20060731Application.pdf

Maura E. Peterson
Paralegal
Regulatory Law
RECEIVED
2006 JUL 31 PH 2: 02
IDAHO PUBLIC
UTILITIES COMMISSION Qwest~
Spirit of Service
Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
Via Overnight delivery
July 27 , 2006
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
ex UJ E - 't-C 'y
-/
Re: Case No.
Application for Approval of Paging Connection Service Agreement
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of a Type 1 and Type 2 Paging Connection
Service Agreement. Qwest respectfully requests that this matter be placed on the
Commission Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matte
~,reIY,
Maura E. Pet so
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherrCfYqwest.com
RECEIVED
2006 JUL 31 PH 2: 02
IDAHO PUBLIC
UTILITIES COMMISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST CASE NO.QWt=--~-Ob-
CORPORATION FOR APPROVAL OF
THE INTERCONNECTION
AGREEMENT FOR THE STATE OF
IDAHO PURSUANT TO 47 U.c. ~252(e)
APPLICATION FOR APPROVAL OF
TYPE 1 AND TYPE 2 PAGING
CONNECTION SERVICE AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of
Interconnection Agreement ("Agreement"). The Agreement with Metrocall, Inc. ("Metrocall"
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
portion( s) 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.
Qwest respectfully submits that this Agreement provides no basis for either of these
findings, and, therefore requests that the Commission approve this Agreement expeditiously.
This Agreement is consistent with the public interest as identified in the pro-competitive policies
of the State ofldaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Agreement will enable Metrocall to
APPLICA TION FOR APPROVAL OF PAGING TYPE 1 AND TYPE 2
P AGING CONNECTION AGREEMENT -
Metrocall, Inc.
Page 1
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests 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 ):1~ay of July, 2006.
Qwest Corporation
Adam L. Sherr
Attorney for Qwest
APPLICA TION FOR APPROVAL OF PAGING TYPE 1 AND TYPE 2
PAGING CONNECTION AGREEMENT -Page 2
Metrocall, Inc.
CERTIFICATE OF SERVICE
:J 'l'f V-
I hereby certify that on this day of July, 2006, 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
O. Box 83720
Boise, Idaho 83720-0074
iiewell~puc.state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Metrocall, Inc.
Kathryn Wenrick - V ice President
2800 Technology Drive Suite 400
Piano, Texas 75074
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
~mai~
APPLICATION FOR APPROVAL OF PAGING TYPE 1 AND TYPE 2
P AGING CONNECTION AGREEMENT -Page 3
Metrocall, Inc.
TYPE 1 and TYPE 2
PAGING CONNECTION SERVICE AGREEMENT
between
Qwest Corporation
And
METROCALL, INC.
For the State of Idaho
AGREEMENT NUMBER
CDS-060707 -0003
Table of Contents
RESERVATION OF RIGHTS; CHANGES IN THE LAW........................................ 1
SCOPE OF AGREEMENT ...................................................................................... 2
DEFINITIONS..........................................................................................................
4. PAGING TRAFFIC ................................................................................................ 101. SCOPE.................... ...........................
"""""""
......... ........ .................. ............. 102. TVPES OF TRAFFIC ........................................................................................... 123. RATE STRUCTURE - TVPE 1 ..............................................................................4. RATE STRUCTURE - TVPE 2..............................................................................5. BILLING PARAMETERS ...................................................................................... 136. MISCELLANEOUS CHARGES .............................................................................. 147. EQUIPMENT INTERFACE """""""""""""""""""""""""""""""""""""""""" 148. COOPERATIVE TESTING .................................................................................... 149. NEW OR CHANGES TO PAGING CONNECTION SERVICE; FORECASTING............... 1410. MILEAGE MEASUREMENT .................................................................................. 155. INTERCONNECTION FACILITIES ....................................................................... 161. METHODS OF INTERCONNECTION ...................................................................... 162. QUALITY OF INTERCONNECTION ........................................................................6. TYPE 2 COMPENSATION FOR DELIVERY OF QWEST ORIGINATED TRAFFIC16
RESERVED FOR FUTURE USE .......................................................................... 18
SERVICE IMP AIRM ENT ....................................................................................... 18
COLLOCATION ....................................................................................................
10. ACCESS TO TELEPHONE NUMBERS ...............................................................
10.NUMBER RESOURCES ARRANGEMENTS. """"""""""""""""""""""""""""'" 19
SECTION 11.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (055)..............
11.DESCRIPTION ................................................................................................... 20
11.055 SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING................. 20
11.HOURS OF OPERATION ..................................................................................... 21
11.BILLING........................... ............................ .............. .............. ................... ......
11.OUTPUTS ............
"""" """"""""""""""""""""""
..................... .................... 21
11.MODIFICATIONS TO 055 INTERFACES............................................................... 21
11.PAGING PROVIDER RESPONSIBILITIES FOR IMPLEMENTATION OF 055 INTERFACES22
11.WHOLESALE SERVICES (WS) SYSTEMS HELP DESK ......................................... 22
11.INTENTIONALL v LEFT BLANK ............................................................................ 23
11.10 COMPENSATION/COST RECOVERV .................................................................... 23
12. TERM OF AGREEMENT ...................................................................................... 23
13.P A YM ENT ............................................................. ........
.......... .....
......................... 24
July 7, 2006/ccd/Metrocali/lD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
14. MISCELLANEOUS TERMS .................................................................................. 25
14.1. GENERAL PROVISIONS ..................................................................................... 25
14.3. TAXES... ............................................... ........ .................................................... 26
14.4. FORCE MAJEURE ............................................................................................. 26
14.5. LIMITATION OF LIABILITV .................................................................................. 26
14.6. INDEMNITY.
..................................................... ........................... ............
.... ...... 27
14.7. INTELLECTUAL PROPERTY ................................................................................ 28
14.8. WARRANTIES ................................................................................................... 30
14.9. ASSIGNMENT.............................................................................. ...................... 30
14.10. DEFAULT
................................................ .....
............... ........... ....................... 31
14.11. DISCLAIMER OF AGENCV ............................................................................... 31
14.12. NONDISCLOSURE .......................................................................................... 31
14.13. SURVIVAL................................................................................... ........ .......... 33
14.14. DISPUTE RESOLUTION ................................................................................... 33
14.15. CONTROLLING LAW ....................................................................................... 34
14.16. JOINT WORK PRODUCT ................................................................................. 34
14.17. RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION ............................... 35
14.18. NOTICES.......... .......................................... ........................................... ."..... 35
14.19. RESPONSIBILITY OF EACH PARTY .................................................................. 35
14.20. No THIRD PARTV BENEFICIARIES .................................................................. 36
14.21. REFERENCED DOCUMENTS............................................................................ 36
14.22. PUBLICITY........................ ............................ ..................................... ............ 36
14.23. AMENDMENT ................................................................................................. 37
14.24. EXECUTED IN COUNTERPARTS....................................................................... 37
14.25. HEADINGS OF No FORCE OR EFFECT............................................................. 37
14.26. REGULATORV ApPROVAL .............................................................................. 37
14.27. COMPLIANCE....... .............. ........................................................................... 37
14.28. COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW ENFORCEMENT
ACT OF 1994 ("CALEA"
) .............................................................................................
14.29 COOPERATION ................................................................................................. 38
14.30. AVAILABILITY OF OTHER AGREEMENTS .........................................................
14.31. ENTIRE AGREEMENT ..................................................................................... 38
15. BONA FIDE REQUEST ........................................................................................ 38
16.CONSTRUCTION CHARGES..... ...................................................... ...... ............. 40
APPENDIX A - RATES AND CHARGES DESCRIPTION..............................................
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE.......................................... 49
REIMBURSEMENT FOR TERMINATING TYPE 2 QWEST ORIGINATED TRAFFIC. 51
Exhibit A - Rate Sheets
July 7, 2006/ccd/Metrocall/ID
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
TYPE 1 and TYPE 2 PAGING CONNECTION SERVICE AGREEMENT
This Type 1 and Type 2 Paging Connection Service Agreement is between and Qwest
Corporation ("Qwest"), a Colorado corporation , and Metrocall, Inc, incorporated in the
State of Delaware ("Paging Provider ). Paging Provider and/or its affiliates (as defined
by current regulations of the Federal communications commission ("FCC) are currently
parties to interconnection agreements with Qwest.
Paging Provider is licensed to provide paging services by the Federal
Communications Commission ("FCC"). Qwest and Paging Provider both are engaged in
providing telecommunications and other services and have agreed to connect their
facilities for the purpose of delivering land to pager traffic.
WHEREAS , Paging Provider is a Commercial Mobile Radio Service provider
under the Communications Act of 1934, as amended (the "Act") licensed by the Federal
Communications Commission ("FCC"
WHEREAS, Qwest is an incumbent local exchange carrier ("ILEC"
NOW THEREFORE each Party, intending to be legally bound , hereby covenants
and agrees as follows:
RESERVATION OF RIGHTS; CHANGES IN THE LAW
The provisions in this Agreement are intended to be in compliance with
and based on the existing state of the law, rules, regulations and interpretations
thereof, including but not limited to state rules, regulations , and laws, as of March
2005 (the Existing Rules). Nothing in this Agreement shall be deemed an
admission by Qwest or Paging Provider concerning the interpretation or effect of
the Existing Rules or an admission by Qwest or Paging Provider that the Existing
Rules should not be changed , vacated, dismissed, stayed or modified. Nothing
in this Agreement shall preclude or estop Qwest or Paging Provider from taking
any position in any forum concerning the proper interpretation or effect of the
Existing Rules or concerning whether the Existing Rules should be changed
vacated, dismissed, stayed or modified. To the extent that the Existing Rules are
vacated, dismissed , stayed or materially changed or modified, then this
Agreement shall be amended to reflect such legally binding modification or
change of the Existing Rules. Where the Parties fail to agree upon such an
amendment within sixty (60) Days after notification from a Party seeking
amendment due to a modification or change of the Existing Rules or if any time
during such sixty (60) Day period the Parties shall have ceased to negotiate such
new terms for a continuous period of fifteen (15) Days, it shall be resolved in
accordance with the Dispute Resolution provision of this Agreement. It is
expressly understood that this Agreement will be corrected , or if requested by
Paging Provider, amended as set forth in this section, to reflect the outcome of
generic proceedings by the Commission for pricing, service standards, or other
matters covered by this Agreement. Any amendment shall be deemed effective
on the effective date of the legally binding change or modification of the Existing
Rules for rates, and to the extent practicable for other terms and conditions
unless otherwise ordered. Where a Party provides notice to the other Party
within thirty (30) Days of the effective date of an order issuing a legally binding
July 7, 2006/ccd/MetrocaIiIlD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
change, any resulting amendment shall be deemed effective on the effective date
of the legally binding change or modification of the Existing Rules for rates , and
to the extent practicable for other terms and conditions , unless otherwise
ordered. In the event neither Party provides notice within (thirty) 30 Days , the
effective date of the legally binding change shall be the Effective Date of the
amendment unless the Parties agree to a different date. During the pendency of
any negotiation for an amendment pur~uant to this Section , the Parties shall
continue to perform their obligations in accordance with the terms and conditions
of this Agreement. For purposes of this section
, "
legally binding" means that the
legal ruling has not been stayed, no request for a stay is pending, and any
deadline for requesting a stay designated by statute or regulation, has passed.
In addition to , but not in limitation of, Section 1.1. above , nothing
in this Agreement shall be deemed an admission by Qwest or Paging
Provider concerning the interpretation or effect of the FCC's decision and
rules adopted in In the Matter of Review of the Section 251 Unbundling
Obligations of Incumbent Local Exchange Carriers; Implementation of the
Local Competition Provisions of the Telecommunications Act of 1996;
Deployment of Wireline Services Offering Advanced Telecommunications
Capability, CC Docket Nos. 01-338, 96-98 and 98-147, nor rules
regulations and interpretations thereof, including but not limited to state
rules , regulations , and laws as they may be issued or promulgated
regarding the same ("Decision(s)"
).
