20061206Response to Order 30195 Part I.pdf

RECEIVED
M€~S~)lNf
&:
Q!~YATTORNEYS AT LAW
2006 DEC -6 PM I: 54
Molly 0' Leary
IDAHO PUBL.
UTILITIES COMr.~ISSIOh
Tel: [phone] Fax: [phone]
mol1y~ richardsonandoleary. com
O. Box 7218 Boise, ID 83707 - 515 N, 27rh Sr, Boise, ID 83702
6 December 2006
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
POBox 83720
Boise 10 83720-0074
Via HAND DELIVERY
RE: Case No. QWE-06-
Dear Ms. Jewell:
Enclosed please find an original and seven (7) copies of AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES, INC.'S RESPONSE TO
COMMISSION ORDER 30195.
I have also enclosed an extra copy of each of the foregoing pleadings to be
service-dated and returned to us for our files. Thank you.
encl.
Molly O'Leary (ISB No. 4996)
RICHARDSON & O'LEARY PLLC
515 North 27th Street
O. Box 7218
Boise, Idaho 83707
Telephone: [phone]
Fax: [phone]
Mail: moll y~richardsonandoleary. com
Theodore A. Livingston
Dennis G. Friedman
MAYER, BROWN, ROWE & MAW LLP
71 South Wacker Drive
Chicago , IL 60606-4637
Telephone: [phone]
Fax: [phone]
Mail: dfriedman~mayerbrown. com
Dan Foley
General Attorney & Assistant General Counsel
AT&T WEST
P. O. Box 11010; 645 E. Plumb Lane, B132
Reno, Nevada 89520
Telephone: [phone]
Fax: [phone]
Mail: df6929~att.com
D!=t:!\!Ff'Jf\... 'i-. I , "." f.
2006 DEC -6 PM I:
ID/\HO PUE,LlC
UTILITiES COMMIS81Q;-.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES , INC.
Complainant
QWEST CORPORATION
Respondent.
Case No. QWE- T -06-
AT &T' S RESPONSE TO
COMMISSION ORDER NO. 30195
COMES NOW, AT&T Communications of the Mountain States, Inc. ("AT&T"
and files its Response to the Idaho Public Utilities Commission ("Commission ) Order
No. 30195.
AT&T respectfully submits a complete copy of the AT&T - Qwest Corporation
Interconnection Agreement, along with a copy of the Commission s Order No. 27738
dated September, 1998, approving the same.
DATED this 6th day of December, 2006.
RICHARDSON & O'LEARY, P.L.L.C.
AT&T'S RESPONSE TO COMMISSION
ORDER 30195 - 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 6th day of December, 2006 a true and correct copy of
the within and foregoing AT&T'S RESPONSE TO COMMISSION ORDER 30195 was filed
with the Idaho Public Utilities Commission and parties as indicated below:
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
POBox 83720
Boise ID 83720-0074
2l. Hand Delivery
- U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
Mary S. Hobson
999 Main, Suite 1103
Boise, ID 83702
E-mail: mary.hobson~qwest.com
- Hand Delivery
S. Mail, postage pre-paid
Facsimile
X- Electronic Mail
Douglas RM. Nazarian
Hogan & Hartson
111 South Calvert St
Baltimore MD 21202
E-mail: drmnazarian~hhlaw.com
- Hand Delivery
X-U.S. Mail, postage pre-paid
Facsimile
X- Electronic Mail
Certificate of Service - 1
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UTILITIES COi\HJiISSIO\\
COMPLAINANT'S EXHIBIT
AT&T - Qwest Interconnection Agreement
T & T Response to
;Iommission Order 30195
FIELD CO CATIONS & ADVOCACY SUPPORT
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Results 1 - 5 of agreements
Agreement State Company
WROO05 AZ CO IA 10 ILEC-RBOC: Qwest
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NE NM OR CLEC: AT&T (pre-merger)
SO UT WA CLEC: TCG
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DE FL 10 IL
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'"
100008 (",hi",)
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CLEC: AT&T (pre-me~e0
Type Dates
Negotiated Signed: 2/1/2005
Description
Commercial Agreement - Qwest/AT&T
and TCG. QPP Master Services
Agreement effective in the states of - Al
CO, lA, ID, MN, MT, NE , NM , OR, SD
, WA, WY. Addendum for the State of
MN - 2/8/06,
Negotiated Signed: 9/1/2005 Commercial Agreement - Verizon/AT& T
and TCG, This Commercial Agreement is
confidential and proprietary. Need for this
document should be addressed with Rich
Pappalardo (973 326-2895) or Peggy
Nelson (847242-9374 ). Commercial
Agreement Amendment No, 1 applicable
to all Vl-ATT-TCG Interconnection
Agreements - 9/1/2005,
Negotiated Signed: 5/4/2004 Interconnection Agreement-
004 Qwest/AT&T. Includes Application forew ntrant Filed: 5 1 Approval to ID PUC and Approval Order.
Approved: 6/22/2004 UNE-P & Batch Hot Cut Amendment No,
1 - 2/1/05, Expedites for Design Services
Amendment No, 2 - 5/20/05. Collocation
Joint Inventory Visit Amendment No, 3 -
6/24/05, TRO-TRRO Amendment No, 4 -
6/28/06,
Negotiated Signed: 8/12/1998 Interconnection Agreement - US
/11/1998 West/AT&T,10/19/00AmendmentNo,ew ntrant Filed: 7 filed 11/13/00 and 1/25/01 AmendmentApproved: 9/15/1998 No, 1 Approval Order. Amendment No, 2
added 7/20/01, Amendment No, 3 added
10/28/02,
Adopted Signed: 6/26/2001 Interconnection Agreement-
Verizon/AT& T, Includes ID PUC Approvalew ntrant Filed. 6262001 Order. Adopting terms of attached 6/29/00Approved: 8/21/2001 ID Verizon/Pathnet agreement. Unitary
Rate Amendment No, 1 - 11/13/04, Loop
Rate - Resale Discount Amendment No, 2
- 9/1/05.
http://www.lga.attcomlfcas/ica/icaresults.aspx
AT&T PROPRIETARY
Use Pursuant to Company Instructions,
Legal Notice
Copyright(gj 2006 AT&T. All rights reserved,
10/25/2006
Fi1eList Page 1 of
IDOOOS: 011D USW ATT AGREEMENT WITH LINKS
States: 10
ILEC-RBOC: US West (n/k/a Qwest Corporation)
GLEC: AT&T (pffi-me~e0
Signed: 8/12/1998
Filed: 7/11/1998
Approved: 9/15/1998
Archived
Negotiated
NewEntrant
Description:
Interconnection Agreement - US West/AT&T, 10/19/00
Amendment No.1 filed 11/13/00 and 1/25/01 Amendment No.
1 Approval Order, Amendment No.2 added 7/20/01.
Amendment No.3 added 10/28/02.
Files:
01 10 USW ATT AGREEMENT WITH LINKS
0210 USW ATT Price List
0310 USW ATT Signatures
10 Qwest-ATT Amendment No,
10 Qwest-ATT Amendment No, 1 Approval Order
10 Qwest-ATT Amendment No.
10 Qwest-ATT Amendment No, 3
http://www .1ga. attcomlfcaslica/FileList aspx ?ID=IDOO08 10/25/2006
AGREEMENT
FOR LOCAL WIRELINE NETWORK INTERCONNECTION
AND
SERVICE RESALE
Between
AT&T Corp.
and
U S WEST Communications, Inc.
in the State of Idaho
TABLE OF CONTENTS
RECITALS
SCOPE OF AGREEMENT
DEFINITIONS
1. General Provisions
2. Most Favored Nation Terms and Treatment
3. Payment
4. Taxes
5. Intellectual Property
6. Severability
7. Responsibility for Environmental Contamination
8. Brandinq
9. Independent Contractor Status
10. Referenced Documents
11. Publicity and Advertisinq
12. Executed in Counterparts
13. Headinqs Not Controllinq
14. Joint Work Product
15. Survival
16. Effective Date
17. Amendment of Aqreement
18. Indemnification
19. Limitation of Liability
USWC/AT&T Interconnection Agreement - Idaho
Page
07/27/98
Page 2
20. Term of Aqreement
21. Governinq Law
22. Cancellation Charqes
23. Requlatory Approvals
24. Compliance
25. Force Majeure
26. Escalation Procedures
27. Dispute Resolution
28. Nondisclosure
29. Notices
30. Assiqnment
31. Warranties
32. Default
33. Remedies
34. Waivers
35. No Third Party Beneficiaries
36. Physical Security
37. Network Security
38. Revenue Protection
39. Law Enforcement Interface
40. Collocation
41. Technical References - Collocation
42. Number Portability
43. Dialinq Parity
44. Directory Listinqs
45. Intentionally Left Blank
46. U S WEST Dex Issues
47. Access to Poles, Ducts. Conduits. and Riqhts of Way
48. Bona Fide Request Process for Further Unbundlinq
49. Audit Process
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
Page 3
50. Miscellaneous Services
51. Unused Transmission Media
52. Service Standards
53. Entire Aqreement
54. Reservation of Riqhts
SIGNATURE PAGE
ATTACHMENTS
Attachment
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Rates and Charges
Resale
Unbundled Access/Elements
ntercon nection
Business Process Requirements
Electronic Interfaces
Implementation Schedule
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 4
This Interconnection Agreement (this "AgreemenfJ, effective , 199 (the "Effective Date
is entered into by and between A T& T Communications of the Mountain States, Inc.Colorado Corporation
and US WEST Communications, Inc.Colorado corporation, to establish the rates, terms and conditions
for local interconnection, local resale, and the purchase of unbundled network elements (individually referred
to as the "service" or collectively as the "services
RECITALS
WHEREAS, pursuant to this Agreement, A T& T and US WEST will extend certain arrangements to
one another within each LA T A in which they both operate within Idaho. This Agreement is combination of
agreed terms and terms imposed by arbitration under Section 252 of the Communications Act of 1934, as
modified by the Telecommunications Act of 1996, the rules and regulations of the Federal Communications
Commission, and the orders, rules and regulations of the Idaho Public Utilities Commission; and as such
does not necessarily represent the position of either Party on any given issue; and
WHEREAS, the Parties wish to interconnect their local exchange networks in technically and
economically efficient manner for the transmission and termination of calls so that subscribers of each can
seamlessly receive calls that originate on the others network and place calls that terminate on the other
network, and for A T& T's use in the provision of exchange access ("Locallnterconnection J; and
WHEREAS, AT&T wishes to purchase Telecommunications Services for resale to others, and
WEST is willing to provide such services; and
WHEREAS, A T& T wishes to purchase on an unbundled basis Network Elements, Ancillary Services
and Functions and additional features separately or in any Combination and to use such services for itself
or for the provision of its Telecommunications Services to others, and US WEST is willing to provide such
services;
Now, therefore, in consideration of the terms and conditions contained herein, A T& T and U WEST
hereby mutually agree as follows:
SCOPE OF AGREEMENT
A. This Agreement specifies the rights and obligations of each Party with respect to the
purchase and sale of Local Interconnection, Local Resale and Network Elements in the LA T As in Idaho
where US WEST operates.
B. In the performance of their obligations under this Agreement, the Parties shall act in good
faith and consistently with the intent of the Act. Where notice, approval or similar action by Party is
permitted or required by any provision of this Agreement (including, without limitation, the obligation of the
Parties to further negotiate the resolution of new or open issues under this Agreement) such action shall not
be unreasonably delayed, withheld or conditioned.
C. US WEST will provide AT&T with at least the level of service quality or performance
of obligations under this Agreement as U S WEST provides itself or any other Person with respect to
all Telecommunications Services, Local Interconnection, Services for Resale, and Network Elements
1 Per Order 27236 of the Idaho Public Utitlites Com mission (Dec. 1 , 1997), at p. 8.4 Per Sixth Order, at p. 3.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 5
as applicable and shall provide such level of service quality or performance of service obligations in
accordance with the specific requirements agreed to in Attachment 5.
D. US WEST shall provide to A T& T Services for Resale that are equal in quality, subject to the
same conditions (including the conditions in U WEST's effective tariffs which are not otherwise inconsistent
with the terms and conditions contained herein), within the same provisioning time intervals that U WEST
provides these services to itself, its Affiliates and others, including end users, and in accordance with any
applicable Commission service quality standards, including standards the Commission may impose pursuant
to Section 252 (e)(3) of the Act.E. Each Network Element provided by US WEST to AT&T shall be at least equal in the
quality of design, performance, features, functions, capabilities and other characteristics, including,
but not limited to, levels and types of redundant equipment and facilities for power, diversity and
security, that U S WEST provides to itself, U S WEST's own subscribers, to a U S WEST Affiliate or to
any other entity.F. The Parties agree to work jointly and cooperatively in testing and implementing processes
for pre-ordering, ordering, maintenance, provisioning and billing and in reasonably resolving issues which
result from such implementation on timely basis.
G. If Party makes change in its network which it believes will materially affect the
interoperability of its network with that of the other Party, the Party making the change shall provide advance
notice of such change to the other Party in accordance with applicable FCC or Commission regulations.
H. In accordance with Section 251(c)(5) of the Act and the rules and regulations established by
the FCC and the Commission, the Parties shall provide reasonable notice of changes in the information
necessary for the transmission and routing of services using that local exchange carrier s facilities or network
as well as of any other changes that would affect the interoperability of those facilities and networks.I. Except as otherwise provided for in Section of Attachment WEST shall not
discontinue or refuse to provide any service required hereunder without A T& T's prior written agreement in
accordance with Section 17 of Part A of this Agreement, nor shall U WEST reconfigure, reengineer or
otherwise redeploy its network in manner which would materially impair A T& T's ability to offer
Telecommunications Services in the manner contemplated by this Agreement, the Act or the FCC's rules and
regulations. U WEST agrees that all obligations undertaken pursuant to this Agreement, including, without
limitation, performance standards, intervals, and technical requirements are material obligations hereof and
that time is of the essence.
DEFINITIONS
Certain terms used in this Agreement shall have the meanings set forth herein or as otherwise
elsewhere defined throughout this Agreement. Other terms used but not defined herein will have the
meanings ascribed to them in the Act and the FCC's rules and regulations.
911 Service" means universal telephone number which gives the public direct access to the Public Safety
Answering Point (PSAP). Basic 911 service collects 911 calls from one or more local exchange switches that
serve geographic area. The calls are then sent to the correct authority designated to receive such calls.
911 Site Administrator" is person assigned by A T& T to establish and maintain 911 service location
information for its subscribers.
5 Per Sixth Order, at p. 3.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
Page
~ccess Services" refers to interstate and intrastate switched access and private line transport services.
~ct" means the Communications Act of 1934 (47 US.C. Section 151 et seq.), as amended by the
Telecommunications Act of 1996, and as from time to time interpreted in the duly authorized rules and
regulations of the FCC or by the Commission.
~DSL" or '~symmetrical Digital Subscriber Line" means transmission technology which transmits an
asymmetrical digital signal using one of several transmission methods (for example, carrier-less AM/PM
discrete multi-tone, or discrete wavelet multi-tone).
~ffiliate" is an entity, as defined in the Act, that directly or indirectly owns or controls, is owned or controlled
by, or is under common ownership or control with, another entity. For the purposes of this Agreement
, "
own
or "control" means to own an equity interest (or equivalent) of at least ten percent (10%), or the right to
control the business decisions, management and policy of another entity performing any of the obligations set
forth in this Agreement.
~/N" ('~dvanced Intelligent Network') is network functionality that permits specific conditions to be
programmed into switch which, when met, directs the switch to suspend call processing and to receive
special instructions for further call handling instructions in order to enable carriers to offer advanced features
and services.
~/N Services" means architecture and configuration of the AIN Triggers within the SCP as developed and/or
offered by U WEST to its customers.
~LI" (Automatic Location Identification) is database developed for E911 systems that provides for visual
display of the callers telephone number and address, and the names of the emergency response agencies
responsible for that address. The ALl also shows an Interim Number Portability (INP) number, if applicable.
~LI/DMS" (Automatic Location Identification/Data Management System) means the emergency service
(E911/911) database containing subscriber locatio/? information (including name, address, telephone number
and sometimes special information from the local service provider) used to determine to which Public Safety
Answering Point (PSAP) to route the call.
~MA" means the Automated Message Accounting structure that initially records telecommunication
message information. AMA format is contained in the Automated Message Accounting document, published
by Bellcore as GR-1100-CORE, which defines the industry standard for message recording.
~ncillary Services" or '~ncillary Functions" means, collectively, the following: (I) Collocation as described in
Section 40; (2) access to poles, ducts, conduits and rights of way as described in Section 47; (3) unused
transmission media as described in Section 51; (4) Directory Listings as described in Section 44; (5) E911
described in Section 50.1; (6) Directory Assistance Service as described in Section 50.2; (7) Operator
Services as described in Section 50.3; (8) directory assistance and listings services requests as described in
Section 50.4; and (9) directory assistance data as described in Section 50.5.
~NI" (Automatic Number Identification) is feature that identifies and displays the number of telephone
that originates call.
~RS" (Automatic Route Selection) is service feature that provides for automatic selection of the least
expensive or most appropriate transmission facility for each call based on criteria programmed into the
system.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 7
ASR" (Access Service Request) means the industry standard forms and supporting documentation used for
ordering Access Services. The ASR may be used to order trunking and facilities between A T& T and
WEST for Local Interconnection.
~T& 1"" means A T& T and any Affiliates, subsidiary companies or other entities performing any of the
obligations of A T& T set forth in this Agreement. For purposes of Section 47 of this Part A of this Agreement
the obligations of A T& T shall be limited to those facilities of A T& T Communications of the Mountain States
Inc. that are used for the purpose of providing local services under the terms of this Agreement.
BL VIBLI" (Busy Line VerifylBusy Line Interrupt) means an operator call in which the end user inquires as
the busy status of, or requests an interruption o~ a telephone call.
Business Day" means any day Monday through Friday except for mutually agreed to holidays.
CABS" means the Carrier Access Billing System which is defined in document prepared by the Billing
Committee of the OBF. The Carrier Access Billing System document is published by Bellcore in Volumes
1A, , 3 3A, and 5 as Special Reports SR-OPT-001868, SR-OPT-0011869, SR-OPT-001871, SR-OPT-
001872, SR-OPT-001873, SR-OPT-001874, and SR-OPT-001875, respectively, and contains the
recommended guidelines for the billing of access and other connectivity services.
Calling Party Number" or "CPN" is Common Channel Signaling tCCS") parameter which refers to the
number transmitted through network identifying the calling party.
CCS" (Common Channel Signaling) means method of digitally transmitting call set-up and network control
data over digital signaling network fully separate from the public switched telephone network that carries
the actual call.
Central Office Switch" means switch used to provide Telecommunications Services, including, but not
limited to:
(a)End Office Switches" which are used to terminate Customer station loops for the purpose of
interconnecting to each other and to trunks;
(b)Tandem Office Switches" which are used to connect and switch trunk circuits between and
among other Central Office Switches. Access tandems provide connections for exchange
access and toll traffic while local tandems provide connections for 10caliEAS traffic; or
(c)Combination End OfficelTandem Office Switches.
Centrex , including Centrex Plus, means Telecommunications Service that uses central office switching
equipment for call routing to handle direct dialing of calls and to provide numerous private branch exchange-
like features.
Charge Number" is CCS parameter which refers to the number transmitted through the network identifying
the billing number of the calling party.
CLASS" (Bellcore Service Mark) is set of call-management service features that utilize the capability to
forward calling party's number between end offices as part of call setup. Features include Automatic
Callback, Automatic Recall, Caller 10, Call Trace, and Distinctive Ringing.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
Page 8
Collocation" means an arrangement whereby one Party's (the "Collocating Party") facilities are terminated in
its equipment necessary for Interconnection or for access to Network Elements on an unbundled basis which
has been installed and maintained at the premises of a second Party (the "Housing Party"). Collocation may
be "physical" or "virtual"In "Physical Collocation , the Collocating Party installs and maintains its own
equipment in the Housing Party's premise. In "Virtual Collocation , the Housing Party installs and maintains
the Collocating Party's equipment in the Housing Party's premises.
Combinations" means provision by U S WEST of two or more connected Network Elements ordered
by AT&T to provide its Telecommunication Services in a geographic area or to a specific subscriber
and that are placed on the same or related order by AT&T, subject to restrictions, if any, imposed by
the Commission.
Commission " means the Idaho Public Utilities Commission.
Competitive Local Exchange Carrier" or "CLEC" means an entity authorized to provide Local Exchange
Service that does not otherwise qualify as an incumbent LEC.
Conduif' means tube or protected pathway that may be used to house communication or electrical cables.
Conduit may be underground or above ground (for example, inside buildings) and may contain one or more
innerducts.
Confidential Information" has the meaning set forth in Section 28 of Part A of this Agreement.
Contract Year" means twelve (12) month period during the term of this Agreement commencing on the
Effective Date and each anniversary thereof.
Control Office" is an exchange carrier center or office designated as its company s single point of contact for
the provisioning and maintenance of its portion of local interconnection arrangements.
Custom Calling Features" is set of call-management service features available to residential and business
subscribers including call-waiting, call-forwarding and three-party calling.
Customer" means third-party (residence or business) that subscribes to Telecommunications Services
provided by either of the Parties.
DBMS" (Database Management System) is computer system used to store, sort, manipulate and update
the data required to provide, for example, selective routing and ALl.
Databases" are the Network Elements that provide the functionality for storage of, access to, and
manipulation of information required to offer particular service and/or capability. Databases include, but are
not limited to: Number Portability, LIDB, Toll Free Number Database, Automatic Location Identification/Data
Management System, and AIN.
Digital Signal Level" means one of several transmission rates in the time division multiplexing hierarchy,
including, but not limited to:
Digital Signal Level 0" or "DS-O" means the 56 or 64 Kbps zero-level signal in the time-division
multiplex hierarchy.
6 Per Order 27236, at p. 8.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 9
Digital Signal Level 1" or "DS-1" means the 544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS-1 is the
initial level of multiplexing.
Digital Signal Level 3" or "DS-3" means the 44.736 Mbps third-level in the time-division multiplex
hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS-3 is defined
the third level of multiplexing.
Directory Assistance Database" refers to any set of subscriber records used by U WEST in its provision of
live or automated operator-assisted directory assistance including, but not limited to 411, 555-1212 NPA-
555-1212.
Directory Assistance Service" provides listings to callers. Directory Assistance Service may include the
option to complete the call at the callers direction.
Directory Listings" refers to subscriber information, including, but not limited to, name, address and phone
numbers, in Directory Assistance Service or directory products.
Discloser" means that Party to this Agreement which has disclosed Confidential Information to the other
Party.
E911" (Enhanced 911 Service) means telephone communication service which will automatically route
call dialed 911" to designated Public Safety Answering Point (PSAP) attendant and will provide to the
attendant the calling party's telephone number and, when possible, the address from which the call is being
placed, and the emergency response agencies responsible for the location from which the call was dialed.
E911 Message Trunk" is dedicated line, trunk or channel between two central offices or switching devices
which provides voice and signaling path for E911 calls.
Extended Area Service tEAS'? is intraLATA traffic treated as local" traffic between exchanges (rather
than as toll" traffic) as established by the Commission and as reflected in the effective US WEST tariffs.
Effective Date" is the date, indicated in the Preamble, on which this Agreement shall become effective.
Emergency Response Agency" is governmental entity authorized to respond to requests from the public to
meet emergencies.
EMR" means the Exchange Message Record System used among LECs for exchanging
telecommunications message information for billable, non-billable, sample, settlement and study data. EMR
format is contained in BR-O10-200-010 CRIS Exchange Message Record, published by Bellcore, which
defines the industry standard for exchange message records.
ESN" (Emergency Service Number) is number assigned to the All and selective routing databases for all
subscriber telephone numbers. The ESN designates unique combination of fire, police and emergency
medical service response agencies that serve the address location of each in-service telephone number.
FCC" means the Federal Communications Commission.
FCC Interconnection Order" is the Federal Communications Commission s First Report and Order in
Docket No. 96-98 released August 8, 1996, as effective.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 10
Fiber-Meet" means an interconnection architecture method whereby the Parties physically interconnect their
networks via an optical fiber interface (as opposed to an electrical interface) at mutually agreed upon
location.
Gateway" (ALl Gateway) is telephone company computer facility that interfaces with A T& T's 911
administrative site to receive Automatic Location Identification (ALl) data from A T& T. Access to the Gateway
will be via dial-up modem using common protocol.
HDSL" or "High-Bit Rate Digital Subscriber Line" means two-wire or four-wire transmission technology
which typically transmits DS-level signal (or, higher level signals with certain technologies), using, for
example, Binary/1 Ouartenary ("2B 1 0').
ILEC" means the incumbent local exchange carrier.
Information Service Traffic" means traffic which originates on local access line and which is addressed to
an information service provider.
INP" (Interim Number Portability) is service arrangement whereby subscribers who change local service
providers may retain existing telephone numbers with minimal impairment of quality, reliability, or
convenience when remaining at their current location or changing their location within the geographic area
served by the initial carrier s serving central office.
Integrated Digital Loop Carrier" means digital subscriber loop carrier system which interfaces with the
switch digitally at DS-1 (1.544Mbps) or higher level,
Integrated Services Digital Network" or "ISDN" means switched network service that provides end-to-end
digital connectivity for the simultaneous transmission of voice and data. Basic Rate Interface-ISDN
(BRI-ISDN) provides for digital transmission of two 64 Kbps bearer channels and one 16 Kbps data
channel (2B+D). Primary Rate Interface-ISDN (PRI-ISDN) provides for digital transmission of twenty-three
(23) 64 Kbps bearer channels and one 64 Kbps data channel (23B+D).
Interconnection" is as described in the Act and refers to the connection of separate pieces of equipment
facilities, or platforms between or within networks for the purpose of transmission and routing of telephone
exchange service traffic and exchange access traffic.
Itself" means U S WEST Communications, Inc., any subsidiary, Affiliate or any other party to which
US WEST provides interconnection.
IXC" (lnterexchange Carrier) means provider of interexchange Telecommunications Services.
LATA" means Local Access Transport Area.
LEC" means local exchange carrier.
LlDB" (Line Information Data Base(s)) is Service Control Point (SCP) database that provides for such
functions as calling card validation for telephone line number cards issued by LECs and other entities and
validation for collect and billed-to-third services.
Local Interconnection" shall have the meaning set forth in the Recitals to this Agreement.
7 Per Iowa Uti!. Bd.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page
Local Resale" or "Services for Resale" or "Resale Services" means, collectively, Telecommunications
Services and service functions provided by U WEST to A T& T pursuant to Attachment of this Agreement.
Local Traffic" is intraLA TA traffic within an exchange that is treated as toll free traffic as established by the
Commission and as reflected in the effective tariffs of U WEST.
Loop" is transmission facility between distribution frame, or its equivalent, in US WEST central office
or wire center, and the Network Interface Device (as defined herein) or network interface at subscriber
premises, to which A T& T is granted exclusive use. This includes, but is not limited to, two-wire and four-wire
analog voice-grade loops, and two-wire and four-wire loops that are conditioned to transmit the digital signals
needed to provide ISDN, ADSL, HDSL, and DS-1 level signals. A Loop may be composed of the following
components:
Loop Concentrator/Multiplexer
Loop Feeder
Network Interface Device (NID)
Distribution
Main Distribution Frame" or "MDF" means the distribution frame of the Party providing the Loop used to
interconnect cable pairs and line and trunk equipment terminals on switching system or transmission
facility.
