20031217Application.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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UTILITIES COi'iMISSION
Jim Jones
Robert Ryder dba Radio Paging Service
1275 Shoreline Lane
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
JOINT APPLICATION OF QWEST
CORPORATION AND ROBERT RYDER dba
RADIO PAGING SERVICE FOR APPROV AL
OF THE INTERCONNECTION AGREEMENT
FOR THE STATE OF IDAHO PURSUANT TO
47 US.C. ~252(E)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.
: -
f!/lV t- 7- tl l' j. 1
APPLICATION FOR APPROV AL OF
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Robert Ryder db a Radio Paging Service ("Radio
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.
Radio 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
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-165251.l 0029164-00016
Page 1
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
Radio to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Radio 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 10th day of December, 2003.
Qwest Corporation
~~$/~
Mary S. obson
Stoel Rives LLP, Attorneys for Qwest
and
Jim Jones
Robert Ryder dba Radio Paging Service
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-165251.1 0029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 10th day of December, 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~puc. state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Jim Jones
Robert Ryder dba Radio Paging Service
1275 Shoreline Lane
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~/p
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-165251.l 0029164-00016
Page 3
TYPE 1 and TYPE 2 PAGING CONNECTION
SERVICE AGREEMENT
between
Qwest Corporation
f/k/a QWEST Communications , Inc.
and
Robert Ryder dba Radio Paging Service
State of Idaho
AGREEMENT NUMBER
CDS-031106-0001
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
Table of Contents
RESERVATION OF RIGHTS; CHANGES IN THE LAW ..........................................
SCOPE 0 F AG REE M ENT ......... ..... ................
................. ................ ........................
DEFI N ITIONS
............................. ...... ............................... .........................................
4. P AGI NG TRAFFIC
................"...
"""""""""""""""""""""""""""""""""""""" 12
10.
5. INTERCONNECTION FACILITIES .........................................................................
6. COMPENSATION FOR DELIVERY OF QWEST ORIGINATED TRAFFIC............. 19
SCOPE................................ ...... ..................................,..... .."........ .................,.. 12
TYPES OF TRAFFIC.............................................................................................
RATE STRUCTURE - TYPE 1................................................................................
RATE STRUCTURE - TYPE 2................................................................................ 15
BILLING PARAMETERS .......................................................................................
MISCELLANEOUS CHARGES................................................. ...............................
EQUIPMENT INTERFACE """""""""""""""""""""""""""""""""""................ 17
COOPERATIVE TESTING """""""""""""""""""""""""""""""""""""""........ 17
NEW OR CHANGES TO PAGING CONNECTION SERVICE; FORECASTING .................
MILEAGE MEASUREMENT ...........................................................,....................
METHODS OF INTERCONNECTION ........................................................................
QUALITY OF INTERCONNECTION .....................,................. ................................... 19
UNBUNDLED NETWORK ELEMENT .................................................................... 20
SERVIC E IMP AI RM ENT
"""""""""""""""""""""""""""""""""""""""""""
COLLOCATION ............. """"""""""""""""""""""""""""""""""""................
10. ACCESS TO TELEPHONE NUMBERS .............................................................. 22
10.
11. QWEST DEX ISSU ES """""""""""""""""""""""""""""""""""""""""""'" 23
12.
13.
NUMBER RESOURCES ARRANGEMENTS. .............................................................
TERM OF AGREEM ENT .....................................................................................
PAYMENT ...........................................................................................................
14. MISCELLANEOUS TERMS ................................................................................ 25
14.
14.
14.
14.
14.
14.
GENERAL PROVISIONS .................................................................................... 25
TAXES................................................................................. ..........". ..........".. 26
FORCE MAJEU RE.............................
""""""""""""""""""""""'"
................ 27
LIMITATION OF LIABILITY ................................................................................. 27
INDEMNITY
"""""""""""""""""""""""""""""""""'".....
........................... 28
I NTELLECTUAL PROPERTY ...
........... .....
......................... ....". ........................... 29
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
14.8. WARRANTIES ........................................................".......................................
14.9. ASSIGNMENT ...................................................................................................... 31
14.10. DEFAULT......................................................... ............................................"... 32
14.11. DISCLAIMER OF AGENCY................................................................................... 33
14.12. NONDISCLOSURE...... ......... .............. ...... .................. ......................... ................ 33
14.13. Su RVIV AL......................................................................................................... 35
14.14. DISPUTE RESOLUTION ...... ........ ..
...................................................... ................
14.15. CONTROLLING LAW..
............................... ........ .........
........................................ 36
14.16. JOINT WORK PRODUCT
.............. .......................................................................
14.17. RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION .................................... 36
14.18. NOTICES ......
.............................................. ......................................................
14.19. RESPONSIBILITY OF EACH PARTY .......................... ............................... ............. 37
14.20. No THIRD PARTY BENEFICIARIES ...................................................................... 38
14.21. REFERENCED DOCUMENTS ... .....................
.......................................................
14.22. PUBLICITY ........................................................................................................ 38
14.23. AMENDMENT ....................................................................................................
14.24. EXECUTED IN COUNTERPARTS .......................................................................... 38
14.25. HEADINGS OF No FORCE OR EFFECT ................................................................. 38
14.26. REGULATORY ApPROVAL..................................................................................
14.27. COMPLIANCE....................................................................................................
14.28. COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW ENFORCEMENT ACT
OF 1994 ("CALEA"
) ...................................................................................................
14.29 COOPERATION................................................................................................
14.30. AVAILABILITY OF OTHER AGREEMENTS............................................................ 39
14.31. ENTIRE AGREEMENT """""""""""""""""""""""""""""""""""""""""""'" 40
15.BONA FIDE REQUEST.......................................................................................
16.CONSTRUCTION CHARGES """""""""""""""""""""""""""""""'"............
APPENDIX A - RATES AND CHARGES ................................................................".... 44
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE......................................... 56
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
TYPE 1 and Type 2 PAGING CONNECTION AGREEMENT
This Type 1 and Type 2 Paging Connection Service Agreement is between Robert
Ryder dba Radio Paging Service, an Idaho corporation ("Radio Paging" or "Paging
Provider ) and Owest Corporation , formerly know as US WEST Communications, Inc.
Owest"), a Colorado corporation.
Radio Paging is licensed to provide paging services by the Federal
Communications Commission ("FCC"). Owest and Radio Paging both are engaged in
providing telecommunications and other services and have agreed to connect their
facilities for the purpose of delivering land to pager traffic.
WHEREAS , Radio Paging is a Commercial Mobile Radio Service provider under
the Communications Act of 1934, as amended (the "Act") licensed by the Federal
Communications Commission ("FCC"
WHEREAS, Owest is an incumbent local exchange carrier ("ILEC"
NOW THEREFORE each Party, intending to be legally bound , hereby covenants
and agrees as follows:
RESERVATION OF RIGHTS; CHANGES IN THE LAW
The provisions in this Agreement are intended to be in compliance with
and based on the existing state of the law, rules , regulations and
interpretations thereof, including but not limited to state rules, regulations
and laws, as of April 1 , 2003 (the Existing Rules). Nothing in this
Agreement shall be deemed an admission by Owest or Paging Provider
concerning the interpretation or effect of the Existing Rules or
admission by Owest or Paging Provider that the Existing Rules should not
be changed, vacated, dismissed, stayed or modified. Nothing in this
Agreement shall preclude or estop Owest or Paging Provider from taking
any position in any forum concerning the proper interpretation or effect
the Existing Rules or concerning whether the Existing Rules should be
changed , vacated , dismissed , stayed or modified. To the extent that the
Existing Rules are vacated , dismissed, stayed or materially changed or
modified, then this Agreement shall be amended to reflect such legally
binding modification or change of the Existing Rules. Where the Parties
fail to agree upon such an amendment within sixty (60) Days after
notification from a Party seeking amendment due to a modification or
change of the Existing Rules or if any time during such sixty (60) Day
period the Parties shall have ceased to negotiate such new terms for a
continuous period of fifteen (15) Days, it shall be resolved in accordance
with the Dispute Resolution provision of this Agreement. It is expressly
understood that this Agreement will be corrected , or if requested by
Paging Provider, amended as set forth in this section , to reflect the
outcome of generic proceedings by the Commission for pricing, service
standards, or other matters covered by this Agreement. Any amendment
shall be deemed effective on the effective date of the legally binding
November 4, 2003/jld/RadioPaging - 10
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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 , the Parties shall continue to perform their obligations in
accordance with the terms and conditions of this Agreement. For
purposes of this section
, "
Iegally 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.
In addition to, but not in limitation Section 1.1. above, nothing
in this Agreement shall be deemed an admission by Owest 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 Owest 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 ormodffied.
SCOPE OF AGREEMENT
This Agreement covers Type 1 and Type 2 Paging Connection Service
which consists only of those one-way, intraLATAlintrastate, land-to-pager
trunks, which deliver calls from Owest's End Users to Paging Provider
POCo Upon Commission approval of this Agreement, Owest shall provide
these trunks to itself within the local calling area, without charge to the
Paging Provider, except for the portion of facility charges for the delivery
third party traffic. These trunks shall receive all incoming paging calls at
Owest's Local Tandem, LATA Tandem, or Wire Center/End Office serving
the geographic area in which Paging Provider s POC is located and shall
deliver paging traffic to Paging Provider s POC(s). This Agreement
includes all accompanying appendices and attachments.
Facilities for Delivery of Third Party Traffic
Owest will deliver calls it receives for Paging Provider
from a third party carrier to Paging Provider s pac over
the same facilities and trunks used to deliver Owest's
End User originated paging traffic.
Paging Provider will be charged the rates listed on
Appendix A for that portion of the facilities used to
November 4, 2003/jld/RadioPaging - 10
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2.4
deliver Third Party Traffic.
Facilities for Delivery of Enhanced Services Traffic
This Agreement recognizes the unique status of traffic delivered
to enhanced service providers. For purposes of this Agreement
Enhanced Services traffic such as voice-mail is not
Compensable Traffic. Additionally, traffic originated by one Party,
and delivered to the other Party, which in turn delivers the traffic
to an Internet Service Provider (a) shall be deemed interstate in
nature , (b) shall not qualify as Compensable Traffic under this
Agreement , and (c) Owest shall not be obligated to deliver such
traffic to Paging Provider under this Agreement.
In the performance of their obligations under this Agreement, the Parties
shall act in good faith and consistently with the intent of the Act. Where
notice, approval or similar action by a Party is permitted or required by any
provision of this Agreement, (including, without limit, the obligation of the
Parties to further negotiate the resolution of new or open issues under this
Agreement) such action shall not be unreasonably delayed, withheld or
conditioned.
Because Type 1 and Type 2 Paging Connection Service is provided by
Owest to Owest, all orders for Type 1 and Type 2 Paging Connection
Service are placed by Owest at its sole discretion. Paging Provider is not
authorized and shall not attempt to place orders to any telecommunications
carrier for or on behalf of Owest. Paging Provider agrees to pay Owest for
all telecommunications services it orders or requests on its own behalf from
Owest pursuant to applicable federal and state tariffs or separate written
agreements.
Owest will not permit its own End Users to use Type 1 Paging Connection
Service to deliver traffic to Paging Provider Enhanced Services
operations, if any, where such Enhanced Services operations constitute
Paging Provider s primary business. Paging Provider shall not assign
numbers associated with Type 1 or Type 2 Paging Connection Service to
its Enhanced Services operation that constitute a primary business.
This Agreement does not cover delivery of traffic from Paging Provider
network to Owest's network. Should Paging Provider desire to deliver
traffic to Owest, the Parties shall negotiate in good faith a separate
agreement for two way traffic exchange. However, such an agreement
shall not supersede, amend or terminate this Agreement without the
Parties' express written instruction.
Delivery of Paging Traffic
1. Owest's Type 1 and Type 2 Paging Connection Service delivers
paging traffic to the Paging Provider s POC(s) as identified in
Appendix B.
