20081231Application.pdf

Qwest
1600 7th Avenue, Room 3206
Seatle, Washington 98191
[phone]
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Maura E. Peterson
Paralegal
Regulatory Law
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December 30, 2008
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
&.W'E-'--t/ø-(ORe: Case No.
Application for Approval of Paging Interconnection Agreement
PageData LLC
Dear Ms. Jewell:
Enclosed for fiing is an original and three copies of the Application for Approval of an
Interconnection Agreement between Qwest Corporation and PageData LLC. 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 t. atte.
mep
cc: Service list
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RECEIVr:r1. .' . J . . ,', . 'I .e,,.. ~;,'~
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherrêqwest.com
200S DEC 3 I AM 10: ~ 1
IDAHO PU8LiC
UTILITIES COMM!SSIOf'l
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
THE INTERCONNECTION
AGREEMENT FOR THE STATE OF
IDAHO PURSUANT TO 47 U.S.C. §252(e)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASENO.: QLúL-r- Ó~-(Ò
APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of
Interconnection Agreement ("Agreement"). The Agreement with PageData LLC ("PageData")
is submitted herewith.
This Agreement was reached through voluntar negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) ofthe 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 voluntar negotiations only if the Commission finds that: the agreement (or
portiones) thereof) discriminates against a telecommunications carrer not a pary 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 ofthese
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 ofIdaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Agreement wil enable PageData to
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
PageData LLC
Page 1
f ~
interconnect with Qwest facilities and to provide customers with increased choices among local. .paging services.
Qwest fuher requests that the Commission approve this Agreement without a hearng.
Because this Agreement was reached through v~luntar negotiations, it does not raise issues
requiring a hearng and does not concern other paries not a pary to the negotiations.
Expeditious approval would fuher the public interest.
Respectfully submitted this '3tly of December, 2008.
~Adam L. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
PageData LLC
Page 2
..
CERTIFICATE OF SERVICE
I hereby certify that on this;O~ay of December, 2008, I served the foregoing
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all
paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
j j ewell§puc.state.id. us
-- Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Attn: Telecom Admin
6610 Overland Road
Boise, ID 83709
Hand Delivery
X U. S. Mail
Overnight Delivery
Facsimile
Email//'/
~
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
PageData LLC
Page 3
Q,l.E--T-08- to
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 "Agreement"), is between Qwest
Corporation and PageData LLC, an Idaho company, 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.
PageData LLC
Printed Legal Name~l!/~Ak
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Printed ame
Qwutz~-1l~Signature
Larry Christensen
Printed Name
Titl~VVBPJr
/E/I--z;F
Date
Directopr - Interconnection Agreements
Title iHk
Date
October 14, 2008/rsd/PageData/lD/Agreement No. CDS-080917-0002
Qwest Paging Type 1 and Type 2 Template Agreement, April 30, 2007
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TYPE 1 and TYPE 2
PAGING CONNECTION SERVICE AGREEMENT
between
Qwest Corporation
And
PageData LLC
For the State of Idaho
AGREEMENT NUMBER
CDS-080917 -0002
October 14, 2008/rsd/PageDataJID/Agreement No. CDS-080917-0002
Qwest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 2
Table of Contents
1. RESERVATION OF RIGHTS; CHANGES IN THE LAW........................................1
2. INTERPRETATION AND CONSTRUCTION..........................................................2
3. DEFINITIONS ........................................................................................................4
4. TERMS AND CONDITIONS ..................................................................................9
4.1 G ENERALPROVISIONS ............ .............................................................................9
4.2 TERM OF AGREEMENT ........................................................................................10
4.3 PROOF OF AUTHORiZATION.................................................................................11
4.4 PAyMENT.....................................................................'......................................11
4.5 TAXES ..... ........................ ..................................................................................14
4.6 INSURANCE........................................................................................................14
4.7 FORCE MAJEURE ...............................................................................................14
4.8 LIMITATION OF LIABILITy......................... ............ ...............................................14
4.9 INDEMNITY .........................................................................................................15
4.10 INTELLECTUAL PROPERTY ............................................................................... 16
4.11 WARRANTIES..................................................................................................20
4.12 ASSIGNMENT ..................................................................................................20
4.13 DEFAULT ........................................................................................................20
4.14 DISCLAIMER OF AGENCY .................................................................................20
4.15 SEVERABILITY ................................................................................................21
4.16 NONDISCLOSURE ............................................................................................21
4.17 SURViVAL.......................................................................................................24
4.18 DISPUTE RESOLUTION.....................................................................................24
4.19 CONTROLLING LAW ........................................................................................25
4.20 RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION ..................................25
4.21 NOTiCES.........................................................................................................25
4.22 RESPONSIBILITY OF EACH PARTY ....................................................................26
4.23 No THIRD PARTY BENEFiCiARIES.....................................................................26
4.24 PUBLiCiTy.......................................................................................................26
4.25 EXECUTED IN COUNTERPARTS.........................................................................27
4.26 COMPLIANCE ..................................................................................................27
4.27 COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW ENFORCEMENT ACT
OF 199427
4.28 COOPERATION ................................................................................................27
4.29 AMENDMENTS.................................................................................................27
4.30 ENTIRE AGREEMENT .......................................................................................28
5. SCOPE OF AGREEMENT...................................................................................28
6. PAGING TRAFFIC ..............................................................................................31
6.1. SCOPE ...........................................................................................................31
6.2. TYPES OF TRAFFiC..........................................................................................32
6.3. RATE STRUCTURE - TYPE 1 .............................................................................32
6.4. RATE STRUCTURE - TYPE 2 .............................................................................33
October 14,. 2008frsdfPageDataii Df Agreement No. CDS-080917 -0002
Owest Paging Type 1 and Type 2 Template Agreement, April 30, 2007
6.5. BILLING PARAMETERS ....................................................................................33
6.6. MISCELLANEOUS CHARGES.............................................................................34
6.7. EQUIPMENT INTERFACE...................................................................................34
6.8. COOPERATIVE TESTING...................................................................................34
6.9. NEW OR CHANGES TO PAGING CONNECTION SERVICE; FORECASTlNG...............35
6.10. MILEAGE MEASUREMENT ................................................................................35
7. INTERCONNECTION FACILITIES......................................................................36
7.1. METHODS OF INTERCONNECTION .....................................................................36
7.2. QUALITY OF INTERCONNECTION.......................................................................36
8. (RESERVED FOR FUTURE USE).......................................................................36
9. SERVICE IMPAIRMENT......................................................................................36
10. COLLOCATION ..................................................................................................37
11. ACCESS TO TELEPHONE NUMBERS ..............................................................38
12. ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)...............................38
12.1 DEscRiPTioN.................................................................................................. 38
12.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING.................39
12.3 HOURS OF OPERATION....................................................................................40
12.4 BILLING..........................................................................................................40
12.5 OUTPUTS .......................................................................................................40
12.6 MODIFICATIONS TO OSS INTERFACES..............................................................40
12.7 PAGING PROVIDER RESPONSIBILITIES FOR IMPLEMENTATION OF OSS INTERFACES41
12.8 WHOLESALE SERVICES (WS) SYSTEMS HELP DESK.........................................41
12.9 COMPENsATioN/CosT RECOVERY ...................................................................41
13. BONA FIDE REQUEST (BFR) ............................................................................42
14. MISCELLANEOUS TERMS ................................................................................43
APPENDIX A - RATES AND CHARGES DESCRIPTION .............................................44
APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE .........................................45
EXHIBIT A - RATE SHEETS
October 14, 2008/rsd/PageDatalID/Agreement No. CDS-080917-0002
Qwest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 ii
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 PageData LLC, an Idaho
company, ("Paging Provider").
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 traffc.
WHEREAS, Paging Provider is a Commercial Mobile Radio Service provider
under the Communications Act of 1934, as amended (the "Acl') 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:
1. RESERVATION OF RIGHTS; CHANGES IN THE LAW
1.1 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 11, 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 fait 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
ResolLition 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 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
October 14,2008/rsd/PageData/l D/ Agreement No. CDS-080917 -0002
Qwest Paging Type 1 and Type 2 Template Agreement, April 30, 2007
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 pursuant
to this Section, the Parties shall continue to perform their obligations in accordance with
the terms and conditions of this Agreement. For purposes of this section, "legally
binding" means that the legal ruling has not been stayed, no request for a stay is
pending, and any deadline for requesting a stay designated by statute or regulation, has
passed.
1.1.1 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 Capabilty, 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.
2. INTERPRETATION AND CONSTRUCTION
2.1 This Agreement includes this Agreement and all Exhibits appended hereto, each
of which is hereby incorporated by reference in this Agreement and made a part hereof.
All references to Sections and Exhibits shall be deemed to be references to Sections of,
and Exhibits to, this Agreement unless the context shall otherwise require. The
headings and numbering of Sections and Exhibits used in this Agreement are for
convenience only and wil not be construed to define or limit any of the terms in this
Agreement or affect the meaning and interpretation of this Agreement. Unless the
context shall otherwise require, any reference to any statute, regulation, rule, Tariff,
technical reference, technical publication, or any publication of Telecommunications
industry administrative or technical standards, shall be deemed to be a reference to the
most recent version or edition (including any amendments, supplements, addenda, or
successor) of that statute, regulation, rule, Tariff, technical reference, technical
publication, or any publication of Telecommunications industry administrative or
technical standards that is in effect. Provided however, that nothing in this Section 2.1
shall be deemed or considered to limit or amend the provisions of Section 2.2. In the
event a change in a law, rule, regulation or interpretation thereof would materially
change this Agreement, the terms of Section 2.2 shall prevail over the terms of this
Section 2.1. In the case of any material change, any reference in this Agreement to
such law, rule, regulation or interpretation thereof will be to such law, rule, regulation or
interpretation thereof in effect immediately prior to such change until the processes set
forth in Section 2.2 are implemented. The existing configuration of either Party's
network may not be in compliance with the latest release of technical references,
technical publications, or publications of Telecommunications industry administrative or
technical standards.
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Qwest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 2
2.2 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 and federal rules, regulations, and laws, as of March
11,2005 (the Existing Rules). Nothing in this Agreement shall be deemed an admission
by Owest or Paging Provider concerning the interpretation or effect of the Existing Rules
or an admission by Owest or Paging Provider that the Existing Rules should not be
changed, vacated, dismissed, stayed or modified. Nothing in this Agreement shall
preclude or estop Owest or Paging Provider from taking any position in any forum
concerning the proper interpretation or effect 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 wil be corrected, or if requested by Paging Provider, amended as set forth
in this Section 2.2, to reflect the outcome of generic proceedings by the Commission for
pricing, service standards, or other matters covered by this Agreement. Rates in Exhibit
A will reflect legally binding decisions of the Commission and shall be applied on a
prospective basis from the effective date of the legally binding Commission decision,
unless otherwise ordered by the Commission. Where a Party provides notice to the
other Party within thirty (30) Days of the effective date of an order issuing a legally
binding 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
pursuant to this Section 2.2 the Parties shall continue to perform their obligations in
accordance with the terms and conditions of this Agreement, for up to sixty (60) Days. If
the Parties fail to agree on an amendment during the sixty (60) Day negotiation period,
the Parties agree that the first matter to be resolved during Dispute Resolution wil be
the implementation of an interim operating agreement between the Parties regarding the
disputed issues, to be effective during the pendency of Dispute Resolution. The Parties
agree that the interim operating agreement shall be determined and implemented within
the first fifteen (15) Days of Dispute Resolution and the Parties will continue to perform
their obligations in accordance with the terms and conditions of this Agreement, until the
interim operating agreement is implemented. For purposes of this section, "legally
binding" means that the legal ruling has not been stayed, no request for a stay is
pending, and any deadline for requesting a stay designated by statute or regulation, has
passed.
2.2.1 In addition to, but not in limitation of, Section 2.2 above, nothing in this
Agreement shall be deemed an admission by Owest or Paging Provider
concerning the interpretation or effect of any rule, regulation, statute, or
interpretations thereof, including but not limited to the FCC's Triennial Review
Order and/or its Triennial Review Remand Order and state rules, regulations,
and laws as they may be issued or promulgated. Nothing in this Agreement shall
October 14, 2008/rsd/PageData/ID/Agreement No. CDS-080917-0002
Owest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 3
preclude or estop Owest or Paging Provider from taking any position in any
forum concerning the proper interpretation or effect of any rule, regulation, or
statute, or concerning whether the foregoing should be changed, vacated,
dismissed, stayed or modified.
2.3 Unless otherwise specifically determined by the Commission, in cases of conflict
between this Agreement and Owests Tariffs, PCAT, methods and procedures, technical
publications, policies, product notifications or other Owest documentation relating to
Owests or Paging Provider's rights or obligations under this Agreement, then the rates,
terms, and conditions of this Agreement shall prevaiL. To the extent another document
abridges or expands the rights or obligations of either Part under this Agreement, the
rates, terms and conditions of this Agreement shall prevaiL.
3. DEFINITIONS
3.1. "Act" means the Communications Act of 1934 (47 U.S.C. 151 et.seq.), as
amended by the Telecommunications Act of 1996, and as from time to time interpreted
in the duly authorized rules and regulations of the Courts, FCC or competent regulatory
bodies.