Nothing in this Agreement shall
preclude or estop Qwest or Paging Provider from taking any position in
any forum concerning the proper interpretation or effect of Decisions or
concerning whether the Decision should be changed , vacated , dismissed
stayed or modified.
SCOPE OF AGREEMENT
This Agreement covers Type 1 and Type 2 Paging Connection Service
which consists only of those one-way, intraLATA/intrastate, land-to-pager trunks
which deliver calls from Qwest's End Users to Paging Provider s P~C. Upon
Commission approval of this Agreement, Qwest shall provide these trunks to itself
within the local calling area, without charge to the Paging Provider except as
defined in Sections 4.3 and 4.4. These trunks shall receive all incoming paging
calls at Qwest's Local Tandem , LATA Tandem , or Wire Center/End Office serving
the geographic area in which Paging Provider's P~C is located and shall deliver
paging traffic to Paging Provider POC(s). This Agreement includes all
accompanying appendices and attachments.
Facilities for Delivery of Third Party Traffic
Qwest will deliver calls it receives for Paging Provider from a third
party carrier to Paging Provider s pac over the same facilities and
trunks used to deliver Qwest's End User originated paging traffic.
Facilities for Delivery of Enhanced Services Traffic
This Agreement recognizes the unique status of traffic delivered to
enhanced service providers. For purposes of this Agreement
Enhanced Services traffic, such as voice-mail, that is not
incidental to Paging Provider primary business is not
Compensable Traffic. Additionally, traffic originated by one Party,
July 7 , 2006/ccd/Metrocali/lD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
2.4
and delivered to the other Party, which in turn delivers the traffic to
an Internet Service Provider (a) shall be deemed interstate in
nature, (b) shall not qualify as Compensable Traffic under this
Agreement, and (c) Qwest shall not be obligated to deliver such
traffic to Paging Provider under this Agreement.
In the performance of their obligations under this Agreement, the Parties
shall act in good faith and consistently with the intent of the Act. 'Where
notice, approval or similar action by a Party is permitted or required by
any provision of this Agreement, (including, without limit, the obligation of
the Parties to further negotiate the resolution of new or open issues under
this Agreement) such action shall not be unreasonably delayed, withheld
or conditioned.
Because Type 1 and Type 2 Paging Connection Service is provided by
Qwest for the purpose of completing Qwest-originated and Third Party
Traffic calls, all orders for Type 1 and Type 2 Paging Connection Service
are fulfilled by Qwest at its sole discretion , subject only to the provisions
of this Agreement. Paging Provider is not authorized and shall not
attempt to place orders to any telecommunications carrier for or on behalfof Qwest. Paging Provider agrees to pay Qwest for all
telecommunications services it orders or requests on its own behalf from
Qwest pursuant to applicable federal and state tariffs or separate written
agreements.
Qwest will not permit its own End Users to use Type 1 Paging Connection
Service to deliver traffic to Paging Provider 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 Qwest's network. Should Paging Provider desire to deliver
traffic to Qwest, the Parties shall negotiate in good faith a separate
agreement for two way traffic exchange. However, such an agreement
shall not supersede, amend or terminate this Agreement without the
Parties' express written instruction.
Delivery of Paging Traffic
1. Qwest's Type 1 and Type 2 Paging Connection Service delivers
paging traffic to the Paging Provider s POC(s) as identified in
Appendix B.
2. Pursuant to joint planning as specified in the Forecasting section of
this Agreement, and subject to Section 2.3 below 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
July 7, 2006/ccd/MetrocaIiIlD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
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.
Notwithstanding the other provisions of the Agreement, Qwest
agrees that it will only modify existing facilities used to provide
Paging Connection Service to Paging Provider as reasonably
required to accommodate changes in the volume of traffic
terminated over such facilities, and/or modifications to Qwest's
network during the term of this Agreement.
6.4. Paging Provider s and Qwest's equipment and systems will be
compatible, and will be consistent with normally accepted industry
standards as defined in Telcordia Technical Reference GR-145-
CORE entitled "Compatibility Information for Interconnection of a
Wireless Services Provider and a Local Exchange Carrier Network"
6.4.1. Paging Provider will provide a voice intercept
announcement or distinctive signals to the calling party when a
call is directed to a number that is not assigned.
6.4.2. When Qwest is not able to complete calls because
of malfunction, Qwest will provide proper voice announcement or
distinctive signals to the calling party advising that the call cannotbe completed.
6.4.3. Paging Provider and Qwest will provide supervisory
tones or voice announcements to the calling party on all calls
consistent with standard industry practices.
6.4.4 Paging Provider shall provide a sufficient quantity
of equipment ports to accommodate the number of trunks
provided by Qwest.
Type 1 and Type 2 Paging Connection Service shall be provided
upon Commission approval of this Agreement.
Type 1 Paging Connection Service
Paging Provider may designate new or additional
POCs anywhere within the LATA in Qwest territory.
Intentionally Left Blank
If Paging Provider has any full NXX codes deployed
July 7, 2006/ccd/MetrocaIiIlD .
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707 -0003
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.
Type 2 Paging Connection Service
Within a LATA, Paging Provider may designate
multiple POCs at which it wishes to receive paging traffic from
Qwest Each such P~C shall receive traffic from the Qwest Local
Tandem , LATA Tandem, or Wire Center/End Offices serving the
geographic area in which the P~C is located. Type 2 Paging
Connection Service shall never extend beyond the boundaries of
the geographic area of Qwest's Wire Center/End OfficefTandem
serving Paging Provider s pac. Qwest shall not be responsible for
providing, maintaining or paying for facilities used to connect Paging
Provider POC(s) to Paging Provider s equipment or network.
8. This Agreement is only for the delivery of land-to-pager traffic from
Qwest to Paging Provider s P~C and is not an undertaking by either Party
to provide the services of the other.
9. Any proposed post-installation changes of systems , operations or
services which would materially affect the other Party's system , operation or
services must be coordinated with the other Party by giving as much
advance notice as is reasonable, and in no event in less than ninety (90)
days, of the nature of the changes and when they will occur.
Non recurring charges incurred due to Paging
Provider's relocation or equipment change will be billed by Qwest
following its customary procedures.10. If the authorized service areas of Qwest or Paging Provider
change, the Parties agree to negotiate any necessary modifications to this
Agreement in good faith.
DEFINITIONS
1. "Act" means the Communications Act of 1934 (47 U.C. 151 etseq.), 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.
Reserved For Future Use.
3. "Calling Party Number" or "CPN" is a Common Channel Signaling
CCS") parameter which refers to the number transmitted through a network
identifying the calling party. Reference Qwest Technical Pub. 77342.
3.4. "Central Office Switch" means a switch used to provide
telecommunications services, and includes End Office Switches and Tandem
Office Switches.
July 7, 2006/ccd/Metrocall/ID
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707 -0003
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 intraLATA toll traffic and Local
Tandems exchange EAS/Local traffic.
5. "Collocation" is an arrangement where space is provided in a Qwest
Central Office for the placement of (Paging-ProviderJ's transmission equipment to
be used for the purpose of Interconnection with Qwest Unbundled Network
Elements or Local Interconnection Service. Qwest offers four Collocation
arrangements: Virtual Collocation , Physical Collocation, Cageless Physical
Collocation and Interconnection Distribution Frame (lCDF) Collocation.
6. "Commercial Mobile Radio Service
" ("
CMRS") is a mobile service that is:
(a)(1) provided for profit; (2) an interconnected service; and (3) available to the
public, or to such classes of eligible users as to be effectively available to a
substantial portion of the public; or (b) the functional equivalent of such a mobile
service described in (a) above.
7. "Commission" means the state regulatory agency with lawful jurisdiction
over telecommunications.
8. "Common Channel Signaling " or "CCS" means a method of digitally
transmitting call set-up and network control data over a special signaling network
fully separate from the public voice switched network elements that carry the
actual call. The CCS protocol used by the Parties shall be Signaling System 7.
9. "Compensable Traffic" means the portion of all traffic delivered by Qwest
to Paging Provider upon which terminating compensation is to be paid , if any, as
set forth in Appendix A.
10. "Dial Tone Office" means the Qwest Central Office in which the DID
numbers assigned to the Paging Provider are housed, which may be different
than the Serving Wire Center.
11. "Digital Signal Level" means one of several transmission rates in the time
division traffic aggregation hierarchy.
11.1. "Digital Signal Level 0" or "DSO" is the 64 KBPS worldwide
standard speed for digitizing one voice conversation using pulse code
modulation. There are 24 DSO channels in a DS1.
11.2. "Digital Signal Level 1" or "DS1" means the 1.544 MBPS 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.
July 7 , 2006/ccd/Metrocali/lD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707 -0003
11.3. "Digital Signal Level 3" or "DS3" means the 44.736 MBPS third-
level signal in the time-division traffic aggregation hierarchy. In the time-
division traffic aggregation hierarchy of the telephone network , DS3 is
defined as the third-level of traffic aggregation.
12. "End User(s)" means a third-party (residence or business) that subscribes
to Telecommunications Services provided by either of the Parties.
13. "Enhanced Services" are services offered over common Paging Provider
transmission facilities used in communications, which employ computer
processing applications that act on the format, content, code, protocol or similar
aspects of the subscriber transmitted information; provide the subscriber
additional , different or restructured information; or involve subscriber interaction
with stored information. Enhanced Services includes, but is not limited to
internet traffic and voicemail.
14. "FCC" means the Federal Communications Commission and any
successor federal agency that performs the same or substantially the same
regulatory functions.
15. "Interexchange Carrier" or "IXC" means a carrier that provides , directly or
indirectly, interLATA or intraLATA Telephone Toll Services.
16. "lnterLATA" 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 Qwest's IntraLATA toll
serving areas, as determined by the state Commission.
19. "LATA Tandem" will have the same meaning as "Toll Tandem" in the
context of this Agreement.
20. "Local Access and Transport Area (LATA)" means a contiguous
geographic area: (a) established before the date of enactment of the
Telecommunications Act of 1996 by a Bell operating company such that no
exchange area includes points within more than one metropolitan statistical area
consolidated metropolitan statistical area, or State , except as expressly permitted
under the AT&T Consent Decree; or (b) established or modified by a Bell
operating company after such date of enactment and approved by the FCC
21. "Local Calling Area" or "LCA" is a geographic area defined either by the
MT A or the Qwest Extended Area Service (EAS) boundaries.
21.1. "MTA/Local" means the geographic area defined by the
MT A within which Paging Provider provides CMRS services. Traffic
excluded from MTA/Local includes roaming traffic, as defined in the FCC
First Report and Order 96-325 47CFR 51701 (b) (2), and Switched
Access traffic.
July 7, 2006/ccd/Metrocall/ID
Type 1 & 2 Paging Model Agmt (January 6,2006)
Agreement Number CDS-060707 -0003
21.2. "Extended Area Service (EAS)/Local Traffic" means the
geographic area defined by the EAS boundaries as determined by the
Commission and defined in Qwest's Local and/or General Exchange
Service Tariff within 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 be EAS/Local for purposes of this
Agreement.
22. "Local Tandem" is a Qwest switching system that switches calls to and
from end offices within the state Commission defined wireline Local Calling Area
for call completion.
23. "MTA" or Major Trading Area" is a geographic area established in Rand
McNally s Commercial Atlas and Marketing Guide , as modified and used by the
FCC in defining CMRS license boundaries for CMRS providers for purposes of
Sections 251 and 252 of the Act.
