20110127Application.pdf

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Owest
1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]
Facsimile [phone]
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Maura E. Peterson
Paralegal
Regulatory Law
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Via Overnight delivery
January 26,2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. Q WE: -1-- l L -- 3
Application for Approval of Interconnection Agreement
Verizon Wireless
Dear Ms. Jewell:
Enclosed for filing is an original and three copies of the Application for Approval of an
Interconnection Agreement and Amendment between Qwest Corporation and Verizon
Wireless. Qwest respectfully requests that this matter be placed on the Commission Decision
Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.~.
Sincerely, )~' . Vv~
mep
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr (g q west.com
R.t:(~
LUI l JAN 27 AM 9=28
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
CASE NO.: Qi.6--T- il-03
APPLICATION FOR APPROVAL OF
INTERCONNECTION
Qwest Corporation ("Qwest") hereby fies this Application for Approval of
Interconnection Agreement ("Agreement"). The Agreement with Verizon Wireless ("Verizon")
is submitted herewith.
This Agreement was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that: the agreement (or
portiones) thereof) discriminates against a telecommunications carer 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 of these
findings, and, therefore requests that the Commission approve this Agreement expeditiously.
This Agreement is consistent with the public interest as identified in the pro-competitive policies
of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Agreement wil enable Verizon to
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT-
Verizon Wireless Page i
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests that the Commission approve this Agreement without a hearing.
Because this Agreement was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this ')fo~day of January, 2011.
Adam L. Sherr
Attorney for Qwest
APPLICATION FOR APPRO V AL OF INTERCONNECTION AGREEMENT-
Verizon Wireless Page 2
II ~
CERTIFICATE OF SERVICE
I hereby certify that on this ?-6tay of January, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all
parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
j jewell (gpuc.state.id.us
Hand Delivery
U. S. Mail
_X_ Overnight Delivery
Facsimile
Email
Verizon Wireless
Network Interconnection
1120 Sanctuary Parkway, Suite 150
Alpharetta, GA 30009
Hand Deli very
-l u. S. Mail
Overnight Delivery
Facsimile
Email /(
APPLICATION FOR APPRO V AL OF INTERCONNECTION AGREEMENT-
Verizon Wireless Page 3
.C;WE -"t - it -0 '3
Type 2 Wireless Interconnection Agreement
Between
Qwest Corporation
And
Verizon Wireless
For The State Of Idaho
Agreement Number
CDS -100901- 0006
.
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Type 2 Wireless Interconnection Agreement - CO Template 09-17-09
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.
Table of Contents
iSECTION 1.0- GENERAL TERMS ...............................................................................1
SECTION 2.0 . INTERPRETATION AND CONSTRUCTION .........................................2
SECTION 3.0 . WSP INFORMATION ............................................................................. 4
SECTION 4.0 . DEFINITIONS ........................................................................................5
SECTION 5.0- TERMS AND CONDITIONS ................................................................18
SECTION 6.0 . INTERCONNECTION ..........................................................................36
SECTION 7.0 . COLLOCATION.......................................... .........................................58
SECTION 8.0 . Intentionally Left Blank......................................................................59
SECTION 9.0 . ANCILLARY SERVICES ..................................................................... 60
SECTION 10.0- NETWORK SECURITY......................................................................61
SECTION 11.0 -Intentionally Left Blank....................................................................63
SECTION 12.0- ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) ............ 64
SECTION 13.0 . ACCESS TO TELEPHONE NUMBERS ............................................82
SECTION 14.0 . LOCAL DIALING PARITY ................................................................. 83
SECTION 15.0 . Intentionally Left Blank....................................................................84
SECTION 16.0 - BONA FIDE REQUEST PROCESS...................................................85
SECTION 17.0 - AUDIT PROCESS.............,................................................................ 88
SECTION 18.0 - CONSTRUCTION CHARGES ........................................................... 90
SECTION 19.0 - NETWORK STANDARDS .................................................................91
SECTION 20.0 - SIGNATURE PAGE ...........................................................................95
EXHIBIT A-
EXHIBIT B.
EXHIBITC.
EXHIBIT D.
EXHIBIT E.
EXHIBIT F.
EXHIBIT G.
EXHIBIT H.
EXHIBIT 1-
EXHIBIT J.
EXHIBIT K.
.
Rates
Service Performance
Intentionally Left Blank
Qwest Right of Way, Pole Attachment and/or Duct/lnnerduct
Occupancy General Information
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Intentionally Left Blank
Individual Case Basis
Intentionally Left Blank
Intentionally Left Blank
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.Section 1
General Terms
Section 1.0 - GENERAL TERMS
1.1 This Agreement for Type 2, two-way Wireless Interconnection is between the Verizon
Wireless entities listed on the signature page of this Agreement (collectively "VZW"), and Qwest
Corporation ("Qwest"), a Colorado corporation pursuant to Section 252 of the
Telecommunications Act of 1996, for purposes of fulfillng Qwests obligations under Sections
222, 251(a), (b), and (c), 252, 271, and other relevant provisions of the Act and the rules and
regulations promulgated thereunder. VZW is licensed by the Federal Communications
Commission ("FCC") as a Commercial Mobile Radio Service ("CMRS") Provider. Services
provided by Qwest to VZW under this Agreement are provided pursuant to VZW's role as a
CMRS provider of two-way traffc.
1 .2 This Interconnection Agreement sets forth the terms, conditions and pricing under which
Qwest will provide to VZW network Interconnection and Ancilary services within the
geographical areas in which Qwest is providing local Exchange Service at that time, and for
which Qwest is the incumbent Local Exchange Carrier within the state of Idaho for purposes of
exchanging local two way Telecommunications Services.
1.3 With respect to the terms and provisions of this Agreement, Qwest has negotiated the
Agreement in its entirety, and the inclusion of any particular provision, or rate, term and
condition, is not evidence of the reasonableness thereof when considered apart from all other
provisions of the Agreement.
.
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Section 2
Interpretation and Construction .
SECTION 2.0 -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 wil 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.
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 Qwest or VZW concerning
the interpretation or effect of the Existing Rules or an admission by Qwest or VZW that the
Existing Rules should not be changed, vacated, dismissed, stayed or modified. Nothing in this
Agreement shall preclude or estop Qwest or VZW 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 VZW, 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 wil 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
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.
.
.Section 2
Interpretation and Construction
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. 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.
2.3 Unless otherwise specifically determined by the Commission, in cases of conflict
between this Agreement and Qwests Tariffs, Product Catalog (PCAT), methods and
procedures, technical publications, policies, product notifications or other Qwest documentation
relating to Qwests or VZW's rights or obligations under this Agreement then the rates, terms
and conditions of this Agreement shall prevaiL. To the extent another document abridges or
expands the rights or obligations of either Party under this Agreement, the rates, terms and
conditions of this Agreement shall prevaiL.
.
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Section 3
Implementation Schedule .
SECTION 3.0 - WSP INFORMATION
3.1. VZW need not fill out a New Customer Questionnaire since they are an existing WSP in
the state of Idaho, however, VZW wil update ,its New Customer Questionnaire with any changes
in the required information that have occurred and communicate those changes to Qwest before
placing an order for a new product, VZW wil need to complete the relevant New Product
Questionnaire and amend this Agreement, as necessary.
.
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.Section 4
Definitions
SECTION 4.0 - DEFINITIONS
"Access Service Request" or "ASR" means the industry guideline forms and supporting
documentation used for ordering Access Services. The ASR wil be used to order trunking and
facilities between VZW and Owest for Wireless Interconnection Service.
"Access Services" refers to the interstate and intrastate switched access and private line
transport services offered for the origination and/or termination of interexchange traffc.
"Access Tandem Switch" is a switch used to connect End Offce Switches to Interexchange
Carrier Switches. Owests Access Tandem Switches are also used to connect and switch traffc
between and among Central Offce Switches within the same LATA and may be used for the
exchange of IntraMTA Traffic.
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as amended, and as
from time to time interpreted in the duly authorized rules and regulations of the FCC or the
Commission.
"Affliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled
by, or is under common ownership or control with, another person. For purposes of this
paragraph, the term 'own' means to own an equity interest (or the equivalent thereof) of more
than ten (10) percent.."Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines,
orders, permits and approval of any governmental regulations, including, but not limited to, the
Act, the regulations, rules, and final orders of the FCC and the Commission, and any final
orders and decisions of a court of competent jurisdiction reviewing the regulations, rules or
orders of the FCC or the Commission.
"ATIS" or "Allance for Telecommunications Industry Solutions" is a North American
telecommunication industry standards forum which, through its committees and working groups,
creates, and publishes standards and guidelines designed to enable Interoperability and
Interconnection for Telecommunications products and services. ATIS Standards and
Guidelines, as well as the standards of other industry fora, are referenced herein.
"Automatic Location Identification" or "ALI" is the automatic display at the Public Safety
Answering Point (PSAP) or the caller's telephone number, the address/location of the telephone
and supplementary emergency services information for Enhanced 911 (E911).
.
"Basic Exchange Telecommunications Service" means, unless otherwise defined in
Commission rules and then it shall have the meaning set forth therein, a service offered to End
User Customers which provides the End User Customer with a telephonic connection to, and a
unique local telephone number address on, the public switched telecommunications network,
and which enables such End User Customer to generally place calls to, or receive calls from,
other stations on the public switched telecommunications network. Basic residence and
business line services are Basic Exchange Telecommunications Services. As used solely in the
context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications
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Section 4
Definitions .
Service includes access to ancilary services such as 911, Directory Assistance (DA) and
Operator Services (OS).
"Bil Date" means the date on which a Billng period ends, as identified on the bil.
"Biling" involves the provision of appropriate usage data by one Telecommunications Carrier to
another to faciltate Customer Billng with attendant acknowledgments and status reports. It
also involves the exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Busy Line Verify/Busy Line Interrupt" or "BLV/BLI Traffc" means a call to an operator service
in which the caller inquires as to the busy status of or requests an interruption of a Wireline call
on another End User Customer's Basic Exchange Telecommunications Service line.
"Callng Party Number" or "CPN" is a Common Channel Signaling ("CCS") parameter, which
refers to the ten digit number transmitted through a network identifying the callng party.
"Carrier" or "Common Carriet' See Telecommunications Carrier.
"Carrier Liaison Committee" or "CLC" is under the auspices of ATIS and is the executive
oversight committee that provides direction as well as an appeals process to its subtending fora,
the Network Interconnection Interoperability Forum (NIIF), the Ordenng and Billng Forum
(OBF), the Industry Numbering Committee (INC), and the Toll Fraud Prevention Committee
(TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have a
logical home in one of the subtending forums. OBF and Network Installation and Maintenance
Committee (NIMC) publish business process rules for their respective areas of concern.
.
"Central Offce" means a building or a space within a building where transmission facilities or
circuits are connected or switched.
"Central Offce Switch" means a Switch used to provide Telecommunications Services,
including, but not limited to:
"End Offce Switches" which are used to terminate End User Customer station loops, or
equivalent, for the purpose of interconnecting to each other and to trunks; and
'Tandem Offce Switches" (or "Tandem Switches") which are used to connect and switch
trunk circuits between and among other End Offce Switches.
"Mobile Switching Centet' or "MSC" which is a Wireless Carrier's Switch(es) used by
VZW in performing originating and termination functions for calls exchanged between
VZW's End Users and other Telecommunications Carriers. A VZW MSC shall be
considered a Tandem Offce Switch(es) to the extent such Switch(es) serve(s) a
comparable geographic area as Qwests Tandem Offce Switch. A fact-based
consideration by the Commission of geography should be used to classify any switch on
a prospective basis
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.Section 4
Definitions
"Charge Numbet' (ChN) is a Common Channel Signaling parameter, which refers to the
number, transmitted through the network identifying the Biling number of the callng party.
Charge Number frequently is not the Callng Party Number (CPN).
"Collocation" is an arrangement where Owest provides space in Owest Premises for the
placement of VZW's equipment to be used for the purpose of Interconnection.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C. Section 332 and FCC
rules and orders interpreting that statute.
"Commission" means the Idaho Public Utilties Commission.
"Common Channel Signaling" or "CCS" means a method of exchanging call set up and network
control data over a digital signaling network fully separate from the Public switched Network that
carries the actual calL. Signaling System 7 (SS7) is currently the preferred CCS method.
"Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request,
pursuant to an Agreement, to obtain Interconnection, access to Unbundled Network Elements,
ancilary services, or resale of Telecommunications Services. CLEC is an entity authorized to
provide local Exchange Service that does not otherwise qualify as an Incumbent Local
Exchange Carrier (lLEC).
"Confidential Information" shall have the meaning set forth in Section 5.16.."Connecting Facility Assignment" or "CFA" is a slot or channel assignment of VZW identifying
where their DS1s or DS3 wil be connecting with the LEC. A CFA is the identifier or location
where VZW wil interconnect with the incumbent Telecommunications Carrier.
"Cross Connection" is a cabling scheme between cabling runs, subsystems, and equipment
using patch cords or jumper wires that attach to connection hardware on each end.
"Customer" is a Person to whom a Party provides or has agreed to provide a specific service or
set of services, whether directly or indirectly. Customer includes Telecommunication Carriers.
See also, End User Customer.
"Day" means calendar Days unless otherwise specified.
"Demarcation Point" means the point where Owest owned or controlled facilities cease, and
VZW, End User Customer, premises owner or landlord ownership or control of facilties begin.
"Dialing Parity" shall have the meaning set forth in Section 14.1.
"Digital Signal Level" means one of several transmission rates in the time-division multiplex
hierarchy.
."Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are 24 DSO channels in a OS1.
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Section 4
Definitions .
"Digital Signal Level 1" or "DS 1" means the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is
the initial level of multiplexing. There are 28 DS1s in a DS3.
"Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
"Due Date" means the specific date on which the requested service is to be available to VZW as
applicable.
"Effective Date" shall have the meaning set forth in Section 5.2.1.
"Electronic Bonding" is a real-time and secure electronic exchange of data between information
systems in separate companies. Electronic Bonding allows electronic access to services which
have traditionally been handled through manual means. The heart of Electronic Bonding is
strict adherence to both International and National standards. These standards define the
communication and data protocols allowing all organizations in the world to exchange
information.
"End User Customer" means a third party retail Customer that subscribes to a
Telecommunications Service provided by either of the Parties.
"Environmental Hazard" means any substance of which the presence, use, transport,
abandonment or disposal (i) requires investigation, remediation, compensation, fine or penalty
under any Applicable Law (including, without limitation, the Comprehensive Environmental
Response Compensation and Liability Act, Superfund Amendment and Reauthorization Act,
Resource Conservation Recovery Act, the Occupational Safety and Health Act and provisions
with similar purposes in applicable foreign, state and local jurisdictions) or (ii) poses risks to
human health, safety or the environment (including, without limitation, indoor, outdoor or orbital
space environments) and is regulated under any Applicable Law.
"Exchange Access" shall have the same meaning as in the Act.
.
"Exchange Message Interface" or "EM I" means the format used for exchange of
Telecommunications message information among Telecommunications Carriers. It is
referenced in the Allance for Telecommunications Industry Solutions (ATIS) document that
defines industry guidelines for the exchange of message records.
"Exchange Service" or "Extended Area Service (EAS)Local Traffc" means traffc that is
originated by a Wireline End User Customer and terminated to VZW within the Local Callng
Area as determined by the Commission.
"FCC" means the Federal Communications Commission.
"Firm Order Confirmation Date" or "FOC" means the notice Owest provides to VZW to confirm
that VZW's Access Service Order (ASR) has been received and has been successfully
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.Section 4
Definitions
processed. The FOC confirms the schedule of dates committed to by Owest for the
provisioning of the service requested.
"Individual Case Basis" or "ICB" shall have the meaning set forth in Exhibit i.
"Information Service" is the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information via
Telecommunications, and includes electronic publishing, but does not include any use of any
such capability for the management, control, or operation of a Telecommunications system or
the management of a Telecommunications Service.
"Information Services Providers" or "ISPs" are providers of Information Services.
"Integrated Digital Loop Carrier" means a subscriber loop carrier system, which integrates
multiple voice channels within the Switch on a DS1 level signaL.
"Intercarrier Compensation Credit" is a monetary credit for L-M Wireline to Wireless traffc which
is originated by a Owest WireJine End User Customer within the LATA, transported by Owest,
and is terminated to VZW's End User Customer within the MT A. The Parties agree that the
portion of the Intercarrier Compensation Credit for facilities only applies to two-way Type 2
Interconnection facilities.
."Interconnection" is as described in the Act and refers to the connection between networks for
the purpose of transmission and routing of traffc.
"Interconnection Agreement" or "Agreement" or "ICA" is an agreement entered into between
Owest and VZW for Interconnection, or other services as a result of negotiations, adoption
and/orarbitration or a combination thereof pursuant to Section 252 of the Act. When both
Parties execute this Agreement, subject to Commission approval, it becomes the
Interconnection Agreement between the Parties pursuant to Section 252(e) of the Act.
"Interconnections Database" or "ICONN" is a Owest database, available on the Owest Web Site,
which includes business and residence access line counts, switch types, and switch generics.
"Interexchange Carrier" (IXC) means a Carrier, other than VZW, that provides InterLATA or
IntraLATA Toll services.
"Interexchange Service" means telecommunications service between stations in different
exchange areas. Modification of Final Judgment, § IV(K), reprinted in United States v. Am. TeL.
& TeL. Co., 552 F. Supp. 131, 229 (D.D.C. 1982) (defining "interexchange telecommunications"
as "telecommunications between a point or points located in one exchange telecommunications
area and a point or points located in one or more other exchange areas or a point outside an
exchange area").
"lnterLATA" describes Telecommunications traffic between a point located in a Local Access
and Transport Area ("LATA") and a point located outside such area.
."lnterMTA" describes traffic to or from a CMRS carrier's network that originates in one MTA and
terminates in another MT A.
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Section 4
Definitions ."lnterMTA Factors" are ,factors that are used in intercarrier compensation to determine
InterMTA MOUs when VZW's End User Customer is initiating (M-L) or receiving (L-M) a call in
one MT A and terminating to another MT A.
"Internet Service Provider-Bound" or "ISP-Bound" refers only to the traffc delivered to an
Internet Service provider for which the FCC prescribed intercarrier compensation in the
Intercarrier Compensation for ISP-Bound Traffc, CC Docket No. 99-68, Order on Remand and
Report and Order, 16 FCC Rcd 9151 (2001 )(the "ISP Remand Order"). Such traffc does not
include traffic delivered to an Internet Service provider located in a different local callng area
than the callng party.
"lntraLATA" describes Telecommunications functions originating and terminating in the same
LATA.
"lntraLATA Toll" describes IntraLATA traffic outside the Local Callng Area.
"lntraMT A" describes traffc to or from a CMRS carrier that originates and terminates in the
same MTA.
"lntraMT A Traffc" is defined under this Agreement as that traffc subject to Intercarrier
Compensation that originates or terminates between VZW's and Owests network within the
MTA.
"Local Access and Transport Area" or "LATA" is as defined in the Act.."Local Callng Area" is a geographically defined area as established by the effective tariffs of
Owest, as approved by the Commission.
"Local Exchange Carrier" (LEC) means any Carrier that is engaged in the provision of telephone
Exchange Service or Exchange Access. Such term does not include a Carrier insofar as such
Carrier is engaged in the provision of a commercial mobile service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be included in the definition
of such term.
"Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference
Document used by LECs and IXCs to identify NPA-NXX routing and homing information as well
as Network Element and equipment designations.
"Local Number Portability" or "LNP" shall have the meaning set forth in Section 9.1.1.1.
"Local Service Request" or "LSR" means the industry standard forms and supporting
documentation used for ordering local services.
"Local Tandem Switch" is a Owest switch used to connect and switch trunk circuits between
End Offce Switches for traffic within an EAS/Local Callng Area..
"Location Routing Number" or "LRN" means a unique ten- (10)-digit number assigned to a
Central Offce Switch in a defined geographic area for call routing purposes. This ten- (10)-digit
number serves as a network address and the routing information is stored in a database.
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.Section 4
Definitions
Switches ròuting calls to subscribers whose telephone numbers are in portable NXXs perform a
database query to obtain the Location Routing Number that corresponds with the Switch serving
the dialed telephone number. Based on the Location Routing Number, the querying Carrier then
routes the call to the Switch serving the ported number. The term "LRN" may also be used to
refer to a method of LNP.
"Maintenance and Repait' involves the exchange of information between Carriers where one
initiates a request for maintenance or repair of existing products and services thereof from the
other with attendant acknowledgments and status reports in order to ensure proper operation
and functionality of facilities.
"Maintenance of Service charge" is a miscellaneous charge that relates to trouble isolation work
performed by Qwest. Basic Maintenance of Service charges apply when the Qwest technician
perform work during standard business hours. Overtime Maintenance of Service charges apply
when the Qwest technician performs work on a business day, but outside standard business
hours, or on a Saturday. Premium Maintenance of Service charges apply when the Qwest
technician performs work on either a Sunday or Qwest recognized holiday.
"Major Trading Area (MT A)" is a geographic area established in Rand McNally 1992
Commercial Atlas and Marketing Guide and used by the FCC in defining CMRS license
boundaries for CMRS providers for purposes of Sections 251 and 252 of the Act.
."Meet Point" is a point of Interconnection between two networks, designated by two
Telecommunications Carriers, at which one Carrier's responsibility for service begins and the
other Carrier's responsibilty ends.
"Meet-Point Billng" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an
arrangement whereby two (2) or more Telecommunications Carriers (including a LEC and VZW)
receive traffc in the same LATA that the call is to be terminated in or originated from, and jointly
provide Switched Access Service to an Interexchange Carrier, with each LEC (or VZW) biling
and receiving, if applicable, an appropriate share of the revenues from the IXC as defined by the
effective Switched Access Tariff or, if applicable, VZW contract.
"Mid-Span Meet" means an Interconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, whereby each provides its own cable and equipment up to the
Meet Point of the cable facilities.
.
"Mid-Span Meet POI" is a negotiated Point of Interface (POI), limited to the Interconnection of
facilities between the Qwest Serving Wire Center location and the location of the VZW switch or
other equipment located within the area served by the Qwest Serving Wire Center.
"Miscellaneous Charges" mean charges that apply for miscellaneous services provided at
VZW's request or based on VZW's actions that result in miscellaneous services being provided
by Qwest, as described in this Agreement.
"Multiple Exchange Carrier Access Biling" or "MECAB" refers to the document prepared by the
Biling Committee of the Ordering and Biling Forum (OBF), which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Allance for Telecommunications Industry
Solutions (ATIS). _ The MECAB document, published by ATIS (0401004-0009), contains the
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Definitions .recommended guidelines for the Billng of an access service provided by two or more
Telecommunications Carriers (including a LEC and/or a WSP), or by one LEC in two or more
states within a single LATA.
"Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services-
Industry Support Interface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Biling Forum (OBF), which functions under
the auspices of the Carrier Liaison Committee (CLC) of the Allance for Telecommunications
Industry Solutions (A TIS). . The MECOD document, published by ATIS (0404120-0006),
establishes recommended guidelines for processing orders for access service which is to be
provided by two or more Telecommunications Carriers (including a LEC and/or a WSP).
"Multiplexing" or "MUX" means the function which converts a 44.736 MBPS DS3 channel to 28
1.544 MBPS DS1 channels or a 1.544 DS1 channel to 24 DSO channels utilzing time division
Multiplexing.
"N-1 Carrier" means the Carrier in the call routing process immediately preceding the
terminating carrier. The N-1 Carrier is responsible for performing the database queries (under
the FCC's rules) to determine the LRN value for correctly routing a call to a ported number.
"North American Numbering Plan" or "NANP" means the basic numbering plan used for the
Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto
Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean Islands. The
NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as
the area code), followed by a 3-digit NXX code and 4-digit line number..
"Number Portability Administration Center" or "NPAC" means one (1) of the seven (7) regional
number portability centers involved in the dissemination of data associated with ported
numbers. The NPACs were established for each of the seven (7) original Bell Operating
Company regions so as to cover the fifty (50) states, the District of Columbia and the U.S.
territories in the North American Numbering Plan area.
"Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. It is a unique
three-digit indicator that is defined by the "A," "B" and "C" digits of each 10-digit telephone
number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2)
general categories of NPA: "Geographic NPA" is associated with a defined geographic area
and all telephone numbers bearing such NPA are associated with services provided within that
geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC
Code), is typically associated with a specialized Telecommunications Service which may be
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
"NXX," "NXX Code," "Central Offce Code," or "CO Code" is the three- (3)-digit Switch entity
code which is defined by the "0," "E" and "F" digits of a ten- (10) digit telephone number within
the NANP.
"Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12.
"Operator Tandem" means a Owest switching system that provides a traffc concentration and
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distribution function for Qwest operator assisted traffc.
"Ordering and Biling Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison Committee of the Allance for Telecommunications Industry
Solutions, concerned with inter-company ordering and Billng.
"Originating Line Information Parameter" or "OLIP" is a CCS SS7 signaling parameter that
identifies the line class of service, Le., originating screening and routing translation.
"Parity" means the provision of non-discriminatory access to Interconnection and other services
provided under this Agreement to the extent legally required on rates, terms and conditions that
are non-discriminatory, just and reasonable. Where Technically Feasible, the access provided
by Qwest wil be provided in "substantially the same time and manner" to that which Qwest
provides to itself, its End User Customers, its Affliates or to any other party.
"Party" means either Qwest or VZW and "Parties" means Qwest and VZW.
"PLU 2B" is a factor for determining the portion of Qwest originated traffc that rides the Type 2
facility between Qwests Tandem Switches or End Office Switches and VZW's POI for
calculation of the facilties credit to VZW.
.
"Person" is a general term meaning an individual or association, corporation, firm, joint-stock
company, organization, partnership, trust or any other form or kind of entity.
"Point of Interface" "Point of Interconnection" or "POI" is a physical demarcation between the
networks of two LECs (including a LEC and a WSP). The POI is that point where the exchange
of traffic takes place. "Point of Presence" or "POP" means the Point of Presence of an IXC.
"Port" is an action relating to porting a telephone number from one central offce switch to
another central offce switch using Local Number Portabilty.
"Premises" refers to Qwests Central Offces and Serving Wire Centers; all buildings or similar
structures owned, leased, or otherwise controlled by Qwest that house its network facilties; all
structures that house Qwest facilties on public rights-of-way; and all land owned, leased, or
otherwise controlled by Qwest that is adjacent to these Central Offices, Wire Centers, buildings.
and structures.
"Product Catalog" or "PCAT" is a Qwest document that provides information needed to request
services available under this Agreement. The PCAT is available on Qwests web site:
http://ww.qwest.com/wholesale/pcatlwirelesstype2.html
"Provisioning" involves the exchange of information between Telecommunications Carriers
where one executes a request for a set of products and services from the other with attendant
acknowledgments and status reports.
"Public Safety Answering Point" or "PSAP" is the public safety communications center where
911/E911 calls for a specific geographic area are answered.
"Public Switched Network" includes all Switches and transmission facilities, whether by wire or
radio, provided by any Common Carrier including LECs, IXCs and CMRS providers that use the
NANP in connection with the provision of switched services.
."Rate Centet' identifies 1) the specific geographic point identified by specific vertical and
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Definitions .horizontal (V&H) coordinates, which are used to measure distance sensitive End User
Customer traffc to/from the particular NPA-NXX designations with the specific Rate Center, and
2) the corresponding geographic area which is associated with one or more particular NPA-NNX
codes which have been assigned to a LEC for its provision of Telephone Exchange Service.
"Roamers" are end users of other wireless carriers that use the VZW network pursuant to
roaming agreements between such other wireless carriers and VZW. Roamers on the VZW
network in OR wil be treated similar to VZW's End Users.
"Roaming" is defined as a Telecommunications Service occurring when the End User Customer
of one CMRS provider utilizes the facilities of another CMRS provider. Most often, Roaming
occurs when the End User Customer is physically located outside the service area of his or her
service provider.
"Service Control Point" or "SCP" means a node in the CCS network to which information
requests for service handling, such as routing, are directed and processed. The SCP is a real
time database system that, based on a query from a Service Switching Point (SSP), performs
End User Customer or application-specific service logic and then sends instructions back to the
SSP on how to continue call processing.
"Service Switching Point" or "SSP" is a telephone switch that performs call processing on traffc
that originates, Tandems, or terminates at that site. Such call processing includes the
generation of SS7 messages to transfer call-related information to other SSPs and sending a
query to an SCP for instructions on call routing. SSPs are interconnected by SS7 links..
"Serving Wire Center" denotes the Qwest building from which dial tone for local Exchange
Service would normally be provided to a particular End User Customer Premises.
"Signaling System 7" or "SS7" is an out-of-band signaling protocol consisting of four basic sub-
protocols:
1) Message Transfer Part (MTP), which provides functions for basic routing of
signaling messages between signaling points;
2) Signaling Connection Control Part (SCCP), which provides additional routing and
management functions for transfer of messages other than call setup between signaling
points;
3) Integrated Services Digital Network User Part (ISUP), which provides for transfer
of call setup signaling information between signaling points; and
4) Transaction Capabilties Application Part (TCAP), which provides for transfer of
non-circuit related information between signaling points.
Single Point of Presence or "SPOP" is a Type 2 Interconnection trunking option that allows VZW
to establish one physical point of presence in the LATA in Qwests territory. Qwest and VZW
may then exchange traffc at the VZW's SPOP.
"Switch" means a switching device employed by a Carrier within the Public Switched Network.
Switch includes but is not limited to End Offce Switches, Tandem Switches, Access Tandem
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Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a
combination of End OfficelTandem Switches.
"Switched Access Service" means the offering of transmission and switching services to
Interexchange Carriers for the purpose of the origination or termination of telephone toll service.
Switched Access Services include: Feature Group A, Feature Group B, Feature Group D, 8XX
access, and 900 access and their successors or similar Switched Access Services.
"Tariff' as used throughout this Agreement refers to Qwest interstate Tariffs and state Tariffs,
price lists and price schedules.
.
"Technically Feasible" Interconnection, Collocation, and other methods of achieving
Interconnection at a point in the network shall be deemed Technically Feasible absent technical
or operational concerns that prevent the fulfillment of a request by a Telecommunications
Carrier for such Interconnection, access, or methods. A determination of technical feasibilty
does not include consideration of economic, accounting, Biling, space, or site concerns, except
that space and site concerns may be considered in circumstances where there is no possibilty
of expanding the space available. The fact that an incumbent LEC must modify its facilties or
equipment to respond to such request does not determine whether satisfying such request is
Technically Feasible. An incumbent LEC that claims that it cannot satisfy such request because
of adverse network reliability impacts must prove to the Commission by clear and convincing
evidence that such Interconnection, access, or methods would result in specific and signifcant
adverse network reliabilty impacts.
"Telecommunications" means the transmission, between or among points specified by the user,
of information of the user's choosing, without change in the form or content of the information as
sent and received.
"Telecommunications Carrier" means any provider of Telecommunications Services, except that
such term does not include aggregators of Telecommunications Services (as defined in Section
226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the
Act only to the extent that it is engaged in providing Telecommunications Services, except that
the Federal Communications Commission shall determine whether the provision of fixed and
mobile satellte service shall be treated as common carriage.
"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.
"Telephone Exchange Service" means a service within a telephone exchange, or within a
connected system of telephone exchanges within the same exchange area operated to furnish
to End User Customers intercommunicating service of the character ordinarily furnished by a
single exchange, and which is covered by the Exchange Service charge, or comparable service
provided through a system of Switches, transmission equipment or other facilities (or
combinations tt)ereof) by which a subscriber can originate and terminate a Telecommunications
Service.
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Definitions .
"Toll Free Service" means service provided with any dialing sequence that invokes Toll Free,
Le., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free
Service 800/888/877/866 NPA SAC codes.
"Transit Traffc" is any traffc that originates from one (1) Telecommunications Carrier's network
andlor its end user(s), transits another Telecommunications Carrer's network and terminates to
yet another Telecommunications Carrier's network andlor its end user(s).
"Trouble Isolation Charge" - see "Maintenance of Service."
"Trunk Group Servicing Request "TGSR" is the notification the Qwest Trunk Forecasting Group
sends to the Service Delivery Center to advise of blocking conditions on Carrier trunk groups.
"Waste" means all hazardous and non-hazardous substances and materials which are intended
to be discarded, scrapped or recycled, associated with activities VZW or Qwest or their
respective contractors or agents perform at Work Locations. It shall be presumed that all
substances or materials associated with such activities, that are not in use or incorporated into
structures (including without limitation damaged components or tools, leftovers, containers,
garbage, scrap, residues or by-products), except for substances and materials that VZW, Qwest
or their respective contractors or agents intend to use in their original form in connection with
similar activities, are Waste. Waste shall not include substances, materials or components
incorporated into structures (such as cable routes) even after such components or structures
are no longer in current use.
"Wire Center" means the location of a Qwest local switching facility containing one or more
Central Offces, as defined in the Appendix to Part 36, Chapter 1 of Title 47 of the Code of
Federal Regulations. Wire Center boundaries define the area in which all End User Customers
served by a given Wire Center are located. "Wireless" for the purposes of this Agreement, are
Telecommunications Services provided by a 2-way CMRS Carrier in accordance with its CMRS
license(s). This includes both cellular and personal communications service providers.
.
"Wireless Interconnection Service" or ("WIS)" is the Qwest product name for Interconnection as
described in Section 6 of this Agreement.
"Wireless Interconnection Service (WIS) Entrance Facility" is a DS1 or DS3 facility that extends
from VZW's Switch location or Point of Interconnection (POI) to the Qwest Serving Wire Center.
An Entrance Facility may not extend beyond the area served by the Qwest Serving Wire Center.
"Wireless Service Providet' or "WSP" for purposes of this Agreement is a 2-way CMRS provider
of Telecommunication Services
"Wireless Switched Access Traffc" is traffc that originates at one of VZW's End User
Customers and terminates at an IXC Point of Presence, or originates at an IXC Point of
Presence and terminates at one of VZW's End User Customers, when the traffc transits the
Qwest network. See Section 6.5.