3.2 "Bil and Keep" is as defined in the FCC's Order on Remand and Report and
Order in CC Docket 99-68 (Intercarrier Compensation for ISP Bound Traffic). Bill and
Keep is an arrangement where neither of two (2) interconnecting networks charges the
other for terminating traffic that originates on the other network. Instead, each network
recovers from its own End User Customers the cost of both originating traffic that it
delivers to the other network and terminating traffc that it receives from the other
network. Bill and Keep does not, however, preclude Intercarrier charges for transport of
traffic between Carriers' networks.
3.3. "Callng Party Number" or "CPN" is a Common Channel Signaling ("CCS")
parameter which refers to the number transmitted through a network identifying the
callng party. Reference Owest 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.
3.4.1. "End Offce 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.
3.5. "Collocation" is an arrangement where space is provided in a Owest Central
Office for the placement of Paging-Provider's transmission equipment to be used for the
purpose of Interconnection with Owest Unbundled Network Elements or Local
Interconnection Service. Owest offers four Collocation arrangements: Virtual
Collocation, Physical Collocation, Cageless Physical Collocation and Interconnection
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Owest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 4
Distribution Frame (ICDF) Collocation.
3.6. "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.
3.7. "Commission" means the state regulatory agency with lawful jurisdiction over
telecommunications.
3.8. "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.
3.9. "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.
3.10 "Day" means calendar days unless otherwise specified.
3.11. "Dial Tone Offce" 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.
3.12. "Digital Signal Level" means one of several transmission rates in the time
division traffic aggregation hierarchy.
3.12.1. "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.
3.12.2. "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.
3.12.3. "Digital Signal Level 3" or "DS3" means the 44.736 MBPS third-
level signal in the time-division traffc aggregation hierarchy. In the time-division
traffic aggregation hierarchy of the telephone network, DS3 is defined as the
third-level of traffc aggregation.
3.13. "End User(s)" means a third-party (residence or business) that subscribes to
Telecommunications Services provided by either of the Parties.
3.14. "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's transmitted information; provide the subscriber additional, different or
restructured information; or involve subscriber interaction with stored information.
Enhanced Services includes, but is not limited to, internet traffic and voicemail.
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3.15. "FCC" means the Federal Communications Commission and any successor
federal agency that performs the same or substantially the same regulatory functions.
3.16. IIlnterexchange Carrierll or IIIXCIi means a carrier that provides, directly or
indirectly, interLATA or intraLATA Telephone Toll Services.
3.17. "I nterLA T A" is telecommunications between a point located in a LATA and a
point located outside such LATA.
3.18. "lntraLATA" is telecommunications between two points located within a single
LATA.
3.19. "lntraLATA Toll" is defined in accordance with Qwests IntraLATA toll serving
areas, as determined by the state Commission.
3.20. "LATA Tandem" will have the same meaning as "Toll Tandem" in the context of
this Agreement.
3.21. "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
3.22. "Local Calling Area" or "LCA" is a geographic area defined either by the MT A or
the Qwest Extended Area Service (EAS) boundaries.
3.22.1. "MT A/Local" means the geographic area defined by the MT A
within which Paging Provider provides CMRS services. Traffic excluded from
MT A/Local includes roaming traffic, as defined in the FCC First Report and
Order 96-325 47CFR 51701 (b) (2), and Switched Access traffic.
3.22.2. "Extended Area Service (EAS)/Local Traffic" means thegeographic area defined by the EAS boundaries as determined by the
Commission and defined in Qwests Local and/or General Exchange Service
Tariff within which LEC customers may complete a landline 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.
3.23. "Local Tandem" is a Qwest switching system that switches calls to and from end
offices within the state Commission defined wireline' Local Callng Area for call
completion.
3.24. "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.
3.25 IIMiscellaneous Chargesll mean charges that Qwest may assess in addition to
recurring and nonrecurring rates set forth in Exhibit A, for activities Paging Provider
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Qwest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 6
requests Owest 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 Owests recurring or nonrecurring rates. Miscellaneous Charges are listed in
the applicable tariff, catalog, or price list.
3.26. "Network Access Channel" or "NAC" means the dedicated facilty between the
Paging Provider's POC and the Owest 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 Facilty.
3.27. "Non-Local" is traffc that is interMTA, roaming, and/or Switched Access traffic.
For traffic delivered to Paging Provider, Non-Local includes all traffic carried by an IXC,
traffic destined for Paging Provider's subscribers that are roaming in a different MTA,
and all InterMT AllntraLA TA traffic.
3.28. "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.
3.29. "NXX" means the fourth, fifth and sixth digits of a ten-digit telephone number,
and designates a Central Office Code
3.30. "Order" means any order, writ, injunction, decree, stipulation, decision, or award
entered or rendered by the Commission or the FCC.
3.31. "Party" means either Owest or Paging Provider and "Parties" means Owest and
Paging Provider.
3.32. "Point of Connection" or "POC" is the connection point(s) between Paging
Provider and Owest; 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 Owest serving territory, where Paging Provider provides CMRS
service. Additional POC's may be established as described in Section 5 of this
Agreement.
3.33. "Rate Center" means the specific geographic point (the "Rating Point") and
corresponding geographic area that are associated with one or more particular NPA-
NXX codes that have been assigned to a telecommunications carrier. The geographic
point is identified by a specific vertical and horizontal ("V & H") coordinate that is used, in
conjunction with the V & H coordinate of other rate centers, by Owest to calculate
distance-sensitive rates for End User traffic.
3.34. "Serving Wire Center" (SWC) denotes the Owest office from which dial tone for
local exchange service will, absent special arrangements, be provided to Owest End
Users.
3.35 "Signaling Transfer Point" or "STP" means a signaling point that performs
message routing functions and provides information for the routing of messages
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between signaling end points. An STP transmits, receives and processes Common
Channel Signaling ("CCS") messages.
3.36. "Switched Access Traffic or InterLATA Toll Traffic" as specifically defined in
Owests state and interstate switched access tariffs, enters the Owest network at the
IXC point of presence, and is delivered to the Paging Provider's paging terminaL.
3.37. "Tariff" as used throughout this Agreement refers to Owest interstate tariffs and
state tariffs, price lists, price schedules and catalog, as listed on the website
http//tariffs.uswest.comf', and service agreements, as further identified in Appendix A.
3.38. "Telecommunications Services" means the offering of telecommunications for a
fee directly to the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used.
3.39. "Third Party Traffc" means both Transit Traffic and Non-Local Traffic.
3.40 "Traffic Type" is the characterization of traffic as "local" (local includes EAS),
"toll" traffic outside of the incumbent local exchange carrier's Local Callng Area
established by the applicable tariffs, or. Transit Traffic as defined below.
3.41. "Transit Traffic" is traffic that originates with a telecommunications carrier other
than Owest that transits Owests network and is delivered to the Paging Provider's POCo
The sending and receiving parties are not End Users of Owest, the transiting tandem
telecommunications carrier.
3.42. "Trunk Group" is a set of trunks of common routing origin and destination and
which serve a like purpose or function.
3.43. "V and H Coordinate" means vertical and horizontal geographical cross points on
a map used to determine distance.
3.44. "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 facilties
are connected or switched. Wire Center can also denote a building where one or more
central offces, used for the provision of Basic Exchange Telecommunications Services
and access services, are located. A Serving Wire Center typically serves a specific
geographic area.
3.45. "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 Owe$t for Wireless
Interconnection Service.
3.46. Terms not otherwise defined here, but defined in the Act or in regulations
implementing the Act, shall have the meaning defined there.
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4. TERMS AND CONDITIONS
4.1 General Provisions
4.1.1 Intentionally Left Blank.
4.1.2 The Parties are each solely responsible for participation in and
compliance with national network plans, including the National Network Security
Plan and the Emergency Preparedness Plan.
4.1.3 Neither Party shall use any service related to or use any of the services
provided in this Agreement in any manner that interferes with other Persons in
the use of their service, prevents other Persons from using their service, or
otherwise impairs the quality of service to other Carriers or to either Party's End
User Customers. In addition, neither Party's provision of or use of services shall
interfere with the services related to or provided under this Agreement.
4.1.3.1 If such impairment is material and poses an immediate threat
to the safety of either Party's employees, Customers or the public or
poses an immediate threat of a service interruption, that Party shall
provide immediate notice by email to the other Party's designated
representative(s) for the purposes of receiving such notification. Such
notice shall include 1) identification of the impairment (including the basis
for identifying the other Party's facilities as the cause of the impairment),
2) date and location of the impairment, and 3) the proposed remedy for
such impairment for any affected service. Either Party may discontinue
the specific service that violates the provision or refuse to provide the
same type of service if it reasonably appears that the particular service
would cause similar harm, until the violation of this provision has been
corrected to the reasonable satisfaction of that Party and the service shall
be reinstituted as soon as reasonably possible. The Parties shall work
cooperatively and in good faith to resolve their differences. In the event
either Party disputes any action that the other Party seeks to take or has
taken pursuant to this provision, that Party may pursue immediate
resolution by expedited or other Dispute Resolution.
4.1.3.2 If the impairment is service impacting but does not meet the
parameters set forth in Section 4.1.3.1, such as low level noise or other
interference, the other Party shall provide written notice within five (5)
Days of such impairment to the other Party and such notice shall include
the information set forth in subsection 4.1.3.1. The Parties shall work
cooperatively and in good faith to resolve their differences.. If the
impairment has not been corrected or cannot be corrected within five (5)
business days of receipt of the notice of non-compliance, the other Party
may pursue immediate resolution by expedited or other Dispute
Resolution.
4.1.3.3 If either Party causes non-service impacting impairment the
other Party shall provide written notice within fifteen (15) Days of the
impairment to the other Party and such notice shall include the
information set forth in subsection 4.1.3.1. The Parties shall work
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cooperatively and in good faith to resolve their differences. If either Party
fails to correct any such impairment within fifteen (15) Days of written
notice, or if such non-compliance cannot be corrected within fifteen (15)
Days of written notice of non-compliance, and if the impairing Party fails
to take all appropriate steps to correct as soon as reasonably possible,
the other Party may pursue immediate resolution by expedited or other
Dispute Resolution.
4.1.3.4 It is the responsibility of either Party to inform its End User
Customers of service impacting impairment that may result in
discontinuance of service as soon as the Party receives notice of same.
4.1.4 Each Part is solely responsible for the services it provides to its End
User Customers and to other Telecommunications Carriers. This provision is not
intended to limit the liability of either Party for its failure to perform under this
Agreement.
4.1.5 The Parties shall work cooperatively to minimize fraud associated with
third-number biled calls, callng card calls, and any other services related to this
Agreement.
4.1.6 Nothing in this Agreement shall prevent either Party from seeking to
recover the costs and expenses, if any, it may incur in (a) complying with and
implementing its obligations under this Agreement, the Act, and the rules,
regulations and orders of the FCC and the Commission, and (b) the
development, modification, technical installation and maintenance of any
systems or other infrastructure which it requires to comply with and to continue
complying with its responsibilities and obligations under this Agreement.
Notwithstanding the foregoing, Owest shall not assess any charges against
Paging Provider for services, facilties, Unbundled Network Elements, ancilary
services and other related work or services covered by this Agreement, unless
the charges are expressly provided for in this Agreement. All services and
capabilities currently provided hereunder (including resold Telecommunications
Services, Unbundled Network Elements, UNE Combinations and ancilary
services) and all new and additional services or Unbundled Network Elements to
be provided hereunder, shall be priced in accordance with all applicable
provisions of the Act and the rules and orders of the Federal Communications
Commission and orders of the Commission.
4.2 Term of Agreement
4.2.1 This Agreement shall become effective on the date of Commission
ApprovaL. This Agreement shall be binding upon the Parties for a term of five (5)
years from the date of approval by the Commission.
4.2.2 Upon expiration of the term of this Agreement, this Agreement shall
continue in full force and effect until superseded by a successor agreement in
accordance with this Section 4.2.2. Any Party may request negotiation of a
successor agreement by written notice to the other Party no earlier than one
hundred sixty (160) Days prior to the expiration of the term, or the Agreement
shall renew on a month to month basis. The date of this notice wil be the
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starting point for the negotiation window under Section 252 of the Act. This
Agreement wil terminate on the date a successor agreement is approved by the
Commission.
4.2.2.1 Prior to the conclusion of the term specified above, Paging
Provider may obtain Interconnection services under the terms and
conditions of a then-existing SGA T or agreement to become effective at
the conclusion of the term or prior to the conclusion of the term if Paging
Provider so chooses.
4.3 Proof of Authorization
4.3.1 Each Party shall be responsible for obtaining and maintaining Proof of
Authorization (POA) as required by applicable federal and state law, as amended
from time to time.
4.3.2 The Parties shall make POAs available to each other upon request in the
event of an allegation of an unauthorized change in accordance with all
Applicable Laws and rules and shall be subject to any penalties contained
therein.
4.4 Payment
4.4.1 Amounts payable under this Agreement are due and payable within thirty
(30) Days after the date of invoice, or within twenty (20) Days after receipt of the
invoice, whichever is later (payment due date). If the payment due date is not a
business day, the payment shall be due the next business day.