MECAB" refers to the Multiple Exchange Carrier Access Billing (MECAB) document prepared by the Billing
Committee of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier
Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (A TIS). The MECAB
document, published by Bellcore as Special Report SR-BDS-000983, contains the recommended guidelines
for the billing of an access service provided by two or more LECs (including LEC and CLEC), or by one
LEC in two or more states within single LA T
MECOD" refers to the Multiple Exchange Carriers Ordering and Design (MECOD) Guidelines for Access
Services Industry Support Interface document developed by the Ordering/Provisioning Committee under
the auspices of the Ordering and Billing Forum (OBF), which functions under the auspices ofthe Carrier
Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (A TIS). The MECOD
document, published by Bellcore as Special Report SR STS-002643, establishes recommended guidelines
for processing orders for access service which is to be provided by two or more LECs (including LEC and
CLEC). It is published by Bellcore as SRBDS 00983.
Meet-Point Billing" or "MPB" refers to an arrangement whereby two LECs (including LEC and A T& T) jointly
provide switched access service to an Interexchange Carrier, with each LEC (or AT&T) receiving an
appropriate share of the access element revenues.
Mid-Span Meef'is point of interconnection between two networks, designated by two Telecommunications
Carriers, at which one carrier s responsibility for service begins and the other carriers responsibility ends.
MSAG" (Master Street Address Guide) is database defining the geographic area of an E911 service.
includes an alphabetical list of the street names, high-low house number ranges, community names, and
emergency service numbers provided by the counties or their agents to U WEST.
North American Numbering Plan" or "NANP" means the numbering plan used in the United States that also
serves Canada, Bermuda, Puerto Rico and certain Caribbean Islands. The NANP format is 10-digit
number that consists of digit NPA code (commonly referred to as the area code), followed by digit
NXX code and 4-digit line number.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
Page 12
NENA" (National Emergency Number Association) is an association with mission to foster the
technological advancement, availability and implementation of 911 nationwide.
Network Elemenf' means a facility or equipment used in the provision of a Telecommunications Service
including all features, functions and capabilities embedded in such facility or equipment.
NP" (Number Portability) means the use of the Location Routing Number (LRN) database solution to provide
fully transparent NP for all subscribers and all providers without limitation.
NPA" (Numbering Plan Area) (sometimes referred to as an area code) is the three digit indicator which is
designated by the first three digits of each 10-digit telephone number within the NANP. Each NPA contains
792 possible NXX Codes. There are two general categories of NPA
, "
geographic NPAs" and "Non-
Geographic NPAs.Geographic NPA" is associated with defined geographic area, and all telephone
numbers bearing such NPA are associated with services provided within that geographic area. Non-
Geographic NPA " also known as a Service Access Code (SAC Code)" is typically associated with
specialized Telecommunications Service which may be provided across multiple geographic NPA areas; 500,
800, 900, 700, and 888 are examples of Non-Geographic NPAs.
NXX" means the fourth, fifth and sixth digits of ten-digit telephone number within the North American
Numbering Plan ("NANP'
OBF" means the Ordering and Billing Forum, which functions under the auspices of the Carrier Liaison
Committee (CLC) of the Alliance for Telecommunications Industry Solutions (A TIS).
Operator Systems" is the Network Element that provides operator and automated call handling with billing,
special services, subscriber telephone listings, and optional call completion services.
Operator Services" includes, but is not limited to (1) operator handling for call completion (e., collect calls);
(2) operator or automated assistance for billing after the subscriber has dialed the called number (e., credit
card calls); and (3) special services (e., BL VIBLI, emergency agency call).
01 Transmission Grade of Service (GOS)" means trunk facility provisioning standard with the statistical
probability of no more than one call in 00 blocked on initial attempt during the average busy hour.
PLU" (Percent Local Usage) is calculation which represents the ratio of the local minutes to the sum of
local and intraLA T toll minutes between exchange carriers sent over Local Interconnection trunks.
Directory assistance, BL VIBLI, 900, 976, transiting calls from other exchange carriers and switched access
calls are not included in the calculation of PLu.
Party" means either U WEST or T& T and "Parties " means US WEST and T& T.
Person" means, collectively, an Affiliate, subsidiary, Customer, end user and subscriber of U WEST.
Point of Interconnection" or "POI" means the physical point that establishes the technical interface, the test
point, where applicable, and the operational responsibility hand-off between T& T and US WEST for the
local interconnection of their networks for the mutual exchange of traffic.
Point of Interface" is the physical point where T& T hands off transmission media to the US WEST provided
entrance facility associated with Collocation arrangement for the purpose of connecting the entrance facility
to some point located within U WEST's premises.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 13
Pole Attachment" means the connection of facility to utility pole. Some examples of facilities are
mechanical hardware, grounding and transmission cable, and equipment boxes.
POP" means an IXC's point of presence.
Port" means a termination on a Central Office Switch that permits customers to send or receive
Telecommunications Services over the public switched network, including switch features or
switching functionality.
Premium Listing , such as additional, foreign, cross reference, informational, non-listed, privacy, etc. are
described in the U WEST general exchange listing tariff.
Primary Listing" (for example, main list, additional main, joint user, client main list or answering service list)
shall mean the one appearance of an end user telephone subscribers main telephone number and other
content such as name and address, which each A T& T residence or business subscriber is entitled to receive
in the white pages directory published by U WEST Dex at no charge from U WEST Communications.
Where U WEST business end users are entitled to receive courtesy listing in the yellow pages section of
any directory published on U WEST's behalf, A T& T's business customers will receive the same
entitlement.
Proprietary Information" shall have the same meaning as Confidential Information.
PSAP" (Public Safety Answering Point) is the public safety communications center where 911 calls placed
by the public for specific geographic area will be answered.
Rate Center" means the geographic point and corresponding geographic area which are associated with
one or more particular NPA-NXX codes which have been assigned to US WEST or A T& T for its provision
basic exchange Telecommunications Services. The "Rate Center Poinf' is the finite geographic point
identified by specific V&H coordinate, which is used to measure distance-sensitive end user traffic to/from
the particular NPA-NXX designations associated with the specific Rate Center. The "Rate Center Area" is
the exclusive geographic area identified as the area within which US WEST or A T& T will provide basic
exchange Telecommunications Services bearing the particular NPA-NXX designations associated with the
specific Rate Center. The Rate Center Point must be located within the Rate Center Area.
Rating Poinf' means the point at which transport mileage is calculated for the termination of calls. Each
Party shall establish its own Rating Point(s) for its own services.
Real Time" means the actual time in which an event takes place, with the reporting on or the recording of the
event simultaneous with its occurrence.
Recipienf' means that Party to this Agreement (1) to which Confidential Information has been disclosed by
the other Party, or (2) who has obtained Confidential Information in the course of providing services under
this Agreement.
Reseller" is category of Telecommunications Services providers who obtain Telecommunications Services
from another provider through the purchase of wholesale priced services for resale to their end user
subscribers.
Routing Poinf' means location which US WEST or A T& T has designated on its own network as the
homing (routing) point for traffic inbound to basic exchange Telecommunications Services provided by
8 Per Third Order
, at p. 1
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 14
US WEST or A T& T which bear certain NPA-NXX designation. The Routing Point is employed to calculate
mileage measurements for the distance-sensitive transport element charges of Switched Access Services.
Pursuant to Bellcore Practice BR 795-100-100, the Routing Point may be an "End Office" location, or LEC
Consortium Point of Interconnection." Pursuant to that same Bellcore Practice, examples of the latter shall
be designated by common language location identifier (CLLI) code with (x)KD in positions 9, 10, where
(x) may by any alphanumeric A-Z or 0-9. The Routing Point need not be the same as the Rate Center Point
nor must it be located within the Rate Center Area, but must be in the same LATA as the NPA-NXx.
ROW" (Right of Way) means the right to use the land or other property owned, leased, or controlled by
another party to place poles, conduits, cables, other structures and equipment, or to provide passage to
access such structures and equipment. A ROW may run under, on, or above public or private property
(including air space above public or private property) and may include the right to use discrete space in
buildings, building complexes or other locations.
SAG" (Street Address Guide) is database containing an alphabetical list of street names, high-low house
number ranges, descriptive addresses, community names, tax codes, subscriber names, telephone
numbers, NXXs, central office names, CLLI and other information maintained by U WEST.
SECAB" means the Small Exchange Carrier Access Billing document prepared by the Billing Committee of
the OBF. The Small Exchange Carrier Access Billing document, published by Bellcore as Special Report SR
OPT-001856, contains the recommended guidelines for the billing of access and other connectivity services.
Selective Routing" is service which automatically routes an E911 call to the PSAP that has jurisdictional
responsibility for the service address of the telephone from which 911 is dialed, irrespective of telephone
company exchange or wire center boundaries.
Service Control Poinf' or "SCP" is specific type of Database Network Element functionality deployed in
Signaling System (SS7) network that executes service application logic in response to SS7 queries sent to
it by switching system also connected to the SS7 network. SCPs also provide operational interfaces to
allow for provisioning, administration and maintenance of subscriber data and service application data (e.
toll free database stores subscriber record data that provides information necessary to route toll free calls).
Signaling Transfer Points" or "STPs" provide functionality that enable the exchange of SS7 messages
among and between switching elements, database elements and Signaling Transfer Points.
Switch"
--
See Central Office Switch.
Switched Access
, "
Switched Access Service
, "
Switched Exchange Access Service" or "Switched Access
Traffic" are as defined in the Parties' applicable tariffs.
Tandem Office Switches" are Class switches which are used to connect and switch trunk circuits between
and among End Office Switches and other tandems.
Tariff Services as used throughout this Agreement refers to the applicable Party's interstate tariffs and state
tariffs, price lists, price schedules and catalogs.
Technically Feasible" refers solely to technical or operational concerns, rather than economic, space, or site
considerations, in accordance with the rules and regulations of the FCC and the Commission.
Telecommunications" means the transmission, between or among points specified by the user, of
information of the users choosing, without change in the form or content of the information as sent and
received.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 15
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 Commission shall determine whether the
provision of fixed and mobile satellite service shall be treated as common carriage.
Telecommunications Services" means the offering of Telecommunications for 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.
Toll Traffic" is traffic that originates in one Rate Center and terminates in another Rate Center with the
exception of traffic that is rated as EAS.
Transit Service" provides the ability for Telecommunications Carrier to use its connection to local or
access tandem for delivery of calls that originate with Telecommunications Carrier and terminate to
company other than the tandem company, such as another Competitive Local Exchange Carrier, an existing
LEC, or wireless carrier. In these cases, neither the originating nor terminating end user is customer of
the tandem Telecommunications Carrier. The tandem Telecommunications Carrier will accept traffic
originated by Party and will terminate it at Point of Interconnection with another local, intraLA T A or
interLATA network Telecommunications Carrier. This service is provided through local and access tandem
switches.
Transit Traffic is any traffic, other than Switched Access Traffic that originates from one
Telecommunications Carriers network transits another Telecommunications Carriers network, and
terminates to yet another Telecommunications Carriers network.
TRCO" means Trouble Reporting Control Office.
WEST" means U WEST Communications, Inc. and any Affiliates, subsidiary companies or other
entities performing any of the obligations of U WEST set forth in this Agreement.
Voluntary Federal Subscriber Financial Assistance Programs" are Telecommunications Services provided to
low-income subscribers, pursuant to requirements established by the appropriate federal or state regulatory
body.
Wire Center" denotes, for the purposes of Collocation building or space within building, that serves
an aggregation point on given carriers network, where transmission facilities and circuits are connected or
switched. Wire Center can also denote building where one or more central offices, used for the provision of
Telecommunications Services and Access Services, are located. However, for purposes of Collocation, Wire
Center shall mean those points eligible for such connections as specified in the FCC Docket No. 91-141 and
rules adopted pursuant thereto.
USWC/AT&T Interconnection Agreement -Idahq 07/27/98
Page 16
General Provisions
TERMS AND CONDITIONS
Each Party is individually responsible to provide facilities within its network which are
necessary for routing, transporting, measuring, and billing traffic from the other Party
network and for delivering such traffic to the other Party s network in the standard format
compatible with T& T's network and to terminate the traffic it receives in that standard
format or the proper address on its network. The Parties are each solely responsible for
participation in and compliance with national network plans, including the National Network
Security Plan and the Emergency Preparedness Plan.
Neither Party shall impair the quality of service to other carriers or to either Party'
Customers, and each Party may discontinue or refuse service if the other Party violates this
provision. Upon such violation, either Party shall provide the other Party notice of such
violation, at the earliest practicable time.
Each Party is solely responsible for the services it provides to its Customers and to other
Telecommunications Carriers.
The Parties recognize that equipment vendors may manufacture telecommunications
equipment that does not fully incorporate and may deviate from industry standards
referenced in this Agreement. Due to the manner in which individual equipment
manufacturers have chosen to implement industry standards into the design of their
products, along with differing vintages of individual facility components and the presence of
embedded technologies pre-dating current technical standards, some of the individual
facility components deployed within V WEST's network, including, without limitation
Network Elements and associated business processes and the standards associated with
the equipment providing such Network Elements (collectively, "Network Components ), may
not adhere to all the specifications set forth and described in the Bellcore, ANSI, ITV and
other technical and performance standards outlined in this Agreement. Within forty-five (45)
days after the Effective Date of this Agreement, the Parties will develop process by which
WEST will inform A T& T of deviations from standards referenced in this Agreement. In
addition, the Parties agree that those deviations from such standards documented by
WEST to T& T shall, to the extent permitted by FCC and Commission rules and regula-
tions, supersede sections of this Agreement referencing technical standards otherwise
applicable for the affected Network Elements.
WEST agrees that in no event shall it intentionally allow any Network Com-
ponent provided by V WEST to T& T under this Agreement to perform below
the standards or deviations therefrom reflected in Section 1. WEST
shall minimize any degradation to its equipment relative to currently applicable
service, where reasonable in view of industry adopted performance standards
and technological developments. Written notice (the "Change Notice ) of any
planned changes in standards for any Network Component which could impact
that Network Component will be provided at least ninety (90) days (or at the
make/buy point) prior to the planned implementation. If A T& T notifies
WEST of how the proposed change may adversely impact T& T or its
Customers within fourteen (14) calendar days after receipt of V WEST's
Change Notice, V WEST and T& T will schedule joint discussions to address
and attempt to resolve the matter, including without limitation consideration of
proposed alternatives. In addition, if V WEST learns that any Network
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 17
Component purchased by T& T under this Agreement has been permitted
(even if not intentionally) to fall materially below the level or specification in
effect as of the Effective Date, U WEST shall inform T& T immediately.
Nothing in this Agreement shall be construed as an agreement by the
parties to waive any continuing legal requirement that U S WEST need
only provide access to or interconnection with its network as it exists at
the time that AT&T may request such access, as opposed to a yet unbuilt
superior one. Modifications to U S WEST's network may be limited to
those required to accommodate interconnection or access to unbundled
network elements. Nothing in this agreement shall constitute a waiver of
any obligation that U S WEST has to meet applicable state or federal
standards respecting the nature, extent, or capabilities of its network that
serves customers in Idaho:
For purposes of providing interconnection to AT&T, in no event shall
U S WEST be required to provide a level of service superior to that which it
provides to Itself.
These preceding conditions shall be applicable for the entire contract and take
precedence over any other conflicting section. The absence of specific references to
this Section in potentially conflicting sections is not to be construed to mean that this
Section does not apply.
4The Parties recognize that services and processes to be provided or followed
by US WEST may deviate from those desired by AT&T or otherwise outlined in
this Agreement. Due to the manner in which U S WEST has chosen to adopt
its own processes or implement industry standards into the design of its
services or support functions, some of the services or support functions
deployed within U S WEST may not adhere to all the specifications set forth
and described in this Agreement. Within forty-five (45) days after a request by
either Party, the Parties will develop processes by which U S WEST will inform
AT&T of the standards known by U S WEST to differ from standards referenced
in this Agreement for services or support functions actually provided to AT&T.
In addition, the Parties agree that such documented by U S WEST pursuant to
such process shall, to the extent permitted by FCC and Board rules and
regulations, supersede sections of this Agreement referencing such standards,
services, or functions.
Most Favored Nation Terms and Treatment
Until such time as there is final court determination interpreting Section 252(i) of the Act,
U S WEST shall make available to T& T the terms and conditions of any other
agreement for interconnection, unbundled network elements and resale services
approved by the Commission under Section 252 of the Act, in that agreements entirety.
9 Per Sixth Order, at p. 4.10 Per Fifth Order, at p. 1311 Per Sixth Order, at p. 5.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 18
After there is final court determination interpreting Section 252(i) of the Act, the Parties
agree to revise this Section 2. 1 to reflect such interpretation
Payment
In consideration of the services provided by US WEST under this Agreement, A T& T shall
pay the charges set forth in Attachment to this Agreement. The billing procedures for
charges incurred by A T& T hereunder are set forth in Attachment to this Agreement.
3.2
3.4
Taxes
Amounts payable under this Agreement, unless reasonably disputed, are due and payable
within thirty (30) days after the date of U WESTs invoice or within twenty (20) days of
receipt of the invoice, whichever is later. If the payment due date is not Business Day, the
payment shall be made the next Business Day.
A late payment charge of 5% applies to all billed balances, not reasonably disputed, which
are not paid within the applicable time period set forth in Section above. To the extent
A T& T pays the billed balance on time, but the amount of the billed balance is reasonably
disputed by A T& T, and, it is later determined that refund is due A T& T, interest shall be
payable on the refunded amount in the amount of 5% per month. To the extent AT&T
pays the billed balance on time, but the amount of the billed balance is reasonably disputed
by AT&T, and, it is later determined that no refund is due AT&T, no interest shall be payable
on the disputed amount.
Late payment charges shall not be used as a credit" to deposit, if any, without the express
approval of U WEST.
Unless specified otherwise in this Agreement, U WEST shall bill all amounts due from
AT&T for each resold service in accordance with the terms and conditions as specified in
the US WEST tariff.
Any federal, state or local excise, sales, or use taxes (excluding any taxes levied on income)
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. Any such taxes shall be shown as separate
items on applicable billing documents between the Parties. The Party so obligated to pay
any such taxes may contest the same in good faith, at its own expense, and shall be entitled
to the benefit of any refund or recovery, provided that such Party shall not permit any lien to
exist on any asset of the other Party by reason of the contest. The Party obligated to collect
and remit taxes shall cooperate fully in any such contest by the other Party by providing
records, testimony and such additional information or assistance as may reasonably be
necessary to pursue the contest. To the extent sale is claimed to be for resale tax
exemption, the purchasing Party shall furnish the providing Party proper resale tax
exemption certificate as authorized or required by statute or regulation by the jurisdiction
providing said resale tax exemption. Failure to timely provide said resale tax exemption
certificate will result in no exemption being available to the purchasing Party during the
applicable reporting period.
Intellectual Property
12 Per Third Order, at pp. 1-
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 19
Obligations of Party Requesting Access. As a condition to the access or use of
patents, copyright, trade secrets, and other intellectual property (including software)
owned or controlled by a third party to the extent necessary to implement this
Agreement or specifically required by the then applicable federal and state rules and
regulations relating to Interconnection and access to telecommunications facilities
and services ("Third Party Intellectual Property ), the Party providing access may
require the other, upon written notice from time to time, to obtain a license or
permission for such access or use of Third Party Intellectual Property, make all
payment, if any, in connection with obtaining such license, and provide evidence of
such license.
Obligations of Party Providing Access. The Party providing access shall provide a list
of all known and necessary Third Party Intellectual Property applicable to the other
Party, and take all necessary and appropriate steps to facilitate the negotiation of any
mandatory licenses. The Party providing access shall undertake such steps in good
faith and shall encourage the Third Party Intellectual Property Owner to grant any
mandatory licenses. The treatment of third party licenses shall be in accordance with
FCC rules and regulations and/or judicial determinations.
Any intellectual property jointly developed in the course of performing this
Agreement shall belong to both Parties who shall have the right to grant non-
exclusive licenses to third parties except as otherwise designated in writing by one
Party to another. Any intellectual property which originates from or is developed by
a Party shall remain the exclusive ownership of that Party. Except for a limited
license to use patents or copyrights to the extent necessary for the Parties to use
any facilities or equipment (including software) or to receive any service solely as
provided under this Agreement, no license in patent, copyright, trademark or trade
secret, or other proprietary or intellectual property presently or hereafter owned
controlled or licensable by a Party, is granted to the other Party or shall be implied
or arise by estoppel.
If, after the Party providing access under this Agreement has met all of its
obligation set forth pursuant to this Section 5, the other Party fails to obtain a
license or permission for access or use of Third Party Intellectual Property, the
Party providing access shall have no indemnification obligation hereunder for any
loss, cost, claim, liability, damage and expense, including reasonable attorney
fees, to third parties, relating to or arising out of the failure of the other Party to
obtain such license or permission. The applicability of Section 18 indemnification
rights in the case of Third Party Intellectual Property shall be contingent upon
compliance with all obligations under this Section 5.
Severability
6. 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 will
negotiate in good faith for replacement language. If any part of this Agreement is held to be
invalid or unenforceable for any reason, such invalidity or unenforceability will affect only the
portion of this Agreement which is invalid or unenforceable. In all other respects this
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 20
Agreement will stand as if such invalid or unenforceable provision had not been part
hereof, and the remainder of this Agreement shall remain in full force and effect.
Responsibility for Environmental Contamination
T& T shall in no event be liable to US WEST for any costs whatsoever resulting from the
presence or release of any environmental hazard T& T did not introduce to the affected
work location. US WEST shall, at T& T's request, indemnify, defend, and hold harmless
T& T, and each of its officers, directors and employees from and against any losses,
damages, claims, demands, suits, liabilities, fines, penalties and expenses (including
reasonable attorneys' fees) arising out of or resulting from (a) any environmental hazard
US WEST, its contractors or agents introduce to the work location, or (b) the presence or
release of any environmental hazard for which U WEST is responsible under applicable
law.
US WEST shall in no event be liable to T& T for any costs whatsoever resulting from the
presence or release of any environmental hazard U WEST did not introduce to the
affected work location. T& T shall, at US WEST's request, indemnify, defend, and hold
harmless U WEST, and each of its officers, directors and employees from and against any
losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including
reasonable attorneys' fees) arising out of or resulting from (a) any environmental hazard
T& T, its contractors or agents introduce to the work location, or (b) the presence of release
of any environmental hazard for which T& T is responsible under applicable law.
In the event any suspect materials within U WEST-owned, operated or leased facilities are
identified to be asbestos-containing, T& T will ensure that, to the extent any activities which
it undertakes in the facility disturb such suspect materials, such T& T activities will be in
accordance with applicable local, state and federal environmental and health and safety
statutes and regulations. Except for abatement activities undertaken by T& T or equipment
placement activities that result in the generation of asbestos containing material T& T shall
not have any responsibility for managing, nor be the owner of, not have any liability for, or in
connection with, any asbestos containing material. U WEST agrees to immediately notify
T& T if US WEST undertakes any asbestos control or asbestos abatement activities that
potentially could affect T& T equipment or operations, including, but not limited to,
contamination of equipment.
7.4 Each Party will be solely responsible, at its own expense, for proper handling, storing,
transport and disposal of all (a) substances or materials that it or its contractors or agents
bring to, create or assume control over at work locations, or (b) waste resulting therefrom or
otherwise generated in connection with its or its contractors' or agents' activities at the work
locations.
Branding
This section describes U S WEST's obligations to offer branded and unbranded
services to AT&T.
Where technically feasible, US WEST will offer AT&T branded directory assistance
and operator services. Where branding is not technically feasible, U S WEST will be
13 Per First Order at pages 18-19; Third Order, at 2-
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 21
required to unbrand directory assistance and operator services. U S WEST shall be
able to recover its costs for providing branding and/or unbranding.
(Intentionally left blank for numbering consistency)
(Intentionally left blank for numbering consistency)
U S WEST will not be required to rebrand uniforms and vehicles. If a U S WEST
service representative is dispatched to an AT&T customer at the request of AT&T
that U S WEST representative shall identify themselves as being present on behalf of
AT&T.
US WEST service representatives dispatched on behalf of AT&T shall leave behind
AT&T supplied information necessary for the service call. This information must
contain a conspicuous disclaimer that U S WEST does not necessarily endorse the
content of the information. However, as provided in this Agreement, neither AT&T
nor U S WEST personnel shall disparage the other company in any manner during a
service call and shall not utilize the service call to market either company s products
unless requested by the customer.
US WEST shall provide, for A T& s review, the methods and procedures, training
and approaches to be used by US WEST to assure that US WEST meets AT&T's
branding requirements.
This Section shall confer on U WEST no rights to the service marks, trademarks
and trade names owned by or used in connection with services by A T& T or its
Affiliates, except as expressly permitted by A T& T.
Independent Contractor Status
9. 1 Nothing contained herein shall constitute the Parties as joint venturers, partners, employees
or agents of one another, and neither Party shall have the right or power to bind or obligate
the other.
Each Party is an independent contractor, and has and hereby retains the right to exercise
full control of and supervision over its own performance or its obligations under this
Agreement and retains full control over the employment, direction, compensation and
discharge of all employees assisting in the performance of such obligations. Each Party will
be solely responsible for all matters relating to payment of such employees, including
compliance with social security taxes, withholding taxes, and other payroll taxes with respect
to their respective employees, as well as any taxes, contributions or other obligations
imposed by applicable state unemployment or workers' compensation acts and all other
regulations governing such matters. Each Party has sole authority and responsibility to hire,
fire and otherwise control its employees.
Subject to the limitations on liability and except as otherwise provided in this Agreement
each Party shall be responsible for (a) its own acts and performance of all obligations
14 Per First Order at 19.
15 Per First Order at 19.
16 Per First Order at 19.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
10.
11.
12.
13.
Page 22
imposed by applicable law in connection with its activities, legal status and property, real or
personal, and (b) the acts of its own Affiliates, employees, agents and contractors during the
performance of that Party's obligations hereunder. Except for provisions herein expressly
authorizing one Party to act for the other, nothing in this Agreement shall constitute Party
as legal representative or agent of the other Party, nor shall Party have the right or
authority to assume, create or incur any liability or any obligation of any kind, express or
implied, against or in the name or on behalf of the other Party unless otherwise expressly
permitted by such other Party. Except as otherwise expressly provided in this Agreement,
neither Party shall undertake to perform any obligation of the other Party, whether regulatory
or contractual, or to assume any responsibility for the management of the other Party
business.
Referenced Documents
10.All references to Sections, Exhibits, and Schedules shall be deemed to be references to
Sections of, and Exhibits and Schedules to, this Agreement unless the context shall
otherwise require. Whenever any provision of this Agreement refers to technical
reference, technical publication, A T& T practice, US WEST practice, any publication of
telecommunications industry administrative or technical standards, or any other document
specifically incorporated into this Agreement, it will be deemed to be reference to the mostrecent version or edition (including any amendments, supplements, addenda, or
successors) or such document that is in effect, and will include the most recent version or
edition (including any amendments, supplements, addenda, or successors) of each
document incorporated by reference in such technical reference, technical publication
A T& T practice, US WEST practice, or publication of industry standards, unless A T& T elects
otherwise.