"Wireline" are Telecommunications Services provided by Qwest or other non-CMRS
Telecommunications Carriers. These services are provided via a fixed land line network where
the End User Customers are stationary.
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"Work Locations" means any real estate that VZW or Qwest, as appropriate, owns, leases or
licenses, or in which it holds easements or other rights to use, or does use, in connection with
this Agreement.
Terms not otherwise defined here but defined in the Act and the orders and the rules
implementing the Act, shall have the meaning defined there. The definition of terms that are
included here and are also defined in the Act, or its implementing orders or rules, are intended
to include the definition as set forth in the Act and the rules implementing the Act.
.
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Terms and Conditions .
SECTION 5.0 - TERMS AND CONDITIONS
5.1 General Provisions
5.1.1 Intentionally Left Blank.
5.1.2 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.
5.1.3 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.
5.1.3.1 If such impairment is material and poses an immediate threat to the
safety of either Part'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 æuse 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
Part seeks to take or has taken pursuant to this provision, that Party may pursue
immediate resolution by expedited or other Dispute Resolution.
.
5.1.3.2 If the impairment is service impacting but does not meet the parameters
set forth in Section 5.1.3.1, 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 5.1.3.1. 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. '
5.1.3.3 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 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. If either Party fails
to correct any such impairment within fifteen (15) 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
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expedited or other Dispute Resolution.
5.1.3.4 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.
5.1.4 Each Party is solely responsible for the services it provides to its End User
Customers and to other Telecommunications Carriers. This provision is not intended to limit the
liabilty of either Party for its failure to perform under this Agreement.
5.1.5 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.
5.1.6 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 responsibilties and obligations under this Agreement. Notwithstanding the foregoing,
Qwest shall not assess any charges against VZW for services, facilties, Ancillary service and
other related works or services covered by this Agreement, unless the charges are expressly
provided for in this Agreement. All services and capabilties currently provided hereunder, to be
provided hereunder, shall be priced in accordance with all applicable provisions of the Act and
the rules and order of the Federal Communications Commission and orders of the Commission..5.2 Term of Agreement
5.2.1 This Agreement shall become effective the date of Commission Approval
("Effective Date"); however, the Parties may agree to implement the provisions of this
Agreement upon execution. This Agreement shall be binding upon the Parties for a term of
three (3) years upon Commission approval and shall expire three years from the Effective Date
unless the Parties mutually agree to any earlier termination.
5.2.2 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
5.2.2. Either Part may request negotiation of a successor agreement by providing written
notice to the other Party no earlier than one hundred sixty (160) Days prior to the expiration of
the initial term or anytime thereafter. Upon receipt of a Party's negotiation request, the Parties
shall commence good faith negotiations for a successor agreement following the statutory
timeframes established in the Act under Section 252(b).
5.2.3 While the Parties are in negotiations, or have filed for arbitration with the
Commission, both Parties shall continue to offer services to the other Party pursuant to the
rates, terms and conditions set forth in this Agreement until a successor agreement becomes
effective between the Parties.
.5.2.4 If the statutory clock established in the Act under Section 252(b) expires and no
successor agreement has been executed; and the Parties have not fied for arbitration with the
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Commission, this Agreement wil terminate. After such termination, the Parties' liabilty for
termination of this Agreement shall be limited to obligations under Section 5.17.
5.3 Intentionally Left Blank.
5.4 Payment
5.4.1 Amounts payable under this Agreement are due and payable within thirty (30)
Days after the date of invoice (Payment Due Date). If a Payment Due Date.falls on a Sunday,
or on a holiday which is observed on a Monday, the payment date shall be the first non-holiday
day following such Sunday or holiday. If a Payment Due Date falls on a Saturday or on a
holiday which is observed on Tuesday, Wednesday, Thursday or Friday, the payment date shall
be the last non-holiday day preceding such Saturday or holiday. For invoices distributed
electronically, the date of invoice is the same as if the invoice were biled on paper, not the date
the electronic delivery occurs. If either Party fails to make payment on or before the Payment
Due Date, the other Party may invoke all available rights and remedies.
5.4.2 One Party may discontinue processing orders for the failure of the other Party to
make full payment for the services, less any good faith disputed amount as provided for in
Section 5.4.4 of this Agreement, for the services provided under this Agreement thirty (30) Days
following the payment due date provided the Billng Party has notified the other Part in writing
at least ten (10) business days prior to discontinuing the processing of orders for services. If the
Biling Party does not refuse to accept additional orders for the 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 services from the non-complying Part without further notice. For order processing to
resume, the biled Party wil be required to make full payment of all charges for the services not
disputed in good faith under this Agreement. AdditionaHy, the Biling 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 biled Party reserves the right to seek
equitable relief, including injunctive relief and specific penormance.
.
5.4.3 The Billing Party may disconnect relevant services for failure by the biled Party
to make full payment, less any good faith disputed amount as provided for in Section 5.4.4 of
this Agreement, for the services provided under this Agreement sixty (60) Days following the
payment due date. The Billng Party wil notify the biled Party in writing at least ten (10)
business days prior to disconnection of the service(s). In case of such disconnection, all
applicable undisputed charges, including termination charges, shall become due. If the Billng
Party does not disconnect the biled Party's service(s) on the date specified in the ten (10)
business days notice, and the biled Part's noncompliance continues, nothing contained herein
shall preclude the Billing Party's right to disconnect services of the non-complying Party withöut
further notice. For reconnection of the services to occur, the biled 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 may request a deposit (or recalculate the deposit) as
specified in Section 5.4.5 and 5.4.7 from the biled Party, pursuant to this Section. The biled
Party wil pay the applicable reconnect charge set forth in Exhibit A required to reconnect each
service disconnected pursuant to this paragraph. 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 penormance.
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5.4.4 Should VZW or Owest dispute, in good faith, any portion of the charges under
this Agreement, the Parties will notify each other in wnting within fifteen (15) Days following the
payment due date identifying the amount, reason and rationale of such dispute. At a minimum,
VZW and Owest shall pay all undisputed amounts due. Both VZW and Owest agree to expedite
the investigation of any disputed amounts, promptly provide reasonably requested
documentation regarding the amount disputed, and work in good faith in an effort to resolve and
settle the dispute through informal means prior to invoking any other rights or remedies.
5.4.4.1 If a Party disputes charges and does not pay such charges by the
payment due date, such charges may be subject to late payment charges. If the
disputed charges have been withheld and the dispute is resolved in favor of the Billng
Party, the withholding Party shall pay the disputed amount and applicable late payment
charges no later than the next Bil 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 bil 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.
5.4.4.2 If a Party pays the disputed charges and the dispute is resolved in favor
of the Billng Party, no further action is required. If a Party pays the disputed charges at
the time of payment or at any time thereafter pursuant to Sectiori 5.4.4.3, and the
dispute is resolved in favor of the disputing Party, the Biling Party wil adjust the Billng,
within two (2) Billng cycles, after the resolution of the dispute, as follows:.(1) The Billng Party wil credit the Biled Party's bil for the disputed amount and
any associated interest; or
(2) If the disputed amount is greater than the bil to be credited, pay the
remaining amount to the Biled Party.
(3) The interest calculated on the disputed amounts wil be the same rate as latepayment charges. In no event, however, wil any late payment charges be
assessed on any previously assessed late payment charges.
.
5.4.4.3 If the Biled Party fails to dispute a rate or charge within sixty (60) Days
following the invoice date on which the rate or charge appeared, adjustment wil be
made on a going-forward basis only, beginning with the date of the dispute.
5.4.5 A material adverse change means VZW is repeatedly delinquent in making its
payments, or is being reconnected after a disconnection of Service or discontinuance of the
processing of orders by Owest due to a previous failure to pay undisputed charges in a timely
manner. Owest may require a deposit to be held as security for the payment of charges before
the orders from VZW wil be provisioned and completed or before reconnection of Service.
"Repeatedly delinquent" means any payment of a material amount of total monthly Billng under
the Agreement received after the Payment Due Date, three (3) or more times during the last
twelve (12) month penod. The deposit may not exceed the estimated total monthly charges for
a two (2) month penod based upon recent Biling. The deposit may be adjusted by VZW's
actual monthly average charges, payment history under this Agreement, or other relevant
factors, but in no event wil the security deposit exceed five milion dollars ($5,000,000.00). The
deposit may be an irrevocable bank letter of credit, a letter of credit with terms and conditions
acceptable to Owest, or some other form of mutually acceptable security such as a cash
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deposit. Required deposits are due and payable within thirt (30) Days after demand and non-
payment is subject to Sections 5.4.2 and 5.4.3 of this Agreement.
5.4.6 Interest wil be paid on cash deposits at the rate applying to deposits under
applicable Commission regulations. Cash deposits and accrued interest wil be credited to the
VZW'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 Qwest, which wil generally be one full
year of timely payments of undisputed amounts in full by VZW. Upon a material change in
financial standing, including factors referenced in Section 5.4.5 above, VZW may request and
Qwest will consider a recalculation of the deposit. The fact that a deposit has been made does
not relieve VZW from any requirements of this Agreement.
5.4.7 Qwest may review VZW's credit standing and modify the amount of deposit
required but in no event wil the maximum amount exceed the amount stated in 5.4.5 or another
amount, if approved by the Commission.
5.4.8 The late payment charge for amounts that are biled under this Agreement shall
be in accordance with Commission requirements.
5.4.9 Each Party shall be responsible for notifying its End User Customers of any
pending disconnection of a service by the billng Part, if necessary, to allow those End User
Customers to make other arrangements for such services.
5.4.10 VZW must not remit payment for the Services with funds obtained through the
American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans
that would obligate Qwest to provide certain information or perform certain functions unless
those functions and obligations are specifically agreed to by the Parties in this Agreement or in
an amendment to this Agreement.
.
5.4.11 No Party shall bil the other Party for traffc or services that is older than ninety
days.
5.5 Taxes
5.5.1 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 sellng Party is permitted by law to collect such taxes, fees or surcharges, from the
purchasing Party, such taxes, fees or surcharges shall be borne by the Party purchasing the
services. Each Party is responsible for any tax on its corporate existence, status or income.
Whenever possible, these amounts shall be biled as a separate item on the invoice. To the
extent a sale is claimed to be for resale tax exemption, the purchasing Party shall furnish the
providing Party a proper resale tax exemption certificate as authorized or required by statute or
regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax
exemption certificate is provided, no exemptions 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,
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provided that the Contesting Party pays any costs incurred by the Collecting Party. The
Contesting Party is entitled to the benefi of any refund or recovery resulting from the contest,
provided that the Contesting Party is liable for and has paid the tax contested.
5.6 Insurance
5.6.1 Each Party shall at all times during the term of this Agreement, at its own cost
and expense, carry and maintain the insurance coverage listed below with insurers having a
"Best's" rating of A-VII with respect to liability arising from that Party's operations for which that
Party has assumed legal responsibility in this Agreement. If either Party or its parent company
has assets equal to or exceeding ten billon dollars ($10,000,000,000), that Party may utilize an
Affliate captive insurance company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Party is relied upon to meet the ten bilion dollar ($10,000,000,000) asset
threshold, such parent shall be responsible for the insurance obligations contained in this
Section 5.6.1, to the extent its affiliated Party fails to meet such obligations.
5.6.1.1 Workers' Compensation with statutory limits as required in the state of
operation and Employers' Liability insurance with limits of not less than one hundred
thousand dollars ($100,000) each accident.
.
5.6.1.2 Commercial General Liability insurance covering claims for bodily injury,
death, personal injury or property damage occurring or arising out of the use or
occupancy of the premises, including coverage for independent contractor's protection
(required if any work wil be subcontracted), premises-operations, products and/or
completed operations and contractual liabilty with respect to the liabilty assumed by
each Party hereunder. The limits of insurance shall not be less than one milion dollars
($1,000,000) each occurrence and two millon dollars ($2,000,000) general aggregate
limit.
5.6.1.3 Business automobile liability insurance covering the ownership, operation
and maintenance of all owned, non-owned and hired motor vehicles with limits of not
less than one milion dollars ($1,000,000) per occurrence for bodily injury and property
damage.
5.6.1.4 Umbrella/Excess Liability insurance in an amount of ten millon dollars
($10,000,000) excess of Commercial General Liability insurance specified above. These
limits may be obtained through any combination of primary and excess or umbrella
liabilty insurance so long as the total limit is eleven milion dollars ($11,000,000).
5.6.1.5 "All Risk" Property coverage on a full replacement cost basis insuring all
of VZW personal property situated on or within the Premises or Remote Premises.
5.6.2 Each Party wil initially provide certificate(s) of insurance evidencing coverage,
and thereafter wil provide such certificates upon request. Such certificates shall (1) name the
other Party as an additional insured under commercial general liability coverage; (2) provide
thirty (30) Days prior written notice of cancellation of the policy(s) to which certificate(s) relate;
(3) indicate that coverage is primary and not excess of, or contributory with, any other valid andcollectible insurance purchased by the other Party; and (4) acknowledge severability of
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5.7 Force Majeure
5.7.1 Neither Part shall be liable for any delay or failure in performance of any part of
this Agreement from any cause beyond its control and without its fault or negligence including,
without limitation, acts of nature, acts of civil or military authority, government regulations,
embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental
disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event).
Inability to secure products or services of other Persons or transportation faciliies 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.
5.8 Limitation of Liabilty
5.8.1 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 contract, warranty, strict
liability, or tort, including (without limitation) negligence of any kind, shall be limited to the total
amount that is or would have been charged to the other Party by such breaching Party for the
service(s) or function(s) not performed or improperly performed. Each Part's liability to the
other Party for any other losses shall be limited to the total amounts charged to VZW under this
Agreement during the contract year in which the cause accrues or arises..
5.8.2 Neither Party shall be liable to the other for indirect, incidental, consequential, or
special damages, including (without limitation) damages for lost profis, lost revenues, lost
savings suffered by the other Party regardless of the form of action, whether in contract,
warranty, strict liabilty, tort, including (without limitation) negligence of any kind and regardless
of whether the Parties know the possibility that such damages could result.
5.8.3 Intentionally Left Blank.
5.8.4 Nothing contained in this Section shall limit either Party's liability to the other for
(i) wilful 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.
5.8.5 Nothing contained in this Section 5.8 shall limit either Party's obligations of
indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party's liabilty for
failing to make any payment due under this Agreement.
5.9 Indemnity
5.9.1 The Parties agree that unless otherwise specifically set forth in this Agreement
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the following constitute the sole indemnification obligations between and among the Parties:
5.9.1.1 Each of the Parties agrees to release, indemnify, defend and hold
harmless the other Party and each of its offcers, 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 reasonable attorneys' fees), whether suffered, made, instituted, or
asserted by any Person or entity, whether or not owned by others, resulting from the
Indemnifying Party's breach of or failure to perform a material obligation under this
Agreement, regardless of the form of action, whether in contract, warranty, strict liabilty,
or tort, including (without limitation) negligence of any kind.
.
5.9.1.2 In the case of claims or loss alleged or incurred by an End User Customer
of either Party arising out of or in connection with services provided to the End User
Customer by the Party, the Party whose End User Customer alleged or incurred such
claims or loss (the Indemnifying Party) shall defend and indemnify the other Party and
each of its offcers, directors, employees and agents (collectively the Indemnified Party)
against any and all such claims or loss by the Indemnifying Party's, End User Customers
regardless of whether the underlying service was provided by the Indemnified Party,
unless the loss was caused by the wilful 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 Party.
5.9.2 The indemnification provided herein shall be conditioned upon:
5.9.2.1 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 Party shall not relieve the Indemnifying Party of any liability that
the Indemnifying Party might have, except to the extent that such failure prejudices the
Indemnifying Party's ability to defend such claim.
5.9.2.2 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 Party shall have sole authority to defend any such
action, including the selection of legal counsel, and the Indemnified Party may engage
separate legal counsel only at its sole cost and expense. In the event that the
Indemnifying Party does not accept the defense of the action, the Indemnified Party shall
have the right to employ counsel for such defense at the expense of the Indemnifying
Party. Each Party agrees to cooperate with the other Party in the defense of any such
action and the relevant records of each Party shall be available to the other Party with
respect to any such defense. '
.
5.9.2.3 In no event shall the Indemnifying Party settle or consent to any judgment
pertaining to any such action without the prior written consent of the Indemnified Party.
In the event the Indemnified Party withholds consent, the Indemnified Party may, at its
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cost, take over such defense, provided that, in such event, the Indemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified
Party against, any cost or liability in excess of such refused compromise or settlement.
5.10 Intellectual Property
5.10.1 Except for a license to use any facilities or equipment (including software) solely
for the purposes of this Agreement or to receive any service 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 patènt, copyright, trade name trade mark, service
mark, trade secret, or other proprietary interest or intellectual property, now or hereafter owned,
controlled or licensable by either Party. Nothing in this Agreement shall be construed as the
grant to the other Party of any rights or licenses to trade or service marks.
5.10.2 Subject to Section 5.9.2, 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 Party provided or used pursuant to the terms of this Agreement
misappropriates or otherwise violates the intellectual property rights of any third party. In
addition to being subject to the provisions of Section 5.9.2, 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 facilities or services of any other
Person (including the Indemnified Part but excluding the Indemnifying Party and any of its
Affliates), 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 facility or service non-infringing. If the Indemnifying Party is not reasonably able to
obtain the right for continued use or to replace or modify the facility or service as provided in the
preceding sentence and either (a) the facility or service is held to be infringing by a court of
competent jurisdiction or (b) the Indemnifying Party reasonably believes that the facilty 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 Party take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting modifications to the facilities or
services, and such request shall not be unreasonably denied.
.
5.10.3 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 facilties and services provided hereunder, licenses under such intellectual
property rights as necessary for VZW to use such facilties and services as contemplated
hereunder and at least in the same manner used by Owest for the facilities and services
provided hereunder. Owest shall notify VZW 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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5.10.3.1 Owest covenants that it wil not enter into any licensing agreements with
respect to any Owest facilities, equipment or services, including softare, that contain
provisions that would disqualify VZW from using or interconnecting with such facilties,
equipment or services, including software, pursuant to the terms of this Agreement.
Owest warrants and further covenants that it has not and wil not knowingly modify any
existing license agreements for any network facilities, equipment or services, including
software, in whole or in part for the purpose of disqualifying VZW from using or
interconnecting with such facilities, equipment or services, including softare, pursuant
to the terms of this Agreement. To the extent that providers of facilities, equipment,
services or software in Owests network provide Owest with indemnities covering
intellectual property liabilties and those indemnities allow a flow-through of protection to
third parties, Owest shall flow those indemnity protections through to VZW.
5.10.4 Except as expressly provided in this Intellectual Property Section, nothing in this
Agreement shall be construed as the grant of a license, either express or implied, with respect
to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual
property right now or hereafter owned, controlled or licensable by either Party. Neither Party
may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual
property rights of the other Party or its Affliates without execution of a separate agreement
between the Parties.
.
5.10.5 Neither Party shall without the express written permission of the other Party,
state or imply that: 1) it is connected, or in any way affiliated with the other or its Affliates; 2) it is
part of a joint business association or any similar arrangement with the other or its Affilates; 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 goods and services are in any way associated with or originated from the other or
any of its Affliates. 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 Affilates in
any marketing, advertising or promotional activities or materials.
5.10.6 Owest and VZW 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 benefi of their respective Owners. The Parties shall comply with all
Applicable Law governing Marks worldwide and neither Party wil infringe the Marks of the other.
5.11 Warranties
5.11.1 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
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5.12 Assignment
5.12.1 Except as provided in this paragraph, neither Party may assign or transfer
(whether by operation of law or otherwise) this Agreement (or any rights or obligations
hereunder) to a non-affliated third part without the pnor written consent of the other Party.
Notwithstanding the foregoing, either Party may assign or transfer this Agreement to a corporate
Affliate or an entity under its common control without the consent of the other Party, provided
that the performance of this Agreement by any such assignee is guaranteed by the assignor.
Any attempted assignment or transfer that is not permitted is void ab initio. Without limiting the
generaliy of the foregoing, this Agreement shall be binding upon and shall inure to the benefit of
the Parties' respective successors and assigns.
5.12.2 In the event that Owest transfers, to any unaffliated Party, exchanges including
End User Customers that VZW serves in whole or in part through faciliies or services provided
by Owest under this Agreement, the transferee shall be deemed a successor to ,Qwests
responsibilties hereunder for a period of ninety (90) Days from notice to VZW 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 authonty as may give it such power. In the event of such a
proposed transfer, Owest shall use its best efforts to facilitate discussions between VZW and
the Transferee with respect to Transferee's assumption of Owests obligations pursuant to the
terms of this Agreement.
5.12.3 Nothing in this section is intended to restrict VZW's rights to opt into a Wireless
Interconnection Agreement under § 252(i) of the Act and 47 C.F.R. § 51.809..
5.13 Default
5.13.1 If either Part 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.
5.14 Disclaimer of Agency
5.14.1 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
Part, nor shall a Party have the right or authority to assume, create or incur any liabilty or any
obligation of any kind, express or implied, against or in the name or on behalf of the other Party
unless otherwise expressly permitted by such other Party. Except as otherwise expressly
provided in this Agreement, no Party undertakes to perform any obligation of the other Party
whether regulatory or contractual, or to assume any responsibilty for the management of the
other Party's business.
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5.15 Severabilty
5.15.1 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
unenforceabilty will 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.
5.16 Nondisclosure
.
5.16.1 All information, including but not limited to specifications, microfim, photocopies,
magnetic disks, 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 (iii) communicated and declared to the
receiving Party at the time of delivery, or by written notice given to the receiving Party within ten
(10) Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as"Confidential Information"), shall remain the property of the disclosing Party. A Party who
receives Confidential Information via an oral communication may request written confirmation
that the material is Confidential Information. A Party who delivers Confidential Information via
an oral communication may request written confirmation that the Party receiving the information
understands that the material is Confidential Information. Each Party shall have the right to
correct an inadvertent failure to identify information as Confidential 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 Confidential Information.
5.16.2 Upon request by the disclosing Party, the receiving Party shall return all tangible
copies of Confidential Information, whether written, graphic or otherwise, except that the
receiving Party may retain one copy for archival purposes.
5.16.3 Each Party shall keep all of the other Party's Confidential Information confidential
and wil disclose it on a need to know basis only. Each Party shall use the other Party's
Confidential Information only in connection with this Agreement. 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 Confidential Information from the other
Party for purposes of providing any Telecommunications Services, that Party 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 Confidential 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 Confidential Information, it wil notify such other Party immediately and use
reasonable efforts to retrieve the information.
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Terms and Conditions .5.16A Unless otherwise agreed, the obligations of confidentialiy and non-use set forth
in this Agreement do not apply to such Confidential 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 Part 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
Confidential 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 authonzation of the disclosing Party; or
g) is required to be disclosed by the receiving Part pursuant to Applicable Law or
regulation provided that the receiving Party shall give suffcient notice of the requirement
to the disclosing Party to enable the disclosing Part to seek protective orders..5.16.5 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
Confidential Information to any mediator, arbitrator, state or federal regulatory body, the
Department of Justice or any court in the conduct of any proceeding arising under or relating in
any way to this Agreement or the conduct of either Party in connection with this Agreement,
including without limitation the approval of this Agreement, or in any proceedings concerning the
provision of InterLAT A 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
Confidential Information pursuant to an appropriate protective order in any such proceeding.
5.16.6 Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Confidential Information provisions of this Agreement shall apply to all
information furnished by either Party to the other in furtherance of the purpose of this
Agreement, even if furnished before the Effective Date.
5.16.7 Each Party agrees that the disclosing Party could be irreparably injured by a
breach of the confidentiality obligations of this Agreement by the receiving Part 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.
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5.16.8 Nothing herein should be construed as limiting either Party's rights with respect
to its own Confidential Information or its obligations with respect to the other Party's Confidential
Information under Section 222 of the Act.
5.16.9 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 5.16.9.1 and 5.16.9.2.
5.16.9.1 The Parties may disclose, on a need to know basis only, VZW 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 VZW provided it to Owest
under this Agreement, as well as to VZW's wholesale account managers, wholesale WIS
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..5.16.9.1.1 Upon the specific order of the Commission, Owest may provide
the forecast information that VZW 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 VZW involved, in order to
allow it to prosecute such procedures to their completion.
5.16.9.2 The Parties shall maintain confidential forecasting information in secure fies and
locations such that access to the forecasts is limited to the personnel designated in subsection
5.16.9.1 above and such that no other personnel have computer access to such information.
5.17 Survival
5.17.1 Any liabilities or obligations of a Party for acts or omissions prior to the
termination of this Agreement, and any obligation of a Party under the provisions regarding
indemnification, Confidential or Proprietary Information, limitations of liability, and any other
provisions of this Agreement which, by their terms, are contemplated to survive (or to be
performed after) termination of this Agreement, shall survive cancellation or termination hereof.
.
5.18 Dispute Resolution
5.18.1 The Parties wil 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 wil within fifteen (15) Days after delivery of the wntten notice of dispute, designate a
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Section 5
Terms and Conditions .
knowledgeable, responsible and authorized 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 wil 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 wil be treated as Confidential Information
developed for purposes of settlement, and wil be exempt from discovery and production, and
not be admissible in any subsequent proceedings without the concurrence of both Parties.
5.18.2 If the designated representatives have not reached a resolution of the dispute
within thirty (30) Days after the written notice (or such longer period as agreed to in writing by
the Parties), then either Party may commence a civil action or regulatory proceeding, 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 Colorado if it has subject matter
jurisdiction over the action, and shall otherwise be brought in the Denver District Court for the
State of Colorado.
5.18.3 Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by
law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to
pursue any claim or action arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
5.18.4 No cause of action, including disputes raised pursuant to Section 5.4.4,
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 arises..
5.18.5 The Parties shall continue providing services to each other during the pendency
of any dispute resolution procedure, and the Parties shall continue to perform their payment
obligations including making payments in accordance with this Agreement.
5.19 Controllng Law
5.19.1 This Agreement is offered by Qwest and accepted by VZW 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.
5.20 Responsibilty for Environmental Contamination
5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from
the presence or release of any Environmental Hazard that either Party did not introduce to the
affected Work Location. Both Parties shall defend and hold harmless the other, its officers,
directors and employees from and against any losses, damages, claims, demands, suits,
liabilties, 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.
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Terms and Conditions
5.20.2 In the event any suspect materials within Qwest-owned, operated or leased
facilities are identified to be asbestos containing, VZW wil ensure that to the extent any
activities which it undertakes in the facilty disturb such suspect materials, such VZW activities
wil be in accordance with applicable local, state and federal environmental and health and
safety statutes and regulations. Except for abatement activities undertaken by VZW or
equipment placement activities that result, in the generation of asbestos-containing material,
VZW 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 VZW if Qwest undertakes any asbestos control or asbestos abatement
activities that potentially could affect VZW personnel, equipment or operations, including, but
not limited to, contamination of equipment.
5.21 Notices
5.21.1 Any notices required by or concerning this Agreement shall be in writing and
shall be suffciently 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 VZW at the addresses shown below:
.
Qwest Corporation
Director Interconnection Agreements
1801 California Street, Room 2400
Denver, CO 80202
Email: intagreeßùgwest.com
Phone: [phone]
Fax: [phone]
With a copy to:
Qwest Law Department
Associate General Counsel, Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Email: Legal.lnterconnectionßùgwest.com
Phone: [phone]
and to VZW at the address shown below:
Verizon Wireless
Attention: Counsel- Interconnection
1300 I Street NW, Suite 400W
Washington DC 20005
Phone: [phone]
Fax: [phone]
With a copy to:
Verizon Wireless
Network Interconnection
1120 Sanctuary Parkway, Suite 150
Alpharetta, GA 30009
Email: networkinterconnection.contractrequests(QVerizonWireless.com
Fax: [phone]
If personal delivery is selected to give notice, a receipt acknowledging such delivery must be
obtained. Each Party shall inform the other of any change in the above contact Person and/or
address using the method of notice called for in this Section 5.21.
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5.22 Responsibilty of Each Party
5.22.1 Each Party is an independent contractor, and has and hereby retains the right to
exercise full control of and supervision over its own penormance of its obligations under this
Agreement and retains full control over the employment, direction, compensation and discharge
of all employees assisting in the penormance 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 wil 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 penormance 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 Affliates, employees, agents and contractors during the penormance of
that Party's obligations hereunder.
5.23 No Third Party Beneficiaries
5.23.1 The provisions of this Agreement are for the benefit of the Parties and not for any
other Person. This Agreement wil not provide any Person not a Part 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.
5.24 Intentionally Left Blank.
5.25 Publicity
.
5.25.1 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 Part's ability to issue public statements with
respect to regulatory or judicial proceedings.
5.26 Executed in Counterparts
5.26.1 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.
5.27 Compliance
5.27.1 Each Party shall comply with all applicable federal, state, and local laws, rules
and regulations applicable to its penormance under this Agreement. Without limiting the
foregoing, Owest and VZW agree to keep and maintain in full force and effect all permits,
licenses, certificates, and other authorities needed to penorm their respective obligations
hereunder.
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Terms and Conditions
5.28
1994
Compliance with the Communications Assistance Law Enforcement Act of
5.28.1 Each Party represents and warrants that any equipment, facilties or services
pròvided to the other Party under this Agreement comply with the Communications Assistance
Law Enforcement Act of 1994 (CALEA). Each Party shall indemnify and hold the other Party
harmless from any and all penalties imposed upon the other Party for such noncompliance and
shall at the non-compliant Party's sole cost and expense, modify or replace any equipment,
facilties or services provided to the other Party under this Agreement to ensure that such
equipment, facilities and services fully comply with CALEA.
5.29 Cooperation
5.29.1 The Parties agree that this Agreement involves the provision of Owest services in
ways such services were not previously available and the introduction of new processes and
procedures to provide and bil such services. Accordingly, the Parties agree to work jointly and
cooperatively in testing and implementing processes for pre-ordering, ordering, maintenance,
Provisioning and Biling 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.
.5.30 Amendments
5.30.1 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.
5.30.2 Intentionally Left Blank.
5.30.3 The provisions of this Agreement, including the provisions of this sentence, may
not be amended, modifed 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, wil 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.
5.31 Entire Agreement
5.31.1 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.
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SECTION 6.0 - INTERCONNECTION
6.1 Interconnection Facilty Options
6.1.1 This Section descnbes the Interconnection of Owests network and VZW's
network for the purpose of exchanging IntraMT A, InterMT A, and Wireless Switched Access
Traffc. Intercarrier traffc exchange wil be mutual and reciprocal and all traffc exchanged
between the Parties must be provisioned pursuant to this Agreement. Owest wil provide
Interconnection at any technically feasible point within Owests network, including but not limited
to, (i) the trunk side of a local Switch and (ii) the trunk connection points for a Tandem Office
Switch. "Interconnection" is as described in the Act and refers, in this Section of the Agreement,
to the connection between networks for the purpose of transmission and routing of IntraMTA
traffc. Owests Wireless Interconnection Service is provided for the purpose of connecting End
Offce Switches to MSCs or MSCs to Local or Access Tandem Switches for the exchange of
IntraMTA Traffc; or MSCs to Access Tandem Switches for the exchange of InterMTA or
Wireless Switched Access Traffc. Owest Tandem to VZW Tandem Switch connections wil be
provided where technically feasible. New or continued Owest Local Tandem to Owest Access
Tandem and Owest Access Tandem to Owest Access Tandem Switch connections are not
required where Owest can demonstrate that such connections present a risk of Switch exhaust
and that Owest does not make similar use of its network to transport the local calls of its own or
any Affiliate's End User Customers.
6.1.1.1 Owest wil provide to VZW Interconnection at least equal in quality to that
provided to itself, to any subsidiary, Affliate, or any other party to which it provides
Interconnection. Notwithstanding specific language in other sections of this Agreement,
all provisions of this Agreement regarding Interconnection are subject to this
requirement. Owest wil provide Interconnection under rates, terms and conditions that
are just, reasonable and non-discriminatory.
.
6.1.2 Methods of Interconnection
6.1.2.1 The Parties wil negotiate the faciliies arrangement used to interconnect
their respective networks. VZW shall establish at least one (1) physical Point of
Interconnection in Owest territory in each LATA where VZW has local End User
Customers and has an NPAlNXX assigned to a Rate Center within the LATA. The
Parties shall establish, through negotiations, at least one (1) of the following
Interconnection arrangements, at any technically feasible point: (1) a DS1 or DS3 Owest
Provided WIS Entrance Facility; (2) Collocation; (3) negotiated Mid-Span Meet POi
facilities; or (4) Other technically feasible methods of Interconnection via the Bona Fide
Request (BFR) process unless a particular arrangement has been previously provided to
a third party, or is offered by Owest as a product.
6.1.2.1.1 Owest Provided WIS Entrance Facilty. Interconnection may be
accomplished through the provision of a DS1 or DS3 WIS Entrance Facility of
VZW's determination. A WIS Entrance Facility extends from the Owest Serving
Wire Center to VZW's Switch location or any Technically Feasible POI chosen by
VZW. Owest-provided WIS Entrance Facilities may not extend beyond the area
served by the Owest Serving Wire Center. The rates for Owest-provided WIS
Entrance Facilities are provided in Exhibit A. Owests private line transport
service is available as an alternative to WIS Entrance Facilities, when VZW uses
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such private line transport service for multiple services.
6.1.2.2. Collocation. Interconnection may be accomplished through the
Collocation arrangements offered by Owest. The terms and conditions under which
Collocation wil be available are described in Section 7.0 of this Agreement.
6.1.2.3. Mid-Span Meet POi. A Mid-Span Meet pal is a negotiated Point of
Interface, limited to the Interconnection of facilities between the Owest Serving Wire
Center location of the VZW Switch or other equipment located within the area served by
the Owest Serving Wire Center. The actual physical Point of Interface and facilities used
wil be subject to negotiations between the Parties. Each Party wil be responsible for its
portion of the build to the Mid-Span Meet POi. These Mid Span Meet pals wil consist
of facilities used for the exchange of traffc and joint provisioning of Telecommunications
Services to End User Customers and other Telecommunications Carriers, as well as
Ancilary trunks such as as, DA, and 911 trunk groups.