4.4.2 One Party may discontinue processing orders for the failure of the other
Party to make full payment for the relevant services, less any disputed amount
as provided for in Section 4.4.4 of this Agreement, for the relevant services
provided under this Agreement within thirty (30) Days following the payment due
date. The Biling Party wil notify the other Party in writing at least ten (10)
business days prior to discontinuing the processing of orders for the relevant
services. If the Billing Party does not refuse to accept additional orders for the
relevant services on the date specified in the ten (10) business days notice, and
the other Part's non-compliance continues, nothing contained herein shall
preclude the Biling Party's right to refuse to accept additional orders for the
relevant services from the non-complying Party without further notice. For order
processing to resume, the biled Party wil be required to make full payment of all
charges for the relevant services not disputed in good faith under this
Agreement. Additionally, the Billng Party may require a deposit (or additional
deposit) from the biled Party, pursuant to this section. In addition to other
remedies that may be available at law or equity, the billed Party reserves the
right to seek equitable relief, including injunctive relief and specific performance.
4.4.3 The Billng Party may disconnect only those respective services for failure
by the billed Party to make full payment, less any disputed amount as provided
for in Section 4.4.4 of this Agreement, for the respective services provided under
this Agreement within sixty (60) Days following the payment due date. The biled
Party will pay the applicable reconnect charge set forth in Exhibit A. The Biling
Party wil notify the biled Party at least ten (10) business days prior to
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disconnection of the unpaid service(s). In case of such disconnection, all
applicable undisputed charges, including termination charges, shall become due.
If the Biling Part does not disconnect the biled Part's service(s) on the date
specified in the ten (10) business days notice, and the billed Party's
noncompliance continues, nothing contained herein shall preclude the Billng
Party's right to disconnect only those respective services of the non-complying
Party without further notice. For reconnection of the non-paid service to occur,
the billed Party wil be required to make full payment of all past and current
undisputed charges under this Agreement for the services. Additionally, the
Biling Party will request a deposit (or recalculate the deposit) as specified in
Section 4.4.5 and 4.4.7 from the billed Party, pursuant to this Section. Both
Parties agree, however, that the application of this provision wil be suspended
for the initial three (3) Billing cycles of this Agreement and will not apply to
amounts biled during those three (3) cycles. In addition to other remedies that
may be available at law or equity, each Party reserves the right to seek equitable
relief, including injunctive relief and specific performance.
4.4.4 Should Paging Provider or Owest dispute, in good faith, any portion of the
nonrecurring charges or monthly Billng under this Agreement, the Parties wil
notify each other in writing within fifteen (15) Days following the payment due
date identifying the amount, reason and rationale of such dispute. At a
minimum, Paging Provider and Owest shall pay all undisputed amounts due.
Both Paging Provider and Owest agree to expedite the investigation of any
disputed amounts, promptly provide all documentation regarding the amount
disputed that is reasonably requested by the other Party, and work in good faith
in an effort to resolve and settle the dispute through informal means prior to
initiating any other rights or remedies.
4.4.4.1 If a Party disputes charges and does not pay such charges by
the payment due date, such charges may be subject to late payment
charges. If the disputed charges have been withheld and the dispute is
resolved in favor of the Billng Part, the withholding Party shall pay the
disputed amount and applicable late payment charges no later than the
second Bill Date following the resolution. If the disputed charges have
been withheld and the dispute is resolved in favor of the disputing Party,
the Billng Party shall credit the bill of the disputing Party for the amount
of the disputed charges and any late payment charges that have been
assessed no later than the second Bil Date after the resolution of the
dispute. If a Party pays the disputed charges and the dispute is resolved
in favor of the Billng Party, no further action is required.
4.4.42 If a Party pays the charges disputed at the time of payment or at
any time thereafter pursuant to Section 4.4.4.3, and the dispute is
resolved in favor of the disputing Party, the Billing Party shall, no later
than the second Bill Date after the resolution of the dispute: (1) credit the
disputing Party's bill for the disputed amount and any associated interest
or (2) pay the remaining amount to Paging Provider, if the disputed
amount is greater than the bil to be credited. The interest calculated on
the disputed amounts will be the same rate as late payment charges. In
no event, however, shall any late payment charges be assessed on any
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previously assessed late payment charges.
4.4.4.3 If a Part fails to dispute a charge and discovers an error on a
bil it has paid after the period set forth in Section 4.4.4, the Party may
dispute the bil at a later time through an informal process, through an
Audit pursuant to the Audit provision of this Agreement, through the
Dispute Resolution provision of this Agreement, or applicable state
statutes or Commission rules.
4.4.5 Each Party wil determine the other Party's credit status based on
previous payment history or credit reports such as Dun and Bradstreet. If a
Party has not established satisfactory credit with the other Party according to the
above provisions or the Party is repeatedly delinquent in making its payments, or
the Party is being reconnected after a disconnection of service or discontinuance
of the processing of orders by the Billng Part due to a previous nonpayment
situation, the Billing Part may require a deposit to be held as security for the
payment of charges before the orders from the biled Party will be provisioned
and completed or before reconnection of service. "Repeatedly delinquent"
means any payment received thirt (30) Days or more after the payment due
date, three (3) or more times during a twelve (12) month period. The deposit
may not exceed the estimated total monthly charges for an average two (2)
month period within the 1 st three (3) months for all services. The deposit may be
a surety bond if allowed by the applicable Commission regulations, a letter of
credit with terms and conditions acceptable to the Billng Party, or some other
form of mutually acceptable security such as a cash deposit. Required deposits
are due and payable within thirty (30) Days after demand.
4.4.6 Interest wil be paid on cash deposits at the rate applying to deposits
under applicable Commission regulations. Cash deposits and accrued interest
will be credited to the biled Part's account or refunded, as appropriate, upon
the earlier of the expiration of the term of the Agreement or the establishment of
satisfactory credit with the Billng Party, which will generally be one full year of
timely payments of undisputed amounts in full by the biled Party. Upon a
material change in financial standing, the biled Party may request and the Biling
Party will consider a recalculation of the deposit. The fact that a deposit has
been made does not relieve Paging Provider from any requirements of this
Agreement.
4.4.7 The Billing Party may review the other Party's credit standing and modify
the amount of deposit required but in no event will the maximum amount exceed
the amount stated in 4.4.4.
4.4.8 The late payment charge for amounts that are billed under this
Agreement shall be in accordance with Commission requirements.
4.4.9 Each Party shall be responsible for notifying its End User Customers of
any pending disconnection of a non-paid service by the billed Party, if necessary,
to allow those End User Customers to make other arrangements for such non-
paid services.
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4.5 Taxes
Any federal, state, or local sales, use, excise, gross receipts, transaction or similar
taxes, fees or surcharges resulting from the performance of this Agreement shall be
borne by the Party upon which the obligation for payment is imposed under Applicable
Law, even if the obligation to collect and remit such taxes is placed upon the other
Party. However, where the selling Party is permitted by law to collect such taxes, fees
or surcharges, from the purchasing Part, such taxes, fees or surcharges shall be borne
by the Party purchasing the services. Each Party is responsible for any tax on its
corporate existence, status or income. Whenever possible, these amounts shall be
biled as a separate item on the invoice. To the extent a sale is claimed to be for resale
tax exemption, the purchasing Part shall furnish the providing Party a proper resale tax
exemption certificate as authorized or required by statute or regulation by the jurisdiction
providing said resale tax exemption. Until such time as a resale tax exemption
certificate is provided, no exemptions wil be applied. If either Party (the Contesting
Party) contests the application of any tax collected by the other Party (the Collecting
Party), the Collecting Party shall reasonably cooperate in good faith with the Contesting
Party's challenge, provided that the Contesting Party pays any costs incurred by the
Collecting Party. The Contesting Party is entitled to the benefit of any refund or
recovery resulting from the contest, provided that the Contesting Party is liable for and
has paid the tax contested.
4.6 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 maintained by Qwest for other Telecommunications Carriers at the time of
the amendment.
4.7 Force Majeure
Neither Party shall be liable for any delay or failure in performance of any part of this
Agreement from any cause beyond its control and without its fault or negligence
including, without limitation, acts of nature, acts of civil or military authority, government
regulations, embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions,
earthquakes, nuclear accidents, floods, work stoppages, power blackouts, volcanic
action, other major environmental disturbances, or unusually severe weather conditions
(collectively, a Force Majeure Event). Inabilty to secure products or services of other
Persons or transportation facilities or acts or omissions of transportation carriers shall be
considered Force Majeure Events to the extent any delay or failure in performance
caused by these circumstances is beyond the Party's control and without that Party's
fault or negligence. The Party affected by a Force Majeure Event shall give prompt
notice to the other Party, shall be excused from performance of its obligations
hereunder on a day to day basis to the extent those obligations are prevented by the
Force Majeure Event, and shall use reasonable efforts to remove or mitigate the Force
Majeure Event. In the event of a labor dispute or strike the Parties agree to provide
service to each other at a level equivalent to the level they provide themselves.
4.8 Limitation of Liabilty
4.8.1 Each Party's liability to the other Party for any loss relating to or arising
out of any act or omission in its performance under this Agreement, whether in
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contract, warranty, strict liabilty, or tort, including (without limitation) negligence
of any kind, shall be limited to the total amount that is or would have been
charged to the other Party by such breaching Party for the service(s) or
function(s) not performed or improperly performed. Each Party's liabilty to the
other Party for any other losses shall be limited to the total amounts charged to
Paging Provider under this Agreement during the contract year in which the
cause accrues or arises. Payments pursuant to the QPAP shall not be counted
against the limit provided for in this Section.
4.8.2 Neither Part shall be liable to the other for indirect, incidental,
consequential, or special damages, including (without limitation) damages for
lost profits, lost revenues, lost savings suffered by the other Party regardless of
the form of action, whether in contract, warranty, strict liability, tort, including
(without limitation) negligence of any kind and regardless of whether the Parties
know the possibility that such damages could result. If the Parties enter into a
Performance Assurance Plan under this Agreement, nothing in this Section 4.8.2
shall limit amounts due and owing under any Performance Assurance Plan.
4.8.3 Intentionally Left Blank.
4.8.4 Nothing contained in this Section shall limit either Party's liabilty to the
other for (i) willful or intentional misconduct or (ii) damage to tangible real or
personal property proximately caused solely by such Party's negligent act or
omission or that of their respective agents, subcontractors, or employees.
4.8.5 Nothing contained in this Section 4.8 shall limit either Party's obligations
of indemnification specified in this Agreement, nor shall this Section 4.8 limit a
Party's liability for failing to make any payment due under this Agreement.
4.9 Indemnity
4.9.1 The Parties agree that unless otherwise specifically set forth in this
Agreement the following constitute the sole indemnification obligations between
and among the Parties:
4.9.1.1 Each of the Parties agrees to release, indemnify, defend and
hold harmless the other Party and each of its officers, directors,
employees and agents (each an Indemnitee) from and against and in
respect of any loss, debt, liability, damage, obligation, claim, demand,
judgment or settlement of any nature or kind, known or unknown,
liquidated or unliquidated including, but not limited to, reasonable costs
and expenses (including attorneys' fees), whether suffered, made,
instituted, or asserted by any Person or entity, for invasion of privacy,
bodily injury or death of any Person or Persons, or for loss, damage to, or
destruction of tangible property, whether or not owned by others,
resulting from the Indemnifying Party's breach of or failure to perform
under this Agreement, regardless of the form of action, whether in
contract, warranty, strict liability, or tort including (without limitation)
negligence of any kind.
4.9.1.2 In the case of claims or loss alleged or incurred by an End
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User Customer of either Part arising out of or in connection with services
provided to the End User Customer by the Party, the Part whose End
User Customer alleged or incurred such claims or loss (the Indemnifying
Party) shall defend and indemnify the other Part and each.of its officers,
directors, employees and agents (collectively the Indemnified Part)
against any and all such claims or loss by the Indemnifying Party's End
User Customers regardless of whether the underlying service was
provided or Unbundled Network Element was provisioned by the
Indemnified Party, unless the loss was caused by the willful misconduct
of the Indemnified Party. The obligation to indemnify with respect to
claims of the Indemnifying Party's End User Customers shall not extend
to any claims for physical bodily injury or death of any Person or persons,
or for loss, damage to, or destruction of tangible property, whether or not
owned by others, alleged to have resulted directly from the negligence or
intentional conduct of the employees, contractors, agents, or other
representatives of the Indemnified Part.
4.9.2 The indemnification provided herein shall be conditioned upon:
4.9.2.1 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 Part 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.
4.9.2.2 If the Indemnifying Party wishes to defend against such
action, it shall give written notice to the Indemnified Party of acceptance
of the defense of such action. In such event, the Indemnifying Part shall
have sole authority to defend any such action, including the selection of
legal counsel, and the Indemnified Part may engage separate legal
counsel only at its sole cost and expense. In the event that the
Indemnifying Party does not accept the defense of the action, the
Indemnified Party shall have the right to employ counsel for such defense
at the expense of the Indemnifying Party. Each Party agrees to
cooperate with the other Party in the defense of any such action and the
relevant records of each Party shall be available to the other Party with
respect to any such defense.