24 "Miscellaneous Charges" mean charges that Qwest may assess in
addition to recurring and nonrecurring rates set forth in Exhibit A, for activities
Paging Provider requests Qwest to perform activities Paging Provider
authorizes, or charges that are a result of Paging Providers actions, such as
cancellation charges, expedite charges, and charges for additional labor and
maintenance. Miscellaneous Charges are not already included in Qwest's
recurring or nonrecurring rates. Miscellaneous Charges are listed in the
applicable tariff, catalog, or price list.
25. "Network Access Channel" or "NAC" means the dedicated facility
between the Paging Provider s POC and the Qwest Serving Wire Center. The
Channel is a DSO level connection and Channel Facility is either a DS1 or DS3
level connection. NAC is also commonly referred to as an Entrance Facility.
26. "Non-Local" is traffic that is interMT A, roaming, and/or Switched Access
traffic. For traffic delivered to Paging Provider, Non-Local includes all traffic
carried by an IXC, traffic destined for Paging Provider s subscribers that are
roaming in a different MTA, and all I nterMTA/I ntra LATA traffic.
27. "North American Numbering Plan" or "NANP" means the numbering plan
used in the United States that also serves Canada, Bermuda , Puerto Rico and
certain Caribbean Islands. The NANP format is a 10-digit number that consists
of a 3-digit NPA code (commonly referred to as the area code), followed by a 3-
digit NXX code and 4-digit line number.
28. "NXX" means the fourth, fifth and sixth digits of a ten-digit telephone
number, and designates a Central Office Code
29. "Order" means any order, writ, injunction, decree, stipulation, decision, or
award entered or rendered by the Commission or the FCC.
30. "Party" means either Qwest or Paging Provider and "Parties" means
Qwest and Paging Provider.
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31. "Point of Connection" or "POC" is the connection point(s) between Paging
Provider and Qwest; the technical interface(s), test point(s) and point(s) for
operational division of responsibility. Paging Provider must have at least one
physical POC in each LATA, and within Qwest serving territory, where Paging
Provider provides CMRS service. Additional POC's may be established as
described in Section 5 of this Agreement
32. "Rate Center" means the specific geographic point (the "Rating Point")
and corresponding geographic area that are associated with one or more
particular NPA-NXX codes that have been assigned to a telecommunications
carrier. The geographic point is identified by a specific vertical and horizontal ("
& H") coordinate that is used , in conjunction with the V & H coordinate of other
rate centers , by Qwest to calculate distance-sensitive rates for End User traffic.
33. "Serving Wire Center" (SWC) denotes the Qwest office from which dial
tone for local exchange service will, absent special arrangements, be provided to
Qwest End Users.
34 "Signaling Transfer Point" or "STP" means a signaling point that performs
message routing functions and provides information for the routing of messages
between signaling end points. An STP transmits, receives and processes
Common Channel Signaling ("CCS") messages.
35. "Switched Access Traffic or InterLATA Toll Traffic" as specifically defined
in Qwest's state and interstate switched access tariffs, enters the Qwest network
at the IXC point of presence, and is delivered to the Paging Provider s paging
terminal.
36. "Tariff' as used throughout this Agreement refers to Qwest interstate
tariffs and state tariffs, price lists , price schedules and catalog, as listed on the
website http//tariffs.uswestcom/", and service agreements, as further identified in
Appendix A.
37. "Telecommunications Services means the offering
telecommunications for a fee directly to the public, or to such classes of users as
to be effectively available directly to the public, regardless of the facilities used.
38. "Third Party Traffic" means both Transit Traffic and Non-Local Traffic.
39 "Traffic Type" is the characterization of traffic as "local" (local includes
EAS), "toll" traffic outside of the incumbent local exchange carrier s Local Calling
Area established by the applicable tariffs, or Transit Traffic as defined below.
3.40. "Transit Traffic" is traffic that originates with a telecommunications carrier
other than Qwest that transits Qwest's network and is delivered to the Paging
Provider s POCo The sending and receiving parties are not End Users of Qwest
the transiting tandem telecommunications carrier.
3.41. "Trunk Group" is a set of trunks of common routing origin and destination
and which serve a like purpose or function.
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Agreement Number CDS-060707-0003
3.42. "V and H Coordinate" means vertical and horizontal geographical cross
points on a map used to determine distance.
3.43. "Wire Center" denotes a building or space within a building, that serves as
an aggregation point on a given Paging Provider s network, where transmission
facilities are connected or switched. Wire Center can also denote a building
where one or more central offices, used for the provision of Basic Exchange
Telecommunications Services and access services, are located. A Serving Wire
Center typically serves a specific geographic area.
3.44. "Wireless Service Request" or "WSR" means the standard forms and
supporting documentation used for requesting Wireless Services. The WSR will
be used to request trunking and facilities between Paging Provider and Qwest for
Wireless Interconnection Service.
3.45. Terms not otherwise defined here , but defined in the Act or in regulations
implementing the Act, shall have the meaning defined there.
PAGING TRAFFIC
Scope
1. Traffic exchange covered by this Agreement is for one-way paging
service only. Other services are covered by separate contract, tariff or
price lists.
2. . Type 1 Paging Service is a one-way final route trunk group
between Qwest's Serving Wire Center, or in some circumstances the ~ial
Tone Office, and Paging'Providers' POC(s).1. Qwest provides the following: the transmission
medium; signaling and supervision. Maintenance and restoral are
provided as detailed in the applicable sections of the state tariffs.
Restoral is subject to the terms of the Telecommunications
Service Priority System (TSP) for National Security and
Emergency Preparedness Telecommunication (FCC #1 , Section
10.10).
3. As of the effective date of this Agreement, the Parties agree that
the existing Type 2 network interconnection architecture between Qwest
and Paging Provider meets the following requirements of this section.
Type 2 Service is one way intraLATA/intrastate final route Trunk group
between Qwest's Local and LATA/Toll Tandems (Type 2A) and End
Office Switches (Type 2B) and a Paging Provider single Point of
Connection (POC) or multiple POCs within the LATA. Each Type 2
Paging Service arrangement requires connection to both the Qwest Local
and LATA/Toll Tandems which serve the Rate Center assigned to the
Paging Provider s NNX. Additionally, when traffic volumes to an end
office reach 512 centum call seconds (ccs), a Type 2B high use trunk
group will be required to that end office. When a Local Tandem is not
available to provide Type 2A Local trunks, a Type 2B Full Group
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connection to each End Office within the EAS/Local Calling Area is
required or a Type 2A Trunk Group is required to the LATAlToll Tandem.
Qwest and Paging Provider shall utilize out of band signaling where
technically feasible for both Parties. Type 2A and 2B Services are
defined in the following paragraphs.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 a
Qwest Local Tandem to a Paging Provider s POC and
delivers traffic from NXXs served by the end offices
subtending the Local Tandem to the Paging Provider.
1.2. The Type 2A LATAlToll Tandem Service
connects Qwest LATAlToll Tandem to Paging
Provider s POC, and delivers traffic from the subtending
End Offices to the Toll Tandem.
Wireless Type 2B High Use Service
The Type 2B 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 localtandem. Type 2B High Use service is only available in
conjunction with an associated Type 2A service and is offered
only where facilities and operating conditions permit.
1. Pursuant to joint planning as specified in the
Forecasting section of this Agreement, Qwest will require
a Type 2B dedicated (i.e., direct) one-way Primary High
Use trunk group from the Paging Provider POC directly
to the Qwest end office. Type 2B High Use Service is
based on forecasted or actual traffic at Paging Provider
busy hour in centum call seconds (ccs), where there is a
DS1'worth of traffic (512 ccs) between Paging
Provider s POC and a Qwest end office. During peak
busy hours, an associated Type 2A local trunk group
accepts overflow traffic from the 2B High Use group.3. Wireless Type 2B Full Group Service
The Type 2B Full Group Service is a direct, one-way trunk group
connection between Paging Provider s POC and a Qwest End
Office, within the same LATA. Each 2B 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 2B direct final full trunk group configuration.
Only telephone numbers associated with the Qwest End Office
and the Paging Provider s POC are accessible from this trunk
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group.
1. A Type 2B 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
4.2.1.4. Non-Local traffic as defined in this Agreement.
Rate Structure - Type 1
Type 1 land to pager traffic will be exchanged on a Bill and Keep basis
between the Parties. This means that the facilities provided by Owest to
Paging Provider for traffic originating on or transiting Owest's network from
another carrier, will be provided at no charge to Paging Provider and
Paging Provider will not bill Owest usage charges for terminating Owest
originated traffic.
1. Connection from Serving Wire Center
Applicable rate elements for digital service include
channel and channel facility, connectivity and dial outpulsing.
Applicable rate elements for analog service include channel
connectivity and dial outpulsing. See Billing Parameters for
further definitions. The digital option is available only where Owest
facilities exist, or where the Paging Provider agrees to pay Special
Construction to build necessary facilities.
2. Connection to Distant Dial Tone Office1. 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
Owest facilities exist, or where the Paging Provider agrees to pay
Special Construction to build necessary facilities.
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2. Traffic Aggregation
Traffic aggregation options are available.
Rate Structure - Type 2
The Paging Provider will be billed recurring and non-recurring rates for the
portion of the Owest Type 2A 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
4.4.1. Dedicated Transport
When the Serving Wire Center of Paging Provider s POC is not
collocated with the Local and LATA/Toll Tandems (for 2A Paging
Service) or the End Office (for 2B Paging Service), Dedicated
Transport rate elements will apply.
4.4.2.2. Traffic Aggregation
Traffic aggregation options are available.
Billing Parameters
1. Channel DSO level. Connection to Paging Provider s Point of
Connection from the Serving Wire Center.
2. Channel Facility (for digital service) - DS1 level. Twenty-four
digital voice grade channels can be transmitted over one DS1 facility. A
full DS1 is necessary for the addition of voice grade channels even if
ordered in increments of less than 24. The transmission rate is 1.544
Mbps.
3: Channel Facility (for digital service) - DS3 level. Twenty-eight
DS1s , including their associated digital voice grade channels, can be
transmitted over one DS3 facility. When using a DS3 traffic aggregation
level, a full DS3 is necessary for the addition of DS1 s even if ordered in
increments of less than 28. The facility transmission rate is 44.736 Mpbs.
5.4. Channel Performance. Conditioning to extend signaling on a two-
wire analog channel when there is dedicated transport.
5. Dedicated Transport.1. With Type 1 Service, when the Serving Wire Center
is not the Dial Tone Office , Dedicated Transport is the
transmission path for the switched traffic from Owest's distant
Central Office to Owest's Serving Wire Center.2. With Type 2 Service, if the Serving Wire Center is
not the Owest Local or LATA/Toll Tandem, or the Type2B End
Office dedicated transport extends the channels/channel facility
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from the tandem/end office to the Serving Wire Center. The
interoffice facilities can be at a DSO, DS1 or DS3 level.
6. Traffic Aggregation.
Traffic aggregation performed at a Qwest End Office enables a DS1
Channel Facility or DS1 Dedicated Transport to be connected to a DSO
Dedicated Transport System. A DS3 Channel Facility or DS3 Dedicated
Transport will be multiplexed down to a DS1 level in order to connect with
the digital switch.
7. DID Numbers
DID numbers are billed a non-recurring charge pursuant to Section 5.3.4
of the Exchange and Network Services Tariff/Price List/Catalog.
Miscellaneous Charges
Miscellaneous Charges mean charges that Qwest may assess in addition
to recurring and nonrecurring rates set forth in Exhibit A, for activities
ClEC requests Qwest to perform , activities ClEC authorizes, or charges
that are a result of ClEC's actions, such as cancellation charges
expedite charges, and charges for additional labor and maintenance.
Miscellaneous Charges are not already included in Qwest's recurring or
nonrecurring rates. Miscellaneous Charges are listed are provided in the
applicable tariff, catalog, or price list.