6.1.2.4. Owest agrees to provide local Interconnection trunk diversity to the same
extent it does so in Owests local network.
6.2 Exchange of Traffic
6.2.1 Description
.6.2.1.1 Section 6.2 addresses the exchange of traffc between VZW's network
and Owests network. Intercarrier traffc exchange covered by this Agreement is for
Wireless Interconnection for CMRS Carriers only in association with CMRS two-way
services. Other Interconnections are covered by a separate agreement or Tariff.
Wireless two-way Interconnection is intended for Wireless to Wireline or Wireline to
Wireless, but not Wireline to Wireline communications. For purposes of this Agreement,
Fixed Wireless used to connect two fixed locations via wireless technology is considered
a Wireline architecture. The Wireless Interconnection provided shall not be used to
terminate other types of traffc on Owests network, such as Wireline originated traffc.
Where either Party interconnects and delivers traffic to the other from third parties, each
Party shall bil such third parties the appropriate charges pursuant to its respective
Tariffs or contractual offerings for such third party terminations. Unless otherwise
agreed to by the Parties, by an amendment to this Agreement, the Parties wil directly
exchange traffc between their respective networks without the use of third party transit
provider.
6.2.1.2 The traffc types to be exchanged under this Agreement include:
6.2.1.2.1 IntraMT A traffc as defined in this Agreement.
6.2.1.2.2 InterMT A traffc as defined in this Agreement.
6.2.1.2.3 Intentionally Left Blank.
6.2.1.2.4 Wireless Switched Access Traffc as defined in this Agreement.
.6.2.1.2.5 For purposes of the Agreement, Transit Traffic does not include
traffc carried by Interexchange Carriers. That traffc is defined as Owest Wireless
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Section 6
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Switched Access Traffc which is addressed in Section 6.5. Transit Traffc is
provided by Owest, as a local and Access Tandem Switch provider to enable the
completion of calls originated by or terminated to VZW end users or end users of
another Telecommunications Carrier which is connected to Owests Switches.
The fees associated with Transit Traffc are to be paid to Owest by the
Telecommunications Carrier originating the Transit Traffc.
6.2.1.2.6 The Parties disagree as to the issue of whether voice traffc over
Internet protocol ("VoIP") originated with a VolP-enabled wireless handset by a
VZW End User or Roamer on the VZW network that is converted by VZW to
TDM and delivered to Owest within the MTA for termination to a Owest End User
is telecommunications traffc. Both Parties reserve their right to disagree without
either Party waiving any rights to advocate its position, including without
limitation, seeking appropriate remedies. For purposes of this Agreement,
however, both Parties agree that "VoIP" traffc onginated with a VolP-enabled
wireless handset by a VZW End User or Roamer on the VZW network that
is converted by VZW to TDM and delivered to Owest within the MT A for
termination to a Owest End User shall be treated as Telecommunications traffc
6.2.1.3 Intentionally Left Blank.
6.2.1.4 Traffc having special biling or trunking requirements includes, but are not
limited to, the following:
6.2.1.4.1 Ancilary trunks for:
6.2.1.4.1.1
6.2.1.4.1.2
Directory Assistance .
911/E911
6.2.1.4.1.3 Multi Frequency (MF) Wireless Switched Access
Traffc and Assistance Operator Services
6.2.1.4.1.4 Multi Frequency (MF) Wireless Switched Access
Traffc Toll Free Services; and
6.2.1.5 Toll Blocking Service is a Selective Class of Call Screening (Custom Net).
Selective Class of Call Screening restricts, by operator screen identification, outgoing toll
calls from trunks to collect, third party biled, and/or credit card calls only. Direct dialed
calls to Directory Assistance, 800/877/888, E911/911, 950, and Owest Repair are
permitted. It is available when VZW sends its traffc on outgoing Ancillary Trunks.
6.2.1.6 . Biled Number Screening allows VZW the capability of restricting
incoming collect and/or third number biled calls from being biled to their Ancilary
Trunks. Although these lines are outgoing trunks, the capability does exist to terminate
a collect and/or third number biled call to the line. Other long distance companies may
or may not subscribe to Billng Validation or recognize the biled number screening
indicator. Therefore, calls placed on other long distance company networks may
complete and bil collect and/or third number biled calls to the VZW account. Owest is
not responsible for any calls completed on other long distance company networks.
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6.2.2 Terms and Conditions
6.2.2.1 Transport and Termination of IntraMTA Traffic.
6.2.2.1.1 IntraMTA Traffic wil be terminated as Wireless Type 2
Interconnection Service.
6.2.2.1.2 As negotiated between the Parties, the transport of IntraMTA
Traffic may occur in several ways:
6.2.2.1.2.1 One-way or two-way trunk groups may be
established. However, if either Party elects to provision its own
one-way trunks for delivery of IntraMT A traffc to be terminated on
the other Party's network, the ordering Party wil provision its own
one-way trunks. The Party ordering one-way trunks wil choose
the POi location for such one-way trunks and is responsible for
one hundred (100%) percent of the costs of such trunk group.
.
6.2.2.1.2.2 VZW may purchase transport services from
Qwest or from a third party, including a third party that has leased
the private line transport service facilty from Qwest. Such
transport provides a facility for the Type 2 trunk to be provisioned
in order to deliver the originating Party's IntraMT A Traffc to the
terminating Party's End Offce Switch or Tandem Switch for call
termination. Transport may be purchased from Qwest as Tandem
Switch routed (Le., tandem switching, tandem transmission and
direct trunked transport) or direct routed to an end offce (i.e.,
direct trunked transport). This Section is not intended to alter
either Party's obligation under Section 251 (a) ofthe Act.
6.2.2.1.3 When either Party utilizes the other Party's Tandem Switch for the
exchange of IntraMTA traffic, where there is a DS1's worth of traffic (512 CCS)
between the originating Party's End Offce Switch delivered to the other Party's
Tandem Switch for delivery to one (1) of the other Party's End Offce Switches,
the originating Party wil order a direct trunk group to the other Party's End Offce
Switch. To the extent that VZW has established a Collocation arrangement at a
Qwest End Offce Switch location, and has available capacity, VZW may, at its
sole option, provide two-way direct trunk facilities from that End Offce Switch to
VZW's Switch.
6.2.2.1.4 Type 2 ordered to a Tandem Switch wil be provided as direct
trunked transport between the Serving Wire Center of the VZW's POi and the
Tandem Switch. Tandem transmission rates, as specified in Exhibit A of this
Agreement, wil apply to the transport provided from the Tandem Switch to
Qwests End Office Switch.
.
6.2.2.1.5 If direct trunked transport is greater than fifty (50). miles in length,
and existing facilties are not available in either Party's network, and the Parties
have not been able to resolve the issue through Mid-Span Meet arrangements,
and the Parties cannot agree as to which Party wil provide the facility, the
Parties may bring the matter before the Commission for resolution on an
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Individual Case Basis..
6.2.2.1.6 Regardless of the number of Location Routing Numbers (LRNs)
used by VZW in a LATA, Qwest wil route traffc destined for VZW's End User
Customers via direct trunking where direct trunking has been established. In the
event that direct trunking has not been established, such traffc shall be routed
via a Qwest Tandem Switch.
6.2.2.2 InterMT A Traffc
6.2.2.2.1 InterMT A Traffc wil be exchanged over Type 2 facilities and
usage wil be rated using the Qwests FCC's Access Tariff and the applicable
switched Access rates.
6.2.2.3 Transit Traffc
6.2.2.3.1 Qwest wil accept traffc originated by VZW's network and/or its
end user(s) for termination to other Telecommunications Carrier's network and/or
its end user(s) connected to Qwests Switch. Qwest wil also terminate traffic
from these other Telecommunications Carriers' networks and/or its end users to
VZW's network and/or its end users. For purposes of the Agreement, Transit
Traffc does not include traffc carried by Interexchange Carriers. Such traffc is
defined in Section 6.5 as Qwests Wireless Switched Access Traffc.
6.2.2.3.2 The Parties involved in transporting Transit Traffic wil deliver calls
to each involved network with CCS/SS7 protocol and the appropriatelSUPITCAP
messages to facilitate full interoperabilty and billng functions..
6.2.2.3.3 The originating company is responsible for payment of appropriate
rates to the transit company and to the terminating company. The Parties agree
that they have an obligation, and wil use all reasonable efforts, to enter into
traffc exchange agreements with third party Telecommunications Carriers prior
to delivering traffc to be transited to third party Telecommunications Carriers.
VZW represents and warrants to Qwest that it has and will make all reasonable
efforts to enter into the above-referenced traffc exchange agreements. In the
event one Party originates traffc that transits the second Party's network to reach
a third party Telecommunications Carrier with whom the originating Party does
not have a traffic exchange agreement, then the originating Party wil indemnify,
defend and hold harmless the second Party against any and all unpaid charges
levied by such third party Telecommunications Carrier, including any termination
charges related to such traffc and any reasonable attorneys fees and expenses
6.2.2.3.4 When Qwest receives an unqueried call from VZW to a telephone
number that has been Ported to another local services provider, the transit rate
wil apply in addition to any query rates.
6.2.2.3.5 In the case of a transit call that terminates in the Local Callng
Area but in a different state than the call originated, and VZW does not have an
agreement with Qwest in the state where the transit call terminated, VZW must
execute an agreement for that state if it is a state served by Qwest. In the
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absence of such agreement, the transit rate in Exhibit A of this Agreement wil be
biled to VZW.
6.2.2.4.Owests Wireless Switched Access Traffic (See Section 6.5)
6.2.2.5 Intenace Code Availability
Supervisory signaling specifications, and the applicable network channel intenace codes
for Type 2 trunks, are the same as those defined in Telcordia Reference Documents
GR-145-CORE and BR-795-403-100.
.
6.2.2.6 Signaling Options
6.2.2.6.1 SS7 Out of Band Signaling. SS7 Out-of Band Signaling must be
requested on orders for Type 2 trunks. Common Channel Signaling Access
Capability Service may be obtained under Owest Intrastate and/or FCC Access
Tariffs or from a third party signaling provider. SS7 signaling may be used on
Type 2 Equal Access Trunks in an offce where the SS7 Cell Feature has been
deployed. Each of the Parties, Owest and VZW, wil provide for Interconnection
of their signaling network for the mutual exchange of signaling information in
accordance with the industry standards as described in Telcordia documents,
including but not limited to GR-905 CORE, GR-954 CORE, GR-394 CORE and
Owest Technical Publication 77342.
6.2.2.6.2 Multi-Frequency Signaling or MF Signaling is a signaling
method used for ancilary services to transmit address information and
other information over voice frequency transmission facilities. It is also
referred to as In-Band Signaling.
6.2.2.6.3. Clear Channel Capability (64CCC) permits 24 DSO-64
Kbps services or 1.536 Mbps of information on the 1.544 Mbps/s line rate.
64CCC is available for Type 2 trunks equipped with SS7 Out-of-Band
Signaling. 64CCC must be requested on the order for the new Type 2
trunks. Owest wil provide VZW with a listing of Owest Switches fully
capable of routing 64CCC traffic through the Owest web site:
http://ww.qwest.com/disclosures. Where available to Owest, Owest wil
provide VZW with the same 64CCC on an alternate route or if necessary
via an overlay network.
6.2.2.7. The measurement of usage ends when the terminating or originating
Switch receives or sends disconnect supervision, whichever occurs first. This is
commonly referred to as "conversation time." The Parties wil only charge for actual
minutes of use and/or fractions thereof of completed calls. Minutes of use are
aggregated at the end of the billng cycle by End Offce Switch and rounded to the
nearest whole minute.
6.2.2.8 WIS Trunk Forecasting
.
6.2.2.8.1 Both VZW and Owest shall work in good faith to define a mutually
agreed upon forecast of Type 2 trunking.
6.2.2.8.2 Both Parties shall have the obligation to participate in joint
planning meetings to establish trunk design and Provisioning requirements. TheOctober 14, 2010/kjclNerizon/lD/CDS- 100901-0006 .
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Parties agree to provide mutual trunk forecast information to ensure End User
Customer call completion between the Parties' networks. Such forecasts shall
be for Type 2 trunking, which impacts the Switch capacity and facilties of each
Party. Owest shall provide VZW trunk group specific projections to VZW on or
before the date of the joint planning meeting.
6.2.2.8.3 Switch capacity growth requiring the addition of new switching
modules may require six (6) months for ordering and installation. To align with
the timeframe needed to provide for the requested facilities, including
engineering, ordering, installation and make ready activities, for capacity growth
Owest wil utilze VZW's semi-annual forecasts and near-term demand submitted
on Unforecasted Demand Notification Form to ensure availability of Switch
capacity.
6.2.2.8.4
period.
The forecast wil identify trunking requirements for a two (2) year
6.2.2.8.5 Both Parties wil follow the forecasting and Provisioning
requirements of this Agreement for the appropriate sizing of trunks, and use of
direct End Offce Switch versus Tandem Switch routing. See Section 6.2.2.1.3.
6.2.2.8.6 Joint planning meetings wil be used to bring clarity to the
forecasting process. Each Part wil provide adequate information associated
with' the Owest Type 2 Trunk Forecast Forms in addition to its forecasts. During
the joint planning meetings, both Parties shall provide information on major
network projects anticipated for the following year that may impact the other
Party's forecast or Interconnection requirements. No later than two (2) weeks
prior to the joint planning meetings, the Parties shall exchange information to
facilitate the planning process. Owest shall provide VZW a report reflecting then
current spare capacity at each Owest Switch that may impact the Interconnection
traffc. Owest shall also provide a report reflecting then current blocking of local
direct and alternate final trunk groups, Interconnection and non-Interconnection
alike. VZW wil be provided Interconnection trunk group data on its own trunks.
Owest shall also provide a report reflecting Tandem Switch routed
Interconnection trunking that has exceeded 512BHCCS. The information is
Owest-proprietary, provided under non-disclosure and is to be used solely for
Interconnection network planning.
.
6.2.2.8.7 In addition to the above information, VZW shall provide:
(a)Completed Owest Type 2 Trunk Forecast Forms; and
(b) Any planned use of an alternate third party transit provider
associated with intraMTA traffc terminating to Owests End Users.
6.2.2.8.8 In addition to the above information, the following information wil
be available through the Local Exchange Routing Guide (LERG) or the
Interconnections (ICONN) Database. The LERG is available through Telcordia.ICONN is available through the Owest Web site located at:
http://ww.qwest.com/cgi-bin/iconn/iconn.pl.
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(a)
(b)
(c)
(d)
(e)
Qwest Tandem Switches and Qwest End Offce Switches (LERG);
CLLI codes (LERG);
Business/Residence line counts (ICONN);
Switch type (LERG or ICONN); and
Current and planned Switch generics (ICONN).
Qwest wil notify VZW six (6) months prior to LERG amendment of a new Local
Tandem Switch.
6.2.2.8.9 Qwest network disclosure of deployment information for specific
technical capabilities (e.g., ISDN deployment, 64 CCC, etc.) shall be provided on
Qwests web site, http://ww.qwest.com/disclosures.
6.2.2.8.10 When appropriate, Qwest wil notify VZW through the Qwest
Trunk Group Servicing Request (TGSR) process of the need to take action and
place orders in accordance with the forecasted trunk requirements. VZW shall
respond to the TGSR within ten (10) business Days of receipt.
6.2.2.8.11 The following terms shall apply to the forecasting process:.6.2.2.8.11.1 VZW forecasts shall be provided to Qwest as detailed in
the standard Wireless Type 2 Trunk Forecast Form.
6.2.2.8.11.2 VZW forecasts provided to Qwest, information provided by
VZW to Qwest outside of the normal forecasting process to modify the
forecast, and forecasting information disclosed by Qwest to VZW shall be
deemed Confidential Information and the Parties may not distribute,
disclose or reveal, in any form, this material other than as allowed and
described in subsections 5.16.9.1 and 5.16.9.2.
6.2.2.8.12 To the extent that VZW's historical trunking underutilization is
such that it restricts Qwest from provisioning trunking to itself or other carriers
without Qwest augmenting its Switch for additional trunking capacity, Qwest
reserves the right to reclaim the facilties for the purpose of providing capacity to
itself or other carriers. Qwest shall not leave the VZW-assigned trunk group with
less than twenty five percent (25%) excess capacity. Ancillary trunks are
excluded from this treatment.
6.2.2.8.13 Intentionally Left Blank.
6.2.2.8.14 Each Party shall provide a specified point of contact for planning,
forecasting and trunk servicing purposes.
.
6.2.2.8; 15 Interconnection facilities provided on a route that involves
extraordinary circumstances may be subject to the Construction Charges, as
detailed in Section 19 of this Agreement. When Qwest claims extraordinary
circumstances exist, it must apply to the Commission for approval of such
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charges by showing that VZW alone is the sole cause of such construction.
Qwest shall initiate such proceeding within ten (10) Days of notifying VZW in
writing that it wil not construct the requested facilties, or within ten (10) Days of
notice from VZW in writing that Qwest must either commence construction of the
facilities or initiate such proceeding with the Commission. In this proceeding,
Qwest shall not object to using the most expeditious procedure available under
state law, rule or regulation. Qwest shall be relieved of its obligation of
constructing such facilties during the pendency of the proceeding before the
Commission. If the Commission approves such charges, Qwest and VZW wil
share costs in proportion to each Party's use of the overall capacity of the route
involved. Qwest and VZW may also choose to work in good faith to identify and
locate alternative routes that can be used to accommodate VZW forecasted
build. Extraordinary circumstances include, but are not limited to, natural
obstructions such as lakes, rivers, or steep terrain, and legal obstructions such
as governmental, federal, Native American or private rights of way. The standard
Qwest forecast period of six (6) months may not apply under these
circumstances. Construction Charges shall not apply in the event that
construction is an augment of an existing route.
6.2.2.9 Trunking Requirements
6.2.2.9.1 The Parties wil provide designed Interconnection facilities that meet the
same technical criteria and service standards, such as probability of blocking in peak
hours and transmission standards, in accordance with current industry standards.
6.2.2.9.2 Intentionally Left Blank..
6.2.2.9.3 Separate trunk groups wil be established based on biling, signaling, and
network requirements. The following is the current list of traffc types that require
separate trunk groups, unless specifically otherwise stated in this Agreement.
a) Directory Assistance trunks (where the Switch type requires
separation from operator services trunks);
b) 911/E911 trunks;
c) Operator services trunks (where the Switch type requires
separation from Directory Assistance trunks);
d) Mass callng trunks, if applicable.
6.2.2.9.3.1 I ntraMTA, and Wireless Switched Access Traffc (See
Section 6.5), may be combined in a single WIS trunk group at access
tandems as appropriate per Section 6.2.2.9.6. Wireless Switched Access
Traffc may, upon request, be routed on a separate WIS trunk group with
all other traffc combined on the other trunk group at access tandems as
appropriate per Section 6.2.2.9.6.
6.2.2.9.4 Trunks wil be ordered in increments of DS1 for exchange of IntraMTA
and Wireless Switched Access Traffc. Directory Assistance, 911/E911, operator Busy
Line Interrupt and Busy Line Verify; and Toll Free Service trunks may be ordered in DSO.
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6.2.2.9.5 The Parties wil provide Common Channel Signaling (CCS) to one
another in conjunction with all trunk circuits, except as provided below.
.
a) The Parties will provision all trunking using SS7/CCS capabilties.
Exceptions to this arrangement would be limited to operator services
trunking, Directory Assistance trunking and 911 trunking. Qwest wil not
require a Bona Fide Request to accomplish Interconnection with a Qwest
Central Offce Switch not currently equipped for SS7 and where MF
signaling is used. When the SS7/CCS option becomes available in the
Qwest network for said trunking, the Parties wil provision new trunks
using SS7. In addition, the Parties will jointly work to convert existing
trunking to SS7, as appropriate.
b) When the Parties interconnect via CCS for Wireless Switched
Access Traffc, the Tandem Switch provider wil provide MF/CCS
interworking as required for Interconnection with Interexchange Carriers
who use MF signaling.
6.2.2.9.6 VZW may interconnect at either the Qwest Local Tandem Switch or the
Qwest Access Tandem Switch for the delivery of IntraMTA traffc. When VZW is
interconnected at the Access Tandem Switch and where there would be a DS1's worth
of local traffc (512 BHCCS) between VZW's Switch and those Qwest End Offce
Switches subtending a Qwest Local Tandem Switch, VZW wil order a trunk group to the
Qwest Local Tandem Switch. As an alternative, VZW shall terminate traffc on Qwest
End Offce Switches. When Qwest lacks available capacity at the Access Tandem
Switch, Qwest wil arrange Local Tandem Switch or End Offce Switch Interconnection at
the same cost to VZW as Interconnection via the Qwest Access Tandem Switch.
6.2.2.9.6.1 Qwest wil allow Interconnection for the exchange of
IntraMTA traffc at Qwests access tandem without requiring Interconnection at
the local tandem, at least in those circumstances when traffc volumes do not
justify direct connection to the local tandem; and regardless of whether capacity
at the access tandem is exhausted or forecasted to exhaust, unless Qwest
agrees to provide Interconnection facilities to the local tandems or end offices
served by the access tandem, at the same cost to VZW as Interconnection at the
access tandem.
6.2.2.9.7 To the extent Qwest is using a specific End Offce Switch to deliver
limited Tandem Switch functionality to itself, a wireless service provider, a CLEC, or
another ILEC, it wil offer to arrange the same trunking for VZW.
6.2.2.9.8 Alternate Traffic Routing. If VZW has a WIS arrangement which provides
two (2) paths to a Qwest End Office Switch (one (1) route via a Tandem Switch and one
(1) direct route), VZW may elect to utilize alternate traffc routing. VZW traffc wil be
offered first to the direct trunk group (also referred to as the "primary high" route) and
then overflow to the Tandem Switch group (also referred to as the "alternate final" route)
for completion to Qwest End Offce Switches.
.
6.2.2.9.9 Host-Remote. When a Qwest Wire Center is served by a remote End
Offce Switch, VZW may deliver traffc to the host Central Offce or to the Tandem
Switch.
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6.2.2.10 Wireless Interconnection Requirements
6.2.2.10.1 As a part of the Wireless Interconnection requirements, VZW wil establish Type
2 trunk groups to the Owest Access Tandem, Owest Local Tandem or End Offce Switch(es), as
required.
6.2.2.10.2 Type 2A Local Tandem Interconnections
6.2.2.10.2.1 The Type 2A Local Tandem Interconnection links VZW's
POI to a Owest Local Tandem and is used for the exchange of IntraMTA
and incidental InterMTA Traffc between VZW and NPA-NXXs served by
the End Offces subtending the Local Tandem. This Interconnection
arrangement carries both first routed direct final traffc and traffc
overfowed on an alternate final basis from a Type 28 Primary High Use
Interconnection arrangement. A separate Type 2A Access Tandem
Interconnection is needed in conjunction with a Type 2A Local Tandem
Interconnection for the exchange of InterMT A, IntraMT A and Wireless
Switched Access Traffc.
6.2.2.10.3 Type 2A Access Tandem Interconnection
6.2.2.10.3.1 The Type 2A Access Tandem Interconnection links VZW's
POI to a Owest Access Tandem for the exchange of InterMTA and
Wireless Switched Access Traffc. In some circumstances, the VZW may
also choose to use a Type 2A Access Tandem connection for the
exchange of IntraMTA Traffc. A Type 2A Access Tandem connection
can be configured in either of the following ways: 1.) as a separate trunk
group for bothlntraMTA and InterMTA per section 6.2.2.9.6 excluding
Wireless Switched Access Traffc and a second trunk group for Wireless
Switched Access Traffc or 2.) as a single combined trunk group per
section 6.2.2.9.6 for IntraMTAllnterMTA/ireless Switched Access
Traffc. Wireless Interconnection service arrangement requires
connection to those Access Tandems in each LATA where VZW has
originating or terminating traffc.
.
6.2.2.10.4 Type 2A Equal Access Interconnection
6.2.2.10.5
6.2.2.10.4.1 This direct final route trunk group is used for the delivery of
Wireless Switched Access Traffc. It is an Interconnection with in-band
signaling or out of band signaling, where available, using Feature Group
D signaling protocol between VZW's POI and the Access Tandem serving
the area in which the POI is located. The service enables VZW's End
User Customers to use their pre-subscribed Interexchange Carrier of
choice. Equal Access trunks are available as one way out (mobile to
land) in an offce where the SS7 Cell Feature has been deployed and are
not available as one way in (land to mobile), two way or for paging trunks.
Type 28 Interconnections
6.2.2.10.5.1 Type 2B Primary High Use Interconnection
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6.2.2.10.5.1.1 The Type 28 Primary High Use Interconnection is a
two-way trunk group Interconnection between VZW's POI and a Owest
End Offce, within the same LATA. VZW must designate a Type 2A
Trunk Group to a Owest Local Tandem or Access Tandem Switch for
overfow. Type 28 Primary High Use service is only available in
conjunction with an associated Type 2A service and is offered only where
facilities and operating conditions permit. VZW's IntraMT A and incidental
lnterMTA and Owests Local Traffc can be exchanged over this
Interconnection. VZW wil not route ancilary traffc or Wireless Switched
Access Traffic through the Type 28 Primary High Use Interconnection.
Type 28 Primary High Use trunks are required when actual busy hour
traffic exceeds 512 CCS to a Owest End Offce. Only traffc destined to
telephone numbers associated with the Owest End Offce and the VZW's
POI may be exchanged on this trunk group.
6.2.2.10.5.2 Type 28 Full Group Service Interconnection
6.2.2.10.5.2.1 The Type 28 Full Group Service is a direct final, two-way
trunk group connection between VZW POI and a Owest End Offce, within
the same LATA. Each 28 Full Group serves only the individual End
Offce. Overfow capability to an alternative trunk group is not available
with a Type 28 Full Group configuration. Only traffc destined to
telephone numbers associated with the Owest End Offce and VZW's POI
may be exchanged on this trunk group..6.2.2.10.6 Type 2D Interconnection
6.2.2.10.6.1 Type 2D Interconnection is a direct final route trunk group
between a VZW Point of Interconnection and the Operator Services Tandem for
the delivery of calls (Le., Directory Assistance, National Directory Assistance,
Operator Services). Type 2D Interconnection is a direct route to the Operator
Services Tandem only. Type 2D trunks are available as one way out, mobile to
land (to the Owest Operator Tandem); they are not available as one way in or for
paging. Owest offers Signaling System 7 (SS7) and Multi-frequency (MF)
signaling on Type 2D Interconnection.
6.2.2.10.7 Ancilary Interconnection
6.2.2.10.7.1 One-way mobile to land trunk group connection between the VZW
POI and the Owest network to terminate calls for miscellaneous traffc including:
Directory Assistance, Operator Services (collect, credit card and Third Party
8i1ed), MF Toll Free Services, and E911/911.
6.2.2.11 Testing
6.2.2.11.1 Acceptance Testing. At the time of installation of aWlS
trunk group, and at no additional charge, acceptance tests wil be
performed to ensure that the service is operational and meets the
applicable technical parameters.
.6.2.2.11.2 Testing Capabilties
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6.2.2.11.2.1 Type 2 acceptance testing is provided where equipment is
available, with the following test lines: seven-digit access to balance (100
type), millwatt (102 type), nonsynchronous or synchronous, automatic
transmission measunng (105 type), data transmission (107 type), loop-
around, short circuit, open circuit, and non-inverting digitalloopback (108
type), and such other acceptance testing that may be needed to ensure
that the service is operational and meets the applicable technical
parameters.
6.2.2.11.2.2 In addition to Type 2 acceptance testing, other tests are
available (e.g., additional cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled
testing, and non-scheduled testing) at the applicable rates found in
Exhibit A, Miscellaneous Charges.
6.2.2.11.3 Repair Testing. At the time of repair of a Type 2 trunk
group, at no additional charge, tests wil be performed to ensure that the
service is operational and meets the applicable technical parameters.
6.2.2.12 Mileage Measurement. Where required, the mileage measurement for Type 2
rate elements is determined in the same manner as the mileage measurement for V & H
methodology as outlined in NECA Tariff NO.4.
6.3 Intercarrier Compensation
6.3.1 Interconnection Facilty Options
The Intercarrier Compensation Provisions of this Agreement shall apply to the exchange of
IntraMTA Traffc between VZW's network (which includes VZW's End User Customers and
IntraMTA Roamers on the VZW network in Idaho) and Qwests network. Where either Party
interconnects and delivers traffc to the other Party from third parties, each Party shall bil such
third parties the appropriate charges pursuant to its respective tariffs, price lists or contractual
offerings for such third party terminations. Absent a separately negotiated agreement to the
contrary, the Parties wil exchange traffc between their respective networks without the use of
third party transit provider.
.
6.3.1.1 WIS Entrance Facilities
6.3.1.1.1 Recurring and nonrecurring rates for Entrance Facilities are specified in
Exhibit A and wil apply for those DS1 or DS3 facilties dedicated to use by Type 2
Service.
6.3.1.1.2 If VZW chooses to provision WIS facilities over an existing facility
purchased as private line transport service from the Qwest state or FCC access Tariffs,
the rates, from those Tariffs wil apply.
6.3.1.2 Collocation
6.3.1.2.1 See Section 7.
6.32 Direct Trunked Transport
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6.3.2.1.VZW may elect to purchase Oirect Trunked Transport ("OTT") from Owest
6.3.2.1.1 OTT is available between the Serving Wire Center of the POi and the
terminating and/or transiting Party's Tandem Switch or End Offce Switches. The
applicable rates are described in Exhibit A. OTT facilities are provided as dedicated
OS3, OS1 or OSO facilities.
6.3.2.1.2 When OTT is provided to a local or Access Tandem Switch for IntraMTA
traffc, or to an Access Tandem Switch for Wireless Switched Access Traffc, the
applicable OTT rate elements apply between the Serving Wire Center and the Tandem
Switch. Additional rate elements for delivery of traffc to the terminating End Offce
Switch are tandem switching and tandem transmission. These rates are described
below.
6.3.2.1.3 Mileage shall be measured for OTT based on V&H coordinates between
the Serving Wire Center and the local/Access Tandem or End Office Switch.
6.3.2.1.4 Fixed Charges per OSO, OS1 or OS3 and per mile charges are applicable
and are defined for OTT in Exhibit A of this Agreement
6.3.2.3 Multiplexing options (OS1/0S3 MUX or OSO/OS1 MUX) are available at
the rates specified in Exhibit A.
6.3.3 Trunk Nonrecurring Charges.6.3.3.1 Installation nonrecurring charges may be assessed by the provider for
each Type 2 trunk ordered. Owest rates are specified in Exhibit A.
6.3.3.2 Nonrecurring charges for rearrangement may be assessed by the
provider for each Type 2 trunk rearrangement ordered, at one-half the trunk non-
recurring interface rates specified in Exhibit A.
6.3.4 Ancilary Interconnection Trunks
6.3.4.1 Recurring and nonrecurring rates for one-way mobile to land ancillary
trunks are specified in Exhibit A and wil apply per one-way mobile to land ancillary trunk.
6.3.5 IntraMT A Traffic
6.3.5.1 End Office Call Termination
.
6.3.5.1.1 The Parties agree that based on an actual three month traffc
study (April through June 2010) measuring M-L and L-M originating and
terminating traffc between Owests and VZW's network, the traffc is relatively
balanced. Therefore, the end offce call termination compensation for IntraMTA
Traffic shall be based upon the bil and keep compensation mechanism, whereby
neither Part charges the other Party reciprocal compensation for the termination
oflntraMTA Traffc originated by the other Party. Bil and keep shall govern
compensation for such traffc exchanged by the Parties in this state unti the
earlier of: (1) the expiration of this agreement, or (2) further action by the Federal
Communications Commission, or a court of competent jurisdiction, vacates,
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Interconnection .replaces, modifies, or supersedes the applicable rules adopted in Order on
Remand and Report and Order, CC Docket Nos. 96-98, 99-68, FCC 01-131 (reI.
Apr. 27, 2001).
6.3.5.1.2 Intentionally left Blank.
6.3.5.1.3 Neither Party shall be responsible to the other for call termination
charges associated with third part traffc that transits such Party's network.
6.3.5.2 Tandem Switched Transport
6.3.5.2.1 The Parties agree that based on an actual three month traffc
study (April through June 2010) measuring M-L and L-M originating and
terminating traffc between Qwests and VZW's network, the traffc is relatively
balanced. Therefore, the tandem switching and tandem transmission
compensation for IntraMTA Traffc shall be based upon the bil and keep
compensation mechanism, whereby neither Party charges the other Party
reciprocal compensation for the termination of IntraMTA Traffc originated by the
other Party. Bil and keep shall govern compensation for such traffc exchanged
by the Parties in this state until the earlier of: (1) the expiration of this agreement,
or (2) further action by the Federal Communications Commission, or a court of
competent jurisdiction, vacates, replaces, modifies, or supersedes the applicable
rules adopted in Order on Remand and Report and Order, CC Docket Nos. 96-
98,99-68, FCC 01-131 (reI. Apr. 27, 2001).
6.3.6 Miscellaneous Charges .Miscellaneous Charges apply for the following miscellaneous services when provided with WIS
trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document
that provides the amount of each Miscellaneous Charge.
6.3.6.1 Cancellation charges wil apply to cancelled Type 2 trunk orders based
upon critical dates, terms and conditions in accordance with the Access Service Tariff
Section 5.2.3, and the Trunk Nonrecurring Charges referenced in this Agreement.
6.3.6.2 Expedite requests for WIS trunk orders are available. Expedites are
requests for intervals that are shorter than the interval defined in Qwests Service
Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. Expedite charges apply
per order for every day that the Due Date interval is shortened, based on the standard
interval in the SIG or based on ICB criteria for Due Dates.