4.9.2.3 In no event shall the Indemnifying Party sette or consent to
any judgment pertaining to any such action without the prior written
consent of the Indemnified Party. In the event the Indemnified Party
withholds consent, the Indemnified Party may, at its cost, take over such
defense, provided that, in such event, the Indemnifying Part shall not be
responsible for, nor shall it be obligated to indemnify the relevant
Indemnified Party against, any cost or liability in excess of such refused
compromise or settlement.
4.10 Intellectual Property
4.10.1.' Except for a license to use any facilities or equipment (including
software) solely for the purposes of this Agreement or to receive any service
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solely (a) as provided in this Agreement or (b) as specifically required by the
then-applicable federal and state rules and regulations relating to
Interconnection and access to Telecommunications facilties and services,
nothing contained within this Agreement shall be construed as the grant of a
license, either express or implied, with respect to any patent, copyright, trade
name, trade mark, service mark, trade secret, or other proprietary interest or
intellectual propert, now or hereafter owned, controlled or licensable by either
Party. Nothing in this Agreement shall be construed as the grant to the other
Party of any rights or licenses to trade or service marks.
4.10.2 Subject to Section 4.9.2, each Party (the Indemnifying Party) shall
indemnify and hold the other Party (the Indemnified Party) harmless from and
against any loss, cost, expense or liability arising out of a claim that the use of
facilities of the Indemnifying Party or services provided by the Indemnifying Part
provided or used pursuant to the terms of this Agreement misappropriates or
otherwise violates the intellectual property rights of any third party. In addition to
being subject to the provisions of Section 4.9.2, the obligation for indemnification
recited in this paragraph shall not extend to infringement which results from (a)
any combination of the facilities or services of the Indemnifying Party with
facilties or services of any other Person (including the Indemnified Party but
excluding the Indemnifying Party and any of its Affiliates), which combination is
not made by or at the direction of the Indemnifying Party or (b) any modification
made to the facilities or services of the Indemnifying Party by, on behalf of or at
the request of the Indemnified Party and not required by the Indemnifying Party.
In the event of any claim, the Indemnifying Party may, at its sole option (a) obtain
the right for the Indemnified Party to continue to use the facility or service; or (b)
replace or modify the facilty or service to make such facilty or service non-
infringing. If the Indemnifying Party is not reasonably able to obtain the right for
continued use or to replace or modify the facility or service as provided in the
preceding sentence and either (a) the facilty or service is held to be infringing by
a court of competent jurisdiction or (b) the Indemnifying Party reasonably
believes that the facility or service wil be held to infringe, the Indemnifying Party
shall notify the Indemnified Party and the Parties shall negotiate in good faith
regarding reasonable modifications to this Agreement necessary to (1) mitigate
damage or comply with an injunction which may result from such infringement or
(2) allow cessation of further infringement. The Indemnifying Party may request
that the Indemnified Part take steps to mitigate damages resulting from the
infringement or alleged infringement including, but not limited to, accepting
modifications to the facilties or services, and such request shall not be
unreasonably denied.
4.10.3 To the extent required under applicable federal and state law, Owest
shall use its best efforts to obtain, from its vendors who have licensed intellectual
property rights to Owest in connection with facilities and services provided
hereunder, licenses under such intellectual property rights as necessary for
Paging Provider to use such facilities and services as contemplated hereunder
and at least in the same manner used by Qwest for the facilities and services
provided hereunder. Qwest shall notify Paging Provider immediately in the event
that Owest believes it has used its best efforts to obtain such rights, but has
been unsuccessful in obtaining such rights.
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4.10.3.1 Qwest covenants that it wil not enter into any licensing
agreements with respect to any Qwest facilities, equipment or services,
including software, that contain provisions that would disqualify Paging
Provider from using or interconnecting with such facilities, equipment or
services, including software, pursuant to the terms of this Agreement.
Qwest warrants and further covenants that it has not and wil not
knowingly modify any existing license agreements for any network
facilties, equipment or services, including software, in whole or in part for
the purpose of disqualifying Paging Provider from using or
interconnecting with such facilities, equipment or services, including
software, pursuant to the terms of this Agreement. To the extent that
providers of facilties, equipment, services or software in Qwests network
provide Qwest with indemnities covering intellectual property liabilties
and those indemnities allow a flow-through of protection to third parties,
Qwest shall flow those indemnity protections through to Paging Provider.
4.10.4 Except as expressly provided in this Intellectual Propert Section,
nothing in this Agreement shall be construed as the grant of a license, either
express or implied, with respect to any patent, copyright, logo, trademark, trade
name, trade secret or any other intellectual property right now or hereafter
owned, controlled or licensable by either Party. Neither Party may use any
patent, copyright, logo, trademark, trade name, trade secret or other intellectual
property rights of the other Party or its Affliates without execution of a separate
agreement between the Parties.
4.10.5 Neither Party shall without the express written permission of the other
Party, state or imply that: 1) it is connected, or in any way affilated 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 Affliates are
in any way sponsoring, endorsing or certifying it and its goods and services; or 4)
with respect to its marketing, advertising or promotional activities or materials,
the resold goods and services are in any way associated with or originated from
the other or any of its Affiliates. Nothing in this paragraph shall prevent either
Party from truthfully describing the Network Elements it uses to provide service
to its End User Customers, provided it does not represent the Network Elements
as originating from the other Party or its Affiliates in any marketing, advertising or
promotional activities or materials.
4.10.6 For purposes of resale only and notwithstanding the above, unless
otherwise prohibited by Owest pursuant to an applicable provision herein, Paging
Provider may use the phrase "Paging Provider is a Reseller of Owest Services"
(the Authorized Phrase) in Paging Provider's printed materials provided:
4.10.6.1 The Authorized Phrase is not used in connection with any
goods or services other than Qwest services resold by Paging Provider.
4.10.6.2 Paging Provider's use of the Authorized Phrase does not
cause End User Customers to believe that Paging Provider is Qwest.
4.10.6.3 The Authorized Phrase, when displayed, appears only in text
form (Paging Provider may not use the Owest logo) with all letters being
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the same font and point size. The point size of the Authorized Phrase
shall be no greater than one fourth the point size of the smallest use of
Paging Provider's name and in no event shall exceed 8 point size.
4.10.6.4 Paging Provider shall provide all printed materials using the
Authorized Phrase to Qwest for its prior written approvaL.
4.10.6.5 If Qwest determines that Paging Provider's use of the
Authorized Phrase causes End User Customer confusion, Qwest may
immediately terminate Paging Provider's right to use the Authorized
Phrase.
4.10.6.6 Upon termination of Paging Provider's right to use the
Authorized Phrase or termination of this Agreement, all permission or
right to use the Authorized Phrase shall immediately cease to exist and
Paging Provider shall immediately cease any and all such use of the
Authorized Phrase. Paging Provider shall either promptly return to Qwest
or destroy all materials in its possession or control displaying the
Authorized Phrase.
4.10.7 Qwest and Paging Provider each recognize that nothing contained in
this Agreement is intended as an assignment or grant to the other of any right,
title or interest in or to the trademarks or service marks of the other (the Marks)
and that this Agreement does not confer any right or license to grant sublicenses
or permission to third parties to use the Marks of the other and is not assignable.
Neither Party will do anything inconsistent with the other's ownership of their
respective Marks, and all rights, if any, that may be acquired by use of the Marks
shall inure to the benefit of their respective Owners. The Parties shall comply
with all Applicable Law governing Marks worldwide and neither Party will infringe
the Marks of the other.
4.10.8 Upon request, for all intellectual property owned or controlled by a
third party and licensed to Qwest associated with the Unbundled Network
Elements provided by Qwest under this Agreement, either on the Effective Date
or at any time during the term of the Agreement, Qwest shall within ten (10)
business days, unless there are extraordinary circumstances in which case
Qwest wil negotiate an agreed upon date, then disclose to Paging Provider in
writing (i) the name of the Party owning, controllng or licensing suçh intellectual
property, (ii) the facilties or equipment associated with such intellectual property,
(iii) the nature of the intellectual property, and (iv) the relevant agreements or
licenses governing Qwests use of the intellectual property. Except to the extent
Qwest is prohibited by confidentiality or other provisions of an agreement or
license from disclosing to Paging Provider any relevant agreement or license
within ten (10) business days of a request by Paging Provider, Qwest shall
provide copies of any relevant agreements or licenses governing Qwests use of
the intellectual property to Paging Provider. To the extent Qwest is prohibited by
confidentiality or other provisions of an agreement or license from disclosing to
Paging Provider any relevant agreement or license, Qwest shall immediately,
within ten (10) business days (i) disclose so much of it as is not prohibited, and
(ii) exercise best efforts to cause the vendor, licensor or other beneficiary of the
confidentiality provisions to agree to disclosure of the remaining portions under
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terms and conditions equivalent to those governing access by and disclosure to
Qwest.
4.11 Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE
THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY
WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND THAT ALL PRODUCTS AND SERVICES PROVIDED HEREUNDER
ARE PROVIDED "AS IS," WITH ALL FAULTS.
4.12 Assignment
4.12.1 Neither Party may assign or transfer (whether by operation of law or
otherwise) this Agreement (or any rights or obligations hereunder) to a third part
without the prior written consent of the other Party. Notwithstanding the
foregoing, either Party may assign or transfer this Agreement to a corporate
Affiliate or an entity under its common control; without the consent of the other
Part, provided that the performance of this Agreement by any such assignee is
guaranteed by the assignor. Any attempted assignment or transfer that is not
permitted is void ab initio. Without limiting the generality of the foregoing, this
Agreement shall be binding upon and shall inure to the benefit of the Parties'
respective successors and assigns.
4.12.2 In the event that Qwest transfers to any unaffliated party exchanges
including End User Customers that Paging Provider serves in whole or in part
through facilities or services provided by Qwest under this Agreement, the
transferee shall be deemed a successor to Qwests responsibilities hereunder for
a period of ninety (90) Days from notice to Paging Provider of such transfer or
until such later time as the Commission may direct pursuant to the Commission's
then applicable statutory authority to impose such responsibilities either as a
condition of the transfer or under such other state statutory authority as may give
it such power. In the event of such a proposed transfer, Qwest shall use its best
efforts to facilitate discussions between Paging Provider and the transferee with
respect to transferee's assumption of Qwests obligations pursuant to the terms
of this Agreement.
4.13 Default
4.13.1 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) 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.
4.14 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 liabilty
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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 Part whether regulatory or contractual, or to assume any
responsibility for the management of the other Part's business.
4.15 Severability
4.15.1 In the event that anyone or more of the provisions contained herein
shall for any reason be held to be unenforceable or invalid in any respect under
law or regulation, the Parties wil negotiate in good faith for replacement
language as set forth herein. If any part of this Agreement is held to be invalid or
unenforceable for any reason, such invalidity or unenforceability wil affect only
the portion of this Agreement which is invalid or unenforceable. In all other
respects, this Agreement wil stand as if such invalid or unenforceable provision
had not been a part hereof, and the remainder of this Agreement shall remain in
full force and effect.
4.16 Nondisclosure
4.16.1 All information, including but not limited to specifications, microfim,
photocopies, magnetic disks, magnetic tapes, drawings, sketches, models,
samples, tools, technical information, data, employee records, maps, financial
reports, and market data, (i) furnished by one Party to the other Party dealing
with business or marketing plans, End User Customer specific, facility specific,
or usage specific information, other than End User Customer information
communicated for the purpose of providing Directory Assistance or publication of
directory database, or (ii) in written, graphic, electromagnetic, or other tangible
form and marked at the time of delivery as "Confidential" or "Proprietary", or (ii)
communicated and declared to the receiving Part at the time of delivery, or by
written notice given to the receiving Party within ten (10) Days after delivery, to
be "Confidential" or "Proprietary" (collectively referred to as "Proprietary
Information"), shall remain the property of the disclosing Party. A Party who
receives Proprietary Information via an oral communication may request written
confirmation that the material is Proprietary Information. A Party who delivers
Proprietary Information via an oral communication may request written
confirmation that the Party receiving the information understands that the
material is Proprietary Information. Each Party shall have the right to correct an
inadvertent failure to identify information as Proprietary Information by giving
written notification within thirty (30) Days after the information is disclosed. The
receiving Party shall from that time forward, treat such information as Proprietary
Information. To the extent permitted by Applicable Law, either Party may
disclose to the other proprietary or confidential customer, technical or business
information.
4.16.2 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.
4.16.3 Each Party shall keep all of the other Party's Proprietary Information
confidential and will disclose it on a need to know basis only. Each Party shall
use the other Party's Proprietary Information only in connection with this
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Agreement and in accordance with Applicable Law, including but not limited to,
47 U.S.C. §222. In accordance with Section 222 of the Act, when either Party
receives or obtains Proprietary Information from the other Party for purposes of
providing any Telecommunications Services, that Part shall use such
information only for such purpose, and shall not use such information for its own
marketing efforts. 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. Violations of these
obligations shall subject a Party's employees to disciplinary action up to and
including termination of employment. If either Party loses, or makes an
unauthorized disclosure of, the other Party's Proprietary Information, it will notify
such other Party immediately and use reasonable efforts to retrieve the
information.