, 4.Equipment Interface
It is the Paging Provider s responsibility to advise Qwest of the equipment
interface to be used at Paging Provider s POCo The technical requirements
for the equipment interface must be selected from those specified in
Appendix B. Available equipment interfaces specified in Appendix Bare
defined in Telcordia Reference Documents GR-145 - CORE & BR-795-403-
100.
Cooperative Testing
During installation, integrity testing, and ongoing maintenance activities, the
Parties will cooperate to ensure the integrity of the connection. Qwest and
Paging Provider will each do such maintenance testing and inspection of
their own equipment as may be necessary.
New or Changes to Paging Connection Service; Forecasting
1. Paging Provider may submit a request for Type 1 or Type 2
Paging Connection Service. When requesting Type 1 or Type 2 Paging
Connection Service, Paging Provider shall specify on the Wireless
Service Request: 1) the type and number of channels and channel
facilities; 2) the Common language location Identifier (ClL!) codes
associated with the POC and the Qwest Tandem or End Office; 3) and
when applicable, the Wire Center where the traffic aggregation is
performed.
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2. Qwest will evaluate the request in accordance with Section 2.6.2.
of this Agreement. Qwest shall advise Paging Provider of the analysis of
the request. The analysis shall specify Qwest's 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 POC 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
forecasts and any other sources of data which Qwest independently
selects and obtains to help determine the design and configuration
of Type 1 and Type 2 Paging Connection Service subject to
Section 2.3. Information included in the POC forecast form is for
Qwest's planning purposes only. Paging Provider must complete
the first POC Forecast form(s) prior to execution of this Agreement.
Thereafter, Paging Provider must complete and send Qwest
updated POC 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 of
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 POC Forecast form(s) as
appropriate.
10. Mileage Measurement
10.1. Where required , the mileage measurement for Type
dedicated transport is measured from the V&H coordinates of the Qwest
Dial Tone Office to the V&H of the Qwest Serving Wire Center.
10.2. Where required, the mileage measurement for Type 2 Service
facilities and trunks is measured from the V&H coordinates of the Qwest
Local or LATA/Toll Tandem or End Office to the V&H coordinates of the
Qwest Serving Wire Center.
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Type 1& 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
INTERCONNECTION FACILITIES
Methods of Interconnection
The location of the p~C will determine the method of interconnection.
The following arrangements for interconnection are available: (1)
Network Access Channel; (2) Collocation; (3) Mid-Span Meet facilities.
1. Network Access Channel1. A NAC facility extends from the Serving Wire
Center of Qwest to the Paging Provider s P~C location. NAC
facilities may not extend beyond the area served by Qwest's
Serving Wire Center. A NAC must always be provisioned with
Type 1 and Type 2 Service for connection , identification , and.
billing purposes.2. The digital option for NAC is available only where
technically feasible or where Paging Provider agrees to pay
Construction Charges to build necessary facilities.
2. Mid-Span Meet POI
A Mid-Span Meet POI is a negotiated point of connection, limited
to the joining of facilities between Qwest's switch and the Paging
Provider paging terminal. Mid-Span Meet POI may
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
arliangements offered by Qwest. The terms and conditions under
which Collocation will be offered are described in the Collocation
section of this Agreement.
Quality of Interconnection
Qwest will provision Paging Connection Service facilities in accordance
with current industry standards.
TYPE 2 COMPENSATION FOR DELIVERY OF QWEST ORIGINATED
TRAFFIC
1. Qwest will pay Paging Provider for the transport and termination of Type
2 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 monthly billing
period. Either Party may adjust the MOUs one time during the term of
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this Agreement based on the average of three consecutive months of
actual data. If the Parties do not agree on the adjusted MOUs, the
provisions of the Dispute Resolution section shall apply. Total paging
messages shall be converted to MOUs as follows: 1) the number of
messages will be aggregated at the end of the billing period by trunk
group, 2) the aggregated number of messages will be multiplied by the
average hold time in seconds and divided by 60 (to convert to minutes)
and 3) the result rounded to the nearest whole minute. In the absence of
actual hold time data , it will be assumed that average hold time per
paging message is 20 seconds.
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.
2. Paging Provider will issue a direct bill to Qwest for the transport and
termination of Type 2 Compensable Traffic based on the sample invoice in
Appendix C. This sample invoice shall also display any additional requirements
agreed upon by both Parties.
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).
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.
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Agreement Number CDS-060707-0003
RESERVED FOR FUTURE USE
SERVICE IMPAIRMENT
1. The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services, facilities or equipment of the
other Party shall not: 1) interfere with or impair service over any facilities of the
other Party; its affiliated companies, or its connecting and concurring carriers
involved in its services; 2) cause damage to their plant; 3) violate any applicable
law or regulation regarding the invasion of privacy of any communications carried
over the Party's facilities; or 4) create hazards to the employees of either Party or
to the public. Each of these requirements is hereinafter referred to as
Impairment of Service . Each Party shall use its best efforts to isolate a trouble
condition(s) to the other s facilities before reporting trouble to the other Party.
2. If either Party causes an impairment of service, as set forth in this Section
the Party (the "Impaired Party") shall promptly notify the Party causing the
impairment of service (the "Impairing Party") of the nature and location of the
problem. The Impaired Party shall advise the Impairing Party that, unless promptly
rectified, a temporary discontinuance' of the use of any circuit, facility or equipment
may be required. The Impairing Party and the Impaired Party agree to work
together to attempt to promptly resolve the Impairment of Service. If the Impairing
Party is unable to promptly remedy the Impairment of Service, the Impaired Party
may temporarily discontinue use of the affected circuit, facility or equipment.
3. When a Party reports trouble to the other Party, and no trouble is found in
the other Party's equipment, the reporting Party will be responsible for payment of
service maintenance charges as specified in 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.
8.4. No out-of-service credit will apply for the interruption involved if the
service maintenance charge applies as a result of the trouble not being in
Owest's equipment , but is, in fact, a result of a failure in the equipment or service
of Paging Provider.
5. To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Party shall
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 ( 800 ) 989-1296
This number shall give access to the location where facility records are normally
located and where current status reports on any trouble reports are readily
available.
6. Where new facilities, services and arrangements are installed , the TRCO
shall ensure that continuity exists and take appropriate transmission
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measurements before advising the other Party that the new circuit is ready for
service.
7. Each Party shall use its best efforts to isolate a trouble condition(s) to the
other s facilities before reporting trouble to the other Party.
COLLOCATION
Should the Parties desire to establish a Collocation relationship, through either
physical or virtual Collocation , the Parties will enter into an amendment to this
Agreement.
10.ACCESS TO TELEPHONE NUMBERS
10.Number Resources Arrangements.
10.1. Nothing in this Agreement shall be construed in any manner to
limit or otherwise adversely' impact either Party s right to the request and
assignment of any NANP number resources including, but not limited to,
central office (NXX) codes pursuant to the Central Office Code
Assignment Guidelines published by the Industry Numbering Committee
INC") as INC 95-0407-008 , formerly ICCF 93-0729-010). The latest
version of the Guidelines will be considered the current standard.
10.2. Each Party shall be responsible for notifying its End Users of any
changes in numbering or dialing arrangements to include changes such.
as the introduction of new NPAs or new NXX codes.
10.3. Paging Provider may request blocks of telephone numbers from
Qwest. Such blocks of telephone numbers will be assigned to the Paging
Provider from an NXX housed ' in the Qwest Dial Tone Office. This will
usually be the Serving Wire Center of the Paging Provider s paging
terminal location. In the event sufficient numbers are not available to
meet the Paging Provider s two year forecast, a new NXX, if practicable
will be assigned to the Dial Tone Office from which numbers will be
allocated. All numbers are assigned and administered by Qwest. The
Paging Provider performs subadministration (assigning specific numbers
to individual subscribers).
10.1.4. It shall be the responsibility of each Party to program and update
its own network systems pursuant to the Local Exchange Routing Guide
(LERG) to recognize and route traffic to the other Party s assigned NXX
codes. Neither Party shall impose any fees or charges whatsoever on the
other Party for such activities. The Parties will cooperate to establish
procedures to ensure the timely activation of NXX assignments in their
respective networks.
10.5. Each Party is responsible for administering NXX codes assigned
to it. Each Party is responsible for arranging LERG input for NXX codes
assigned to its equipment. Each Party shall use the LERG published by
Telcordia or its successor for obtaining routing information and shall
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provide through an authorized LERG input agent, all required information
regarding its network for maintaining the LERG in a timely manner.
SECTION 11.0 -ACCESS TO OPERATIONAL SUPPORT SYSTEMS (055)
11.Description
11.1 Owest has developed OSS interfaces using an electronic
gateway solution consistent with the design prescribed by the FCC
Docket 96-98, FCC 96-325 , paragraph 527. These gateways act as a
mediation or control point between Paging Provider s and Owest's
Operations Systems. These gateways provide security for the interface
protecting the integrity of the Owest network and its databases. Owest's
operational systems interfaces have been developed to support Pre-
ordering, Ordering and Provisioning, Maintenance and Repair and Billing.
Included below is a description of the products and functions supported
by Owest OSS interfaces and the technology used by each.
11.055 Support for Pre-Ordering, Ordering and Provisioning
11.1 ASR (Access Service Request) Ordering Process
11.1 Owest proposes the use of existing systems for orders
placed using the ASR (Access Service Request) process. Systems
in place today (EXACT) adhere to the existing standards directed
by OBF (Ordering and Billing Forum). EXACT has an interface that
accepts batch files via Connect Direct from customers. It is the
Paging Provider s responsibility to obtain the appropriate software
to access and interface with Owest systems.
11.2An alternative system managed by Owest is one that
customers access via dial-up. This system, TEllS , allows
customers to directly input ASRs into a secured database and the
customer can manage their ASRs accordingly. TEllS interfaces
through a batch file process with EXACT to correctly processASRs. It is the Paging Provider responsibility to obtain the
appropriate software to access and interface with Owest systems.
11.3Type 1 Interconnection can be ordered electronically via
EXACT and TEllS.
11.2 Functions
11.2.2.Access Service Request (ASH)
11.1 The ASR transaction allows Paging Provider to
submit an order.
11.Firm Order Confirmation (FOC)
11.Once an ASR is accepted by Owest, the assigned service
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order number(s) is returned to Paging Provider. Firm Order Confirmation
means that Qwest has received the ASR, issued the order and assigned
an order number for tracking. In addition , it identifies the due dates
Qwest assigns to the order.
11.3 Facility Based EDI Listing Process
11.The Facility Based EDI Listing Process is a single interface from
Paging Provider to Qwest. This interface is compliant with OBF ASOG and ANSI
ASC X.12 standards, version 4010. This interface enables Paging Provider
listing data to be translated and passed into the Qwest listing database. After
Qwest's daily batch processing, a Confirmation/Completion record (for every
PON provided on input) is returned to Paging Provider via an EDI 855
transaction.
11.2.Qwest will continue to make improvements to the electronic
interfaces as the technology evolves, providing notification to Paging Provider
consistent with the provisions of this Section.
11.Hours of Operation
11.1 Qwest Operational Support Systems will be available to Paging
Provider' consistent with the Qwest retail operations and internal
processes that support pre-ordering, ordering and provisioning,
maintenance and repair, and billing as they are described in this
Agreement.
11.Billing
11.4.1 For products billed out of the Qwest lABS system, Qwest will
utilize the existing CABS/BOS format and technology for the transmission
of bills.