Publicity and Advertising
11. 1 Neither Party shall publish or use any advertising, sales promotions or other publicity
materials that use the other Partys logo, trademarks or service marks without the prior
written approval of the other Party.
Executed in Counterparts
12. 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.
Headings Not Controlling
13.The headings and numbering of Sections, Parts, Appendices and Attachments in this
Agreement are for convenience only and shall not be construed to define or limit any of the
terms herein or affect the meaning or interpretation of this Agreement.
14.Joint Work Product
14. 1 This Agreement is the joint work product of the Parties and has been negotiated by the
Parties and their respective counsel and shall be fairly interpreted in accordance with its
terms and, in the event of any ambiguities, no inferences shall be drawn against either Party.
15.Survival
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
16.
17.
18.
15.
Page 23
Any liabilities or obligations of Party for acts or omissions prior to the cancellation or
termination of this Agreement; any obligation of Party under the provisions regarding
indemnification, confidential information, limitation 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 thereof.
Effective Date
16.This Agreement shall become effective pursuant to Sections 251 and 252 of the Act, on
Amendment of Agreement
17. 1 Except as otherwise provided in this Agreement, no amendment or waiver of any provision
of this Agreement, and no consent to any default under this Agreement, shall be effective
unless the same is in writing and signed by an officer of the Party against whom such
amendment, waiver or consent is claimed. If either Party desires an amendment to this
Agreement during the term of this Agreement, it shall provide written notice thereof to the
other Party describing the nature of the requested amendment. If the Parties are unable to
agree on the terms of the amendment within thirty (30) days after the initial request therefor
the Party requesting the amendment may invoke the dispute resolution process under
Section 27 of this Part A of this Agreement to determine the terms of any amendment to this
Agreement.
Indemnification
18.Notwithstanding any limitations in remedies contained in this Agreement, each Party (the
Indemnifying Party'? will indemnify and hold harmless the other Party ("Indemnified Party'?
from and against any loss, cost, claim, liability, damage and expense, including reasonable
attorneys fees, to third parties, relating to or arising out of the libel, slander, invasion of
privacy, misappropriation of name or likeness, actual or alleged infringement or other
violation or breach of any patent, copyright, trademark, service mark, trade name, trade
dress, trade secret or any other intellectual property presently existing or later created,
negligence or willful misconduct by the Indemnifying Party, its employees, agents, or
contractors in the performance of this Agreement or the failure of the Indemnifying Party to
perform its obligations under this Agreement. In addition, the Indemnifying Party will, to the
extent of its obligations to indemnify hereunder, defend any action or suit brought by third
party against the Indemnified Party.
18.The Indemnified Party will notify the Indemnifying Party promptly in writing of any written
claim, lawsuit, or demand by third parties for which the Indemnified Party alleges that the
Indemnifying Party is responsible under this Section 18 and tender the defense of such
claim, lawsuit or demand to the Indemnifying Party. 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 Partys ability to
defend such claim.
18.The Indemnified Party also will cooperate in eve'Y reasonable manner with the defense or
settlement of such claim, demand, or lawsuit. The Indemnifying Party shall keep the
Indemnified Party reasonably and timely apprised of the status of the claim, demand or
lawsuit. The Indemnified Party shall have the right to retain its own counsel, including in-
house counsel, at its expense, and participate in but not direct the defense; provided,
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
18.4
Page 24
however, that if there are reasonable defenses in addition to those asserted by the
Indemnifying Party, the Indemnified Party and its counsel may raise and direct such
defenses, which shall be at the expense of the Indemnifying Party.
The Indemnifying Party will not be liable under this Section 18 for settlements or
compromises by the Indemnified Party of any claim, demand or lawsuit unless the
Indemnifying Party has approved the settlement or compromise in advance or unless the
defense of the claim, demand or lawsuit has been tendered to the Indemnifying Party in
writing and the Indemnifying Party has failed to timely undertake the defense. In no event
shall the Indemnifying Party settle or consent to any judgment pertaining to any such action
without the prior written consent of the Indemnified Party.
Limitation of Liability
19.Except as otherwise provided in the indemnity section , no Party shall be liable to the other
Party for any loss, defect or equipment failure caused by the conduct of the other Party, the
other Party's agents , servants, contractors or others acting in aid or concert with the other
Party.
19.
19.
19.
(Intentionally left blank to preserve numbering consistency)
In no event shall either Party have any liability whatsoever to the other Party for any indirect
special, consequential, incidental or punitive damages, including, but not limited to, loss of
anticipated profits or revenue or other economic loss in connection with or arising from
anything said, omitted or done hereunder (collectively, "Consequential Damages ), even if
the other Party has been advised of the possibility of such damages; provided, that the
foregoing shall not limit Party s obligation to indemnify, defend and hold the other Party
harmless against any amounts payable to third party, including any losses, costs, fines,
penalties, criminal or civil judgments or settlements, expenses (including attorneys' fees)
and Consequential Damages of such third party. Nothing contained in this section shall limit
either Party's liability to the other for (i) willful or intentional misconduct (including gross
negligence); or (ii) bodily injury, death or damage to tangible real or tangible personal
property proximately caused by such Party's negligent act or omission or that of their
respective agents, subcontractors or employees. Notwithstanding the provisions of
Section 19.3, to the extent that WEST tariffs contain limitations on liability, A T& T
shall submit language for inclusion in its Intrastate retail tariffs, that is substantially
similar to the limitation of liability language contained in WEST's tariffs, and such
limitations of liability shall govern for Customer claims. In addition, notwithstanding
the provisions of Section 19.3, to the extent that the Commission s quality of service
rules provide for remedies to A T& T or its Customers for Customer claims, then those
remedies shall govern as to such claims.
Term of Agreement
20,This Agreement shall be effective for period of three (3) years, and thereafter shall
continue in force and effect unless and until new agreement, addressing all of the terms of
this Agreement, becomes effective between the Parties. The Parties shall commence
negotiations on new agreement no later than one (1) year prior to the expiration of the
term of this Agreement. Either Party may request resolution of open issues in accordance
20.
17 Per Third Order, at pp. 3-
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
21.
22.
23.
Page 25
with the provisions of Section 27 of this Part A of this Agreement, Dispute Resolution
beginning nine (9) months prior to the expiration of this Agreement. Any disputes regarding
the terms and conditions of the new interconnection agreement shall be resolved in
accordance with said Section 27 and the resulting agreement shall be submitted to the
Commission. This Agreement shall remain in effect until new interconnection agreement
approved by the Commission has become effective,
Governing Law
21.This Agreement shall be governed by and construed in accordance with the Act and the
FCC's rules and regulations, except insofar as state law may control any aspect of this
Agreement, in which case the domestic laws of the State of Idaho, without regard to its
conflicts of laws principles, shall govern.
Cancellation Charges
22. 1 Except as provided pursuant to Bona Fide Request, or as otherwise provided in any
applicable tariff or contract referenced herein, no cancellation charges shall apply.
Regulatory Approvals
23. 1 This Agreement, and any amendment or modification hereof, will be submitted to the
Commission for approval in accordance with Section 252 of the Act. In the event any
governmental authority or agency rejects any provision hereo~ the Parties shall negotiate
promptly and in good faith such revisions as may reasonably be required to achieve
approval.
23.US WEST shall provide A T& T summary describing the proposed changers) to each
Telecommunications Service which is available pursuant to this Agreement. US WEST
shall also provide AT&T summary describing the proposed changers) of each intrastate
and interstate tariff which provides for an Interconnection, unbundled Network Element or
Ancillary Service that is available pursuant to this Agreement. Such summaries shall be
available through an internet Web page to be posted on the same day the proposed change
is filed with the Commission or the FCC or at least thirty (30) days in advance of its effective
date, whichever is earlier.
23.In the event any governmental authority or agency orders U WEST to provide any service
covered by this Agreement in accordance with any terms or conditions that individually differ
from one or more corresponding terms or conditions of this Agreement, A T& T may elect to
amend this Agreement to reflect any such differing terms or conditions contained in such
decision or order, with effect from the date A T& T makes such election. The other services
covered by this Agreement and not covered by such decision or order shall remain
unaffected and shall remain in full force and effect.
23.4 The Parties intend that any additional services requested by either Party relating to the
subject matter of this Agreement will be incorporated into this Agreement by amendment.
24.Compliance
24. 1 Each Party shall comply with all applicable federal, state, and local laws, rules and
regulations applicable to its performance under this Agreement.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
25.
24.
24.
Page 26
Each Party represents and warrants that any equipment, facilities or services provided to the
other Party under this Agreement comply with the Communications Law Enforcement Act of
1994 CALEA'). Each Party (the "Indemnifying Party) shall indemnify and hold the other
Party (the "Indemnified Party') harmless from any and all penalties imposed upon the
Indemnified Party for such noncompliance and shall, at the Indemnifying Partys sole cost
and expense, modify or replace any equipment, facilities or services provided to the
Indemnified Party under this Agreement to ensure that such equipment, facilities and
services fully comply with CALEA.
All terms, conditions and operations under this Agreement shall be performed in accordance
with all applicable laws, regulations and judicial or regulatory decisions of all duly constituted
governmental authorities with appropriate jurisdiction, and this Agreement shall be
implemented consistent with the FCC Interconnection Order and any applicable
Commission orders. Each Party shall be responsible for obtaining and keeping in effect all
FCC, Commission, franchise authority and other regulatory approvals that may be required
in connection with the performance of its obligations under this Agreement. In the event the
Act or FCC or Commission rules and regulations applicable to this Agreement are held
invalid, this Agreement shall survive, and the Parties shall promptly renegotiate any
provisions of this Agreement which, in the absence of such invalidated Act, rule or
regulation, are insufficiently clear to be effectuated, violate, or are either required or not
required by the new rule or regulation. During these negotiations, each Party will continue to
provide the same services and elements to each other as are provided for under this
Agreement. Provided, however, that either Party shall give ten (10) Business Days notice.
if it intends to cease any development of any new element or service that is not at that time
being provided pursuant to this Agreement. In the event the Parties cannot agree on an
amendment within thirty (30) days from the date any such rules, regulations or orders
become effective, then the Parties shall resolve their dispute, including liability for non-
compliance with the new clause or the cost, if any, of performing activities no longer required
by the rule or regulation during the renegotiation of the new clause under the applicable
procedures set forth in Section 27 herein.
Force Majeure
25. 1 Neither Party shall be liable for any delay or failure in performance of any part of this
Agreement from any cause beyond its control and without its fault or negligence including,
without limitation, acts of nature, acts of civil or military authority, embargoes, epidemics,
terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods,
work stoppages, equipment failure, power blackouts, volcanic action, other major
environmental disturbances, unusually severe weather conditions, inability to secure
products or services of other persons or transportation facilities or acts or omissions of
transportation carriers. No delay or other failure to perform shall be excused pursuant to this
Section 25 unless such delay or failure and the consequences thereof are beyond the
control and without the fault or negligence of the Party claiming excusable delay or other
failure to perform. In the event of any such excused delay in the performance of Party
obligation(s) under this Agreement, the due date for the performance of the original
obligation(s) shall be extended by term equal to the time lost by reason of the delay. In the
event of such delay, the delaying Party shall perform its obligations at performance level
no less than that which it uses for its own operations. In the event of labor dispute or
strike, the Parties agree to provide service to each other at level equivalent to the level
they provide themselves. In the event of labor dispute or strike or work stoppage that
continues for period in excess of forty-eight (48) hours, AT&T may obtain replacement
services for those services affected by such labor dispute or strike or work stoppage, in
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
26.
Page 27
which event any liability of A T& T for the affected services shall be suspended for the period
of the work stoppage or labor dispute or strike. In the event of such performance delay or
failure by US WEST, US WEST agrees to resume performance in nondiscriminatory
manner and not favor its own provision of Telecommunications Services above that
AT&T.
26.
Escalation Procedures
A T& T and US WEST agree to exchange escalation lists which reflect contact personnel
including vice president-level officers. These lists shall include name, department, title,
phone number, and fax number for each person. A T& T and US WEST agree to exchange
up-to-date lists as reasonably necessary.
27.
Dispute Resolution27.
27.
27.
If any claim, controversy or dispute between the Parties, their agents, employees
officers, directors or affiliated agents ("Dispute ) cannot be settled through
negotiation, it may be resolved by arbitration conducted by single arbitrator
engaged in the practice of law, under the then current rules of the American
Arbitration Association ("AAA"). The Federal Arbitration Act C. Secs. 16, not
state law, shall govern the arbitrability of all Disputes. The arbitrator shall not have
authority to award punitive damages. All expedited procedures prescribed by the
AAA rules shall apply. The arbitrator s award shall be final and binding and may be
entered in any court having jurisdiction thereof and shall be noticed to the
Commission. The arbitrator shall determine which Party or Parties will bear the costs
of arbitration, including apportionment, if appropriate. The laws of Idaho shall
govern the construction and interpretation of this Agreement, and the arbitration
shall occur in Denver, Colorado.
In the event A T& T and U WEST are unable to agree on certain issues during the
term of this Agreement, the Parties may identify such issues for arbitration before the
Commission. Only those points identified by the Parties for arbitration will be
submitted.
If Dispute is submitted to arbitration pursuant to Section 27.above, the
procedures described in this Section 27.shall apply, notwithstanding the then
current rules of the AAA. Discovery shall be controlled by the arbitrator and shall be
permitted to the extent set forth below. Each party may submit in writing to Party,and that Party shall so respond, to an agreed amount of the following:
interrogatories, demands to produce documents, and requests for admission. Not
less than ten (10) days prior to the arbitration hearing, the Parties shall exchange
witness and exhibit lists. Deposition discovery shall be controlled by the arbitrator.
Additional discovery may be permitted upon mutual agreement of the Parties or the
determination of the arbitrator. The arbitration hearing shall be commenced within
thirty (30) days after demand for arbitration by either Party and shall be held in
Denver, Colorado. The arbitrator shall control the scheduling so as to process the
matter expeditiously. The Parties may submit written briefs. The arbitrator shall rule
on the dispute by issuing written opinion within seven (7) days after the close of the
hearings. The times specified in this section may be extended upon mutual
agreement of the Parties or by the arbitrator upon showing of good cause. The
18 Per First Order at 48-
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
28.
Page 28
decision of the arbitrator shall be final and binding upon the Parties and judgment
upon the award rendered by the arbitrator may be entered in court having
jurisdiction. The decision shall also be submitted to the Commission.
28.
Nondisclosure
28.
28.
28.4
All information, including, but not limited to, specifications, microfilm, photocopies, magnetic
disks, magnetic tapes, drawings, sketches, models, samples, tools, technical information
data, employee records, maps, financial reports, and market data (a) furnished by one Party
to the other Party dealing with Customer specific, facility specific, or usage specific
information, other than Customer information communicated for the purpose of publication of
directory database inclusion, or (b) in written, graphic, electromagnetic, or other tangible
form and marked at the time of delivery as Confidential" or "Proprietary", or (c) declared
orally or in writing to the Recipient at the time of delivery, or by written notice given to the
Recipient within ten (10) days after delivery, to be "Confidential" or "Proprietary" (collectively
referred to as Proprietary Information ?, shall remain the property of the Discloser. Party
who receives Proprietary Information via an oral communication may request written
confirmation that the material is Proprietary Information. Party who delivers Proprietary
Information via an oral communication may request written confirmation that the Party
receiving the information understands that the material is Proprietary Information.
Upon request by the Discloser, the Recipient shall return all tangible copies of Proprietary
Information, whether written, graphic or otherwise, except that the Recipient's legal counsel
may retain one (1) copy for archival purposes.
Each Party shall keep all of the other Partys Proprietary Information confidential and shall
use the other Partys Proprietary Information only in connection with this Agreement.
Neither Party shall use the other Party's Proprietary Information for any other purpose
except upon such terms and conditions as may be agreed upon between the Parties in
writing.
Unless otherwise agreed, the obligations of confidentiality and non-use set forth in this
Agreement do not apply to such Proprietary Information that:
28.4. 1 was, at the time of receipt, already known to the Recipient free of any obligation to
keep it confidential evidenced by written records prepared prior to delivery by the
Discloser; or
28.4.is or becomes publicly known through no wrongful act of the Recipient; or
28.4.is rightfully received from third person having no direct or indirect secrecy or
confidentiality obligation to the Discloser with respect to such information; or
28.4.4 is independently developed by an employee, agent, or contractor of the Recipient
which individual is not involved in any manner with the provision of services
pursuant to this Agreement and does not have any direct or indirect access to the
Proprietary Information; or
28.4.is approved for release by written authorization of the Discloser; or
28.4.is required by law court, or governmental agency, provided that the Discloser has
been notified of the requirement promptly after the Recipient becomes aware of the
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
29.
28.
28.
28.7
28.
28.
Notices
29.
Page 29
requirement, and provided that the Recipient undertakes all lawful measures to
avoid disclosing such information until the Discloser has had reasonable time to
obtain protective order. The Recipient agrees to comply with any protective order
that covers the Proprietary Information to be disclosed.
For period of ten (10) years from receipt of Proprietary Information, the Recipient shall (a)
use it only for the purpose of performing under this Agreement, (b) hold it in confidence and
disclose it only to employees, authorized contractors and authorized agents who have
need to know it in order to perform under this Agreement, and (c) safeguard it from
unauthorized use or disclosure using no less than the degree of care with which the
Recipient safeguards its own Proprietary Information. Any authorized contractor or agent to
whom Proprietary Information is provided must have executed written agreement
comparable in scope to the terms of this Section. Each Party shall provide advance notice
of three (3) Business Days to the other of the intent to provide Proprietary information to
governmental authority and the Parties shall cooperate with each other in attempting to
obtain suitable protective order.
Each Party agrees that the Discloser would be irreparably injured by breach of this Section
28 by the Recipient or its representatives and that the Discloser shall be entitled to seek
equitable relie~ including injunctive relief and specific performance, in the event of any
breach of this Section 28. Such remedies shall not be exclusive but shall be in addition to all
other remedies available at law or in equity.
CPNI related to either Partys subscribers obtained by virtue of Local Interconnection or any
other service provided under this Agreement shall be the Discloser's Proprietary Information
and may not be used by the Recipient for any purpose except performance of its obligations
under this Agreement, and in connection with such performance, shall be disclosed only to
employees, authorized contractors and authorized agents with need to know, unless the
subscriber expressly directs the Discloser to disclose such information to the Recipient
pursuant to the requirements of Section 222(c)(2) of the Act. If the Recipient seeks and
obtains written approval to use or disclose such CPNI from the Discloser, such approval
shall be obtained only in compliance with Section 222(c)(2) and, in the event such
authorization is obtained, the Recipient may use or disclose only such information as the
Discloser provides pursuant to such authorization and may not use information that the
Recipient has otherwise obtained, directly or indirectly, in connection with its performance
under this Agreement.
Except as otherwise expressly provided in this Section 28, nothing herein shall be construed
as limiting the rights of either Party with respect to its subscriber information under any
applicable law, including, without limitation, Section 222 of the Act.
Effective Date Of This Section. Notwithstanding any other provision of this Agreement, the
Proprietary Information provisions of this Agreement shall apply to all Proprietary Information
furnished by either Party with claim of confidentiality or proprietary nature at any time.
Except as otherwise provided herein, all notices or other communication hereunder shall be
deemed to have been duly given when made in writing and delivered in person or deposited
in the United States mail, certified mail, postage prepaid, return receipt requested, or
delivered by prepaid overnight express mail, and addressed as follows:
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
30.
31.
Page 30
To AT&T:AT&T
Vice President, Local Services
1875 Lawrence Street
Denver, Colorado 80202
Copy to:AT&T
Vice President, Law
1875 Lawrence Street
Denver, Colorado 80202
To US WEST:WEST
Executive Director Interconnect Services
1801 California, 23rd Floor
Denver, Colorado 80202
Copy to:WEST, Inc.
Senior Counsel, Law Dept.
7800 East Orchard Road, Suite 480
Englewood, Colorado 80111
29.2 If personal delivery is selected to give notice, receipt of such delivery shall be obtained.
The address to which notices or communications may be given to either Party may be
changed by written notice given by such Party to the other pursuant to this Section 29.
Assignment
30.Neither Party may assign, transfer (whether by operation of law or otherwise) or delegate
this Agreement (or any rights or obligations hereunder) to third party without the prior
written consent of the other Party, which consent shall not be unreasonably withheld
provided that each Party may assign this Agreement to an Affiliate or an entity under its
common control or an entity acquiring all or substantially all of its assets or equity by
providing prior written notice to the other Party of such assignment or transfer. Any
attempted assignment or transfer that is not permitted under the provisions of this Section
30 is void ab initio.Without limiting the generality of the foregoing, this Agreement shall be
binding upon and shall inure to the benefit of the Parties' respective successors and assigns.
No assignment or delegation hereof shall relieve the assignor of its obligations under this
Agreement.
30.If any obligation of U WEST under this Agreement is performed by subcontractor or
Affiliate, U WEST shall remain fully responsible for the performance of this Agreement in
accordance with its terms, and U WEST shall be solely responsible for payments due to
its subcontractors.
30.If any obligation of T& T under this Agreement is performed by subcontractor or Affiliate,
T& T shall remain fully responsible for the performance of this Agreement in accordance
with its terms, and T& T shall be solely responsible for payments due to its subcontractors.
Warranties
31.WEST shall conduct all activities and interfaces which are provided for under this
Agreement with T& T Customers in carrier-neutral, nondiscriminatory manner.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
31.
Page 31
WEST warrants that it has provided, and during the term of this Agreement it will
continue to provide, to T& T true and complete copies of all material agreements in effect
between US WEST and any third party (including Affiliates) providing any services to T& T
on behalf of or under contract to U WEST in connection with U WEST's performance of
this Agreement, or from whom U WEST has obtained licenses or other rights used by
WEST to perform its obligations under this Agreement, provided, however, that
WEST may provide such agreements under appropriate protective order.
Default
32. 1 In the event of breach of any material provision of this Agreement by either Party, the
non-breaching Party shall give the breaching Party and the Commission written notice
thereo~ and:
32.
32.
32.
32.4
32.if such material breach is for non-payment of amounts due hereunder pursuant to
Section 3.2 of Part of this Agreement, the breaching Party shall cure such breach
within thirty (30) days of receiving such notice. The non-breaching Party shall be
entitled to pursue all available legal and equitable remedies for such breach.
Amounts disputed in good faith and withheld or set off shall not be deemed
amounts due hereunder" for the purpose of this provision.
32.if such material breach is for any failure to perform in accordance with this
Agreement, which, in the sole judgment of the non-breaching Party, adversely
affects the non-breaching Party's subscribers, the non-breaching Party shall give
notice of the breach and the breaching Party shall cure such breach to the non-
breaching Party's reasonable satisfaction within ten (10) calendar days or within
period of time equivalent to the applicable interval required by this Agreement,
whichever is shorter. If the breaching Party does not cure such breach within the
applicable time period, the non-breaching Party may, at its sole option, terminate
this Agreement, or any parts hereof. The non-breaching Party shall be entitled to
pursue all available legal and equitable remedies for such breach. Notice under this
Subsection 32. 1.may be given electronically or by facsimile, provided that hard
copy or original of such notice is sent by overnight delivery service.
32.if such material breach is for any other failure to perform in accordance with this
Agreement, the breaching Party shall cure such breach to the non-breaching Party'
reasonable satisfaction within forty-five (45) calendar days, and, if it does not, the
non-breaching Party may, at its sole option, terminate this Agreement, or any parts
hereof. The non-breaching Party shall be entitled to pursue all available legal and
equitable remedies for such breach.
T& T may terminate this Agreement in whole at any time only for cause upon sixty (60)
calendar days' prior written notice. T& T's sole liability shall be payment of amounts due
for services provided or obligations assumed up to the date of termination.
In the event of any termination under this Section US WEST and T& T agree to
cooperate to provide for an uninterrupted transition of services to T& T or another vendor
designated by T& T to the extent that US WEST has the ability to provide such
cooperation.
Notwithstanding any termination hereof, the Parties shall continue to comply with their
obligations under the Act.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
33.
34.
35.
Page 32
Remedies
33.In the event US WEST fails to switch subscriber to T& T service as provided in this
Agreement, U WEST shall reimburse T& T in an amount equal to all fees paid by such
subscriber to U WEST for such failed-to-be-transferred services from the time of such
failure to switch to the time at which the subscriber switch is accomplished. This remedy
shall be in addition to all other remedies available to T& T under this Agreement or
otherwise available.
33.All rights of termination, cancellation or other remedies prescribed in this Agreement, or
otherwise available, are cumulative and are not intended to be exclusive of other remedies
to which the injured Party may be entitled at law or equity in case of any breach or
threatened breach by the other Party of any provision of this Agreement. Use of one or
more remedies shall not bar use of any other remedy for the purpose of enforcing the
provisions of this Agreement.
Waivers
34.No waiver of any provisions of this Agreement and no consent to any default under this
Agreement shall be effective unless the same shall be in writing and properly executed by or
on behalf of the Party against whom such waiver or consent is claimed.
34.2 No course of dealing or failure of either Party to strictly enforce any term, right, or condition
of this Agreement in any instance shall be construed as a general waiver or relinquishment
of such term, right or condition.
34.Waiver by either Party of any default or breach by the other Party shall not be deemed
waiver of any other default or breach.
34.4 By entering into this Agreement, neither Party waives any right granted to it pursuant to the
Act.
No Third Party Beneficiaries
35. 1 The provisions of this Agreement are for the benefit of the Parties hereto and not for any
other person; provided, however, that this shall not be construed to prevent T& T from
providing its Telecommunications Services to other carriers. This Agreement shall not
provide any person not party hereto with any remedy, claim, liability, reimbursement, claim
of action, or other right in excess of those existing without reference hereto.
36.Physical Security
36.US WEST shall exercise the same degree of care to prevent harm or damage to T& Tor
its employees, agents or subscribers, or its property as WEST provides itself. T& T
shall exercise the same degree of care to ensure the security of its equipment physically
collocated within US WEST's space as A T& T provides such security to itself.
36. 1. 1 WEST will restrict access to approved personnel to U WEST's buildings.
T& T is responsible for the action of its employees and other authorized non-A T& T
personnel; U WEST is responsible for the action of its employees and other
authorized non-WEST personnel.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
37.
38.
36.
Page 33
US WEST will furnish to A T& T the current name(s) and telephone number(s) of
those central office supervisor(s) where physical Collocation arrangement exists.
The central office supervisor(s) will be the only US WEST employee(s) with
access to AT&T collocation space.
36.WEST will comply at all times with U WEST security and safety procedures
at the individual central office locations where A T& T has physical Collocation
arrangements. The Parties will cooperate to analyze security procedures of each
company to evaluate ways in which security procedures of US WEST may
enhanced.
36. 1.4 US WEST will allow A T& T to inspect or observe its physical spaces which house or
contain A T& T equipment or equipment enclosures at any time upon completion of
the physical Collocation quotation. Upon completion of the build out of the physical
space, US WEST will furnish A T& T with all keys, entry codes, lock combinations,
or other materials or information which may be needed to gain entry via direct
access to T& T's physical space.