4.16.4 Unless otherwise agreed, the obligations of confidentiality and non-
use set forth in this Agreement do not apply to such Proprietary Information as:
a) was at the time of receipt already known to the receiving Party
free of any obligation to keep it confidential evidenced by written records
prepared prior to delivery by the disclosing Party; or
b) is or becomes publicly known through no wrongful act of the
receiving Party; or
c) 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
d) 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
e) is disclosed to a third Person by the disclosing Party without
similar restrictions on such third Person's rights; or
f) is approved for release by written authorization of the
disclosing Party; or
g) is required to be disclosed by the receiving Party pursuant to
Applicable Law or regulation provided that the receiving Party shall give
sufficient notice of the requirement to the disclosing Party to enable the
disclosing Party to seek protective orders.
4.16.5 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. In addition either Party shall have the right to disclose Proprietary
Information to any mediator, arbitrator, state or federal regulatory body, the
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Department of Justice or any court in the conduct of any proceeding arising
under or relating in any way to this Agreement or the conduct of either Party in
connection with this Agreement, including without limitation the approval of this
Agreement, or in any proceedings concerning the provision of InterLA TA
services by Owest that are or may be required by the Act. The Parties agree to
cooperate with each other in order to seek appropriate protection or treatment of
such Proprietary Information pursuant to an appropriate protective order in any
such proceeding.
4.16.6 Effective Date of this Section. Notwithstanding any other provision of
this Agreement, the Proprietary Information provisions of this Agreement shall
apply to all information furnished by either Pàrty to the other in furtherance of the
purpose of this Agreement, even if furnished before the Effective Date.
4.16.7 Each Party agrees that the disclosing Party could be irreparably
injured by a breach of the confidentiality obligations of this Agreement by the
receiving Party or its representatives and that the disclosing Party shall be
entitled to seek equitable relief, including injunctive relief and specific
performance in the event of any breach of the confidentiality provisions of this
Agreement. . Such remedies shall not be deemed to be the exclusive remedies
for a breach of the confidentiality provisions of this Agreement, but shall be in
addition to all other remedies available at law or in equity.
4.16.8 Nothing herein should be construed as limiting either Party's rights
with respect to its own Proprietary Information or its obligations with respect to
the other Party's Proprietary Information under Section 222 of the Act.
4.16.9 Forecasts provided by either Party to the other Party shall be deemed
Confidential Information and the Parties may not distribute, disclose or reveal, in
any form, this material other than as allowed and described in subsections
4.16.9.1 and 4.16.9.2.
4.16.9.1 The Parties may disclose, on a need to know basis only,
Paging Provider individual forecasts and forecasting information
disclosed by Owest, to Owests legal personnel in connection with their
representation of Owest in any dispute regarding the quality or timeliness
of the forecast as it relates to any reason for which Paging Provider
provided it to Owest under this Agreement, as well as to Paging
Provider's wholesale account managers, wholesale LIS and Collocation
product managers, network and growth planning personnel responsible
for preparing or responding to such forecasts or forecasting information.
In no case shall retail marketing, sales or strategic planning have access
to this forecasting information. The Parties will inform all of the
aforementioned personnel with access to such Confidential Information,
of its confidential nature and will require personnel to execute a
nondisclosure agreement which states that, upon threat of termination,
the aforementioned personnel may not reveal or discuss such information
with those not authorized to receive it except as specifically authorized by
law. Violations of these requirements shall subject the personnel to
disciplinary action up to and including termination of employment.
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4.16.9.1.1 Upon the specific order of the Commission, Owest
may provide the forecast information that Paging Provider has
made available to Owest under this Agreement, provided that
Owest shall first initiate any procedures necessary to protect the
confidentiality and to prevent the public release of the information
pending any applicable Commission procedures and further
provided that Owest provides such notice as the Commission
directs to Paging Provider involved, in order to allow it to
prosecute such procedures to their completion.
4.16.9.2 The Parties shall maintain confidential forecasting
information in secure files and locations such that access to the forecasts
is limited to the pérsonnel designated in subsection 4.16.9.1 above and
such that no other personnel have computer access to such information.
4.17 Survival
Any liabilties or obligations of a Party for acts or omissions prior to the termination of
this Agreement, and any obligation of a Part 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.
4.18 Dispute Resolution
4.18.1 The Parties will attempt in good faith to resolve through negotiation any
dispute, claim or controversy arising out of, or relating to, this Agreement. Either Party
may give written notice to the other Party of any dispute not resolved in the normal
course of business. Each Party will within seven (7) Days after delivery of the written
notice of dispute, designate a vice-president level employee or a representative with
authority to make commitments to review, meet, and negotiate, in good faith, to resolve
the dispute. The Parties intend that these negotiations be conducted by non-lawyer,
business representatives, and the locations, format, frequency, duration, and
conclusions of these discussions will be at the discretion of the representatives. By
mutual agreement, the representatives may use other procedures to assist in these
negotiations. The discussions and correspondence among the representatives for the
purposes of these negotiations will be treated as Confidential Information (Confidential
Information) developed for purposes of settement, and wil be exempt from discovery
and production, and not be admissible in any subsequent proceedings without the
concurrence of both Parties.
4.18.2 . If the designated representatives have not reached a resolution of the
dispute within fifteen (15) Days after the written notice (or such longer period as agreed
to in writing by the Parties), then either Party may commence 1.) American Arbitration
Association (AAA) arbitration for disputes up to $250,000 conducted by a single
arbitrator engaged in the practice of law, under the current rules of AAA or 2.) a civil
action or regulatory proceeding for disputes over $250,000, as applicable. Unless the
action falls within the exclusive jurisdiction of the Federal Communications Commission
or the state Public Utilities Commission, any action wil be brought in the United States
District Court for the District of Idaho if it has subject matter jurisdiction over the action,
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and shall otherwise be brought in the Boise District Court for the State of Idaho. The
Parties agree that such courts have personal jurisdiction over them.
4.18.3 Intentionally Left Blank.
4.18.4 No cause of action, including disputes raised pursuant to Section 4.4.4,
regardless of the form, arising out of or relating to this Agreement, may be brought by
either Party more than two (2) years after the cause of action arißes.
4.19 Controllng Law
This Agreement is offered by Qwest and accepted by Paging Provider in accordance
with applicable federal law and the state law of Idaho. It shall be interpreted solely in
accordance with applicable federal law and the state law of Idaho.
4.20 Responsibilty for Environmental Contamination
4.20.1 Neither Part 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.
4.20.2 In the event any suspect materials within Qwest-owned, operated or
leased facilties are identified to be asbestos containing, Paging Provider wil
ensure that to the extent any activities which it undertakes in the facility disturb
such suspect materials, such Paging Provider activities will be in accordance
with applicable local, state and federal environmental and health and safety
statutes and regulations. Except for abatement activities undertaken by Paging
Provider or equipment placement activities that result in the generation of
asbestos-containing material, Paging Provider does not have any responsibilty
for managing, nor is it the owner of, nor does it have any liability for, or in
connection with, any asbestos-containing materiaL. Qwest agrees to immediately
notify Paging Provider if Qwest undertakes any asbestos control or asbestos
abatement activities that potentially could affect Paging Provider personnel,
equipment or operations, including, but not limited to, contamination of
equipment.
4.21 Notices
Any notices required by or concerning this Agreement shall be in writing and shall be
sufficiently given if delivered personally, delivered by prepaid overnight express service,
or sent by certified mail, return receipt requested, or by email where specified in this
Agreement to Qwest and Paging Provider at the addresses shown below:
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Qwest Corporation
Director Interconnection Agreements
1801 California, Room 2400
Denver, CO 80202
Email: intagree~gwest.com
Phone : [phone]
Fax: [phone]
With copy to:
Qwest Law Department
Attn: Corporate Counsel, Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
and to Paging Provider at the address shown below:
PageData LLC
Attention: Telecom Admin
6610 Overland Rd.
Boise, ID 83709
E-mail: telecomadmin~pagedata.com
If personal delivery is selected to give notice, a receipt acknowledging such delivery
must be obtained. Each Party shall inform the other of any change in the above contact
Person and/or address using the method of notice called for in this Section 4.21.
4.22 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 wil be solely responsible for all matters relating to payment of such employees,
including compliance with social security taxes, withholding taxes and all other
regulations governing such matters. Each Party will be solely responsible for proper
handling, storage, transport and disposal at its own expense of all (i) substances or
materials that it or its contractors or agents bring to, create or assume control over at
Work Locations, and (ii) Waste resulting there from or otherwise generated in
connection with its or its contractors' or agents' activities at the Work Locations. Subject
to the limitations on liability and except as otherwise provided in this Agreement, each
Party shall be responsible for (i) its own acts and performance of all obligations imposed
by Applicable Law in connection with its activities, legal status and property, real or
personal, and (ii) the acts of its own Affiliates, employees, agents and contractors during
the performance of that Party's obligations hereunder.
4.23 No Third Party Beneficiaries
The provisions of this Agreement are for the benefit of the Parties and not for any other
Person. This Agreement \/il not provide any Person not a Party to this Agreement with
any remedy, claim, liability, reimbursement, claim of action, or other right in excess of
those existing by reference in this Agreement.
4.24 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. Nothing in this section shall limit a Party's abilty to issue public statements
with respect to regulatory or judicial proceedings.
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4.25 Executed in Counterparts
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.
4.26 Compliance
Each Part 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 keep and maintain in full force and
effect all permits, licenses, certificates, and other authorities needed to perform their
respective obligations hereunder.
4.27 Compliance with the Communications Assistance Law Enforcement Act of
1994
Each Part represents and warrants that any equipment, facilities or services provided
to the other Party under this Agreement comply with the CALEA. Each Party shall
indemnify and hold the other Part harmless from any and all penalties imposed upon
the other Part 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.
4.28 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 bil such services. Accordingly, the Parties agree to work
jointly and cooperatively in testing and implementing processes for pre-ordering,
ordering, maintenance, Provisioning and Billng and in reasonably resolving issues
which result from such implementation on a timely basis. Electronic processes and
procedures are addressed in Section 12 of this Agreement.
4.29 Amendments
4.29.1 Either Party may request an amendment to this Agreement at any
time by providing to the other Party in writing information about the desired
amendment and proposed language changes. If the Parties have not reached
agreement on the requested amendment within sixty (60) Days after receipt of
the request, either Party may pursue resolution of the amendment through the
Dispute Resolution provisions of this Agreement.
4.29.2 Intentionally Left Blank.
4.29.3 The provisions of this Agreement, including the provisions of this
sentence, may not be amended, modified or supplemented, and waivers or
consents to departures from the provisions of this Agreement may not be given
without the written consent thereto by both Parties' authorized representative.
No waiver by any party of any default, misrepresentation, or breach of warranty
or covenant hereunder, whether intentional or not, will be deemed to extend to
any prior or subsequent default, misrepresentation, or breach of warranty or
covenant hereunder or affect in any way any rights arising by virtue of any prior
or subsequent such occurrence.
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4.30 Entire Agreement
This Agreement (including the documents referred to herein and any amendments to
the Agreement) constitutes the full and entire understanding and agreement between
the Parties with regard to the subjects of this Agreement and supersedes any. prior.
understandings, agreements, or representations by or between the Parties, written or
oral, to the extent they relate in any way to the subjects of this Agreement.
5. SCOPE OF AGREEMENT
5.1 This Agreement covers Type 1 and Type 2 Paging Connection Service which
consists of those one-way, intraLA T Alintrastate, land-to-pager trunks, which deliver calls
from Qwests End Users to Paging Provider's pac. Upon Commission approval of this
Agreement, Qwest shall provide these trunks to itself within the local callng area, without
charge to the Paging Provider except as defined in Sections 4.3 and 4.4. These trunks
shall receive all incoming calls at Qwests Local Tandem, LATA Tandem, or Wire
CenterlEnd Office serving the geographic area in which Paging Provider's pac is located
and shall deliver paging traffic to Paging Provider's POC(s). This Agreement includes all
accompanying appendices and attachments.
5.1.1 Facilties for Delivery of Third Part Traffic. - Qwest wil deliver calls it
receives for Paging Provider from a third part carrier to Paging Provider's pac
over the same facílities and trunks used to deliver Qwests End User originated
paging traffic.
5.1.2 Facilities for Delivery of Enhanced Services Traffic - This Agreement
recognizes the unique status of traffic delivered to enhanced service providers.
For this Agreement any Enhanced Services traffic delivered to Paging Provider
from Qwest will be treated as Bill and Keep and no Intercarrier Compensation
wil be paid by Qwest to Paging Provider.
5.2 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.
5.3 Because Type 1 and Type 2 Paging Connection Service is provided by Qwest to
Qwest, all orders for Type 1 and Type 2 Paging Connection Service will be approved by
Qwest its sole discretion. Paging Provider is NOT authorized and shall not attempt to
place orders to any telecommunications carrier for and on behalf of Qwest without
Qwest approval. Paging Provider agreas 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.
5.4 This Agreement does not cover delivery of traffic from Paging Provider's network
to Qwests 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 writtén instruction.
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5.5. Delivery of Paging Traffic
5.5.1. Qwests Type 1 and Type 2 Paging Connection Service delivers paging
traffic to the Paging Provider's POC(s) as identified in Appendix B.
