, 2002
this Agreement is unlawful, this Agreement, or that provision of the Agreement to
the extent it is unlawful , shall terminate. If a provision of this Agreement is
terminated but the parties can legally, commercially and practicably continue
without the terminated provision , the remainder of this Agreement shall continue
in effect.
16.GENERAL PROVISIONS.
16.Failure or delay by either party to exercise any right, power, or privilege
hereunder, shall not operate as a waiver hereto.
16.This Agreement shall not be assignable by WSP without the express
written consent of Qwest, which shall not be unreasonably withheld.
Assignment of this Agreement by WSP to WSP's subsidiary or affiliate
shall be presumed to be reasonable; provided , however, that WSP must
obtain Qwest's consent in any event.
16.This Agreement benefits WSP and Qwest. There are no third party
beneficiaries.
16.4 This Agreement constitutes the entire understanding between WSP and
Qwest with respect to Service provided herein and supersedes any prior
agreements or understandings.
Exhibit D July 2, 2002
The parties hereby execute and authorize this Agreement as of the latest date shown
below:
WSP Qwest Corporation
Signature Signature
Name Typed or Printed
Printed
MATTHEW ROSSIName Typed
PRODUCT MANAGER
TitleTitle
Date Date
Address for Notices Address for Notices
Qwest Corporation
1801 California , Rm. 2330
Denver, CO 80202
Contact:Contact: MATTHEW ROSSI
Phone:Phone:[phone]
FAX:FAX:[phone]
Exhibit 0 July 2 , 2002
EXHIBIT A
PULLING IN REPORT
This report is to be completed by the WSP when fiber cable is placed into innerduct.
Send to:
Brooke Bale, Qwest Corp
700 W Mineral. Rm IAF12
Littleton. CO 80120 (303-707-7598)
This is to advise you that pursuant to General Agreement No.
granted to us under the terms of the Innerduct Agreement dated
we have completed installation of the following cable into the following ducts.
Municipality
Location
From
Manhole at
Installed
Manhole at
Cable and
Equipment
Name of WSP
By:
Title:
Receipt of the above report is hereby acknowledged
Qwest Corporation
By:
Title:
Reports shall be submitted in duplicate.
A complete description of all facilities shall be given , including a print showing the
locations, quantities, sizes and types of all cables and equipment.
Exhibit D July 2 , 2002
Sketch to be furnished showing duct used. Must be same duct assigned to
Licensee by Licensor as shown on Exhibit -' unless a change has been
previously authorized in writing by Licensor.
Exhibit 0 July 2 , 2002
EXHIBIT B
WSP:
NOTIFICATION OF SURRENDER OR MODIFICATION
OF CONDUIT OCCUPANCY ORDER BY WSP
Return to:
Brooke Bale. Qwest Corp
700 W Mineral Rm IAF12
Littleton, CO 80120
In accordance with the terms and conditions of this Agreement between us, dated
~,
notice is hereby given that the licenses covering occupancy of the
following conduit are surrendered (and/or modified as indicated in Licensee s prior
notification to Licensor, dated 20~ effective
CONDUIT LOCATION LlC. NO. &SURRENDER OR DATE
DATE MODIFICATION FAC. RMVD. OR
MODIFIED
Name of Licensor Name of Co- Provider
Date Notification Received
Title
Date Modification Accepted
Discontinued:Total duct footage
Exhibit D July 2, 2002
EXHIBIT C
NOTIFICATION OF SURRENDER OR MODIFICATION
OF POLE ATTACHMENT ORDER BY WSP
WSP:
Return to:
Brooke Bale, Qwest Corp
700 W Mineral Rm IAF12
Littleton, CO 80120
In accordance with the terms and conditions of the Agreement between Qwest
and WSP , dated , notice is hereby given that the licenses covering
attachments to the following poles and/or anchors, and/or utilization of anchor/guy strand
is surrendered (or modified as indicated in WSP's prior notification to Qwest, dated
, 20 effective
POLE NO.ASSOC. POLE LlC. NO. &SURRENDER OR DATE FAC.