36.US WEST agrees to logically partition any US WEST owned access device
systems, whether biometric or card reader, or types which are encoded identically
or mechanical coded locks on external and or internal doors to spaces which house
T& T equipment.
36.WEST agrees to limit the keys used in its keying systems for spaces which
contain T& T equipment to the US WEST supervisor for the specific facility to
emergency access only. A T& T shall further have the right to change locks where
deemed necessary for the protection and security of its physical spaces and will
provide the U WEST supervisor with the current key.
36.US WEST shall control unauthorized access from passenger and freight elevators
elevator lobbies and spaces which contain or house T& T equipment or equipment
space in the same manner as WEST provides such control for itself.
36.US WEST will provide notification to designated T& T personnel to indicate an
actual or attempted security breach of T& T physical space in the same time frame
as WEST provides such notification to itself.
Network Security
37.US WEST shall provide an appropriate and sufficient back-up and recovery plan to be used
in the event of system failure or emergency.
37.US WEST shall install controls to (a) disconnect user for pre-determined period of
inactivity on authorized ports; (b) protect subscriber proprietary information; and (c) ensure
both ongoing operational and update integrity.
37.Each Party shall be responsible for the security arrangements on its side of the network to
the Point of Interconnection. The Parties shall jointly cooperate to analyze network security
procedures and cooperate to ensure the systems, access and devices are appropriately
secured and compatible.
Revenue Protection
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
39.
38.
38.
38.
38.4
38.
Page 34
US WEST shall make available to A T& T all present and future fraud prevention or revenue
protection features that U WEST provides to itself or others. These features include, but
are not limited to, operator screening codes, information digits assigned such as information
digits 29' and '70' which indicate prison and COCOT pay phone originating line types
respectively, in accordance with the requirements established by the FCC, call blocking of
domestic, international blocking for business and residence, 900, NPA-976, and specific line
numbers. U WEST shall additionally provide partitioned access to fraud prevention
detection and control functionality within pertinent Operations Support Systems ("OSS'
which include, but are not limited to, Line Information Data Base Fraud monitoring systems.
Uncollectible or unbillable revenues resulting from, but not confined to, provisioning,
maintenance, or signal network routing errors shall be the responsibility of the Party causing
such error.
Uncollectible or unbillable revenues resulting from the accidental or malicious alteration of
software underlying Network Elements or their subtending operational support systems by
unauthorized third parties shall be the responsibility of the Party having administrative
control of access to said Network Element or operational support system software.
Each Party shall be responsible for any uncollectible or unbillable revenues resulting from
the unauthorized use of facilities under its control or services it provides, including clip-on
fraud.
The Parties shall work cooperatively to minimize fraud associated with third-number billed
calls, calling card calls, and any other services related to this Agreement.
39.
Law Enforcement Interface
WEST shall provide all necessary assistance to facilitate the execution of wiretap or
dialed number recorder orders from law enforcement authorities.
40.
Collocation
General Description
40.
40.Collocation is the right of AT&T to obtain dedicated space in U S WEST Local
Serving Office (LSO) or other U S WEST locations, including, but not limited to
U S WEST serving wire center and tandem offices, as well as all buildings or similar
structures owned or leased by U S WEST, whether or not on public rights-of way,
that house U S WEST network facilities , including, but not limited to, vaults
containing loop concentrators or similar structures, and the right to place equipment
in such spaces for the purposes of interconnection with U S WEST's network or
access to U S WEST's unbundled Network Elements. Collocation also includes
U S WEST providing resources necessary for the operation and economical use of
collocated equipment.
40. Collocation is offered for network interconnection between the Parties. A T& T may
cross connect to other collocated parties via facilities provided by U WEST
provided that A T& T's collocated equipment is also used for interconnection with
WEST or access to U WEST's unbundled Network Elements.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
40.
Page 35
A T& T is responsible for bringing its own or leased facilities to the U WEST-
designated Point of Interface ("Pan. U WEST will extend A T& T's facilities from
the POI to the cable vault within the wire center. If necessary, U WEST may bring
the facilities into compliance with U WEST internal fire code standards and extend
the facilities to the collocated space.
40. 1.4 A T& T will be provided two (2) points of entry into the U WEST wire center only
when there are at least two (2) existing entry points for U WEST cable and when
there are vacant entrance ducts in both.
40.AT&T may collocate transmission equipment (including Digital Cross
Connect Systems and Remote Switching Units (RSUs) to terminate basic
transmission facilities. AT&T must identify what equipment will be installed, to
allow for U WEST to use this information in engineering the power, floor loading,
heat release, environmental participant level, and HV AC. At U S WEST's request,
AT&T should be required to demonstrate that the switching capabilities of
any such units have been disabled.
40.
40.(Intentionally left blank for numbering consistency)
40.
40.
Expanded Interconnection Channel Termination (EICT). Telecommunications
interconnection between A T& T's collocated equipment and U WEST's network
may be accomplished via an Expanded Interconnection Channel Termination
(EICT). This element can be at the OS-3, OS-, OS-O, or any other technically
feasible level, subject to network disclosure requirements of the FCC, depending on
the U WEST service to which it is connected. The terms and conditions of the
tariff for EICT are incorporated only to the extent that they are agreed to by the
Parties. Within ninety (90) days (or other acceptable time agreed to by the Parties)
after request, the Parties will meet to review the tariff and seek resolution on
disagreed items.
Consistent with US WEST's internal practice, within ten (10) Business Days of
A T& T's request for any space, U WEST shall provide information available to it
regarding the environmental conditions of the space provided for placement
equipment and interconnection, including, but not limited to, the existence and
condition of asbestos, lead paint, hazardous substance contamination, or radon.
Information is considered "available" under this Agreement if it is in U WEST's
possession or files, or the possession of an agent, contractor, employee, lessor, or
tenant of U WEST's that holds such information on U WEST's behalf.
US WEST shall allow A T& T to perform any environmental site investigations
including, but not limited to, asbestos surveys, which A T& T deems to be necessary
in support of its collocation needs. A T& T shall advise US WEST in writing of its
intent to conduct such investigation, and shall receive written approval from
WEST to proceed. A T& T shall indemnify U WEST according to Section 18
Part A of this Agreement for any loss or claim for damage suffered by U WEST
result of A T& T's actions during any site inspection.
40.10 If the space provided for the placement of equipment, interconnection, or provision
of service contains environmental contamination or hazardous material, particularly,
19 First sentence Per First Order at 5.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 36
but not limited to, asbestos, lead paint or radon, which makes the placement of such
equipment or interconnection hazardous, U WEST shall offer an alternative
space, if available, for A T& T's consideration.
40.Virtual Collocation
40.2. WEST shall provide virtual collocation for the purpose of Interconnection or
access to unbundled Network Elements subject to the rates, terms and conditions
of this Agreement.
40.Upon mutual agreement, A T& T will have physical access to the US WEST wire
center building pursuant to virtual collocation arrangement.
40.2.3 A T& T will be responsible for obtaining and providing to US WEST administrative
codes, e., common language codes, for all equipment specified by AT&T and
installed in wire center buildings.
40.2.4 A T& T will be responsible for payment of training of US WEST employees for the
maintenance, operation and installation of A T& T's virtually collocated equipment
when that equipment is different than the equipment used by US WEST. Training
conditions are further described in the Virtual Collocation Rate Element section
following.
40.2.5 AT&T will be responsible for payment of reasonable charges incurred as a result of
agreed upon maintenance and/or repair of A T& T's virtually collocated equipment.
40.6 US WEST does not guarantee the reliability of AT&T's virtually collocated
equipment, but U WEST is responsible for proper installation, maintenance and
repair of such equipment, including the change out of electronic cards provided by
A T& T.
40.2.7 A T& T is responsible for ensuring the functionality and interoperability of virtually
collocated SONET equipment provided by different manufacturers.
40.8 A T& T as bailor, will transfer possession of A T& T's virtually collocated equipment to
WEST as bailee, for the sole purpose of providing U WEST with the ability to
install, maintain and repair A T& T's virtually collocated equipment. Title to the A T& T
virtually collocated equipment shall not pass to U WEST.
40.2.9 A T& T shall ensure that upon receipt by US WEST of A T& T's virtually collocated
equipment, A T& T will make available all access to ongoing technical support to
WEST as available under the equipment warranty or other terms and
conditions, all at A T& T's expense. A T& T shall advise the manufacturer and seller of
the virtually collocated equipment that it will be installed, maintained and repaired by
WEST.
40.2. 10 A T& T's virtually collocated equipment must comply with the Bellcore Network
Equipment Building System (NEBS) Generic Equipment Requirements TR-NWT-
000063, electromagnetic compatibility (EMC) per GR-1089-CORE, Company wire
center environmental and transmission standards and any statutory (local, state or
federal) and/or regulatory requirements, all of the foregoing which may be in effect
at the time of equipment installation or which may subsequently become effective.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 37
T& T shall provide US WEST interface specifications (e., electrical, functional
physical and software) of T& T's virtually collocated equipment.
40.2. 11 A T& T must specify all software options and associated plug-ins for its virtually
collocated equipment.
40.12 AT&T is responsible for purchasing and maintaining supply of spares. Upon
failure of the T& T virtually collocated equipment T& T is responsible for
transportation and delivery of maintenance spares to U WEST at the wire center
housing the failed equipment.
40.13 Where AT&T is virtually collocated in premises which was initially prepared for
virtual collocation T& T may elect to retain its virtual Collocation in that premises
and expand that virtual Collocation according to the rates, terms and conditions of
this Agreement.
40.Physical Collocation
40.
40.3.2
US WEST shall provide to AT&T physical collocation of equipment
necessary for Interconnection or for access to unbundled Network
Elements, except that U S WEST shall provide for virtual collocation where
space is available or expansion or rearrangement is possible if U S WEST
demonstrates to the Commission that physical collocation is not practical
for technical reasons or because of space limitations, as provided
Section 251(c)(6) of the Act. AT&T shall pay a prorated amount for
expansion of said space. U S WEST shall provide such collocation for the
purpose of Interconnection or access to unbundled Network Elements,
except as otherwise mutually agreed to in writing by the Parties or as
required by the FCC or the Commission, subject to the rates, terms and
conditions of this Agreement.
40.WEST shall permit T& T to use vendors for all required
engineering and installation services associated with its collocated
equipment which are being collocated by T& T pursuant to this
Agreement. Within one hundred and twenty (120) days after
request, U WEST and T& T shall compose and agree on list
of approved vendors and/or agree on minimum qualifications for
such contractors consistent with industry standards, such
agreement not to be unreasonably withheld. In the event such
agreement cannot be reached and the dispute resolution process
outlined in Section 27 above has not concluded on the issue of
approved vendors, the list of approved vendors maintained by
WEST as of the Effective Date of this Agreement shall be the
default list until the conclusion of the dispute resolution process.
Where T& T is virtually collocated in premises which was initially prepared for
virtual collocation T& T may elect, unless it is not practical for technical reasons
or because of space limitations, to convert its virtual Collocation to physical
Collocation at such premises in which case T& T shall coordinate the
20 Per First Order at 6.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
40.
40.3.4
40.
40.
40.3.7
40.
Page 38
construction and rearrangement with US WEST of its equipment (lDLC and
transmission) and circuits for which T& T shall pay US WEST at applicable
rates, and pursuant to the other terms and conditions in this Agreement. In
addition, all applicable physical Collocation recurring charges shall apply.
T& T will be allowed access to the POI on non-discriminatory terms. T& Towns
and is responsible for the installation, maintenance and repair of its equipment
located within the space rented from U WEST.
AT&T must use leased space as soon as reasonably possible and may not
warehouse space for later use or sublease to another provider. Physical
Collocation is offered on space-available, first-come, first-served basis.
The minimum standard leasable amount of floor space is one hundred (100)
square feet. T& T must efficiently use the leased space and no more than fifty
percent (50%) of the floor space may be used for storage cabinets and work
surfaces. T& T and US WEST may negotiate other storage arrangements on
case-by-case basis. T& T may store spares within its collocated space.
T& T's leased floor space will be separated from other competitive providers and
US WEST space through cages or hard walls. T& T may elect to have
WEST construct the cage, or choose from U WEST approved contractors
to construct the cage, meeting US WEST's installation Technical Publication
77350. Any deviation to T& T's request must be approved.
The following standard features will be provided by U WEST:
(a)
(b)
Heating, ventilation and air conditioning.
Smoke/fire detection and any other building code requirement.
WEST Responsibilities
(a)Design the floor space within each location which will constitute T& T's
leased space.
(b)Ensure that the necessary construction work is performed on timely basis
to build T& T's leased physical space and the riser from the vault to the
leased physical space.
(c)
(d)
Develop quotation specific to T& T's request.
Extend US WEST-provided and owned fiber optic, copper or coaxial
cable, whichever is more efficient, from the POI through the cable vault and
extend the cable to T& T's leased physical space or place the cable in fire
retardant tubing prior to extension to T& T's leased physical space.
U S WEST may refuse to collocate copper or coaxial cable or any
other equipment where it can show there is insufficient space to
accommodate such facilities.
21 Per First Order at 6.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
40.
40.
40.
40.
40.
40.
(e)
Page 39
Installation and maintenance and all related activity necessary to provide
Channel Termination between US WEST's and A T& T's equipment.
(f)Work cooperatively with A T& T in matters of joint testing and maintenance.
A T& T Responsibilities
(a)
(b)
Determine the type of enclosure for the physical space.
Procure, install and maintain fiber optic, copper or coaxial facilities up to the
WEST designated POI.
(c)Provide for installation, maintenance, repair and service of all A T& T's
equipment located in the leased physical space.
(d)Ensure that all equipment installed by A T& T complies with Bellcore
Network Equipment Building System Generic Equipment requirements
US WEST environmental and transmission standards, and any statutory
(local, federal, or state) or regulatory requirements in effect at the time of
equipment installation or that subsequently become effective.
The installation of any interconnection service will be coordinated between the
Parties so that AT&T may utilize those services once AT&T has accepted its
leased physical space.
, at any time, US WEST reasonably determines that the equipment or the
installation does not meet standard industry requirements, such failure being due
to actions of A T& T or its agents, A T& T will be responsible for the costs
associated with the removal, modification to, or installation of the equipment to
bring it into compliance. If A T& T fails to correct any non-compliance within thirty
(30) calendar days or as soon as reasonably practical after the receipt of written
notice of non-compliance, U WEST may have the equipment removed or the
condition corrected at A T& T's expense.
, during installation, U WEST reasonably determines that A T& T activities or
equipment are unsafe, non-industry standard or in violation of any applicable laws
or regulations, U WEST has the right to stop work until the situation is
remedied. If such conditions pose an immediate threat to the safety of personnel
interfere with the performance of U WEST's service obligations, or pose an
immediate threat to the physical integrity of the conduit system or the cable
facilities, U WEST may perform such work and/or take action as is necessary to
correct the condition at A T& T's expense.
WEST shall provide basic telephone service with connection jack
requested by A T& T from US WEST for the collocated space. Upon A T& T's
request and following the normal provisioning process, this service shall be
available at the AT&T collocated space on the day the space is turned over to
AT&T by US WEST.
Where available, U WEST shall provide access to eyewash stations,
bathrooms, and drinking water within the collocated facility on twenty-four (24)
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
40.
40.
40.
40.
Page 40
hour per day, seven (7) day per week basis for T& T personnel and its
designated agents.
US WEST shall provide T& T with written notice five (5) Business Days prior to
those instances where U WEST or its subcontractors may be performing work
that could reasonably potentially affect T& T's service. US WEST will make
reasonable efforts to inform T& T by telephone of any emergency related activity
prior to the start of the activity that U WEST or its subcontractors may be
performing that could reasonably potentially affect T& T's service, so that T& T
can take any action required to monitor or protect its service.
WEST shall provide information regarding the location, type, and cable
termination requirements (i., connector type, number and type of pairs, and
naming convention) for U WEST point of termination to T& T within five (5)
Business Days of T& T's acceptance of U WEST's quote for collocated space.
WEST shall provide the dimensions for T& T outside plant fiber ingress and
egress into T& T collocated space within five (5) Business Days of T& T's
acceptance of U WEST's quote for collocated space.
WEST shall provide the sizes and number of power feeders for the collocated
space to AT&T within ten (10) Business Days of AT&T's acceptance of
WEST's quote for collocated space.
40.19 US WEST shall provide positive confirmation to AT&T when construction of
T& T collocated space is fifty percent (50%) completed. This confirmation shall
also include confirmation of the scheduled completion and turnover dates.
40.
40.3.21
(Intentionally left blank for numbering consistency)
With the exception of Subparagraph (b) below, US WEST shall provide the
following information to T& T within five (5) Business Days or as reasonably
necessary upon receipt of written request from T& T:
(a)
(b)
additional work restriction guidelines.
WEST or industry technical publication guidelines that impact the
design of U WEST collocated equipment, unless such documents are
already in the possession of AT&T. The following US WEST Technical
Publications provide information regarding central office equipment and
collocation guidelines:
77350 Central Office Telecommunications Equipment Installation
and Removal Guidelines
Central Office Telecommunications Equipment
Engineering Standards
Grounding Central Office and Remote Equipment
Environment
Expanded Interconnection and Collocation for Private Line
Transport and Switched Access Services
77351
77355
77386
T& T may obtain the above documents from:
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 41
Faison Office Products Company
3251 Revere St., Suite 200
Aurora, Colorado 80011
[phone]
(c)appropriate U WEST contacts (names and telephone numbers) for the
following areas:
Engineering
Physical Logical Security
Provisioning
Billing
Operations
Site and Building Managers
Environmental and Safety
(d)escalation process for the WEST employees (names, telephone
numbers and the escalation order) for any disputes or problems that might
arise pursuant to T& T's collocation.
40.Power as referenced in this Agreement refers to any electrical power source
supplied by US WEST for T& T equipment. US WEST will supply power to
support T& T equipment at equipment specific DC and AC voltages. At
minimum, US WEST shall supply power to T& T at parity with that provided by
WEST to itself. If U WEST performance, availability or restoration falls
below industry standards, U WEST shall bring itself into compliance with such
industry standards as soon as technologically feasible.
(a)Central office power supplied by U WEST into the T& T equipment area,
shall be supplied in the form of power feeders (cables) on cable racking into
the designated AT&T equipment area. The power feeders (cables) shall
efficiently and economically support the requested quantity and capacity of
T& T equipment. The termination location shall be mutually agreed upon
by the Parties.
(b)WEST power equipment supporting T& T's equipment shall:
comply with applicable industry standards (e., Bellcore, NEBS,
IEEE, UL, and NEC) or manufacturer equipment power
requirement specifications for equipment installation, cabling
practices, and physical equipment layout;
ii.have redundant power feeds with physical diversity and battery
back-up as required by the equipment manufacturer
specifications for T& T equipment, or, at minimum, at parity with
that provided for similar U WEST equipment at that location;
iii.provide central office ground, connected to ground electrode
located within the T& T collocated space, at level above the top
of T& T equipment plus or minus two (2) feet to the left or right of
T& T's final request;
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 42
iv.provide an installation sequence and access that will allow
installation efforts in parallel without jeopardizing personnel safety
or existing services of either Party;
provide cabling that adheres to Bell Communication Research
(Bellcore) Network Equipment-Building System (NEBS) standards
TR-EOP-OOOO63;
vi.provide Lock Out-Tag Out and other electrical safety procedures
and devices in conformance with the most stringent of OSHA or
industry guidelines; and
40.Collocation Rate Elements
vii.ensure that installed equipment meets Bellcore specifications.
40.1 Common Rate Elements
The following rate elements are common to both virtual and physical collocation:
(a)
(b)
Quote Preparation Fee. This covers the work involved in developing
quotation for A T& T for the total costs involved in its collocation request.
Entrance Facility. Provides for fiber optic cable on per two (2) fiber
increment basis from the point of interconnection utilizing U WEST
owned, conventional single mode type of fiber optic cable to the collocated
equipment (for virtual collocation) or to the leased space (for physical
collocation). Entrance facility includes riser, fiber placement, entrance
closure, conduit/innerduct, and core drilling.
(c)Cable Splicing. Represents the labor and equipment to perform
subsequent splice to the A T& T provided fiber optic cable after the initial
installation splice. Includes per-setup and per-fiber-spliced rate
elements.
(d)48 Volt Power. Provides 48 volt power to the A T& T collocated equipment.
Charged on per ampere basis.
(e)48 Volt Power Cable. Provides for the transmission of 48 Volt DC power
to the collocated equipment. It includes engineering, furnishing and
installing the main distribution bay power breaker, associated power cable
cable rack and local power bay to the closest power distribution bay. It also
includes the power cable (feeders) A and B from the local power
distribution bay to the leased physical space (for physical collocation) or to
the collocated equipment (for virtual collocation).
Inspector Labor. Provides for the U WEST qualified personnel necessary
when A T& T requires access to the POI after the initial installation or access
to its physical collocation floor space, where an escort is required. A call-
out of an inspector after business hours is subject to minimum charge of
four (4) hours. Maintenance Labor, Inspector Labor, Engineering Labor
and Equipment Labor business hours are considered to be Monday
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
(f)
(g)
(h)
(i)
Page 43
through Friday, 8:00 am to 5:00 p.rn. and after business hours are after
5:00 p.m. and before 8:00 Monday through Friday, all day Saturday,
Sunday and holidays.
Expanded Interconnection Channel Regeneration. Required when the
distance from the leased physical space (for physical collocation) or from
the collocated equipment (for virtual collocation) to the U WEST network
is of sufficient length to require regeneration.
WEST will provide external synchronization when available.
40.Physical Collocation Rate Elements
WEST will provide 20 hertz ringing supply when available.
(a)
The following rate elements apply only to physical collocation arrangements:
Enclosure Buildout. The Enclosure Buildout element, either Cage or
Hardwall, includes the material and labor to construct the enclosure
specified by A T& T or A T& T may choose from US WEST approved
contractors to construct the cage, meeting U WEST's installation
Technical Publication 77350. It includes the enclosure (cage or hardwall),
air conditioning (to support A T& T loads specified), lighting (not to exceed
watts per square foot), and convenience outlets (3 per cage or the number
required by building code for the hardwall enclosure). Also provides for
humidification, if required. Pricing for Enclosure Buildout will be provided
on an individual basis due to the uniqueness of A T& T's requirements,
central office structure and arrangements.
(b)Floor Space Rental. This element provides for the rental of the floor space
provided to A T& T pursuant to physical collocation arrangement.
40.Virtual Collocation Rate Elements
The following rate elements apply only to virtual collocation arrangements:
(a)Maintenance Labor. Provides for the labor necessary for repair of out of
service and/or service-affecting conditions and preventative maintenance of
the A T& T virtually collocated equipment. A T& T is responsible for ordering
maintenance spares. U WEST will perform maintenance and/or repair
work upon receipt of the replacement maintenance spare and/or equipment
for A T& T. A call-out of maintenance technician after business hours is
subject to minimum charge of four (4) hours. Maintenance Labor
Inspector Labor, Engineering Labor and Equipment Labor business hours
are considered to be Monday through Friday, 8:00 am to 5:00 p.rn. and
after business hours are after 5:00 p.rn. and before 8:00 am, Monday
through Friday, all day Saturday, Sunday and holidays.
Training Labor. Provides for the billing of vendor-provided training for
WEST personnel on metropolitan service area basis, necessary for
A T& T virtually collocated equipment which is different from equipment used
by US WEST. U WEST will require three (3) WEST employees to
USWC/AT&T Interconnection Agreement -Idaho . 07/27/98
(b)
Page 44
be trained per metropolitan service area in which the A T& virtually
collocated equipment is located. If, by an act of U WEST, trained
employees are relocated, retired or are no longer available, U WEST will
not require A T& T to provide training for additional U WEST employees
for the same virtually collocated equipment in the same metropolitan area.
Fifty percent (50%) of the amount of training billed to A T& T will be refunded
to AT&T, should second collocator or US WEST in the same
metropolitan area select the same virtually collocated equipment as A T& T.
The second collocator or WEST will be charged one half of the original
amount paid by A T& T for the same metropolitan area.
(c)Equipment Bay. Provides mounting space for the A T& T virtually collocated
equipment. Each bay includes the seven (7) foot bay, its installation, and
all necessary environmental supports. Mounting space on the bay,
including space for the fuse panel and air gaps necessary for heat
dissipation is limited to 78 inches. The monthly rate is applied per shelf.
(d)Engineering Labor. Provides the planning and engineering of the A T&
virtually collocated equipment at the time of installation, change or removal.
(e)Installation Labor. Provides for the installation, change or removal of the
A T& T virtually collocated equipment.
40.Collocation Installation Intervals
40.US WEST shall have period of thirty (30) calendar days after receipt by A T& T of
Request for Collocation to provide A T& T with written quotation containing all
nonrecurring charges and fees for the requested collocation (the "Quotation
Preparation Period'? A T& T shall make payment of fifty percent (50%) of the
nonrecurring charges and fees upon acceptance of the quotation ("Initial PaymenfJ
with the remainder due upon completion of the construction. In the event A T& T
disputes the amount of U WEST's proposed nonrecurring charges and fees
A T& T shall deposit fifty percent (50%) of the nonrecurring charges and fees into an
interest bearing escrow account prior to the commencement of construction ("Initial
DeposifJ. The remainder of the nonrecurring charges and fees shall be deposited
into the escrow account upon completion of the construction. Upon resolution of the
dispute, the escrow agent shall distribute amounts in the account in accordance
with the resolution of such dispute and any interest that has accrued with respect to
amounts in the account shall be distributed proportionately to the Parties.
US WEST shall complete installation pursuant to the A T& T Request for Collocation
within maximum of three (3) months after the Initial Payment or Initial Deposit for
physical or virtual collocation. If there is dispute between US WEST and A T& T
regarding the amount of any nonrecurring charges and fees, such dispute shall be
resolved in accordance with Section 27 above. The pendency of any such dispute
shall not affect the obligation of U WEST to complete collocation within the
installation intervals described above.
41.Technical References - Collocation
Subject to Sections and of this Part A, US WEST shall provide collocation in accordance
with the following standards:
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
42.
41.
41.2
41.
41.4
41.
41.
41.7
41.
41.
Page 45
Institute of Electrical and Electronics Engineers (IEEE) Standard 383, IEEE Standard for
Type Test of Class E Electric Cables, Field Splices, and Connections for Nuclear Power
Generating Stations;
National Electrical Code (NEC), use most recent issue;
TA-NPL-000286, NEBS Generic Engineering Requirements for System Assembly and
Cable Distribution, Issue (Bel/core, January 1989);
TR-EOP-000063 Network Equipment-Building System (NEBS) Generic Equipment
Requirements, Issue 3, March 1988;
TR-EOP-000151, Generic Requirements for 24-, 48-130-, and 140- Volt Central Office
Power Plant Rectifiers, Issue (Bel/core, May 1985);
TR-EOP-000232, Generic Requirements for Lead-Acid Storage Batteries, Issue (Bel/core,
June 1985);
TR-NWT-000154, Generic Requirements for 24-, 48-130, and 140- Volt Central Office
Power Plant Control and Distribution Equipment, Issue (Bel/core, January 1992);
TR-NWT-000295, Isolated Ground Planes: Definition and Application to Telephone Central
Offices, Issue (Bel/core, July 1992);
TR-NWT-000840, Supplier Support Generic Requirements (SSGR), (A Module of LSSGR
FR-NWT-000064), Issue (Bel/core, December 1991);
41.10 TR-NWT-001275 Central Office Environment Instal/ations/Removal Generic Requirements,
Issue January 1993; and
41.Underwriters' Laboratories Standard, UL 94.