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2. Pursuant to joint planning as specified in the Forecasting section
this Agreement, Qwest alone shall determine all aspects and
elements of the Type 1 and Type 2 Paging Connection Service
facilities that it provides itself, including, but not limited to, design
location quantities, distance etc. Qwest shall base this
determination on the minimum requirements specified by the Act
the FCC rules, as well technical and economic efficiency
considerations , e., network requirements. Qwest shall monitor its
usage on Type 1 and Type 2 Paging Connection Service and will
reconfigure trunk groups as it deems necessary. Qwest reserves
the right to review, revise or modify its Type 1 and Type 2 Paging
Connection Service at any time for any lawful business reason. All
circuits and equipment provided by Qwest will always be wholly
owned and operated by Qwest. Qwest agrees to establish and
maintain facilities based on appropriate industry standards.
3. Notwithstanding the other provisions of this Agreement, Qwest
agrees that it will not modify or revise existing facilities used to
provide its Paging Connection Service for a period of ninety (90)
days from the Effective Date of this Agreement.
6.4. Paging Provider s and Qwest's equipment and systems will be
compatible, and will be consistent with normally accepted industry
standards as defined in Telcordia Technical Reference GR-145-
CORE entitled "Compatibility Information for Interconnection of
Wireless Services Provider and a Local Exchange Carrier Network"
6.4.Paging Provider will provide a voice intercept
announcement or distinctive signals to the calling party
when a call is directed to a number that is not assigned.
6.4.When Qwest is not able to complete calls because
malfunction Qwest will provide proper voice
announcement or distinctive signals to the calling party
advising that the call cannot be completed.
6.4.Paging Provider and Qwest will provide supervisory
tones or voice announcements to the calling party on all
calls, consistent with standard industry practices.
6.4.4 Paging Provider shall provide a sufficient quantity
equipment ports to accommodate the number of trunks
provided by Qwest.
Type 1 and Type 2 Paging Connection Service shall be provided
upon Commission approval of this Agreement. Type 1 and Type 2
Paging Connection Service will be built in accordance with the
specifications set forth in Telcordia GR-145-CORE.
November 4, 2003/jld/RadioPaging - 10
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Type 1 Paging Connection Service
1 Subject to Section 2., Paging Provider may
designate new or additional POCs anywhere within the
LATA.
1 Billing Demarcation Point:
1 The Billing Demarcation Point
between Qwest's and Paging
Provider s networks shall be
located within the LATA at either
(i) 37.5 airline miles (60 miles in
Washington) from the Qwest
Serving Wire Center of the Paging
Provider s Point of Connection
where the facility is connected
when such Serving Wire Center is
located within the LATA and more
than 37.5 airline miles from the
Qwest End Office that houses the
DID numbers, or (ii) at the Qwest
Serving Wire Center of Paging
Provider s Point of Connection
when such Serving Wire Center is
located within the LATA and less
than 37.5 airline miles from the
Qwest End Office that houses the
DID numbers. Paging Provider is
only responsible for recurring
charges for Exempt Traffic
between the Billing Demarcation
Point and Paging Provider s Point
of Connection. Such charges will
be assessed pursuant to Appendix
, Section II.
When the Billing Demarcation
Point is established at the 37.
mile mark as described in
1 (i) above, the Paging
Provider shall pay only the
recurring mileage based rates for
the portion of the facility from the
Billing Demarcation Point to the
Qwest End Office that houses the
DID numbers. Paging Provider
shall not pay any portion of port
charges, or other costs associated
with such facilities. Such mileage
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
charges will be assessed pursuant
to Appendix A, Section II.
If Paging Provider has any full
NXX codes deployed using a Type
1 connection, Paging Provider will
take reasonable steps to convert
these to a Type 2 connection
within a reasonable period of time
after the Approval Date hereof.
Paging Provider may utilize DID numbers located in a
Owest Wire Center/End Office within the EAS/Local
Calling Area of the Paging Provider s POCo In cases
where facilities extend beyond the EAS/Local Calling
Area, Paging Provider must pay Owest for Dedicated
Transport pursuant to the applicable Owest tariff from
the Owest Wire Center/End Office where the DID
numbers reside to the Owest Wire Center/End Office
serving the Paging Provider s P~C. Such service is not
included in the Type 1 Paging Connection Service which
Owest provides itself and is beyond the scope of this
Agreement.
Type 2 Paging Connection Service
Within a LATA, Paging Provider may designate multiple
POCs at which it wishes to receive paging traffic from
Owest. Each such POC shall receive traffic from the
Owest Local Tandem, LATA Tandem , or Wire
Center/End Offices serving the geographic area in which
the POC is located. Type 2 Paging Connection Service
shall never extend beyond the boundaries of the
geographic area of Owest's Wire Center/End
Office/Tandem serving Paging Provider s POCo Owest
shall not be responsible for providing, maintaining or
paying for facilities used to connect Paging Provider
POC(s) to Paging Provider s equipment or network.
8. This Agreement is only for the delivery of land-to-pager traffic from
Owest to Paging Provider s P~C and is not an undertaking
either Party to provide the services of the other.
9. Any proposed post-installation changes of systems, operations or
November 4, 2003/jld/RadioPaging - 10
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services which would materially affect the other Party s system,
operation or services must be coordinated with the other Party by
giving as much advance notice as is reasonable, and in no event in
less than ninety (90) days, of the nature of the changes and when
they will occur.
1 Non recurring charges incurred due to Paging Provider
relocation or equipment change will be paid in advance by
Paging Provider to Qwest.
10. If the authorized service areas of Qwest or Paging Provider change
the Parties agree to negotiate any necessary modifications to this
Agreement in good faith.
DEFINITIONS
3.4.
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 Courts,
FCC or competent regulatory bodies.
Billing Demarcation Point" ("BOP") shall be the specified point on an
interconnection facility where financial responsibility for the facility shifts
from one party to this Agreement to the other party to this Agreement as
contemplated by Section 2.6.4. There need be no physical demarcation
of the Billing Demarcation Point.
Calling Party Number" or "CPN" is a Common Channel Signaling
CCS") parameter which refers to the number transmitted through a
network identifying the calling party. Reference Telcordia Technical Pub.
77342.
Central Office Switch" means switch used to provide
telecommunications services, and includes End Office Switches and
Tandem Office Switches.
3.4.1. "End Office Switches" which are used to terminate customer
station loops for the purpose of interconnecting to each other and
to trunks; and
3.4.2. "Tandem Office Switches" are switches that are used to connect
and switch trunk circuits between and among other End Office
Switches. Access Tandems ("Access Tandems ) exchange
access traffic Toll Tandems ("Toll Tandems exchange
intra LATA toll traffic and Local Tandems exchange EAS/Local
traffic.
Collocation" is an arrangement where space is provided in a Qwest
Central Office for the placement of (Paging-providerrs transmission
November 4, 2003/jld/RadioPaging - 10
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equipment to be used for the purpose of Interconnection with Qwest
Unbundled Network Elements or local Interconnection Service. Qwest
offers four Collocation arrangements: Virtual Collocation , Physical
Collocation Cageless Physical Collocation and Interconnection
Distribution Frame (ICDF) Collocation.
Commercial Mobile Radio Service
" ("
CMRS") is a mobile service that is:
(a)(1) provided for profit; (2) an interconnected service; and (3) available
to the public, or to such classes of eligible users as to be effectively
available to a substantial portion of the public; or (b) the functional
equivalent of such a mobile service described in (a) above.
Commission" means the state regulatory agency with lawful jurisdiction
over telecommunications.
Common Channel Signaling" or "CCS" means a method of digitally
transmitting call set-up and network control data over a special signaling
network fully separate from the public voice switched network elements
that carry the actual call. The CCS protocol used by the Parties shall be
Signaling System 7.
Compensable Traffic" means the portion of all traffic delivered by Qwest
to Paging Provider upon which terminating compensation is to be paid, if
any, as set forth in Appendix A.
10. "Dial Tone Office" means the Qwest Central Office in which the DID
numbers assigned to the Paging Provider are housed, which may be
different than the Serving Wire Center.
11. "Digital Signal level" means one of several transmission rates in the time
division traffic aggregation hierarchy.
11.1. "Digital Signal level 0" or "DSO" is the 64 KBPS worldwide
standard speed for digitizing one voice conversation using pulse
code modulation. There are 24 DSO channels in a DS1.
11.2. "Digital Signal level 1" or "DS1" means the 1.544 MBPS first-level
signal in the time-division traffic aggregation hierarchy. In the
time-division traffic aggregation hierarchy of the telephone
network, DS1 is the initial level of traffic aggregation.
11.3. "Digital Signal level 3" or "DS3" means the 44.736 MBPS third-
level signal in the time-division traffic aggregation hierarchy. In
the time-division traffic aggregation hierarchy of the telephone
network, DS3 is defined as the third-level of traffic aggregation.
12. "End User(s)" means a third-party (residence or business) that subscribes
to Telecommunications Services provided by either of the Parties.
13. "Enhanced Services" are services offered over common Paging Provider
November 4, 2003/jld/RadioPaging - 10
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transmission facilities used in communications , which employ computer
processing applications that act on the format, content, code, protocol or
similar aspects of the subscriber s transmitted information; provide the
subscriber additional, different or restructured information; or involve
subscriber interaction with stored information. Enhanced Services
includes , but is not limited to , internet traffic and voicemail.
14. "FCC" means the Federal Communications Commission and any
successor federal agency that performs the same or substantially the
same regulatory functions.
15. "Interexchange Carrier" or "IXC" means a carrier that provides, directly or
indirectly, interLATA or intra LATA Telephone Toll Services.
16. "lnterLA T A" is telecommunications between a point located in a LATA
and a point located outside such LATA.
17. "lntraLATA" is telecommunications between two points located within a
single LATA.
18. "lntraLATA Toll" is defined in accordance with Owest's IntraLATA toll
serving areas, as determined by the state Commission.
19. "LATA Tandem" will have the same meaning as "Toll Tandem" in the
context of this Agreement.
3.20. "Local Access and Transport Area (LATA)" means a contiguous
geographic area: (a) established before the date of enactment of the
Telecommunications Act of 1996 by a Bell operating company such that
no exchange area includes points within more than one metropolitan
statistical area , consolidated metropolitan statistical area, or State, exceptas expressly permitted under the AT&T Consent Decree; or (b)
established or modified by a Bell operating company after such date of
enactment and approved by the FCC
21. "Local Calling Area" or "LCA" is a geographic area defined either by the
MTA or the Owest Extended Area Service (EAS) boundaries.
21.1. "MT A/Local" means the geographic area defined by the MT A
within which Paging Provider provides CMRS services. Traffic
excluded from MT A/Local includes roaming traffic, as defined in
the FCC First Report and Order 96-325 47CFR 51701 (b) (2), and
Switched Access traffic.
21.2. "Extended Area Service (EAS)/Local Traffic means the
geographic area defined by the EAS boundaries as determined by
the Commission and defined in Owest's Local and/or General
Exchange Service Tariff within which LEC customers may
complete a land line call without incurring toll charges. Traffic
rated and routed within the same EAS boundary is considered to
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
be EAS/Local for purposes of this Agreement.
22. "Local Tandem" is a Qwest switching system that switches calls to and
from end offices within the state Commission defined wireline Local
Calling Area for call completion.
23. "MT A" or Major Trading Area" is a geographic area established in Rand
McNally s Commercial Atlas and Marketing Guide, as modified and used
by the FCC in defining CMRS license boundaries for CMRS providers for
purposes of Sections 251 and 252 of the Act.
24. "Network Access Channel" or "NAC" means the dedicated facility
between the Paging Provider s P~C and the Qwest Serving Wire Center.
Channel is a DSO level connection and Channel Facility is either a DS1 or
DS3 level connection. NAC is also commonly referred to as an Entrance
Facility.
25. "Non-Local" is traffic that is interMTA, roaming, and/or Switched Access
traffic. For traffic delivered to Paging Provider, Non-Local includes all
traffic carried by an IXC , traffic destined for Paging Provider s subscribers
that are roaming in a different MT A, and all InterMT AIlntraLA T A traffic.
3.26. "North American Numbering Plan" or "NANP" means the numbering plan
used in the United States that also serves Canada, Bermuda, Puerto
Rico and certain Caribbean Islands. The NANP format is a 10-digit
number that consists of a 3-digit NPA code (commonly referred to as the
area code), followed by a 3-digit NXX code and 4-digit line number.