NO.DATE MODIFICATION RMVD OR
MODIFIED
A/GS -
A/GS -
A/GS -
A/GS -
A/GS -
A/GS -
A/GS -
A/GS -
A/GS -
Date Notification Received
Date Modification Received
By:Name of WSP
Discontinued:
Poles
Anchors
By:
Anchor/Guy Strands Its:
Exhibit 0 July 2 , 2002
ATTACHMENT 4
FORM OF ACCESS AGREEMENT
After recording, please return to:
Brooke Bale
700 W Mineral , Rm IAF12
Littleton , CO 80120
ACCESS AGREEMENT
THIS ACCESS AGREEMENT (this "Aqreement ) is made as of the day
, 20 , by and between QWEST CORPORATION a Colorado corporation
successor in interest to U S WEST COMMUNICATIONS, INC.a Colorado corporation
Grantor
),
whose address is and
whose address is Grantee
RECITALS
A. This Agreement relates to certain real property (the "Property ) located in
the County of (the "County ), State of (the "State
B. A copy of an agreement purporting to grant to Grantor certain rights to
use the Property, as described therein (the Easement Riqhts ), is attached as Exhibit A
(the "Riqht of Way Aqreement"
C. Pursuant to 42 U.C. 99 224 and 251 (b)(5), Grantor, as a Local
Exchange Carrier, is required to provide access to rights-of-way to a requesting
telecommunications carrier, as defined in 42 U.C. 9 224. Grantee is a
telecommunications carrier that has requested access to Grantor s Easement Rights. To
comply with the aforementioned legal requirement, Grantor has agreed to share with
Grantee its Easement Rights, if any, relating to the Property, to the extent Grantor may
legally convey such an interest.
D. Subject to the terms and conditions set forth in this Agreement, Grantor
has agreed to convey to Grantee , without any representation or warranty, the right to
use the Easement Rights , and Grantee has agreed to accept such conveyance.
NOW, THEREFORE , for Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged , the parties
hereby agree as follows:
1. Grant of Riqht of Access Grantor hereby conveys to Grantee and its
Authorized Users (as defined below) a non-exclusive , perpetual right to access and use
the Easement Rights, which right shall be expressly (a) subject to, subordinate to, and
Exhibit D July 2 2002
limited by the Right of Way Agreement, and (b) subject to the terms and conditions
hereof. As used in this Agreement
, "
Authorized Users" of Owner, Grantor and Grantee
shall mean Owner, Grantor or Grantee, as applicable, their respective Affiliates and
agents, licensees, employees , and invitees , including, without limitation , contractors,
subcontractors , consultants, suppliers, public emergency vehicles , shipping or delivery
vehicles, or construction vehicles. Affiliates" means, with respect to any Person , any
Person that controls, is controlled by or is under common control with such Person
together with its and their respective members, partners, venturers, directors, officers,
stockholders, agents, employees and spouses. A Person shall be presumed to have
control when it possesses the power, directly or indirectly, to direct, or cause the
direction of, the management or policies of another Person, whether through ownership
of voting securities, by contract, or otherwise. "Person" means an individual
partnership, limited liability company, association, corporation or other entity.
2. Grantor s Reserved Riohts. Grantor reserves to itself and its Authorized
Users the right to use the Easement Rights for any purpose not incompatible with the
rights conveyed to Grantee by this Agreement.
3. Conditions Precedent to Effectiveness of Aqreement.This Agreement is
expressly conditioned on the following:
a. Recordation of Aqreement.If the Right-of-Way Agreement has been
publicly recorded , Grantee shall be responsible for assuring that the Agreement
is in appropriate form for recording in the real property records of the County,
shall pay for the recording thereof, and shall provide a copy of the recorded
Agreement to Grantor at the address set forth above. A legible copy of the Right
of Way Agreement must be attached to the Agreement when recorded or the
Agreement shall not be effective.
b. Payment of Costs and Expenses. Grantee shall pay to or reimburse
Grantor for all costs and expenses, including reasonable attorneys' fees , relating
to Grantor s execution and delivery of this Agreement.