Number Portability
42.Interim Number Portability (INP)
42.General Terms
(a)The Parties shal/ provide Interim Number Portability (lNP) on reciprocal
basis to the extent technical/y feasible.
(b)Until permanent number portability is implemented by the industry pursuant
to regulations issued by the FCC or the Commission, the Parties agree to
provide INP to each other through Remote Cal/ Forwarding, Direct Inward
Dialing, or other appropriate means as agreed to by the Parties.
(c)Once permanent number portability is implemented pursuant to FCC or
Commission regulation, either Party may withdraw, at any time and at its
sole discretion, its INP offerings, subject to advance notice to the other
Party with sufficient time to aI/ow for coordination to aI/ow the seamless and
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
(d)
Page 46
transparent conversion of INP Customer numbers to permanent number
portability. Upon implementation of permanent number portability pursuant
to FCC regulations, both Parties agree to conform and provide such
permanent number portability. The Parties agree to expeditiously convert
Customers from interim number portability to permanent number portability,
provided that the interim service is not removed until the Customer has
been converted.
US WEST will update and maintain its Line Information Database ("UDa'
listings for numbers retained by A T& T and its Customer, and restrict or
cancel calling cards associated with these forwarded numbers as directed
by A T& T. Further, US WEST will not block third party and collect calls to
those numbers unless requested by A T& T.
(e)The ordering Party shall specify, on per telephone number basis, which
method of INP is to be employed and the providing Party shall provide such
method to the extent technically feasible.
(f)Where either Party has activated an entire NXX, or activated substantial
portion of an NXX with the remaining numbers in that NXX either reserved
for future use or otherwise unused, if these Customer(s) choose to receive
service from the other Party, the first Party shall cooperate with the second
Party to have the entire NXX reassigned in the LERG (and associated
industry databases, routing tables, etc.) to an End Office operated by the
second Party. Such transfer will be accomplished with appropriate
coordination between the Parties and subject to appropriate industry lead-
times for movement of NXXs from one switch to another.
42.Description Of Service
(a)Interim Number Portability Service ("INP'? is service arrangement that
can be provided by U WEST to A T& T or by A T& T to US WEST.
(b)INP applies to those situations where an end-user Customer elects to
change service providers, and such Customer also wishes to retain its
existing or reserved telephone number(s). INP consists of providing the
capability to route calls placed to telephone numbers assigned to one
Party's switches to another Party's switches.
(c)INP is available as INP-Remote Call Forwarding ("INP-RCF'? permitting
call to WEST assigned telephone number to be translated to A T& T's
dialable local number. A T& T may terminate the call as desired. Additional
capacity for simultaneous call forwarding is available where technically
feasible on per path basis. A T& T will need to specify the number of
simultaneous calls to be forwarded for each number ported.
(d)DID is another INP method that makes use of direct inward dialing trunks.
Each DID trunk group used for INP is dedicated to carrying DID INP traffic
between the US WEST end office and the A T& T switch. Traffic on these
trunks cannot overflow to other trunks, so the number of trunks shall be
conservatively engineered by US WEST. Also, inter-switch signaling is
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
(e)
Page 47
usually limited to multi-frequency (MF). This precludes passing Calling Line
10 to the A T& T switch.
RI-PH will route dialed call to the US WEST switch associated with the
NXX of the dialed number. The U WEST switch shall then insert prefix
onto the dialed number which identifies how the call is to be routed to
A T& T. The prefixed dialed number is transmitted to the US WEST tandem
switch to which A T& T is connected. Route indexing is only available with
seven (7) digit local dialing.
(f)
(g)
The prefix is removed by the operation of the tandem switch and the dialed
number is routed to A T& T's switch so the routing of the call can be
completed by AT&T.
ON-RI is form of RI-PH that requires direct trunking between the
WEST switch to which the ported number was originally
assigned and the A T& T switch to which the number has been
ported. The U WEST switch shall send the originally dialed
number to the A T& T switch without prefix.
ii.US WEST shall provide RI-PH or ON-RI on an individual
telephone number basis, as designated by A T& T. Where
technically feasible, calls to ported numbers are first directed to the
A T& T switch over direct trunks but may overflow to tandem trunks
if all trunks in the direct group are occupied.
iii.For both RI-PH and ON-RI the trunks used may, at A T& T's option
be the same as those used for exchange of other local traffic with
US WEST. At A T& T's option, the trunks shall employ SS7 or in
band signaling and may be one way or two way.
IMP is subject to the following restrictions:
An IMP telephone number may be assigned by A T& T only to
A T& T's Customers located within US WEST's local calling area
and toll rating area that is associated with the NXX of the ported
number. This is to prevent the possibility of Customers using
number portability to extend the local calling area.
ii.IMP is applicable only if A T& T is engaged in reciprocal traffic
exchange arrangement with U WEST.
iii.IMP is not offered for NXX Codes 555, 976, 960 and 1+ sent-paid
telephones, and Service Access Codes (i.e., 500, 700, BOO/BBB,
900). IMP is not available for FGA seven-digit numbers (including
foreign exchange (FEX), FX and FX/ONAL and foreign Central
Office service).. Furthermore, IMP numbers may only be used
consistent with network efficiency and integrity, i.e., inhibitions on
mass calling events.
iv. The ported telephone number will be returned to the switch which
originally had the ported number when the ported service is
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 48
disconnected. The normal intercept announcement will be
provided by the porting company for the period of time until the
telephone number is reassigned.
Within thirty (30) days after request, US WEST shall provide A T& T
list of those features that are not available for INP telephone
numbers due to technical limitations.
42.Ordering and Maintenance
42.
(a)A T& T is responsible for all direct interactions with A T& T's end users with
respect to ordering and maintenance.
(b)US WEST shall exchange with A T& T SS? TCAP messages as required for
the implementation of Custom Local Area Signaling Services (CLASS) or
other features available in the U WEST network.
(c)Each Party's designated INP switch must return answer and disconnect
supervision to the other Party's switch.
(d)WEST shall disclose to A T& T any technical or capacity limitations that
would prevent use of requested INP in particular switching office.
(e)The Parties will develop and implement an efficient deployment process to
ensure call routing integrity for toll and local calls, with the objective to
eliminate Customer downtime.
(f)For INP, A T& T shall have the right to use the existing US WEST 911
infrastructure for all 911 capabilities. When RCF is used for A T& T
subscribers, both the ported numbers and shadow numbers shall be stored
in the ALl databases. A T& T shall have the right to verify the accuracy of
the information in the ALl databases via direct connection to the SCC ALl
database pursuant to the same process and procedures SCC makes
available to U WEST.
Permanent Number Portability (PNP)
42.2. 1 Upon implementation of Permanent Number Portability (PNP) pursuant to FCC
regulations, both Parties agree to conform and provide such Permanent Number
Portability. To the extent consistent with the FCC rules as amended from time to
time, the requirements for PNP shall include the following:
42.Subscribers must be able to change local service providers and retain the same
telephone number(s) consistent with FCC rules and regulations.
42.2.The PNP network architecture shall not subject alternate local exchange carriers to
any degradation of service compared to U WEST in any relevant measure
including transmission quality, switching and transport costs, increased call set-up
time and post-dial delay, and A T& T shall not be required to rely on the US WEST
network for calls completing to its ported Customers.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
42.2.4
Page 49
When an office is equipped with PNP, in accordance with the procedures specified
by the North American Numbering Council, the NXXs in the office shall be defined
as portable and translations will be changed in the Parties' switches to open those
NXXs for database queries.
42.When an NXX is defined as portable, it shall also be defined as portable in all PNP-
capable offices which have direct trunks to the given switch.
42.6. Upon introduction of PNP in Metropolitan Statistical Area ("MSA'?, the applicable
switches will be converted according to published schedule with no unreasonable
delay. All portable NXXs shall be recognized as portable, with queries launched
from these switches.
42.Prior to implementation of PNP, the Parties agree to develop, implement, and
maintain efficient methods to maintain 911 database integrity when subscriber
ports to another service provider. The Parties agree that the Customer should not
be dropped from the 911 database during the transition.
42.
42.
When subscriber ports to another service provider and has previously secured
reservation of line numbers from the donor provider for possible activation at some
future point, these reserved but inactive numbers shall "port" along with the active
numbers being ported by the subscriber. So long as A T& T maintains the reserved
numbers, U WEST shall not reassign said numbers. The Parties will allocate the
revenue generated from number reservations in accordance with schedule to be
mutually agreed upon by the Parties within ninety (90) days after request,. U
WEST shall provide T& T the ability to reserve numbers and T& T agrees that
will treat U WEST customers in similar fashion in the reserving and porting of
telephone numbers
During the process of porting subscriber, the donor service provider shall
implement the 10-Digit trigger feature, when the technology is made available in
each switch in accordance with the schedules adopted by the FCC. When the
donor provider receives the porting request, the unconditional trigger shall be
applied to the subscriber s line at the time that has been agreed to via the Western
Region LNP Operations Guidelines in order to overcome donor network time delays
in the disconnection of the subscriber. Alternatively, when an activation notice is
sent to an NPAC to trigger broadcast to service provider databases, the donor
switch shall have its translations changed to disconnect the subscribers line within
thirty (30) minutes or less after the donor network Local SMS's has received the
broadcast. Porting requests that require coordination between service providers, in
accordance with the guidelines, will be handled on case-by-case basis and will not
be covered by the above.
42.10 Both AT&T and U WEST shall:
(a)
(b)
support all emergency and Operator Services.
use scarce numbering resources efficiently and administer such resources
in competitively neutral manner.
(c) jointly cooperate with each other to provide the information necessary to
rate and bill all types of calls.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 50
(d)jointly cooperate with each other to apply PNP consistently on nationwide
basis, and in accordance with all FCC directives.
42.2.11 A ten-digit code, consistent with the North American Numbering Plan, shall be used
as a network address for each switch that terminates subscriber lines, i., an end
office. This address shall support existing six-digit routing and may be implemented
without changes to existing switch routing algorithms. In existing end offices, this
address shall be selected from one of its existing NPA-NXXs. New end offices shall
be assigned an address through normal administrative processes.
42.12 PNP employs an "1" (N minus 1) Query Strategy for interLATA or intraLATA toll
calls, by which the originating carrier will pass the call to the appropriate toll carrier
who will perform query to an external routing database and efficiently route the
call to the appropriate terminating local carrier either directly or through an access
tandem office.
42.13 US WEST shall furnish T& T with the first six (6) digits of the originating address
when it supplies T& T with the Jurisdiction Information Parameter for the originating
address message.
42.2. 14 WEST agrees to begin the introduction of PNP to end user subscribers who
may begin changing local service providers and retaining their existing telephone
number based on the time line set out by the FCC in its Telephone Number
Portability Order (CC Docket No. 95-116), or in accordance with Commission
order if such time for introduction of PNP set by the Commission is earlier than
would result under the FCC Order.
42.2. 15 The generic requirements for the PNP alternative will be implemented in
accordance With industry standard specifications.
42.16 For local call to ported number, the originating carrier is the "1" carrier. It will
perform an external database query as soon as the call reaches the first PNP-
capable switch in the call path and pass the call to the appropriate terminating
carrier. PNP-capable originating switch shall query on local call to portable
NXX as soon as it determines that it (the originating switch) does not serve the
dialed number.
42.2.17 US WEST shall be the default carrier for database queries where T& T is unable
to perform its own query due to abnormal conditions. T& T shall be the default
carrier for database queries where U WEST is unable to perform its own query
due to abnormal conditions.
42.18 US WEST will provide AT&T PNP for subscribers moving to different location, or
staying at the same location, within the same rate center area.
42.2. 19 WEST will work cooperatively with other local service providers to establish the
Western Region Number Portability Administration Center/Service Management
System (SMS). The SMS shall be administered by neutral third party to provide
for the efficient porting of numbers between carriers. There must be one (1)
exclusive NPAC per portability State or region, and US WEST shall provide all
information uploads and downloads regarding ported numbers to/from, respectively,
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
Page 51
the exclusive NPAC. US WEST and T& T shall cooperate to facilitate the
expeditious deployment of PNP through the process prescribed by the FCC,
including, but not limited to, participation in the selection of neutral third patty and
development of SMS, as well as SMS testing for effective procedures, electronic
system interfaces, and overall readiness for use consistent with that specified for
provisioning in this Agreement.
42.Requirements for INP and
42.(Intentionally left blank for numbering consistency)
42.2 Cut-Over Process
The Parties shall cooperate in the process of porting numbers from one carrier to
another so as to limit service outage for the ported subscriber. This shall include,
but not be limited to, each Patty updating its respective network element
translations within fifteen (15) minutes following notification by the industry SMS, or
ported-to local service provider, and deploying such temporary translations as may
be required to minimize service outage, e., unconditional triggers. In addition
T& T shall have the right to determine who initiates the order for INP in specific cut-
over situations. The time frames in this paragraph shall be pursuant to Generic
Requirements for SCP Application and GTT Function for Number Portability, Issue
99, January 6, 1997 and subsequent versions which may be adopted from time to
time. The Parties shall coop(Jrate to review and, if necessary, adjust the above time
frame based on their actual experiences.
42.Testing
US WEST and T& T shall cooperate in conducting T& T's testing to ensure
interconnectivity between systems. US WEST shall inform T& T of any system
updates that may affect the T& T network and US WEST shall, at T& T's request
perform tests to validate the operation of the network. Additional testing
requirements may apply as specified by this Agreement.
42.Engineering and Maintenance
(a)U S WEST and T& T will cooperate to ensure that performance of trunking
and signaling capacity is engineered and managed at levels which are at
least the same level of service as provided by U S WEST to its subscribers
and to ensure effective maintenance testing through activities such
routine testing practices, network trouble isolation processes and review of
operational elements for translations, routing and network fault isolation.
(b)Additional specific engineering and maintenance requirements shall apply
as specified in this Agreement.
42.Recording and Billing
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 52
The Parties shall provide each other with accurate billing and subscriber account
record exchange data necessary for billing their subscribers whose numbers have
been ported.
42.Operator Services and Directory Assistance
With respect to Operator Services and Directory Assistance associated with NP for
A T& T subscribers, US WEST shall provide the following:
(a)
(b)
43.Dialing Parity
While INP is deployed and prior to conversion to PNP:
The Parties acknowledge that technology, as of the Effective Date of
this Agreement, does not permit the provision of BL VlBLI to ported
numbers. When such becomes available in the U WEST network
such technology shall be made available to A T& T.
ii.US WEST shall allow A T& T to order provisioning of Telephone Line
Number (TLN) calling cards and Billed Number Screening (BNS), in its
LlDB, for ported numbers, as specified by A T& T. U WEST shall
continue to allow A T& T access to its LlDB. Other LlDB provisions are
specified in this Agreement.
iii. Where U WEST has control of directory listings for NXX codes
containing ported numbers, U WEST shall maintain entries for ported
numbers as specified by A T& T in accordance with the Listings Section
of this Agreement.
When PNP is in place:
The provisions in Section 42.preceding, shall apply when PNP is in
place.
ii.If Integrated Services Digital Network User Part (ISUP) signaling is
used, U WEST shall provide the Jurisdiction Information Parameter
in the SS? Initial Address Message. (See Generic Switching and
Signaling Requirements for Number Portability, Issue 1.0, February
1996 (Editor Lucent Technologies, Inc.
)).
iii. The Parties shall provide, when received from the NPAC, 10-Digit
Global Title Translation (GTT) Node for routing queries for TCAP-
based Operator Services (e., LlDB). The acquiring company will
provide the GTT to the NPAC. The NPAC will distribute this
information to the donor company and all other parties.
iv. U WEST OSS shall meet all requirements specified in "Generic
Operator Services Switching Requirements for Number Portability,
Issue 1. 1 June 20, 1996, as updated from time to time.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
43.
Page 53
The Parties shall provide dialing parity to each other as required under Section 251(b)(3) of
the Act or state law or regulation as appropriate. This Agreement does not impact either
Party's ability to default intraLA T A toll via specific dialing pattern until otherwise required by
the Act or the Commission.
43.2 US WEST shall ensure that all A T& T Customers experience the same dialing parity
similarly-situated Customers of U WEST services, such that, for example, for all call types:
(a) an AT&T Customer is not required to dial any greater number of digits than similarly-
situated US WEST Customer; and (b) the AT&T Customer may retain its local telephone
number so long as the Customer continues receiving service in the same central office
serving area.
44.Directory Listings
44.Directory Listings General Requirements
44. 1. 1 This Section 44 pertains to Directory Listings requirements for the appearance of
AT&T end user directory listings in Directory Assistance service or directory
product.
44. 1.2 WEST shall include in its master directory listing database all list information for
A T& T Customers.
44.WEST shall not sell or license, nor allow any third party, the use of A T& T
Customer listings without the prior written consent of AT&T. US WEST shall not
disclose nor allow any third party to disclose non-listed name or address information
for any purpose other than what may be necessary to complete directory
distribution.
44.4 AT&T Customer listings in the U S WEST Directory Assistance database and
directory listing database shall be co-mingled with listings of U S WEST and
other CLEC Customers.
44.Each AT&T Customer Primary Listing shall be provided, at no charge, the
same white page listings that U S WEST provides its Customers.
44.Each AT&T Business Customer Primary Listing shall be provided, at no
charge, the same yellow page classified courtesy listings that U S WEST
provides its Customers.
44. 1.WEST shall also ensure that its directory publisher publishes all types of listings
for A T& T Customers that are available to US WEST Customers under the same
terms, and conditions, including, but not limited to:
(a)
(b)
(c)
(d)
(e)
Foreign listings
Reference listings
Information listings
Alternate call listings
Multi-line listings
22 The
bolded portions of this entire section are per the First Order at 44-45.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
(f)Multi-line/Multi-owner listings
Page 54
44.AT&T end user listings properly identified by AT&T as State, Local, and Federal
government listings shall be appropriately coded in the U WEST Directory Listing
database. U WEST will provide government code information to T& T.
44.The listing and handling of AT&T listed and non-listed telephone numbers shall be
at least at parity with that provided by U WEST to its own Customers, including
T& T customers who have potted telephone numbers from US WEST.
44.10 US WEST shall ensure that its directory publisher publishes AT&T sales,
service, billing, and repair information for business and residential
Customers, along with the AT&T logo in the customer information/guide
pages of each directory at no charge to AT&T.
44. 1. 11 WEST is responsible for maintaining Listings, including entering, changing,
correcting, rearranging and removing Listings in accordance with AT&T orders.
Upon request, and at least one (1) month prior to given white page directory
close method of reviewing and correcting Listings will be provided.
44.12 For white pages and yellow pages advertising, U S WEST shall ensure that
(a) U S WEST's directory publisher will use its advertising sales force and
processes as AT&T's agent to sell such advertising on a nondiscriminatory
basis to AT&T Customers, and (b) charges for such advertising will be
billed by U S WEST's directory publisher.
44.13 US WEST will permit AT&T Customers to place orders for Premium Listings and
privacy listings. T& T will be charged for Premium Listings and privacy listings at
WEST's general exchange tariff rates less the wholesale discount rate. The
Premium and privacy listing charges will be billed to T& T and itemized at the
telephone number sub-account level.
44.14 US WEST shall ensure third party distributes appropriate alphabetical and
classified directories (white and yellow pages) and recycling services to A T& T
Customers at parity with WEST end users, including providing directories
upon establishment of new service; b) during annual mass distribution; and c) upon
Customer request.
44.15 U S WEST'directory shall not infer or suggest that it includes only
U S WEST customer listing. The directory cover will be of a generic nature as
to indicate that any published listing is included, without reference to any
specific CLEC. At no charge, U S WEST shall ensure that its directory
publisher prominently indicates on each directory cover that the directory
includes the Listings of all customers without regard as to which company
serves those customers.
44,16 US WEST will provide the option of having CENTREX users listed when AT&T
purchases CENTREX type services for resale.
23 Third Order, at p. 4.
24 Per First Order at 45.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
44.Scope
Page 55
44.A T& T grants WEST non-exclusive license to incorporate Listings information
into its Directory Assistance database. A T& T shall select one of two options for
WEST's use of Listings and dissemination of Listings to third parties.
EITHER:
(c)
(a)Treat the same as WEST's end user listings No prior authorization is
needed for U WEST to release Listings to directory publishers or other
third parties. U WEST will incorporate Listings information in all existing
and future Directory Assistance applications developed by U WEST.
A T& T authorizes U WEST to sell and otherwise make Listings available
to directory publishers. U WEST shall be entitled to retain all revenue
associated with any such sales. Listings shall not be provided or sold in
such manner as to segregate end users by carrier.
OR:
(b)Restrict to U WEST's Directory Assistance Services Prior authorization
required from A T& T for all other uses. A T& T makes its own, separate
agreements with U WEST, third Parties and directory publishers for all
uses of its listings beyond Directory Assistance. WEST will sell or
provide Listings to directory publishers (including U WEST's publisher
affiliate) or other third Parties only after the third party presents proof of
authorization. Listings shall not be provided or sold in such manner as
segregate end users by carrier.
U S WEST shall be entitled to retain all revenue associated with any
sales pursuant to subparagraphs (a) and (b) above.
WEST will take reasonable steps in accordance with industry practices to
accommodate non-published and non-listed Listings provided that A T& T has supplied
WEST the necessary privacy indicators on such Listings.
44.
44.AT&T Responsibilities
44.4.A T& T agrees to provide to US WEST its end user names, addresses and
telephone numbers in standard mechanized format as utilized by U WEST.
44.4.A T& T will supply its AGNA/GIG or GLGG/OGN as appropriate, with each order to
provide U WEST the means of identifying listings ownership.
44.4.AT&T represents the end user information provided to US WEST is accurate and
correct. A T& T further represents that it has reviewed all listings provided to
WEST, including end user requested restrictions on use such as non-published
and non-listed.
25 Third Order, at p. 4.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 56
44.4.4 A T& T is responsible for dealings with, and on behalf o~ A T& T's end users on the
following subjects:
a) All end user account activity, e., end user queries and complaints.
b) All account maintenance activity, e., additions, changes, issuance of orders
for Listings to U WEST.
c) Determining privacy requirements and accurately coding the privacy indicators
for T& T's end user information. If end user information provided by T& T to
WEST does not contain privacy indicator, no privacy restrictions will
apply.
45. (Intentionally left blank for numbering consistency.
46.U S WEST Dex Issues
46.US WEST and AT&T agree that certain issues, such as yellow page advertising,
directory distribution , access to call guide pages, and yellow page listings, may be the
subject of negotiations between AT&T and US WEST Dex. US WEST acknowledges
that AT&T may request US WEST to facilitate discussions between AT&T and
US WEST Dex.
47.Access to Poles, Ducts, Conduits, and Rights of Way
47.US WEST shall provide AT&T nondiscriminatory access to poles, ducts, rights-of-
way and conduits it owns or controls on terms, conditions and prices comparable to
those offered to any other entity.
47.(Intentionally left blank for numbering consistency)
47.Definitions
Poles, ducts, conduits and ROW" refer to all the physical facilities and legal rights which
provide for access to pathways across public and private property. These include poles,
pole attachments, ducts, innerducts, conduits, building entrance facilities, building entrance
links, equipment rooms, remote terminals, cable vaults, telephone closets, building risers,
rights-of-way, or any other requirements needed to create pathways. These pathways may
run over, under, across or through streets, traverse private property, or enter multi-unit
buildings. Right-of-Way ("ROW'? is the right to use the land or other property owned
leased, or controlled by any means by US WEST to place poles, ducts, conduits and ROW
or to provide passage to access such poles, ducts, conduits and ROw. ROW may run
under, on, or above public or private property (including air space above public or private
property) and shall include the right to use discrete space in buildings, building complexes
or other locations.
47.Requirements
26 Per Third Order, at 5.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
47.4.
47.4.
Page 57
US WEST shall make poles, duct, conduits and ROW available to T& T upon
receipt of request for use within the time periods provided in this Section,
providing all information necessary to implement such use and containing rates
terms and conditions, including, but not limited to, maintenance and use in
accordance with this Agreement and at least equal to those which it affords itself, its
Affiliates and others. U S WEST may reserve the space in its poles, ducts,
conduit and rights-of-way in order to meet its residential service obligations
under Idaho law.27 Other users of these facilities, including US WEST, shall not
interfere with the availability or use of the facilities by T& T.
Within ten (10) Business Days of AT&T's request for specific poles, ducts, conduits,
or ROW, U WEST shall provide any information in its possession or available to it
regarding the environmental conditions of such requested poles, ducts, conduits or
ROW route or location including, but not limited to, the existence and condition of
asbestos, lead paint, hazardous substance contamination, or radon. Information is
considered "available" under this Agreement if it is in U WEST's possession or
files, or the possession of an agent, contractor, employee, lessor, or tenant of
WEST's that holds such information on U WEST's behalf. If the poles, ducts
conduits or ROW contain such environmental contamination, making the placement
of equipment hazardous, U WEST shall offer alternative poles, ducts, conduits or
ROW for T& T's consideration. WEST shall allow T& T to perform any
environmental site investigations, including, but not limited to, Phase I and Phase /I
environmental site assessments as A T& T may deem to be necessary.
47.4.4
47.4.WEST shall not prevent or delay any third party assignment of ROW to T& T.
47.4.
WEST shall offer the use of such poles, ducts, conduits and ROW it has
obtained from third party to T& T, to the extent such agreement does not prohibit
WEST from granting such rights to T& T. U S WEST shall not be required to
act as the agent of AT&T in AT&T's efforts to secure license form third parties
for the access of third parties' poles, ducts, conduit and rights of way,
However, US WEST shall provide to AT&T the necessary information as to
the ownership of such space and where necessary and appropriate, provide
assurance to the third party that U S WEST does not object to the granting of
any required rights. The Parties shall tointly develop a document introducing
AT&T to third party property owners. They shall be offered to AT&T on the
same terms as are offered to US WEST. T& T shall reimburse US WEST for
WEST's reasonable costs, if any, incurred as a result of the exercise of its
eminent domain authority on behalf of T& T in accordance with the provisions of
this paragraph.
WEST shall provide T& T equal and non-discriminatory access to poles, ducts,
conduit and ROWand any other pathways on terms and conditions equal to that
provided by U WEST to itself or to any other Person. Further, U WEST shall
not preclude or delay allocation of these facilities to T& T because of the potential
needs of itself or of other Person, except maintenance spare may be retained
described below, and except for reservations in existence made prior to the request
of T& T in accordance with the Act.
27 Per First Order at
28 Per First Order at 42
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
Page 58
47.4.WEST shall not attach, or permit other entities to attach facilities on, within or
overlashed to existing A T& T facilities without A T& T's prior written consent.