6.3.6.2.1 VZW wil request an expedite for WIS trunks, including an
expedited Due Date, on the Access Service Request (ASR).
6.3.6.2.2 The request for expedite wil be approved only when the request
meets the criteria outlned in the Pre-Approved Expedite Process in Qwests
Product Catalog at Qwests wholesale web site.
6.3.6.3 Additional testing including cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-
scheduled testing, is available for WIS trunks.
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6.3.7 Intentionally Left Blank.
6.3.8 Transit Traffic
The following rates wil apply:
6.3.8.1 The Parties disagree as to whether the provision of transiting services
and transit mechanized records are required to be provided under Section 251 of the
Act. The Parties further disagree as to whether these services are required to be priced
according to a TELRIC methodology. Notwithstanding the foregoing, the Parties have
included transiting services and transit mechanized records terms, conditions and rates
in this Agreement, at a rate that was negotiated solely for purposes of completing the
agreement. The Parties agree that if the Commission, the FCC or a court of competent
jurisdiction issues a legally binding ruling that provides transiting servic~s or transit
mechanized records, or both, either are or are not required to be provided under Section
251 of the Act or the services are not required to be priced according to a TEL RIC
methodology, either Party can provide a notice to the other Party to amend this
Agreement or enter into an alternative service arrangement, or both, for transiting
services and transit mechanized records. If the Parties fail to agree upon such an
amendment or alternative service arrangement within sixty (60) Days after the
notification from the Party requesting the amendment, it wil be resolved in accordance
with the Dispute Resolution provision of this Agreement.
.6.3.8.1.1 Local Transit is any traffc that originates from one
Telecommunications Carrier's network, transits Qwests network, and terminates
to yet another Telecommunications Carrier's network within an EAS Local Area.
The applicable Type 2 Tandem switching and Tandem transmission rates at the
assumed mileage contained in Exhibit A of this Agreement, apply to the
originating Party.
6.3.8.1.2 Toll Transit is any traffc that originates from one
Telecommunications Carrier's network, transits Qwests network, and terminates
to yet another Telecommunications Carrier's network between an EAS Local
area but within the LATA. The applicable Qwest rate contained in Exhibit A of
this Agreement shall apply to the originating Party.
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6.3.8.2 Toll Transit: A per minute of use rate wil be charged to the originating
Party, as set forth in Exhibit A.
6.3.9 Signaling Parameters
6.3.9.1 Owest and VZW are required to provide each other the proper signaling
information (e.g., originating Callng Part Number (CPN), Charge Number (ChN) and
destination call part number, etc.) per 47 C.F.R. § 64.1601 to enable each Party to
issue bils in a complete and timely fashion. All CCS signaling parameters wil be
provided including CPN, callng part category, ChN, and Originating Line Information
Parameter (OLlP) on calls destined for Interexchange Carriers (IXCs) All privacy
indicators wil be honored.
6.3.9.2 Any charges for SS7 signaling shall be associated with Owests tariffs,
which contain guidelines associated with the Percent Other Messages (POM)
declaration for intraMT A traffc.
6.3.10 Intercarrier Compensation Credit Method
6.3.10.1 Owest uses mathematical formulas called factors or PLU (Percent Local
Use) factors to determine biling for Intercarrer Compensation Credit. The factors may
be changed based upon a three consecutive month traffc study generated by either
Party and acceptable to both Parties by amending this Agreement.
PLU Factor
PLU 28
Percentage
12.7%
Description
Determines portion of Owest originated
L-M MOUs used to calculate facility
credit compensation
Determines the amount of M-L MOUs
that wil be biled as switched access.
Determines the amount of L-M MOUs
that Owest may bill VZW as switched
access.
.
M-L InterMTA .24%
L-M InterMT A 2%
6.3.10.2 Type 2 Facilities Credit
6.3.10.2.1 When VZW leases Type 2 facilities from Owest for WIS Entrance,
Facility, DTT and Multiplexing, Owests charges shall be adjusted to account for
the portion of the facility used to transport traffc originated by Owests End User
Customers to VZW, as follows.
6.3.10.2.1.1 A credit wil be calculated by multiplying the sum of the
total monthly two way channel facilty for the WIS Entrance Facility, DTT,
and multiplexer state specific charges by a Percent Local Usage 2B (PLU
2B) factor. This credit wil be applied each month for the term of this
Agreement.
6.3.10.2.1.2. The Parties agree that the Facilties Credit is intended to
apply only to two-way Type 2 Interconnection facilities.
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6.3.11 Intentionally Left Blank
6.3.12 InterMT A Traffc
6.3.12.1 Applicable Owestinterstate Switched Access Tariff rates apply to
InterMTA Traffc routed to Owests Toll/Access Tandem, Local Tandem, or directly to an
End Offce. Relevant usage-sensitive rate elements could include tandem switching,
tandem transmission, and Local switching, as appropriate.
6.3.12.2 For biling purposes, if either Party is unable to classify on an automated
basis traffc delivered by VZW as Mobile to Land (M-L) InterMTA traffc, intrastate or
interstate, VZW wil provide Owest with a Percent M-L InterMT A factor, which represents
the estimated portion of InterMTA traffc delivered on VZW's trunks. The M-L InterMTA
factor wil be applied to the measured mobile to land minutes of use, terminated on
Owests network to determine the portion of InterMT A minutes to be billed at interstate
Access rates. The M-L InterMTA factor wil be twenty four hundredths of one percent
(.24%) unless proven otherwise based upon a traffc study generated by either Party and
acceptable to both Parties. The Parties agree to review the InterMT A factors on a
periodic basis (not to exceed once annually) and, if warranted, revise the InterMTA
factors on a going-forward basis.
6.3.12.3 Owest will use the initial InterMTA factor stated in Section 6.3.9 for the M~
L InterMT A factor.
.6.3.12.4 For billing purposes, Owest wil use a Land to Mobile (L-M) InterMTA
Percent Factor, which represents the estimated portion of total traffic delivered by Owest
to VZW that terminates (based on the first cell site of the Wireless End User Customer)
outside the MTA in which the call originated. The L-M InterMTA factor wil be two percent
(2%) unless proven otherwise based upon a traffc study generated by either Party and
acceptable to both Parties.
6.3.12.5 If the Intercarrier Compensation Credit method is utilized, the L-M
InterMT A factor wil be multiplied by the calculated Owest originated Land to Mobile
Minutes of Use (MOU). Owest may reduce Intercarrier Compensation Credit L-M MOU
and bil VZW for the resulting MOU at interstate switched Access Tariff rates.
6.4 Ordering
6.4.1 When ordering Type 2 Service, the ordering Party shall specify requirements on
the Access Service Request (ASR): 1) the type and number of Interconnection facilities to
terminate at the Point of Interconnection in the Serving Wire Center; 2) the type of interoffce
transport, (Le. direct trunked transport or tandem switched transport); and 3) the number of
ports to be provisioned at End offce Switch or Local Tandem Switch; 4) any optional features.
When the ordering Party requests facilities, routing or optional features different than those
determined to be available, the Parties wil work cooperatively in determining an acceptable
configuration based on available facilities, equipment and routing plans.
6.4.2 For each NXX code assigned to VZW by the NANPA, VZW wil provide Owest
with the CLLI codes of the Owest Tandem Switches and VZW's Point of Intenace to which
traffc associated with the NXX wil be routed. For NXX codes assigned to existing Type 2 trunk
groups, VZW wil also provide Owest with the Owest assigned two-six Code (TGSN) to which.October 14, 2010/kjclNerizon/lD/CDS- 100901-0006
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Section 6
Interconnection .
each NXX wil be routed. Information that is not currently available in the LERG may be
provided via the NPA NXX Code Request Routing Form available on the Owest web site:
http://ww.gwest.com/wholesale/notices/npanxxProcess.html.
Either Party shall respond to a special request for an NPA-NXX Code Request Routing Form
when a single Switch is served by multiple trunk groups.
6.4.3 When either Party has ordered a DS3 WIS Entrance Facility or private line facilty, that
Party wil order the appropriate DS1 facility required and identify the channels of the DS3 to be
used to provide circuit facilty assignments (CFA). Also, if VZW has provided or ordered a DS1
WIS Entrance Facility or private line facilty, VZW wil be responsible for identification of the DSO
channels of the DS1 private line to be used to provide CFA.
6.4.4 A joint planning meeting wil precede initial trunking orders. These meetings wil result in
agreement and commitment that both Parties can implement the proposed plan and the
transmittal of Access Service Requests (ASRs) to initiate order activity. The Parties wil provide
their best estimate of the traffc distribution to each End Offce Switch subtending the Tandem
Switch.
6.4.5 If VZW uses a method of interconnection of one POi in the LATA or the access
tandem for the exchange of traffc in accordance with Section 6.1.2 and/or 6.2.2.9.6, Owest and
VZW wil work together to review VZW's network configuration in order to ensure correct and
complete ASR ordering.
6.4.6 Service intervals and Due Dates for initial establishment of trunking arrangements at
each new Switch location of Interconnection between the Parties wil be determined on an
Individual Case Basis.
.
6.4.7 Owest wil establish intervals for the provision of WIS trunks that conform to the
performance objectives set forth in the Standard Interval Guide (SIG), available on Owests web
site: http://ww.gwest.com/wholesale/pcaVwireless.html. Owest wil provide notice to VZW of
any changes related to ordering Type 2 service according to the established processes.
6.4.8 The ordering Party may cancel an order at any time prior to notification that service
is available If the ordering Party is unable to accept Type 2 Service within thirty (30) Days after
the original service date, VZW has the following options:
a) The order for Type 2 Service wil be cancelled, and cancellation charges
specified in 6.3.5.1 apply unless otherwise mutually agreed by the Parties;
b)Intentionally Left Blank.
c)Biling for the service wil commence.
In such instances, the cancellation date or the date Billng is to commence, depending on which
option is selected, wil be the 31st Day after the Service Date
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.Section 6
Interconnection
6.5 Wireless Switched Access Traffic
6.5.1 VZW must select one of the following methods for the delivery of VZWSwitched
Access Service: 1) Jointly Provided Switched Access (JPSA), or 2) Owest-provided Wireless
Switched Access Traffc. Both methods require the provisioning of Type 2 trunks.
6.5.1.1 JPSA describes traffc involving interexchange carriers and the allocation
of billng between multiple carriers based on industry standard processes. JPSA is
defined and governed by the FCC, NO.1, Section 2.4.7, and State Access Tariffs,
Multiple Exchange Carrier Access Biling (MECAB) and Multiple Exchange Carrier
Ordering and Design (MECOD) Guidelines, and is not modified by any provisions of this
Agreement. Owest and VZW agree that all parties in the route, including the originating
intermediate, and terminating VZWs or LECs for Switched Access, wil cooperatively
determine the Jointly Provided Switched Access arrangements in which all Parties
concur. Each Party wil bill the IXC the appropriate portion of its Switched Access rates.
Owest wil also provide the one-time notification to VZW of the billng name, biling
address and the Carrier Identification Codes (CIC) of the IXCs subtending any Access
Tandems to which VZW directly connects.
.
6.5.1.1.2 Owest wil agree to function as the Access Service Coordinator
(ASC) as defined in the Multiple Exchange Carrier Ordering and DesignGuidelines (MECOD) (Technical Reference SR-TAP-000984). Owes! wil
provide the operational, technical and administrative support required in the
planning, provisioning and maintenance involved in the joint access provisioning
process to the IXCs. Owest wil be unable to fulfill the role ,of ASC if VZW does
not fully comply with MECOD requirements, and fie VZW End Offces and biled
percentages (BPs) in the NECA 4 Tariff.
6.5.1.1.3 Biling to the IXC wil follow MECAB's multiple bil single tariff
option whereby Owest and VZW render separate bils to the IXC.
6.5.1.1.4 A charge wil apply for Category 11-01-XX records sent in anEMI
mechanized format. These records are used to provide information necessary
for each Party to bil the Interexchange Carrier for Jointly Provided Switched
Access Services and 8XX database queries. The charge for each record created
and transmitted is listed in Exhibit A of this Agreement.
6.5.1.1.5. The applicable Switched Access rates wil be biled by the Parties
to the IXC based on MECAB guidelines and each Party's respective FCC, state
Access Tariffs or contractual agreements.
.
6.5.1.2. Owest-provided Wireless Switched Access Traffc connects Wireless End
User calls and an interexchange carrier, whereby Owest completes the connection
between VZW's POI and the long distance provider, using VZW Type 2 Interconnection
trunking arrangements described in this Agreement, in accordance with the regulations
set forth in FCC and State Access Tariffs. Owests biling to the IXC is described in FCC
NO.1 Tariff, Section 2.4.8. Owest and VZW agree that under this option, Owest wil
determine the routes in all Switched Access arrangements. VZWs are required to follow
MECOD requirements. VZWs are not required to fie BPs in the NECA 4 Tariff.
6.5.1.2.1 Category 11-01-XX records are not exchanged under this option,
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Section 6
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and in all instances, Qwest performs the axx database queries.
6.6 Single Point of Presence (SPOP)
6.6.1 By utilizing SPOP in the LATA, VZW can deliver InterMTA, Switched Access Traffc, and
IntraMTA traffic at Qwests Access Tandems. VZW can also utiize Qwests tandem
infrastructure to terminate traffc to specific end offces. The SPOP is defined as the VZW's
physical point of presence. This allows for a trunk group from VZW's POI in one Local Callng
Area (LCA) to be ordered to any Qwest local tandem or end offce in another LCA which is
otherwise not available, absent this arrangement.
6.6.2 SPOP in the LATA includes an Entrance Facility (EF), Expanded Interconnect Channel
Termination (EICT), or Mid Span Meet POi and Direct Trunked Transport (DTT) options
available at both a DS1 and DS3 capacity.
6.6.3 Where VZW intends to send calls through a Qwest tandem to a subtending end offce,
the following conditions apply:
6.6.3.1 VZW may interconnect at either the Qwest Local Tandem Switch or the
Qwest Access Tandem Switch for the delivery of IntraMTA Traffc. When VZW is
interconnected at the Access Tandem and where there would be a DS1's worth of
IntraMTA traffc (512 BHCCS) between VZW's MSC and those Qwest End Offces
subtending a Qwest Local Tandem, VZW wil order a trunk group to the Qwest Local
Tandem. As an alternative, VZW shall terminate traffc on Qwest End Offce Switches.
When Qwest lacks available capacity at the Access Tandem, Qwest wil arrange Local
Tandem or End Offce interconnection at the same cost to VZW as interconnection via
the Qwest Access Tandem.
6.6.3.2 Qwest wil allow Interconnection for the exchange of IntraMTA Traffc at
Qwests Access Tandem without requiring Interconnection at the Local Tandem, at least
in those circumstances when traffc volumes do not justify direct connection to the Local
Tandem; regardless of whether capacity at the access tandem is exhausted or
forecasted to exhaust, unless Qwest agrees to provide Interconnection facilities to the
Local Tandems or End Offces served by the Access Tandem, at the same cost to VZW
as Interconnection at the Access Tandem.
6.6.4 Ordering
.
6.6.4.1 Prior to ordering, Qwest and VZW wil work together to review VZW's network
configuration in order to ensure correct and complete ASR ordering.
6.6.4.2 SPOP in a LATA wil be ordered based upon the standard ordering process
for the type of facilty chosen.
6.6.4.3 VZW wil issue ASRs to convert existing access tandem trunk groups to
SPOP trunk groups.
6.6.4.4 In addition, the ASR used to order SPOP trunks wil include SPOP Remarks
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.Section 6
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"Single POP in LATA "and the SPEC Field must be completed with the appropriate
code.
.
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Section 7
Collocation .
SECTION 7.0. COLLOCATION
7.1 Collocation allows for the placing of Telecommunications equipment owned by VZW
within Owests premises that is necessary for Interconnection with Owest under a Type 2
arrangement. There are five (5) types of Collocation available: Virtual, Caged Physical, Shared
Caged Physical, Cageless Physical, Interconnection Distribution Frame (ICDF) (for Ancilary
services only).
7.2 Should the Parties desire to establish a Type 2 Wireless Collocation relationship, the
Parties wil enter into an Amendment to this Agreement and additional insurance requirements
may apply.
.
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.Section 8
Intentionally Left Blank
SECTION 8.0 - Intentionally Left Blank
.
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Section 9
Ancilary Services .
SECTION 9.0 - ANCILLARY SERVICES
9.1 Local Number Portabilty
9.1.1 Query Services
9.1.2.1 Qwest shall perform default LNP queries where VZW is unable to perform
its own query. VZW shall perform default LNP queries where Qwest is unable to
perform its own query. Qwest query services and charges are defined in Qwests FCC
Tariff #1, SeCtion 13.19.1, including End Offce and Tandem Default Query Charges
which are contained in Tariff Section 13 (Miscellaneous Service.)
9.1.2.2 A Party shall be charged for a LNP query by the other Party only if the
Party to be charged is the N-1 carrier and it was obligated to perform the LNP query but
failed to do so. Parties are not obligated to perform the LNP query prior to the first Port
requested in a NXX.
9.2 911/E911 Service
9.2.1 Compliance with FCC Docket 94-102 necessitates the integration of Wireless
calls to the E911 network, which is separate from the Type 2 Interconnection. This E911
connectivity must be between the Wireless Carrier's switch and the appropriate 911 selective
router and must include provisions for the delivery of the Wireless End User Customer's call
back telephone number and the location of the originating cell tower for Phase I and the X, Y
coordinate, within 157 meters, of the callng party in lieu of the originating cell tower location, for
Phase II. It is the Wireless Carriers responsibility to arrange for compliance with this section of
FCC 94-102. The Parties wil cooperate in the joint provision of Wireless E911 service, to
include the provisioning of the network and Automatic Location Identification (ALI)) Database,
under a separate agreement, which is compliant with the requirements of FCC docket 94-102,
when a qualifying Public Safety Answering Point (PSAP) requests such service.
.
9.3 Intentionally Left Blank
9.4 Access to Poles, Ducts, Conduits, and Rights of Way - see Exhibit D
9.5 Construction Charges
9.5.1 Qwest wil conduct an individual financial assessment of any request that
requires construction of network capacity, facilities, or space. When Qwest constructs to fulfill
VZW's request, Qwest wil bid this construction on a case-by-case basis. Qwest wil charge for
the construction through nonrecurring charges and a term agreement for the remaining
recurring charge, as described in the Construction Charges Section. When VZW orders the
same or substantially similar service available to Owest End User Customers, nothing in this
Section shall be interpreted to authorize Qwest to charge VZW for special construction where
such charges are not provided for in a Tariff or where such charges would not be applied to a
Qwest End User Customer.
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.Section 10
Network Security
SECTION 10.0 - NETWORK SECURITY
10.1 Protection of Service and Property. Each Party shall exercise the same degree of care
to prevent harm or damage to the other Party and any third parties, its employees, agents or
End User Customers, or their property as it employs to protect its own personnel, End User
Customers and property, etc.
10.2 Each Party is responsible to provide security and privacy of communications. This
entails protecting the confidential nature of Telecommunications transmissions between End
User Customers during technician work operations and at all times. Specifically, no employee,
agent or representative shall monitor any circuits except as required to repair or provide service
of any End User Customer at any time. Nor shall an employee, agent or representative disclose
the nature of overheard conversations, or who participated in such communications or even that
such communication has taken place. Violation of such security may entail state and federal
criminal penalties, as well as civil penalties. Each Party is responsible for covering its
employees on such security requirements and penalties.
10.3 The Parties' Telecommunications networks are part of the national security network, and
as such, are protected by federal law. Deliberate sabotage or disablement of any portion of the
underlying equipment used to provide the network is a violation of federal statutes with severe
penalties, especially in times of national emergency or state of war. The Parties are responsible
for covering their employees on such security requirements and penalties..10.4 Each Party is responsible for the physical security of its employees, agents or
representatives. Providing safety glasses, gloves, etc. must be done by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibilty of the employing Party. Proper use of tools, ladders,
and test gear is the training responsibility of the employing Party. '
10.5 In the event that one Party's employees, agents or representatives inadvertently damage
or impair the equipment of the other Party, prompt notification wil be given to the damaged
Party by verbal notiication between the Parties' technicians at the site or by telephone to each
Party's 24 x 7 security numbers.
10.6 Qwest and VZW employees, agents and vendors wil display the identification/access
card above the waist and visible at all times.
10.7 Qwest and VZW shall ensure adherence by their employees, agents and vendors to all
applicable Qwest environmental health and safety regulations. This includes all fire/life safety
matters, OSHA, EPA, Federal, State and local regulations, including evacuation plans and
indoor air quality.
.
10.8 Revenue Protection. Qwest shall make available to VZW all present and future fraud
prevention or revenue protection features. These features include, but are not limited to,
screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone
originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-
976, 700 and 500 numbers.
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Section 10
Network Security .
10.8.1 Uncollectable or unbilable revenues resulting from, but not confined to,
Provisioning, maintenance, or signal network routing errors shall be the responsibilty of
the Party causing such error or malicious acts, if such malicious acts could have
reasonably been avoided.
10.8.2 To the extent that incremental costs are directly attributable to a revenue
protection capability requested by VZW, those costs will be borne by VZW.
10.8.3 To the extent that either Party is liable to. any toll provider for fraud and to
the extent that either Party could have reasonably prevented such fraud, the Party who
could have reasonably prevented such fraud must indemnify the other for any fraud due
to compromise of its network (e.g., clip-on, missing information digits, missing toll
restriction, etc.).
10.8.4 If Qwest becomes aware of potential fraud with respect to VZW's
accounts, Qwest wil promptly inform VZW and, and the direction of VZW, take
reasonable action to mitigate the fraud where such action is possible.
10.9 Law Enforcement Interface. Qwest provides emergency assistance to 911 centers and
law enforcement agencies seven (7) Days a week/twenty-four (24) hours a Day. Assistance
includes, but is not limited to, release of 911 trace and subscriber information; in-progress trace
requests; establishing emergency trace equipment, release of information from an emergency
trap/trace or *57 trace; requests for emergency subscnber information; assistance to law
enforcement agencies in hostage/barricade situations, kidnappings, bomb threats,
extortion/scams, runaways and life threats..10.10 Qwest provides trap/trace, pen register and Title I" assistance directly to law
enforcement, if such assistance is directed by a court order. This service is provided during
normal business hours, Monday through Friday. Exceptions are addressed in the above
paragraph. The charges for these services wil be biled directly to the law enforcement agency,
without involvement of VZW, for any lines served from Qwest Wire Centers or cross boxes.
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.Section 11
Intentionally left Blank
SECTION 11.0 - Intentionally Left Blank
.
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Section 12ass .
SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (055)
12.1 Description
12.1.1 Owest has developed and shall continue to provide Operational Support
System (OSS) interfaces using electronic gateways and manual processes. These
gateways act as a mediation or control point between VZW's and Owests OSS. These
gateways provide security for the interfaces, protecting the integrity of the Owest OSS
and databases. Owests OSS interfaces have been developed to support Pre-ordering,
Ordering and Provisioning, Maintenance and Repair and Biling. This section describes
the interfaces and manual processes that Owest has developed and shall provide to
VZW. Additional technical information and details shall be provided by Owest in training
sessions and documentation and support, such as the "Interconnect Mediated Access
User's Guide." Owest wil continue to make improvements to the electronic interfaces as
technology evolves, Owests legacy systems improve, or VZW needs require. Owest
shall provide notification to VZW consistent with existing practices.
12.1.2 Through its electronic gateways and manual processes, Owest shall
provide VZW non-discriminatory access to Owests OSS for Pre-ordering, Ordering and
Provisioning, Maintenance and Repair, and Biling functions. For those functions with a
retail analogue, Owest shall provide VZW access to its OSS in substantially the same
time and manner as it provides to itself. For those functions with no retail analogue,
Owest shall provide VZW access to Owests OSS suffcient to allow an effcient
competitor a meaningful opportunity to compete. Owest shall deploy the necessary
systems and personnel to provide suffcient access to each of the necessary OSS
functions. Owest shall provide assistance for VZW to understand how to implement and
use all of the available OSS functions. Owest shall provide VZW suffcient electronic
and manual interfaces to allow VZW equivalent access to all of the necessary OSS
functions. Through its web site, training, disclosure documentation and development
assistance, Owest shall disclose to VZW any internal business rules and other
formatting information necessary to ensure that VZW's requests and orders are
processed effciently. Owest shall provide training to enable VZW to devise its own
course work for its own employees. Through its documentation available to VZW, Owest
wil identify how its interface differs from national guidelines or standards. Owest shall
provide OSS designed to accommodate both 'current demand and reasonably
foreseeable demand.
.
12.2 OSS Support for Pre-Ordering, Ordering and Provisioning
12.2.0 Owest wil establish interface contingency plans and disaster recovery
plans for the interfaces described in this Section. Owest wil work cooperatively with
VZWs through Service Management to consider any suggestions made by VZWs to
improve or modify such plans. VZW specific requests for modifications to such plans wil
be negotiated and mutually agreed upon between Owest and VZW.
12.2.0.1 Ordering and Provisioning
12.2.0.1.1 Ordering and Provisioning - Owest wil provide access to
ordering and status functions. VZW wil populate the service request to
identify what features, services, or elements it wishes Owest to provision
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.Section 12
OSS
in accordance with Owests published business rules.
12.2.0.1.2 Owest shall provide all Provisioning services to VZW
during the same business hours that Owest provisions services for its
End User Customers. Owest wil provide out-of-hours Provisioning
services to VZW on a non-discriminatory basis as it provides such
Provisioning services to itself, its End User Customers, its Affliates or any
other Party. Owest shall disclose the business rules regarding out-of-
hours Provisioning on its wholesale web site.
12.2.0.1.3 When VZW places a manual order, Owest wil provide
VZW with a manual Firm Order Confirmation notice. The confirmation
notice wil follow industry-standard formats.
12.2.0.1.4 Business rules regarding rejection of LSRs or ASRs are
subject to the provisions of Access Service Ordering Guide (ASOG) and
Local Service Ordering Guide (LSOG).
12.2.1 Ordering Process
12.2.1.1 Local Service Request (LSR)
.12.2.1.1.1 Owest shall provide electronic interface gateways for submission
of LSRs, including both an application to application interface and a Graphical
User Interface (GUI).
12.2.1.1.2 The interface guidelines for the application to application interface
are based upon the Order & Billng Forum (OBF) Local Service Order Guidelines
(LSOG), and the appropriate electronic transmission standards. Exceptions to
the above guidelines/standards shall be specified in the Interconnect Mediated
Access (IMA) disclosure documents.
12.2.1.1.3 The GUI shall provide a single interface for Pre-Order and Order
transactions from VZW to Owest and is browser based. The GUI interface shall
be based on the LSOG and utilizes a WEB standard technology, Hyper Text
Markup Language (HTML), JAVA and the Transmission Control Protocolllnternet
Protocol (TCPIIP) to transmit messages.
12.2.1.1.4 Functions Pre-Ordering - Owest wil provide real time, electronic
access to pre-order functions to support VZW's ordering via the electronic
interfaces described herein.
.
12.2.1.1.5 When VZW places an electronic order, Owest wil provide VZW
with an electronic Firm Order Confirmation notice (FOC). The FOC wil follow
industry-standard formats and contain the Owest Due Date for order completion.
Upon completion of the order, Owest wil provide VZW with an electronic
completion notice which follows industry-standard formats and which states when
the order was completed. Owest supplies two (2) separate completion notices:
1) service order completion (SOC) which notifies VZW that the service order
record has been completed, and 2) Billng completion that notifies VZW that the
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Section 12ass .
service order has posted to the Biling system.
12.2.1.1.6 When VZW places an electronic order, Owest shall provide
notification electronically of any instances when (1) Owests Committed Due
Dates are in jeopardy of not being met by Owest on any service or (2) an order is
rejected.
12.2.1.1.7 When VZW places a manual order, Owest shall provide
notification of any instances when (1) Owests Committed Due Dates are in
jeopardy of not being met by Owest on any service or (2) an order is rejected.
12.2.1.1.8 Dial-Up Capabilities
12.2.1.1.8.1 When VZW requests from Owest more than fifty (50)
SecurlDs for use by VZW Customer service representatives at a single
VZW location, VZW shall use a T1 line instead of dial-up access at that
location. If VZW is obtaining the line from Owest, then VZW shall be able
to use SecurlDs until such time as Owest provisions the T1 line and the
line permits pre-order and order information to be exchanged between
Owest and VZW.
12.2.1.2 Access Service Request (ASR)
12.2.1.2.1 Owest shall provide a computer-to-computer batch fie interface,
an application to application interface and a GUI interface, for submission of
ASRs based upon the OBF Access Service Order Guidelines (ASOG). Owest
shall supply exceptions to these guidelines in writing in suffcient time for VZW to
adjust system requirements.
.
12.2.1.2.2 Functions Pre-Ordering. Owest wil provide real time, electronic
access to pre-order functions to support VZW's ordering via the electronic
interfaces described herein. Owest wil make the following real time pre-order
functions available to VZW:
12.2.1.2.2.1 Service Address validation;
12.2.1.2.2.2 CFA validation;
12.2.1.2.2.3 NC-NCI validation;
12.2.1.2.2.4 BAN validation; and
12.2.1.2.2.5 CLLI validation.
12.2.1.2.3 When VZW places an electronic or manual order, Owest shall
provide notification of any instances when (1) Owests Committed Due Dates are
in jeopardy of not being met by Owest on any service or (2) an order is rejected.
12.2.1.2.4 When VZW places an electronic order, Owest wil provide VZW
with an electronic Firm Order Confirmation notice (FOC). The FOC wil follow
industry-standard formats and contain the Owest Due Date for order completion.
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12.2.2 Maintenance and Repair
12.2.2.1 Qwest shall provide electronic interface gateways, including an Electronic
Bonding interface and a GUI interface, for reviewing trouble history of a specific circuit,
conducting testing where applicable, and reporting trouble to facilitate the exchange of
updated information and progress reports between Qwest and VZW while the Trouble
Report (TR) is open and a Qwest technician is working on the resolution. VZW may also
report trouble through manual processes. For designed services, the TR wil not be
closed prior to verification by VZW that trouble is cleared.
12.2.3 Intenace Availabilty
12.2.3.1 Qwest shall make its ass interfaces available to VZW.
12.2.3.2 Qwest shall notify VZW in a timely manner regarding system downtime
through mass email distribution and pop-up windows as applicable.
12.2.4 Biling
12.2.4.1 For products biled out of the Qwest Interexchange Access Biling System
(lABS), Qwest wil utilize the existing CABS/BaS format and technology for the
transmission of bils.
.12.2.4.2 For products biled out of the Qwest Customer Record Information
System (CRIS), Qwest wil utilze the existing EDI standard for the transmission of
monthly local Biling information. EDI is an established standard under the auspices of
the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted
by the Telecommunications Industry Forum (TCIF) as the "811 Guidelines" specifically
for the purposes of Telecommunications Billng. Any deviance from these standards and
guidelines shall be documented and accessible to VZW.
12.2.5 Outputs
Output information will be provided to VZW in the form of bils. Bils wil capture all regular
monthly and incremental/usage charges and present them in a summarized format.
12.2.5.1 The lABS Bil represents a monthly summary of charges. This bil
includes monthly and one-time charges plus a summary of any usage charges. These
bils are segmented by product, LATA, Biling account number (BAN) and bil cycle.
12.2.6 Intentionally Left Blank.
12.2.7 VZW Responsibilties for Implementation of OSS Intenaces
12.2.7.1 Before VZW implementation can begin, VZW must completely and
accurately answer the New Customer Questionnaire as required in Section 3.2.
12.2.7.2 Once Qwest receives a complete and accurate New Customer
Questionnaire, Qwest and VZW wil mutually agree upon time frames for implementation
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12.2.8 Qwest Responsibilties for On-going Support for OSS Interfaces
Owest wil support previous application-to-application releases for six (6) months after the next
subsequent release has been deployed.
12.2.8.1
release.
Owest wil provide written notice to VZW of the need to migrate to a new
12.2.8.2 Owest wil provide an Implementation Coordinator to work with VZW for
business scenario re-certification, migration and data conversion strategy definition.
12.2.8.3 Re-certification is the process by which VZW demonstrates the abilty'to
generate correct functional transactions for enhancements not previously certified.
Owest wil provide the suite of tests for re-certification to VZW with the issuance of the
disclosure document.
12.2.8.4 Owest shall provide training mechanisms for VZW to pursue in educating
its internal personneL. Owest shall provide training necessary for VZW to use Owests
OSS interfaces and to understand Owests documentation, including Owests business
rules.
12.2.9 VZW Responsibilties for On-going Support for OSS Interfaces
12.2.9.1 If using the GUI interface, VZW wil take reasonable efforts to train VZW
personnel on the GUI functions that VZW wil be using.
12.2.9.2 An application-to-application exchange protocol wil be used to transport
electronically-formatted content. VZW must perform certification testing of exchange
protocol prior to using the application-to-application interface.
.
12.2.9.3 Owest wil provide VZW with access to a stable testing environment that
mirrors production to certify that its OSS wil be capable of interacting smoothly and
effciently with Owests OSS. Owest has established the following test processes to
assure the implementation of a solid interface between Owest and VZW:
12.2.9.3.1 Connectivity Testing - VZW and Owest wil conduct connectivity
testing. This test wil establish the ability of the trading partners to send and
receive electronic messages effectively. This test verifies the communications
between the trading partners. Connectivity is established during each phase of
the implementation cycle. This test is also conducted prior to controlled
production and before going live in the production environment if VZW or Owest
has implemented environment changes when moving into production.