4. Grantee Representations and Warranties
warrants to Grantor that:
Grantee represents and
a. Authority. Grantee is a duly formed and validly existing
under the laws of the State of All necessary action has been
taken by Grantee to execute and deliver this Agreement and to perform the
obligations set forth hereunder. Grantee is a "telecommunications carrier" as that
term is defined in 42 U.C. 9 224.
b. Due Diliqence. Grantee acknowledges and agrees that neither
Grantor nor any agent, employee, attorney, or representative of Grantor has
made any statements, agreements , promises , assurances , representations, or
warranties, whether in this Agreement or otherwise and whether express or
implied, regarding the Right of Way Agreement or the Easement Rights or the
assignability or further granting thereof, or title to or the environmental or other
condition of the Property. Grantee further acknowledges and agrees that
Grantee has examined and investigated to its full satisfaction the physical nature
and condition of the Property and the Easement Rights and that it is acquiring the
Exhibit D July 2, 2002
Easement Rights in an "AS IS, WHERE IS" condition. Grantee expressly waives
all claims for damages by reason of any statement, representation , warranty,
assurance, promise or agreement made , if any.
5. Grantee s Covenants.
a. Compliance with Riqht of Way Aqreement.Grantee agrees that the
rights granted by Grantor hereunder are expressly subject to, subordinate to, and
limited by the Right of Way Agreement, and Grantee further agrees to comply in
all respects with the terms and conditions of the Right of Way Agreement as they
apply to the holder or user of the Easement Rights. In the event Grantee fails to
observe or perform any of its obligations under the Right of Way Agreement
Grantor shall have the right, but not the obligation, to perform or observe such
obligation to the extent that such obligation can be observed or performed by
Grantor.
b. Compliance with Laws . Grantee agrees to use the Property and the
Easement Rights in compliance with all applicable laws.
c. No Further Grant.Grantee shall not grant to any Person other than
Grantee s Authorized Users the right to use the Easement Rights without the
prior written consent of Grantor, which consent may be granted or withheld in
Grantor s sole discretion.
d. Non-Interference. Grantee agrees that it will not interfere with Grantor s or
Grantor s Authorized Users' use of the Easement Rights and will not take any action or
fail to take any action that would negatively affect the Easement Rights or cause or
contribute to the termination of the Right of Way Agreement.
Exhibit D July 2 2002
6. Indemnification Grantee hereby agrees to indemnify, defend and hold
Owner, Grantor and their respective Affiliates harmless from and against any and all
claims, judgments, damages, liabilities, penalties, fines, suits , causes of action , costs of
settlement, and expenses (including, without limitation, reasonable attorneys' fees)
which may be imposed upon or incurred by Grantor or its Authorized Users, or any of
them, arising from, relating to or caused by Grantee s breach of this Agreement or the
use, or the use by any of Grantee s Authorized Users, of the Easement Rights.
addition to the indemnity obligations described above, in the event that any act or
omission of Grantee or Grantee s Authorized Users causes, directly or indirectly, and
without reference to any act or omission of Owner, Grantor or their respective Authorized
users, the termination or revocation of the Easement Rights, Grantee shall be liable to
Grantor for all costs incurred in connection with (a) acquiring replacement Easement
Rights over the Property or over other suitable Property, as determined in Grantor s sole
judgment (the "Replacement Easement ), (b) the fully-loaded cost of constructing
replacement facilities over the Replacement Easement, (c) the cost of removing its
facilities and personal property from the Property, if required by the Right of Way
Agreement, and (d) any other costs of complying with the Right of Way Agreement
including, without limitation, reasonable attorneys' fees. Grantee shall pay all such
amounts within ten (10) days of receipt of any invoice for such costs delivered to
Grantee by Owner, Grantor or their respective Authorized Users.