11.Outputs
11.1 lABS Bill - The lABS (Interexchange Access Billing System) Bill
includes monthly and one time charges plus a summary of any usage
charges. These bills are segmented by product, LATA, billing account
number (BAN) and bill cycle. The lABS Bill media is only provided in the
following media:
Paper
NOM (Dedicated Circuit or dial-up)
Internet/WEB (read only)
Diskette
11.Modifications to 055 Interfaces
11.1 Paging Provider and Qwest agree to discuss the modification of
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OSS interfaces based upon evolving standards (e., data elements
protocols, transport networks, etc.) and guidelines issued by or
referenced by relevant Alliance for Telecommunication Industry Solution
(A TIS) Committees. Establishment of new, or changes to industry
standards and guidelines will be reviewed on no less than a quarterly
basis commencing on the effective date of this Agreement. This review
will consider standards and guidelines that have reached final closure as
well as those published in final form. Both Parties agree to evaluate
evolving standards and determine the relevant modification to
implemented based upon the latest approved version adopted or the
latest version reflecting final closure by the relevant A TIS committee or
subcommittee. The Parties will use reasonable effort to reach closure
upon the necessary changes within no more than three (3) months of
initiating each review and to implement the changes within nine (9)
months or earlier, if reasonably possible, unless there is agreement to a
different implementation schedule.
11.2 In the course of establishing operational ready system interfaces
between Qwest and Paging Provider to support local service delivery,
Paging Provider and Qwest may need to define and implement system
interface specifications that are supplemental to existing standards.
Paging Provider and Qwest will submit such specifications to the
appropriate standards committee and will work towards its acceptance as
a standard.
11.3 Release updates will be based on regulatory obligations as
dictated by the FCC or Commissions and, as time permits , the agreed to
changes requested by the FORUM. Qwest will provide to Paging
Provider the features list for modifications to the interface ninety (90)
Days prior to any release date. Specifications for interface modifications
will be provided to Paging Provider three (3) weeks prior to the release
date. Paging Provider is required to upgrade to the current release within
six (6) months of the installation date.
11.6.4 This Section constitutes the entirety of the OSS agreement.
Nothing beyond what is described herein should be implied or inferred.
11.Paging Provider Responsibilities for Implementation of 055 Interfaces
11.1 Before any Paging Provider implementation can begin , Paging
Provider must completely and accurately provide detailed information
needed by Qwest to establish service for Paging Provider.
11.Wholesale Services (WS) Systems Help Desk
11.1 The WS Systems Help Desk will provide a single point of entry for
Paging Provider to gain assistance in areas involving connectivity and
File Outputs. These areas are further described below.
11.Connectivity
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11.Connectivity covers trouble with Paging
Provider access to the Qwest System for modem
configuration requirements; T1 configuration and dial in
string requirements; firewall access configuration; SecurlD
configuration; Profile Setup and password verification.
11.File Outputs
11.File outputs system errors are limited to
lABS Bill and Category 11 Report.
11.The WS Systems Help Desk does not support
status or trouble while the Service Order is processing through the
ISC.
11.1.4 Hours of Operation
11.1.4.The WS Systems Help Desk is available
Monday through Friday, 6:00 a.m. until 8:00 p.m. Mountain
Time, excluding Qwest holidays.
11.Intentionally Left Blank
11.10 Compensation/Cost Recovery
11.10.Recurring and nonrecurring OSS startup charges, as applicable
will be billed at rates set forth in Exhibit A for Type 2 Paging Providers. Any such
rates will be consistent with Existing Rules. Qwest shall not impose any
recurring or nonrecurring OSS startup charges unless and until the Commission
authorizes Qwest to impose such charges and/or approves applicable rates at
the completion of appropriate cost docket proceedings.
12.TERM OF AGREEMENT
12.This Agreement shall become effective upon Commission approval
pursuant to Sections 251 and 252 of the Act, shall terminate five (5) years from
the execution date and shall be binding upon the Parties during that term. After
the date specified above, this Agreement shall continue in force and effect until
terminated by either Party providing one hundred sixty (160) days written notice
of termination to the other Party. The day the notice is served will determine the
starting point for a 160 day negotiation period (in accordance with 252(b)1 of the
Act). In the event of such termination , existing or pending service arrangements
made available under this Agreement shall continue in total without interruption
under either a) a new or adoption agreement executed by the Parties , or b) tariff
terms and conditions generally available to all Paging Providers.
12.1 If the Parties are unable to negotiate a new agreement during the
negotiation period described above, the window of opportunity to file for
arbitration to resolve outstanding contractual issues in accordance with
the Act will occur between days 135 and 160 of the 160 day notice period.
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12.2 If the Parties are able to reach agreement, this Agreement shall
continue for the brief period of time needed to secure the Commission
approval of an adoption or a new interconnection agreement. In the case
of Section 12., this Agreement will expire on the termination date
specified in the one hundred sixty (160) day notice referenced above
unless a petition for arbitration has been filed, but if such a petition has
been filed then this Agreement shall continue for the period necessary for
the Commission to act and resolve the disputed issues so that the Parties
will have an effective interconnection agreement.
13.PAYMENT
13.1. Amounts payable under this, Agreement are due and payable within thirty
(30) calendar days after the date of Owest'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 Owest
monthly billing under this Agreement, Paging Provider will notify Owest 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 Owest 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 Owest, Owest 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. Owest will determine Paging Provider s credit status based on previous
payment history with Owest or credit reports such as Dun and Bradstreet. If
Paging Provider has not established satisfactory credit with Owest or if Paging
Provider is repeatedly delinquent in making its payments, Owest 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 deposit may not exceed the estimated total
monthly charges for a two (2) month period. The deposit may be a surety bond
a letter of credit with terms and conditions acceptable to Owest or some other
form of mutually acceptable security such as a cash deposit. Required deposits
are due and payable within ten (10) calendar days after demand in accordance
with Commission requirements.
13.4. Interest will be paid on cash deposits at the rate applying to deposits
under applicable State Access tariff. Cash deposits and accrued interest will be
credited to Paging 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 of timely payments in full
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by Paging Provider. The fact that a deposit has been made does not relieve
Paging Provider from any requirements of this Agreement.
13.5. Qwest may review Paging Provider credit standing and modify the
amount of deposit required.
13.6. Qwest will ass~ss a late payment charge for any amounts not paid by the
payment due date. The late payment charge for amounts that are billed under
this Agreement shall be in accordance with State Access tariff/Commission Rules
and Orders.
14.MISCELLANEOUS TERMS
14.1. General Provisions
14.1. The Parties are each solely responsible for participation in .and
compliance with national network plans, including the National Network
Security Plan and Emergency Preparedness Plan.
14.2 Neither Party shall use any service related to or use any of the
services provided in this Agreement in any manner that interferes with
other persons in the use of their service , prevents other persons from
using their service , or otherwise impairs the quality of service to other
carriers or to either Party s End Users, and each Party may discontinue or
refuse service if the other Party violates this provision. Upon such
violation, either Party shall provide the other Party notice of such violation
at the earliest practicable time.
14.3. Each Party is solely responsible for the services it provides to its
End Users and to other telecommunications carriers.
14.1.4. The Parties shall work cooperatively to minimize fraud associated
with third-number billed calls, calling card calls , and any other services
related to this Agreement.
14.5 Nothing in this Agreement shall prevent either Party from seeking
to recover the costs and expenses, if any, it may incur in (a) complying
with and implementing its obligations under this Agreement, the Act, and
the rules, regulations and orders of the FCC and the Commission , and (b)
the development, modification, technical installation and maintenance of
any systems or other infrastructure which it requires to comply with and to
continue complying wHh its responsibilities and obligations under this
Agreement.
14.Insurance
The Parties agree that this Section relating-to insurance requirements for
the Parties has been deleted in its entirety; provided however, if either
Party requests an amendment to this Agreement for Collocation and/or
Poles, Ducts, Conduits, and Rights of Way, the amendment will require
the collocating or attaching Party to meet insurance requirements
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Agreement Number CDS-060707-0003
maintained by Qwest for other Telecommunications Carriers at the time of
the amendment.
14.3. Taxes
Each Party purchasing services hereunder shall payor otherwise be
responsible for all federal , state, or local sal , use , excise, gross
receipts, transaction or similar taxes, fees or surcharges levied against or
upon such purchasing Party (or the providing Party when such providing
Party is permitted to pass along to the purchasing Party such taxes, fees
or surcharges), except for any tax on either Party s corporate existence
status or net income. Whenever possible , these amounts shall be billed
as a separate item on the invoice. To the extent a sale is claimed to be
for resale tax exemption, the purchasing Party shall furnish the providing
Party a proper resale tax exemptibn 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.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 of
other persons or transportation facilities or acts or omissions of
transportation carriers (collectively, a "Force Majeure Event"). The Party
affected by a Force Majeure Event shall give prompt notice to the other
Party, shall be excused from performance of its obligations hereunder on
a day to day basis to the extent those obligations are prevented by the
Force Majeure Event, and shall use reasonable efforts to remove or
mitigate the Force Majeure Event. In the event of a labor dispute or strike
the Parties agree to provide service to each other at a level equivalent to
the level they provide themselves.
14.Limitation of Liability
14.1 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.
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14.2 Neither Party shall be liable to the other for indirect, incidental
consequential , or special damages, including (without limitation) damages
for lost profits, lost revenues , lost savings suffered by the other Party
regardless of the form of action, whether in contract, warranty, strict
liability, tort, including (without limitation) negligence of any kind and
regardless of whether the Parties know the possibility that such damages
could result.
14.3 Except for indemnity obligations or as otherwise set forth in this
Section , each Party s liability to the other Party for any loss relating to or
arising out of any act or omission in its performance of services or
functions provided under this Agreement, whether in contract or in tort
shall be limited to the total amount that is or would have been charged to
the other Party by such breaching Party for the service(s) or function(s)
not performed or improperly performed.
14.5.4 Nothing contained in this Section shall limit either Party s liability
to the other for intentional, malicious misconduct.
14.5 Nothing contained in this Section shall limit either Party
obligations of indemnification as specified in the Indemnity Section of this
Agreement.
14.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 on defective or
faulty services provided by the other Party to the one Party, each
of the Parties agrees to release, indemnify, defend and hold
harmless the other Party and each of its officers, directors
employees and agents (each an "Indemnitee ) from and against
and in respect of any loss, debt, liability, damage, obligation
claim, demand, judgment or settlement of any nature or kind,
known or unknown, liquidated or unliquidated including, but not
limited to, costs and attorneys' fees , whether suffered, made
instituted , or asserted by any other party or person , for invasion of
privacy, personal injury to or death of any person or persons, or
for loss, damage to; or destruction of property, whether or not
owned by others resulting from the indemnifying Party'
performance , breach of applicable law, or status of its employees
agents and subcontractors; or for failure to perform under this
Agreement, regardless of the form of action.
14.Where the third party claim is made by (or through)
an End User of one Party against the other Party, which claim is
based on defective or faulty services provided by the other Party
to the one Party then there shall be no obligation of indemnity
unless the act or omission giving rise to the defective or faulty
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services is shown to be intentional , malicious misconduct of the
other Party.
14.If the claim is made by (or through) an End User
and where a claim is in the nature of a claim for invasion of
privacy, libel , slander, or other claim based on the content of a
transmission, and it is made against a Party who is not the
immediate provider of the Telecommunications Service to the End
User (the indemnified provider), then in the absence of fault or
neglect on the part of the indemnified provider, the Party who is
the immediate seller of such Telecommunications Service shall
indemnify, defend and hold harmless the indemnified provider
from such claim.
14.2 The indemnification provided herein shall be conditioned upon:
14.The indemnified Party shall promptly notify the
indemnifying Party of any action taken against the indemnified
Party relating to the indemnification. Failure to so notify the
indemnifying Party shall not relieve the indemnifying Party of any
liability that the indemnifying Party might have , except to the
extent that such failure prejudices the indemnifying Party s ability
to defend such claim.
14.The indemnifying Party shall have sole authority to
defend any such action , including the selection of legal counsel
and the indemnified Party may engage separate legal counsel
only at its sole cost and expense.