27. "NXX" means the fourth , fifth and sixth digits of a ten-digit telephone
number, and designates a Central Office Code
28. "Order" means any order, writ, injunction , decree, stipulation, decision , or
award entered or rendered by the Commission or the FCC.
29. "Party" means either Qwest or Paging Provider and "Parties" means
Qwest and Paging Provider.
30. "Point of Connection" or "p~c" is the connection point(s) between Paging
Provider and Qwest; the technical interface(s), test point(s) and point(s)
for operational division of responsibility. Paging Provider must have at
least one physical pac in each LATA, and within Qwest serving territory,
where Paging Provider provides CMRS service. Additional pac's may
be established as described in Section 5 of this Agreement.
31. "Rate Center" means the specific geographic point (the "Rating Point"
and corresponding geographic area that are associated with one or more
particular NPA-NXX codes that have been assigned to a
telecommunications carrier. The geographic point is identified by a
specific vertical and horizontal ("V & H") coordinate that is used , in
conjunction with the V & H coordinate of other rate centers, by Qwest to
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calculate distance-sensitive rates for End User traffic.
32. "Serving Wire Center" (SWC) denotes the Owest office from which dial
tone for local exchange service will , absent special arrangements , be
provided to Owest End Users.
Signaling Transfer Point" or "STP" means a signaling point that performs
message routing functions and provides information for the routing
messages between signaling end points. An STP transmits , receives and
processes Common Channel Signaling ("CCS") messages.
34. "Switched Access Traffic or InterLATA Toll Traffic" as specifically defined
in Owest's state and interstate switched access tariffs , enters the Owest
network at the IXC point of presence, and is delivered to the Paging
Provider s paging terminal.
35. "Tariff' as used throughout this Agreement refers to Owest interstate
tariffs and state tariffs, price lists, price schedules and catalog, as listed
on the website http//tariffs.uswestcom/", and service agreements, as
further identified in Appendix A.
36. "Telecommunications Services means the offering
telecommunications for a fee directly to the public, or to such classes
users as to be effectively available directly to the public, regardless of the
facilities used.
37. "Third Party Traffic" means both Transit Traffic and Non-Local Traffic.
Traffic Type" is the characterization of traffic as "local" (local includes
EAS), "toll" traffic outside of the incumbent local exchange carrier s Local
Calling Area established by the applicable tariffs, or Transit Traffic as
defined below.
39. "Transit Traffic" is traffic that originates with a telecommunications carrier
other than Owest that transits Owest's network and is delivered to the
Paging Provider s POCo The sending and receiving parties are not End
Users of Owest, the transiting tandem telecommunications carrier.
3.40. "Trunk Group" is a set of trunks of common routing origin and destination
and which serve a like purpose or function.
3.41. "V and H Coordinate" means vertical and horizontal geographical cross
points on a map used to determine distance.
3.42. "Wire Center" denotes a building or space within a building, that serves
as an aggregation point on a given Paging Provider s network, where
transmission facilities are connected or switched. Wire Center can also
denote a building where one or more central offices, used for the
provision of Basic Exchange Telecommunications Services and access
services, are located. A Serving Wire Center typically serves a specific
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geographic area.
3.43. "Wireless Service Request" or "WSR" means the standard forms and
supporting documentation used for requesting Wireless Services. The
WSR will be used to request trunking and facilities between Paging
Provider and Qwest for Wireless Interconnection Service.
3.44. Terms not otherwise defined here, but defined in the Act or in regulations
implementing the Act, shall have the meaning defined there.
PAGING TRAFFIC
Scope
1. Traffic exchange covered by this Agreement is for one-way
paging service only. Other services are covered by separate
contract, tariff or price lists.
2. Type 1 Paging Service is a one-way final route trunk group
between Qwest's Serving Wire Center , or in some circumstances
the Dial Tone Office, and Paging Providers' POC(s).
Qwest provides the following: the transmission medium;
signaling and supervision. Maintenance and restoral are
provided as detailed in the applicable sections of the
state tariffs. Restoral is subject to the terms of the
Telecommunications Service Priority System (TSP) for
National Security and Emergency Preparedness
Telecommunication (FCC #1 , Section 10.1 D).
3. Type 2 Service is a one-way intraLA T A/intrastate final route Trunk
Group between Qwest's Local and LATAlToll Tandems (Type 2A)
and End Office Switches (Type 28) and a Paging Provider s Point
of Connection (PaC). Each Type 2 Paging Service arrangement
requires connection to both the Qwest Local and LATAlToll
Tandems which serve the Rate Center assigned to the Paging
Provider s NNX. Additionally, when traffic volumes to an end
office reach 512 centum call seconds (ccs), a Type 28 high use
trunk group will be required to that end office. When a Local
Tandem is not available to provide Type 2A Local trunks , a Type
28 Full Group connection to each End Office within the EAS/Local
Calling Area is required Qwest and Paging Provider shall utilize
out of band signaling where technically feasible for both Parties.
Type 2A and 28 Services are defined in the following paragraphs.
1. Type 2A Paging Service is a one-way intraLA T A final
route trunk group between Qwest's Local and LATAlToll
Tandem switches and Paging Providers' POC(s).
1. The Type 2A Local Service connects
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3.2.
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Qwest Local Tandem to a Paging Provider
pac and delivers traffic from NXXs served by
the end offices subtending the Local Tandem
to the Paging Provider.
The Type 2A LATA/Toll Tandem Service
connects Qwest LATA/Toll Tandem to
Paging Provider s POC, and delivers traffic
from the subtending End Offices to the Toll
Tandem.
Wireless Type 28 High Use Service
The Type 28 High Use Service is a direct, one-way trunk
group connection between Paging Provider s POC and a
Qwest end office, within the same LATA, with overflow
traffic routed over an associated Type 2A trunk group to
the Qwest designated local tandem. Type 28 High Use
service is only available in conjunction with an
associated Type 2A service and is offered only where
facilities and operating conditions permit.
Pursuant to joint planning as specified in the
Forecasting section of this Agreement, Qwest
will require a Type 28 dedicated (Le., direct)
one-way Primary High Use trunk group from
the Paging Provider POC directly to the
Qwest end office. Type 28 High Use Service
is based on forecasted or actual traffic at
Paging Provider s busy hour in centum call
seconds (ccs), where there is a DS1 's worth
of traffic (512 ccs) between Paging Providerpac and a Qwest end office. During peak
busy hours, an associated Type 2A local
trunk group accepts overflow traffic from the
28 High Use group.
Wireless Type 28 Full Group Service
The Type 2B Full Group Service is a direct, one-way
trunk group connection between Paging Provider
pac and a Qwest End Office, within the same LATA.
Each 28 Full Group serves only the individual End
Office and not the entire EAS/Local Calling Area.
There is no overflow capability to an alternative trunk
group on a Type 28 direct final full trunk group
configuration. Only telephone numbers associated
with the Qwest End Office and the Paging Provider
POC are accessible from this trunk group.
1. A Type 28 Full Group connection is required
to each End Office in the EAS/Local Calling
Area when a Owest Local Tandem is not
available. These connections are in addition
to the connection to the Owest Toll/LATA
Tandem which serves the Rate Center
assigned to the Paging Provider s NNX.
Types of Traffic
1. The traffic types Owest will deliver to Paging Provider under this
Agreement include:
1. EAS/Local as defined in this Agreement.
2. IntraLATA Toll as defined in this Agreement.
3. Transit Traffic as defined in this Agreement
1.4. Non-Local traffic as defined in this Agreement.
Rate Structure - Type 1
The Paging Provider will be billed standard recurring and non-recurring
rates for the portion of the Owest facilities used to deliver Third Party
Traffic, pursuant to the percentages and rates specified in Appendix A.
1. Connection from Serving Wire Center
Applicable rate elements for digital service include channel and
channel facility, connectivity and dial outpulsing. Applicable rate
elements for analog service include channel, connectivity and dial
outpulsing. See Billing Parameters for further definitions. The
digital option is available only where Qwest facilities exist, or
where the Paging Provider agrees to pay Special Construction to
build necessary facilities.
2. Connection to Distant Dial Tone Office
Dedicated Transport
Applicable rate elements include dedicated transport and
channel performance. When the Serving Wire Center is
not the Dial Tone Office, Dedicated Transport is the
transmission path for the switched traffic from Owest's
Foreign Central Office to Owest's Serving Wire Center.
The digital option is available only where Qwest facilities
exist, or where the Paging Provider agrees to pay
Special Construction to build necessary facilities.
2. Traffic Aggregation
Traffic aggregation options are available.
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Rate Structure - Type 2
The Paging Provider will be billed recurring and non-recurring rates for the
portion of the Owest facilities used to deliver Third Party Traffic, pursuant to
the percentages and rates specified in Appendix A.
4.4.1. Connection from Serving Wire Center
Applicable rate elements include channel and channel facility. See
Billing Parameters for further definitions.
4.4.2. Connection to Tandem or End Office
4.4.Dedicated Transport
When the Serving Wire Center of Paging Provider
POC is not collocated with the Local and LATA/Toll
Tandems (for 2A Paging Service) or the End Office (for
2B Paging Service), Dedicated Transport rate elements
will apply.
4.4.2. Traffic Aggregation
Traffic aggregation options are available.
Billing Parameters
Channel - DSO level. Connection to Paging Provider s Point
Connection from the Serving Wire Center. Non-recurring charges
and monthly rates apply to two-wire analog and four-wire analog.
Non-recurring charges apply to four-wire digital. Monthly charges
do not apply to four-wire digital.
Channel Facility (for digital service) - DS1 level. Twenty-four
digital voice grade channels can be transmitted over one DS1facility. A full DS1 is necessary for the addition of voice grade
channels even if ordered in increments of less than 24. The
transmission rate is 1.544 Mbps. Non-recurring charges and
monthly rates apply.
Channel Facility (for digital service) - DS3 level. Twenty-eight
DS1s, including their associated digital voice grade channels, can
be transmitted over one DS3 facility. When using a DS3 traffic
aggregation level , a full DS3 is necessary for the addition of DS1s
even if ordered in increments of less than 28. The facility
transmission rate is 44.736 Mpbs. Non-recurring charges and
,monthly rates apply.
5.4. Channel Performance. Conditioning to extend signaling on a two-
wire analog channel when there is dedicated transport.
5. Dedicated Transport.
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1. With Type 1 Service , when the Serving Wire Center is
not the Dial Tone Office, Dedicated Transport is the
transmission path for the switched traffic from Owest's
distant Central Office. to Owest's Serving Wire Center.
With Type 2 Service, if the Serving Wire Center is not
the Owest Local or LATAlToll Tandem, or the Type2BEnd Office dedicated transport extends the
channels/channel facility from the tandem/end office
the Serving Wire Center. The interoffice facilities can be
at a DSO , DS1 or DS3 level. Dedicated transport has
non-recurring charges and monthly charges on a fixed
basis, and monthly charges on a per mile basis.
6. Traffic Aggregation.
Traffic aggregation performed at a Owest End Office enables a
DS1 Channel Facility or DS1 Dedicated Transport to be
connected to a DSO Dedicated Transport System. A DS3
Channel Facility or DS3 Dedicated Transport will be multiplexed
down to a DS1 level in order to connect with the digital switch.
7. DID Numbers
DID numbers are billed a non-recurring charge pursuant to the
applicable Tariff.
Miscellaneous Charges
The following charges/procedures found in Section 2, 5, or 12 of the
State Access Tariff are applicable to Type 1 and Type 2 Paging
Connection Services and will be charged at 100% of the current Tariff
rate. OS 1 and DS3 level service will follow charges/procedures in the
Private Line Tariff; DSO level service will follow charges/procedures in the
Switched Access tariff.