5.5.2. Pursuant to joint planning as specified in the Forecasting section of this
Agreement, Qwest alone shall determine all aspects and elements of the Type 1
and Type 2 Paging Connection Service facilties that it provides itself, including, but
not limited to, design, location, quantities, distance, etc. Qwest shall base this
determination on the minimum requirements specified by the Act, the FCC rules,
as well technical and economic efficiency considerations, e.g., network
requirements. Qwest shall monitor its usage on Type 1 and Type 2 Paging
Connection Service and wil 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 wil always be wholly owned and operated by Qwest.
Qwest agrees to establish and maintain facilities based on appropriate industry
standards.
5.5.3 Excluding the requirements of Section 5.5.2 above, Qwest will agree not
to modify or change Paging Providers current network facilities for a period of 12
months after the effective date of this Agreement. After 12 months, Qwest
agrees that it will provide Paging Provider 90 days notice prior to modifying or
changing existing facilties used to provide Paging Connection Service. If Paging
Provider does not concur with these modifications or revisions it may institute the
Dispute Resolution provisions of this Agreement. Qwest agrees not to change
any network facilities during the dispute until it has been resolved by the Parties
either through negotiations or arbitration.
5.5.3.1 Prior to ordering facilities in a new location, Paging Provider
will meet with Qwest representatives to determine the type of faciliies,
quantity, and locations necessary for a single point of connection using at
a minimum a DS1 facilty.
5.5.4. Paging Provider's and Qwests 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".
5.5.4.1. Paging Provider will provide a voice intercept announcement
or distinctive signals to the callng party when a call is directed to a
number that is not assigned.
5.5.4.2. When Qwest is not able to complete calls because of
malfunction, Qwest wil provide proper voice announcement or distinctive
signals to the callng party advising that the call cannot be completed.
5.5.4.5. Paging Provider and Qwest wil provide supervisory tones or
voice announcements to the calling party on all calls, consistent with
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standard industry practices.
5.5.4.4 Paging Provider shall provide a sufficient quantity of
equipment ports to accommodate the number of trunks provided by
Qwest.
5.5.5 Type 1 and Type 2 Paging Connection Service shall be provided upon
Commission approval of this Agreement.
5.5.6 Type 1 Paging Connection Service
5.5.6.1 Paging Provider may designate new or additional POCs
anywhere within the LATA in Qwest territory.
5.5.6.2 If Paging Provider has any full NXX codes deployed using
a Type 1 connection, Paging Provider wil take reasonable steps to
convert these to a Type 2 connection within a reasonable period of time
after the Approval Date hereof.
5.5.7 Type 2 Paging Connection Service
5.5.7.1 Within a LATA, Paging Provider may designate multiple POCs
at which it wishes to receive paging traffic from Qwest. Each such POC
shall receive traffic from the Qwest Local Tandem, LATA Tandem, or Wire
Center/End Offices serving the geographic area in which the POC is
located. Type 2 Paging Connection Service shall never extend beyond the
boundaries of the geographic area of Qwests Wire Center/End
OfficefTandem serving Paging Provider's POCo 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.
5.5.8. This Agreement is for the delivery of land-to-pager traffic from Qwest to
Paging Provider's POC and is not an undertaking by either Party to provide the
services of the other.
5.5.9. 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 Part 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.
5.5.9.1 Non recurring charges incurred due to Paging Provider's
relocation or equipment change wil be paid in advance by Paging Provider
to Qwest.
5.5.10. 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.
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6. PAGING TRAFFIC
6.1. Scope
6.1.1. Traffic exchange covered by this Agreement is for one-way paging
service. Other services are covered by separate contract, tariff or price lists.
6.1.2. Type 1 Paging Service is a one-way final route trunk group between
Qwests Serving Wire Center, or in some circumstances the Dial Tone Office,
and Paging Providers' POC(s).
6.1.2.1. 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 10.8.1 D).
6.1.3. Type 2 Service is a one-way intraLA T Alintrastate final route Trunk Group
between Qwests Local and LATA/oll Tandems (Type 2A) and End Office
Switches (Type 28) and a Paging Provider's Point of Connection (POC). Each
Type 2 Paging Service arrangement requires connection to both the Qwest Local
and LATA/oll Tandems which serve the Rate Center assigned to the Paging
Provider's NNX. Additionally, when traffic volumes to an end office reach 512
centum call seconds (ccs), a Type 28 high use trunk group wil be required to
that end offce. When a Local Tandem is not available to provide Type 2A Local
trunks, a Type 28 Full Group connection to each End Office within the
EAS/Local Calling Area is required Qwest and Paging Provider shall utilze out of
band signaling where technically feasible for both Parties. Type 2A and 28
Services are defined in the following paragraphs.
6.1.3.1. Type 2A Paging Service is a one-way intraLA T A final route
trunk group between Qwests Local and LATA/oll Tandem switches and
Paging Providers' POC(s).
6.1.3.1.1. 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.
6.1.3.1.2. The Type 2A LATA/oll Tandem Service connects
Qwest LATA/oll Tandem to a Paging. Provider's POC, and
delivers traffic from the subtending End Offices to the Toll
Tandem.
6.1.3.2. Wireless Type 28 High Use Service - The Type 28 High Use
Service is a direct, one-way trunk group connection between Paging
Provider's POC and a Qwest end offce, within the same LATA, with
overflow traffic routed over an associated Type 2A trunk group to the
Qwest designated local tandem. Type 28 High Use service is only
available in conjunction with an associated Type 2A service and is offered
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only where facilties and operating conditions permit.
6.1.3.2.1 Pursuant to joint planning as specified in the Forecasting
section of this Agreement, Owest wil require a Type 28 dedicated
(Le., direct) one-way Primary High Use trunk group from the
Paging Provider POC directly to the Owest end office. Type 28
High Use Service is based on forecasted or actual traffic at
Paging Provider's busy hour in centum call seconds (ccs) , where
there is a DS1's worth of traffic (512 ccs) between Paging
Provider's POC and a Owest end office. During peak busy hours,
an associated Type 2A local trunk group accepts overflow traffic
from the 28 High Use group.
6.1.3.3. Wireless Type 28 Full Group Service - The Type 28 Full
Group Service is a direct, one-way trunk group connection between
Paging Provider's POC and a Owest End Office, within the same LATA.
Each 28 Full Group serves only the individual End Office and not the
entire EAS/Local Callng Area. There is no overflow capabilty to an
alternative trunk group on a Type 28 direct final full trunk group
configuration. Only telephone numbers associated with the Owest End
Office and the Paging Provider's POC are accessible from this trunk
group.
6.1.3.3.1. A Type 28 Full Group connection is required to
each End Office in the EAS/Local Calling Area when a Owest
Local Tandem is not available. These connections are in addition
to the connection to the Owest Toll/LATA Tandem which serves
the Rate Center assigned to the Paging Provider's NNX.
6.2. Types of Traffic
6.2.1. The traffc types Owest will deliver to Paging Provider under this
Agreement include:
6.2.1.1.EAS/Local as defined in this Agreement.
6.2.1.2.IntraLATA Toll as defined in this Agreement.
Transit Traffic as defined in this Agreement6.2.1.3.
6.2.1.4.Non-Local traffic as defined in this Agreement.
6.2.1.5 Enhanced Services Traffc
6.3. Rate Structure - Type 1
Type 1 land to pager traffic will be exchanged on a 8ill and Keep basis between the
Parties. This means that the facilities provided by Owest to Paging Provider for traffic
originating on or transiting Owests network from another carrier, wil be provided at no
charge to Paging Provider and Paging Provider wil not bil Owest usage charges for
terminating Owest originated traffic.
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6.3.1. Connection from Serving Wire Center
6.3.1.1 Applicable rate elements for digital service include channel and
channel facilty, connectivity and dial outpulsing. Applicable rate
elements for analog service include . channel, connectivity and dial
outpulsing. See Biling Parameters for further definitions. The digital
option is available only where Qwest facilities exist, or where the Paging
Provider agrees to pay Special Construction to build necessary facilities.
6.3.2. Connection to Distant Dial Tone Office
6.3.2.1. 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 Qwests Foreign Central
Office to Qwests Serving Wire Center. The digital option is available only
where Qwest facilties exist, or where the Paging Provider agrees to pay
Special Construction to build necessary facilties.
6.3.2.2. Traffic Aggregation - Traffic aggregation options are available.
6.4. Rate Structure - Type 2
Type 2 land to pager traffic wil be exchanged on a Bil and Keep basis between the
Parties. This means that the facilities provided by Qwest to Paging Provider for traffic
originating on or transiting Qwests network from another carrier, wil be provided at no
recurring charges to Paging Provider and Paging Provider wil not bil Qwest usage
charges for terminating Qwest originated traffic. When Paging Provider requests facilities
and Qwest concurs, Paging Provider wil be biled non recurring rates for the portion of the
Qwest facilities used to deliver Third Party Traffic, pursuant to the percentages and rates
specified in Appendix A.
6.4.1. Connection from Serving Wire Center - Applicable rate elements include
channel and channel facilty. See Billing Parameters for further definitions.
6.4.2. Connection to Tandem or End Office
6.4.2.1. Dedicated Transport - When the Serving Wire Center of
Paging Provider's POC is not collocated with the Local and LATAlolI
Tandems (for 2A Paging Service) or the End Office (for 2B Paging
Service), Dedicated Transport rate elements will apply.
6.4.2.2.
available.
6.5. Biling Parameters
Traffic Aggregation - Traffic aggregation options are
6.5.1. Channel - DSO leveL. Connection to Paging Provider's Point of
Connection from the Serving Wire Center.
6.5.2. Channel Faciliy (for digital service) - DS1 leveL. Twenty-four digital voice
grade channels can be transmitted over one DS1 facility. A full DS1 is
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necessary for the addition of voice grade channels even if ordered in increments
of less than 24. The transmission rate is 1.544 Mbps.
6.5.3. Channel Facilty (for digital service) - DS3 leveL. Twenty-eight DS1 s,
including their associated digital voice grade channels, can be transmitted over
one DS3 facility. When using a DS3 traffc 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.
6.5.4. Channel Performance. Conditioning to extend signaling on a two-wire
analog channel when there is dedicated transport.
6.5.5. Dedicated Transport.
6.5.5.1. 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 Qwests distant Central Office to Qwests Serving
Wire Center.
6.5.5.2. With Type 2 Service, if the Serving Wire Center is not the Qwest
Local or LATAlolI Tandem, or the Type2B End Office dedicated
transport extends the channels/channel facility from the tandem/end
office to the Serving Wire Center. The interoffice facilities can be at a
DSO, DS1 or DS3 leveL.
6.5.6. 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.
6.5.6. 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.
6.6. Miscellaneous Charges
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 Provider's actions, such as cancellation charges, expedite charges, and charges
for additional labor and maintenance. Miscellaneous Charges are not already included
in Qwests recurring or nonrecurring rates. Miscellaneous Charges are listed are
provided in the applicable tariff, catalog, or price list.
6.7. 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 B are defined in Telcordia Reference Documents GR-145 - CORE &
BR-795-403-100.
6.8. Cooperative Testing
During installation, integrity testing, and ongoing maintenance activities, the Parties wil
cooperate to ensure the integrity of the connection. Qwest and Paging Provider wil each
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do such maintenance testing and inspection of their own equipment as may be necessary.
6.9. New or Changes to Paging Connection Service; Forecasting
6.9.1. 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 facilties; 2) the Common Language
Location Identifier (CLL!) codes associated with the POC and the Owest Tandem
or End Office; 3) and when applicable, the Wire Center where the traffic
aggregation is performed.
6.9.2. Owest wil evaluate the request in accordance with Section 5.5.2 of this
Agreement. Owest shall advise Paging Provider of the analysis of the request.
The analysis shall specify Owests conclusions as to whether or not the service
request shall be provisioned as requested.
6.9.3. Forecasting
6.9.3.1. 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 S,
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 Owest
telecommunications services. Owest may use Paging Provider's forecasts
and any other sources of data which Owest independently selects and
obtains to help determine the design and configuration of Type 1. and Type
2 Paging Connection Service. Information included in the POC forecast
form is for Owests 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 Owest
updated POC Forecast form(s) quarterly. If Owest does not receive an
updated form with a new forecast each quarter, then Owest wil rely on the
last form received.
6.9.3.2. Paging Provider shall submit to Owest a description of anticipated
major network projects that could affect Owest; at a minimum, the Paging
Provider wil provide at least ninety (90) days advance written notice of the
nature of the changes and when the change(s) wil 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.
6.10. Mileage Measurement
6.10.1. Where required, the mileage measurement for Type 1 dedicated
transport is measured from the V&H coordinates of the Owest Dial Tone
Office to the V&Hof the Owest Serving Wire Center.
6.10.2. Where required, the mileage measurement for Type 2 Service
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facilities and trunks is measured from the V&H coordinates of the Qwest
Local or LATAlolI Tandem or End Office to the V&H coordinates of the
Qwest Serving Wire Center.
7. INTERCONNECTION FACILITIES
7.1. Methods of Interconnection
The location of the POC will determine the method of interconnection. The following
. arrangements for interconnection are available: (1) Network Access Channel; (2)
Collocation; (3) Mid-Span Meet facilties.