12.2.9.3.2 Stand-Alone Testing Environment (SATE) -regression testing:
Owests stand-alone testing environment wil take pre-order and order requests,
pass them to the stand-alone database, and return responses to VZW during its
development and implementation of the application-to-application interface
regression testing SATE provides VZW the opportunity to validate its technical
development efforts built via Owest documentation without the need to schedule
test times. This testing verifies VZW's ability to send correctly formatted
electronic transactions through the IMA system edits successfully for both new
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and existing releases. SATE uses test account data supplied by Owest. Owest
wil make additions to the test beds and test accounts as it introduces new ass
electronic interface capabilities, including support of new products and services,
new interface features, and functionalities. All SATE pre-order queries and
orders are subjected to the same edits as production pre-order and order
transactions. This testing phase is optionaL.
12.2.9.3.3 SATE-progression testing: VZW has the option of participating
with Owest in progression testing to provide VZW with the opportunity to validate
technical development efforts and to quantify processing results. Progression
testing provides VZW the opportunity to validate its technical development efforts
built via Owest documentation without the need to schedule test times. This
testing verifies VZW's abilty to send correctly formatted electronic transactions
through the IMA system edits successfully for both new and existing releases.
SATE uses test account data supplied by Owest. Owest wil make additions to
the test beds and test accounts as it introduces new ass electronic interface
capabilities, including support of new products and services, new interface
features, and functionalities. All SATE pre-order queries and orders are
subjected to the same edits as production pre-order and order transactions. This
testing phase is required.
.
12.2.9.3.4 Controlled Production - Owest and VZW will perform controlled
production. The controlled production process is designed to validate the abilty
of VZW to transmit electronic data that completely meets the appropriate
electronic transmission standards and complies with all Owest business rules.
Controlled production consists of the controlled submission of actual VZW
production requests to the Owest production environment. Owest treats these
pre-order queries and orders as production pre-order and order transactions.
Owest and VZW use controlled production results to determine operational
readiness. Controlled production requires the use of valid account and order
data. All certification orders are considered to be live orders and wil be
provisioned.
12.2.9.3.5 If VZW is using the application-to~application interface, Owest
shall provide VZW with a pre-allotted amount of time to complete certification of
its business scenarios. Owest wil allow VZW a reasonably suffcient amount of
time during the day and a reasonably sufficient number of days during the week
to complete certification of its business scenarios consistent with VZW's business
plan. It is the sole responsibility of VZW to schedule an appointment with Owest
for certification of its business scenarios. VZW must make every effort to comply
with the agreed upon dates and times scheduled for the certification of its
business scenarios. If the certification of business scenarios is delayed due to
VZW, it is the sole responsibilty of VZW to schedule new appointments for
certification of its business scenarios. Owest wil make reasonable efforts to
accommodate VZW' schedule. Conflcts in the schedule could result in
certification being delayed. If a delay is due to Owest, Owest wil honor VZW's
schedule through the use of alternative hours.
.
12.2.9.4 If VZW is using the application-to-application interface, VZW must work
with Owest to certify the business scenarios that VZW wil be using in order to ensure
successful transaction processing. Owest and VZW shall mutually agree to the business
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scenarios for which VZW requires certification. Certification wil be granted for the
specified release of the interface. If VZW is certifying multiple products or services,
VZW has the option of certifying those products or services serially or in parallel where
Technically Feasible.
12.2.9.4.1 For a new softare release or upgrade, Owest wil provide VZW a
stable testing environment that mirrors the production environment in order for
VZW to test the new release. For software releases and upgrades, Owest has
implemented the testing processes set forth in Sections 12.2.9.3.2, 12.2.9.3.3
and 12.2.9.3.4.
12.2.9.5 New releases of the application-to-application interface may require re-
certification of some or all business scenarios. A determination as to the ~eed for re-
certification wil be made by the Owest coordinator in conjunction with the release
manager of each IMA release. Notice of the need for re-certification wil be provided to
VZW as the new release is implemented. The suite of re-certification test scenarios wil
be provided to VZW with the disclosure document. If VZW is certifying multiple products
or services, VZW has the option of certifying those products or services serially or in
parallel, where Technically Feasible.
12.2.9.6 VZW wil contact the Owest Implementation Coordinator to initiate the
migration process. VZW may not need to certify to every new IMA application-to-
application release, however, VZW must complete the re-certification and migration to
the new release within' six (6) months of the deployment of the new release. VZW wil
use reasonable efforts to provide suffcient support and personnel to ensure that issues
that arise in migrating to the new release are handled in a timely manner..
12.2.9.6.1 The following rules apply to initial development and certification of
IMA application-to-application interface versions and migration to subsequent
application-to-application interface versions:
12.2.9.6.1.1 SATE regression or SATE progression interoperabilty
testing must begin on the prior release before the next release is
implemented. Otherwise, VZW wil be required to move its
implementation plan to the next release.
12.2.9.6.1.2 New IMA application-to-application users must be certified
and in production with at least one (1) product and one (1) order activity
type on a prior release two (2) months after the implementation of the
next release. Otherwise, VZW wil be required to move its
implementation plan to the next release.
12.2.9.6.1.3 Any IMA application-to-application user that has been
placed into production on the prior release not later than two (2) months
after the next release implementation may continue certifying additional
products and activities until two (2) months prior to the retirement of the
release. To be placed into production, the products/order activities must
have been tested in the SATE before two (2) months after the
implementation of the next release.
12.2.9.7 VZW wil be expected to execute the re-certification test cases in the
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stand alone test environment. VZW wil provide Purchase Order Numbers (PONs) of the
successful test cases to Qwest.
12.2.10 VZW Support
12.2.10.1 Owest shall provide documentation and assistance for VZW to
understand how to implement and use all of the available OSS functions. Owest shall
provide to VZW in writing any internal business rules and other formatting information
necessary to ensure that VZW's requests and orders are processed effciently. This
assistance wil include, but is not limited to, contacts to the VZW account team, training,
documentation, and Wholesale Help Desk. Owest wil also supply VZW with an
escalation level contact list in the event issues are not resolved via contacts to the VZW
account team, training, documentation and Wholesale Systems Help Desk.
12.2.10.2 Wholesale Systems Help Desk
12.2.10.2.1 The Wholesale Systems Help Desk wil provide a single point of
entry for VZW to gain assistance in areas involving connectivity, system
availabilty, and fie outputs. The Wholesale Systems Help Desk areas are
further described below.
.
12.2.10.2.1.1 Connectivity covers trouble with VZW's access to the
Owest system for hardware configuration requirements with relevance to
application-to-application and GUI interfaces; software configuration
requirements with relevance to application-to-application and GUI
interfaces; modem configuration requirements, T1 configuration and dial-
in string requirements, firewall access configuration, web-services
configuration, SecurlD configuration, Profie Setup, and password
verification.
12.2.10.2.1.2 System Availabilty covers system errors generated during
an attempt by VZW to place orders or open trouble reports through
application-to-application and GUI interfaces. These system errors are
limited to: Design Services and Repair.
12.2.10.2.1.3 File Outputs covers VZW's output fies and reports
produced from its usage and order activity. File outputs system errors are
limited to: lABS BilL.
12.2.10.3 Additional assistance to VZW is available through various public web
sites. These web sites provide electronic interface training information and user
documentation and technical specifications and are located on Owests wholesale web
site. Owest wil provide Interconnect Service Center Help Desks which wil provide a
single point of contact for VZW to gain assistance in areas involving order submission
and manual processes.
.
12.2.11 Compensation/Cost Recovery
Recurring and nonrecurring OSS charges, as applicable, wil be biled at rates set forth in
Exhibit A. Any such rates wil be consistent with Existing Rules. Owest shall not impose any
recurring or nonrecurring OSS charges unless and until the Commission approves such rates or
unti such rates go into effect by operation of law.
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12.3 Maintenance and Repair
12.3.1 Service Levels
12.3.1.1 Qwest wil provide repair and maintenance for all services covered by this
Agreement in substantially the same time and manner as that which Qwest provides for
itself, its End User Customers, its Affliates, or any other party. Qwest shall provide VZW
repair status information in substantially the same time and manner as Qwest provides
for its retail services.
12.3.1.2 During the term of this Agreement, Qwest will provide necessary
maintenance business process support to allow VZW to provide similar service quality to
that provided by Qwest to itself, its End User Customers, its Affliates, or any other part.
12.3.1.3 Qwest wil perform repair service that is substantially the same in
timeliness and quality to that which it provides to itself, its End User Customers, its
Affliates, or any other party. Trouble calls from VZW shall receive response time priority
that is substantially the same as that provided to Qwest, its End User Customers, its
Affliates, or any other party and shall be handled in a nondiscriminatory manner.
12.3.2 Intentionally Left Blank.
12.3.3 Service Interruptions
12.3.3.1 The characteristics and methods of operation of any circuits, facilities or
equipment of either Part connected with the services, facilties or equipment of the
other Party pursuant to this Agreement shall not: 1) interfere with or impair service over
any facilities of the other Party, its affliated companies, or its connecting and concurring
Carriers involved in its services; 2) cause damage to the plant of the other Party, its
affliated companies, or its connecting concurring Carriers involved in its services; 3)
violate any Applicable Law or regulation regarding the invasion of privacy of any
communications carried over the Party's facilities; or 4) create hazards to the employees
of either Party or to the public. Each of these requirements is hereinafter referred to as
an "Impairment of Service".
.
12.3.3.2 If it is confirmed that either Party is causing an Impairment of Service,as
set forth in this Section, the Party whose network or service is being impaired (the
"Impaired Party") shall promptly notify the Party causing the Impairment of Service (the
"Impairing Party") of the nature and location of the problem. The Impairing Party and the
Impaired Party agree to work together to attempt to promptly resolve the Impairment of
Service.
12.3.3.3 To faciltate 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
repair center for such service.
12.3.3.4 Each Party shall furnish a trouble reporting telephone number for the
designated repair center. This number shall give access to the location where records
are normally located and where current status reports on any trouble reports are readily
available. If necessary, alternative out-of-hours procedures shall be established to
ensure access to a location that is staffed and has the authority to initiate corrective
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action.
12.3.3.5 Before either Party reports a trouble condition, it shall use its best efforts
to isolate the trouble to the other's facilties.
12.3.3.5.1 In cases where a trouble condition affects a significant portion of
the other's service, the Parties shall assign the same priority provided to VZW as
itself, its End User Customers, its Affilates, or any other party.
12.3.3.5.2 The Parties shall cooperate in isolating trouble conditions.
12.3.4 Trouble Isolation
12.3.4.1 VZW is responsible for its own End User Customer base and wil have the
responsibility for resolution of any service trouble report(s) from its End User Customers.
VZW will perform trouble isolation on services it provides to its End User Customers to
the extent the capability to perform such trouble isolation is available to VZW, prior to
reporting trouble to Qwest. VZW shall have access for testing purposes at the
Demarcation Point, or Point of Interface. Qwest wil work cooperatively with VZW to
resolve trouble reports when the trouble condition has been isolated and found to be
within a portion of Qwests network. Qwest and VZW wil report trouble isolation test
results to the other. Each Party shall be responsible for the costs of performing trouble
isolation on its facilities, subject to Section 12.3.4.2..12.3.4.2 When VZW elects not to perform trouble isolation and Qwest performs
tests at VZW request, a Maintenance of Service Charge or a Trouble Isolation Charge
shall apply if the trouble is not in Qwests faciliies, including Qwests facilities leased by
VZW. Maintenance of Service charges are set forth in Exhibit A. When trouble is found
on Qwests side of the Demarcation Point, or Point of Interface during the investigation
of the initial or repeat trouble report for. the same line or circuit within thirty (30) Days,
Maintenance of Service charges shall not apply.
12.3.5 Intentionally Left Blank.
12.3.6 Testing/Test Requests/Coordinated Testing
12.3.6.1 Where VZW does not have the ability to diagnose and isolate trouble on a
Qwest line, circuit, or service provided in this Agreement that VZW is utilizing to serve an
End User Customer, Qwest wil conduct testing, to the extent testing capabilities are
available to Qwest, to diagnose and isolate a trouble in substantially the same time and
manner that Qwest provides for itself, its End User Customers, its Affliates, or any other
party.
12.3.6.2 Prior to Qwest conducting a test on a line, circuit, or service provided in
this Agreement that VZW is utilzing to serve an End User Customer, Qwest must
receive a trouble report from VZW.
.
12.3.6.3 On manually reported trouble for designed services provided in this
Agreement, Qwest wil provide VZW test results upon request. For electronically
reported trouble, Qwest wil provide VZW with the ability to obtain basic test results in
substantially the same time and manner that Qwest provides for itself, its End User
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Customers, its Affliates, or any other party.
12.3.6.4 VZW shall isolate the trouble condition to Owests portion of the line,
circuit, or service provided in this Agreement before Owest accepts a trouble report for
that line, circuit or service. Once Owest accepts the trouble report from VZW, Owest
shall process the trouble report in substantially the same time and manner as Owest
does for itself, its End User Customers, its Affliates, or any other party.
12.3.7 Work Center Intenaces
12.3.7.1 Owest and VZW shall work cooperatively to develop positive, close
working relationships among corresponding work centers involved in the trouble
resolution processes.
12.3.8 Misdirected Repair Calls
12.3.8.1 VZW and Owest wil employ the following procedures for handling
misdirected repair calls:
12.3.8.1.1 VZW and Owest wil provide their respective End User Customers
with the correct telephone numbers to call for access to their respective repair
bureaus.
12.3.8.1.2 End User Customers ofVZW shall be instructed to report all cases
of trouble to VZW. End User Customers of Owest shall be instructed to report all
cases of trouble to Owest..
12.3.8.1.3 To the extent the correct provider can be determined, misdirected
repair calls wil be referred to the proper provider of Basic Exchange
Telecommunications Service.
12.3.8.1.4 VZW and Owest wil provide their respective repair contact
numbers to one another on a reciprocal basis.
12.3.8.1.5 In responding to repair calls, VZW's End User Customers
contacting Owest in error wil be instructed to contact VZW; and Owests End
User Customers contacting VZW in error wil be instructed to contact Owest. In
responding to calls, neither Party shall make disparaging remarks about each
other. To the extent the correct provider can be determined, misdirected calls
received by either Party wil be referred to the proper provider of local Exchange
Service; however, nothing in this Agreement shall be deemed to prohibit Owest
or VZW from discussing its products and services with VZW's or Owests End
User Customers who call the other Party.
12.3.9 Major Outages/Restoral/Notification
12.3.9.1 Owest wil notify VZW of major network outages in substantially the same
time and manner as it provides itself, its End User Customers, its Affliates, or any other
party. This notification wil be via e-mail to VZW's identified contact. With the minor
exception of certain Proprietary Information such as Customer information, Owest wil
utilze the same thresholds and processes for external notifcation as it does for internal
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purposes. This major outage information will be sent via e-mail on the same schedule
as is provided internally within Owest. The email notification schedule shall consist of
initial report of abnormal condition and estimated restoration time/date, abnormal
condition updates, and final disposition. Service restoration wil be non-discriminatory,
and wil be accomplished as quickly as possible according to Owest and/or industry
standards.
12.3.9.2 Owests emergency restoration process operates on a 7X24 basis.
12.3.10 Protective Maintenance
12.3.10.1 Owest wil perform scheduled maintenance of substantially the same type
and quality to that which it provides to itself, its End User Customers, its Affliates, or any
other party.
.
12.3.10.2 Owest wil work cooperatively with VZW to develop industry-wide
processes to provide as much notice as possible to VZ) of pending maintenance
activity. Owest shall provide notice of potentially VZW Customer impacting maintenance
activity, to the extent Owest can determine such impact, and negotiate mutually
agreeable dates with VZW in substantially the same time and manner as it does for
itself, its End User Customers, its Affliates, or any other party.
12.3.10.3 Owest shall advise VZW of non-scheduled maintenance, testing,
monitoring, and surveillance activity to be performed by Owest on any services,
including, to the extent Owest can determine, any hardware, equipment, software, or
system providing service functionality which may potentially impact VZW and/or VZW
End User Customers. Owest shall provide the maximum advance notice of such non-
scheduled maintenance and testing activity possible, under the circumstances; provided,
however, that Owest shall provide emergency maintenance as promptly as possible to
maintain or restore service and shall advise VZW promptly of any such actions it takes.
12.3.11 Hours of Coverage
12.3.11.1 Owests repair operation is seven (7) Days a week, twenty-four (24) hours
a day. Not all functions or locations are covered with scheduled employees on a 7X24
basis. Where such 7X24 coverage is not available, Owests repair operations center
(always available 7X24) can call-out technicians or other personnel required for the
identified situation.
12.3.12 Escalations
12.3.12.1 Owest wil provide trouble escalation procedures to VZW. Such
procedures wil be substantially the same type and quality as Owest employs for itself,
its End User Customers, its Affliates, or any other party. Owest escalations are manual
processes.
.
12.3.12.2' Owest repair escalations may be initiated by either callng the trouble
reporting center or through the electronic interfaces. Escalations sequence through five
tiers: tester, duty supervisor, manager, director, vice president. The first escalation point
is the tester. VZW may request escalation to higher tiers in its sole discretion.
Escalations status is available through telephone and the electronic interfaces.
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Electronic escalation is not available for non-designed products.
12.3.12.3 Qwest shall handle chronic troubles on non-designed services, which are
those greater than three (3) troubles in a rollng thirt (30) Day period, pursuant to
Section 12.2.2.1.
12.3.13 Dispatch
12.3.13.1 Qwest wil provide maintenance dispatch personnel in substantially the
same time and manner as it provides for itself, its End User Customers, its Affliates, or
any other party.
12.3.13.2 Upon the receipt of a trouble report from VZW, Qwest wil follow internal
processes and industry standards, to resolve the repair condition. Qwest wil dispatch
repair personnel on occasion to repair the condition. It wil be Qwests decision whether
or not to send a technician out on a dispatch. Qwest reserves the right to make this
dispatch decision based on the best information available to it in the trouble resolution
process. It is not always necessary to dispatch to resolve trouble; should VZW require a
dispatch when Qwest believes the dispatch is not necessary, appropriate charges wil be
biled by Qwest to VZW for those dispatch-related costs in accordance with Exhibit A if
Qwest can demonstrate that the dispatch was in fact unnecessary to the clearance of
trouble or the trouble is identified to be caused by VZW facilities or equipment.
12.3.14 Electronic Reporting
12.3.14.1 VZW may submit Trouble Reports through the Electronic Bonding or GUI
interfaces provided by Qwest..
12.3.14.2 Manually reported trouble tickets cannot be accessed by VZW through
electronic interfaces until the ticket has been closed. VZW wil only be able to view the
history on the account. Tickets created electronically in CEMR (Customer Electronic
Maintenance and Repair) can be monitored from the time the ticket has been created
until it is closed as well as to view the account history.
12.3.15 Intervals/Parity
12.3.15.1 Similar trouble conditions, whether reported on behalf of Qwest End User
Customers or on behalf of VZW End User Customers, wil receive commitment intervals
in substantially the same time and manner as Qwest provides for itself, its End User
Customers, its Affliates, or any other party.
12.3.16 Jeopardy Management
12.3.16.1 Qwest wil notify VZW, in substantially the same time and manner as
Qwest provides this information to itself, its End User Customers, its Affliates, or any
other party, that a trouble report commitment (appointment or interval) has been or is
likely to be missed. At VZW option, notification may be sent by email or fax through the
electronic interface. VZW may telephone Qwest repair center or use the electronic
interfaces to obtain jeopardy status. A jeopardy, caused by either VZW or Qwest,
endangers completing provisioning and/or installation processes and impacts meeting
the schedule due date of VZW's service request. When VZW's service-request is in
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jeopardy, Owest notifies VZW via a status update, email, Jeopardy Notification,
telephone call, and/or a FOC (Firm Order Confirmation). The purpose of the jeopardy
notification is to identify jeopardy conditions to VZW that impact meeting the scheduled
due date of VZW's service requests.
12.3.17 Trouble Screening
12.3.17.1 VZW shall screen and test its End User Customer trouble reports
completely enough to insure, to the extent possible, that it sends to Owest only trouble
reports that involve Owest facilties. For services and faciliies where the capabilty to
test all or portions of the Owest network service or facilty rest with Owest, Owest wil
then perform test isolation and test the service and facilty on behalf of VZW.
12.3.18 Maintenance Standards
12.3.18.1 Owest wil cooperate with VZW to meet the maintenance standards
outlined in this Agreement.
12.3.18.2 On manually reported trouble, Owest wil inform VZW of repair completion
in substantially the same time and manner as Owest provides to itself, its End User
Customers, its Affliates, or any other party. On electronically reported trouble reports
the electronic system wil automatically update status information, including trouble
completion, across the joint electronic gateway as the status changes.
12.3.19 End User Customer Intenace Responsibilties.12.3.19.1 VZW wil be responsible for all interactions with its End User Customers
including service call handling and notifying its End User Customers of trouble status
and resolution.
12.3.19.2 All Owest employees who perform repair service for VZW End User
Customers wil be trained in non-discriminatory behavior.
12.3.19.3 Owest wil recognize the designated VZW as the Customer of Record for
all services ordered by VZW and wil send all notices, invoices and pertinent information
directly to VZW. Except as otherwise specifically provided in this Agreement, Customer
of Record shall be Owests single and sole point of contact for all VZW End User
Customers.
12.3.20 Repair Call Handling
12.3.20.1 Manually-reported repair calls by VZW to Owest wil be answered with the
same quality and speed as Owest answers calls from its own End User Customers.
12.3.21 Single Point of Contact
12.3.21.1 Owest wil provide a single point of contact for VZW to report
maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a
day. A single 7X24 trouble reporting telephone number wil be provided to VZW for each
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Section 12ass .
12.3.22 Network Information
12.3.22.1 Qwest maintains an information database, available to VZW for the
purpose of allowing VZW to obtain information about Qwests NPAs, LATAs, Access
Tandem Switches and Central Offces.
12.3.22.2 This database is known as the ICONN database, available to VZW via
Qwests web site.
12.3.22.3 Customer Proprietary Network Information (CPNI) and NXX activity
reports are also included in this database.
12.3.22.4 ICONN data is updated in substantially the same time and manner as
Qwest updates the same data for itself, its End User Customers, its Affliates, or any
other party.
12.3.23 Maintenance Windows
12.3.23.1 Generally, Qwest performs major Switch maintenance activities off-hours,
during certain "maintenance windows". Major Switch maintenance activities include
Switch conversions, Switch generic upgrades and Switch equipment additions.
12.3.23.2 Generally, the maintenance window is between 10:00 p.m. through 6:00
a.m. Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a.m.,
Mountain Time. Although Qwest normally does major Switch maintenance during the
above maintenance window, there wil be occasions where this wil not be possible.
Qwest wil provide notification of any and all maintenance activities that may impact
VZW ordering practices such as embargoes, moratoriums, and quiet periods in
substantially the same time and manner as Qwest provides this information to itself, its
End User Customers, its Affiliates, or any other party.
.
12.3.23.3 Planned generic upgrades to Qwest Switches are included in the ICONN
database, available to VZW via Qwests web site.
12.3.24 Switch and Frame Conversion Service Order Practices
12.3.24.1 Switch Conversions. Switch conversion activity generally consists of the
removal of one switch and its replacement with another. Generic Switch softare or
hardware upgrades, the addition of switch line and trunk connection hardware and the
addition of capacity to a Switch do not constitute Switch conversions.
12.3.24.2 Frame Conversions. Frame conversions are generally the removal and
replacement of one or more frames, upon which the Switch Ports terminate.
12.3.24.3 Conversion Date. The "Conversion Date" is a Switch or frame conversion
planned day of cut-over to the replacement frame(s) or Switch. The actual conversion
time typically is set for midnight of the Conversion Date. . This may cause the actual
Conversion Date to migrate into the early hours of the day after the planned Conversion
Date.
12.3.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the
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time period that the switch or frame trunk side facility connections are frozen to facilitate
conversion from one switch or frame to another with minimal disruption to the End User
Customer or VZW services. During the embargo period, Qwest will reject orders for
trunk side facilities (see Section 12.3.24.4.1) other than conversion orders described in
Section 12.3.24.4.3. Notwithstanding the foregoing and to the extent Qwest provisions
trunk or trunk facilty related service orders for itself, its End User Customers, its
Affliates, or any other party during embargoes, Qwest shall provide VZW the same
capabilties.
12.3.24.4.1 ASRs for switch or frame trunk side facility augments to capacity
or changes to Switch or frame trunk side facilties must be issued by VZW with a
Due Date prior to or after the appropriate embargo interval as identified in the
ICONN database. Qwest shall reject Switch or frame trunk side ASRs to
augment capacity or change facilties issued by VZW or Qwest, its End User
Customers, its Affiliates or any other party during the embargo period, regardless
of the ordets Due Date except for conversion ASRs described in Section
12.3.24.43.
12.3.24.4.2 For switch and trunk side frame conversions, Qwest shall provide
VZW with conversion trunk group service requests (TGSR) no less than ninety
(90) Days before the Conversion Date.
.12.3.24.4.3 For switch and trunk side frame conversions, VZW shall issue
facility conversion ASRs to Qwest no later than thirty (30) Days before the
Conversion Date for like-for-like, where VZW mirrors their existing circuit design
from the old Switch or frame to the new Switch or frame, and sixty (60) Days
before the Conversion Date for addition of trunk capacity or modification of circuit
characteristics (Le., change of AMI to B8ZS).
12.3.24.5 Frame Embargo Period. During frame conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities connected to the
affected frame. For conversion of trunks where VZW mirrors their existing circuit design
from the old frame to the new frame on a like-for-like basis, such embargo period shall
extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the
Conversion Date. If VZW requests the addition of trunk capacity or modification of circuit
characteristics (Le., change of AMI to B8ZS) to the new frame, new facility ASRs shall
be placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
embargo period, Qwest shall identify the particular dates and locations for frame
conversion embargo periods in its ICONN database in substantially the same time and
manner as Qwest notifies itself, its End User Customers, Affliates, or any other party.
.
12.3.24.6 Switch Embargo Period. During Switch conversions, service orders and
ASRs shaii be subject to an embargo period for services and facilities associated with
the trunk side of the switch. For conversion of trunks where VZW mirrors their existing
circuit design from the old Switch to the new Switch on a like-for-like basis, such
embargo period shall extend from thirty (30) Days prior to the Conversion Date until five
(5) Days after the Conversion Date. If VZW requests the addition of trunk capacity'or
modification of circuit characteristics to the new Switch, new facility ASRs shall be
placed, and the embargo period shall extend from sixty (60) Days prior to the
Conversion Date until five (5) Days after the Conversion Date. Prior to instituting an
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conversion embargo periods in its ICONN database in substantially the same time and
manner as Qwest notifies itself, its End User Customers, Affliates, or any other party.
12.3.24.7 Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame
conversion quiet periods are the time period within which LSRs may not contain Due
Dates, with the exception of LSRs that result in disconnect orders, including those
related to LNP orders, record orders, Billng change orders for non-switched products,
and emergency orders.
12.3.24.7.1 LSRs of any kind issued during Switch or frame conversion quiet
periods create the potential for loss of End User Customer service due to manual
operational processes caused by the Switch or frame conversion. LSRs of any
kind issued during the Switch or frame conversion quiet periods wil be handled
as set forth below, with the understanding that Qwest shall use its best efforts to
avoid the loss of End User Customer service. Such best efforts shall be
substantially the same time and manner as Qwest uses for itself, its End User
Customers, its Affliates, or any other party.
12.3.24.7.2 The quiet period for Switch conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed for the
affected location, extends from five (5) Days prior to conversion until two (2)
Days after the conversion and is identified in the ICONN database.
12.3.24.7.3 The quiet period for frame conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed or the
affected location, extends from five (5) Days prior to conversion until two (2)
Days after the conversion.
.
12.3.24.7.4 LSRs, except those requesting order activity described in
12.3.24.7, (i) must be issued with a Due Date prior to or after the conversion
quiet period and (ii) may not be issued during the quiet period. LSRs that do not
meet these requirements wil be rejected by Qwest.
12.3.24.7.5 LSRs requesting disconnect activity issued during the quiet
period, regardless of requested Due Date, wil be processed after the quiet
period expires.
12.3.24.7.6 VZW may request a Due Date change to a LNP related
disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the
Day prior to the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change. Such changes shall
be handled as emergency orders by Qwest.
12.3.24.7.7 VZW may request a Due Date change to a LNP related
disconnect order scheduled during quiet periods after 12:00 noon Mountain Time
the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the
Day after the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change and contacting the
Interconnect Service Center. Such changes shall be handled as emergency
orders by Qwest.
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12.3.24.7.8 In the event that VZW End User Customer service is disconnected
in error, Qwest wil restore service in substantially the same time and manner as
Qwest does for itself, its End User Customers, its Affliates, or any other party.
Restoration of VZW End User Customer service wil be handled through the LNP
escalations process.
12.3.24.8 Switch Upgrades. Generic Switch software and hardware upgrades are
not subject to the Switch conversion embargoes or quiet periods described above. If
such generic Switch or softare upgrades require significant activity related to
translations, an abbreviated embargo and/or quiet period may be required. Qwest shall
implement service order embargoes and/or quiet periods during Switch upgrades in
substantially the same time and manner as Qwest does for itself, its End User
Customers, its Affliates, and any other party.
12.3.24.9 Switch Line and Trunk Hardware Additions. Qwest shall use its best
efforts to minimize VZW service order impacts due to hardware additions and
modifications to Qwests existing Switches. Qwest shall provide VZW substantially the
same service order processing capabilities as Qwest provides itself, its End User
Customers, Affliates, or any other party during such Switch hardware additions.
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Section 13
Access To Telephone Numbers .
SECTION 13.0 -ACCESS TO TELEPHONE NUMBERS
13.1 Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party's right to request an assignment of any NANP number resources
including, but not limited to, Central Offce (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC or
Commission Order. The latest version of the Guidelines wil be considered the current
standard.
13.2 North American Numbering Plan Administration (NANPA) has transitioned to NeuStar.
Both Parties agree to comply with Industry guidelines and Commission rules, including those
sections requiring the accurate reporting of data to the NANPA.
13.3 It shall be the responsibility of each Party to program and update its own switches and
network systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and route
traffc to the other Party's assigned NXX or NXX-X codes. Neither Party shall impose any fees
or charges on the other Party for such activities. The Parties wil cooperate to establish
procedures to ensure the timely activation of NXX assignments in their respective networks.
13.4 Each Party is responsible for administering numbering resources assigned to it. Each
Party wil cooperate to timely rectify inaccuracies in its LERG data. Each Party wil
maintain/revise the LERG to reflect current homing arrangements, which includes subtending
arrangements for local and access tandems, and 800 SSP. Each Party is responsible for
updating the LERG data for NXX codes assigned to its End Offce Switches. Each Party shall
use the LERG published by Telcordia or its successor for obtaining routing information and shall
provide through an authorized LERG input agent, all required information regarding its network
for maintaining the LERG in a timely manner.
.
13.5 Each Party shall be responsible for notifying its End User Customers of any changes in
numbering or dialing arrangements to include changes such as the introduction of new NPAs.
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Local Dialing Parity
SECTION 14.0. LOCAL DIALING PARITY
14.1 The Parties shall provide local dialing parity to each other as required under Section
251(b)(3) of the Act. Qwest wil provide local dialing parity to competing Carriers of telephone
Exchange Service and telephone Toll Service, and wil permit all such Carriers to have non-
discriminatory access to telephone numbers, Operator Services (OS), and Directory Assistance
(DA), with no unreasonable dialing delays. VZW may elect to route all of its End User
Customers calls in the same manner as Qwest routes its End User Customers calls, for a given
call type (e.g., 0, 0+, 1+,411), or VZW may elect to custom route its End User Customers' calls
differently than Qwest routes its End User Customer's calls. Additional terms and conditions
with respect to customized routing are described in this Agreement. '
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Section 15 .
SECTION 15.0 - Intentionally Left Blank
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.Section 16
Bona Fide Request Process
SECTION 16.0 - BONA FIDE REQUEST PROCESS
16.1 Any request for Interconnection or Ancillary service that is not already available as
described in other sections of this Agreement, including but not limited to Exhibit F or any other
Interconnection Agreement, Tariff or otherwise defined by Qwest as a product or service shall
be treated as a Bona Fide Request (BFR). Qwest shall use the BFR Process to determine the
terms and timetable for providing the requested Interconnection or Ancillary services and the
technical feasibility of new/different points of Interconnection. Qwest wil administer the BFR
Process in a non-discriminatory manner.
16.2 A BFR shall be submitted in writing and on the appropriate Qwest form for BFRs. VZW
and Qwest may work together to prepare the BFR form and either Party may request that such
coordination be handled on an expedited basis. This form shall be accompanied by the non-
refundable Processing Fee specified in Exhibit A of this Agreement. Qwest wil refund on-half of
the Processing Fee if the BFR is cancelled within ten (10) business Days of the receipt otthe
BFR form. The form wil request, and VZW wil need to provide, the following information, and
may also provide any additional information that may be reasonably necessary in describing
and analyzing VZW's request:
16.2.1 a technical description of each requested new or different point of
Interconnection or Ancilary service;
16.2.2 the desired interface specification;.16.2.3 each requested type of Interconnection or access;
16.2.4 a statement that the Interconnection or Ancillary service wil be used to
provide a Telecommunications Service;
16.2.5
16.2.6
the quantity requested;
the specific location requested;
16.3 Within two (2) business Days of its receipt, Qwest shall acknowledge receipt of the BFR
and in such acknowledgment advise VZW of missing information, if any, necessary to process
the BFR. Thereafter, Qwest shall promptly advise VZW of the need for any additional
information required to complete the analysis of the BFR. If requested, either orally or in writing,
Qwest wil provide weekly updates on the status of the BFR.
16.4 Within twenty-one (21) calendar Days of its receipt of the BFR and all information
necessary to process it, Qwest shall provide to VZW an analysis of the BFR. The preliminary
analysis shall specify Qwests conclusions as to whether or not the requested Interconnection is
technically feasible.
.
16.5 If Qwest determines during the twenty-one (21) Day period that a BFR does not qualify
as an Interconnection or Ancilary service that is required to be provided under the Act or state
law, Qwest shall advise VZW as soon as reasonably possible of that fact, and Qwest shall
promptly, but in no case later than the twenty-one Day period, provide a written report setting
forth the basis for its conclusion.