47.4.On timely basis, U S WEST agrees to provide immediately necessary information
on case-specific route basis, current detailed engineering and other plant records
and drawings for specific requests for poles, ducts, conduit and ROW, including
facility route maps at city level, and the fees and expenses incurred in providing
such records and drawings on the earlier of twenty (20) Business Days from A T&
request or the time within which U S WEST provides this information to itself or any
other Person. If U WEST is unable to provide this information within the twenty
(20) day period, it shall immediately advise A T& T of the expected delay, the reason
for such delay, and the expected date on which A T& T will receive the information
requested. A T& T may request an earlier response time. Such information shall be
of equal type and quality as that which is available to U WEST's own engineering
and operations staff. U WEST shall also allow personnel designated by A T& T to
jointly examine with U S WEST personnel, at no cost to A T& T for such personnel,
such engineering records and drawings for specific routing at U WEST Central
Offices and US WEST Engineering Offices upon ten (10) days' written notice to
WEST. U S WEST acknowledges that the request for information and the
subject matter related to the request made under this Section shall be treated
Proprietary Information
47.4.US WEST shall provide to A T& T Single Point of Contact for negotiating all
structure lease and ROW arrangements.
47.4.WEST shall provide information regarding the availability and condition of
poles, ducts, conduit and ROW within five (5) Business Days of A T& T's request
the information then exists in US WEST's records (a records based answer) and
within twenty (20) Business Days of A T& T's request if US WEST must physically
examine the poles, ducts, conduits and ROW (a field based answer) ("Request'J,
A T& T shall have the option to be present at the field based survey and U S WEST
shall provide A T& T at least twenty-four (24) hours' notice prior to the start of such
field survey. During and after this period, US WEST shall allow A T& T personnel to
enter manholes and equipment spaces and view pole structures to inspect such
structures in order to confirm usability or assess the condition of the structure.
US WEST shall send A T& T written notice confirming availability pursuant to the
Request within such twenty (20) day period ("Confirmation
47.10.
For the period beginning at the time of the Request and ending sixty (60)
days following Confirmation, U S WEST shall reserve such poles, ducts,
conduits and ROW for AT&T and shall not allow any use thereof by any
Party, including US WEST. AT&T shall elect whether or not to accept such
poles, ducts, conduits and ROW within the sixty(60) day period following
Confirmation. AT&T may accept such facilities by sending written notice to
US WEST ("Acceptance ). From the time of the Request pursuant to
Section 47.9 above until sixty (60) days after Confirmation U S WEST
shall reserve any such requested poles, ducts, conduits and/or ROW for
29 Per First Order at 40.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
Page 59
AT&T's use, provided, however, that if another party makes a bona fide
request in writing to use any such requested poles, ducts, conduits and/or
ROW, including U S WEST, U S WEST shall so inform AT&T. US WEST
shall not allow the requesting party, including itself, to use the requested
poles, ducts, conduits and/or ROW without first giving AT&T the right to
continue its reservation of such poles, ducts, conduits and/or ROW by
paying U S WEST a reservation fee in an amount to be mutually agreed for
the right to continue its reservation.
47.10.Right of First Refusal. During the Reservation Period, if
another party, including U S WEST, makes a bona fide
request for the actual use which would commence during
the reservation period of any poles, ducts, conduits or
ROW that AT&T has previously reserved, AT&T shall have a
right of first refusal" over these facilities. If AT&T chooses
to exercise this right, AT&T must do so within five (5)
calendar days prior to the expiration of the Reservation
Period, whichever occurs first.
47.4.11 Reservation. After Acceptance by A T& T, A T& T shall have six (6) months to begin
attachment and/or installation of its facilities to the poles, ducts, conduit and ROW
or request U WEST to begin make ready or other construction activities. Any
such construction, installation or make ready by A T& T shall be completed by the
end of one (1) year after Acceptance. AT&T shall not be in default of the 6-month
or 1-year requirement above if such default is caused in any way by any action
inaction or delay on the part of U WEST or its Affiliates or subsidiaries.
47.4.12 Make Ready. US WEST shall rearrange, modify and/or make ready existing poles
ducts, conduit and ROW where necessary and feasible to provide space for A T& T's
requirements. However U S WEST shall not be required to undertake any
modification if AT&T requests a modification that U S WEST would not
undertake for itself to increase capacity. In addition, U S WEST may offer
AT&T an economically competitive alternative to modification to meet AT&T'
request in lieu of actual modification.30 Subject to the requirements above, the
Parties shall endeavor to mutually agree upon the time frame for the completion of
such work within five (5) days following A T& T's request; provided, however, that
any such work required to be performed by US WEST shall be completed within
sixty (60) days or reasonable period of time based on standard construction
intervals in the industry, unless otherwise agreed by A T& T in writing.
47.4.13 New Construction. After Acceptance, US WEST shall complete any new
construction, relocation or installation of poles, ducts, conduits or ROW required tobe performed by U WEST or any U WEST construction, relocation or
installation requested by A T& T within reasonable period of time based on
standard construction intervals in the industry or sixty (60) days after obtaining all
governmental authority or permits necessary to complete such construction
relocation or installation. If US WEST anticipates that construction, relocation or
installation will go beyond standard industry intervals or the sixty (60) day period
30 Per First Order at 41 .
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 60
US WEST shall immediately notify A T& T and the Parties shall mutually agree on
completion date.
47.4.14 AT&T shall begin payment for the use of newly constructed poles, ducts, conduit
and ROW upon completion of such construction and installation and confirmation by
appropriate testing methods that the facilities are in condition ready to operate in
A T& T's network or upon use (other than for testing) by A T& T, whichever is earlier.
47.4.15 A T& T shall make payment for construction, relocation, rearrangements
modifications and make ready in accordance with Section of Attachment
this Agreement.
47.4.16 (Intentionally left blank for numbering consistency)
47.4.17 A T& T may, at its option, install its facilities on poles, ducts, conduit and ROWand
use A T& T or A T& designated personnel to attach its equipment to such
US WEST poles, ducts, conduits and ROw.
47.4.18 If available, US WEST shall provide AT&T space in manholes for racking and
storage of cable and other materials as requested by A T&
47.4.19 US WEST shall rearrange, modify and/or make ready any conduit system or poles
with retired cable by removing such retired cable from conduit systems or poles to
allow for the efficient use of conduit space and pole space. Before denying access
based on lack of capacity, U WEST must explore potential accommodations
with A T& T.
47.4.20 Where US WEST has innerducts which are not, at that time, being used or are not
reserved as emergency or maintenance spare in accordance with FCC rules and
regulations, U WEST shall offer such ducts for A T& T's use.
47.4.21 Where spare innerduct does not exist, US WEST shall allow A T& T to install an
innerduct in US WEST conduit, at A T& T's cost and expense. US WEST must
review and approve any installation of innerduct in any U WEST's duct prior to the
start of construction. Such approval shall not be unreasonably delayed, withheld or
conditioned. A T& T shall provide notice to U WEST of any work activity not less
than twenty-four (24) hours prior to the start of construction.
47.4.22 Where US WEST has any ownership or other rights to ROW to buildings or
building complexes, or within buildings or building complexes, U WEST shall offer
such ROW to A T& T.
(a)Subject to the approval of the building owner, if required, the right to use
any available space owned or controlled by U WEST in the building or
building complex to install T& T equipment and facilities;
(b)Subject to the approval of the building owner, if required, ingress and
egress to such space; and
(c)Subject to the approval of the building owner, if required, the right to use
electrical power at parity with U WEST's rights to such power.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 61
47.4.23 Whenever US WEST intends to modify or alter any poles, ducts, conduits or ROW
which contain A T& T's facilities, U WEST shall provide written notification of such
action to A T& T so that A T& T may have reasonable opportunity to add to or
modify its facilities. A T& T shall advise U WEST, in writing, of its intentions to add
or modify the facilities within fifteen (15) Business Days of US WEST's notification.
If A T& T adds to or modifies its facilities according to this paragraph, A T& T shall
bear proportionate share of the costs incurred by U WEST in making such
facilities accessible.
47.4.24 A T& T shall not be required to bear any of the costs of rearranging or replacing its
facilities, if such rearrangement or replacement is required as a result of an
additional attachment or the modification of an existing attachment sought by any
entity other than A T& T, including US WEST.
47.4.25 WEST shall maintain the poles, ducts, conduits and ROW at its sole cost.
A T& T shall maintain its own facilities installed within the poles, ducts, conduits and
ROW at its sole cost. In the event of an emergency, U WEST shall begin repair
of its facilities containing A T& T's facilities within reasonable time frame based on
industry standards or time frame requested by A T& T. If U WEST cannot begin
repair within the requested time frame, upon notice and approval of U WEST
which approval shall not be unreasonably withheld, A T& T may begin such repairs
without the presence of U WEST personnel. A T& T may climb poles and enter the
manholes, handholds, conduits and equipment spaces containing U WEST's
facilities in order to perform such emergency maintenance, but only until such time
as qualified personnel of U WEST arrives ready to continue such repairs. For
both emergency and non-emergency repairs, AT&T may use spare innerduct or
conduits, including the innerduct or conduit designated by U WEST as emergency
spare for maintenance purposes; provided, however, that A T& T may only use such
spare conduit or innerduct for maximum period of ninety (90) days.
47.4.26 In the event of relocation necessitated by governmental entity exercising the
power of eminent domain, when such relocation is not reimbursable, all parties shall
share pro rata in costs for relocating the base conduit or poles and shall each pay
its own cost of cable and installation of the facilities in the newly rebuilt U WEST
poles, ducts, conduits and ROw.
48.Bona Fide Request Process for Further Unbundling
48.Any request for Interconnection or access to an unbundled Network Element not already
available via price lists, tariff, or as described herein shall be treated as a Request under this
Section.
48.US WEST shall use the Bona Fide Request Process ("BFR'J process as described in this
Section 48, to determine the technical feasibility of the requested interconnection or Network
Element(s) and, for those items found to be technically feasible, to provide the terms and
timetable for providing the requested items. Additionally, elements, services and functions
which are materially or substantially different from those services, elements or functions
already provided by U WEST to itself, its Affiliates, Customers, or end users may, at the
discretion of A T& T, be subject to this BFR process.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
48.
48.4
48.
Page 62
Request shall be submitted in writing and, at minimum, shall include: (a) complete and
accurate technical description of each requested Network Element or Interconnection; (b)
the desired interface specifications; (c) statement that the Interconnection or Network
Element will be used to provide Telecommunications Service; (d) the quantity requested;
(e) the location(s) requested; and (f) whether AT&T wants the requested item(s) and terms
made generally available. T& T may designate Request as Confidential.
Within forty-eight (48) hours of receipt of Request, US WEST shall acknowledge receipt
of the Request and review such Request for initial compliance with Subsection 48.above.
In its acknowledgment, U WEST shall advise T& T of any missing information reasonably
necessary to move the Request to the preliminary analysis described in Subsection 48.
below.
Unless otherwise agreed to by the Parties, within thirty (30) calendar days of its receipt of
the Request and all information necessary to process it, US WEST shall provide to T& T
preliminary analysis of the Request. As reasonably requested by T& T, U WEST agrees
to provide status updates to T& T. US WEST will notify T& T if the quote preparation fee,
if any, will exceed $5,000. AT&T will approve the continuation of the development of the
quote prior to U WEST incurring any reasonable additional expenses. The preliminary
analysis shall specify whether or not the requested Interconnection or access to an
unbundled Network Element is technically feasible and otherwise qualifies as a Network
Element or Interconnection as defined under the Act.
48.If US WEST determines during the thirty (30) day period that Request is not
technically feasible or that the Request otherwise does not qualify as a Network
Element or Interconnection required to be provided under the Act, U WEST shall
so advise T& T as soon as reasonably possible of that fact, and promptly provide
written report setting forth the basis for its conclusion but in no case later than ten
(10) calendar days after making such determination.
48.If US WEST determines during the thirty (30) day period that the Request is
technically feasible and otherwise qualifies under the Act, it shall notify T& T in
writing of such determination, no later than ten (10) calendar days after making
such determination.
48.Unless otherwise agreed to by the Parties, as soon as feasible, but no more than
ninety (90) calendar days after U WEST notifies T& T that the Request is
technically feasible, U WEST shall provide to T& T Request quote which will
include, at minimum description of each Interconnection and Network Element,
the quantity to be provided, the installation intervals (both initial and subsequent),
the impact on shared systems software interfaces, the ordering process changes
the functionality specifications, any interface specifications, and either:
(a)the applicable rates (recurring and nonrecurring), including the amortized
development costs as appropriate pursuant to Section 48.5.4 below, of the
Interconnection or Network Element; or
(b)the payment for development costs, as appropriate pursuant to Section
48.5.4 below, of the Interconnection or Network Element and the applicable
rates (recurring and nonrecurring), excluding the development costs.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
48.
48.7
48.
48.
48.
48.
48.5.4
Page 63
The choice of using either option (a) or (b) above shall be at US WEST's sole
discretion. A payment for development cost, however, is appropriate only where
A T& T is the only conceivable user of the functionality (including consideration of
WEST as a potential user) or where the requested quantity is insufficient to
provide amortization.
If U WEST has used option (a) above in its Request quote, then, within thirty (30) days of
its receipt of the Request quote, A T& T must indicate its nonbinding interest in purchasing
the Interconnection or Network Element at the stated quantities and rates, cancel it Request,
or seek remedy under the dispute resolution section of this Agreement.
If U WEST has used option (b) above in its Request quote, then, within thirty (30) days of
its receipt of the Request quote, A T& T must either agree to pay the development costs of
the Interconnection or Network Element, cancel its Request, or seek remedy under the
dispute resolution section of this Agreement.
If US WEST has used option (b) in its Request quote and AT&T has accepted the quote
A T& T may cancel the Request at any time, but will pay U WEST's reasonable
development costs of the Interconnection or Network Element up to the date of cancellation.
WEST will use reasonable efforts to determine the technical feasibility and conformance
with the Act of the Request within the first thirty-two (32) days of receiving the Request. In
the event US WEST has used option (b) above in its Request quote and US WEST later
determines that the Interconnection or Network Element requested in the Request is not
technically feasible or otherwise does not qualify under the Act, US WEST shall notify A T& T
within ten (10) Business Days of making such determination and AT&T shall not owe any
compensation to U WEST in connection with the Request. Any quotation preparation fees
or development costs paid by A T& T to the time of such notification shall be refunded by
US WEST.
To the extent possible, US WEST will utilize information from previously developed BFRs to
address similar arrangements in order to shorten the response times for the currently
requested BFR. In the event A T& T has submitted Request for an Interconnection or
Network Element and U WEST determines in accordance with the provisions of this
Section 48 that the Request is technically feasible, the Parties agree that A T& T's
subsequent request or order for the identical type of Interconnection or Network Element
shall not be subject to the BFR process. To the extent US WEST has deployed an identical
Network Element under previous BFR subsequent BFR is not required. For purposes
of this Section 48. 10, an "identical" request shall be one that is materially identical to
previous request with respect to the information provided pursuant to Subsections (a)
through (e) of Section 48.above.
In the event of dispute under this Section 48, the Parties agree to seek expedited
Commission resolution of the dispute, to be completed within twenty (20) days of
WEST's response denying A T& T's BFR, and in no event more than thirty (30) days
after the filing of A T& T's petition. Alternatively, the Parties may mutually agree to resolve
any disputes under this section through the dispute resolution process pursuant to Section
Part A of this Agreement.
48. 12 All time intervals within which response is required from one Party to another under this
Section 48 are maximum time intervals. The Parties agree that they will provide all
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
49.
Page 64
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 response is not over.
Audit Process
49.
49.
49.
49.4
49.
49.
49.7
49.
As used herein, "Audit" shall mean comprehensive review of services performed under
this Agreement. Either Party (the "Requesting Party'J may perform up to three (3) Audits
per 12-month period commencing with the Effective Date.
Upon thirty (30) days' written notice by the Requesting Party to the other Party (the "Audited
Party'J, the Requesting Party shall have the right, through its authorized representative, to
make an Audit, during normal business hours, of any records, accounts and processes
which contain information related to the services provided and performance standards
agreed to under this Agreement. Within the above-described 30-day period, the Parties
shall reasonably agree upon the scope of the Audit, the documents and processes to be
reviewed, and the time, place and manner in which the Audit shall be performed. The
Audited Party agrees to provide Audit support, including appropriate access to and use of
the Audited Partys facilities (e., conference rooms, telephones, copying machines).
Each Party shall bear its own expenses in connection with the conduct of the Audit. The
reasonable cost of special data extractions required by the Requesting Party to conduct the
Audit will be paid for by the Requesting Party. For purposes of this Section 49.3, a Special
Data Extraction" shall mean the creation of an output record or informational report (from
existing data files) that is not created in the normal course of business. If any program is
developed to the Requesting Party's specifications and at the Requesting Partys expense,
the Requesting Party shall specify at the time of request whether the program is to be
retained by the Audited Party for reuse for any subsequent Audit. Notwithstanding the
foregoing, the Audited Party shall pay all of the Requesting Partys external expenses
(including, without limitation, the fees of any independent auditor), in the event an Audit
results in an adjustment in the charges or in any invoice paid or payable by the Requesting
Party hereunder in an amount that is, on an annualized basis, more than the greater of (a)
one percent (1%) of the amount in dispute or (b) $10,000.
Adjustments, credits or payments shall be made and any corrective action shall commence
within thirty (30) days from the Audited Party's receipt of the final audit report to compensate
for any errors or omissions which are disclosed by such Audit and are agreed to by the
Parties. The highest interest rate allowable by law for commercial transactions shall be
assessed and shall be computed by compounding daily from the time of the original due
date of the amount of dispute.
Neither such right to examine and audit nor the right to receive an adjustment shall be
affected by any statement to the contrary appearing on checks or otherwise.
This Section 49 shall survive expiration or termination of this Agreement for period of two
(2) years after expiration or termination of this Agreement.
All transactions under this Agreement which are over thirty-six (36) months old are no longer
subject to Audit.
All information received or reviewed by the Requesting Party or the independent auditor in
connection with the Audit is to be considered Proprietary Information as defined by this
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 65
Agreement. The Audited 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 nondisclosure agreement satisfactory to the Audited Party. To the extent an
Audit involves access to information of third parties, the Audited Party will aggregate such
competitors' data before release to the Requesting Party, to insure the protection of the
proprietary nature of information of other competitors. To the extent competitor is an
Affiliate of the Audited Party (including itself and its subsidiaries), the Parties shall be allowed
to examine such Affiliate s disaggregated data, as required by reasonable needs of the
Audit.
49.An "Examination" shall mean an inquiry reasonably requested by either Party into specific
element of or process where the requesting Party raises dispute concerning services
performed by the other Party under this Agreement and such dispute has not been
resolved through the escalation process described in this Agreement. Only that
information that is necessary to resolve the dispute in issue must be provided in the course
of an Examination and the total time involved in an Examination for each Party may not
exceed three (3) people for three (3) days. Recognizing that Examinations are intended to be
limited in scope, only the appropriate provisions of this Section 49 shall apply to
Examinations, provided specifically that either Party may conduct only total of nine (9)
Examinations and Audits per year, with maximum of three (3) Audits per year.
50.Miscellaneous Services
50.Basic 911 and E911 General Requirements
50. 1. 1 Basic 911 and E911 provides caller access to the appropriate emergency service
bureau by dialing digit universal telephone number (911). Basic 911 and E911
access from Local Switching shall be provided to A T& T in accordance with the
following:
50.Each Party will be responsible for those portions of the 911 System for which it has
reasonable control, including any necessary maintenance to each Partys portion of
the 911 System.
50.E911 shall provide additional routing flexibility for 911 calls. E911 shall use
Customer data contained in the Automatic Location Identification/Data
Management System ("All/OMS'?, to determine to which Public Safety Answering
Point (PSAP) to route the call.
50. 1.4 If available in the U WEST network, U WEST shall offer third type of 911
service, S911. All requirements for E911 also apply to S911 with the exception of
the type of signaling used on the interconnection trunks from the local switch to the
E911 Tandem.
50.Basic 911 and E911 functions provided to A T& T shall be at least at parity with the
support and services that U WEST provides to its Customers for such similar
functionality.
50.Basic 911 and E911 access from Local Switching shall be provided to AT&T in
accordance with the following:
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
50.
Page 66
WEST shall conform to all state regulations concerning emergency
services.
50.2For E911 provided to resold lines or in association with unbundled
switching, U WEST shall use its service order process to update and
maintain Customer information in the ALl/OMS data base. Through
this process, U WEST shall provide and validate Customer
information resident or entered into the ALl/OMS data base.
50.7 US WEST shall provide for overflow 911 traffic consistent with U WEST policy
and procedure.
50.Basic 911 and E911 access from the A T& T local switch shall be provided to A T& T
in accordance with the following:
50.11f required by AT&T, US WEST shall interconnect direct trunks from the
A T& T network to the E911 Tandem for connection to the PSAP. Such
trunks to the E911 Tandem may alternatively be provided by A T& T.
50.2In government jurisdictions where US WEST has obligations under
existing agreements as the primary provider of the 911 System to the
county, AT&T shall participate in the provision of the 911 System
follows:
(a)Each Party shall be responsible for those portions of the 911
System for which it has control, including any necessary
maintenance to each Party's portion of the 911 System.
(b)WEST shall be responsible for maintaining the E-911
database.
50.31f third party is the primary service provider to government agency,
AT&T shall negotiate separately with such third party with regard to the
provision of 911 service to the agency. All relations between such third
party and A T& T are totally separate from this Agreement and
WEST makes no representations on behalf of the third party.
50. 8.4 If AT&T or an Affiliate is the primary service provider to government
agency, A T& T and US WEST shall negotiate the specific provisions
necessary for providing 911 service to the agency and shall include
such provisions in an amendment to this Agreement.
50.5Interconnection and database access shall be priced as specified in
Attachment to this Agreement or at any rate charged to other
interconnected carriers, whichever is lower.
50.6AT&T will separately negotiate with each county regarding the collection
and reimbursement to the county of applicable Customer taxes for 911
service.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
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50.7U WEST shall comply with established, competitively neutral intervals for
installation of facilities, including any collocation facilities, diversity
requirements, etc.
50.8In resale situation, where it may be appropriate for US WEST to update
the ALl database, U WEST shall update such database with A T& T
data in an interval no less than is experienced by WEST
Customers, or than for other carriers, whichever is faster, at no
additional cost.
50.
50. The following are Basic 911 and E911 Database Requirements:
50.
50.
50.9.4
50.
50.
50.9.7
50.
The ALl database shall be managed by U WEST, but is the property
of U WEST and any participating telephone company and CLEC for
those records provided by the company.
US WEST, or its agent, will be responsible for maintaining the E-911
Database. U WEST, or its agent, will provide copy of the Master
Street Address Guide ("MSAG'J, and periodic updates, to A T& T.
Copies of the MSAG shall be provided within twenty-one (21) calendar
days from the time requested and shall be provided on diskette,
magnetic tape, or in format suitable for use with desktop computers.
A T& T assumes all responsibility for the accuracy of the data that A T& T
provides to US WEST for MSAG preparation and E-911 Database
operation.
A T& T shall be solely responsible for providing A T& T database records
to U WEST for inclusion in U WEST's ALl database on timely
basis.
A T& T will provide end user data to the U WEST ALl database that
are Master Street Address Guide (MSAG) valid.
A T& T will update its end user records provided to the U WEST ALl
database to agree with the 911 MSAG standards for its service areas.
US WEST and A T& T shall arrange for the automated input and
periodic updating of the E911 database information related to AT&T
end users for resold lines in accordance with Section 10.1 of
Attachment to this Agreement. A T& T may request, through the BFR
process, similar arrangements for A T& T customers served on non-
resale basis. US WEST will furnish A T& T any variations to NENA
recommendations required for ALl database input. The cost of
magnetic tape transfer shall be borne by A T& T.
WEST and A T& T shall arrange for the automated input and
periodic updating of the E911 database information related to A T& T
end users. For resold services, U WEST shall work cooperatively
with A T& T to ensure the accuracy of the data transfer by verifying it
against the Master Street Address Guide (MSAG). For A T& T's
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
50.
50.
50.
50.
50.
50.
50.
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customers served by unbundled Network Elements or through
T& T's own facilities, T& T shall ensure the accuracy of its 911 data
by verifying it against the MSAG.
AT&T shall assign an E911 database coordinator charged with the
responsibility of forwarding T& T end user ALl record information to
WEST or via third-party entity, charged with the responsibility of
ALl record transfer. T& T assumes all responsibility for the accuracy
of the data that T& T provides to WEST.
The Parties shall maintain single point of contact to coordinate all
E911 activities under this Agreement.
For resold services, AT&T shall provide information on new Customers
to US WEST within one (1) Business Day of the order completion.
WEST shall update the database within two (2) Business Days of
receiving the data from T& T. If U WEST detects an error in the
T& T provided data, the data shall be returned to T& T within two (2)
Business Days from when it was provided to US WEST. T& T shall
respond to requests from U WEST to make corrections to database
record errors by uploading corrected records within two (2) Business
Days. Manual entry shall be allowed only in the event that the system
is not functioning properly. T& T may request, through the BFR
process, similar services from U WEST for their customers who are
served on non-resale basis.
The Parties will cooperate to implement the adoption of Carrier Code
(NENA standard five-character field) on all ALl records received from
T& T, when those standards, NENA-02-00N, are adopted by the
industry standards process. US WEST will furnish T& T any
variations from NENA recommendations required for ALl database
input. The Carrier Code will be used to identify the carrier of record in
INP configurations.
T& T will provide end user data to the US WEST ALl database
utilizing NENA-02-001 Recommended Formats For Data Exchange
and Recommended Standard For Street Thoroughfare Abbreviationsand Protocols For Data Exchange and Data Quality utilizing NENA
Recommended Formats for Data Exchange document dated June
1993.
WEST shall identify which ALl databases cover which states,
counties or parts thereo~ and identify and communicate point of
contact for each.
US WEST will provide T& T with the identification of the US WEST
911 controlling office that serves each geographic area served by
AT&T.
50.17 US WEST shall provide to AT&T, for AT&T Customers, E911/911 call
routing to the appropriate Public Safety Answering Point ("PSAP'j for
resold lines. U WEST shall provide and validate T& T Customer
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
50.
Page 69
information to the PSAP in the same fashion as it does for its own
Customers. U WEST shall use its service order process to update
and maintain, on the same schedule that it uses for its end users, the
AT&T Customer service information in the ALl/OMS used to support
E911/911 services. AT&T may request, through the BFR process,
similar services from U WEST for their customers who are served on
non-resale basis.
T& T exchanges to be included in US WEST's E911 Database will be
indicated via written notice and will not require an amendment to this
Agreement.
50.10.
50.10 The following are Basic 911 and E911 Network Requirements:
50.10.
50.10.
50.10.4
50.10.
US WEST, at T& T option, shall provide minimum of two (2) E911
trunks per jurisdictional area, or that quantity which will maintain P.
transmission grade of service, or the level of service provided
WEST to itself, whichever is the higher grade of service. These
trunks will be dedicated to routing 911 calls from AT&T switch to
US WEST E911 tandem.
WEST shall provide T& T data link to the ALl/OMS database
or permit T& T to provide its own data link to the ALl/OMS database.
WEST shall provide error reports from the ALl/OMS database to
T& T immediately after T& T inputs information into the ALl/OMS
database. Alternately, T& T may utilize WEST or third party
entity to enter Customer information into the database on demand
basis, and validate Customer information on demand basis.