7. Condemnation If any action is taken whereby the Right of Way Agreement
or any part of the Easement Rights are terminated , relocated or otherwise affected , by
any taking or partial taking by a governmental authority or otherwise , then such any
compensation due or to be paid to the holder of the Easement Rights due to such
occurrence shall belong solely to Grantor.
8. Severable Provisions If any term of this Agreement shall, to any extent, be
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby,
and each term of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
9. Default; Remedies. (a) If Grantee files a petition in bankruptcy, or a petition
is bankruptcy is filed against Grantee, which is not dismissed on or before fifteen (15)
days after such filing, or (b) in the event of Grantee s breach or threatened breach of any
term, covenant or condition of this Agreement, then Grantor shall have, in addition to all
other legal and equitable remedies, the right to (x) terminate this Agreement, (y) enforce
the provisions hereof by the equitable remedy of specific performance , or (z) enjoin such
breach or threatened breach by injunctive action, all without the necessity of proof of
actual damages or inadequacy of any legal remedy. Grantee agrees to pay all costs of
enforcement of the obligations of Grantee hereunder, including reasonable attorneys
fees and all costs of suit, in case it becomes necessary for Grantor to enforce the
obligations of Grantee hereunder, whether suit be brought or not, and whether through
courts of original jurisdiction , as well as in courts of appellate jurisdiction, or through a
bankruptcy court or other legal proceedings.
10. Bindinq Effect.This Agreement shall be binding on and inure to the benefit of
the parties hereto and their respective successors and assigns. This Agreement may be
assigned at any time in whole or in part by Grantor.
Exhibit 0 July 2 , 2002
11. No Dedication. Nothing contained in this Agreement shall constitute a gift or
dedication of any portion of the Easement Rights to the general public or for any public
purpose whatsoever. There are no intended third-party beneficiaries to this Agreement.
12. Grantor s Waiver of Confidentiality. If the Right of Way Agreement is not
publicly recorded , Grantor hereby grants a limited waiver of any right to keep the terms
and conditions of the Right of Way Agreement confidential , except for any dollar
amounts in the Right of Way Agreement, which rights Grantor expressly reserves, and
subject to Grantee s and Owner s compliance with the terms and conditions in this
paragraph. In all instances, Grantee will use the Right of Way Agreement only for the
following purposes: (a) to determine whether Grantor has ownership or control over
duct, conduits, or rights-of-way within the property described in the Right of Way
Agreement; (b) to determine the ownership of wire within the property described in the
Right of Way agreement; or (c) to determine the demarcation point between Grantor
facilities and the Owner s facilities in the property described in the agreement. Grantee
further agrees that Grantee shall not disclose the contents, terms, or conditions of any
agreement provided pursuant to Section 10.8 to any Grantee agents or employees
engaged in sales, marketing, or product management efforts on behalf of Grantee.
Grantor s waiver of rights , subject to the limitations set forth above, is intended to be
effective whether or not such right to confidentiality is expressly set forth in the Right of
Way Agreement or elsewhere or may have been agreed to orally, and so long as
Grantee and Owner comply with the conditions set forth above, Grantor further
covenants not to assert any claim or commence any action , lawsuit, or other legal
proceeding against Owner or Grantee, based upon or arising out of Grantor s alleged
right to confidentiality relating to the Right of Way Agreement, except in the event of
disclosure of dollar amounts in the Right of Way Agreement. Grantor s waiver
expressly conditioned on Owner s waiver of Owner s confidentiality rights, as set forth in
the Consent to Disclosure form, which is a part hereof, or Grantee s provision to Grantor
of a legally binding and satisfactory agreement to indemnify Grantee in the event of any
legal action arising out of Owner s provision of a non-recorded agreement to Grantee.