Due Date Change
Design Change Charge
Additional Engineering
Overtime Installation
Additional Labor Standby
Additional Labor Testing and Maintenance
Maintenance of Service
Additional Cooperative Testing
Automatic Scheduled Testing
Cooperative Scheduled Testing
Manual Scheduled Testing
Nonscheduled Testing
Nonscheduled Cooperative Testing
Nonscheduled Manual Testing
Credit Allowance for Service Interruption (Switch Access)
Deposits, Advance Payments
Cancellation of Service Order, Cancellation after 30 days
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Expedited Order Charge
late Payment Charge
Equipment Interface
It is the Paging Provider s responsibility to advise Qwest of the equipment
interface to be used at Paging Provider s P~C. The technical requirements
for the equipment interface must be selected from those specified in
Appendix B. Available equipment interfaces specified in Appendix Bare
defined in Telcordia Reference Documents GR-145 - CORE & BR-795-
403-100.
Cooperative Testing
During installation , integrity testing, and ongoing maintenance activities, the
Parties will cooperate to ensure the integrity of the connection. Qwest and
Paging Provider will each do such maintenance testing and inspection of
their own equipment as may be necessary.
New or Changes to Paging Connection Service; Forecasting
1. Paging Provider may submit a request for Type 1 or Type 2
Paging Connection Service. When requesting Type 1 or Type 2
Paging Connection Service, Paging Provider shall specify on the
Wireless Service Request: 1) the type and number of channels
and channel facilities; 2) the Common language location
Identifier (ClL!) codes associated with the P~C and the Qwest
Tandem or End Office; 3) and when applicable, the Wire Center
where the traffic aggregation is performed.
2. Qwest will evaluate the request in accordance with Section 2.
of this Agreement. Qwest shall advise Paging Provider of the
analysis of the request. The analysis shall specify Qwest'
conclusions as to whether or not the service request shall be
provisioned as requested.
3. Forecasting
Either Party shall, at the request of the other Party,
participate in joint planning sessions at quarterly intervals.
The Paging Provider shall complete the appropriate P~C
Forecast Form(s) attached as Appendix B , for each POC
and for each different equipment interface within each
POCo Although Paging Provider is required to complete a
POC Forecast form(s), such forecasts are not deemed to
be orders for or reservation of Qwest telecommunications
services. Qwest may use Paging Provider s forecasts and
any other sources of data which Qwest independently
selects and obtains to help determine the design and
configuration of Type 1 and Type 2 Paging Connection
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Service. Information included in the P~C forecast form is
for Qwest's planning purposes only. Paging Provider
must complete the first P~C Forecast form(s) prior to
execution of this Agreement. Thereafter, Paging Provider
must complete and send Qwest updated P~C Forecast
form(s) quarterly. If Qwest does not receive an updated
form with a new forecast each quarter, then Qwest will rely
on the last form received.
Paging Provider shall submit to Qwest a description
anticipated major network projects that could affect
Qwest; at a minimum, the Paging Provider will provide at
least ninety (90) days advance written notice of the nature
of the changes and when the change(s) will occur. Major
network projects include: shifts in anticipated traffic
patterns or other activities that would result in a significant
increase or decrease in traffic. These projects shall also
include, but are not limited to, issues of equipment types
and network capacity, usage, and location. Paging
Provider shall attach the above information to the updated
P~C Forecast form(s) as appropriate.
10. Mileage Measurement
10.Where required , the mileage measurement for Type
dedicated transport is measured from the V&H coordinates
the Qwest Dial Tone Office to the V&H of the Qwest Serving
Wire Center.
10.Where required, the mileage measurement for Type 2 Service
facilities and trunks is measured from the V&H coordinates
the Qwest Local or LATAlTolI Tandem or End Office to the
V&H coordinates of the Qwest Serving Wire Center.
INTERCONNECTION FACILITIES
Methods of Interconnection
The location of the P~C will determine the method of interconnection.
The following arrangements for interconnection are available: (1)
Network Access Channel; (2) Collocation; (3) Mid-Span Meet facilities.
1. Network Access Channel
A NAC facility extends from the Serving Wire Center
Qwest to the Paging Provider s P~C location. NAC
facilities may not extend beyond the area served by
Qwest's Serving Wire Center. A NAC must always be
provisioned with Type 1 and Type 2 Service for
connection, identification, and billing purposes.
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2. The digital option for NAC is available only where
technically feasible or where Paging Provider agrees to
pay Construction Charges to build necessary facilities.
2. Mid-Span Meet POI
A Mid-Span Meet POI is a negotiated point of connection , limited
to the joining of facilities between Owest's switch and the Paging
Provider's paging terminal. Mid-Span Meet POI may
accomplished by the Parties through the negotiation of a separate
Agreement. The actual physical point of connection and facilities
used will be subject to negotiations between the Parties. Each
Party will be responsible for its portion of the build to the Mid-Span
Meet POI.
3. Collocation
Interconnection may be accomplished through the Collocation
arrangements offered by Owest. The terms and conditions under
which Collocation will be offered are described in the Collocation
section of this Agreement.
Quality of Interconnection
Owest will provision Paging Connection Service facilities in accordance
with current industry standards.
COMPENSATION FOR DELIVERY OF QWEST ORIGINATED TRAFFIC
Owest will pay Paging Provider for the transport and termination
Compensable Traffic as set forth in Appendix A.
The compensation to Paging Provider will be based on an
assumed 6 000 minutes of use ("MOUs ) per trunk per billing
period. Either Party may adjust the MOUs one time during the
term of this Agreement based on the average of three
consecutive months of actual data. If the Parties do not agree on
the adjusted MOUs, the provisions of the Dispute Resolution
section shall apply. Total paging messages shall be converted to
MOUs as follows: 1) the number of messages will be aggregated
at the end of the billing period by trunk group, 2) the aggregated
number of messages will be multiplied by the average hold time in
seconds and divided by 60 (to convert to minutes) and 3) the
result rounded to the nearest whole minute. In the absence
actual hold time data, it will be assumed that average hold time
per paging message is 20 seconds.
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1.2 If the traffic data indicates an under utilization of the installed
trunks , Qwest may reduce the number of trunks assigned to
Paging Provider.
Paging Provider will issue a direct bill to Qwest for the transport and
termination of Compensable Traffic based on the sample invoice in
Appendix C. This sample invoice shall also display any additional
requirements agreed upon by both Parties.
The Parties will exchange billing contacts and telephone numbers.
The invoices will include identification of the monthly bill period
which will be the first through the last day of the prior calendar
month.
Paging Provider will bill Qwest by state.
2.4 Paging Provider will assign an Invoice Number and/or Billing
Account Number.
Paging Provider will provide a Remittance Document including:
remittance address , Invoice Number and/or Billing Account
Number, amount due and Payment Due Date (at least thirty (30)
days from invoice issuance date).
6.2.The rendered bill will include a summary of charges and total
amounts due.
Charges incurred during the bill period will be reflected on the next
bill. Minute of use ("MOU") rates will be displayed for all charges.
Invoice will include all adjustments , credits, debits and payments.
Invoice will include all applicable taxes and surcharges. Paging
Provider will calculate , bill , collect and remit applicable taxes and
surcharges to the appropriate authorities.
10 Paging Provider s invoices to Qwest will be provided on paper,
unless a mechanized format is mutually agreed upon.
Billing disputes will be resolved through the Dispute Resolution provisions
of this Agreement.
UNBUNDLED NETWORK ELEMENT
Should the Parties desire to establish Unbundled Network Elements (UNES), the
Parties will enter into an amendment to this Agreement.
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SERVICE IMPAIRMENT
8.4.
The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services facilities or
equipment of the other Party shall not: 1) interfere with or impair service
over any facilities of the other Party; its affiliated companies, or its
connecting and concurring carriers involved in its services; 2) cause
damage to their plant; 3) violate any applicable law or regulation regarding
the invasion of privacy of any communications carried over the Party'
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 . Each Party shall use its best efforts to isolate a
trouble condition(s) to the other s facilities before reporting trouble to the
other Party.
If either Party causes an impairment of service, as set forth in this Section
the Party (the "Impaired Party") shall promptly notify the Party causing the
impairment of service (the "Impairing Party of the nature and location
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 tempor.arily discontinue
use of the affected circuit, facility or equipment.
When a Party reports trouble to the other Party, and no trouble is found in
the other Party s equipment, the reporting Party will be responsible for
payment of service maintenance charges as specified in Owest's Intrastate
Switched Access Tariff or state-specific pricing catalogue, as appropriate
for the period of time from when the other Party s personnel are dispatched
to when the work is completed. Failure of the Other Party s personnel to
find trouble in its service will not result in a charge if the trouble is actually
in that service, but not discovered at that time.
No out-of-service credit will apply for the interruption involved if the
service maintenance charge applies as a result of the trouble not being in
Owest's equipment , but is, in fact, a result of a failure in the equipment or
service of Paging Provider.
To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Party shall
designate a Trouble Reporting Control Office (TRCO) and a toll free
telephone number for such service.
Owest's TRCO number is ( 800 ) 784-3414
Paging Provider s TRCO number is
This number shall give access to the location where facility records
are normally located and where current status reports on any
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trouble reports are readily available.
Where new facilities , services and arrangements are installed , the TRCO
shall ensure that continuity exists and take appropriate transmission
measurements before advising the other Party that the new circuit is
ready for service.
Each Party shall use its best efforts to isolate a trouble condition(s) to the
other s facilities before reporting trouble to the other Party.
COLLOCATION
Should the Parties desire to establish a Collocation relationship, through either
physical or virtual Collocation, the Parties will enter into an amendment to this
Agreement.
10.ACCESS TO TELEPHONE NUMBERS
10.Number Resources Arrangements.
10.
10.
10.
10.1.4.
Nothing in this Agreement shall be construed in any manner to
limit or otherwise adversely impact either Party s right to the
request and assignment of any NANP number resources
including, but not limited to, central office (NXX) codes
pursuant to the Central Office Code Assignment Guidelines
published by the Industry Numbering Committee ("INC") as
INC 95-0407-008, formerly ICCF 93-0729-010). The latest
version of the Guidelines will be considered the current
standard.
Each Party shall be responsible for notifying its End Users
any changes in numbering or dialing arrangements to include
changes such as the introduction of new NPAs or new NXX
codes.
Paging Provider may request blocks of telephone numbers
from Owest. Such blocks of telephone numbers will be
assigned to the Paging Provider from an NXX housed in the
Owest Dial Tone Office. This will usually be the Serving Wire
Center of the Paging Provider s paging terminal location. In
the event sufficient numbers are not available to meet the
Paging Provider two year forecast, a new NXX
practicable, will be assigned to the Dial Tone Office from
which numbers will be allocated. All numbers are assigned
and administered by Owest. The Paging Provider performs
subadministration (assigning specific numbers to individual
subscribers).
It shall be the responsibility of each Party to program and
update its own network systems pursuant to the Local
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11.
Exchange Routing Guide (LERG) to recognize and route
traffic to the other Party s assigned NXX codes. Neither Party
shall impose any fees or charges whatsoever on the other
Party for such activities. The Parties will cooperate to establish
procedures to ensure the timely activation of NXX
assignments in their respective networks.
10.Each Party is responsible for administering NXX codes
assigned to it. Each Party is responsible for arranging LERG
input for NXX codes assigned to its equipment. Each Party
shall use the LERG published by Telcordia or its successor for
obtaining routing information and shall provide through an
authorized LERG input agent all required information
regarding its network for maintaining the LERG in a timely
manner.
QWEST DEX ISSUES
Qwest and Paging Provider agree that certain issues, such as yellow page
advertising, directory distribution , access to call guide pages, yellow page
listings, will be the subject of negotiations between Paging Provider and directory
publishers , including Qwest Dex. Qwest acknowledges that Paging Provider
may request Qwest to facilitate discussions between Paging Provider and Qwest
Dex.
12.TERM OF AGREEMENT
This Agreement shall become effective upon Commission approval
pursuant to Sections 251 and 252 of the Act, shall terminate on, January
2007 and shall be binding upon the Parties during that term. After the
date specified above , this Agreement shall continue in force and effect
until terminated by either Party providing one hundred sixty (160) days
written notice of termination to the other Party. The day the notice is
served will determine the starting point for a 160 day negotiation period
(in accordance with 252(b)1 of the Act). In the event of such termination
existing or pending service arrangements made available under this
Agreement shall continue in total without interruption under either a) a
new or adoption agreement executed by the Parties, or b) tariff terms and
conditions generally available to all Paging Providers.