7.1.1. Network Access Channel
7.1.1.1. A NAC facility extends from the Serving Wire Center of Qwest to
the Paging Provider's POC location. NAC facilties may not extend
beyond the area served by Qwests Serving Wire Center. A NAC must
always be provisioned with Type 1 and Type 2 Service for connection,
identification, and billng purposes.
7.1.1.2. The digital option for NAC is available only where technically
feasible or where Paging Provider agrees to pay Construction Charges to
build necessary facilities.
7.1.2. Mid-Span Meet POI - A Mid-Span Meet POI is a negotiated point of
connection, limited to the joining of facilities between Qwests switch and the
Paging Provider's paging terminaL. Mid-Span Meet POI may be accomplished by
the Parties through the negotiation of a separate Agreement. The actual physical
point of connection and facilties used wil be subject to negotiations between the
Parties. Each Party will be responsible for its portion of the build to the Mid-Span
Meet POI.
7.1.3. Collocation - Interconnection may be accomplished through the
Collocation arrangements offered by Qwest. The terms and conditions under
which Collocation wil be offered are described in the Collocation section of this
Agreement.
7.2. Quality of Interconnection
Qwest wil provision Paging Connection Service facilities in accordance with current
industry standards.
8. RESERVED FOR FUTURE USE
9. SERVICE IMPAIRMENT
9.1. 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 facilties of the other Part; 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
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privacy of any communications carried over the Part's facilties; or 4) create hazards to
the employees of either Part or to the public. Each of these requirements is hereinafter
referred to as an "Impairment of Service". Each Part shall use its best efforts to isolate a
trouble condition(s) to the other's facilties before reporting trouble to the other Part.
9.2. If either Part causes an impairment of service, as set forth in this Section, the
Part (the "Impaired Part") shall promptly notify the Part causing the impairment of
service (the "Impairing Part") of the nature and location of the problem. The Impaired
Part shall advise the Impairing Part that, unless promptly rectified, a temporary
discontinuance of the use of any circuit, facility or equipment may be required. The
Impairing Part and the Impaired Part agree to work together to attempt to promptly
resolve the Impairment of Service. If the Impairing Part is unable to promptly remedy the
Impairment of Service, the Impaired Part may temporarily discontinue use of the affected
circuit, facility or equipment.
9.3. When a Part reports trouble to the other Part, and no trouble is found in the
other Party's equipment, the reporting Part wil be responsible for payment of service
maintenance charges as specified in Qwests 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 wil not result in a charge if the trouble is
actually in that service, but not discovered at that time.
9.4. 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 Qwests equipment,
but is, in fact, a result of a failure in the equipment or service of Paging Provider.
9.5. To facilitate trouble reporting and to coordinate the repair of the service provided
by each Party to the other under this Agreement, each Part shall designate a Trouble
Reporting Control Office (TRCO) and a toll free telephone number for such service.
Qwests TRCO number is ( 800 ) 784-3414
Paging Provider's TRCO number is [phone]
This number shall give access to the location where facility records are normally located
and where current status reports on any trouble reports are readily available.
9.6. Where new facilities, services and arrangements are installed, the TRCO shall
ensure that continuity exists and take appropriate transmission measurements before
advising the other Party that the new circuit is ready for service.
9.7. Each Party shall use its best efforts to isolate a trouble condition(s) to the other's
facilities before reporting trouble to the other Part.
10. 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.
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11. ACCESS TO TELEPHONE NUMBERS
11.1 Number Resources Arrangements.
11.1.1. 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 wil be
considered the current standard.
11.1.2. 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 N PAs or new NXX codes.
11.1.3. Paging Provider may request blocks of telephone numbers from
Owest. Such blocks of telephone numbers will be assigned to the Paging
Provider from an NXX housed in the Owest Dial Tone Office. This wil 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, wil be assigned to the Dial Tone Office
from which numbers will be allocated. All numbers are assigned and
administered by Owest. The Paging Provider performs subadministration
(assigning specific numbers to individual subscribers).
11.1.4. 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 traffc 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.
11 .1.5. 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
T elcordia or its successor for obtaining routing information and shall provide
through an authorized LERG input agent, all required information regarding its
network for maintaining the LERG in a timely manner.
12. ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)
12.1 Description
12.1.1 Owest has developed ass 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 Owests Operations Systems. These gateways provide security for the
interface, protecting the integrity of the Owest network and its databases. Owests
operational systems interfaces have been developed to support Pre-ordering, Ordering
and Provisioning, Maintenance and Repair and Billng. Included below is a description
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of the products and functions supported by Owest OSS interfaces and the technology
used by each.
12.2 ass Support for Pre-Ordering, Ordering and Provisioning
12.2.1 ASR (Access Service Request) Ordering Process
12.2.1.1 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 Billng
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.
12.2.1.2 An 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 process
ASRs. It is the Paging Provider's responsibility to obtain the appropriate
software to access and interface with Owest systems.
12.2.1.3 Type 1 Interconnection can be ordered electronically via EXACT
and TEllS.
12.2.2 Functions
12.2.2.1 Access Service Request (ASR)
12.2.2.1.1
order.
The ASR transaction allows Paging Provider to submit an
12.2.2.2 Firm Order Confirmation (FOG)
12.2.2.2.1 Once an ASR is accepted by Owest, the assigned service
order number(s) is returned to Paging Provider. Firm Order Confirmation
means that Owest has received the ASR, issued the order and assigned
an order number for tracking. In addition, it identifies the due dates
Owest assigns to the order.
12.2.3 Facility Based EDI Listing Process
12.2.3.1 The Facility Based EDI Listing Process is a single interface from
Paging Provider to Owest. 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 Owest listing database. After
Owests daily batch processing, a Confirmation/Completion record (for every
PON provided on input) is returned to Paging Provider via an EDI 855
transaction.
12.2.3.2 Owest will continue to make improvements to the electronic
interfaces as the technology evolves, providing notification to Paging Provider
October 14, 2008/rsd/PageData/ID/Agreement No. CDS-080917-0002
Owest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 39
consistent with the provisions of this Section.
12.3 Hours of Operation
owest Operational Support Systems wil be available to Paging Provider' consistent with
the owest retail operations and internal processes that support pre-ordering, ordering
and provisioning, maintenance and repair, and billing as they are described in this
Agreement.
12.4 Billng
For products biled out of the owest lABS system, owest wil utilze the existing
CABSIBOS format and technology for the transmission of bills.
12.5 Outputs
lABS Bil - The lABS (Interexchange Access Biling System) Bil includes monthly and
onetime charges plus a summary of any usage charges. These bills are segmented by
product, LATA, billing account number (BAN) and bill cycle. The lABS Bil media is only
provided in the following media:
a)
b)
Paper
c)
NDM (Dedicated Circuit or dial-up)
InternetlEB (read only)
d)Diskette
12.6 Modifications to OSS Interfaces
12.6.1 Paging Provider and owest agree to discuss the modification of OSS interfaces
based upon evolving standards (e.g., data elements, protocols, transport networks, etc.)
and guidelines issued by or referenced by relevant Alliance for Telecommunication
Industry Solution (ATIS) Committees. Establishment of new, or changes to industry
standards and guidelines will be reviewed on no less than a quarterly basis commencing
on the effective date of this Agreement. This review will consider standards and
guidelines that have reached final closure as well as those published in final form. Both
Parties agree to evaluate evolving standards and determine the relevant modification to
be implemented based upon the latest approved version adopted or the latest version
reflecting final closure by the relevant ATIS committee or subcommittee. The Parties
wil 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.
12.6.2 In the course of establishing operational ready system interfaces between owest
and Paging Provider to support local service delivery, Paging Provider and owest may
need to define and implement system interface specifications that are supplemental to
existing standards. Paging Provider and Owest wil submit such specifications to the
appropriate standards committee and will work towards its acceptance as a standard.
12.6.3 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.
October 14, 2008/rsd/PageData/ID/Agreement No. CDS-080917-0002
Qwest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 40
Qwest wil 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.
12.6.4 This Section constitutes the entirety of the ass agreement. Nothing beyond
what is described herein should be implied or inferred.
12.7 Paging Provider Responsibilties for Implementation of ass Interlaces
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.
12.8 Wholesale Services (WS) Systems Help Desk
12.8.1 The WS Systems Help Desk wil 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.
12.8.1.1 Connectivity
12.8.1.1.1 Connectivity covers trouble with Paging Provider's access
to the Qwest System for modem configuration requirements; T1
configuration and dial in string requirements; firewall access
configuration; SecurlD configuration; Profile Setup and password
verification.
12.8.1.2 File Outputs
12.8.1.2.1 File outputs system errors are limited to lABS Bil and
Category 11 Report.
12.8.1.3 The WS Systems Help Desk does not support status or trouble
while the Service Order is processing through the ISC.
12.8.1.4 Hours of Operation
12.8.1.4.1 The WS Systems Help Desk is available Monday through
Friday, 6:00 a.m. until 8:00 p.m. Mountain Time, excluding Qwest
holidays.
12.9 Compensation/Cost Recovery
Recurring and nonrecurring ass 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 ass 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.
October 14, 2008/rsd/PageDatalID/Agreement No. CDS-080917-0002
Owes! Paging Type 1 and Type 2 Template Agreement, April 30, 2007 41
13. BONA FIDE REQUEST (BFR)
13.1. Any request for Interconnection that is not already available as described herein
shall be treated as a Bona Fide Request (BFR). Owest shall use the BFR Process to
determine the terms and timetable for providing the requested Interconnection, if
available, and the technical feasibility of new/different points of Interconnection. Owest
wil administer the BFR Process in a nondiscriminatory manner.
13.2. A BFR shall be submitted in writing and on the appropriate Owest form for BFRs.
Paging Provider and Owest wil work together to prepare the BFR form. This form shall
be accompanied by the non-refundable Processing Fee specified in Appendix A of this
Agreement. The form wil request, and Paging Provider wil 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.
13.3. Within fifteen (15) business days of its receipt, Owest shall acknowledge receipt
of the BFR and in such acknowledgment advise Paging Provider of missing information,
if any, necessary to process the BFR. Thereafter, Owest shall promptly advise Paging
Provider of the need for any additional information required to complete the analysis of
the BFR.
13.4. Within thirty (30) business days of its receipt of the BFR and all information
necessary to process it, Owest shall provide to Paging Provider a preliminary analysis of
the BFA. The preliminary analysis shall specify Owests conclusions as to whether or
not the requested Interconnection complies with the requirements set forth above.
13.4.1. Owest may review Paging Provider's credit standing and modify
the amount of deposit required.
13.4.2. If Owest determines during the thirty (30) day period that the BFR
qualifies under the Act, it shall notify Paging Provider in writing of such
determination within ten (10) business days.
13.43. As soon as feasible, but in any case within ninety (90) business
days after Owest notifies Paging Provider that the BFR qualifies under the Act,
Owest shall provide to Paging Provider a BFR quote. The BFR quote wil
include, at a minimum, a description of each Interconnection, the quantity to be
provided, any interface specifications, and the applicable rates (recurring and
nonrecurring) including the separately stated development costs and
construction charges of the Interconnection and any minimum volume and term
commitments required.
13.5 If Owest has indicated minimum volume and term commitments, then within
thirty (30) business days of its receipt of the BFR quote, Paging Provider must either
agree to purchase under those commitments, cancel its BFR, or seek mediation or
arbitration.
13.6. Owest will assess a late payment charge for any amounts not paid by the
payment due date. The late payment charge for amounts that are billed under this
October 14, 2008/rsd/PageData/ID/Agreement No. CDS-080917-0002
Owest Paging Type 1 and Type 2 Template Agreement, Apríl30, 2007 42
Agreement shall be in accordance with State Access tariff/Commission Rules and
Orders.
13.7 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.
14. MISCELLANEOUS TERMS
14.1. General Provisions
14.1.1. The Parties are each solely responsible for participation in and
compliance with national network plans, including the National Network Security
Plan and Emergency Preparedness Plan.
14.1.2. A quote for Paging Provider's portion of a specific job wil be
provided to Paging Provider. The quote will be in writing and wil be binding for
ninety (90) business da.ys after the issue date. When accepted, Paging Provider
wil be billed the quoted price and construction will commence after receipt of
payment. If Paging Provider chooses not to have Owest construct the facilities,
Owest reserves the right to bill Paging Provider for the expense incurred for
producing the engineered job design.
14.1.3. In the event a construction charge is applicable, Paging Provider's
service application date will become the date upon which Owest receives the
required payment.
October 14, 2008/rsd/PageData/ID/Agreement No. CDS-080917-0002
Owest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 43
APPENDIX A - Rates and Charges Description
1. FACILITY CHARGES- All rates and charges are defined in Exhibit A.
A. Type 1
(i) Between the Serving Wire Center serving Paging Provider's pac.,
Qwest wil provide if applicable all facilties including the NAC or
Channel Facility, Connectivity, Dial Outpulsing, Channel
Performance, Multiplexing and Dedicated Transport at no charge to
Paging Provider.