In the event that , the person executing the Consent to Disclosure form does not have
the legal right to bind the Owner, Grantor reserves the right to maintain an action for
damages , including, without limitation , consequential damages, arising from such
improper execution against any Person improperly executing the Consent to Disclosure
form. In any event, Grantor reserves its right to (a) to enforce the confidentiality
provisions of the Right of Way Agreement as to any dollar amounts set forth in such
Right of Way Agreements, and/or (b) to maintain an action for damages, including,
without limitation , consequential damages , arising from the disclosure of the dollar
amounts in any Right of Way Agreement, against any party, including, without limitation
against Grantee or against any Person improperly executing the Consent to Disclosure
form.
13. Notices. All notices to be given pursuant to this Agreement shall be deemed
delivered (a) when personally delivered, or (b) three (3) business days after being mailed
postage prepaid , by United States certified mail , return receipt requested, or (c) one
business day after being timely delivered to an overnight express courier service such as
Federal Express which provides for the equivalent of a return receipt to the sender, to
the above described addresses of the parties hereto, or to such other address as a party
may request in a writing complying with the provisions of this Section.
Exhibit D July 2 , 2002
14. Modification; Counterparts. This Agreement may not be amended , modified
or changed , nor shall any waiver of any provision hereof be effective, except by an
instrument in writing and signed by the party against whom enforcement of any
amendment, modification, change or waiver is sought. This Agreement may be
executed in any number of counterparts, all of which shall constitute but one and the
same document.
15. Controllinq Law. This Agreement shall be governed by and construed in
accordance with the laws of the State.
16. Waiver of JUry Trial.THE PARTIES HEREBY IRREVOCABLY WAIVE, TO
THE FULLEST EXTENT OF APPLICABLE LAW, ALL RIGHT TO TRIAL BY JURY IN
ANY ACTION , PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR
RELATING TO THIS AGREEMENT.
rSianature lJaaes followl
Exhibit 0 July 2 2002
EXECUTED as of the date first written above.
GRANTOR:
Witnessed by:QWEST CORPORATION , a Colorado
corporation , successor in interest to
US WEST COMMUNICATIONS, INC.
a Colorado corporation
By:
Name:
Title:
STATE OF
COUNTY OF
) ss:
The foregoing instrument was acknowledged before me this day of
, 20 , by
of QWEST CORPORATION , a
Colorado corporation.
Witness my hand and official seal.
(SEAL)
Notary Public
My Commission Expires:
Exhibit D July 2 2002
EXECUTED as of the date first written above.
GRANTEE:
Witnessed by:, a
By:
Name:
Title:
) ss:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 , by
, a
Witness my hand and official seal.
(SEAL)
Notary Public
My Commission Expires:
Exhibit D July 2 , 2002
CONSENT TO DISCLOSURE
THE UNDERSIGNED
Owner ), whose address is
, a
, hereby
consents to the terms of the following paragraphs regarding the agreement described orentitled as between Qwest Corporation
formerly U S WEST Communications, Inc. ("Qwest") and Owner for the property locatedat ("Property ) that provides Qwest with access to
Owner s Property (the "Aqreement
FOR TEN DOLLARS ($10) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged , Owner agrees as follows:
1. Title to Property. Owner represents and warrants either (a) that Owner is the owner of
fee title to the Property described in the Agreement or, if no description of the Property is
given in the Agreement, then (b) that Owner is the grantor, or the successor to or
assignee of the grantor, of the easement rights, if any, under the Agreement. Owner
further represents and warrants that Owner has the legal right to execute this Consent to
Disclosure, including, without limitation, the right to waive the confidentiality of the
Agreement as set forth in paragraph 3 of this Consent to Disclosure.