12.If the Parties are unable to negotiate a new agreement duringthe negotiation period described above, the window
opportunity to file for arbitration to resolve outstanding
contractual issues in accordance with the Act will occur
between days 135 and 160 of the 160 day notice period.
12.
12.If the Parties are able to reach agreement, this Agreement
shall continue for the brief period of time needed to secure the
Commission approval of an adoption or new
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interconnection agreement. In the case of Section 12., this
Agreement will expire on the termination date specified in the
one hundred sixty (160) day notice referenced above unless a
petition for arbitration has been filed, but if such a petition has
been filed then this Agreement shall continue for the period
necessary for the Commission to act and resolve the disputedissues so that the Parties will have an effective
interconnection agreement.
13.PAYMENT
13.1. Amounts payable under this Agreement are due and payable within thirty
(30) calendar days after the date of Qwest's invoice , or within twenty (20)days after receipt of the invoice, whichever is later. If the normal
payment due date is a Saturday or legal holiday that falls on a Tuesday,
Wednesday, Thursday or Friday then payment is due on the previous
business day as a payment due date. If the normal payment due date is
a Sunday or legal holiday that falls on a Monday then the payment
defaults to the next business day.
13.2. Should Paging Provider dispute, in good faith, any portion of the Qwest
monthly billing under this Agreement, Paging Provider will notify Qwest in
writing within thirty (30) calendar days of the receipt of such billing,
identifying the amount, reason and rationale of such dispute. Paging
Provider shall pay all amounts due. Both Paging Provider and Qwest
agree to expedite the investigation of any disputed amounts in an effort to
resolve and settle the dispute prior to initiating any other rights or
remedies. Should the dispute be resolved in Paging Provider s favor and
the resolved amount did not appear as a credit on Paging Provider s next
invoice from Qwest, Qwest will reimburse Paging Provider the resolved
amount plus interest from the date of payment. The amount of interest
will be calculated using the late payment factor that would have applied to
such amount had it not been paid on time.
13.3. Qwest will determine Paging Provider s credit status based on previous
payment history with Qwest or credit reports such as Dun and Bradstreet.
If Paging Provider has not established satisfactory credit with Qwest or if
Paging Provider is repeatedly delinquent in making its payments, Qwest
may require a deposit to be held as security for the payment of charges.
Repeatedly delinquent" means any payment received after the due date
three or more times during a 12 month period. The deppsit may not
exceed the estimated total monthly charges for a two (2) month period.
The deposit may be a surety bond, a letter of credit with terms and
conditions acceptable to Qwest or some other form of mutually
acceptable security such as a cash deposit. Required deposits are due
and payable within ten (10) calendar days after demand in accordance
with Commission requirements.
13.4. Interest will be paid on cash deposits at the rate applying to deposits
under applicable State Access tariff. Cash deposits and accrued interest
November 4, 2003/jld/RadioPaging - 10
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will be credited to Paging Provider s account or refunded, as appropriate
upon the earlier of the termination of this Agreement or the establishment
of satisfactory credit with Owest which will generally be one full year
timely payments in full by Paging Provider. The fact that a deposit has
been made does not relieve Paging Provider from any requirements
this Agreement.
13.5. Owest may review Paging Provider s credit standing and modify the
amount of deposit required.
13.6. Owest will assess a late payment charge for any amounts not paid by the
payment due date. The late payment charge for amounts that are billed
under this Agreement shall be in accordance with State Access
tariff/Commission Rules and Orders.
14.MISCELLANEOUS TERMS
14.1. General Provisions
14.
14.1.2
14.
14.1.4.
14.
The Parties are each solely responsible for participation in and
compliance with national network plans, including the National
Network Security Plan and Emergency Preparedness Plan.
Neither Party shall use any service related to or use any of the
services provided in this Agreement in any manner that
interferes with other persons in the use of their service
prevents other persons from using their service, or otherwise
impairs the quality of service to other carriers or to either
Party s End Users , and each Party may discontinue or refuse
service if the other Party violates this provision. Upon such
violation, either Party shall provide the other Party notice
such violation at the earliest practicable time.
Each Party is solely responsible for the services it provides to
its End Users and to other telecommunications carriers.
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.
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COS-031106-0001
14.Insurance
Paging Provider shall maintain at its own cost and expense insurance
with insurers having a "Best'" rating of B+XIII , as necessary to cover the
obligations assumed under this Agreement and as satisfactory to Owest
as outlined below.
14.2.
14.
14.2.
14.2.4
14.
14.3. Taxes
Commercial General Liability covering claims for bodily injury,
death, personal injury or property damage with limits
$500 000 each occurrence and $1 000,000 in the aggregate.
The policy shall name Owest as an additional insured as
respects their interest.
Automobile Liability, should operations hereunder involve use
of automobiles, covering the ownership, operation and
maintenance of all owned , non-owned and hired automobiles
with limits of $300 000 each occurrence.
Workers' Compensation with statutory limits as required in the
state(s) operation and Employers' Liability or "Stop Gap
coverage with limits of $100 000 each accident.
All Risk" Property coverage on a full replacement cost basis
insuring all of Paging Provider personal property situated on or
within the premises. Paging Provider may elect to purchase
business interruption and contingent business interruption
insurance. Owest has no liability for loss of profit or revenues
should an interruption of service occur.
Upon the execution hereof, Paging Provider shall provide
certificate(s) of insurance evidencing coverage, and annually
thereafter within ten (10) calendar days of renewal of any
coverage maintained pursuant to this Section. Such
certificates shall: (1) name Owest as an additional insured
under commercial general liability coverage as respects
Owest's interests; (2) provide Owest thirty (30) calendar days
prior written notice of cancellation material change or
exclusions in the policy(s) to which certificate(s) relate; (3)
indicate that coverage is primary and not excess
contributory with, any other valid and collectible insurance
purchased by Owest; and (4) policy(s) provide severability
interest/cross liability coverage.
Each Party purchasing services hereunder shall payor otherwise be
responsible for all federal, state , or local sales, use, excise, gross
receipts, transaction or similar taxes, fees or surcharges levied against or
upon such purchasing Party (or the providing Party when such providing
Party is permitted to pass along to the purchasing Party such taxes , fees
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
or surcharges), except for any tax on either Party s corporate existence,
status or net income. Whenever possible, these amounts shall be billed
as a separate item on the invoice. To the extent a sale is claimed to be
for resale tax exemption , the purchasing Party shall furnish the providing
Party a proper resale tax exemption certificate as authorized or required
by statute or regulation by the jurisdiction providing said resale tax
exemption. Until such time as a resale tax exemption certificate is
provided, no exemptions will be applied.
14.4. Force Majeure
Neither Party shall be liable for any delay or failure in performance of any
part of this Agreement from any cause beyond its control and without its
fault or negligence including, without limitation, acts of nature, acts of civilor military authority, government regulations, embargoes, epidemics,
terrorist acts, riots, insurrections, fires , explosions, earthquakes, nuclear
accidents , floods, work stoppages , equipment failure, power blackouts,
volcanic action, other major environmental disturbances , unusually
severe weather conditions, inability to secure products or services
other persons or transportation facilities or acts or omissions
transportation carriers (collectively, a "Force Majeure Event"). The Party
affected by a Force Majeure Event shall give prompt notice to the other
Party, shall be excused from performance of its obligations hereunder on
a day to day basis to the extent those obligations are prevented by the
Force Majeure Event, and shall use reasonable efforts to remove or
mitigate the Force Majeure Event. In the event of a labor dispute or
strike the Parties agree to provide service to each other at a level
equivalent to the level they provide themselves.
14.Limitation of Liability
14.
14.
Except for losses relating to or arising out of any act or
omission in its performance of services or functions provided
under this Agreement, each Party shall be liable to the other
for direct damages for any loss , defect or equipment failure
including without limitation any penalty, reparation or
liquidated damages assessed by the Commission or under a
Commission-ordered agreement (including without limitation
penalties or liquidated damages assessed as a result of cable
cuts), resulting from the causing Party s conduct or the
conduct of its agents or contractors in performing the
obligations contained in this Agreement.
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
whether the Parties know the possibility that such damages
November 4, 2003/jld/RadioPaging -
COS-031106-0001
could result.
14.Except for indemnity obligations or as otherwise set forth in
this Section, each Party s liability to the other Party for any
loss relating to or arising out of any act or omission in its
performance of services or functions provided under this
Agreement, whether in contract or in tort, shall be limited to
the total amount that is or would have been charged to the
other Party by such breaching Party for the service(s) or
function(s) not performed or improperly performed.
14.5.4 Nothing contained in this Section shall limit either Party
liability to the other for intentional, malicious misconduct.
14.Nothing contained in this Section shall limit either Party
obligations of indemnification as specified in the Indemnity
Section of this Agreement.
14.6. Indemnity
14.1 With respect to third party claims , the Parties agree to indemnify
each other as follows:
14.Except for claims made by End Users of one Party
against the other Party, which claims are based
defective or faulty services provided by the other Party to
the one Party, each of the Parties agrees to release
indemnify, defend and hold harmless the other Party and
each of its officers , directors, employees and agents
(each an "Indemnitee ) from and against and in respect
of any loss, debt, liability, damage, obligation, claim
demand, judgment or settlement of any nature or kind
known or unknown , liquidated or unliquidated including,
but not limited to, costs and attorneys' fees , whether
suffered, made, instituted, or asserted by any other party
or person , for invasion of privacy, personal injury to or
death of any person or persons, or for loss , damage to
or destruction of property, whether or not owned by
others, resulting from the indemnifying Party
performance, breach of applicable law, or status of its
employees, agents and subcontractors; or for failure to
perform under this Agreement, regardless of the form
action.
14.2 Where the third party claim is made by (or through) an
End User of one Party against the other Party, which
claim is based on defective or faulty services provided by
the other Party to the one Party then there shall be no
obligation of indemnity unless the act or omission giving
rise to the defective or faulty services is shown to be
intentional, malicious misconduct of the other Party.
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
14.3 If the claim is made by (or through) an End User and
where a claim is in the nature of a claim for invasion
privacy, libel, slander, or other claim based on the
content of a transmission, and it is made against a Partywho is not the immediate provider of the
Telecommunications Service to the End User (the
indemnified provider), then in the absence of fault or
neglect on the part of the indemnified provider, the Party
who is the immediate seller of such Telecommunications
Service shall indemnify, defend and hold harmless the
indemnified provider from such claim.
14.2 The indemnification provided herein shall be conditioned upon:
14.The indemnified Party shall promptly notify the
indemnifying Party of any action' taken against the
indemnified Party relating to the indemnification. Failure
to so notify the indemnifying Party shall not relieve the
indemnifying Party of any liability that the indemnifying
Party might have , except to the extent that such failure
prejudices the indemnifying Party s ability to defend such
claim.
14.2 The indemnifying Party shall have sole authority to
defend any such action, including the selection of legal
counsel, and the indemnified Party may engage
separate legal counsel only at its sole cost and expense.
14.3 In no event shall the indemnifying Party settle or consent
to any judgment pertaining to any such action without the
prior written consent of the indemnified Party.
14.7. Intellectual Property
14.
14.
Each Party hereby grants to the other Party the limited
personal and nonexclusive right and license to use its patents
copyrights and trade secrets but only to the extent necessary
to implement this Agreement or specifically required by the
then applicable federal and state rules and regulations relating
to Interconnection and access to telecommunications facilities
and services , and for no other purposes. Nothing in this
Agreement shall be construed as the grant to the other Party
of any rights or licenses to trademarks.
The rights and licenses above are granted "AS IS" and the
other Party s exercise of any such right and license shall be at
the sole and exclusive risk of the other Party. Neither Party
shall have any obligation to defend , indemnify or hold
harmless, or acquire any license or right for the benefit
owe any other obligation or have any liability to, the other
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
14.
14.7.4
14.