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Section 16
Bona Fide Request Process .
16.6 If Qwest determines during such twenty-one (21) Day period that the BFR qualifies
under the Act or state law, it shall notify VZW in writing of such determination within ten (10)
calendar Days, but in no case later than the end of such twenty-one (21) Day period.
16.7 As soon as feasible, but in any case within forty-five (45) calendar Days after Qwest
notifies VZW that the BFR qualifies under the Act, Qwest shall provide to VZW a BFR quote.
The BFR quote wil include, at a minimum, a description of each Interconnection and Ancilary
service, the quantity to be provided, any interface specifications, and the applicable rates
(recurring and nonrecurring) including the separately stated development costs and constructioncharges of the Interconnection Ancilary service and any minimum volume and term
commitments required, and the timeframes within which the request wil be provisioned.
16.8 A VZW has sixty (60) business Days upon receipt of the BFR quote, to either agree to
purchase under the quoted price, or cancel its BFR.
16.9 If VZW has agreed to minimum volume and term commitments under the preceding
paragraph, VZW may cancel the BFR or volume and term commitment at any time but may be
subject to termination liability assessment or minimum period charges.
16.10 If either Party believes that the other Part is not requesting, negotiating or processing
any BFRin good faith, or disputes a determination or quoted price or cost, it may invoke the
Dispute Resolution provision of this Agreement.
16.11 All time intervals within which a response is required from one Party to another under
this Section are maximum time intervals. Each Part agrees that it wil provide all responses to
the other Party as soon as the Party has the information and analysis required to respond, even
if the time interval stated herein for a response is not over.
.
16.12 In the event VZW has submitted a Request for an Interconnection or Ancilary services
and Qwest determines in accordance with the provisions of this Section 16 that the request is
technically feasible, subsequent requests or orders for substantially similar types of
Interconnection or Ancilary services by that VZW shall not be subject to the BFR process. To
the extent Qwest has deployed or denied a substantially similar Interconnection or Ancilary
services under a previous BFR, a subsequent BFR shall not be required and the BFR
application fee shall be refunded immediately. 1GB pricing and intervals will stil apply for
requests that are not yet standard offerings. For purposes of this Section 16.12, a "substantially
similar" request shall be one with substantially similar characteristics to a previous request with
respect to the information provided pursuant to Subsections 16.2.1 through 16.2.6 of Section
16.2 above. The burden of proof is upon Qwest to prove the BFR is not substantially similar to
a previous BFR.
16.13 The total cost charged to VZW shall not exceed the BFR quoted price.
16.14 Upon request, Qwest shall provide VZW with Qwests supporting cost data and/or
studies for the Interconnection or Ancilary service that VZW wishes to order within seven (7)
business Days, except where Qwest cannot obtain a release from its vendors within seven (7)
business Days, in which case Qwest will make the data available as soon as Qwest receives
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the vendor release. Such cost data shall be treated as Confidential Information, if requested by
Owest under the non-disclosure sections of this Agreement.
16.15 Owest shall make available a topical list of the BFRs that it has received with VZWs
under this Agreement. The description of each item on that list shall be suffcient to allow VZW
to understand the general nature of the product, service, or combination thereof that has been
requested and a summary of the disposition of the request as soon as it is made. Owest shall
also be required upon the request of VZW to provide sufficient details about the terms and
conditions of any granted requests to allow VZW to elect to take the same offering under
substantially identical circumstances. Owest shall not be required to provide information about
the request initially made by VZW whose BFR was granted, but must make available the same
kinds of information about what it offered in response to the BFR as it does for other products or
services available under this Agreement. VZW shall be entitled to the same offering terms and
conditions made under any granted BFR, provided that Owest may require the use of ICB
pricing where it makes a demonstration to VZW of the need therefore.
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Section 17
Audit Process .
SECTION 17.0 - AUDIT PROCESS
17.1 "Audit" shall mean the comprehensive review of the books, records, and other
documents used in providing services under this Agreement. The term "Audit" also applies to
back offce systems and databases.
17.2 The data referred to above shall be relevant to any performance indicators that 'are
adopted in connection with this Agreement, through negotiation, arbitration or otherwise. This
Audit shall take place under the following conditions:
17.2.1 Either Party may request to perform an Audit.
17.2.2 The Audit shall occur upon thirt (30) business Days written notice by the
requesting Party to the non-requesting Party.
17.2.3 The Audit shall occur during normal business hours.
17.2.4 There shall be no more than one (1) Audit requested by each Party under
this Agreement in any twelve (12)-month period, unless the previous audit finds
significant deficiencies in which case audits can be made on those deficiency items in
less than the twelve (12) months.
17.2.5 The requesting Party may review the non-requesting Party's records,
books and documents, as may reasonably contain information relevant to the operation
of this Agreement The Audited Part may redact from the books, records or other
documents provided to the auditor any Audited Part information that reveals the identity
of the End User Customers of Audited Part.
17.2.6 The location of the Audit shall be the location where the requested
records, books and documents are retained in the normal course of business.
.
17.2.7 All transactions under this Agreement which are over twenty-four (24)
months prior to the date of request wil be considered accepted and no longer subject to
Audit. In the event an audit is initiated, the Parties agree to retain records of all
transactions under this Agreement for at least twenty-four (24) months and all
subsequent transactions wil also be subject to audit.
17.2.8 Each Party shall bear its own expenses occasioned by the Audit,
provided that the expense of any special data collection shall be born by the requesting
Part.
17.2.9 The Party requesting the Audit may request that an Audit be conducted
by a mutually agreed-to independent auditor. Under this circumstance, the costs of the
independent auditor shall be paid for by the Party requesting the Audit.
17.2.10 In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties.
17.2.11 The Parties agree that if an Audit discloses error(s), the Party responsible
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for the error(s) shall, in a timely manner, undertake corrective action for such error(s).
All errors not corrected within thirty (30) business Days shall be escalated to the Vice-
President leveL.
17.3 All information received or reviewed by the requesting Party or the independent auditor
in connection with the Audit is to be considered Confidential Information as defined by this
Agreement. The non-requesting Party reserves the right to require any non-employee who is
involved directly or indirectly in any Audit or the resolution of its findings as described above to
execute a nondisclosure agreement satisfactory to the non-requesting Part. To the extent an
Audit involves access to information of other competitors, VZW and Owest wil aggregate such
competitors' data before release to the other Party, to insure the protection of the proprietary
nature of information of other competitors. To the extent a competitor is an Affiliate of the Party
being audited (including itself and its subsidiaries), the Parties shall be allowed to examine such
Affliates' disaggregated data, as required by reasonable needs of the Audit.
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Section 18
Construction Charges .
SECTION 18.0 - CONSTRUCTION CHARGES
18.1 Qwest wil conduct an individual financial assessment of any request which requires
construction of network capacity, facilities, or space for access. When Qwest constructs to fulfil
VZW's request, Qwest wil bid this construction on a case-by-case basis. Qwest wil charge for
the construction through non-recurring charges and a term agreement for the remaining
recurring charge, as described in the Construction Charges Section of this Agreement. When
VZW orders the same or substantially similar service available to Qwest End User Customers,
nothing in this Section shall be interpreted to authorize Qwest to charge VZW for special
construction where such charges are not provided for in a Tariff or where such charges would
not be applied to a Qwest End User Customer.
.
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.Section 19
Network Standards
SECTION 19.0 - NETWORK STANDARDS
19.1 The Parties recognize that Qwest services and Network Elements have been purchased
and deployed, over time, to Telcordia and Qwest technical standards. Specification of
standards is buil into the Qwest purchasing process, whereby vendors incorporate such
standards into the equipment Qwest purchases. Qwest supplements generally held industry
standards with Qwest Technical Publications.
19.2 The Parties recognize that equipment vendors may manufacture Telecommunications
equipment that does not fully incorporate and may differ from industry standards at varying
points in time (due to standards development processes and consensus) and either Party may
have such equipment in place within its network. Except where otherwise explicitly stated within
this Agreement, such equipment is acceptable to the Parties, provided said equipment does not
pose a security, service or safety hazard to persons or property.
19.3 Generally accepted and developed industry standards which the Parties agree to
support include, but are not limited to:
19.3.1 Switching
GR-2863-CORE AIN
GR-1428-CORE Toll Free Service.GR-1432-CORE TCAP
GR-905-CORE ISUP
GR-1357-CORE switched Fractional DS1
GR-1298-CORE AIN switching System Generic Requirements
GR-1299-CORE AIN Service Control Point Adjunct Interface Generic
Requirements
TR-NWT-001284 AIN 0.1 switching System Generic Requirements
GR-905-CORE Common Channel Signaling Network Interface Specification
GR-1432-CORE CCS Network Interface Specification Telcordia TR-TSY-000540,
Issue 2R2
GR-305-CORE
GR-1429-CORE
GR-2863-CORE
FR-64 LATA LSSGR
.October 14, 2010/kjc/Nerizon/lD/CDS- 100901-0006
Type 2 Wireless Interconnection Agreement - CO Template 09-17-09
91
Section 19
Network Standards .
GR-334-CORE Switched Access Service
TR-NWT-000335 Voice Grade Special Access Services
TR- TSY -000529 Public LSSGR
TR-NWT-000505 LSSGR Call Processing
FR-NWT-000271 OSSGR
TR-NWT -001156 OSSGR Subsystem
SR-TSY-001171 System Reliability Analysis
19.3.2 Transport
Telcordia FR-440
TR-NWT-000499 (TSGR) Transport Systems Generic Requirements
GR-820-CORE Generic Transmission Surveilance; DS1 and DS3 Performance
GR-253-CORE Synchronous Optical Network Systems (SONET)
TR-NWT-000507 Transmission
TR-NWT-000776 NID for ISDN Subscriber Access .
TR-INS-000342 High Capacity Digital Special Access Service
ST-TEC-000051 & 52 Telecommunications Transmission Engineering
Handbooks Volumes 1 & 2
ANSI T1.1 02-1993 Digital Hierarchy - Electrical Interface; Annex B
19.3.3 Loops
TR-NWT-000057 Functional Criteria for Digital Loop Carrier Systems Issue 2
TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital
Subscriber Lines
GR-253-CORE SONET Common Generic Criteria
TR-NWT-000303 Integrated Digital Loop Carrier System Generic Requirements
TR-TSY-000673 Operations Interface for an IDLC System
GR-303-CORE Issue 1 Integrated Digital Loop Carrier System Generic
Requirements
TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital
October 14, 2010/kjclNerizon/lD/CDS- 100901-0006
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.Section 19
Network Standards
Subscriber Lines
TR- TSY -000008 Digital Interface Between the SLC 96 Digital Loop Carrier
System and a Local Digital switch
TR-NWT-008 and 303
TA-TSY-000120 Subscriber Premises or Network Ground Wire
GR-49-CORE Generic Requirements for Outdoor Telephone Network Interface
Requirements
TR-NWT-000239 Indoor Telephone Network Interfaces
TR-NWT -000937 Generic Requirements for Outdoor and Indoor Building
Entrance
TR-NWT-000133 Generic Requirements for Network Inside Wiring
19.3.4 Local Number Portabilty
Generic Requirements for SCP Application and GTT Function for Number
Portability, iCC LNP Workshop SCP Generic Requirements Subcommittee..Generic Switching and Signaling Requirements for Number Portability, Version
1.03, ICC LNP Workshop Switch Generic Requirements Subcommittee,
September 4, 1996.
Generic Operator Services Switching Requirements for Number Portability, Issue
1.1, Tech Rep, Illnois Number Portabilty Workshop, 1996.
Number Portabiliy Operator Services Switching Systems (Revision of T1.TRQ.1-
1999) T1.TRQ.1-2001
Number Portabilty Switching Systems (Revision of T1.TRQ.2-1999) T1.TRQ.02-
2001
Number Portabilty Database and Global Title Translation T1.TRQ.03-1999
FCC First Report and Order and Further Notice of Proposed Rulemaking; FCC
96-286; CC Docket 95-116, RM 8535; Released July 2, 1996;
.
FCC First Memorandum Opinion and Order on Reconsideration; FCC 97-74; CC
Docket 95-116, RM 8535; Released March 11, 1997.
FCC Second Report and Order, FCC 97-298; CC Docket 95-116, RM 8535;
Released August 18, 1997.
FCC Third Report and Order, FCC 98-82; CC Docket 95-116, RM 8535;
Released May 12, 1998.
FCC Wireless LNP deadline to 11/24/03, FCC 02-215; CC Docket 95-116; WT
October 14, 2010/kjc/Nerizon/lD/CDS- 100901-0006
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93
Section 19
Network Standards .Docket 01-184; Released July 26,2002.
19.4 The Parties wil cooperate in the development of national standards for Interconnection
elements as the competitive environment evolves. Recognizing that there are no current
national standards for Interconnection Network Elements, Owest has developed its own
standards for some Network Elements, including:
Expanded Interconnection and Collocation for Private Line Transport and Switched
Access Services - #77386
Competitive Local Exchange Carrier Installation/Removal Guidelines - #77390
19.5 Owest Technical Publications have been developed to support service offerings, inform
End User Customers and suppliers, and promote engineering consistency and deployment of
developing technologies. Owest provides all of its Technical Publications at no charge via
website: http://www.qwest.com/techpub/.1
.
Owest now provides all Technical Publications to VZWs for no charge via the internet.
October 14, 2010/kjc/Nerizon/lD/CDS- 100901-0006
Type 2 Wireless Interconnection Agreement - CO Template 09-17-09
94 .
.Section 20
Signature Page
SECTION 20.0 - SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective duly authorized representatives.
Cellco Partnership d/b/a Verizon Wireless
Cellular Inc. Financial Corp. d/b/a Verizon Wireless
Idaho RSA NO.2 Limited Partnership d/b/a Verizon Wireless
By Verizon Wireless (VAW) LLC, Its General Manager
Idaho RSA 3 Limited Partnership d/b/a Verizon Wireless
ByVerizon Wireless (VAW) LLC, Its General Manager
Idaho 6-Clark Limited Partnership d/b/a Verizon Wireless
By CommNet Cellular Inc., Its Managing Agent
10 Holding, Inc.
By WWC License LLC, Its Managing Member
RCC Minnesota, Inc.
Verizon Wireless (VAW) LLC d/b/a Verizon Wireless.Qwest Corporation
Signature Signature
Walter L. Jones, Jr.
Name Printed/Typed
L.T. Christensen
Name Printed/Typed
West Area Vice President - Network
Title
Director - Wholesale Contracts
Title
Date Date
.October 14, 2010/kjc/Nerizon/lD/CDS- 100901-0006
Type 2 Wireless Interconnection Agreement - CO Template 09-17-09
95
.
.
.
.Section 20
Signature Page
SECTION 20.0. SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties nave caused this Agreement to be executed by their
respective duly authorized representatives.
Cellco Partnership d/b/ä VerizonWireless
CeUular Inc. Financial Corp. d/b/a Verizon Wireless
Idaho RSA No.2 Limited Partnership d/b/a Verizon Wireless
By Verizon Wireless (YAW) Ll.C, Its General Manager
Idaho RSA 3 Limited Partnership d/b/a Verizon Wireless
By Verizon Wireless (VAW) I.LC, Its General Manager
Idaho 6-Clark Limited Partnership d/b/aVerizon Wireless
Ey CommNetCèllular hie., its Mäl1agil1,g Agent
10 Holding, Inc.
Sy WWCLicense LLC, Its Managing Member
...~.
C:d ..,... ,dd ..'~øn~
Qwest ,èorporation~~)~
Signature
,." . ..;.....,.. .
ReC Mh)ne$ota,'.lnc.."',;d::.~' ~~.:
, Verizon Wireless (VAW),I.L.C d/b/a Verizon Wireless
Walter L. Jones, Jr.
Name PrintedfTyped
L.T. Christensen
Name PrintedfTyped
Director - Wholesale Contracts
Title
i/~~ .hir rti.o
Date Date
.October 14, 2010lkjclNerizon/lD/CDS- 100901-0006
Type 2 Wireless .Interconnection Agreement - CO Template 09-17-09
95
Exhibit J
Election of Reciprocal Compensation Option
The Parties have agreed to a Bil and Keep Arrangement for IntrMTA traffc. However,should
the FCC lake further action or a court of competent jurisdiction replaces, modifies
or supersedes
the applicable compensation rules or the traffc become out of balance¡ the compensation rate
shall be based on the election made from this Exhibit J.
Pursuant to the election in this Exhibit J of this Agreement, the Parties agree to
exchange
IntraMTA traffc per section 6.3.5.4.
WSPmust select either 1. OR 2.
1. The rates applicable to IntraMT A traffc between Owest and WSPshall be lhes;ameas the
rates established in ISP-bound trffc pursuant to Exhibit A, Section 6.8. Such
rate for ISP-bound
traffc will apply to IntraMTA trffc in lieu of End Offce Call Termination rates, and TandemSWhed Tra",p~Signat~~ ,-:.,....,.,
'PnnfName: WfÙtUL. tlOtj tJt. i': '.' '
.; .,,2. Compensation rate for IntraMTAtraff shall be
as established by the CommissioitpiirsuanttO
,... :,"""ExhibitA, Section 6.7. " '.. '+C"-':::',;":,'" '.,. '3.
Signature
Print Name:
When the FCC ordered rate for ISP-baund traffc is applied to IntraMTA Traffc, the FCC Ordered
ISP rate is used in lieu of End Office call termination and Tandem Switched Transport rate
elements.
WSP-T-2-Exhihit J
4-30-07
.
; !.
.
.Verizon Wireless Wireless Type 2 Exhibit A
Idaho
6.0 Interconnection
6.1 Entrance Faciliies
6,1,1 DS1 $103,61 $208,34 A A
I I
6.1,2 DS3 $524.42 $277,73 A A
6.2 EleT
6.2,1 PerDS1 $0,00 $0,00 A A
6.2,2 I Per DS3 $0,00 $0,00 8 B
6.3 Direct Trunked Transport
6.3,1 DSO (Recurrino Fixed & Der Mile)A A
6,3.1.1 Over 0 to 8 Miles $24,67 $0,29 A A
6,3,1,2 Over 8 to 25 Miles $24,69 $0.23 A A
6,3.1,3 Over 25 to 50 Miles $24,86 $0,15 A A
6,3.1.4 Over 50 Miles $24,69 $0.05 A A
6,3.2 DS1 (Recurrina Fixed & Der Mile
6,3,2,1 Over 0 to 8 Miles $37,35 $1,25 A A
6,3,2,2 Over 8 to 25 Miles $37.35 $1.82 A A
6,3.2,3 Over 25 to 50 Miles $37.35 $1.89 A A
6,3,2.4 Over 50 Miles $37.35 $1,90 A A
I
6,3.3 DS3 (Recurrino Fixed & oer Mile
6,3,3,1 Over 0 to 8 Miles $257,18 $19.48 A A
6,3,3,2 Over 8 to 25 Miles $260.49 $24.24 A A
6,3,3,3 Over 25 to 50 Miles $260.7 $26.3 A A
6,3,3.4 Over 50 Miles $259,32 $26,35 A A
6.4 Multiplexina
6.41 DS1 to DSO $263,86 $193,30 A A
6.4.2 DS3 to DS1 $304,22 $193,30 A A
6.5 Trunk Nonrecurrina Charaes
6.5.1 DS1 Interface
6,5,1,1 First Trunk $229.40 A
6.5,1.2 Each Additional Trunk $5.46 A
I
6.5,2 DS3 Interface
6.5,2.1 First Trunk $235.71 A
6,5,2,2 Each Additional Trunk $11.78 A
6.5,3 Trunk Routin Chanae, per Tvpe 2 Trunk Group
6.5,3,1 2A Direct Final to Alternate Final $74.61 1
6,5,3,2 Tvpe 2 Routino Translation Chanoe $74.61 1
6.6 Ancilarv Trunks
6.6,1 One-Wav Out Onlv, Ancilarv Trunks, per Trunk
6.6,1.1 Idaho - North $20,69 $43,00
6.6,1,2 Idaho - South
6,6,1,2,1 Zone 1 $11.50 $117.50
6,6,1,2.2 Zone 2 $17.51 $117.50
6,6,1,2.3 Zone 3 $12,63 $117,50
6.7 IntraMTA Traffic
6,7.1 End Ofce Call Termination, per Minute of Use $0,001343 1#
I 1 I
6,7.2 Tandem Switched Transpor, per Minute of Use $0.000690 #
I i
6,7.3 Tandem Transmission (Recurrina Fixed & per Mile
6.7.3,1 Over 0 to 8 Miles $0,0004564 $0,0000367 A A
6.7.3.2 Over 8 to 25 Miles $0,004564 $0,0000367 A A
6.7.3,3 Over 25 to 50 Miles $0,0004564 $0,0000367 A A
6,7,3.4 Over 50 Miles $0,000426 $0,0000144 A A
6.8 ISP Bound Traffic
6,8.1 I Local Traffc - FCC - ISP Rate Caps
16,8.1.1 Minute Of Use "s of June 14, 2003, rate in effect until further FCC action $0,0007 4
6.9 Miscellaneous Charoes
6,9.1 Cancellation Charge Qwest s Idaho
Accss
Service
Catalog
.
.Owest Idaho 7th Revision
October 2, 2007 Page 1 of3
Verizon Wireless Wireless Type 2 Exhibit A
Idaho .
6,9,2 Expedite Charge Qwest s Idaho
Access
Servic
Catalog
6,9.3 Additional Testing Qwest s Idaho
Access
Service
Catalog
6.10 Transit Traffic
6.10,1 Local Transit (Assumed 7 miles) per Minute of Use See Tandem
Switching and
Tandem
T ransmlssion
rates above
6,10,2 Toll Transit, oer Minute of Use $0,002857
6.11 Jointly Provided Switched Access Services
6.11.1 ¡ Mechanized Access Records, per Record $0,0014877 ,B
6.12 InterMTA Traffic QwestFCC OwestFCC
Switched Switched
Access Tari Access Tarif
7.0 Intentionallv Left Blank
8.0 Iintentionally Left Blank
9.0 Ancila Services
9.1 Local Number Portabilitv
9,1,1 LNP Queries See FCC See FCC
Tari #1 Tarif #1
Section 13 &Section 13 &
20 20
9.1.2 LNP Manaoed Cuts ,
9.1,2,1 Standard Manaaed Cuts, oer Person, oer Half Hour $26.57 A
9.1,2,2 Overtime Manaaed Cuts. oer Person, oer Half Hour $34.38 A
9,1,2,3 Premium Managed Cuts, per Persn, per Half Hour $42.21 A
9.2 911/ E911 NoCharoe No Chame
19.3 I Intentionally Left Blank
9.4 Access to POlèS, Ducts, Conduits and Riahts of Way (ROW)
9.41 Pole Inouirv Fee, oer Inauirv $341.63 1
9.42 Innerduct Inauirv Fee, oer Inouirv $233.51 1
9.43 ROW Inquiry Fee, per Inquiry $378.87 1
9.4.4 ROW Document Preoaration Fee $122.91 1
9.4.5 Field Verification Fee, oer Pole $20.48 1
9.46 Field Verification Fee, oer Manhole $190.89 1
9.47 Planner Verification, per Manhole $16.2 1
9.48 Manhole Verification Insoector, oer Manhole $92.18 1
9.49 Manhole Make-Readv Insoector, oer Manhole $245.82 1
9.410 Intentionallv Left Blank
9.4,11 Pole Attachment Fee, per Foot, oer Year $2,77 A
9.4,12 Innerduct
9.412.1 Iintentionallv Left Blank
9.412,2 Iinnerduct Occuoancv Fee, oer Foot, oer Year $0,31 4
9.4.13 Access Aareement Consideration $10.00 A
9,4.14 Make Readv ICB 3
10.0 IIntèntionally Left Blank
11.0 AcceSS to ODerational Support Systems (055)
11.1 DeveloDment and Enhancements, per Order $5.00 A
11.2 Onaoina ODerations, Der Order $1.40 A
12.0 Maintenance and Repair
12.1 Trouble Isolation
12.1,1 Maintenance of Service lor non-OwestTrouble, oer Hall Hour or fractin thereof
12.1,1.1 I Maintenance of Service - Basic $28.6 A
12,1,1,2 1 Maintenance of Service, Overtme $38.55 A
12.1,1,3 I Maintenance of Servce - Premium $48.25 A
12.1.2 Disoatch for non-Owest Trouble $87.98 A
.
Owest Idaho 7th Revision
October 2, 2007
.
Page 2 of3
.
.
.
Verizon Wireless Wireless Type 2 Exhibit A
Idaho
13.0 Intentionall Left Blank
14.0 Intentionall Left Blank
15.0 Intentionally Left Blank
16.0 Bona Fide Re uest Process
16.1 Processin. Fee
17.0 Intentionall Left Blank
18.0 Intentionall Left Blank
19.0
$1,851.86 A
ICB ICB 3 3
Unless otherwise indicated, all rates are ursuant to Idaho Public UtUites Commission Dockets:
A Cost Docket QWE-T-01,11, Order No, 29408 January 5, 2004) rates effective Janua 5,2004.
B Cost Oocket QWi=:!:1-11, Order No, 29408 (Janua 5, 2004) rates effective Janua 5, 2004
###
1 Rates not addressed in cost docket TELRIC-base costs where re uired,
2 Market-based rates,
3 ICB, Individual Case Basis ricin.
4 Rates er FCC Guidelines
5 Rate A reed u on in 271 worksho s,
6 The provision 01 transiting services is not required pursuant to Secion 251 olthe Telecommunicaions Act Qwest has chosen to offer this service as part 01 its
interconnection a . reement but this service is not re uired to be riced accrdin to a TELRIC methodolo .
Qwest Idaho 7th Revision
October 2, 2007 Page 3013
.Exhibit B
Service Performance Indicators
EXHIBIT B
SERVICE PERFORMANCE INDICATORS
Qwest and (WSPJ agree that Qwest wil provide Type 2 Interconnection Trunks to (WSPJ
and other Wireless Service Providers, for use as Telecommunications Services, in a
non-discriminatory manner. Qwest wil work with (WSPJ on an Individual Case Basis
(ICB) when (WSPJ requires data from Qwest to develop operation reporting.
.
.WSP-T-2-Exhibit B May 24,2005 Pagel
.
.
.WSPT2 - Exhibit C
EXHIBIT C
Intentionally Left Blank
9-24-08 Page 1
.Date General Information Provided by Qwest:
General Agreement:
BAN Number(must be assigned before processing):
REVISED QWEST RIGHT OF WAY, POLE ATTACHMENT, INNERDUCT
OCCUPANCY GENERAL INFORMATION: EFFECTIVE 6/29/01
1 1. PURPOSE. The purpose of this General Information document is to share
information and provide or deny permission to attach and maintain WSP's facilties
("Facilties") to Qwest Corporation's ("Qwest") Poles, to place Facilities on or within
Qwests Innerduct (collectively "Poles/lnnerduct") and to obtain access to Qwests
private right of way ("ROW"), to the extent Qwesthas the right to grant such access.
This General Information is necessary to determine if Qwest can meet the needs of
the WSP's request but does not guarantee that physical space or access is currently
available. Permission wil be granted on a first-come, first-serve basis on the terms
and conditions set forth in the appropriate agreement pertaining to "Polesllnnerduct".
2 PROCESS. The Qwest process is designed to provide the WSP the information so
as to assist WSP and Qwest to make Poles, Innerduct and ROW decisions in a cost-
effcient manner. The Process has these distinct steps:
.
2.1 Inquiry Review - Attachment 1.A (Database Search). The WSP is
requested to review this document and return Attachment 1.A along with two
copies of a map and the nonrefundable Inquiry Fee, calculated in accordance
with Attachment 1.A hereto. These fees are intended to cover Qwests expenses
associated with performing an internal record (database) review, preparing a cost
estimate for the required field survey, setting up an account, and determining
time frames for completion of each task to meet the WSP's Request. Be sure a
BAN number is assigned by the Qwest Service Support Representative for each
request before sending an Attachment 1.A. To request a BAN number send an
email requesting one to: wholesale.servicesupportteam(ßgwest.com. Include your name,
company, phone number, email address, city and state of our inquiry. A BAN
number wil be assigned to your inquiry and will be emailed to you along with
other materials.
As indicated on Attachment 1.A, a copy of the signed Attachment and maps of
the desired route must be emailedtowholesale.servicesupportteam~qwest.com
while the fee must be sent to the Qwest WSP Joint Use Manager with the original
signed Attachment 1.A The map should clearly show street names and
highways along the entire route, and specific locations of entry and exit of the
ROW/ducUpole system. Area Maps should be legible and identify all significant
geographic characteristics including, but not limited to, the following: Qwest
central offces, streets, cities, states, lakes, rivers, mountains, etc. Qwest
reserves the right to reject illegible or incomplete maps. If WSP wishes to
terminate at a particular manhole (such as a POI) it must be indicated on the
maps. For ROW: Section, Range and Township, to the Y4 section must also be
provided.
Qwest wil complete the Inquiry review and prepare and return a Polesllnnerduct
Verification/ROW Access Agreement Preparation Costs Quotation (Attachment
1.B) to the WSP generally within ten (10) days or the applicable federal or state.WSP- T -2-Exhibit D 5-23-05
1
.
law, rule or regulation that governs this Agreement in the state in which Innerduct
attachment is requested. In the case of poles, Qwest wil assign a Field Engineer
and provide his/her name and phone number to the WSP. The Field Engineer wil
check the local database and be available for a joint verification with the WSP.
The Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs
Quotation wil be valid for thirty (30) calendar days from the date of quotation.
The Inquiry step results only in the location and mapping of Qwest facilities and
does not indicate whether space is available. This information is provided with
Attachment 1.8.
In the case of ROW, Qwest wil prepare and return a ROW information matrix
and a copy of agreements listed in the ROW Matrix, within ten (10) days. The
ROW Matrix wil identify (a) the owner of the ROW as reflected in Qwests
records, and (b) the nature of each ROW (i.e., publicly recorded and non-
recorded). The ROW information matrix wil also indicate whether or not Qwest
has a copy of the ROW agreement in its possession. Qwest makes no
representations or warranties regarding the accuracy of its records, and WSP
acknowledges that, to the extent that real property rights run with the land, the
original granting party may not be the current owner of the property.
In the case of MDUs, Qwest wil prepare and return an MDU information matrix,
within ten (10) days, which wil identify (a) the owner of the MDU as reflected in
Qwests records, and (b) whether or not Qwest has a copy of the agreement
between Qwest and the owner of a specific multi-dwellng unit that grants Qwest
access to the multi-dwellng unit in its possession. Qwest makes no
representations or warranties regarding the accuracy of its records, and WSP
acknowledges that the original landowner may not be the current owner of the
propert.
.
Qwest wil provide to WSP a copy of agreements listed in the Matrices that have
not been publicly recorded if WSP obtains authorization for such disclosure from
the third part owner(s) of the real propert at issue by an executed version of
the Consent to Disclosure form, which is included in Attachment 4. Qwest wil
redact all dollar figures from copies of agreements listed in the Matrices that have
not been publicly recorded that Qwest provides to WSP. Alternatively, in order to
secure any agreement that has not been publicly recorded, a WSP may provide
a legally binding and satisfactory agreement to indemnify Qwest in the event of
any legal action arising out of Qwests provision of such agreement to WSP. In
that event, the WSP shall not be required to execute the Consent to Disclosure
form.
If there is no other effective agreement (i.e., an Interconnection Agreement)
between WSP and Qwest concerning access to Poles, Ducts and ROW, then
Attachment 3 must be executed by both parties in order to start the Inquiry
Review and in order for WSP to obtain access to Poles, Ducts and/or ROW.
2.2 Attachment 1.8 (Verification) & Attachment 4 (Access Agreement
Preparation). With respect to Poles and Innerduct, upon review and acceptance
of signed Attachment 1.8 and payment of the estimated verification costs by the
WSP, Qwest wil conduct facilities verification and provide the requested
information which mayor may not include the following: a review of public and/or
WSP- T-2-Exhibit D 5-23~05
2 .
.internal Owest right-of-ways records for restrictions, identification of additional
rights-of-way required; a field survey and site investigation of the Innerduct,
including the preparation of distances and drawings, to determine availabilty on
existing lnnerduct; identification of any make-ready costs required to be paid by
the WSP, if applicable, prior to installng its facilities. In the case of Poles,
Attachment 1.B orders the field verification which may be done jointly. A copy of
the signed Attachment 1.B should be emailed to wsst~qwest.com while the
appropriate fees should be sent to the Owest-WSP Joint Use Manager with the
original signed Attachment 1.B. Upon completion of the verification, Attachment
2 wil be sent to the WSP by Owest.
.
With respect to ROW, upon review and acceptance of signed Attachment 1.B
and payment of the ROW conveyance consideration, Owest wil deliver to the
WSP an executed and acknowledged Access Agreement to the WSP in the form
attached hereto as Attachment 4 (the "Access Agreement". In the event that the
ROW in question was created by a publicly recorded document and Owest has a
copy of such document in its fies, a copy of the Right-of-Way Agreement, as
defined in the Access Agreement, wil be attached to the Access Agreement and
provided to the WSP at the time of delivery of the Access Agreement. If the
ROW was created by a document that is not publicly recorded, or if Owest does
not have a copy of the Right-of-Way Agreement in its possession, the Access
Agreement wil not have a copy of the Right-of-Way Agreement attached. If the
ROW was created by a non-publicly recorded document, but Owest does not
have a copy of the Right-of-Way Agreement in its possession, the WSP must
obtain a copy of the Right-of-Way Agreement or other suitable documentation
reasonably satisfactory to Owest to describe the real property involved and the
underlying rights giving rise to the Access Agreement.