2. Owner s Acknowledqments. Owner expressly acknowledges that (a) this is a legal
document that may affect Owner s rights and Owner was given the opportunity to have
the Agreement and this Consent to Disclosure reviewed by Owner s attorney; and (b)
Owner, by signing this Consent to Disclosure, waives any rights it may have to keep the
terms and provisions of the Agreement confidential.
3. Owner s Waiver of Confidentiality. Owner hereby waives any right it may have to
keep the terms and conditions of the Agreement confidential, whether or not such right
to confidentiality is expressly set forth in the Agreement or elsewhere or may have been
agreed to orally, subject to the compliance of the competitive local exchange carrier
WSP") with the requirements of paragraph 5. Owner further covenants not to assert
any claim or commence any action , lawsuit, or other legal proceeding against Qwest or
WSP presenting this Consent to Disclosure, based upon or arising out of Owner
alleged right to confidentiality relating to the Agreement. Owner s consent to disclosure
applies only to the Agreement that is described in this Consent to Disclosure form and
only to the undersigned WSP.
4. Qwest's Waiver of Confidentiality. Qwest represents and warrants that it is granting a
limited waiver of its confidentiality rights that permits WSP to review the Agreement
subject to WSP's compliance with the requirements of paragraph 5 and Qwest's right to
redact all dollar amounts set forth in the Agreement. Qwest's consent to disclosure
applies only to the Agreement that is described in this Consent to Disclosure form and
only to the undersigned WSP.
5. WSP's Obligations. WSP shall use the Agreement exclusively for the following
purposes and for no other purpose whatsoever:
Exhibit D July 2 , 2002
(a) to determine whether Qwest has ownership or control over duct, conduits,
or rights-of-way within the Property described in the Agreement; or
(b) to determine the ownership of wire within the Property described in the
Agreement; or
(c) to determine the demarcation point between Qwest facilities and the
Owner s facilities in the Property described in the Agreement.
WSP further agrees that WSP shall not disclose the contents, terms, or conditions of the
Agreement to any WSP agents or employees engaged in sales, marketing, or product
management efforts on behalf of WSP.
6. Acknowledgement of Limitation on Waivers. Owner understands that Qwest does
not agree to waive the confidentiality of the dollar amounts set forth in any
Agreement, and acknowledges that Owner has no right to provide copies of such
Agreements to any party unless Owner has completely deleted the dollar
amounts. Owner shall not provide a copy of the Agreement unless Owner has
completely deleted all dollar amounts. Whether provided by Owner or Qwest
WSP shall comply with the conditions set forth in paragraph 5.
7. Notices . All notices to be given pursuant to this Agreement shall be deemed delivered
(a) when personally delivered , or (b) three (3) business days after being mailed postage
prepaid , by United States certified mail , return receipt requested, or (c) one business day
after being timely delivered to an overnight express courier service such as Federal
Express which provides for the equivalent of a return receipt to the sender, to the above
described addresses of the parties hereto, or to such other address as a party may
request in a writing complying with the provisions of this Section.
EXECUTED as of the date first written above.
OWNER:
WSP:
Exhibit 0 July 2 , 2002
EXHIBIT 1
Right of Way Agreement
(This represents the ROW agreement between the parties)
Exhibit 0 July 2 , 2002
EXHIBIT E
RESERVED FOR FUTURE USE
EXHIBIT F - Special Request Process
The Special Request Process shall be used for the following requests:
Requesting specific product feature(s) be made available by Qwest that are
currently available in a switch, but which are not activated.
Requesting specific product feature(s) be made available by Qwest that are not
currently available in a switch , but which are available from the switch vendor
Requesting a combination of Unbundled Network Elements that is a combination
not currently offered by Qwest as a standard product and:
that is made up of UNEs that are defined by the FCC or the Commission
as a network element to which Qwest is obligated to provide unbundled access
and;
that is made up of UNEs that are ordinarily combined in the Qwest
network.