14.
based on or arising from any claim, demand , or proceeding
(hereinafter "claim ) by any third party alleging or asserting
that the use of any circuit, apparatus, or system, or the use
any software , or the performance of any service or method , or
the provision of any facilities by either Party under this
Agreement constitutes infringement or misuse
misappropriation of any patent, copyright, trade secret, or any
other proprietary or intellectual property right of any third party.
As a condition to the access or use of patents, copyrights
trade secrets and other intellectual property (including
software) owned or controlled by a third party to the extent
necessary to implement this Agreement or specifically
required by the then applicable federal and state rules and
regulations relating to Interconnection and access to
telecommunications facilities and services , the Party providing
access may require the other upon written notice , from time to
time , to obtain a license or permission for such access or use
make all payments in connection with obtaining such license,
and provide evidence of such license.
Except as expressly provided in this Intellectual Property
Section, nothing, in this Agreement shall be construed as the
grant of a license, either express or implied, with respect to
any patent, copyright, logo, trademark, tradename, trade
secret or any other intellectual property right now or hereafter
owned, controlled or licensable by either Party. Neither Party
may use any patent, copyright, logo, trademark, tradename,
trade secret or other intellectual property right of the other
Party or its affiliates without execution of separate
agreement between the Parties.
Neither Party shall without the express written permission
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
a joint business association or any similar arrangement with
the other or its affiliates, 3) the other Party and its affiliates
are in any way sponsoring, endorsing or certifying it and its
goods and services, or 4) with respect to its advertising or
promotional activities or materials, that the resold goods and
services are in any way associated with or originated from the
other or any of its affiliates. Nothing in this paragraph shall
prevent either Party from truthfully describing the network
elements it uses to provide service to its End Users, provided
it does not represent the network elements as originating from
the other Party or its affiliates.
Paging Provider acknowledges the value of the marks "Owest"
and "Owest" (the "Marks ) and the goodwill associated
therewith and acknowledges that such goodwill is a property
November 4, 2003~ld/RadioPaging - 10
COS-031106-0001
14.8. Warranties
right belonging to Qwest Communications International, Inc.
(the "Owner
).
Paging Provider recognizes that nothing
contained in this Agreement is intended as an assignment or
grant to Paging Provider of any right, title or interest in or to
the Marks and that this Agreement does not confer any right
or license to grant sublicenses or permission to third parties to
use the Marks and is not assignable. Paging Provider will do
nothing inconsistent with the Owner s ownership of the Marks
and all rights, if any, that may be acquired by use of the Marks
shall inure to the benefit of the Owner. Paging Provider will
not adopt , use (other than as authorized herein), register or
seek to register any marks anywhere in the world which is
identical or confusingly similar to the Marks or which is so
similar thereto as to constitute a deceptive colorable imitation
thereof or to suggest or imply some association, sponsorship,
or endorsement by the Owner. The Owner makes no
warranties regarding ownership of any rights in or the validity
of the Marks.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS
MADE AND THAT THERE DOES NOT EXIST ANY WARRANTY,
EXPRESS OR IMPLIED , INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
14.9. Assignment
14.
14.
Neither Party may assign or transfer (whether by operation
law or otherwise) this Agreement (or any rights or obligations
hereunder) to a third party without the prior written consent
the other Party. Notwithstanding the foregoing, either Party
may assign or transfer this Agreement to a corporate affiliate
or an entity under its common control; however, if Paging
Provider s assignee or transferee has an Interconnection
agreement with Qwest, no assignment or transfer of this
Agreement shall be effective without the prior written consent
of Qwest. Such consent shall include appropriate resolutions
of conflicts and discrepancies between the assignee s or
transferee s interconnection agreement and this Agreement.
Any attempted assignment or transfer that is not permitted is
void ab initio.Without limiting the generality of the foregoing,
this Agreement shall be binding upon and shall inure to the
benefit of the Parties' respective successors and assigns.
Without limiting the generality of the foregoing subsection, any
merger, dissolution , consolidation or other reorganization
Paging Provider, or any sale, transfer, pledge or other
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
14.
14.10. Default
disposition by Paging Provider of securities representing more
than 50% of the securities entitled to vote in an election
Paging Provider s board of directors or other similar governing
body, or any sale, transfer, pledge or other disposition by
Paging Provider of substantially all of its assets, shall be
deemed a transfer of control. If any entity, other than Paging
Provider, involved in such merger, dissolution, consolidation,
reorganization, sale , transfer, pledge or other disposition
Paging Provider has an interconnection agreement with
Qwest , the Parties agree that only one agreement, either this
Agreement or the interconnection agreement of the other
entity, will remain valid. All other interconnection agreements
will be terminated. The Parties agree to work together to
determine which interconnection agreement should remain
valid and which should terminate. In the event the Parties
cannot reach agreement on this issue, the issue shall be
resolved through the Dispute Resolution process contained in
this Agreement.
Qwest makes no representations or warranties regarding the
configuration, identity, or number of telephone exchanges
covered by this Agreement. Nothing in this Agreement
therefore, shall be deemed to limit or restrict the right of Qwest
to sell , lease, transfer, assign , or hypothecate any of its
assets, rights, title or interests in or to any of its property or
rights, including but not limited to the telephone exchange(s)
in which it conducts its business. Likewise nothing in this
Agreement shall be deemed to limit or restrict the right
Qwest to acquire, buy, procure , lease, or mortgage any
assets, rights, title , or interest in or to any property or rights
including but not limited to the telephone exchange(s) in which
it conducts its business. If Qwest should sell or otherwise
transfer and assign to an unaffiliated third party all or
substantially all of its assets and rights with respect to a
telephone exchange(s) which is covered by this Agreement
then as to such exchange(s), this Agreement shall terminate
upon the effective date of such sale or other transfer. Qwest
shall provide Paging Provider with as much advance notice
such sale or transfer as is reasonably possible.
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
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
nevertheless, be and remain in full force and effect.
14.11. Disclaimer of Agency
Except for provisions herein expressly authorizing a Party to act for
another, nothing in this Agreement shall constitute a Party as a legal
representative or agent of the other Party, nor shall a Party have the right
or authority to assume, create or incur any liability or any obligation of
any kind , express or implied, against or in the name or on behalf of the
other Party unless otherwise expressly permitted by such other Party.
Except as otherwise expressly provided in this Agreement, no Party
undertakes to perform any obligation of the other Party whether
regulatory or contractual , or to assume any responsibility for the
management of the other Party s business.
14.12. Nondisclosure
14.12.
14.12.
14.12.
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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 End User specific, facility specific, or usage
specific information other than end User information
communicated for the purpose of providing directory
assistance or publication of directory database, or (ii) in
written , graphic, electromagnetic, or other tangible form and
marked at the time of delivery as "Confidential" or
Proprietary , or (iii) communicated and declared to the
receiving Party at the time of delivery, or by written notice
given to the receiving Party within ten (10) calendar days after
delivery, to be "Confidential" or "Proprietary (collectively
referred to as "Proprietary Information ), shall remain the
property of the disclosing Party. A Party who receives
Proprietary Information via an oral communication may
request written confirmation that the material is Proprietary
Information. A Party who delivers Proprietary Information via
an oral communication may request written confirmation that
the Party receiving the information understands that the
material is Proprietary Information.
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.
Each Party shall endeavor to keep all of the other Party'
Proprietary Information confidential using the same degree of
care as the receiving Party uses for its own confidential
information of similar importance and shall use the other
Party Proprietary Information only in connection with
performance of this Agreement. Neither Party shall use the
other Party s Proprietary Information for any other purpose
except upon such terms and conditions as may be agreed
upon between the Parties in writing.
14.12.4.Unless otherwise agreed , the obligations of confidentiality and
non-use set forth in this Agreement do not apply to such
Proprietary Information as:
14.12.4.1. was at the time of receipt already known to the
receiving Party free of any obligation to keep
confidential evidenced by written records prepared
prior to delivery by the disclosing Party; or
14.12.4.2. is or becomes publicly known through no wrongful act
of the receiving Party; or
14.12.4.3. is rightfully received from a third person having no
direct or indirect secrecy or confidentiality obligation to
the disclosing Party with respect to such information;
14.12.4.4. is independently developed by an employee, agent, or
contractor of the receivi'ng 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;
14.12.4.5. is disclosed to a third person by the disclosing Party
without similar restrictions on such third person
rights; or
14.12.4.6. is approved for release by written authorization of the
disclosing Party; or
14.12.4.7. is required to be made public by the receiving Party
pursuant to applicable law or regulation 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.
14.12.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.
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
14.12.
14.13. Survival
Effective Date of this Section. Notwithstanding any other
provision of this Agreement, the Proprietary Information
provisions of this Agreement shall apply to all Proprietary
Information furnished by either Party to the other
furtherance of the purpose of this Agreement, even
furnished before the date of this Agreement.
Any liabilities or obligations of a Party for acts or omissions prior to the
cancellation or termination of this Agreement; any obligation of a Partyunder the provisions regarding indemnification Confidential or
Proprietary Information, limitations of liability, and any other provisions
this Agreement which , by their terms, are contemplated to survive (or tobe performed after) termination of this Agreement, shall survive
cancellation or termination hereof.
14.14. Dispute Resolution
14.14.
14.14.
14.14.
If any claim , controversy or dispute between the Parties, their
agents, employees, officers, directors or affiliated agents
should arise, and the Parties do not resolve it in the ordinary
course of their dealings (the "Dispute ), then it shall be
resolved in accordance with the dispute resolution process set
forth in this Section. ' Each notice of default, unless cured
within the applicable cure period, shall be resolved in
accordance herewith.
At the written request of either Party, and prior to any other
formal dispute resolution proceedings, each Party shall
designate an officer-level employee , at no less than the vice
president level, to review, meet, and negotiate, in good faithto resolve the Dispute. The Parties intend that thesenegotiations 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 mediationto 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.
If the vice-presidential level representatives have not reached
resolution of the Dispute within thirty (30) calendar days
after the matter is referred to them , then either Party may
demand that the Dispute be settled by arbitration. Such an
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
arbitration proceeding shall be conducted by a single
arbitrator, knowledgeable about the telecommunications
industry. The arbitration proceedings shall be conducted under
the then current rules of the American Arbitration Association
("AAA"
).
The Federal Arbitration Act, 9 U.C. Sections 1-
not state law, shall govern the arbitrability of the Dispute. The
arbitrator shall not have authority to award punitive damages.
All expedited procedures prescribed by the AAA rules shall
apply. The arbitrator 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. It is acknowledged that the Parties , by
mutual, written agreement, may change any of these
arbitration practices for a particular, some , or all Dispute(s).
14.14.4 Should it become necessary to resort to court proceedings to
enforce a Party compliance with the dispute resolution
process set forth herein , and the court directs or otherwise
requires compliance herewith , then all of the costs and
expenses, including its reasonable attorney fees , incurred by
the Party requesting such enforcement shall be reimbursed by
the non-complying Party to the requesting Party.
14.14.No Dispute, regardless of the form of action, arising out of this
Agreement, may be brought by either Party more than two (2)
years after the cause of action accrues.
14.15. Controlling Law
This Agreement was negotiated by the Parties in accordance with the
terms of the Act and the laws of the state where service is provided
hereunder. It shall be interpreted solely in accordance with the terms
the Act and the applicable state law in the state where the service is
provided.
14.16. Joint Work Product
This Agreement is the joint work product of the Parties and has been
negotiated by the Parties and their respective counsel and shall be fairly
interpreted in accordance with its terms and, in the event of any
ambiguities, no inferences shall be drawn against either Party.
14.17. Responsibility for Environmental Contamination
Neither Party shall be liable to the other for any costs whatsoever
resulting from the presence or release of any environmental hazard that
either Party did not introduce to the affected work location. Both Parties
shall defend and hold harmless the other, its officers, directors and
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
employees from and against any losses , damages, claims, demands,
suits, liabilities , fines , penalties and expenses (including reasonable
attorneys' fees) that arise out of or result from (i) any environmental
hazard that the indemnifying Party, its contractors or agents introduce to
the work locations or (ii) the presence or release of any environmental
hazard for which the indemnifying Party is responsible under applicable
law.