14.In no event shall the indemnifying Party settle or
consent to any judgment pertaining to any such action without the
prior written consent of the indemnified Party.
14.7. Intellectual Property
14.1 Each Party hereby grants to the other Party the limited, personal
and nonexclusive right and license to use its patents, copyrights andtrade secrets but only to the extent necessary to implement this
Agreement or specifically required by the then applicable federal and
state rules and regulations relating to Interconnection and access to
telecommunications facilities and services, and for no other purposes.
Nothing in this Agreement shall be construed as the grant to the other
Party of any rights or licenses to trademarks.
14.2 The rights and licenses above are granted "AS IS" and the other
Party's exercise of any such right and license shall be at the sale and
exclusive risk of the other Party. Neither Party shall have any obligation
to defend , indemnify or hold harmless, or acquire any license or right for
the benefit of, or owe any other obligation or have any liability to, the
other based on or arising from any claim, demand , or proceeding
(hereinafter "claim ) by any third party alleging or asserting that the use of
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any circuit, apparatus, or system, or the use of any software, or the
performance of any service or method , or the provision of any facilities by
either Party under this Agreement constitutes infringement, or misuse or
misappropriation of any patent, copyright, trade secret, or any other
proprietary or intellectual property right of any third party.
14.3 As a condition to the access or use of patents, copyrights , trade
secrets and other intellectual property (including software) owned or
controlled by a third party to the extent necessary to implement this
Agreement or specifically required by the then applicable federal and
state rules and regulations relating to Interconnection and access to
telecommunications facilities and services, the Party providing access
may require the other upon written notice, from time to time , to obtain a
license or permission for such access or use, make all payments in
connection with obtaining such license, and provide evidence of such
license.
14.7.4 Except as expressly provided in this Intellectual Property Section
nothing in this Agreement shall be construed as the grant of a license
either express or implied, with respect to any patent, copyright, logo
trademark, tradename, trade secret or any other intellectual property right
now or hereafter owned, controlled or licensable by either Party. Neither
Party may use any patent , copyright, logo, trademark, tradename, trade
secret or other intellectual property right of the other Party or its affiliates
without execution of a separate agreement between the Parties.
14.5 Neither Party shall without the express written permission of the
other Party, state or imply that: 1) it is connected , or in any way affiliated
with the other or its affiliates, 2) it is part of a joint business association or
any similar arrangement with the other or its affiliates, 3) the other Party
and its affiliates are in any way sponsoring, endorsing or certifying it and
its goods and services, or 4) with respect to its advertising or promotional
activities or materials , that the resold goods and services are in any way
associated with or originated from the other or any of its affiliates. Nothing
in this paragraph shall prevent either Party from truthfully describing the
network elements it uses to provide service to its End Users, provided it
does not represent the network elements as originating from the other
Party or its affiliates.
14.6 Paging Provider acknowledges the value of the marks "Qwest"
and "Qwest" (the "Marks ) and the goodwill associated therewith and
acknowledges that such goodwill is a property right belonging to Qwest
Communications 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),
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register or seek to register any marks anywhere in the world which is
identical or confusingly similar to the Marks or which is so similar thereto
as to constitute a deceptive colorable imitation thereof or to suggest or
imply some association , sponsorship, or endorsement by the Owner. The
Owner makes no warranties regarding ownership of any rights in or the
validity of the Marks.
14.8. Warranties
NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS
MADE AND THAT THERE DOES NOT EXIST ANY WARRANTY
EXPRESS OR IMPLIED , INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
14.9. Assignment
14.1 Neither Party may assign or transfer (whether by operation of law
or otherwise) this Agreement (or any rights or obligations hereunder) to a
third party without the prior written consent of the other Party.
Notwithstanding the foregoing, either Party may assign or transfer this
Agreement to a corporate affiliate or an entity under its common control;
however if Paging Provider assignee or transferee has
Interconnection agreement with Owest, no assignment or transfer of this
Agreement shall be effective without the prior written consent of Owest.
Such consent shall include appropriate resolutions of conflicts and
discrepancies between the assignee s or transferee interconnection
agreement and this Agreement. Any attempted assignment or transfer
that is not permitted is void ab initio.Without limiting the generality of the
foregoing, this Agreement shall be binding upon and shall inure to the
benefit of the Parties' respective successors and assigns.
14.2 Without limiting the generality of the foregoing subsection , any
merger, dissolution , consolidation or other reorganization of Paging
Provider, or any sale , transfer, pledge or other disposition by Paging
Provider of securities representing more than 50% of the securities
entitled to vote in an election of Paging Provider s board of directors or
other similar governing body, or any sale, transfer, pledge or other
disposition by Paging Provider of substantially all of its assets , shall be
deemed a transfer of control. If any entity, other than Paging Provider
involved in such merger, dissolution, consolidation , reorganization, sale
transfer, pledge or other disposition of Paging Provider has an
interconnection agreement with Owest, 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.
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14.3 Qwest makes no representations or warranties regarding the
configuration , identity, or number of telephone exchanges covered by this
Agreement. Nothing in this Agreement, therefore, shall be deemed to
limit or restrict the right of Qwest to sell, lease, transfer, assign, or
hypothecate any of its assets, rights, title or interests in or to any of its
property or rights, including but not limited to the telephone exchange(s)
in which it conducts its business. Likewise nothing in this Agreement
shall be deemed to limit or restrict the right of Qwest to acquire, buy,
procure , lease, or mortgage any assets , rights, title, or interest in or to any
property or rights , including but not limited to the telephone exchange(s)
in which it conducts its business. If Qwest should sell or otherwise
transfer and assign to an unaffiliated third party all 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 of
such sale or transfer as is reasonably possible.
14.10. Default
If either Party defaults in the payment of any amount due hereunder, or if
either Party violates any other material provision of this Agreement, and
such default or violation shall continue for thirty (30) calendar days after
written notice thereof, the other Party may seek relief in accordance with
the Dispute Resolution provision of this Agreement. The failure of either
Party to enforce any of the provisions of this Agreement or the waiver
thereof in any instance shall not be construed as a general waiver or
relinquishment on its part of any such provision, but the same shall
nevertheless , be and remain in full force and effect.
14.11. Disclaimer of Agency
Except for provisions herein expressly authorizing a Party to act for
another, nothing in this Agreement shall constitute a Party as a legal
representative or agent of the other Party, nor shall a Party have the right
or authority to assume, create or incur any liability or any obligation of any
kind , express or implied , against or in the name or on behalf of the other
Party unless otherwise expressly permitted by such other Party. Except
as otherwise expressly provided in this Agreement, no Party undertakes
to perform any obligation of the other Party whether regulatory or
contractual, or to assume any responsibility for the management of the
other Party s business.
14.12. Nondisclosure
14.12.1. All information, including but not limited to specifications
microfilm, photocopies, magnetic disks, magnetic tapes, drawings
sketches, models, samples , tools, technical information, data, employee
records, maps, financial reports, and market data, (i) furnished by one
Party to the other Party dealing with End User specific, facility specific, orusage specific information other than end User information
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communicated for the purpose of providing directory assistance or
publication of directory database or (ii) in written , graphic
electromagnetic, or other tangible form and marked at the time of delivery
as "Confidential" or "Proprietary , or (Hi) communicated and declared to
the receiving Party at the time of delivery, or by written notice given to the
receiving Party within ten (10) calendar days after delivery, to be
Confidential" or "Proprietary" (collectively referred to . as "Proprietary
Information ), shall remain the property of the disclosing Party. A Party
who receives Proprietary Information via an oral communication may
request written confirmation that the material is Proprietary Information. A
Party who delivers Proprietary Information via an oral communication may
request written confirmation that the Party receiving the information
understands that the material is Proprietary Information.
14.12.2. 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.
14.12.3. Each Party shall endeavor to keep all of the other Party
Proprietary Information confidential using the same degree of care as the
receiving Party uses for its own confidential information of similar
importance and shall use the other Party s Proprietary Information only in
connection with performance of this Agreement. Neither Party shall use
the other Party s Proprietary Information for any other purpose except
upon such terms and conditions as may be agreed upon between the
Parties in writing.
14.12.4. Unless otherwise agreed , the obligations of confidentiality
and non-use set forth in this Agreement do not apply to such Proprietary
Information as:
14.12.4.1. was at the time of receipt already known to the
receiving Party free of any obligation to keep it confidential
evidenced by written records prepared prior to delivery by the
disclosing Party; or
14.12.4.2. is or becomes publicly known through no wrongful
act of the receiving Party; or
14.12.4.3. is rightfully received from a third person having no
direct or indirect secrecy or confidentiality obligation to the
disclosing Party with respect to such information; or
14.12.4.4. is independently developed by an employee, agent
- or contractor of the receiving Party which individual is not involved
in any manner with the provision of services pursuant to the
Agreement and does not have any direct or indirect access to the
Proprietary Information; or
14.12.4.is disclosed to a third person by the disclosing
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Party without similar restrictions on such third person s rights; or
14.12.4.6. is approved for release by written authorization of
the disclosing Party; or
14.12.4.7. is required to be made public by the receiving Party
pursuant to applicable law or regulation 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.
14.12.5. Nothing herein is intended to prohibit a Party from
supplying factual information about its network and Telecommunications
Services on or connected to its network to regulatory agencies including
the Federal Communications Commission and the Commission so long
as any confidential obligation is protected.
14.12.6. Effective Date of this Section. Notwithstanding any other
provision of this Agreement, the Proprietary Information provisions of this
Agreement shall apply to all Proprietary Information furnished by either
Party to the other in furtherance of the purpose of this Agreement, even if
furnished before the date of this Agreement.
14.13. Survival
Any liabilities or obligations of a Party for acts or omissions prior to the
cancellation or termination of this Agreement; any obligation of a Party
under the provisions regarding indemnification, Confidential or Proprietary
Information , limitations of liability, and any other provisions of this
Agreement which , by their terms, are contemplated to survive (or to be
performed after) termination of this Agreement, shall survive cancellation
or termination hereof.
14.14. Dispute Resolution
14.14.If any claim, controversy or dispute between the Parties,
their agents, employees, officers, directors or affiliated agents should
arise, and the Parties do not resolve it in the ordinary course of their
dealings (the "Dispute ), then it shall be resolved in accordance with the
dispute resolution process set forth in this Section. Each notice of
default, unless cured within the applicable cure period , shall be resolved
in accordance herewith.
14.14.At the written request of either Party, and prior to any other
formal dispute resolution proceedings, each Party shall designate an
officer-level employee , at no less than the vice president level , to review
meet, and negotiate, in good faith , to resolve the Dispute. The Parties
intend that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions shall be at the discretion of the
representatives. By mutual agreement, the representatives may use
July 7, 2006/ccd/Metrocall/lD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-G60707-0003
other procedures, such as mediation, to assist in these negotiations. The
discussions and correspondence among the representatives for the
purposes of these negotiations shall be treated as Confidential
Information developed for purposes of settlement, and shall be exempt
from discovery and production, and shall not be admissible in any
subsequent arbitration or other proceedings without the concurrence of
both of the Parties.
14.14.If the vice-presidential level representatives have not
reached a resolution of the Dispute within thirty (30) calendar days after
the matter is referred to them, then either Party may demand that the
Dispute be settled by arbitration. Such an arbitration proceeding shall be
conducted by single arbitrator knowledgeable about the
telecommunications industry. The arbitration proceedings shall be
conducted under the then current rules of the American Arbitration
Association (liMA"). 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 MA rules shall apply. The arbitrator
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's compliance with the dispute resolution process set
forth herein , and the court directs or otherwise requires compliance
herewith, then all of the costs and expenses , including its reasonable
attorney fees , incurred by the Party requesting such enforcement shall be
re!mbursed by the non-complying Party to the requesting Party.
14.14.No Dispute, regardless of the form of action, arising out of
this Agreement, may be brought by either Party more than two (2) years
after the cause of action accrues.