US WEST shall provide the selective routing of E911 calls received
from T& T switching office. This includes the ability to receive the ANI
of the AT&T Customer, selectively route the call to the appropriate
PSAP, and forward the Customer's ANI to the PSAP. WEST shall
provide T& T with the appropriate CLLI codes and specifications
regarding the tandem serving area associated addresses and meet
points in the network.
Copies of E911 Tandem Boundary Maps shall be available to AT&T.
Each map shows the areas served by that E91 tandem. The map
provides AT&T the information necessary to set up its network to route
E911 callers to the correct E911 tandem.
T& T shall ensure that its switch provides an eight-digit ANI consisting
of an information digit and the seven-digit exchange code. T& T shall
also ensure that its switch provides the line number of the calling
station. In the event of change in industry standards, the Parties
shall cooperate to incorporate the changed standards in their
respective networks.
50.10.Each ALl discrepancy report shall be jointly researched by US WEST
and T& T. Corrective action shall be taken immediately by the
responsible party.
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50.10.7 Technical specifications for E911 network interface are available
through US WEST technical publication 77338. Technical
specifications for database loading and maintenance are available
through the third party database manager
--
SCC.
50.10.US WEST shall begin restoration of E911 and/or E911 trunking
facilities immediately upon notification of failure or outage. WEST
must provide priority restoration of trunks or networks outages on the
same terms/conditions it provides itself and without the imposition of
Telecommunications Service Priority (TSP).
50.10.US WEST shall identify any special operator-assisted calling
requirements to support 911.
50. 1. 10. 10 Trunking shall be arranged to minimize the likelihood of central office
isolation due to cable cuts or other equipment failures. There will be an
alternate means of transmitting a 911 call to PSAP in the event of
failures.
50.10.Circuits shall have interoffice, loop and carrier system diversity when
such diversity can be achieved using existing facilities. Circuits will be
divided as equally as possible across available carrier systems.
Diversity will be maintained or upgraded to utilize the highest level of
diversity available in the network.
50.10.12 Equipment and circuits used for 911 shall be monitored at all times.
Monitoring of circuits shall be done to the individual circuit level.
Monitoring shall be conducted by U WEST for trunks between the
tandem and all associated PSAPs.
50.10.13 Repair service shall begin immediately upon receipt of report of
malfunction. Repair service includes testing and diagnostic service
from remote location, dispatch of or in-person visit(s) of personnel.
Technicians will be dispatched without delay.
50.10.14 All 911 trunks must adhere to the Americans with Disabilities Act
requirements.
50.10.15 The Parties will cooperate in the routing of 911 traffic in those instances
where the ALl/ANI information is not available on particular 911 call.
50. 1. 10. 16 A T& T is responsible for network management of its network
components in compliance with the Network Reliability Council
Recommendations and meeting the network standard of U WEST for
the 911 call delivery.
50.11 Basic 911 and E911 Additional Requirements
50. 1. 11. 1 All T& T lines that have been ported via INP shall reach the correct
PSAP when 911 is dialed. US WEST shall send both the ported
number and the T& T number (if both are received from T& T). The
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50. 1. 11.
50.11.
50.11.4
50.11.
50.11.
50.11.
50.11.
50.11.
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PSAP attendant shall see both numbers where the PSAP is using
standard ALl display screen and the PSAP extracts both numbers from
the data that is sent.
WEST shall work with the appropriate government agency to
provide A T& T the ten-digit POTS number of each PSAP which sub-
tends each US WEST E911 Tandem to which AT&T is interconnected.
WEST will provide A T& T with the ten-digit telephone numbers of
each PSAP agency, for which U WEST provides the 911 function, to
be used by AT&T operators for handling emergency calls in those
instances where the A T& T Customer dials "0" instead of 911.
A T& T will provide U WEST with the ten-digit telephone numbers of
each PSAP agency, for which A T& T provides the 911 function, to be
used by U WEST operators for handling emergency calls in those
instances where the US WEST Customer dials "0" instead of 911.
US WEST shall notify AT&T forty-eight (48) hours in advance of any
scheduled testing or maintenance affecting A T& T 911 service, and
provide notification as soon as possible of any unscheduled outage
affecting A T& T 911 service.
AT&T shall be responsible for reporting all errors, defects and
malfunctions to US WEST. US WEST shall provide A T& T with the
point of contact for reporting errors, defects, and malfunctions in the
service and shall also provide escalation contacts.
A T& T may enter into subcontracts with third parties, including A T& T
affiliates, for the performance of any of A T& T duties and obligations
stated herein.
WEST shall provide sufficient planning information regarding
anticipated moves to SS7 signaling for the next twelve (12) months.
WEST shall provide notification of any pending tandem moves,
NPA splits, or scheduled maintenance outages, with enough time to
react.
50. 1. 11. 10 U WEST shall provide "reverse ALl" inquiries by public safety
entities, consistent with U WEST's practices and procedures.
50. 1. 11. 11 WEST shall manage NP A splits by populating the ALl database
with the appropriate new NPA codes, consistent with US WEST's
practices and procedures for resold services.
50.11.12 US WEST must provide the ability for A T& T to update 911 database
with end user information for lines that have been ported via INP or NP.
50. 1. 11. 13 The data in the ALl database shall be managed by U WEST but is
the property of U WEST and all participating telephone companies.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
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50.12 Performance Criteria. E-911 Database accuracy shall be as set forth below:
50.12.Accuracy of ALl (Automatic Location Identification) data submitted by
T& T to WEST will be measured jointly by the PSAPs andUS WEST. All such reports shall be forwarded to T& T
WEST and will indicate incidents when incorrect or no ALl data is
displayed. report regarding any inaccuracy shall be prepared by
WEST.
50.12.Each discrepancy report will be jointly researched by U WEST and
T& T. Corrective action will be taken immediately by the responsible
party.
50.12.Each party will be responsible for the accuracy of the Customer
records it provides.
50.Directory Assistance Service
50.2. WEST shall provide for the routing of Directory Assistance calls, including but
not limited to 411 555-1212 NPA-555-1212 dialed by AT&T Customers directly to
either the AT&T Directory Assistance service platform or US WEST Directory
Assistance service platform as specified by T& T.
50.T& T Customers shall be provided the capability by U WEST to dial the same
telephone numbers for access to T& T Directory Assistance that U WEST
Customers use to access U WEST Directory Assistance.
50.2.3 US WEST shall provide Directory Assistance functions and services to T& T for its
Customers as described below until, at T& T's discretion, US WEST routes calls to
the T& T Directory Assistance Services platform.
50.1 U WEST agrees to provide AT&T Customers with the same Directory
Assistance service available to U WEST Customers.
50.2 U WEST shall notify T& T in advance of any changes or enhancements
to its Directory Assistance Service, and shall make available such
service enhancements on non-discriminatory basis to T& T.
50.2.3U WEST shall provide Directory Assistance to AT&T Customers in
accordance with U WEST's internal operating procedures and
standards, which shall, at minimum, comply with accepted
professional and industry standards.
50.3.4 US WEST shall provide T& T with the same level of support for the
provisioning of Directory Assistance as WEST provides itself.
50.5Service levels shall comply, at minimum, with Commission requirements
for Directory Assistance.
50.US WEST agrees to maintain an adequate operator work force based
on review and analysis of actual call attempts and abandonment rate.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
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50.
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In the event that A T& T becomes aware of complaints or concerns
about Directory Assistance services provided by U WEST pursuant
to this Agreement, A T& T shall be entitled, upon written notice to U
WEST, to retain mutually acceptable independent third party
monitor Directory Assistance services. Subject to the provisions of
applicable U WEST collective bargaining agreements, the third
party retained by A T& T shall be entitled to participate in call
monitoring activities available to U WEST and to remote call
monitor for the express purpose of investigating the complaints or
concerns. The written request from A T& T shall specify the nature of
the complaints or concerns, the limited period for which call
monitoring is being requested, and the identity of the third party that
is to perform such activities. The third party retained by A T& T shall
limit its report to A T& T to information relating only to the complaints
or concerns giving rise to the call monitoring program or any issues
identified by the third party during the course of the call monitoring
program that concern services provided to A T& T and its end users.
In addition, A T& T is entitled at any time during the course of this
Agreement to place test calls into U WEST Directory Assistance
service offices similar to end user calls to monitor test quality. It is
expressly understood that US WEST will not be required to add
recorded announcements specifically to allow for third party call
monitoring if U WEST does not make such announcements for
itself.
WEST shall provide the following minimum Directory Assistance
capabilities to A T& T Customers:
(a)A maximum of two (2) Customer listings and/or addresses or
WEST parity per A T& T Customer request.
(b)Name and address to A T& T Customers upon request, except for
unlisted numbers, in the same states where such information is
provided to U WEST Customers.
(c)For A T& T customers who are served exclusively through resold
WEST retail services, A T& T may resell U WEST's
Directory Assistance call completion services to the extent
WEST offers call Directory Assistance completion to its own
end users. For AT&T customers who are served from an AT&T
switch, A T& T may request Directory Assistance call completion
services through the BFR process. Such BFR process shall
address the identification of the A T& T end user at the U WEST
Directory Assistance platform for purposes of routing and billing
of intraLATA and interLATA toll calls.
(d)The U WEST mechanized interface with the U WEST
subscriber listing database is not available for AT&T as of the
Effective Date of this Agreement. When the mechanized
interface is available, U WEST will populate the Directory
Assistance database in the same manner and in the same time
frame as for U WEST Customers.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
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(e)Any information provided by Directory Assistance Automatic
Response Unit (ARU) shall be repeated the same number of
times for A T& T Customers as for U WEST Customers.
(f)When an A T& T Customer served on resale or unbundled
switching basis requests WEST Directory Assistance
operator to provide instant credit on Directory Assistance call
the U WEST Directory Assistance operator shall inform the
A T& T Customer to call an 800 number for A T& T Customer
service to request credit. The accurate identification of A T& T
as the customer local service provider by the WEST
Directory Assistance operator requires the use of separate A T& T
trunks to the Directory Assistance Platform.
50.2.3. For resold lines and unbundled switching, US WEST shall
data regarding billable events as requested by A T&
provide
50.2.US WEST agrees to (a) provide to AT&T operators, on line access to
WEST's Directory Assistance database equivalent to the access
provided to US WEST operators; (b) allow AT&T or an AT&T
designated operator bureau to license U WEST's subscriber listings
database on terms and conditions equivalent to the terms and
conditions upon which US WEST utilizes such databases; and (c) in
conjunction with branded or unbranded Directory Assistance services
pursuant to Section of this Part A, provide caller-optional Directory
Assistance call completion service which is comparable in every way to
the Directory Assistance call completion service U WEST makes
available to its own users. A T& T may, at its option, request U WEST
not to provide call completion services to A T& T.
50.In addition to charges for Directory Assistance, when call completion
for an intraLA T A toll call is requested, the applicable charge for the
completion of such intraLA T A toll call will apply.
50.Operator Services
50.1 US WEST shall provide, for the routing of local Operator Services calls (including,
but not limited to, 0+, 0-) dialed by AT&T Customers directly to either the AT&T
Operator Service platform or U WEST Operator Service platform as specified by
AT&T.
50.2 AT&T Customers shall be provided the capability by US WEST to dial the same
telephone numbers to access A T& T Operator Service that US WEST Customers
dial to access U WEST Operator Service.
50.3 US WEST shall provide Operator Services to A T& T as described below until, at
A T& T's discretion, US WEST routes calls to the A T& T local Operator Services
platform.
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50.1 U WEST agrees to provide AT&T Customers the same Operator
Services available to U WEST Customers, U WEST shall make
available its service enhancements on non-discriminatory basis.
50.2U WEST shall provide the following minimum Operator Service
capabilities to A T& T Customers:
USWC/AT&T Interconnection Agreement -Idaho
(a)WEST shall complete 0+ and 0- dialed local calls, including
Coin, Automatic Coin Telephone Service (ACTS) and the
completion of coin calls, the collection of coins, and the provision
of coin rates.
(b)WEST shall complete 0+ intraLA T A and, when offered
interLATA toll calls. The Parties will cooperate to develop
industry standards to include the end user's PIC in Operator
Services signaling and the development of associated routing
procedures.
(c)WEST shall complete calls for A T& T's Customers that are
billed to calling cards and other commercial cards on the same
basis as provided to US WEST own customers and AT&T shall
designate to U WEST the acceptable types of special billing.
(d)
(e)
WEST shall complete person-to-person calls.
WEST shall complete collect calls.
(f)WEST shall provide the capability for callers to bill to third
party and complete such calls.
(g)
(h)
WEST shall complete station-to-station calls.
WEST shall process emergency calls.
(i)WEST shall process Busy Line Verify and Busy Line
Interrupt requests.
(j)
WEST shall process emergency call trace in accordance
with its normal and customary procedures.
(k)US WEST shall process operator-assisted Directory Assistance
calls.
(I)WEST operators shall provide A T& T Customers with long
distance rate quotes to the extent U WEST provides such rate
quotes to its own end users. Based on technology available
of the Effective Date of this Agreement, the provision of rate
quotes to AT&T Customers requires separate AT&T trunk
group to the U WEST Operator Services platform to identify
the caller as an A T& T Customer.
07/27/98
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WEST operators shall provide T& T Customers with time
and charges to the extent U WEST provides such time and
charges to its own end users. Based on technology available
of the Effective Date of this Agreement, the provision of time and
charges to T& T Customers requires separate T& T trunk
group to the U WEST Operator Services platform to identify
the caller as an T& T Customer.
(n)
(0)
US WEST shall route 0- traffic to live" operator team.
When an AT&T customer requests a U S WEST operator
to provide instant credit on an Operator Services call, the
U S WEST operator will record this request, similar to the
way U S WEST records such requests for its own
customers. In cases where AT&T has purchased U S
WEST Operator Services at a discounted retail rate, U S
WEST shall provide instant credit on the same basis that
it would provide such credit to its own customers. In all
other cases, U S WEST's liability for credits to AT&T shall
be as provided in Section 19 of this Part A. 31
(p)
WEST shall provide caller assistance for the disabled in the
same manner as provided to U WEST Customers.
(q)
When available to U WEST end users, U WEST shall
provide operator-assisted conference calling to T& T.
50.3 US WEST shall exercise at least the same level of fraud control in providing
Operator Service to T& T that U WEST provides for its own Operator Service
where the T& T fraud control data is in US WEST's LIDB database.
50.3.4 US WEST shall perform billed number screening when handling collect, third party,
and calling card calls, both for station to station and person to person call types.
In the event that T& T becomes aware of complaints or concerns about Operator
Services provided by U WEST pursuant to this Agreement T& T shall be
entitled, upon written notice to U WEST, to retain mutually acceptable
independent third party to monitor Operator Services. Subject to the provisions
of applicable U WEST collective bargaining agreements, the third party
retained by T& T shall be entitled to participate in call monitoring activities
available to U WEST and to remote call monitor for the express purpose of
investigating the complaints or concerns. The written request from T& T shall
specify the nature of the complaints or concerns, the limited period for which call
monitoring is being requested, and the identity of the third party that is to perform
such activities. The third party retained by T& T shall limit its report to T& T to
information relating only to the complaints or concerns giving rise to the call
monitoring program or any issues identified by the third party during the course of
the call monitoring program that concern services provided to T& T and its end
users. In addition T& T is entitled at any time during the course of this
Agreement to place test calls into U WEST Operator Service offices similar to
50.
31 Third Order, at pp. 6-
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
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end user calls to monitor test quality. It is expressly understood that U WEST
will not be required to add recorded announcements specifically to allow for third
party call monitoring if U WEST does not make such announcements for itself.
50.6 US WEST shall direct Customer account and other similar inquiries to the
Customer service center designated by T& T.
50.3.7 US WEST shall provide an electronic feed of Customer call records in "EMR"
format to T& T in accordance with the time schedule mutually agreed between the
Parties.
50.8 US WEST shall update the Line Information Data Base ("UDB') for T& T
Customers. Additionally, US WEST must provide access to UDB for validation of
collect, third party billed, and LEC card billed calls.
50.Where INP is deployed and when BL V/BLI request for ported number is directed
to US WEST operator and the query is not successful (i., the request yields an
abnormal result), T& T may request, through the BFR process, that the operator
confirm whether the number has been ported and direct the request to the
appropriate operator.
50.10 US WEST shall allow AT&T to order provisioning of Telephone Line Number
('TLN') calling cards and BNS" in its UDB, for ported numbers as specified by
T& T. U WEST shall continue to allow T& T access to its UDB.
50.10 Toll and Assistance (iT/A') refers to functions Customers associate with the "
operator. Subject to availability and capacity, access may be provided via Operator
Services trunks purchased from US WEST or provided by T& T via collocation
arrangements to route calls to T& T's platform.
50.12 Automated Branding ability to announce the carriers name to the Customer during
the introduction of the call.
50.13 Interconnection to the US WEST Toll and Assistance Operator Services from an
end office to US WEST T/A is technically feasible at least at three (3) distinct points
on the trunk side of the switch. The first connection point is an Operator Services
trunk connected directly to the T/A host switch. The second connection point is an
Operator Services trunk connected directly to remote T/A switch. The third
connection point is an Operator Services trunk connected to remote access
tandem with operator concentration capabilities.
50.14 All trunk interconnections will be digital.
50.15 The technical requirements of Operator Services type trunks and the circuits
connect the operator positions to the host are covered in the Operator Services
Switching Generic Requirements ("OSSGR') Bellcore Document number FR-NWT-
000271.
50.16 Busy Line Verify and Interrupt
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
50.16.
50.16.
50.16.
50.16.4
50.16.
50.16.
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At the request of A T& T operators or Customers, US WEST operators
will perform Busy Line Verify (BL VJ andlor Busy Line Interrupt (BUJ
operations where such capacity exists.
When possible and where consistent with the service U WEST
provides to its own Customers andlor end users, U WEST shall
engineer its BL VIBLI facilities to accommodate the anticipated volume
of BL VIBLI requests during the busy hour. A T& T may, from time to
time, provide its anticipated volume of BL VIBLI requests to U WEST.
In those instances when failures occur to significant portions of the
BL VIBLI systems and databases and those systems and databases
become unavailable, US WEST shall promptly Inform A T& T.
BL V is performed when one Partys Customer requests assistance
from the other Party s operator or operator bureau to determine if the
called line is in use; provided, however, that the operator bureau will
not complete the call for the Customer initiating the BL V inquiry. Only
one (1) BL V attempt will be made per Customer operator bureau call
and charge shall apply whether or not the called party releases the
line.
BLI is performed when one Party s Customer requests assistance from
the other Party'operator bureau to interrupt telephone call in
progress after BL V has occurred. The operator bureau will interrupt the
busy line and inform the called party that there is call waiting. The
operator bureau will only interrupt the call and will not complete the
telephone call of the Customer initiating the BLI request. The operator
bureau will make only one (1) BLI attempt per Customer operator
telephone call and the applicable charge applies whether or not the
called party releases the line.
Each Party s operator bureau shall accept BL V and BLI inquiries from
the operator bureau of the other Party in order to allow transparent
provision of BL VIBLI traffic between the Parties' networks.
Each Party shall route BL VIBLI Traffic inquiries over direct trunks
between the Parties' respective operator bureaus. Unless otherwise
mutually agreed, the Parties shall configure BL VlBLI trunks over the
Interconnection architecture defined in Attachment to this Agreement.
50.4.
Directory Assistance and Listings Service Requests50.4
These requirements pertain to U WEST's Directory Assistance and Listings
Service Request process that enables AT&T to (a) submit AT&T Customer
information for inclusion in U WEST Directory Assistance and Directory Listings
databases; (b) submit A T& T Customer information for inclusion in published
directories; and (c) provide AT&T Customer delivery address information to enable
WEST to fulfill directory distribution obligations.
50.4.(Intentionally left blank for numbering consistency.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
50.4.
Page 79
WEST will accept the following Directory Listing Migration Orders
from AT&T, valid under all access methods, including, but not limited
to, Resale, Unbundled Network Elements and facilities-Based, and will
process the orders in mechanized format:
(a)Migrate with no Changes: Maintain all directory listings for the
Customer in both Directory Assistance and Directory Listing.
Transfer ownership and billing for listings to A T& T.
(b)Migrate with Additions: Maintain all directory listings for the
Customer in both Directory Assistance and Directory Listing.
Incorporate the specified additional listings order. Transfer
ownership and billing for the listings to A T& T.
(c)Migrate with Deletions.Maintain all directory listings for the
Customer in both Directory Assistance and Directory Listing.
Delete the specified listings from the listing order. Transfer
ownership and billing for the listings to A T& T.
50.4.3 The Directory Listings Migration Options should not be tied to migration
options specified for related service order (if any) such that service
order specified as migration with changes may be submitted along with
directory listing order specified as migration with no changes.
50.4.1.4 U WEST shall ena,ble A T& T to electronically transmit multi-line listing
orders.
50.4.5 US WEST agrees to work cooperatively with A T& T to define specifications
for, and implement daily summary report of, Directory Service
Requests. The summary information will include, but is not limited to,
the following information:
(a)White page listings text and format (name, address, phone, title,
designation, extra line requirements)
(b)Listing Instruction codes
50.4.6To ensure accurate order processing, US WEST shall provide to AT&T the
following information, with updates within one (1) Business Day of
change and via electronic exchange:
(a)
(b)
A matrix of NXX to central office
Geographical maps, if available, of U WEST service area
(c)description of calling areas covered by each directory,
including, but not limited to, maps of calling areas and matrices
depicting calling privileges within and between calling areas
(d)Listing format rules
(e) Listing alphabetizing rules
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 80
(f)Standard abbreviations acceptable for use in listings and
addresses
(g)
Titles and designations
50.4.1.7Based on changes submitted by AT&T, US WEST shall update and
maintain Directory Assistance and Directory Listings data for AT&T
Customers who:
(a)
(b)
Disconnect Service
Change carrier
(c)
(d)
Install Service
Change any service which affects Directory Assistance
information
(e)
(f)
Specify Non-Solicitation
Are Non-Published, Non-Listed, or Listed
50.4.8U WEST shall not charge for storage of AT&T Customer information in
the Directory Assistance and Directory Listing systems.
50.4.9AT&T shall not charge for storage of US WEST Customer information in
the Directory Assistance and Directory Listing systems.
50.Directory Assistance Data
This Section refers to the residential, business, and government Customer records
used by U WEST to create and maintain databases for the provision of live or
automated operator assisted Directory Assistance. Directory Assistance data is
information that enables telephone exchange carriers to swiftly and accurately
respond to requests for directory information, including, but not limited to, name
address and phone numbers. Under the provisions of the Act and the FCC
Interconnection Order, U WEST shall provide unbundled and non-discriminatory
access to the residential, business and government Customer records used by
WEST to create and maintain databases for the provision of live or automated
operator assisted Directory Assistance. AT&T may combine this element with
any other Network Element for the provision of any Telecommunications
Service.
50.5.
WEST shall provide an initial load of Customer records and Customer list
information to T& T, in mutually-agreed-to format, via electronic transfer, within
thirty (30) calendar days of the Effective Date of this Agreement. The initial load
shall include all data resident in the U WEST Databases and/or systems used by
WEST for housing Directory Assistance data and/or Customer listing data. In
50.5.2
32 Per Order 27236 at p.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
Page 81
addition, the initial load shall be current as of the prior Business Day on which the
initial load is provided.
50.3 US WEST shall provide T& T daily updates to the Customer records and
Customer list information in mutually-agreed-to format via electronic transfer.
50.5.4 U S WEST shall provide the ability for T& T to electronically query the US WEST
Directory Assistance database and listings database in manner at least consistent
with and equal to that which U S WEST provides to itself or any other Person.
50.5 US WEST shall provide T& T complete list of ILECs, CLECs, and independent
telephone companies that provided data contained in the database.
50.6 On daily basis, US WEST shall provide updates (end user and mass) to the
Listing information via electronic data transfer. Updates shall be current as of one
(1) Business Day prior to the date provided to T& T.
50.7 US WEST shall provide T& T access to Directory Assistance support databases.
For example, T& T requires access to use restriction information including, but not
limited to, call completion.
50.Directory Assistance data shall specify whether the Customer is residential
business, or government Customer. Additionally, data must include all levels of
indentation and all levels of information specified in "Directory Assistance Data
Information Exchanges and Interfaces" below.
50.Directory Assistance data shall be provided on the same terms, conditions, and
rates that U S WEST provides such data to itself or other third parties.
50.5. 10 U S WEST shall provide complete refresh of the Directory Assistance data upon
request by AT&T.
50.5. 11 US WEST and T& T will cooperate in the designation of location at which the
data will be provided.
51.Unused Transmission Media
51.Definitions
51.Unused Transmission Media is physical inter-office transmission media (e., optical
fiber, copper twisted pairs, coaxial cable) which have no lightwave or electronic
transmission equipment terminated to such media to operationalize transmission
capabilities.
51.Dark fiber is excess fiber optic cable which has been placed in network and is not
currently being lit by electronics from any carrier. Dark Fiber, one type of Unused
Transmission Media, is unused strands of optical fiber. Dark Fiber also includes
strands of optical fiber which mayor may not have lightwave repeater (regenerator
or optical amplifier) equipment interspliced, but which has no line terminating
facilities terminated to such strands. Unused Transmission Media also includes
unused wavelengths within fiber strand for purposes of coarse or dense
wavelength division multiplexed (WDM) applications. Typical single wavelengthUSWC/AT&T Interconnection Agreement - Idaho 07/27/98
51.
51.
51.
Page 82
transmission involves propagation of optical signals at single wavelengths (1.
55 micron wavelengths). In WDM applications, WDM device is used to combine
optical signals at different wavelengths on to single fiber strand. The combined
signal is then transported over the fiber strand. For coarse WDM applications, one
(1) signal each at micron and 55 micron wavelength are combined. For dense
WDM applications, many signals in the vicinity of micron wavelength and/or
micron wavelength are combined.
While US WEST is not required to provide Unused Transmission Media, A T& T may,
subject to the agreement of U WEST, lease copper twisted pairs, coaxial cable or other
Unused Transmission Media.
Requirements
51.Subject to Section 51.above, US WEST shall make available Unused
Transmission Media to A T& T under lease agreement or other arrangement.
51.WEST shall provide single point of contact for negotiating all Unused
Transmission Media use arrangements.
51.A T& T may test the quality of the Unused Transmission Media to confirm its usability
and performance specifications.
51.3.4 Where Unused Transmission Media is required to be offered or is agreed to be
offered by U WEST, U WEST shall provide to A T& T information regarding the
location, availability and performance of Unused Transmission Media within ten (10)
Business Days for records based answer and twenty (20) Business Days for
field based answer, after receiving request from A T& T ("Requesf? Within such
time period, U WEST shall send written or electronic confirmation or any other
method of notification agreed to by the Parties of availability of the Unused
Transmission Media ("Confirmation
51.Where Unused Transmission Media is required to be offered or is agreed to be
offered by U WEST, U WEST shall make Unused Transmission Media
available for A T& T's use in accordance with the terms of this Section 51 within
twenty (20) Business Days or reasonable time frame consistent with industry
standards after it receives written acceptance from AT&T that the Unused
Transmission Media is wanted for use by A T& T. Splicing of A T& T fiber may be
performed at the same points that are available for U WEST splices.