Although Owest wil provide the identity of the original grantor of the ROW, as
reflected in Owests records, the WSP is responsible for determining the current
owner of the property and obtaining the proper signature and acknowledgement
to the Access Agreement. If Owest does not have a copy of the Right-of-Way
Agreement in its records, it is the responsibility of the WSP to obtain a copy of
the Right-of-Way Agreement. If the ROW was created by a publicly recorded
document, the WSP must record the Access Agreement (with the Right-of-Way
Agreement attached) in the real property records of the county in which the
property is located. If the ROW was created by a grant or agreement that is not
publicly recorded, WSP must provide Owest with a copy of the properly executed
and acknowledged Access Agreement and, if applicable, properly executed
Consent Regarding Disclosure form or letter of indemnification.
Owest is required to respond to each Attachment 1.B. submitted by WSP within
35 days of receiving the Attachment 1.B. In the event that Owest believes that
circumstances require a longer duration to undertake the activities reasonably
required to deny or approve a request, it may petition for relief before the
Commission or under the escalation and dispute resolution procedures generally
applicable under the interconnection agreement, if any, between Owest and
WSP.
2.3 Poles/Duct Order Attachment 2 (Access). In the case of Poles and
Innerduct, upon completion of the inquiry and verification work described in.WSP- T -2-Exhibit D 5-23-05
3
.Section 2.2 above, Qwest wil provide the WSP a Poles/lnnerduct Order
(Attachment 2) containing annual recurrng charges, estimated Make-ready
costs. Upon receipt of the executed Attachment 2 Order form from the WSP and
applicable payment for the Make-Ready Fees identified, Qwest wil assign the
WSP's requested space; Qwest wil also commence the Make-ready work
within 30 days following payment of the Make-Ready Fees. Qwest wil notify
WSP when Poles/lnnerduct are ready for attachment or placement of Facilities.
A copy of the signed Attachment 2 form should be emailed to
wholesale.servicesupportteam(fgwest.com while the payment should go to the Joint Use
Manager along with the original signed Attachment 2.
NOTE: Make-ready work performed by Qwest concerns labor only. For Poles it
involves rearrangement to accommodate the new attachment. For Innerduct, it
involves placing the standard three innerducts in the conduit to accommodate
fiber cable where spare conduit exists. Segments without conduit space are
considered "blocked". Qwest wil consider repair or clearing damaged facilties,
but may not construct new facilities as part of Make-ready work.
Construction work to place conduit or replace poles may be required where
facilities are blocked. The WSP may contract separately with a Qwest-approved
contractor to complete the construction provided a Qwest inspector inspects the
work during and after construction. If other parties benefi from construction, the
costs may be divided among the beneficiaries. Construction costs are not
included in Attachment 2. The WSP is not encouraged to sign the
Poles/lnnerduct Order (Attachment 2) until provisions have been made for
construction..
2.4 Provision of ROW/Poles/lnnerduct. Qwest agrees to issue to WSP for
any lawful telecommunications purpose, a nonexclusive, revocable Order
authorizing WSP to install, maintain, rearrange, transfer, and remove at its sole
expense its Facilties on Poles/lnnerduct to the extent owned or controlled by
Qwest. Qwest provides access to Poles/lnnerducUROW in accordance with the
applicable federal, state, or local law, rule, or regulation, incorporated herein by
this reference, and said body of law, which governs this Agreement in the state in
which Poles/lnnerduct is provided. Any and all rights granted to WSP shall be
subject to and subordinate to any future federal, state, and/or local requirements.
Nothing in this General Information shall be construed to require or compel
Qwest to construct, install, modify, or place any Poles/lnnerduct or other facility
for use by the WSP.
The costs included in the Polesllnnerduct Verification Fee are used to cover the
costs incurred by Qwest in determining if Poles/lnnerduct space is available to
meet the WSP's request; however, the WSP must agree and wil be responsible
for payment of the actual costs incurred if such costs exceed the estimate. If the
actual costs are less than the estimate, an appropriate credit can be provided
upon request. If Qwest denies access, Qwest shall do so in writing, specifying
the reasons for denial within 45 days of the initial inquiry.
Likewise, the fees included in the ROW processing costs quotation are used to
cover the costs incurred by Qwest in searching its databases and preparing the
Access Agreement. In the event that complications arise with respect to
WSP- T -2-Exhibit D 5-23-05
4 .
.preparing the Access Agreement or any other aspect of conveying access to
Qwests ROW, the WSP agrees to be responsible for payment of the actual costs
incurred if such costs exceed the standard fees; actual costs shall include,
without limitation, personnel time, including attorney time.
3.DISPUTE RESOLUTION
3.1. Other than those claims over which a federal or state regulatory agency
has exclusive jurisdiction, all claims, regardless of legal theory, whenever
brought and whether between the parties or between one of the parties to this
Agreement and the employees, agents or affiliated businesses of the other party,
shall be resolved by arbitration. A single arbitrator engaged in the practice of law
and knowledgeable about telecommunications law shall conduct the arbitration in
accordance with the then current rules of the American Arbitration Association
("AM") unless otherwise provided herein. The arbitrator shall be selected in
accordance with AM procedures from a list of qualified people maintained by
AM. The arbitration shall be conducted in the regional AM offce closest to
where the claim arose.
3.2. All expedited procedures prescribed by the AM shall apply. The
arbitrator's decision shall be final and binding and judgment may be entered in
any court having jurisdiction thereof.
.3.3. Other than the determination of those claims over which a regulatory
agency has exclusive jurisdiction, federal law (including the provisions of the
Federal Arbitration Act, 9 U.S.C. Sections 1-16) shall govern and control with
respect to any issue relating to the validity of this Agreement to arbitrate and the
arbitrability of the claims.
3.4. If any party fies a judicial or administrative action asserting claims subject
to arbitration, and another party successfully stays such action and/or compels
arbitration of such claims, the party filing the action shall pay the other part's
costs and expenses incurred in seeking such stay or compellng arbitration,
including reasonable attorney's fees.
.WSP- T-2-Exhibit D 5-23-05
5
.
ATIACHMENT 1. A
Poles/lnnerduct/ or ROW Inquiry Preparation Fee
General Agreement
BAN Number (one for each route must be assigned before
processing):
Date Submitted:Date Replied to WSP:
WSP
name:
Billng Address:
Phone Number:
address:
State and city of
inquiry:
Name Contact
e-mail
Polesllnnerduct Permit Database Search Costs Quotation
(One Mile Minimum) Costs Est. Miles Total
1. Pole Inquiry Fee (see attached pncing chart) X
$
2. Innerduct Inquiry Fee (see attached pncing chart) X
$
3. ROW Records Inquiry (see attached pncing chart) X
$
4. Estimated Interval for Completion of Items 1, 2 or 3: 10
5. Additional requirements of WSP: _
=
=
=
Days .
This Inquiry will result in (a) for Poles and Innerduct: a drawing of the duct or innerduct structure
fitting the requested route, if available, and a quote of the charges for field verification, and/or (b)
in the case of ROW, a ROW identifcation matrix, a quote of the charges for preparation of and
consideration for, the necessary Access Agreements, and copies of ROW documents in Qwests
Possession. (c) For Poles, the name and telephone number of the Field Engineer are provided so
that the WSP may contact the Qwest Field engineer and discuss attachment plans. If a field
verification of poles is required, Attchment 1.B must be completed and the appropriate charges
paid. Innerduct verification is always needed.
By signing below and providing payment of the Estimated Costs identified above, the WSP
desires Qwest to proceed with the processing of its database/records search and acknowledges
receipt of this General Information, including the General Terms and Conditions under which
Qwest offers such Polesllnnerduct. Quotes expire in 30 days.
Qwest Corporation
Sianature Siqnature
,
Name Typed or Pnnted Name Typed or Printed
Title Title
WSP- T -2-Exhibit D 5-23-05
6 .
.
I Date EI Date
This signed form (original) must be sent with a check for the Inquiry amount (to "Owest")
to:
Manager, Qwest Joint Use, 700 W. Mineral Ave. MT G28.24 Littleton, CO 80120
A copy of this form must be sent with two acceptably-detailed maps showing the
requested route to:
Qwest Service Representative at: wholesale.servicesupporteamØlgwest.com. Put "Agree"
on signature line.
.
.wsP- T -2-Exhibit D 5-23-05
7
.
ATTACHMENT 1.8
General Agreement
BAN Number:
Poles/lnnerduct Verification/ROW Access Agreement Preparation Costs Quotation
Date Nonrefundable Received:Date Replied to WSP:
**NOTE: THIS ATTACHMENT WILL BE COMPLETED BY QWEST AND SENT TO THE
WSP FOR SIGNATURE AFTER THE DATABASE INQUIRY IS COMPLETE.**
Estimated Costs Number Total Charge
1. Pole Field Verification Fee (10 pole minimum)$
2. Innerduct Field Verification Fee $
3. Preparation of private ROW documents
$
4. Access Agreement Prep. and Consideration$lOl Access Agreement_$
5. Estimated Interval to Complete Items 1 or2 or 3 and/or 4:
Working Days .
Comments:
By signing below and providing payment of the Total Estimated Costs identified above,
the WSP desires Qwest to proceed with the processing of its field survey/preparation of
Access Agreements, and acknowledges receipt of this General Information, including the
General Terms and Conditions under which Qwest offers such ROW/Poles/lnnerduct.
The WSP acknowledges the above costs are estimates only and WSP may be
financially responsible for final actual costs which exceed this estimate, or receive credit
if requested. Quotes expire in 30 days.
Qwest Corporation
Siçinature Signature
Name Typed or Printed Name Typed or Printed
Title Title
WSP- T-2-Exhibit D 5-23-05
8 .
.
I Date I:= Date
The original signed form must be sent with a check for the verification amount to:
Manager, Qwest WSP Joint Use, 700 W. Mineral Ave. MT G28.24, Littleton, CO
80120. An email copyofthisformmustbesentto:wsst(igwest.com. with "Agree" on the
signature line.
.
.WSP- T-2-Exhibit D 5-23-05
9
.
A IT ACHMENT 2
Poles/lnnerduct Order General Agreement _
BAN Number:
**NOTE: THIS FORM WILL BE COMPLETED BY QWEST AND SENT TO WSP FOR
SIGNATURE**
Make-ready Work required: Yes ( ) No ( Date
Received
If Yes is checked, estimated Make~ready costs: $
The following Attachments are hereby incorporated by reference into this Order:
1. Term - Effective Date -
2. Summary of Field Results (including Make-Ready work if required).
3. When placing fiber, WSP must:
a. provide Qwest representative, a final design of splice, racking and slack locations in Qwest utilityholes. '
b. tag all equipment located inIon Qwests facilities from beginning of the route to the end, and at
the entrance and exit of each utility hole with the following information: (1) WSP's Name and
Contact Number, (2) Contract Number and Date of Contract, (3) Number of Fibers in the
Innerduct and Color of Occupied Innerduct.
A IR Ch i h. P "tnnuaecurnnqarqes or t is ermi:
Total Annual
Annual Chame Quantitv Chame
1. Pole Attachment, Per Pole $I $
2, Innerduct Occuoancy, Per Foot $$
3.Reauest conf. call for Construction?YES NO
.
Please check YES if construction by Qwest is needed for access to Qwest manholes (e.g. core
drills, stubouts, not innerduct placement) For Poles, quantity is based on the number of vertical
feet used (One cable attachment = one foot). If you do not place an order at this time, these
Poles/lnnerduct wil be assigned on a first come-first served basis.
Additional Comments: THE ESTIMATED COSTS ARE FOR THE INSTALLATION OF
INNERDUCT OR REARRANGEMENT PER THE WORK SHEETS. THE ANNUAL RECURRING
CHARGE FOR YEAR 2001 HAS BEEN PRORATED TO ( IDAY * DAYS).
PLEASE PROVIDE PAYMENT FOR THE MAKE-READY COSTS AND THE PRORATED 2001
RECURRING FEE ALONG WITH THIS SIGNED ORDER
By signing below and providing payment of the Make-ready costs and the first year's prorated
Annual Recurring Charge (or, if WSP requests Semiannual billng, then the first half-year's
prorated Semiannual Recurring Charge), the WSP desires Qwest to proceed with the Make-ready
Work identified herein and acknowledges receipt of the General Terms and Conditions under
which Qwest offers such Poles/lnnerduct. By signing this document you are agreeing to the
access described herein. Quotes expire in 90 days.
Return this signed form and check to: Manager, Joint Use Supervisor, 700 W. Mineral
Ave. MT G28.24 Littleton, CO 80120. Send a copy to: wholesale.service
supporteam~qwest.com .
WSP- T-2-Exhibit D 5-23-05
10 .
.
Qwest Corporation
Siçinature Siçinature
Name Typed or Printed Name Typed or Printed
Title Title
Date Date
.
.WSP- T-2-Exhibit D 5-23-05
11
.ATTACHMENT 3
General Agreement:
QWEST RIGHT OF WAY ACCESS, POLE ATTACHMENT AND/OR INNERDUCT
OCCUPANCY
GENERAL TERMS AND CONDITIONS
This is an Agreement between ("WSP") and Owest
Corporation ("Owest"), for one or more Orders for the WSP to obtain access to Owests
Right-of-Way ("ROW") and/or to install/attach and maintain their communications
facilities ("Facilties") to Owests Poles and/or placement of Facilities on or within
Owests Innerduct (collectively "Poles/lnnerduct") described in the General Information
and WSP Map, which are incorporated herein by this reference (singularly "Ordet' or
collectively, "Orders"). If there is no other effective agreement (i.e., an Interconnection
Agreement) between WSP and Owest concerning access to Poles, Ducts and ROW,
then this AgreemenUAttachment 3 must be executed by both parties in order to start the
Inquiry Review and in order for WSP to obtain access to Poles, Ducts and/or ROW.
1. SCOPE.
1.1 Subject to the provisions of this Agreement, Owest agrees to issue to
WSP for any lawful telecommunications purpose, (a) one or more
nonexclusive, revocable Orders authorizing WSP to attach, maintain,
rearrange, transfer, and remove at its sole expense its Facilties on
Poles/lnnerduct owned or controlled by Owest, and/or (b) access to
Owests ROW to the extent that (i) such ROW exists, and (ii) Owest has
the right to grant access to the WSP. Any and all nghts granted to WSP
shall be subject to and subordinate to any future local, state and/or
federal requirements, and in the case of ROW, to the original document
granting the ROW to Owest or its predecessors.
.
1.2 Except as expressly provided herein, nothing in this Agreement shall be
construed to require or compel Owest to construct, install, modify, or
place any Poles/lnnerduct or other facility for use by WSP or to obtain any
ROW for WSP's use.
1.3 Owest agrees to provide access to ROW/Poles/lnnerduct in accordance
with the applicable local, state or federal law, rule, or regulation,
incorporated herein by this reference, which governs this Agreement in
the state in which Poles/lnnerduct is provided.
2. TERM. Any Order issued under this Agreement for Pole attachments or
Innerduct occupancy shall continue in effect for the term specified in the Order.
Any access to ROW shall be non-exclusive and perpetual, subject to the terms
and conditions of the Access Agreement (as hereinafter defined) and the original
instrument granting the ROW to Owest. This Agreement shall continue during
such time WSP is providing Poles/lnnerduct attachments under any Order to this
Agreement.
WSP- T -2-Exhibit D 5-23-05
12 .
.3.
.
TERMINATION WITHOUT CAUSE.
3.1 To the extent permitted by law, either party may terminate this Agreement
(which wil have the effect of terminating all Orders hereunder), or any
individual Order(s) hereunder, without cause, by providing notice of such
termination in writing and by certified Mail to the other party. The written
notice for termination without cause shall be dated as of the day it is
mailed and shall be effective no sooner than one hundred twenty (120)
calendar days from the date of such notice.
3.2. Termination of this Agreement or any Order hereunder does not release
either party from any liabilty under this Agreement that may have accrued
or that arises out of any claim that may have been accruing at the time of
termination, including indemnity, warranties, and confidential information.
3.3 If Qwest terminates this Agreement for Cause, or if WSP terminates this
Agreement without Cause, WSP shall pay termination charges equal to
the amount of fees and charges remaining on the terminated Order(s)
and shall remove its Facilities from the Poles/lnnerduct within sixty (60)
days, or cause Qwest to remove its Facilties from the Poles/lnnerduct at
WSP's expense; provided, however, that WSP shall be liable for and pay
all fees and charges provided for in this Agreement to Qwest until WSP's
Facilities are physically removed. Notwithstanding anything herein to the
contrary, upon the termination of this Agreement for any reason
whatsoever, all Orders hereunder shall simultaneously terminate.
3.4 If this Agreement or any Order is terminated for reasons other than
Cause, then WSP shall remove its Facilties from Poles/lnnerduct within
one hundred and eighty (180) days from the date of termination; provided,
however, that WSP shall be liable for and pay all fees and charges
provided for in this Agreement to Qwest until WSP's Facilties are
physically removed.
3.5 Qwest may abandon or sell any Poles/lnnerduct at any time by giving
written notice to the WSP. Upon abandonment of Poles/lnnerduct, and
with the concurrence of the other WSP(s), if necessary, WSP shall, within
sixty (60) days of such notice, either apply for usage with the new owner
or purchase the Polesllnnerduct from Qwest, or remove its Facilities
therefrom. Failure to remove its Facilties within sixty (60) days shall be
deemed an election to purchase the Poles/lnnerduct at the current market
value.
4. CHARGES AND BILLING.
.
4.1. WSP agrees to pay Qwest Poles/lnnerduct usage fees ("Fees") as
specified in the Order. Fees wil be computed in compliance with
applicable local, state and Federal law, regulations and guidelines. Such
Fees wil be assessed, in advance on an annual basis. Annual Fees wil
be assessed as of January 1 st of each year. Fees are not refundable
except as expressly provided herein. WSP shall pay all applicable Fees
and charges specified herein within thirty (30) days from receipt of
WSP- T~2-Exhibit D 5-23-05
13
.
invoice. Any outstanding invoice wil be subject to applicable finance
charges.
4.2. Qwest has the right to revise Fees, at its sole discretion, upon written
notice to WSP within at least sixty (60) days prior to the end of any annual
biling period.
5. INSURANCE. The WSP shall obtain and maintain at its own cost and expense
the following insurance during the life of the Contract:
5.1. Workers' Compensation and/or Longshoremen's and Harbor Workers
Compensation insurance with (1) statutory limits of coverage for all
employees as required by statute; and (2) although not required by
statute, coverage for any employee on the job site; and (3) Stop Gap
liability or employer's liabilty insurance with a limit of One Hundred
Thousand Dollars ($100,000.00) for each accident.
5.2 General liability insurance providing coverage for underground hazard
coverage (commonly referred to as "U" coverage), products/completed
operations, premises operations, independent contractor's protection
(required if contractor subcontracts the work), broad form property
damage and contractual liabilty with respect to liabilty assumed by the
WSP hereunder. This insurance shall also include: (1) explosion hazard
coverage (commonly referred to as "X" coverage) if the work involves
blasting and (2) collapse hazard coverage (commonly referred to as "C"
coverage) ,if the work may cause structural damage due to excavation,
burrowing, tunneling, caisson work, or under-pinning. The limits of liability
for this coverage shall be not less than One Milion Dollars
($1,000,000.00) per occurrence combined single limit for bodily injury or
property damage. These limits of liability can be obtained through any
combination of primary and excess or umbrella liabilty insurance.
.
5.3 Comprehensive automobile liability insurance covering the use and
maintenance of owned, non-owned and hired vehicles. The limits of
liability for this coverage shall be not less than One Millon Dollars
($1,000,000.00) per occurrence combined single limit for bodily injury or
property damage. These limits of liability can be obtained through any
combination of primary and excess or umbrella liability insurance.
5.4 Qwest may require the WSP from time-to-time during the life of the
Contract to obtain additional insurance with coverage or limits in addition
to those described above. However, the additional premium costs of any
such additional insurance required by Qwest shall be borne by Qwest,
and the WSP shall arrange to have such costs biled separately and
directly to Qwest by the insuring carrer(s). Qwest shall be authorized by
the WSP to confer directly with the agent(s) of the insuring carrier(s)
concerning the extent and limits of the WSP's insurance coverage in
order to assure the sufficiency thereof for purposes of the work
performable under the Contract and to assure that such coverage as a
hole with respect to the work performable are coordinated from the
standpoint of adequate coverage at the, least total premium costs.
WSP- T-2-Exhibit D 5-23-05
14 .
.
5.5 The insuring carrier(s) and the form of the insurance policies shall be
subject to approval by Owest. The WSP shall forward to Owest,
certificates of such insurance issued by the insuring carrier(s). The
insuring carrier(s) may use the ACORD form, which is the Insurance
Industries certificate of insurance form. The insurance certificates shall
provide that: (1) Owest is named as an additional insured; (2) thirty (30)
calendar days prior written notice of cancellation of, or material change or
exclusions in, the policy to which the certificates relate shall be given' to
Owest; (3) certification that underground hazard overage (commonly
referred to as "U" coverage) is part of the coverage; and (4) the words
"pertains to all operations and projects performed on behalf of the
certificate holder" are included in the description portion of the certificate.
The WSP shall not commence work hereunder unti the obligations of the
WSP with respect to insurance have been fulfilled. The fulfillment of such
obligations shall not relieve the WSP of any liability hereunder or in any
way modify the WSP's obligations to indemnify Owest.
5.6 Whenever any work is performed requiring the excavation of soil or use of
heavy machinery within fifty (50) feet of railroad tracks or upon railroad
right-of-way, a Railroad Protective Liabilty Insurance policy wil be
required. Such policy shall be issued in the name of the Railroad with
standard limits of Two Milion Dollars ($2,000,000.00) per occurrence
combined single limit for bodily injury, property damage or physical
damage to property with an aggregate limit of Six Milion Dollars
($6,000,000.00). In addition, said policy shall name Owest and theWSP/SubWSP on the declarations page with respect to its interest in
these specific job. Said insurance policy shall be in form and substance
satisfactory both to the Owest and the Railroad and shall be delivered to
and approved by both parties prior to the entry upon or use of the
Railroad Property.
.
5.7 Whenever any work must be performed in the Colorado State Highway
right-of-way, policies and certificates of insurance shall also name the
State of Colorado as an additional insured. Like coverage shall be
furnished by or on behalf of any subcontractor. Copies of said certificates
must be available on site during the performance of the work.
6. CONSTRUCTION AND MAINTENANCE OF FACILITIES.
6.1 Owest retains the right, in its sole judgment, to determine the availabilty
of space on Poles/lnnerduct. When modifications to a Owest spare
conduit include the placement of innerduct, Owest retains the right to
install the number of innerducts required to occupy the conduit structure
to its full capacity. In the event Owest determines that rearrangement of
the existing facilities on Poles/lnnerduct is required before WSP's
Facilities can be accommodated, the cost of such modification wil be
included in the WSP's nonrecurring charges for the associated
Poles/lnnerduct Order.
.WSP- T-2-Exhibit D 5-23-05
15
.6.2 WSP shall be solely responsible for obtaining the necessary underlying
legal authority to occupy Poles/lnnerduct on governmental, federal,
Native American, and private rights of way, as applicable, and Owest
does not warrant or represent that providing WSP with access to the
Polesllnnerduct in any way constitutes such legal right. The WSP shall
obtain any necessary permits, licenses, bonds, or other legal authority
and permission, at the WSP's sole expense, in order to perform its
obligations under this Agreement. The WSP shall contact all owners of
public and private rights-of-way, as necessary, to obtain written
permission required to perform the work prior to entering the property or
starting any work thereon and shall provide Owest with written
documentation of such legal authority prior to placement of its facilities on
or in the Polesllnnerduct. The WSP shall comply with all conditions of
rights-of-way and Orders.
6.3 WSP's Facilities shall be placed and maintained in accordance with the
requirements and specifications of the current applicable standards of
Bellcore Manual of Construction Standards, the National Electrical Code,
the National Electrical Safety Code, and the rules and regulations of the
Occupational Safety and Health Act, all of which are incorporated herein
by reference, and any governing authority having jurisdiction of the
subject matter of this Agreement. Where a difference in specifications
exists, the more stringent shall apply. Failure to maintain Facilties in
accordance with the above requirements shall be Cause as referenced in
Section 3 to this Agreement for termination of the Order in question.
Termination of more than two (2) Orders in any twelve-month period
pursuant to the foregoing sentence shall be Cause as referenced in
Section 3 for termination of this Agreement. Owests procedures
governing its standard maintenance practices shall be made available
upon request for public inspection at the appropriate Owest premises.
WSP's procedures governing its standards maintenance practices for
Facilties shall be made available to Owest upon written request. WSP
shall within thirty (30) days comply and provide the requested information
to Owest to bring their facilities into compliance with these terms and
conditions.
.
6.4. In the event of any service outage affecting both Owest and WSP, repairs
shall be effectuated on a priority basis as established by local, state or
federal requirements, or where such requirement do not exists, repairs
shall be made in the following order: electrical, telephone (local),
telephone (long distance), and cable television, or as mutually agreed to
by the users of the effected Polesllnnerduct.
6.5 In the event of an infrastructure outage, the WSP should contact their
Network Maintenance Center at 1-800-223-7881 or the WSP may contact
their Account Manager at the Interconnect Service Center.
7. MODIFICATION TO EXISTING POLESIINNERDUCT.
7.1. If WSP requests Owest to replace or modify existing Polesllnnerduct to
increase its strength or capacity for the benefit of the WSP and Owest
WSP- T -2-Exhibit D 5-23-05
16 .
.determines in its sole discretion to provide the requested capacity, the
WSP shall pay Qwest the total replacement cost, Qwests cost to transfer
its attachments, as necessary, and the cost for removal (including
destruction fees) of any replaced Poles/lnnerduct, if such is necessary.
Ownership of new Poles/lnnerduct shall vest in Qwest. To the extent that
a modification is incurred for the benefi of multiple parties, WSP shall pay
a proportionate share of the total cost as outlined above, based on the
ratio of the amount of new space occupied by the Faciliies to the total
amount of space occupied by all parties joining the modification.
Modifications that occur in order to bring Poles/lnnerduct into compliance
with applicable safety or other requirements shall be deemed to be for the
benefi of the multiple parties and WSP shall be responsible for its pro
rata share of the modification cost. Except as set forth herein, WSP shall
have no obligation to pay any of the cost of replacement or modification of
Poles/lnnerduct requested solely by third parties.
7.2 Written notification of modification initiated by or on behalf of Qwest shall
be provided to WSP at least sixty (60) days prior to beginning
modifications if such modifications are not the result of an emergency
situation. Such notification shall include a brief description of the nature
and scope of the modification. If WSP does not rearrange its facilitates
within sixty (60) days after receipt of written notice from Qwest requesting
such rearrangement, Qwest may perform or cause to have performed
such rearrangement and WSP shall pay for cost thereof. No such notice
shall be required in emergency situations or for routine maintenance of
Poles/lnnerduct..
8. INSPECTION OF FACILITIES. Qwest reserves the right to make final
construction, subsequent and periodic inspections of WSP's facilities occupying
the Poles/lnnerduct system. WSP shall reimburse Qwest for the cost of such
inspections except as specified in Section 8 hereof.
8.1. WSP shall provide written notice to Qwest, at least fifteen (15) days in
advance, of the locations where WSP's plant is to be constructed.
8.2. The WSP shall forward Exhibit A, entitled "Pullng In Report" attached
hereto and incorporated herein by this reference, to Qwest within five (5)
business days of the date(s) of the occupancy.
8.3. Qwest shall provide written notification to WSP within seven (7) days of
the date of completion of a final construction inspection.
8.4. Where final construction inspection by Qwest has been completed, WSP
shall be obligated to correct non-complying conditions within thirty (30)
days of receiving written notice from Qwest. In the event the corrections
are not completed within the thirty (30)-day period, occupancy
authorization for the Poles/lnnerduct system where non-complying
conditions remain uncorrected shall terminate immediately, regardless of
whether WSP has energized the facilities occupying said Poles/lnnerduct
system, unless Qwest has provided WSP a written extension to comply.
WSP shall remove its facilities from said Poles/lnnerduct in accordance.WSP- T-2-Exhibit D 5-23-05
17
.
with the provisions set forth in Section 10 of this Agreement. No further
occupancy authorization shall be issued to WSP until such non-complying
conditions are corrected or until WSP's facilities are removed from the
Pole/Conduit system where such non-complying conditions exist. If
agreed to in writing, by both parties, Owest shall perform such corrections
and WSP shall pay Owest the cost of performing such work. Subsequent
inspections to determine if appropriate corrective action has been taken
my be made by Owest.
8.5. Once the WSPs facilities occupy Owest Poles/lnnerduct system and
Exhibit A has been received by Owest, Owest may perform periodic
inspections. The cost of such inspections shall be borne by Owest,
unless the inspection reveals any violations, hazards, or conditions
indicating that WSP has failed to comply with the provisions set forth in
this Agreement, in which case the WSP shall reimburse Owest for full
costs of inspection, and re-inspection to determine compliance as
required. A WSP representative may accompany Owest on field
inspections scheduled specifically for the purpose of inspecting WSP's
Facilties; however, WSP's costs associated with its participation in such
inspections shall be borne by WSP. Owest shall have no obligation to
notify WSP, and WSP shall have no right to attend, any routine field
inspections.
8.6. The costs of inspections made during construction and/or the final
construction survey and subsequent inspection shall be biled to the WSP
within thirty (30) days upon completion of the inspection..
8.7. Final construction, subsequent and periodic inspections or the failure to
make such inspections, shall not impose any liabilty of any kind upon
Owest, and shall not relieve WSP of any responsibilties, obligations, or
liabilty arising under this Agreement.
9. UNAUTHORIZED FACILITIES
9.1 If any facilties are found attached to Poles/lnnerduct for which no Order
is in effect, Owest, without prejudice to any other rights or remedies under
this Agreement, shall assess an unauthorized attachment administrative
fee of Two Hundred Dollars ($200.00) per attachment per Pole or
innerduct run between manholes, and require the WSP to submit in
writing, within ten (10) day after receipt of written notification from Owest
of the unauthorized occupancy, a Poles/lnnerduct application. Owest
shall waive the unauthorized attachment fee if the following conditions are
both met: (1) WSP cures such unauthorized attachment (by removing it
or submitting a valid Order for attachment in the form of Attachment 2 of
Exhibit D, within thirty (30) days of written notification from Owest of the
unauthorized attachment; and (2) the unauthorized attachment did not
require Owest to take curative measures itself (e.g., pullng additional
innerduct) prior to the cure by WSP. Owest shall also waive the
unauthorized attachment fee if the unauthorized attachment arose due to
error by Owest rather than by WSP. If such application is not received by
Owest within the specified time period, the WSP wil be required to
WSP- T-2-Exhibit D 5-23-05
18 .
.
.
.
remove its unauthorized faciliy within ten (10) days of the final date for
submitting the required application, Qwest may remove the WSP's
facilities without liability, and the cost of such removal shall be borne by
the WSP.
9.2 For the purpose of determining the applicable charge, the unauthorized
Poles/lnnerduct occupancy shall be treated as having existed for a period
of five (5) years prior to its discovery, and the charges, as specified in
Section 4, shall be due and payable forthwith whether or not WSP is
ordered to continue the occupancy of the Poles/lnnerduct system.
9.3.No act or failure to act by Qwest with regard to an unauthorized
occupancy shall be deemed to constitute the authorization of the
occupancy; any authorization that may be granted subsequently shall not
operate retroactively or constitute a waiver by Qwest of any of its rights of
privileges under this Agreement or otherwise.
10.REMOVAL OF FACILITIES. Should Qwest, under the provisions of this
Agreement, remove WSP's Facilities from the Poles/lnnerduct covered by any
Order (or otherwise), Qwest wil deliver the Facilities removed upon payment by
WSP of the cost of removal, storage and delivery, and all other amounts due
Qwest. If payment is not received by Qwest within thirty (30) days, WSP wil be
deemed to have abandoned such facilties, and Qwest may dispose of said
facilities as it determines to be appropriate. If Qwest must dispose of said
facilties, such action wil not relieve WSP of any other financial responsibilty
associated with such removal as provided herein. If WSP removes its Facilities
from Poles/lnnerduct for reasons other than repair or maintenance purposes, the
WSP shall have no right to replace such facilities on the Poles/lnnerduct until
such time as all outstanding charges due to Qwest for previous occupancy have
been paid in full. WSP shall submit Exhibit S, entitled "Notification of Surrender
of Modification of Conduit Occupancy License by WSP," or Exhibit C, entitled
"Notification of Surrender of Modification of Pole Attachment by WSP," each as
attached hereto, advising Qwest as to the date on which the removal of Facilities
from each Poles/lnnerduct has been completed.
11. INDEMNIFICATION AND LIMITATION OF LIABILITIES. WSP shall indemnify
and hold harmless Qwest, its owners, parents, subsidiaries, affliates, agents,
directors, and employees against any and all liabilities, claims, judgments,
losses, orders, awards, damages, costs, fines, penalties, costs of defense, and
attorneys' fees ("Liabilities") to the extent they arise from or in connection with:
(1) infringement, or alleged infringement, of any patent rights or claims caused,
or alleged to have been caused, by the use of any apparatus, appliances,
equipment, or parts thereof, furnished, installed or utilized by the WSP; (2) actual
or alleged fault or negligence of the WSP, its offcers, employees, agents,
subcontractors and/or representatives; (3) furnishing, performance, or use of any
material supplied by WSP under this Contract or any product liability claims
relating to any material supplied by WSP under this Contract; (4) failure of WSP,
its offcers, employees, agents, subcontractors and/or representatives to comply
with any term of this Contract or any applicable local, state, or federal law or
regulation, including but not limited to the OSH Act and environmental protection
laws; (5) assertions under workers' compensation or similar employee benefit
WSP- T -2-Exhibit D 5-23-05
19
acts by WSP or its employees, agents, subcontractors, or subcontractors'
employees or agents; (6) the acts or omissions (other than the gross negligence
or wilful misconduct) of Qwest, its offcers, employees, agents, and
representatives, except as otherwise provided in paragraphs 11.3 and 11.4
below; and/or, (7) any economic damages that may rise, including damages for
delay or other related economic damages that the Qwest or third parties may
suffer or allegedly suffer as a result of the performance or failure to perform work
by the WSP. If both Qwest and the WSP are sued as a result of or in connection
with the performance of work arising out of this Contract, the parties hereby
agree that the defense of the case (including the costs of the defense and
attorneys' fees) shall be the responsibility of the WSP, if Qwest desires. Qwest
shall give the WSP reasonable written notice of all such claims and any suits
alleging such claims and shall furnish upon the WSP's request and at the WSP's
expense all information and assistance available to the Qwest for such defense.