14.18. Notices
Any notices required by or concerning this Agreement shall be sent to the
Parties at the addresses shown below:
Qwest Corporation Robert
Paging
Ryder dba Radio
Director - Compliance
1801 California Street, Suite 2410
Denver, Colorado 80202
Jim Jones
1275 Shoreline Lane
Boise , Idaho 83702
Phone: [phone]
FAX: [phone]With a copy to:
Qwest Legal Department
Attention: General Counsel
1801 California Street, Suite 5100
Denver, Colorado 80202
Each Party shall inform the other of any changes in the above addresses.
14.19. Responsibility of Each Party
Each Party is an independent contractor, and has and hereby retains the
right to exercise full control of and supervision over its own performance
of its obligations under this Agreement and retains full control over the
employment, direction , compensation and discharge of all employees
assisting in the performance of such obligations. Each Party will be
solely responsible for all matters relating to payment of such employees
including compliance with social security taxes, withholding taxes and all
other regulations governing such matters. Each Party will be solely
responsible .for proper handling, storage , transport and disposal at its own
expense of all (i) substances or materials that it or its contractors or
agents bring to, create or assume control over at work locations or, (ii)
waste resulting therefrom or otherwise generated in connection with its or
its contractors' or agents ' activities at the work locations. Subject to the
limitations on liability and except as otherwise provided in this Agreement
each Party shall be responsible for (i) its own acts and performance of all
obligations imposed by applicable law in connection with its activities,
legal status and property, real or personal and, (ii) the acts of its own
affiliates, employees, agents and contractors during the performance
that Party s obligations hereunder.
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14.20. No Third Party Beneficiaries
This Agreement does not provide and shall not be construed to provide
third parties with any remedy, claim, liability, reimbursement, cause
action, or other privilege.
14.21. Referenced Documents
All references to Sections shall be deemed to be references to Sections
of this Agreement unless the context shall otherwise require. Whenever
any provision of this Agreement refers to a technical reference, technical
publication, Paging Provider practice, Qwest practice, any publication
telecommunications industry administrative or technical standards, or any
other document specifically incorporated into this Agreement, it will be
deemed to be a reference to the most recent version or edition (including
any amendments , supplements, addenda, or successors) of such
document that is in effect and will include the most recent version or
edition (including any amendments, supplements, addenda
successors) of each document incorporated by reference in such
technical reference, technical publication , Paging Provider practice,
Qwest practice, or publication of industry standards. The existing
configuration of either Party network may not be in immediate
compliance with the latest release of applicable referenced documents.
14.22. Publicity
Neither Party shall publish or use any publicity materials with respect to
the execution and delivery or existence of this Agreement without the
prior written approval of the other Party.
14.23. Amendment
Paging Provider and Qwest may mutually agree to amend this
Agreement in writing. Since it is possible that amendments to this
Agreement may be needed to fully satisfy the purposes and objectives
this Agreement, the Parties agree to work cooperatively, promptly and in
good faith to negotiate and implement any such additions, changes and
corrections to this Agreement.
14.24. Executed in Counterparts
This Agreement may be executed in any number of counterparts, each
which shall be deemed an original; but such counterparts shall together
constitute one and the same instrument.
14.25. Headings of No Force or Effect
The headings of Articles and Sections of this Agreement are for
convenience of reference only, and shall in no way define, modify or
restrict the meaning or interpretation of the terms or provisions of this
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
Agreement.
14.26. Regulatory Approval
The Parties understand and agree that this Agreement will be filed with
the Commission for approval. In the event the Commission rejects any
portion of this Agreement, renders it inoperable or creates an ambiguity
that requires further amendment, the Parties agree to meet and negotiate
in good faith to arrive at a mutually acceptable modification.
14.27. Compliance
Each Party shall comply with all applicable federal, state, and local laws
rules and regulations applicable to its performance under this Agreement.
Without limiting the foregoing, Owest and Paging Provider agree to take
all action necessary to keep and maintain in full force and effect all
permits, licenses, certificates, and other authorities needed to perform
their respective obligations hereunder.
14.28. Compliance with the Communications Assistance Law Enforcement
Act of 1994 ("CALEA"
Each Party represents and warrants that any equipment, facilities or
services provided to the other Party under this Agreement comply with
CALEA. Each Party shall indemnify and hold the other Party harmless
from any and all penalties imposed upon the other Party for such
noncompliance and shall at the non-compliant Party s sole cost and
expense, modify or replace any equipment, facilities or services provided
to the other Party under this Agreement to ensure that such equipment
facilities and services fully comply with CALEA.
14.29 Cooperation
The Parties agree that this Agreement involves the provision of Owest
services in ways such services were not previously available and the
introduction of new processes and procedures to provide and bill such
services. Accordingly, the Parties agree to work jointly and cooperatively
in testing and implementing processes for maintenance, provisioning and
billing and in reasonably resolving issues which result from such
implementation on a timely basis.
14.30. Availability of Other Agreements
With regard to the availability of other agreements, the Parties agree that
the provisions of Section 252(i) of the Act shall apply, including state and
federal , Commission and court interpretive regulations and decisions in
effect from time to time.
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
14.31. Entire Agreement
This Agreement constitutes the entire agreement between the Parties
and supersedes all prior oral or written agreements, representations
statements, negotiations , understandings , proposals and undertakings
with respect to the subject matter hereof.
15.BONA FIDE REQUEST
15.1. Any request for Interconnection or access to an unbundled Network
Element that is not already available as described herein shall be treated
as a Bona Fide Request (BFR). Owest shall use the BFR Process to
determine the terms and timetable for providing the requested
Interconnection or access to UNEs , if available, and the technical
feasibility of new/different points of Interconnection. Owest will
administer the BFR Process in a nondiscriminatory manner.
15.2. A BFR shall be submitted in writing and on the appropriate Owest form
for BFRs. Paging Provider and Owest will work together to prepare the
BFR form. This form shall be accompanied by the non-refundable
Processing Fee specified in Appendix A of this Agreement. The form will
request, and Paging Provider will need to provide , at a minimum: (a) a
technical description of each requested Network Element or new/different
points of Interconnection; (b) the desired interface specification; (c) each
requested type of Interconnection or access; (d) a statement that the
Interconnection or Network Element will be used to provide a
Telecommunications Service; (e) the quantity requested; (f) the specific
location requested; (g) if the requested unbundled Network Element is a
proprietary element as specified in Section 251 (d)(2) of the Act, Paging
Provider must submit documentation that demonstrates that access to
such Network Element is necessary, that the failure to provide access to
such Network Element would impair the ability of Paging Provider to
provide the services that it seeks to offer, and that Paging Provider
ability to compete would be significantly impaired or thwarted without
access to such requested proprietary element; and (h) if the requested
unbundled Network Element is a non-proprietary element as specified in
Section 251 (d)(2) of the Act, Paging Provider must submit documentation
that demonstrates that denial of access to such unbundled non-
proprietary Network Element would decrease the quality or increase the
cost of the service sought to be offered by Paging Provider.
15.3. Within fifteen (15) business days of its receipt, Owest shall acknowledge
receipt of the BFR and in such acknowledgment advise Paging Provider
of missing information , if any, necessary to process the BFR. Thereafter
Owest shall promptly advise Paging Provider of the need for any
additional information required to complete the analysis of the BFR.
15.4. Within thirty (30) business days of its receipt of the BFR and all
information necessary to process it, Owest shall provide to Paging
Provider a preliminary analysis of the BFR. The preliminary analysis shall
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
15.
15.
15.
specify Owest's conclusions as to whether or not the requested
Interconnection or access to an unbundled Network Element complies
with the unbundling requirements set forth above.
15.4.
15.4.
15.4.
If Owest determines during the thirty (30) day period that a
BFR does not qualify as a Network Element or Interconnection
that is required to be provided under the Act, Owest shall
advise Paging Provider as soon as reasonably possible of that
fact, and Owest shall promptly, but in no case later than ten
business days after making such a determination, provide a
written report setting forth the basis for its conclusion.
If Owest determines during the thirty (30) day period that the
BFR qualifies under the Act, it shall notify Paging Provider in
writing of such determination within ten (10) business days.
As soon as feasible, but in any case within ninety (90)
business days after Owest notifies Paging Provider that the
BFR qualifies under the Act, Owest shall provide to Paging
Provider a BFR quote. The BFR quote will include, at a
minimum , a description of each Interconnection and Network
Element 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 or the
Network Elements and any minimum volume and term
commitments required.
If Owest has indicated minimum volume and term commitments, then
within thirty (30) business days of its receipt of the BFR quote , Paging
Provider must either agree to purchase under those commitments, cancel
its BFR, or seek mediation or arbitration.
If Paging Provider has agreed to minimum volume and term
commitments under the preceding paragraph, Paging Provider may
cancel the BFR or volume and term commitment at any time, but in the
event of such cancellation Paging Provider will pay Owest's reasonable
development costs incurred in providing the Interconnection or Network
Element, to the extent that those development costs are not otherwise
amortized.
If either Party believes that the other Party is not requesting, negotiating
or processing any BFR in good faith , or disputes a determination, or
quoted price or cost, it may seek arbitration pursuant to the Dispute
Resolution provision of this Agreement.
16.CONSTRUCTION CHARGES
16.1. All rates, charges and initial service periods specified in this Agreement
contemplate the provision of network Interconnection services and
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
access to UNEs to the extent existing facilities are available. Except for
modifications to existing facilities necessarY to accommodate
Interconnection and access to UNEs specifically provided for in this
Agreement, Owest will consider requests to build additional or further
facilities for network Interconnection and access to UNEs as described in
the applicable Section of this Agreement.
16.2. All necessary construction will be undertaken at the discretion of Owest,
consistent with budgetary responsibilities, consideration for the impact on
the general body of End Users, and without discrimination among the
various carriers.
16.3. A quote for Paging Provider s portion of a specific job will be provided to
Paging Provider. The quote will be in writing and will be binding for ninety
(90) business days after the issue date. When accepted , Paging
Provider will be billed the quoted price and construction will commence
after receipt of payment. If Paging Provider chooses not to have Owest
construct the facilities, Owest reserves the right to bill Paging Provider for
the expense incurred for producing the engineered job design.
16.4. In the event a construction charge is applicable, Paging Provider
service application date will become the date upon which Owest receives
the required payment.
November 4, 2003/jld/RadioPaging - 10
COS-0311 06-0001
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized representatives.
Paging Qwes! c
' .
:::r-
Signature
LT. Christensen
Name PrintedfTyped
Director
Agreements
Title
OWyd--
Title
/,
/.J.. J oY
Date
Interconnection
Date
t~/sje0
Signature does not waive any rights of either Party to seek
administrative/judicial review of all or part of the Agreement, or to reform the
agreement as the result of successful administrative/judicial review and/or future
settlement agreements between the Parties to this Agreement.
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
. ----
APPENDIX A - Rates and Charges
FACILITY CHARGES
Paging Provider shall be obligated to pay for the portion of the facilities
used to deliver Third Party Traffic as set forth below. The payment shall
be calculated by multiplying the specified rate by the Third Party Traffic
percentage. Twenty-four percent (24%) of all traffic delivered by USWC
to Paging Provider under this Agreement shall be deemed Third Party
Traffic.
100% of the Non recurring charges incurred due to Paging Provider
relocation or equipment change will be paid
COMPENSATION FOR DELIVERY OF Qwest ORIGINATED TRAFFIC
Flat Rate per Trunk: Pursuant to Section 6, Qwest will compensate
Paging Provider on a monthly basis at a flat rate per trunk for delivery of
Qwest originated traffic as follows:
Type 1: 6,000 MOU per trunk times Compensable Traffic
percentage times $0.003398 times trunk quantity
Type 2: 6 000 MOU per trunk times Compensable Traffic
percentage times $0.003398 times trunk quantity
Flat Rate per Trunk: Pursuant to Section 6, upon establishment of an
actual three (3) month average Minutes of Use (MOU) per trunk group
type, Qwest will compensate Paging Provider on a monthly basis at a flat
rate per trunk for delivery of Qwest originated traffic as follows:
Type 1: Average MOU per trunk times Compensable Traffic
percentage times $0.003398 times trunk quantity
Type 2: Average MOU per trunk times Compensable Traffic
percentage times $0.003398 times trunk quantity
The Compensable Traffic percentage shall be calculated as follows:
Compensable Traffic percentage equals one minus Third Party Traffic
percentage.