14.15. Controlling Law
This Agreement was negotiated by the Parties in accordance with the
terms of the Act and the laws of the state where service is provided
hereunder. It shall be interpreted solely in accordance with the terms of
the Act and the applicable state law in the state where the service is
provided.
14.16. Joint Work Product
This Agreement is the joint work product of the Parties and has been
negotiated by the Parties and their respective counsel and shall be fairly
interpreted in accordance with its terms and, in the event of any
July 7, 2006/ccd/MetrocaIiIlD
Type 1 & 2 Paging Model Agmt (January 6 , 2006)
Agreement Number CDS-060707 -0003
ambiguities, no inferences shall be drawn against either Party.
14.17. Responsibility for Environmental Contamination
Neither Party shall be liable to the other for any costs whatsoever
resulting from the presence or release of any environmental hazard that
either Party did not introduce to the affected work location. Both Parties
shall defend and hold harmless the other, its officers, directors and
employees from and against any losses, damages , claims, demands,
suits, liabilities , fines, penalties and expenses (including reasonable
attorneys' fees) that arise out of or result from (i) any environmental
hazard that the indemnifying Party, its contractors or agents introduce to
the work locations or (ii) the presence or release of any environmental
hazard for which the indemnifying Party is responsible under applicable
law.
14.18. Notices
Any notices required by or concerning this Agreement shall be sent to the
Parties at the addresses shown below:
Qwest Corporation
Director Interconnection Agreements
1801 California Street, Room 2410
Denver, CO 80202
Phone - 303-965-3029
Facsimile - 303-896-7077
Email - IntAgree(Qtqwestcom
With copy to:
Qwest Corporation Law Department
General Counsel, Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
And to Paging Provider:
Metrocall, Inc.
Kathryn Wenrick
Vice President
2800 Technology Drive Suite 400
Piano, Texas, 75074
972-801-1626
972-801-1699
kitty. wenrick(Qtusamobility. com
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
July 7, 2006/ccd/Metrocall/ID
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707 -0003
responsible for proper handling, storage, transport and disposal at its own
expense of all (i) substances or materials that it or its contractors or
agents bring to, create or assume control over at work locations or, (ii)
waste resulting therefrom or otherwise generated in connection with its or
its contractors' or agents ' activities at the work locations. Subject to the
limitations on liability and except as otherwise provided in this Agreement
each Party shall be responsible for (i) its own acts and performance of all
obligations imposed by applicable law in connection with its activities
legal status and property, real or personal and , (ii) the acts of its own
affiliates, employees, agents and contractors during the performance of
that Party s obligations hereunder.
14.20. No Third Party Beneficiaries
This Agreement does not provide and shall not be construed to provide
third parties with any remedy, claim , liability, reimbursement, cause of
action, or other privilege.
14.21. Referenced Documents
All references to Sections shall be deemed to be references to Sections
of this Agreement unless the context shall otherwise require. Whenever
any provision of this Agreement refers to a technical reference, technical
publication, Paging Provider practice, Qwest practice, any publication of
telecommunications industry administrative or technical standards, or any
other document specifically incorporated into this Agreement, it will be
deemed to be a reference to the most recent version or edition (including
any amendments , supplements , addenda, or successors) of such
document that is in effect, and will include the most recent version or
edition (including any amendments, supplements addenda, or
successors) of each document incorporated by reference in such
technical reference, technical publication, Paging Provider practice
Qwest practice, or publication of industry standards. The existing
configuration of either Party'network may not be in immediate
compliance with the latest release of applicable referenced documents.
14.22. Publicity
Neither Party shall publish or use any publicity materials with respect to
the execution and delivery or existence of this Agreement without the
prior written approval of the other Party.
July 1, 2006/ccd/Metrocall/ID
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060101 -0003
14.23. Amendment
Paging Provider and Qwest may mutually agree to amend this Agreement
in writing. Since it is possible that amendments to this Agreement may be
needed to fully satisfy the purposes and objectives of this Agreement, the
Parties agree to work cooperatively, promptly and in good faith to
negotiate and implement any such additions , changes and corrections to
this Agreement.
Executed in Counterparts14.24.
This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original; but such counterparts shall together
constitute one and the same instrument.
14.25. Headings of No Force or Effect
The headings of Articles and Sections of this Agreement are for
convenience of reference only, and shall in no way define , modify or
restrict the meaning or interpretation of the terms or provisions of this
Agreement.
14.26. Regulatory Approval
The Parties understand and agree that this Agreement will be filed with
the Commission for approval. In the event the Commission rejects any
portion of this Agreement, renders it inoperable or creates an ambiguity
that requires further amendment, the Parties agree to meet and negotiate
in good faith to arrive at a mutually acceptable modification.
14.27. Compliance
Each Party shall comply with all applicable federal , state, and local laws
rules and regulations applicable to its performance under this Agreement.
Without limiting the foregoing, Qwest and Paging Provider agree to take
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.
July 7, 2006/ccd/MetrocaIIlID
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707 -0003
14.29 Cooperation
The Parties agree that this Agreement involves the provision of Qwest
services in ways such services were not previously available and the
introduction of new processes and procedures to provide and bill such
services. Accordingly, the Parties agree to work jointly and cooperatively
in testing and implementing processes for maintenance, provisioning and
billing and in reasonably resolving issues which result from such
implementation on a timely basis.
14.30. Availability of Other Agreements
With regard to the availability of other agreements, the Parties agree that
the provisions of Section 252(i) of the Act shall apply, including state and
federal, Commission and court interpretive regulations and decisions in
effect from time to time.
14.31.Entire Agreement
This Agreement constitutes the entire agreement between the Parties and
supersedes all prior oral or written agreements, representations
statements, negotiations , understandings, proposals and undertakings
with respect to the subject matter hereof. The Agreement contained
herein is intended to supersede and replace the existing interconnection
agreements and associated amendments between Qwest and Paging
Provider, as listed below, and as of the date on which this Agreement is
approved by the regulatory commission for the State of Idaho.
Paging Connection Agreement between U S WEST Communications
Inc. and Arch Paging, Inc. and Mobile Communications Corporation of
America , for the State of Idaho, that was executed on June 22, 2000.
Paging Connection Agreement between Qwest Corporation f/k/a
US WEST Communications , Inc. and Metrocall , Inc., for the State of
Idaho, that was executed on April 16, 2002.
Paging Provider hereby assumes any and all past liabilities incurred by
and benefits (Le. credits) owed to its affiliates listed in the prior sentence
pursuant to the aforementioned superseded interconnect agreements.
15.BONA FIDE REQUEST
15.1. Any request for Interconnection that is not already available as described
herein shall be treated as a Bona Fide Request (BFR). Qwest shall use the BFR
Process to determine the terms and timetable for providing the requested
Interconnection, if available, and the technical feasibility of new/different points of
Interconnection. Qwest will administer the BFR Process in a nondiscriminatory
manner.
15.2. A BFR shall be submitted in writing and on the appropriate Qwest form for
BFRs. Paging Provider and Qwest will work together to prepare the BFR form.
July 7 , 2006/ccd/Metrocall/ID
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
This form shall be accompanied by the non-refundable Processing Fee specified
in Appendix A of this Agreement. The form will request, and Paging Provider will
need to provide, at a minimum: (a) a new/different points of Interconnection; (b)
the desired interface specification; (c) each requested type of Interconnection or
access; (d) a statement that the Interconnection will be used to provide a
Telecommunications Service; (e) the quantity requested; and (f) the specific
location requested.
15.3. Within fifteen (15) business days of its receipt, Qwest shall acknowledge
receipt of the BFR and in such acknowledgment advise Paging Provider of
missing information , if any, necessary to process the BFR. Thereafter, Qwest
shall promptly advise Paging Provider of the need for any additional information
required to complete the analysis of the BFR.
15.4. Within thirty (30) business days of its receipt of the BFR and all
information necessary to process it, Qwest shall provide to Paging Provider a
preliminary analysis of the BFR. The preliminary analysis shall specify Qwest's
conclusions as to whether or not the requested Interconnection complies with the
requirements set forth above.
15.4.1. If Qwest determines during the thirty (30) day period that a BFR
does not qualify as Interconnection that is required to be provided under
the Act, Qwest shall advise Paging Provider as soon as reasonably
possible of that fact, and Qwest shall promptly, but in no case later than
ten business days after making such a determination , provide a written
report setting forth the basis for its conclusion.
15.4.2. If Qwest determines during the thirty (30) day period that the BFR
qualifies under the Act, it shall notify Paging Provider in writing of such
determination within ten (10) business days.
15.4.3. As soon as feasible, but in any case within ninety (90) business
days after Qwest notifies Paging Provider that the BFR qualifies under the
Act, Qwest shall provide to Paging Provider a BFR quote. The BFR
quote will include, at a minimum, a description of each Interconnectionthe quantity to be provided, any interface specifications, and the
applicable rates (recurring and nonrecurring) including the separately
stated development costs and construction charges of the Interconnection
and any minimum volume and term commitments required.
15.If Qwest has indicated minimum volume and term commitments, then
within thirty (30) business days of its receipt of the BFR quote , Paging Provider
must either agree to purchase under those commitments, cancel its BFR, or seek
mediation or arbitration.
15.If Paging Provider has agreed to minimum volume and term commitments
under the preceding paragraph, Paging Provider may cancel the BFR or volume
and term commitment at any time, but in the event of such cancellation Paging
Provider will pay Qwest's reasonable development costs incurred in providing the
Interconnection to the extent that those development costs are not otherwise
amortized.
July 7, 2006/ccd/Metrocall/lD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707 -0003
15.If either Party believes that the other Party is not requesting, negotiating
or processing any BFR in good faith, or disputes a determination , or quoted price
or cost, it may seek arbitration pursuant to the Dispute Resolution provision of
this Agreement.
16.CONSTRUCTION CHARGES
16.1. All rates, charges and initial service periods specified in this Agreement
contemplate the provision of network Interconnection services to the extent
existing facilities are available. Except for modifications to existing facilities
necessary to accommodate Interconnection specifically provided for in this
Agreement , Qwest will consider requests to build additional or further facilities for
network Interconnection as described in the applicable Section of this
Agreement.
16.2. All necessary construction will be undertaken at the discretion of Qwest
consistent with budgetarY responsibilities, consideration for the impact on the
general body of End Users, and without discrimination among the various
carriers.
16.3. A quote for Paging Provider s portion of a specific job will be provided to
Paging Provider. The quote will be in writing and will be binding for ninety (90)
business days after the issue date. When accepted, Paging Provider will be
billed the quoted price and construction will commence after receipt of payment.
If Paging Provider chooses not to have Qwest construct the facilities , Qwest
reserves the right to bill Paging Provider for the expense incurred for producing
the engineered job design.
16.4. In the event a construction charge is applicable, Paging Provider s service
application date will become the date upon which Qwest receives the requiredpayment.
July 7 , 2006/ccd/MetrocaIl/ID
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
APPENDIX A - Rates and Charges Description
FACILITY CHARGES- All rates and charges are defined in Exhibit A.A. Type 1
(i)Between the Serving Wire Center serving Paging Provider s POC ,
Qwest will provide if applicable all facilities including the NAC or
Channel Facility, Connectivity, Dial Outpulsing, Channel
Performance, Multiplexing and Dedicated Transport at no charge
to Paging Provider.
(ii)Nonrecurring charges do not apply to Paging Provider for Type
facility changes initiated by Qwest. Qwest may assess 100% of
the nonrecurring charges for relocation or equipment changes
requested by Paging Provider.
Type 2
(i)Subject to Section 2., Paging Provider shall be obligated to
pay at the rates described in Exhibit A for the portion of the
facilities used to deliver Third Party Traffic based on the following
applicable Third Party Traffic percentage, as follows:
UT.