1.4 Requesting an Unbundled Network Element that does not require a technical
feasibility analysis and has been defined by the FCC or the State Commission as a
network element to which Qwest is obligated to provide unbundled access, but for which
Qwest has not created a standard product, including, but not limited to, OC-192 (and
such higher bandwidths that may exist) UDIT , EEL between OC-3 and OC-192 and new
varieties of subloops.2. Any request that requires an analysis of Technical Feasibility shall be treated as
a Bona Fide Request (BFR), and will follow the BFR Process set forth in this Agreement.
If it is determined that a request should have been submitted through the BFR process
Qwest will consider the BFR time frame to have started upon receipt of the original
Special Request application form.3. A Special Request shall be submitted in writing and on the appropriate Qwest form
which is located on Qwest's website.4. Qwest shall acknowledge receipt of the Special Request within two (2) business
days of receipt.
5. Qwest shall respond with an analysis, including costs and timeframes, within fifteen (15)
business days of receipt of the Special Request. In the case of UNE Combinations, the analysis
shall include whether the requested combination is a combination of network elements that are
ordinarily combined in the Qwest network. If the request is for a combination of network
elements that are not ordinarily combined in the Qwest network, the analysis shall indicate to
WSP that it should use the BFR process if WSP elects to pursue its request.6. Upon request, Qwest shall provide WSP with Qwest's supporting cost data and/or
studies for Unbundled Network Elements that WSP wishes to order within seven (7) business
days, except where Qwest cannot obtain a release from its vendors within seven (7) business
days, in which case Qwest will make the data available as soon as Qwest receives the vendor
release. Such cost data shall be treated as Confidential Information , if requested by Qwest
under the non-disclosure sections of this Agreement.
Exhibit F July 2 , 2002 Page 1
EXHIBIT G
RESERVED FOR FUTURE USE
EXHIBIT H
RESERVED FOR FUTURE USE
Exhibit I - Individual Case Basis
This Agreement contains references to both ICB rates and ICB intervals. The
purpose of this exhibit is to identify how WSP's ICB requests - whether they be
for rates or intervals - are processed through and by Qwest.
ICB Rate Intervals
2.2
Exhibit I
For those products and services identified in the AGREEMENT that
contain a provision for ICB rates, Qwest will provide WSP with a written
quote of the ICB rate within twenty (20) business days unless a specific
interval for providing the quote is either contained in the AGREEMENT
or this Exhibit.
The purpose of this subsection is to identify those circumstances when the
generic twenty (20) business day interval in the aforementioned subsection
to this Exhibit does not apply. In these specified circumstances, Qwest
shall provide WSP with an ICB quote within the stated specific intervals:
2.2.Quotes for all Bona Fide Requests (BFR) shall be provided in
accord with Section 17.
2.2.2 Quotes for all Special Request Processes (SRP) shall be provided
in accord with Exhibit F.
2.2.Quotes for all collocation requests, regardless of the type
collocation, shall be provided in accord with the Section 8 interval.
2.2.4 Quotes for all Field Connection Point requests shall be provided in
accord with Section 9.
2.2.Quotes for all Advanced Intelligent Network (AIN) requests shall
be provided in accord with Section 9.
Upon request, Qwest shall provide WSP with Qwest's supporting cost
data and/or cost studies for the Unbundled Network Element or service
that WSP wishes to order within seven (7) business days, except where
Qwest cannot obtain a release from its vendors within seven (7) business
days, in which case Qwest will make the data available as soon as Qwest
receives the vendor release. Consistent with the terms and conditions
any applicable vendor contract or agreement, Qwest shall diligently pursue
obtaining the release of cost information as soon as reasonably possible.
To the extent consistent with the terms and obligations of any applicable
vendor contract or agreement, Qwest shall request the release of vendor
cost information when Qwest communicates with the vendor(s) when
Qwest seeks a quote for the costs of the ICB project. Such cost data shall
be treated as confidential information if requested by Qwest under the
non-disclosure sections of this Agreement.