BFR PROCESSING FEE
Pursuant to Section 15, Bona Fide Request, Qwest shall apply a fee of Two
Thousand, One Hundred and Twenty Eight Dollars ($2128.00) for processing
each Bona Fide Request submitted by Paging Provider.
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
SCHEDULE 1
Type 1 and Type 2 Paging Connection Rates
IDAHO TYPE 1 TELRIC RATES
PAGE 1 -IDAHO TYPE 1 TELRIC RATES
DESCRIPTION USOC NON.RECURRING RECURRING
NETWORK ACCESS CHANNEL - NAC
Analog 2-wire Channels:
1-way in (land to mobile)MTZ1X $263.$38.
Analog 4-wire Channels:
1-way in (land to mobile)MTJ1X $263.$89.
4-wire Digital Channels:
1-way in (land to mobile)M4W1X $78.N/A
DIGITAL FACILITY
DS1 Level MF31X $485.$93.
CONNECTIVITY
Analog (Per analog channel)CK6AX N/A $20.
DS1 Level (Per DS1 Facility)CK61X N/A $50.40
per DS1 Activated on a DS3 Facility CK61 X N/A $50.40
DIAL OUTPULSING
Per each one-way-in (land to mobile)
or two-way channel:
Analog 2-wire OUPAX $181.N/A
Analog 4-wire or Digital OUPDX $181.N/A
MULTIPLEXING
DS1 to DSO MXG1X $291.$199.
CHANNEL PERFORMANCE
Loop Start PM2GG N/A $7.
Ground Start PM2HG N/A $5.
Loop with Reverse Battery PM2JG N/A $4.
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
PAGE 2 -IDAHO TYPE 1 TElRIC RATES
DESCRIPTION USOC NON.RECURRING RECURRING
DEDICATED TRANSPORT
AnaloglDSO
Over 0 to 8 Miles
Fixed:XUWH1 $28.$18.
Per Mile JZ3HA N/A $0.
Over 8 to 25 Miles
Fixed XUWH2 $28.$18.
Per Mile JZ3HB N/A $0.
Over 25 to 50 Miles
Fixed XUWH3 $28.$18.
Per Mile JZ3HC N/A $0.
Over 50 Miles
Fixed XUWH4 $28.$18.
Per Mile JZ3HD N/A $0.
DS1 level
Over 0 to 8 Miles
Fixed:XUWJ1 $216.$37.
Per Mile JZ3JA N/A $1.
Over 8 to 25 Miles
Fixed XUWJ2 $216.$37.
Per Mile JZ3JB N/A $1.
Over 25 to 50 Miles
Fixed XUWJ3 $216.$37.
Per Mile JZ3JC N/A $2.
Over 50 Miles
Fixed XUWJ4 $216.$37.
Per Mile JZ3JD N/A $1.
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
IDAHO TYPE 2 TELRIC RATES
PAGE 1-IDAHO TYPE 2 TELRIC RATES
DESCRIPTION USOC NON RECURRING MONTHLY
CHANNEL
(Network Access Channel- NAC)
2 wire Analoq (trunk side termination)
2A-1 way in (Paging)P231X $263.$38.
4 wire Analoq (trunk side termination)
2A-1 way in (Paging)P431X $263.$73.
4 wire Di ital trunk side termination
TYPE 2A
2A-1 way in (Paging)
- Initial P4Y1X $78.N/A
- Subsequent P4Y1X $78.N/A
Channel Facility.DS1 Level MF31X $485.$93.
Channel Facility-DS3 Level MF33X $532.$368.
November 4, 2003/jld/RadioPaging -
COS-031106-0001
PAGE 2 -IDAHO TYPE 2 TElRIG RATES
DESCRIPTION USOG NON RECURRING MONTHLY
DEDICATED TRANSPORT
AnaloglDSO
over 0 to 8 Miles
fixed XU2T1 $28.$18.
per mile JZ3TA $28.$0.
over 8 to 25 Miles
fixed XU2T2 $28.$18.
per mile JZ3TB $28.$0.
over 25 to 50 Miles
fixed XU2T3 $28.$18.
per mile JZ3TC . $28.$0.
over 50 Miles
fixed XU2T4 $28.$18.
per mile JZ3TD $28.$0.
DS1 level
over 0 to 8 Miles
fixed XUWJ1 $216.$37.
per mile JZ3JA $216.$1.
over 8 to 25 Miles
fixed XUWJ2 $216.$37.
per mile JZ3JB $216.$1.
over 25 to 50 Miles
fixed XUWJ3 $216.$37.
per mile JZ3JC $216.$2.
over 50 Miles
fixed XUWJ4 $216.$37.
per mile JZ3JD $216.$1.
November 4, 2003/jld/RadioPaging -
COS-031106-0001
PAGE 3 -IDAHO TYPE 2 TELRIC RATES
DESCRIPTION usoe NON RECURRING MONTHLY
DS3 Level
over 0 to 8 Miles
fixed XUWK1 $216.$257.
per mile JZ3KA $216.$19.48
over 8 to 25 Miles
fixed XUWK2 $216.$260.49
per mile JZ3KB $216.$24.
over 25 to 50 Miles
fixed XUWK3 $216.$260.
per mile JZ3KG $216.$26.43
over 50 Miles
fixed XUWK4 $216.$259.
per mile JZ3KD $216.$26.
CHANNEL PERFORMANCE PM2JG N/A $4.
Loop with Reverse Battery
applies only when there is Dedicated
Transport on Analog 2-Wire NAG
MULTIPLEXING
per DS1 to DSO Multiplexer MXG1X $291.$199.
per DS3 to DS1 Multiplexer MXG3X $298.$201.
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A TWO YEAR FORECAST
DATE PREPARED: (update required quarterly)
Paging Provider s Point of Connection (POC) (one form required per POC)
New POC
Existing POC I For Internal Use Only
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLL! Code (associated with NXX):
POC CLL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL PAGING DID Numbers associated with this POC:
PaQinQ Provider s EQuipment ReQuirements (check appropriate line(s))Digital Analog 2-wire- 4-wire
Trunk Pulsing: Multifrequency (MF) Dial Pulse (DP)
Dual Tone Multifrequency (DTMF)
Start Signaling: Wink
Outpulsing (4-10 digits)
Immediate (IMM)Delayed Start
Network Channel Interface - AnaloQ
Reverse Battery - 600 ohms
Reverse Battery - 900 ohms
Loop Start
E & M Signaling - Type I
E & M Signaling - Type II
Network Channel Interface - DiQital:
DS3
DS1 AMI + SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
November 4, 2003/jld/RadioPaging - ID
COS-031106-0001
APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
Year 1 Year 2
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
I For Internal Use Only:
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information to this forecast, per Section
of th~ Agreement
Mail completed form to:Qwest
Type 1 Forecast Manger
250 Bell Plaza, Room 1001
Salt Lake City, UT 84111
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A TWO YEAR FORECAST
DATE PREPARED:(update required quarterly)
Paging Provider s Point of Connection (POC) (one form required per POC)New POC For Internal Use Only
Existing POC
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLL! Code (associated with NXX):
POC CLL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL PAGING DID Numbers associated with this POC:
PaQinQ Provider s EQuipment ReQuirements (check appropriate line(s))Digital Analog 2-wire- 4-wire
Trunk Pulsing: Multifrequency (MF) Dial Pulse (DP)
Dual Tone Multifrequency (DTMF)
Start Signaling: Wink
Outpulsing (4-10 digits)
Immediate (IMM)Delayed Start
Network Channel Interface - Analoa
Reverse Battery - 600 ohms
Reverse Battery - 900 ohms
Loop Start
E & M Signaling - Type I
E & M Signaling - Type II
Network Channel Interface - Diaital:
DS3
DS1 AMI + SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
Year 1 Year 2
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
I For Internal Use Only:
Prepared by:Date:
Telephone Number:Title:
Please attach additional major network project information to this forecast, per Section
of this Agreement
Mail completed form to:Qwest
Type 1 Forecast Manger
250 Bell Plaza, Room 1001
Salt lake City, UT 84111
November 4, 2003/jld/RadioPaging - ID
COS-031106-0001
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A TWO YEAR FORECAST
DATE PREPARED:(update required quarterly)
Paging Provider s Point of Connection (POC) (one form required per POC)
New POC
Existing POC
For Internal Use Only
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLL! Code (associated with NXX):
POC CLL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL PAGING NXX's associated with this POC: (Type 2 Paging Service is only available
to NXX's and associated POCs located within the geographical serving area of the
respective Qwest Local and LATAlToll Tandems)
Paging Provider s EQuipment ReQuirements (check appropriate line(s))
Trunk Pulsing
Multifrequency (MF-Wink Start)
Common Channel Signaling (SS7)
Digits Required (4-10 digits):
Network Channel Interface - Digital only
(if DS3, identify both DS3 and DS1 level):DS3 DS1 AMI + SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS 1 BaZS + SF
DS1 BaZS + ANSI ESF
DS1 BaZS + non-ANSI ESF
November 4, 2003/jld/RadioPaging - ID
COS-031106-0001
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
UsaQe Forecast - EAS Traffic
Busy Season:
Average Busy Hour Minutes of Use
Year 1
Average Busy Hour Number of Messages
For Internal Use Only:
Equivalent Trunks:
UsaQe Forecast - Toll Traffic
Busy Season:
Average Busy Hour Minutes of Use
Year 1
Year 1
Average Busy Hour Number of Messages
Year 2
Year 2
Year 2
For Internal Use Only:
Prepared by:Date:
Telephone Number:Title:
Please attach additional major network project information
to this forecast, per Section 4.2 of the Agreement
Mail completed form to:
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
Qwest
Type 2 Forecast Manager
250 Bell Plaza , Room 1001
Salt lake City, UT 84111
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A TWO YEAR FORECAST
(update required quarterly)DATE PREPARED:
Paging Provider s Point of Connection (POC) (one form required per POC)
New POC
Existing POC
For Internal Use Only
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLL! Code (associated with NXX):
POC CLL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL PAGING NXX's associated with this POC: (Type 2 Paging Service is only available
to NXX's and associated POCs located within the geographical serving area of the
respective Qwest Local and LATAlToll Tandems)
Paaina Provider s EQuipment ReQuirements (check appropriate line(s))
Trunk Pulsing
Multifrequency (MF-Wink Start)
Common Channel Signaling (SS7)
Digits Required (4-10 digits):
Network Channel Interface - Digital only
(if DS3, identify both DS3 and DS1 level):DS3 DS1 AMI + SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
Usa~e Forecast - EAS Traffic
Year 1 Year 2
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Equivalent Trunks:Year 1 Year 2
Usa~e Forecast - Toll Traffic
Year 1 Year 2
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information
to this forecast, per Section 5.of the Agreement
Mail completed form to:Qwest
Type 2 Forecast Manager
250 Bell Plaza, Room 1001
Salt lake City, UT 84111
November 4, 2003/jld/RadioPaging - 10
COS-031106-0001
APPENDIX C
SAMPLE INVOICE
(Paging Provider Name)
(Street Address)
(City, State and Zip Code)
(Phone Number)
REIMBURSEMENT FOR TERMINATING QWEST ORIGINATED TRAFFIC
Invoice Number:
State:
Billing Period:
1. Number of Type 1 Trunks
2. MOU per Trunk
3. Rate per Type 1 Trunk
4. Compensable Traffic Factor
5. Reimbursement Due Type 1 Trunks (1 *2*3*4)
quantity)
6000
(insert rate)
(insert factor)
6. Number of Type 2 Trunks
7. MOU per Trunk
8. Rate per Type 2 Trunk
9. Compensable Traffic Factor
10. Reimbursement Due Type 2 Trunks (6*7*8*9)
(quantity)
6000
(insert rate)
(insert factor)
11. Subtotal Reimbursement (5+ 10)
12. Applicable Taxes
13. Total Reimbursement (11+12)
November 4 , 2003/jld/RadioPaging - 10
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