B. Type 2
(i) Subject to Section 5.5.2, Paging Provider when ordering new
facilties shall be obligated to pay the non recurring rates
described in Exhibit A for the portion of the facilties used to
deliver Third Party Traffic based on the following applicable Third
Party Traffic percentage, as follows:
AZ 21.1%
ID 24%
OR 31.45%
UT 17.05%
WA 20%
C. 100% of the Non recurring charges incurred due to Paging Provider
relocation or equipment change wil be paid.
2. INTERCARRIER COMPENSATION FOR DELIVERY OF TYPE 2 aWEST
ORIGINATED TRAFFIC wil be Bil and Keep.
3. BFR PROCESSING FEE All rates and charges are defined in Exhibit A.
Pursuant to Section 13, Bona Fide Request, Qwest shall apply a fee as listed in
Exhibit A for processing each Bona Fide Request submitted by Paging Provider.
October 14, 2008/rsd/PageData/ID/Agreement No. CDS-080917-0002
Owest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 44
APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A TWO YEAR FORECAST
DATE PREPARED: (update required quarterly)
Paging Provider's Point of Connection (POC) (one form required per POC)
New POC
Existing POC I For Internal Use Only
Paging Provider:ACNA:
POC Address:
City, State,Zip:
Switch ClLl Code (associated with NXX):
pac ClLl Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL PAGING DID Numbers associated with this POC:
Paging Provider's Eguipment Reguirements (check appropriate line(s))
Digital Analog 2-wire_ 4-wireTrunk Pulsing: Multifrequency (MF) Dial Pulse (DP)
_ Dual Tone Multifrequency (DTMF)
Start Signaling: Wink
Outpulsing (4-10 digits)
Immediate (IMM)Delayed Start
Network Channel Interface - Analog
_ Reverse. Battery - 600 ohms
_ Reverse Battery - 900 ohms
_ loop Start
_ E & M Signaling - Type I
_ E & M Signaling - Type II
Network Channel Interface - Digital:
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
October 14, 2008/rsd/PageData/ID/Agreement No. CDS-080917-0002
Owest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 45
APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
Year 1 Year 2
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
I For Inlemal Usa Only:
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information to this forecast, per Section
6.9.3 of thi~Agreement
Mail completed form to:Qwest
Type 1 Forecast Manger
700 W Mineral Ave., MTD28.28
Littleton, CO 80120
October 14, 2008/rsd/PageDataiID/Agreement No. CDS-080917-0002
Qwest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 46
APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A TWO YEAR FORECAST
DATE PREPARED:(update required quarterly)
Paging Provider's Point of Connection (POC) (one form required per POC)New POC For Internal Use Only
Existing POC
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLLI Code (associated with NXX):
POC CLLI Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billng Contact Name:
Billing Contact Phone Number:
List ALL PAGING DID Numbers associated with this POC:
Paginq Provider's Equipment Reguirements (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 - Analog
_ Reverse Battery - 600 ohms
_ Reverse Battery - 900 ohms
_ Loop Start
_ E & M Signaling - Type I
_ E & M Signaling - Type II
Network Channel Interface - Digital:
DS3
DS1 AMI +SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 BßZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
October 14, 2008/rsd/PageDatalID/Agreement No. CDS-080917-0002
Owest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 47
APPENDIX B . TYPE 1 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
Busy Season:
Average Busy Hour Minutes of Use
Year 1
Average Busy Hour Number of Messages
I For Inwmal Use Only:
Prepared by:Date:
Telephone Number:Title:
Year 2
Please attach additional major network project information to this forecast, per Section
6.9.3 of this Agreement
Mail.completed form to:Qwest
Type 1 Forecast Manger
700 W Mineral Ave., MTD28.28
Litteton, CO 80120
October 14, 2008/rsd/PageDatalID/Agreement No. CDS-080917-0002
Qwest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 48
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 CLlI Code (associated with NXX):
POC CLlI Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Biling 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 LATAfolI Tandems)
PaqinqProvider's Equipment Requirements (check appropriate line(s))
Trunk Pulsing
Multifrequency (MF-Wink Start)
Common Channel Signaling (SS7)
Digits Required (4-10 digits):
Network Channel Interlace - Digital only
(if D53, identify both D53 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
October 14, 2008/rsd/PageOata/IO/Agreement No. COS-080917-0002
Qwest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 49
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
Usage 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 6.9.3 of the Agreement
Mail completed form to:Qwest
Type 2 Forecast Manager
700 W Mineral Ave., MTD28.28
Littleton, CO 80120
October 14, 2008/rsd/PageData/ID/Agreement No. CDS-080917-0002
Owest Paging Type 1 and Type 2 Template Agreement, April 30,2007 50
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 CLLI Code (associated with NXX):
POC CLLI Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billng 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 LATAlolI 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 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
October 14, 2008/rsd/PageDatalID/Agreement No. CDS-080917-0002
Qwest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 51
APPENDIX 8 - TYPE 2 PAGING CONNECTION SERVICE
QUARTERLY 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
Usage 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 6.9.3 of the Agreement
Mail completed form to:Owest
Type 2 Forecast Manager
700 W Mineral Ave., MTD28.28
Littleton, CO 80120
October14, 2008/rsd/PageData/ID/ Agreement No. CDS-080917 -0002
Owest Paging Type 1 and Type 2 Template Agreement, April 30, 2007 52
Paging Type 1 Exhibit A
Idaho
Select the appropriate type of contract below.EAS I Local Traffic Reciprocal
For cost docket changes, leave blank:Compensation Election
it il Notes
4.5 Paaina Traffic
4.5.1 Entrance Faciltv & Trunkini: Chari:es
4.5.1.1 Analoq
4.5.1.1.2-Wire Analog Channels, 1-Way In (Land to Mobile)MTZ1X $0.00 $0.00 **
4.5.1.1.2 4-Wire Analog Channels, 1-Way In (Land to Mobile)MTJ1X $0.00 $0.00 **
4.5.1.2 Dioital
4.5.1.2.1 4-Wire Digital Channels, 1-Way In (Land to Mobile)M4W1X $0.00 *
4.5.1.3 Entrance F aciltv
4.5.1.3.1 DS1Levei MF31X . $0.00 $0.00 **
4.5.1.3.2 DS3Levei MF33X $0.00 $0.00 **
4.5.2 Intentionally Left Blank
4.5.3 Connectivitv
4.5.3.1 Analog, per Analog Channel CK6AX $0.00 *
4.5.3.2 DS1 Level, per DS1 Facilty CK61X $0.00 *
4.5.3.3 DS1 Activated on a DS3 Facilty, per DS1 Activated CK61X $0.00 *
4.5.4 Channel Perlormance
4.5.1 Loop Start PM2GG $0.00 *
4.5.2 Ground Start PM2HG $0.00 *
4.5.3 Loop with Reverse Battery PM2JG $0.00 .
4.5.5 Dedicated Transoort
4.5.5.1 Recurrino Charoes
4.5.5.1.1 DSO .
4,5.5.1.1.1 Over 0 to 8 Miles JZ3TA $0.00 $0.00 **
XU2T1
4.5.5.1..2 Over 8 to 25 Miles JZ3TB $0.00 $0.00 **
XU2T2
4.5.5.1.1.3 Over 25 to 50 Miles JZ3TC $0.00 $0.00 **
XU2T3
4.5.5.1 .1.4 Over 50 Miles JZ3TD $0.00 $0.00 **
XU2T4
*
4.5.5.1.2 DS1 *
4.5.5.1.2.1 Over 0 to 8 Miles JZ3JA $0.00 $0.00 .*
.XUWJ1
4.5.5.1.2.2 Over 8 to 25 Miles JZ3JB $0.00 $0.00 **
XUWJ2
4.5.5.1.2.3 Over 25 to 50 Miles JZ3JC $0.00 $0.00 **
XUWJ3
4.5.5.1.2.4 Over 50 Miles JZ3JD $0.00 $0.00 **
XUWJ4
4.5.6 Multiolexina
4.5.6.1 DS1 to DSO MXG1X $0.00 $0.00 *.
4.5.6.2 DS3to DS1 MXG3X $0.00 $0.00 *.
4.5.7 Dial Outoulsina
4.5.7.1 Per Each 1-Wav In or 2-Wav Channel (Land to Mobile)
4.5.7.1.1 Analog 2-Wire OUPAX $0.00 *
4.5.7.1.2 Analog 4-Wire OUPDX $0.00 *
4.5.7.1.3 Digital OUPDX $0.00 *
4.5.8 Operational Support Systems
4.5.8.1 Development and Enhancements. per Order URCTC $0.00 *
4.5.8.2 Ongoing Maintenance, per Order URCTD $0.00 .
April 29, 2005
Owest Idaho 1 st Revision Page 1 o( 2
Paging Type 1 Exhibit A
Idaho
4.5.8.3 Daily Usage Record File, per Record $0.000000
4.5.9
$1,851.86 B
NOTES:
Unless otherwise indicated, all rates are pursuant to Idaho Public Utiities Commission dockets listed below:
B: Cost Docket OWE-T-01-11, Order No. 29408 (January 5,2004) Rates effective January 5,2004
· Type 1 land to pager traffic wil be exchanged on a bil and keep basis between the Parties.
April 29, 2005
Owest Idaho 1 st Revision Page 2 of 2
Paging Type 2 Exhibit A
Idaho
Select the approiate type of contract below.EAS I Local Traffic ReciprocalFor cost docket changes, leve blank:Compensation Election
4.5 pan Traic
4.5.1 Entnce Faciltv and Trunkinii Chariies
4.5.1.1 2-Wire Analoo, Trunk-Side Tennination
4.5.1.1.1 2A 1-Way.ln Paging P231X $0.00 $63.31 ..
4.5.1.2 4-Wire Analoa, Trunk-Side Termination
4.5.1.2.1 2A 1-Way-ln Paging P431X $0.00 $63.31 ..
4.5.1.3 4-Wire Digital, Trunk-Side Tennination.
4.5.1.3.1 2A 1-Way-ln (Paging)
4.5.1.3.1.1 Initial P4Y1X $18.94 .
4.5.1.3.1.2 Subsequent P4Y1X $18.94 .
4.5.1.3.2 2B 1-Wav.ln (Paging)
4.5.1.3.2.1 Initial MZW1X $55.06 .
4.5.1.3.2.2 Subsequent M6Y1X $1.31 .
4.5.1.4 Entrance Faciltv
4.5.1.4.1 DS1 MF31X $0.00 $50.00 ..
4.5.1.4.2 DS3 MF33X $0.00 $66.66 ..
4.5.2 Intentionally Left Blank
4.5.3 Intentionallv Left Blank
4.5.4 Intentionallv Left Blank
4.5.5 Dedicated Transoort
4.5.5.1 Recurrina Charaes
4.5.5.1.1 DSO
4.5.5.1.1.1 Over 0 to 8 Miles JZ3TA $0.00 $0.00 ..
XU2T1
4.5.5.1.1.2 Over 8 to 25 Miles JZ3TB $0.00 $0.00 ..
XU2T2
4.5.5.1.1.3 Over 25 to 50 Miles JZ3TC $0.00 $0.00 ..
XU2T3
4.5.5.1.1.4 Over 50 Miles JZ3TD $0.00 $0.00 ..
XU2T4
4.5.5.1.2 DS1
4.5.5.1.2.1 Over 0 to 8 Miles JZ3JA $0.00 $0.00 ..
XUWJ1
4.5.5.1.2.2 Over 8 to 25 Miles JZ3JB $0.00 $0.00 ..
XUWJ2
4.5.5.1.2.3 Over 25 to 50 Miles JZ3JC $0.00 $0.00 ..
XUWJ3
4.5.5.1.2.4 Over 50 Miles JZ3JD $0.00 $0.00 ..
XUWJ4
4.5.5.1.3 DS3
4.5.5.1.3.1 Over 0 to 8 Miles JZ3KA $0.00 $0.00 ..
XUWK1
4.5.5.1.3.2 Over 8 to 25 Miles JZ3KB $0.00 $0.00 ..
XUWK2 .
4.5.5.1.3.3 Over 25 to 50 Miles JZ3KC $0.00 $0.00 ..
XUWK3
4.5.5.1.3.4 Over 50 Miles JZ3KD $0.00 $0.00 ...
XUWK4
4.5.5.2 Intentionallv Left Blank
4.5.5.3 Trunk Routino Rearranoement
4.5.5.3.1 2A Direct Final to Altemate Final NRB2F $17.91 .
2A Altemate Final to Direct Final NRB2H $17.91 .
4.5.6 MultDlexino
4.5.6.1 DSl toDSO MXG1X $0.00 $46.39 ..
Owest Idaho 1st Revision
April 21, 2005
Page 1 of 2
Paging Type 2 Exhibit A
Idaho
4.5.7
4.5.8
erOrder URCTC $5.00 B
URCTD $1.40 B
r Record $0.000419 B
4.5.9
$2,128.00 B
NOTES:
Unless otherwise indicated, all rates are pursuant to Idaho Public Utilities Commission Dockets:
B Cost Docket OWE-T -01-11, Order No. 29408 (January 5,2004) rates effective January 5, 2004.
Rates are a result of applying a Idaho Transit Factor of 24%
April 21, 2005
Page 2 of 2Owes! Idaho 1 st Revision