July 2, 2002 Page
ICB Provisioning Intervals
3.1
Exhibit I
For those products and services provided pursuant to this AGREEMENT
that contain a provision for ICB interval but do not contain a specific
provision for when the ICB interval shall be provided, the ICB interval
shall be provided within twenty (20) business days of receipt of the order
request or application.
For ICB intervals for those products and services that require negotiated
project time lines for installation, such as 2/4 wire analog loop for more
than twenty-five (25) loops, the Qwest representative, authorized to
commit to intervals, shall meet with WSP's representative within seven
(7) business days of receipt of the request from WSP to negotiate
intervals.
July , 2002 Page 2
Exhibit J
Election of Reciprocal Compensation Option
Pursuant to the election in this Exhibit J of this Agreement, the Parties agree to exchange Local
Traffic, per section 6.
WSP must select either 1. OR 2.
1. The rates applicable to Local Traffic between Qwest and WSP shall be the same as the rates
established in ISP-bound traffic pursuant to Section 6.10.3. Such rate for ISP-bound trafficwill apply to Local Traffic in lieu of End Office Call Termination rates, and Tandem SwitchedTransport rates.
Signature
g:lh f/.
Print Name: S f~I/€,.y
-:; /
l.e r
:::-y
2. Compensation rate for Local Traffic shall be as established by the Commission. The Parties
shall cooperate in establishing a process by which Local Traffic and ISP-bound traffic will beidentified in order to compensate one another at the appropriate rates and in a prompt manner
(See S6.11).
Signature
Print Name:
Following must be populated to ensure accurate billing:
ACNA
ACNA
ACNA
ACNA
When the FCC ordered rate for ISP-bound traffic is applied to Local Traffic, the FCC Ordered ISP
rate is used in lieu of End Office call termination and Tandem Switched Transport rate elements.
Exhibit J July 2, 2002
EXHIBIT L
ADVICE ADOPTION LETTER
Director of Interconnection Compliance
C/O Heidi Higer
Qwest
1801 California , Room 2410
Denver, CO 80202
Re: Qwest Corporation ("Qwest") New Product:
Dear Sir or Madam:
By its signature below
, ("
WSP") hereby
agrees to be bound by the rates , terms and conditions that Qwest has offered for
the New Qwest Product identified above as an amendment to its Interconnection
Agreement with Qwest for the state(s) of
WSP certifies that the rates, terms , and conditions contained on
Attachment A (attached hereto) are the rates, terms and conditions contained on
Qwest's web site that have been provided for the New Product identified above.
WSP
By:
Title:
Date:
Exhibit L July 2, 2002 Page 1
EXHIBIT M
INTERIM ADVICE ADOPTION LETTER
Director of Interconnection Compliance
C/O Heidi Higer
Qwest
1801 California , Room 2410
Denver, CO 80202
Re: Qwest Corporation ("Qwest") New Product:
Dear Sir or Madam:
By its signature below
, ("
WSP") hereby
agrees to be bound by the rates, terms and conditions that Qwest has offered
and provided on its Web Site for the New Qwest Product identified above as an
interim amendment to its Interconnection Agreement with Qwest for the state(s)
WSP certifies that the rates , terms, and conditions contained on
Attachment A (attached hereto) are the rates , terms and conditions that have
been provided for the New Product identified above.
Qwest acknowledges that WSP believes that the rates, terms and
conditions for the Qwest New Product should be altered and that WSP enters
into this Interim Advice Adoption Letter with the express intention to renegotiate
the rates, terms and conditions associated with the Qwest New Product pursuant
to the terms of Section 1.2 of the Agreement. WSP enters into this Interim
Advice Adoption Letter without prejudice to or waiver of any of its rights to
challenge the terms and conditions of this Interim Advice Adoption Letter under
the Interconnection Agreement, the Act, FCC or state Commission rules.
WSP
By:
Title:
Date:
Exhibit M July 2, 2002 Page 1