The parties shall employ Article 13, Dispute Resolution, to resolve any dispute
concerning the proportional fault and liabilty after the underlying case is
terminated.
.
11.1 IF WORK IS PERFORMED IN THE STATE OF WASHINGTON
UNDt=R THIS GENERAL CONTRACT, THE WSP ACKNOWLEDGES
AND AGREES THAT THIS INDEMNIFICATION OBLIGATION SHALL
INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST
QWEST BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE
WSP, AND THE WSP EXPRESSLY WAIVES ALL IMMUNITY AND
LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE
ACT, OTHER WORKERS' COMPENSATION ACT, DISABILITY
BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY
JURISDICTION WHICH WOULD OTHERWISE BE APPLICABLE IN
THE CASE OF SUCH A CLAIM.
.
11.2 Except as expressly provided herein, NEITHER PARTY SHALL BE
LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF
BUSINESS OR LOSS OF PROFIT; provided, however, there shall be
no limitation on a party's liabilty to the other for any fines or penalties
imposed on the other party by any court of competent jurisdiction or
federal, state or local administrative agency resulting from the failure
of the party to comply with any term or condition of this Contract or
any valid and applicable law, rule or regulation.
11.3 FOR ANY WORK PERFORMED IN ARIZONA, IDAHO, SOUTH
DAKOTA, UTAH OR WASHINGTON, SECTION 11(6) SHALL NOT
EXTEND TO THE SOLE NEGLIGENCE OF QWEST BUT SHALL
EXTEND TO THE NEGLIGENCE OF QWEST WHEN
CONCURRENT WITH THAT OF THE WSP.
11.4 FOR ANY WORK PERFORMED IN THE STATES OF MINNESOTA,
NEBRASKA, NEW MEXICO, OR OREGON, ARTICLE 11 SHALL
NOT APPLY, EXCEPT THAT SECTION 11 SHALL APPLY FOR
WORK PERFORMED IN MINNESOTA FOR MAINTENANCE OR
WSP- T-2-Exhibit 0 5-23-05
20 .
.
REPAIR OF MACHINERY, EQUIPMENT, OR OTHER SUCH
DEVICES, USED AS PART OF A MANUFACTURING, COVERING,
OR OTHER PRODUCTION PROCESS INDULGING ELECTRIC,
GAS, STEAM, AND TELEPHONE UTILITY EQUIPMENT USED FOR
PRODUCTION, TRANSMISSION, OR DISTRIBUTION PURPOSES.
FORCE MAJEURE12.
12.1 The WSP shall be excused from its performance as to any Order if
prevented by acts or events beyond the WSP's reasonable control
including extreme weather conditions, strikes, fires, embargoes, actions
of civil or miltary law enforcement authorities, acts of God, or acts of
legislative, judicial, executive, or administrative authorities.
12.2 If such contingency occurs, Qwest may elect:
12.2.1 To terminate this Agreement as to the Order in question; or
12.2.2 To terminate already-assigned specific work assignment(s) the
WSP is unable to perform, or any part thereof, and to assign new
specific work assignments to other parties for the duration of the
cause of the delay; or
.12.2.3 To suspend already-assigned specific work assignment(s) the
WSP is unable to perform, or any part thereof, for the duration of
the cause of the delay; and to assign new specific work
assignments to other parties for the duration of the cause of the
delay.
12.3 Qwest shall be deemed to have elected Section 12.2.3 above unless
written notice of termination is given by Qwest after the contingency
occurs. With respect to Qwests election of Section 12.2.3 above:
12.3.1 Qwest shall give the WSP written notice of the work to be
performed by such other party prior to its performance and
shall deduct from the WSP's price the cost of the work or
services actually performed by such other parties.
12.3.2 The WSP shall resume performance, and complete any
work not performed or to be performed by another party,
once the delaying cause ceases.
12.3.3 If appropriate, at the Qwests discretion, the time for
completion of specific work assignment(s) shall be
extended up to the length of time the contingency endured.
12.4 Qwest shall be excused from its performance if prevented by acts or
events beyond the Qwests reasonable control including extreme weather
conditions', strikes, fires, embargoes, actions of civil or miltary law
enforcement authorities, acts of God, or acts of legislative, judicial,
executive, or administrative authorities..WSP- T -2-Exhibit D 5-23-05
21
.
13. DISPUTE RESOLUTION.
13.1. Other than those claims over which a regulatory agency has exclusive
jurisdiction, all claims, regardless of legal theory, whenever brought and
whether between the parties or between one of the parties to this
Agreement and the employees, agents or affliated businesses of the
other party, shall be resolved by arbitration. A single arbitrator engaged
in the practice of law and knowledgeable about telecommunications law
shall conduct the arbitration in accordance with the then current rules of
the American Arbitration Association ("AA") unless otherwise provided
herein. The arbitrator shall be selected in accordance with AA
procedures from a list of qualified people maintained by AA. The
arbitration shall be conducted in the regional AA offce closest to where
the claim arose.
13.2. All expedited procedures prescribed by the AA shall apply. The
arbitrator's decision shall be final and binding and judgment may be
entered in any court having jurisdiction thereof.
13.3. Other than the determination of those claims over which a regulatory
agency has exclusive jurisdiction, federal law (including the provisions of
the Federal Arbitration Act, 9 U.S.C. Sections 1-16) shall govern and
control with respect to any issue relating to the validity of this Agreement
to arbitrate and the arbitrabilty of the claims..13.4. If any party fies a judicial or administrative action asserting claims subject
to arbitration, and another party successfully stays such action and/or
compels arbitration of such claims, the party filing the action shall pay the
other party's costs and expenses incurred in seeking such stay or
compellng arbitration, including reasonable attorney's fees.
14. LAWFULNESS. This Agreement and the parties' actions under this Agreement
shall comply with all applicable federal, state, and local laws, rules, regulations,
court orders, and governmental agency orders. Any change in rates, charges or
regulations mandated by the legally constituted authorities wil act as a
modification of any contract to that extent without further notice. This Agreement
shall be governed by the laws of the state where Poles/lnnerduct is provided.
Nothing contained herein shall substitute for or be deemed a waiver of the
parties' respective rights and obligations under applicable federal, state and local
laws, regulations and guidelines, including (without limitation) Section 224 of the
Communications Act of 1934, as amended (47 U.S.C. 224). The WSP
represents that it is a certified Competitive Local Exchange Carrier or otherwise
has the legal right, pursuant to 47 U.S.C. 224 to attach to Qwests pole pursuant
to the terms thereof. The WSP acknowledges that Qwest wil rely on the
foregoing representation, and that if such representation is not accurate, this
Agreement shall be deemed void ab initio, except for Article 9 hereof, for which
WSP shall remain fully liable.
15. SEVERABILITY. In the event that a court, governmental agency, or regulatory
agency with proper jurisdiction determines that this Agreement or a provision of
WSP- T-2-Exhibit D 5-23-05
22 .
.this Agreement is unlawful, this Agreement, or that provision of the Agreement to
the extent it is unlawful, shall terminate. If a provision of this Agreement is
terminated but the parties can legally, commercially and practicably continue
without the terminated provision, the remainder of this Agreement shall continue
in effect.
16.GENERAL PROVISIONS.
16.1 Failure or delay by either party to exercise any right, power, or privilege
hereunder, shall not operate as a waiver hereto.
16.2 This Agreement shall not be assignable by WSP without the express
written consent of Owest, which shall not be unreasonably withheld.
Assignment of this Agreement by WSP to WSP's subsidiary or affliate
shall be presumed to be reasonable; provided, however, that WSP must
obtain Owests consent in any event.
16.3 This Agreement benefits WSP and Owest. There are no third party
beneficiaries.
16.4 This Agreement constitutes the entire understanding between WSP and
Owest with respect to Service provided herein and supersedes any prior
agreements or understandings..
.WSP- T-2-Exhibit D 5-23-05
23
The parties hereby execute and authorize this Agreement as of the latest date shown
below:
WSP Qwest Corporation
Signature Signature
Pat Finley
Name Typed or PrintedName Typed or Printed
PRODUCT MANAGER
TitleTitle
Date Date
Address for Notices Address for Notices
Qwest Corporation
1801 California, Rm. 2160
Denver, CO 80202
Contact:Contact: PAT FINLEY
Phone:Phone:[phone]
FAX:FAX:[phone]
WSP- T -2-Exhibit D 5-23-05
24
.
.
.
.EXHIBIT A
PULLING IN REPORT
This report is to be completed by the WSP when fiber cable is placed into innerduct.20_
Send to:
Sandie Thomas, Owest Corp
700 W MineraL. Rm IAF12
Littleton, CO 80120 (303-707-7904)
This is to advise you that pursuant to General Agreement No.
granted to us under the terms of the Innerduct Agreement dated
we have completed installation of the following cable into the following ducts.
,20_
Municipality
Location
From
Manhole at
Installed
To
Manhole at
Cable and
Equipment
.
Name ofWSP
By:
Title:
Receipt of the above report is hereby acknowledged ,20_.
Owest Corporation
By:
Title:
1. Reports shall be submitted in duplicate.
2. A complete description of all facilties shall be given, including a print showing the
locations, quantities, sizes and types of all cables and equipment.
.WSP- T-2-Exhibit D 5-23-05
25
.
3. Sketch to be furnished showing duct used. Must be same duct assigned to
Licensee by Licensor as shown on Exhibit _, unless a change has been
previously authorized in writing by Licensor.
.
WSP- T-2-Exhibit D 5-23-05
26 .
.
EXHIBIT B
WSP:
NOTIFICATION OF SURRENDER OR MODIFICATION
OF CONDUIT OCCUPANCY ORDER BY WSP
Return to:
Sandie Thomas. Qwest Corp
700 W Mineral, Rm IAF12
Littleton, CO 80120
In accordance with the terms and conditions of this Agreement between us, dated _
, .2, notice is hereby given that the licenses covering occupancy of the
following conduit are surrendered (and/or modified as indicated in Licensee's priornotification to Licensor, dated ,20_) effective
.
CONDUIT LOCATION L1C. NO. &SURRENDER OR DATE
DATE MODIFICATION FAC. RMVD. OR
MODIFIED
Name of Licensor Name of Co- Provider
By
Date Notification Received
Title
Date Modification Accepted
By
Discontinued:Total duct footage.WSP- T-2-Exhibit D 5-23-05
27
.EXHIBITC
NOTIFICATION OF SURRENDER OR MODIFICATION
OF POLE ATTACHMENT ORDER BY WSP
WSP:
Return to:
Sandie Thomas, Owest Corp
700 W Mineral, Rm IAF12
Littleton, CO 80120
In accordance with the terms and conditions of the Agreement between Owest
and WSP, dated_,20 _, notice is hereby given that the licenses covering
attachments to the following poles and/or anchors, and/or utilization of anchor/guy strand
is surrendered (or modified as indicated in WSP's prior notification to Owest, dated
, 20_) effective
POLE NO.ASSOC. POLE L1C. NO. &SURRENDER OR DATE FAC.
NO.DATE MODIFICATION RMVDOR
MODIFIED
1.A
AlGS-
2.A
AlGS-
3.A
AlGS-
4.A
AlGS-
5.A
AlGS -
6.A
AlGS-
7.A
AlGS-
8.A
AlGS-
9.A
AlGS-
.
Date Notification Received
Date Modification Received
By:Name ofWSP
Discontinued:
Poles
Anchors
By:
Anchor/Guy Strands Its:
WSP- T -2-Exhibit D 5-23-05
28 .
.
ATTACHMENT 4
FORM OF ACCESS AGREEMENT
After recording, please teturn to:
Sandie Thomas
700 W Mineral, Rm IAF12
Littleton, CO 80120
ACCESS AGREEMENT
THIS ACCESS AGREEMENT (this "Agreement") is made as of the _ day of
_, 20_, by and between QWEST CORPORATION, a Colorado corporation,
successor in interest to U S WEST COMMUNICATIONS, INC., a Colorado corporation("Grantor"), whose address is and
a
("Grantee").whose address is
RECITALS.A. This Agreement relates to certain real property (the "Property") located inthe County of (the "County"), State of (the "State").
B. A copy of an agreement purporting to grant to Grantor certain rights to
use the Property, as described therein (the "Easement Rights"), is attached as Exhibit A
(the "Right of Way Agreement").
C. Pursuant to 42 U.S.C. §§ 224 and 251 (b)(5), Grantor, as a LocalExchange Carrier, is required to provide access to rights-of-way to a requesting
telecommunications carrier, as defined in 42 U.S.C. § 224. Grantee is a
telecommunications carrier that has requested access to Grantor's Easement Rights. To
comply with the aforementioned legal requirement, Grantor has agreed to share with
Grantee its Easement Rights, if any, relating to the Property, to the extent Grantor may
legally convey such an interest.
D. Subject to the terms and conditions set forth in this Agreement, Grantor
has agreed to convey to Grantee, without any representation or warranty, the right to
use the Easement Rights, and Grantee has agreed to accept such conveyance.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and suffciency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Grant of Right of Access. Grantor hereby conveys to Grantee and its
Authorized Users (as defined below) a non-exclusive, perpetual right to access and use
the Easement Rights, which right shall be expressly (a) subject to, subordinate to, and.WSP- T-2-Exhibit D 5-23-05
29
.
limited by the Right of Way Agreement, and (b) subject to the terms and conditions
hereof. As used in this Agreement, "Authorized Users" of Owner, Grantor and Grantee
shall mean Owner, Grantor or Grantee, as applicable, their respective Affilates and
agents, licensees, employees, and invitees, including, without limitation, contractors,
subcontractors, consultants, suppliers, public emergency vehicles, shipping or delivery
vehicles, or construction vehicles. "Affliates" means, with respect to any Person, any
Person that controls, is controlled by or is under common control with such Person,
together with its and their respective members, partners, venturers, directors, offcers,
stockholders, agents, employees and spouses. A Person shall be presumed to have
control when it possesses the power, directly or indirectly, to direct, or cause the
direction of, the management or policies of another Person, whether through ownership
of voting securities, by contract, or otherwise. "Person" means an individual,
partnership, limited liabilty company, association, corporation or other entity.
2. Grantor's Reserved Rights. Grantor reserves to itself and its Authorized
Users the right to use the Easement Rights for any purpose not incompatible with the
rights conveyed to Grantee by this Agreement.
3. Conditions Precedent to Effectiveness of Agreement. This Agreement is
expressly conditioned on the following:
a. Recordation of Agreement. If the Right-of-Way Agreement has been
publicly recorded, Grantee shall be responsible for assuring that the Agreement
is in appropriate form for recording in the real property records of the County,
shall pay for the recording thereof, and shall provide a copy of the recorded
Agreement to Grantor at the address set forth above. A legible copy of the Right
of Way Agreement must be attached to the Agreement when recorded or the
Agreement shall not be effective.
.
b. Payment of Costs and Expenses. Grantee shall pay to or reimburse
Grantor for all costs and expenses, including reasonable attorneys' fees, relating
to Grantor's execution and delivery of this Agreement.
4. Grantee's Representations and Warranties. Grantee represents and
warrants to Grantor that:
a. Authority. Grantee is a , duly formed and validly existing
under the laws of the State of . All necessary action has been
taken by Grantee to execute and deliver this Agreement and to perform the
obligations set forth hereunder. Grantee is a "telecommunications carrier" as that
term is defined in 42 U.S.C. § 224.
b. Due Dilgence. Grantee acknowledges and agrees that neither
Grantor nor any agent, employee, attorney, or representative of Grantor has
made any statements, agreements, promises, assurances, representations, or
warranties, whether in this Agreement or otherwise and whether express or
implied, regarding the Right of Way Agreement or the Easement Rights or the
assignability or further granting thereof, or title to or the environmental or other
condition of the Property. Grantee further acknowledges and agrees that
Grantee has examined and investigated to its full satisfaction the physical nature
and condition of the Property and the Easement Rights and that it is acquiring the
WSP- T -2-Exhibit D 5-23-05
30 .
.Easement Rights in an "AS IS, WHERE IS" condition. Grantee expressly waives
all claims for damages by reason of any statement, representation, warranty,
assurance, promise or agreement made, if any.
5. Grantee's Covenants.
a. Compliance with Right of Way Agreement. Grantee agrees that the
rights granted by Grantor hereunder are expressly subject to, subordinate to, and
limited by the Right of Way Agreement, and Grantee further agrees to comply in
all respects with the terms and conditions of the Right of Way Agreement as they
apply to the holder or user of the Easement Rights. In the event Grantee fails to
observe or perform any of its obligations under the Right of Way Agreement,
Grantor shall have the right, but not the obligation, to perform or observe such
obligation to the extent that such obligation can be observed or performed by
Grantor.
b. Compliance with Laws. Grantee agrees to use the Property and the
Easement Rights in compliance with all applicable laws.
c. No Further Grant. Grantee shall not grant to any Person other than
Grantee's Authorized Users the right to use the Easement Rights without the
prior written consent of Grantor, which consent may be granted or withheld in
Grantor's sole discretion..d. Non-Interference. Grantee agrees that it wil not interfere with Grantor's or
Grantor's Authorized Users' use of the Easement Rights and wil not take any action or
fail to take any action that would negatively affect the Easement Rights or cause or
contribute to the termination of the Right of Way Agreement.
.WSP- T-2-Exhibit 0 5-23-05
31
6. Indemnification. Grantee hereby agrees to indemnify, defend and hold
Owner, Grantor and their respective Affliates harmless from and against any and all
claims, judgments, damages, liabilties, penalties, fines, suits, causes of action, costs of
settlement, and expenses (including, without limitation, reasonable attorneys' fees)
which may be imposed upon or incurred by Grantor or its Authorized Users, or any of
them, arising from, relating to or caused by Grantee's breach of this Agreement or the
use, or the use by any of Grantee's Authorized Users, of the Easement Rights. In
addition to the indemnity obligations described above, in the event that any act or
omission of Grantee or Grantee's Authorized Users causes, directly or indirectly, and
without reference to any act or omission of Owner, Grantor or their respective Authorized
users, the termination or revocation of the Easement Rights, Grantee shall be liable to
Grantor for all costs incurred in connection with (a) acquiring replacement Easement
Rights over the Property or over other suitable Propert, as determined in Grantor's sole
judgment (the "Replacement Easement"), (b) the fully-loaded cost of constructing
replacement facilities over the Replacement Easement, (c) the cost of removing its
facilities and personal property from the Property, if required by the Right of Way
Agreement, and (d) any other costs of complying with the Right of Way Agreement,
including, without limitation, reasonable attorneys' fees. Grantee shall pay all such
amounts within ten (10) days of receipt of any invoice for such costs delivered to
Grantee by Owner, Grantor or their respective Authorized Users.
.
7. Condemnation. If any action is taken whereby the Right of Way Agreement
or any part of the Easement Rights are terminated, relocated or otherwise affected, by
any taking or partial taking by a governmental authority or otherwise, then such any
compensation due or to be paid to the holder of the Easement Rights due to such
occurrence shall belong solely to Grantor..
8. Severable Provisions. If any term of this Agreement shall, to any extent, be
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby,
and each term of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
9. Default; Remedies. (a) If Grantee fies a petition in bankruptcy, or a petition
is bankruptcy is filed against Grantee, which is not dismissed on or before fifteen (15)
days after such filing, or (b) in the event of Grantee's breach or threatened breach of any
term, covenant or condition of this Agreement, then Grantor shall have, in addition to all
other legal and equitable remedies, the right to (x) terminate this Agreement, (y) enforce
the provisions hereof by the equitable remedy of specific performance, or (z) enjoin such
breach or threatened breach by injunctive action, all without the necessity of proof of
actual damages or inadequacy of any legal remedy. Grantee agrees to pay all costs of
enforcement of the obligations of Grantee hereunder, including reasonable attorneys'
fees and all costs of suit, in case it becomes necessary for Grantor to enforce the
obligations of Grantee hereunder, whether suit be brought or not, and whether through
courts of original jurisdiction, as well as in courts of appellate jurisdiction, or through a
bankruptcy court or other legal proceedings.
10. Binding Effect. This Agreement shall be binding on and inure to the benefi of
the parties hereto and their respective successors and assigns. This Agreement may be
assigned at any time in whole or in part by Grantor.
WSP- T -2-Exhibit D 5-23-05
32 .
.11. No Dedication. Nothing contained in this Agreement shall constitute a gift or
dedication of any portion of the Easement Rights to the general public or for any public
purpose whatsoever. There are no intended third-party beneficiaries to this Agreement.
.
12. Grantor's Waiver of Confidentiality. If the Right of Way Agreement is not
publicly recorded, Grantor hereby grants a limited waiver of any right to keep the terms
and conditions of the Right of Way Agreement confidential, except for any dollar
amounts in the Right of Way Agreement, which rights Grantor expressly reserves, and
subject to Grantee's and Owner's compliance with the terms and conditions in this
paragraph. In all instances, Grantee wil use the Right of Way Agreement only for the
following purposes: (a) to determine whether Grantor has ownership or control over
duct, conduits, or rights-of-way within the property described in the Right of Way
Agreement; (b) to determine the ownership of wire within the property described in the
Right of Way agreement; or (c) to determine the demarcation point between Grantor
facilities and the Owner's facilities in the property described in the agreement. Grantee
further agrees that Grantee shall not disclose the contents, terms, or conditions of any
agreement provided pursuant to Section 10.8 to any Grantee agents or employees
engaged in sales, marketing, or product management efforts on behalf of Grantee.
Grantor's waiver of rights, subject to the limitations set forth above, is intended to be
effective whether or not such right to confidentiality is expressly set forth in the Right of
Way Agreement or elsewhere or may have been agreed to orally, and so long as
Grantee and Owner comply with the conditions set forth above, Grantor further
covenants not to assert any claim or commence any action, lawsuit, or other legal
proceeding against Owner or Grantee, based upon or arising out of Grantor's alleged
right to confidentiality relating to the Right of Way Agreement, except in the event of
disclosure of dollar amounts in the Right of Way Agreement. Grantor's waiver is
expressly conditioned on Owner's waiver of Owner's confidentiality rights, as set forth in
the Consent to Disclosure form, which is a part hereof, or Grantee's provision to Grantor
of a legally binding and satisfactory agreement to indemnify Grantee in the event of any
legal action arising out of Owner's provision of a non-recorded agreement to Grantee .
In the event that , the person executing the Consent to Disclosure form does not have
the legal right to bind the Owner, Grantor reserves the right to maintain an action for
damages, including, without limitation, consequential damages, arising from such
improper execution against any Person improperly executing the Consent to Disclosure
form. In any event, Grantor reserves its right to (a) to enforce the confidentiality
provisions of the Right of Way Agreement as to any dollar amounts set forth in such
Right of Way Agreements, and/or (b) to maintain an action for damages, including,
without limitation, consequential damages, arising from the disclosure of the dollar
amounts in any Right of Way Agreement, against any party, including, without limitation,
against Grantee or against any Person improperly executing the Consent to Disclosure
form.
13. Notices. All notices to be given pursuant to this Agreement shall be deemed
delivered (a) when personally delivered, or (b) three (3) business days after being mailed
postage prepaid, by United States certified mail, return receipt requested, or (c) one
business day after being timely delivered to an overnight express courier service such as
Federal Express which provides for the equivalent of a return receipt to the sender, to
the above described addresses of the parties hereto, or to such other address as a party
may request in a writing complying with the provisions of this Section.
.WSP- T-2-Exhibit D 5-23-05
33
14. Modification; Counterparts. This Agreement may not be amended, modified
or changed, nor shall any waiver of any provision hereof be effective, except by an
instrument in writing and signed by the party against whom enforcement of any
amendment, modification, change or waiver is sought. This Agreement may be
executed in any number of counterparts, all of which shall constitute but one and the
same document.
.
15. Controllng Law. This Agreement shall be governed by and construed in
accordance with the laws of the State.
16. Waiver of Jury Trial. THE PARTIES HEREBY IRREVOCABLY WAIVE, TO
THE FULLEST EXTENT OF APPLICABLE LAW, ALL RIGHT TO TRIAL BY JURY IN
ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR
RELATING TO THIS AGREEMENT.
(Signature pages followl
.
WSP- T ~2-Exhibit D 5-23-05
34 .
.EXECUTED as of the date first written above.
GRANTOR:
Witnessed by:QWEST CORPORATION, a Colorado
corporation, successor in interest to
US WEST COMMUNICATIONS, INC.,
a Colorado corporation
By:
Name:
Title:
COUNTY OF
)
) ss:
)
STATE OF
The foregoing instrument was acknowledged before me this _ day of.20_, by as
of QWEST CORPORATION, a
Colorado corporation.
Witness my hand and offcial seaL..(SEAL)
Notary Public
My Commission Expires:
.WSP- T-2-Exhibit D 5-23-05
35
EXECUTED as of the date first written above..
GRANTEE:
Witnessed by:, a
By:
COUNTY OF
Name:
Title:
)
) ss:
)
STATE OF
The foregoing instrument was acknowledged before me this _ day of:20_, by as
of
, a
Witness my hand and offcial seaL.
(SEAL).
Notary Public
My Commission Expires:
WSP- T-2-Exhibit 0 5-23-05
36 .
.
CONSENT TO DISCLOSURE
THE UNDERSIGNED,
("Ownet'), whose address is
, a
, hereby
consents to the terms of the following paragraphs regarding the agreement described orentitled as between Qwest Corporation,
formerly U S WEST Communications, Inc. ("Qwest") and Owner for the property located
at ("Property") that provides Qwest with access to
Owner's Property (the "Agreement").
FOR TEN DOLLARS ($10) and other good and valuable consideration, the
receipt and suffciency of which are hereby acknowledged, Owner agrees as follows:
1. Title to Property. Owner represents and warrants either (a) that Owner is the owner of
fee title to the Property described in the Agreement or, if no description of the Property is
given in the Agreement, then (b) that Owner is the grantor, or the successor to or
assignee of the grantor, of the easement rights, if any, under the Agreement. Owner
further represents and warrants that Owner has the legal right to execute this Consent to
Disclosure, including, without limitation, the right to waive the confidentiality of the
Agreement as set forth in paragraph 3 of this Consent to Disclosure..2. Owner's Acknowledgments. Owner expressly acknowledges that (a) this is a legal
document that may affect Owner's rights and Owner was given the opportunity to have
the Agreement and this Consent to Disclosure reviewed by Owner's attorney; and (b)
Owner, by signing this Consent to Disclosure, waives any rights it may have to keep the
terms and provisions of the Agreement confidentiaL.
3. Owner's Waiver of Confidentiality. Owner hereby waives any right it may have to
keep the terms and conditions of the Agreement confidential, whether or not such right
to confidentialiy is expressly set forth in the Agreement or elsewhere or may have been
agreed to orally, subject to the compliance of the competitive local exchange carrier
("WSP") with the requirements of paragraph 5. Owner further covenants not to assert
any claim or commence any action, lawsuit, or other legal proceeding against Qwest or
WSP presenting this Consent to Disclosure, based upon or arising out of Owner's
alleged right to confidentiality relating to the Agreement. Owner's consent to disclosure
applies only to the Agreement that is described in this Consent to Disclosure form and
only to the undersigned WSP.
4. Qwests Waiver of Confidentiality. Qwest represents and warrants that it is granting a
limited waiver of its confidentiality rights that permits WSP to review the Agreement
subject to WSP's compliance with the requirements of paragraph 5 and Qwests right to
redact all dollar amounts set forth in the Agreement. Qwests consent to disclosure
applies only to the Agreement that is described in this Consent to Disclosure form and
only to the undersigned WSP.
5. WSP's Obligations. WSP shall use the Agreement exclusively for the following
purposes and for no other purpose whatsoever:.WSP- T-2-Exhibit D 5-23-05
37
(a) to determine whether Qwest has ownership or control over duct, conduits,
or rights-of-way within the Propert described in the Agreement; or
.
(b) to determine the ownership of wire within the Property described in the
Agreement; or
(c) to determine the demarcation point between Qwest facilties and the
Owner's facilties in the Property described in the Agreement.
WSP further agrees that WSP shall not disclose the contents, terms, or conditions of the
Agreement to any WSP agents or employees engaged in sales, marketing, or product
management efforts on behalf of WSP.
6. Acknowledgement of Limitation on Waivers. Owner understands that Qwest does
not agree to waive the confidentiality of the dollar amounts set forth in any
Agreement, and acknowledges that Owner has no right to provide copies of such
Agreements to any party unless Owner has completely deleted the dollar
amounts. Owner shall not provide a copy of the Agreement unless Owner has
completely deleted all dollar amounts. Whether provided by Owner or Qwest,
WSP shall comply with the conditions set forth in paragraph 5.
7. Notices. All notices to be given pursuant to this Agreement shall be deemed delivered
(a) when personally delivered, or (b) three (3) business days after being mailed postage
prepaid, by United States certified mail, return receipt requested, or (c) one business day
after being timely delivered to an overnight express courier service such as Federal
Express which provides for the equivalent of a return receipt to the sender, to the above
described addresses of the parties hereto, or to such other address as a party may
request in a writing complying with the provisions of this Section.
.
EXECUTED as of the date first written above.
OWNER:
WSP:
WSP- T-2-Exhibit D 5-23-05
38 .
.
EXHIBIT 1
Right of Way Agreement
(This represents the ROW agreement between the
.
.WSP- T -2-Exhibit D 5-23-05
39
.
.
.WSPT2 - Exhibit E
EXHIBIT E
Intentionally Left Blank
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EXHIBIT F.
INTENTIONALLY LEFT BLANK
.
.
Type 2-Exhibit F September 15, 2009 Page 1
.
.
.WSPT2 - Exhibit G
EXHIBIT G
Intentionally Left Blank
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.
.
.WSPT2 - Exhibit H
EXHIBIT H
Intentionally Left Blank
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Exhibit I - Individual Case Basis.
1. This Agreement contains references to both ICB rates and ICB intervals. The
purpose of this exhibit is to identify how WSP's ICB requests - whether they be
for rates or intervals - are processed through and by Owest.
2. ICB Rate Intervals
2.1 For those products and services identified in the AGREEMENT that
contain a provision for ICB rates, Owest wil provide WSP with a written
quote of the ICB rate within twenty (20) business days unless a specific
interval for providing the quote is either contained in the AGREEMENT or
this Exhibit.
2.2 The purpose of this subsection is to identify those circumstances when
the generic twenty (20) business day interval in the aforementioned
subsection to this Exhibit does not apply. In these specified
circumstances, Owest shall provide WSP with an ICB quote within the
stated specific intervals:
2.2.1 Ouotes for all Bona Fide Requests (BFR) shall be provided in
accord with Section 16.
2.2.2 Ouotes for all Special Request Processes (SRP) shall be provided
in accord with Section 17 and Exhibit F..2.3 Upon request, Owest shall provide WSP with Owests supporting cost
data and/or cost studies for the Unbundled Network Element or service
that WSP wishes to order within seven (7) business days, except where
Owest cannot obtain a release from its vendors within seven (7) business
days, in which case Owest wil make the data available as soon as Owest
receives the vendor release. Consistent with the terms and conditions of
any applicable vendor contract or agreement, Owest shall dilgently
pursue obtaining the release of cost information as soon as reasonably
possible. To the extent consistent with the terms and obligations of any
applicable vendor contract or agreement, Owest shall request the release
of vendor cost information when Owest communicates with the vendor(s)
when Owest seeks a quote for the costs of the ICB project. Such cost
data shall be treated as confidential information if requested by Owest
under the non-disclosure sections of this Agreement.
3. ICB Provisioning Intervals
3.1 For those products and services provided pursuant to this AGREEMENT
that contain a provision for ICB interval but do not contain a specific
provision for when the ICB interval shall be provided, the ICB interval
shall be provided within twenty (20) business days of receipt of the order,
request or application.
3.2 For ICB intervals for those products and services that require negotiated
project time lines for installation, such as 2/4 wire analog loop for more.WSP Type 2-Exhibit I April 29, 2005 Page 1
than twenty-five (25) loops, the Qwest representative, authorized to
commit to intervals, shall meet with WSP's representative within seven (7)
business days of receipt of the request from WSP to negotiate intervals..
.
WSP Type 2-Exhibit I April 29, 2005 Page 2 .
.Exhibit J
Election of Reciprocal Compensation Option
The Parties have agreed to a Bill and Keep Arrangement for IntraMT A traffc. However, should
the FCC take further action or a court of competent jurisdiction replaces, modifies or supersedes
the applicable compensation rules or the traffc become out of balance, the compensation rate
shall be based on the election made from this Exhibit J.
Pursuant to the election in this Exhibit J of this Agreement, the Parties agree to exchange
IntraMTA traffc per section 6.3.5.4
WSP must select either 1. OR 2.
1. The rates applicable to IntraMTA traffc between Qwest and WSP shall be the same as the
rates established in ISP-bound traffc pursuant to Exhibit A, Section 6.8. Such rate for ISP-bound
traffc will apply to IntraMTA traffic in lieu of End Offce Call Termination rates, and Tandem
Switched Transport rates.
Signature
Print Name:
.2. Compensation rate for IntraMTA traffc shall be as established by the Commission pursuant to
Exhibit A, Section 6.7.
Signature
Print Name:
When the FCC ordered rate for ISP-bound traffc is applied to IntraMTA Traffic, the FCC Ordered
ISP rate is used in lieu of End Offce call termination and Tandem Switched Transport rate
elements.
.WSP-T-2-Exhibit J 4-30-07
.
.
.WSPT2 - Exhibit K
EXHIBIT K
Intentionally Left Blank
9-24-08 Page 1