21.
26.
26.
24%
22.
26%
26%
22.
13.
31.45%
26%
17.05%
20%
24%
(ii) Nonrecurring charges only apply to Paging Provider for the portion
of the facilities used to deliver Third Party Traffic based on the Third Party
Traffic percentages described above. Qwest may assess 100 % of the
nonrecurring charges for relocation or equipment changes requested by
Paging Provider.
COMPENSATION FOR DELIVERY OF TYPE 2 QWEST ORIGINATED
TRAFFIC All rates and charges are defined in Exhibit A.
(i) Flat Rate per Trunk: Pursuant to Section 6, Qwest will
compensate Paging Provider on a monthly basis at a flat rate per trunk for
delivery of Type 2Qwest originated traffic as follows:
July 7, 2006/ccd/MetrocaIiIlD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
Type 2: 6 000 MOU per trunk times Compensable Traffic percentage
times applicable state specific end office rate (listed below), times
trunk quantity
AZ $.0009695CO $.00161IA $.00155810 $.003398MN $.00181MT $.001574NO $.001475NE $.00126NM $.002046OR $.00133SO $.00702UT Urban $.001427 , Suburban $.001654, Rural $.001798WA $.001178WY $.00092
Flat Rate per Trunk: Pursuant to Section 6 , upon establishment of an
actual three (3) month average Minutes of Use (MOU) per trunk group
type, Qwest will compensate Paging Provider on a monthly basis at a flat
rate per trunk for delivery of Type 2 Qwest originated traffic:
Type 2: Average MOU per trunk times Compensable Traffic
percentage times applicable state specific end office rate (listed
below), times trunk quantity
AZ $.0009695CO $.00161IA $.00155810 $.003398MN $.00181MT $.001574NO $.001475NE $.00126NM $.002046OR $.00133SO $.00702UT Urban $.001427, Suburban $.001654 , Rural $.001798WA $.001178WY $.00092
Compensable Traffic percentage equals one minus Third Party Traffic
percentage.
BFR PROCESSING FEE All rates and charges are defined in Exhibit A.
Pursuant to Section 15, Bona Fide Request, Qwest shall apply a fee as listed in
Exhibit A for processing each Bona Fide Request submitted by Paging Provider.
July 7, 2006/ccd/MetrocaIiIlD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM,
- TH~ 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):
P~C 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
July 1 , 2006/ccd/Metrocall/ID
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060101-0003
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 ~or 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
700 W Mineral Ave., MTD28.
Littleton , CO 80120
July 7, 2006/ccd/Metrocall/ID
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707 -0003
APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A TWO YEAR FORECAST
DATE PREPARED:(update required quarterly)
Paging Provider s Point of Connection (POC) (one form required er POCNew POC For Internal Use Only
Existing POC
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLL! Code (associated with NXX):
POC CLL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing ContactName:
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
July 7 , 2006/ccd/Metrocali/lD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
APPENDIX B - TVPE 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:
Title:Telephone Number:
Please attach additional major network project information to this forecast, per Section
2 of th~ Agreement
Mail completed form to:Owest
Type 1 Forecast Manger
700 W Mineral Ave., MTD28.
Littleton , CO 80120
July 7, 2006/ccd/MetrocaIiIlD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
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, lip:
Switch CLL! Code (associated with NXX):
pac 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 LATAlToli Tandems)
Paqinq 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 B8lS + SF
DS1 B8lS + ANSI ESF
DS1 B8lS + non-ANSI ESF
July 7, 2006/ccd/Metrocali/lD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
Usage 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
Usaqe Forecast - Toll Traffic
Year 1 Year 2
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use OnJy:
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information
to this forecast, per Section 4.2 of the Agreement
Mail completed form to:Owest
Type 2 Forecast Manager
700 W Mineral Ave., MTD28.
Littleton , CO 80120
July 7, 2006/ccd/Metrocali/lD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A TWO YEAR FORECAST
DATE PREPARED:(update required quarterly)
Paging Provider s Point of Connection (POC) (one form required per POC)
New POC
Existing POC
For Internal Use Only
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch 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 LATA/Toll Tandems)
PaQinQ 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 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS 1 B8ZS + non-ANSI ESF
July 7, 2006/ccd/MetrocaIiIlD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707 -0003
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
UsaQe 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
UsaQe 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 5.3 of the Agreement
Mail completed form to:Owest
Type 2 Forecast Manager
700 W Mineral Ave., MTD28.
Littleton, CO 80120
July 7, 2006/ccd/MetrocaIiIlD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707 -0003
. APPENDIX C
SAMPLE INVOICE
(Paging Provider Name)
(Street Address)
Number:
(City, State and Zip Code)
(Phone Number)
Invoice Date:
Invoice
Bill Due Date:
REIMBURSEMENT FOR TERMINATING TYPE 2 QWEST ORIGINATED
TRAFFIC
State:Billing Period:
Trunk Circuit In Number MOD Rate Compensable Reimbursement Applicable Total
Group Description of Type 2 Per Per Traffic Factor Due Type 2 Taxes Reimburse-
Trunks Trunk Type 2 (C*D*E*F*ment (G+H)
Trunk
(insert (insert (quantity)6000 , (insert (insert factor)
numberl circuit IDl rate 1
Total
ChaTl~e
July 7, 2006/ccd/Metrocali/lD
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707 -0003
TYPE 1 and TYPE 2 PAGING CONNECTION SERVICE AGREEMENT
This Type 1 and Type 2 Paging Connection Service Agreement, together with this
signature page, the general terms and conditions, Appendices, and Exhibits attached
hereto and incorporated herein (collectively, the "Agreemenf'), is between Owest
Corporation and Metrocall, Inc., a Delaware corporation, each identified for purposes of
this Agreement in the signature block below (collectively, the "Parties
).
This
Agreement may be executed in counterparts. The undersigned Parties have read and
agree to the terms and conditions set forth in the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized representatives.
Metrocall. Inc.
Printed Legal Name
c.P-----
Signat e
Qwest Corporation
---trcLd~
Signature
Kathryn Wenrick
Printed Name
L. 1. Christensen
Printed Name
Vice President - Telecom Services
Title ,-/I--a-
Director - Interconnection Agreements
Title
71t 71oCr:?
DateDate
July 7, 2006/ccd/Metrocall/ID
Type 1 & 2 Paging Model Agmt (January 6, 2006)
Agreement Number CDS-060707-0003
Paging Type 1 Exhibit A
Idaho
Select the appropriate type of contract below.EAS Local Traffic Reciprocal
For cost docket changes, leave blank:Compensation Election
Paging Traffic
Entrance Facilitv & TrunkinQ CharQes
AnaloQ
Wire Analog Channels, 1-Way In (Land to Mobile)MTZ1X $0.$0.
Wire Analog Channels, 1-Way In (Land to Mobile)MTJ1X $0.$0.
Dir:)ital
Wire Digital Channels, 1-Way In (Land to Mobile)M4W1X $0.
Entrance Facility
DS1 Level MF31X $0.$0.
DS3 Level MF33X $0.$0.
Intentionally Left Blank
Connectivitv
Analog, per Analog Channel CK6AX $0.
DS1 Level, per DS1 Facility CK61X $0.
DS1 Activated on a DS3 Facility, per DS1 Activated CK61X $0.
Channel Periormance
Loop Start PM2GG $0.
Ground Start PM2HG $0.
Loop with Reverse Battery PM2JG $0.
Dedicated Transport
Recurrinr:) Charr:)es
DSO
4.5.Over 0 to 8 Miles JZ3TA $0.$0.
XU2T1
1.2 Over 8 to 25 Miles JZ3TB $0.$0.
XU2T2
Over 25 to 50 Miles JZ3TC $0.$0.
XU2T3
1.4 Over 50 Miles JZ3TD $0.$0.
XU2T4
DS1
Over 0 to 8 Miles JZ3JA $0.$0,
XUWJ1
Over 8 to 25 Miles JZ3JB $0.$0.
XUWJ2
Over 25 to 50 Miles JZ3JC $0.$0.
XUWJ3
2.4 Over 50 Miles JZ3JD $0.$0.
XUWJ4
Multiplexing
DS1 to DSO MXG1X $0.$0.
DS3 to DS1 MXG3X $0.
Dial OutDulsinQ
Per Each 1-Wav In or 2-Way Channel (Land to Mobile)
Analog 2-Wire OUPAX $0.
Analog 4-Wire OUPDX $0.
Digital OUPDX $0.
Operational Support Systems
Development and Enhancements, per Order URCTC $0.
Ongoing Maintenance, per Order URCTD $0.
April 29, 2005
Owest Idaho 1 st Revision Page10f2
Paging Type 1 Exhibit A
Idaho
Daily Usage Record File, per Record
NOTES:
Unless otherwise indicated, all rates are pursuant to Idaho Public Utilities Commission dockets listed below:
B: Cost Docket QWE-01-11 , Order No. 29408 (January 5 2004) Rates effective January 5, 2004
* Type 1 land to pager traffic will be exchanged on a bill and keep basis between the Parties.
April 29, 2005
Qwest Idaho 1st Revision
$0.000000
851.
Page2of2
Paging Type 2 Exhibit A
Idaho
Select the appropriate type of contract below.EAS Local Traffic Reciprocal
For cost docket changes, leave blank:Compensation Election
Paqinq Traffic
Entrance Facility and Trunking Charges
Wire Analoa, Trunk-Side Termination
2A 1-Way-ln Paging P231X $9,$63,
Wire Analoq, Trunk-Side Termination
2A 1-Way-In Paging P431X $17,$63,
Wire Digital, Trunk-Side Termination
2A 1-Way-ln (Paging)
Initial P4Y1X $18,
Subsequent P4Y1X $18.
2B 1-Way-ln (Paging)
3.2.Initial MZW1X $55.
Subsequent M6Y1X $1,
1.4 Entrance Facility
DS1 MF31X $24.$50,
1.4.DS3 MF33X $125,$66,
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Dedicated Transport
Recurrina Charaes
DSO
Over 0 to 8 Miles JZ3TA $5,$0,
XU2T1
Over 8 to 25 Miles JZ3TB $5,$0.
XU2T2
Over 25 to 50 Miles JZ3TC $5.$0,
XU2T3
1.4 Over 50 Miles JZ3TD $5.$0.
XU2T4
1.2 DS1
Over 0 to 8 Miles JZ3JA $8,$0.
XUWJ1
Over 8 to 25 Miles JZ3JB $8,$0.44
XUWJ2
Over 25 to 50 Miles JZ3JC $8.$0.45
XUWJ3
1.2,Over 50 Miles JZ3JD $8.$0.46
XUWJ4
DS3
Over 0 to 8 Miles JZ3KA $61,$4.
XUWK1
Over 8 to 25 Miles JZ3KB $65.$5.
XUWK2
Over 25 to 50 Miles JZ3KC $62.$6.
XUWK3
Over 50 Miles JZ3KD $62,$6,
XUWK4
5.2 Intentionally Left Blank
Trunk Routinq Rearrangement
2A Direct Final to Alternate Final NRB2F $17.
2A Altemate Final to Direct Final NRB2H $17,
Multiplexing
DS1 to DSO MXG1X $63,$46,
April21 2005
Page10f2Qwest Idaho 1st Revision
Paging Type 2 Exhibit A
Idaho
Intentional! Left Blank
erOrder URCTC $5,
URCTD $1.40
er Record $0,000419
12B.
NOTES:
Unless otherwise indicated, all rates are pursuant to Idaho Public Utilities Commission Dockets:
Cost Docket QWE-01-11 , Order No. 2940B (January 5, 2004) rates effective January 5, 2004,
Rates are a result of applying a Idaho Transit Factor of 24%
April 21 , 2005
Qwest Idaho 1st Revision Page20f2