Requirements Specific to Dark Fiber
51.4.A T& T may test Dark Fiber leased from U WEST using A T& T or A T& T designated
personnel subject to Section 51.2. US WEST shall provide appropriate interfaces to
allow testing of Dark Fiber. U WEST shall provide an excess cable length of
twenty-five (25) feet minimum, where available, for fiber in underground conduit.
WEST shall provide splicing of A T& T fiber to U WEST Dark Fiber under
normal circumstances (e., no construction) in metropolitan areas within seventeen
(17) calendar days of A T& T's request, and within thirty (30) calendar days of
request in non-metropolitan area. A T& T may request expedited splicing, which
shall be subject to available U WEST resources.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
51.
51.
51.4.
Page 83
For WDM applications, U WEST shall provide to T& T an interface to an existing
WDM device or allow T& T to install its own WDM device (where sufficient system
loss margins exist or where AT&T provides the necessary loss compensation) to
multiplex the traffic at different wavelengths. This applies to both the transmit and
receive ends of the Dark Fiber.
(Intentionally left blank for numbering consistency.
Portions of the bandwidth of the fiber may be sectioned and T& T may share the bandwidth
with US WEST and other CLECs.WEST may not deny access to interconnection
any unbundled network element on the basis of technical feasibility or capacity
limitation, where such unfeasibility or capacity may be eliminated by making any
existing dark fiber capable of operation.
52.
Service Standards52.
WEST shall provide to T& T service that is equal to that which U WEST provided
to itself or to its Affiliates. U WEST and T& T agree to amend this Section and all
relevant portions of this Agreement to incorporate any performance standards and
reporting measures to which the Parties may mutually agree. In the event the Parties do
not reach agreement as to specific performance standards and reporting measures, U
WEST will provide to T& T performance standard reports that U WEST prepares for
itself or can reasonably develop. AT&T may request any additional reports, provided
that it pays U S WEST's efficient incremental costs for providing these additional
reports Either Party may resolve specific disputes regarding performance standards
and reporting measures in accordance with the dispute resolution process contained
herein. However, AT&T is not entitled to demand in the name of service parity
levels at any predetermined level 35 no will any performance penalties or credits
be included in this Agreement except as the Parties may otherwise agree.
Entire Agreement
53. 1 This Agreement shall include the Attachments, Appendices and other documents referenced
herein all of which are hereby incorporated by reference, and constitutes the entire
agreement between the Parties and supersedes all prior oral or written agreements,
representations, statements, negotiations, understandings, proposals and undertakings with
respect to the subject matter hereof.
53.
53.If provision contained in any US WEST tariff conflicts with any provision of this
Agreement, the provision of this Agreement shall control, unless otherwise ordered by the
FCC or the Commission.
Reservation of Rights
54. 1 The Parties acknowledge that the terms of this Agreement were established pursuant to an
order of the Commission. Any or all of the terms of this Agreement may be altered or
abrogated by successful challenge to this Agreement (or the order approving this
54.
33 Per First Order at 10; Second Order at 7.
34 Per First Order at p. 47.
35 Per First Order at p. 46
36 Per First Order at p. 48.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 84
Agreement) as permitted by applicable law. By signing this Agreement, neither Party waives
its right to pursue such challenge.
54.The Parties enter into this Agreement without prejudice to any position they may have
taken previously, or may take in the future in any legislative, regulatory, or other public
forum addressing any matters, including matters related to the types of arrangements
prescribed by this Agreement.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 85
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective
duly authorized representatives.
AT&T Communications of the Mountain
States, Inc.
U S WEST Communications, Inc.
Signature Signature
Name PrintedfTyped Name PrintedfTyped
Title Title
Date Date
Signature does not indicate agreement with all aspects of the arbitrator s decision, nor does it waive any of
WEST's right to seek judicial review of all or part of the agreement, or to reform the agreement as the
result of successful judicial review.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Attachment 1
Page 86
ATTACHMENT
RATES and CHARGES
TABLE OF CONTENTS
1. General Principles
2. Resale Rates and Charqes
3. Construction and Implementation Costs
4. Unbundled Loops - Conditioninq Charqe
5. Transport and Termination - Interim Prices
6. Number Portability
7. Network Elements
8. Rate Schedule
APPENDIX A - Price List
RATES and CHARGES
General Principles
1. 1 All rates provided under this Agreement shall remain in effect for the term of this Agreement
unless they are not in accordance with all applicable provisions of the Act, the rules and
regulations of the FCC, or the Commission s rules and regulations.
Except as otherwise specified in this Agreement, as approved or ordered by the
Commission, or as agreed to by the Parties through good faith negotiations, nothing in this
Agreement shall prevent Party through the dispute resolution process described in this
Agreement from seeking to recover the costs and expenses, if any, it may incur in (a)
complying with and implementing its obligations under this Agreement, the Act, and the
rules, regulations and orders of the FCC and the Commission, and (b) the development
modification, technical installation and maintenance of any systems or other infrastructure
which it requires to comply with and to continue complying with its responsibilities and
obligations under this Agreement.
Resale Rates and Charges
U S WEST is permitted to charge a Customer Transfer Charge ("CTC") for resale
customers switching to AT&T as set forth in Appendix A to this Attachment 1.
1.2
The Parties shall apply resale discount rates for resold Southern Idaho retail services
and resold Northern Idaho retail services as set forth in Appendix A to this
Attachment 1.
37 Per Second Order at 20.38 Per Second Order at 20.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
2.4
2.7
Attachment 1
Page 87
If the resold services are purchased pursuant to tariffs and the tariff rates change, charges
billed to A T& T for such services will be based upon the new tariff rates less the applicable
wholesale discount as agreed to herein. The new rate will be effective upon the tariff
effective date.
A Subscriber Line Charge (SLC) will continue to be paid by A T& T without discount for each
local exchange line resold under this Agreement. All federal and state rules and regulations
associated with SLC or as found in the applicable tariffs also apply.
A T& T will pay to U WEST the PIC change charge without discount associated with A T& T
end user changes of interexchange or intraLA T A carriers.
A T& T agrees to pay US WEST at the wholesale discount rate when its end user activates
any services or features that are billed on per use or per activation basis (e., continuous
redial, last call return, call back calling, call trace, etc.). US WEST shall provide A T& T with
detailed billing information per applicable OaF standards unless otherwise agreed to by the
Parties as necessary to permit A T& T to bill its end users such charges.
(Intentionally left blank for numbering consistency)
Nonrecurring charges will be billed as approved by the Commission.
(Intentionally left blank for numbering consistency)
(Intentionally left blank for numbering consistency)
Resale prices shall be wholesale rates determined on the basis of retail rates charged to
subscribers for the Telecommunications Service requested, excluding the portion thereof
attributable to any marketing, billing, collection and other costs that will be avoided by
WEST as specified in the Act, by the FCC and/or the Commission As an interim
measure, U S WEST shall be obligated to offer its volume and term discount service
plans to AT&T at a lesser discount than the wholesale discount, calculated as the full
discount less the percentage thereof that is attributable to avoided billing and
customer service costs, provided that AT&T complies with the volume and term
requirements contained therein.39 These prices are as set forth in Appendix A.
12 US WEST shall bill AT&T and AT&T is responsible for all applicable charges for Resale
Services. A T& T shall be responsible for all charges associated with services that A T& T
resells to an end user.
Construction and Implementation Costs
AT&T proposed language
US WEST may assess AT&T up-front, nonrecurring charges for construction costs
associated with a service if U S WEST assesses its own end users such charges for
similar construction pursuant to U S WEST's tariffs. If AT&T requests a particularly
extensive or risky form of construction that U S WEST can demonstrate was not
39 Per First Order at 16.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Attachment 1
Page 88
contemplated when the applicable tariff was filed and approved or allowed to go into
effect, U S WEST may require AT&T to submit the request pursuant to the BFA
process as contemplated by this Agreement.
Issue No.
U S WEST proposed language pursuant to the Eighth Circuit Decision
1 USWES'l'. maY assess A'l'&'l' 'lip,..front~ nonrec'li~ring charges for(,!onst%"l.ictiQncosts associated 'II1ith.'service ifU SWES'l'assesses its
oW1'l.ei1d " users suc::h CllargeS' for similar "construc::tion '
."
pursuant to
SWES'l"s tariffs'' If A'l'&'l'requ.ests "U 'SWES'l' "to c::onst::1'\'!.c;:t f~ci1itie$not:: in'place ,at, the
' ,
time of ' the .reques:t:and ~ch.i ~,.requ.est '
. '
is "n()tnecess~J:y t() ." accOllllllOdate"
, ,
access to .'. UnhUri.dled NetworJt EleD1ents 'fo:r:
inte:l:'c:on:E1ection. U 'S""WES'l""~Y"/requ.ire,A'l'&'1" to , s1.1bmit the' ,request:pursu~t't()the"BFR.proc:.:ess ()r' througll' 'the construction ' provisionsbelow. as appropriate. ..
Resale
const&uction Gharges,associated.irVHhther~saleof 'se:rviceswill
Cippl:Leclin tJ;xE:!' same manne;r, 'tl1g:t
. ..,
.construction. "charges apply,td,WES'1"sretail end Users: ,. 'Wh$re US WEST, charges its retail
c:Ust:omers" GoTlstrUction ,charges fdrthesaleofaCldi tional fi3.cilHies,iU"WESTwill c:nCj.rgeAT&T iB.the, SamemCinner.
those caseS in which U SWEST wduld not charge its retail
Gustdmers construcpioncharges,JIS ' WEST ,wilTndtcharge AT&T,
resale customers, 'thdsechCi:r,:ges: ,
' ,.. , "
, LIS and' ASSoc::iatedInt.$roffic:iei:t'ranspO:rt
.. , '' ,
Edi-,~yg:ssdciated. cdh$truCtipncharg$$fdi-LIS, (local
, ,
interconnection) 'trunklnganp:a:ssodated in ter- dfffcetrahsport,refer ,to "the trunkillg forec:ast proVisionsot,Attachment of thisAg;rE:!ernent.
' , , ..
uIibUndled, Network Elements"
US WEST will condUct ani individual financial assessment of any
reqU e s,twb:ichreqUire$GPn.struct iohof, networl(capadty.~ facilit:Les, or space for access to Or l.lseofunb(.tndledNetworkElements.TEUS WEST constructs to fulfill AT&T's request ,:forunbundled Ne'tvvor k El eIDeR t sf U SWEST' wi 11 bid .thi s co:ns.t.ruction.oncase:"'bY""casebasis~ US 'WES'1' wi IF 'charge for the 'construCtion
throughnon,..recuriip.g charges or a feptlagreement.
" ,
Uponth~request for 'additionalUnbi..mcUed 16ops,
...
for residentialcus tdmei-s inthos eareCiswhii:reQ S 'WES'1'hCis f aciJities, but thos e
facilities areexhaUsted,consthiction charges anclordering procedUres as SOdCi tedwith ,theseadditional)oops will be applied
i:nthe same mCinn.eras CiPpliedbY U SWES~m . ifs pwnresidential customers.
" ,' '. "
40 Per First Order at 25; per Sixth Order at 6.
41 (footnote deleted)
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Attachment 1
Page 89
If 'AT&T, 'requires additionalfa~ilitiesor capa9ity, beYOndthat which .exists inti SWE$'!"s net:worKat thetimeAT&T's
need' arises'..AT&Tmay requestTJSWE$T.meet ,its reasonabl!2
coristru~ t i on ' needs 'only.i f athi rQ.party "
.'
contra c t.or would
not be able, orper'rni.. tted,tomeefAT&T'S reqUest. ' For
example,., a third party ,would hot .,b~permitteCl", cOri$t:rdct in" certain areaso f ti S 'WESTisCehEralof fices....'arid'theref.ore
S WEST."would proVcide the'cOristruction. Whensuch.third
party is available aJ:1Q. permi tfedtol:HiHdforAT&T,USWESTshalYhavenoobligationtounderfakethat ,construction,
' ,
althoUg)J:itmay"c)J:oose todo..'S.o if agreeable to both AT&Tarid US WEST. '
' , '
After 'submitting-its requesf , S., WEST 'vJilJ preparreareasonable qUote consistent, withlhe, terms arid conditionS of
SecttoJ:1,3 ,4 below. If AT&T o.qesnotaccept the ,.USWEST
qUote, AT&T mayr!2qUeSt. that parties meeV.to resolve theconstructioJ:1 coSts iri g,ooo. faith. US WEST shall not berequiredtobegint.he constructioI1.set forthirifllis' Section
3 until thepa:t"ties agreeo:npayment 'terms.
US W:i::STwillprqcess .indconstruc6AT&T'faciTities request utilizing'the same processes and' timeframes..aSU SWESTp1.lilds facilities, for itself.
A quote for the AT&T portion of specific job will be provided to AT&T. The quote will be in
writing and will be binding for ninety (90) days after the issue date. When accepted, A T& T
will be billed the quoted price and construction will commence after receipt of payment.
A T& T chooses not to have U WEST construct the facilities, U WEST reserves the right
to bill A T& T for the expense incurred for producing the engineered job design.
A T& T shall make payment of fifty percent (50%) of the nonrecurring charges and fees upon
acceptance of the quotation with the remainder due upon completion of the construction. In
the event that A T& T disputes the amount of U WEST's proposed construction costs,
A T& T shall deposit fifty percent (50%) of the quoted construction costs into an interest
bearing escrow account prior to the commencement of construction. The remainder of the
quoted construction costs shall be deposited into the escrow account upon completion of the
construction. Upon resolution of the dispute, the escrow agent shall distribute amounts in
the account in accordance with the resolution of such dispute, and any interest that has
accrued with respect to amounts in the account shall be distributed proportionately to the
Parties. The pendency of any such dispute shall not affect the obligation of U WEST to
complete the requested construction.
Unbundled Loops - Conditioning Charge
For loops that need conditioning, as requested by AT&T, to ensure the necessary
transmission standard, conditioning charges will apply as specified in Appendix
U S WEST will also apply a recurring charge, as specified in Appendix A, for
the cost of removing load coils and bridge taps, provided that U S WEST must
42 Per First Order at 8, 32; Per Second Order at 3-
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Attachment 1
Page 90
provide AT&T with Loops that do not require unloading, where such Loops are
available, until permanent prices are established. AT&T may require certification
from a knowledgeable representative of U S WEST if U S WEST states that no such
Loops are available U S WEST shall not be required to de load its own (unleased)
lines or to move its own Customers to other lines. If U S WEST only deloads the
lines requested by AT&T, AT&T shall bear all of the costs efficiently and
nnecessarily incurred by U S WEST in deloading those lines. If U S WEST deloads
additional lines in the group at the same time it deloads lines that AT&T has
requested, AT&T shall only be required to pay its pro rata portion of the deloading
costs based on the percentage of lines deloaded at AT&T's request. In such cases,
AT&T may require certification as to the actual number of Loops deloaded from the U
S WEST representatives who performed and supervised the deloading.
Transport and Termination
(Intentionally left blank for numbering consistency)
(Intentionally left blank for numbering consistency)
For traffic terminated to the other Party s Customer, where both such Customers
bear NPA-NXX designations associated with the same LATA or other authorized
area (e., extended area service zones in adjacent LATAs), including those traffic
types that have been traditionally referred to as "local calling , as "extended area
service (EAS)", the following reciprocal rate structure shall apply:
(a)
Call Termination - Switching Rates.
other
the
(c)
(d)
The Parties agree that local switching and tandem switching rates
as described in Schedule 1 of this Attachment shall apply
reciprocally for the termination of 10caVEAS traffic. These rates
will apply to all traffic terminated on either party s network.
(b)If one Party desires to purchase dedicated transport from the
Party, reciprocal compensation shall be in accordance with
rates established in Schedule 1 of this Attachment.
Dedicated transport facilities may be provided as, but not limited
to, DS-3 and DS-1 facilities with or without the tandem switching
functions, for the use of either Party between the point of
interconnection and the terminating end office or tandem switch.
If the Parties elect to establish two-way trunking direct trunks, the
compensation for such jointly used facilities shall be adjusted
follows. The nominal compensation shall be pursuant to the rates
for dedicated transport as established in Schedule 1 of this
Attachment. The actual rate paid to the provider of the dedicated
facility shall be reduced to reflect the provider s use of that facility.The adjustment in the dedicated transport rate shall be a
43 Per First Order at 8, 32; Per Second Order at 3-44 Per First Order at 49; Per Second Order at 38; Per Third Order at 7.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Attachment 1
Page 91
percentage that reflects the provider s relative use of the facility
based on an average monthly usage measured on originating
minutes of use.
(e)Common transport may be used as an alternative to dedicated
transport. Reciprocal compensation for common transport rates
are provided for in Schedule 1 of this Attachment.
(f)Multiplexing options are available pursuant to rates established in
Schedule 1 of this Attachment.
Transit Traffic
The Parties agree that the rates set forth in this Agreement will apply to
transited traffic regardless of the final point of termination.
No AT&T Tandem Rate Charges
At the time of entering into this Agreement, AT&T is not entitled to charge the
rate for transport and termination.
Number Portability
tandem
US WEST and AT&T shall track their respective costs for providing number
portability until a definitive method for allocating the cost is determined. At that
time, U S WEST shall recover its efficiently incurred costs for providing number
portability for the period during which recovery has been held in based on such
definitive method for allocating COSt.46 In the interim, costs will be apportioned
accordin~ to the gross revenues of AT&T and U S WEST less charges paid to other
carriers.
The Parties shall work together to incorporate the results of the FCC Access Reform Order
when final.
T& T may request US WEST to provide T& T call detail records identifying each IXC
which are sufficient to allow T& T to render bills to IXCs for calls IXCs place to ported
numbers in the US WEST network which US WEST forwards to T& T for termination.
the extent U WEST is unable to provide billing detail information within reasonable time
frame, the Parties may agree on an interim method to share access revenues pursuant to
mutually agreed upon surrogate approach.
Network Elements
In the absence of a negotiated sharing method, the following provisions will apply:
45 Per First Order at 3; Per Third Order at 7.
46 Per First Order at 39.
47 Per Second Order at 348 Per First Order at 35; Per Third Order at 7-
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
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Page 92
For the development and implementation allowing access to operations support
systems, U S WEST shall be entitled to recover one-fourth of is development and
implementation costs in each of the first four 12-month periods following the
acceptance of such shares as valid. That recovery shall include the cost of money at
the level then assumed for purposes of deriving unbundled network element prices.
U S WEST shall recover these costs from each carrier (including itself and any
affiliate) who used such systems for such period; the share of these costs for which
each shall be liable should be equal to its share (vis-a-vis only the other carriers who
are obligated to pay these costs) of whatever market penetration characteristic is
determined to be proper for allocating interim number portability costs. If no such
characteristic is ultimately used to allocate interim number portability costs, then the
sharing basis shall be as determined by the Idaho Commission from among the FCC-
authorized available interim number portability sharing methods or combination
thereof.
For a year in which an obligated carrier was under agreement with U S WEST for less
than twelve months, its share of the costs shall be prorated accordingly.
By April 1 of each year during the term of this Agreement, U S WEST shall
recalculate for the preceding calendar year, the market shares for each
competing local carriers providing local telecommunications service
within the state of Idaho in that calendar year. For each of the first four
years, U S WEST shall assign to each competing carrier one-fourth of U S
WEST's development costs according to each competing carrier s market
share at the end of that calendar year. For each of years five (5) through (
8), U S WEST shall make a similar calculation of market share. When such
calculations produces an amount owing by a competing carrier to U S
WEST, that amount shall be paid to U S WEST promptly after presentation
of supporting documents has been made by U S WEST.
To ensure that (1) U S WEST does not over-recover or under-recover its
costs of development, and (2) each carrier s net payment responsibility
continues to match its market share over the amortization period: U S
WEST shall, in each of years five (five) through eight (8), rebate any and all
money collected by U S WEST that exceeds its costs of development costs
as set out in Section 7.1 above. Such rebates shall be in proportion to the
total net cumulative amounts (payments net of rebates) that each carrier
has paid to U S WEST for development costs .
AT&T shall be entitled to audit at any time during the period during which
its payment obligations or receipt rights under these provisions (and
beyond, to the extend authorized by any other audit time limit provided for
in the Agreement) the efficiency of U S WEST's expenditures, the necessityfor it to meet obligations to AT&T, the accuracy of any costs, the
49 Per Third Order at 8
50 Per Third Order at 8
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
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reasonableness of any allocations or assignments of additional costs, and
the date and extent of system use by any other party, including U S WEST
or its affiliates. 51
AT&T is entitled to purchase rebundled Loops and Switching Elements for no more
than the stand-alone element prices set forth in Appendix A. For rebundled
switching elements and loops, U S WEST shall be able to recover the interstate
Common Carrier Line Charge and 75% of the Residual Interconnection Charge as
specified in Appendix A.
An interim charge, subject to true-up when a permanent rate is established, for
accessing U S WEST's directory assistance database is 1/5 of U S WEST's retail
rate for directory assistance as of the effective date of this Agreement,
On an interim basis, subject to true-up, US WEST's interstate tariff rate for
collocation shall apply.
Rate Schedule
APPENDIX A - Price List
Interim rates for Interconnection, Unbundled Network Elements, Ancillary
Services, and Reciprocal Compensation are provided in Appendix A to this
Attachment 1.
The prices for shared transport54 as listed on Appendix A to this Attachment 1 are
interim. As of the effective date of this Agreement, the ADR process may be
undertaken by either Party for the purpose of establishing permanent rates. That
ADR process is to be completed within ninety (90) days of the initial request, unlessthe Parties mutually agree to extend the time required to complete the ADR
process.
For purposes of non-recurring charges, U WEST shall be entitled to charge 10% of the non-
recurring charges that its final price lists includes for loops, ports and signaling links. These
charges shall be subject to true-up retroactively to the commencement of service under this
Agreement in the event that these charges are changed by later cost related proceedings in
Idaho. If either Party finds that, after A T& T begins providing service under this Agreement, that
the approved amounts are inappropriate, the Parties shall renegotiate the charge amounts.
Should good faith efforts to change the amounts prove unsuccessful, either Party may resolve
any remaining disagreement through the dispute resolution procedures outlined in this
Agreement or as part of proceeding subsequently filed with the Commission.5556
51 Per First Order at 35.
52 Per First Order at 14.
53 Per First Order at 35.54 Per Order 27236 at pp 9-12.
55 Per Order 27236 at 13
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
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56 Per Order 27236 at 12.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
11.
12.
Attachment 2
Page 95
ATTACHMENT 2
RESALE
TABLE OF CONTENTS
Description
General Terms and Conditions for Resale
Basic Service Requirements
Requirements for Specific Services
Service Functions
Security and Law
Orderina and Maintenance
Chanqes in Retail Service
Customer Authorization Process
AT&T Responsibilities
Pricina
Deposit
RESALE
Description
AT&T may resell to any and all classes of end-users Telecommunications Services
obtained from U S WEST under this Agreement, however, any existing tariff
restrictions or conditions shall apply. AT&T may identify any of these restrictions or
conditions that it believes is inappropriate and shall provide an argument sufficient
to show a substantial potential for anti-competitive or other inappropriate results.
Such a showing will be made through the dispute resolution process of this
Agreement or through the Parties' private negotiations. Once AT&T makes such a
showing, U S WEST will then have the burden of proving that the conditions or
restrictions at issue serve valid purposes when applied to resold services and that
such application will not produce anti-competitive or other inappropriate resultsNo
future tariff condition or restriction should be deemed applicable to resold services,
absent a prior finding by the Commission that U S WEST has met the burden of
showing such condition or restriction to be reasonable as applied to resellers.
1.2 (Intentionally left blank for numbering consistency)
57 Per First Order at 18. Per Second Order at 13.
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At the request of T& T, and pursuant to the requirements of the Act, and FCC rules andstate regulations, US WEST shall make available to T& T for resale any
Telecommunications Services that US WEST currently provides or may offer hereafter
including, but not limited to, Telecommunications Services offered through contract service
arrangements, special arrangements, discount plans and promotions of more than ninety
(90) days duration. Resale discounts may vary from the standard resale discount, subject to
the approval of the Commission. US WEST shall also provide Service Functions,
agreed to in this Attachment 2. The Telecommunications Services and Service Functions
provided by U WEST to T& T pursuant to this Attachment are collectively referred to
Local Resale
1.4 This Section describes several services which US WEST shall make available to T& T
for resale pursuant to this Agreement. This description of services is neither all inclusive nor
exclusive. Except as may be noted elsewhere in this Agreement, all services or offerings of
WEST which are to be offered for resale pursuant to the Act are subject to the terms
herein, even though they are not specifically enumerated or described.
Call answering services do not constitute Telecommunications Services and U S
WEST is not required to sell them under this Agreement. Non-tariffed retail
communications services are subject to resale under this Agreement.
Voice Mail
WEST shall make available the SMDI-E ("Station Message Desk Interface-
Enhanced'?, where available, or SMDI (Station Message Desk Interface), where
SMDI-E is not available, feature capability allowing for Voice Mail Services.
WEST shall make available, where available, the MWI (Message Waiting
Indicator) stutter dialtone and message waiting light feature capabilities. U WEST
shall make available CF-B/DA (Call Forward on Busy/Don t Answer), CF/B (Call
Forward on Busy), and CF/DA (Call Forward Don t Answer) feature capabilities
allowing for Voice Mail services.
Grandfathered Services
U S WEST shall make available for resale by AT&T all grandfathered services to those
AT&T customers currently receiving such services. US WEST shall make these
services available for resale at the fully discounted retail rate. 59 For purposes of this
Agreement, grandfathered service is service that U WEST no longer offers to new
subscribers or class of new subscribers. T& T shall be notified of any US WEST request
for the termination of service and/or its grandfathering filed with the Commission or
US WESTs intent to grandfather/withdraw service at least thirty (30) calendar days prior
to the effective date of such grandfathering or intended termination. The form of notification
may be either in written or electronic form.
(Intentionally left blank for numbering consistency)
Promotions
58 Per First Order at 15.
59 Per First Order at 16.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
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Promotions of ninety (90) days or less need not be made available to A T& T at the wholesale
discount rate.
The specific business process requirements and systems interface requirements are set
forth in Attachment
General Terms and Conditions for Resale
2.2
Primary Local Exchange Carrier Selection. WEST shall apply the principles set forth
in Section 64.1100 of the FCC Rules, 47 R. 64.1100, as implemented, to the process
for end-user selection of primary local exchange carrier. In accordance with the customer
authorization process described elsewhere in this Agreement, V WEST shall not require
notification from the customer, another carrier, or another entity, in order to process an
A T& T order for local service for customer.
Except where otherwise provided, A T& T, or A T& T's agent, shall act as the single point of
contact for its end users' service needs, including, without limitation, sales, service design
order taking, provision, change orders, training, maintenance, trouble reports, repair, post-
sale servicing, billing, collection and inquiry. A T& T shall inform its end users that they are
customers of A T& T for resold services. A T& T's end users who inadvertently contact
WEST with questions regarding their A T& T service will be instructed to contact A T& T.
WEST end users who inadvertently contact A T& T with questions regarding their
WEST service will be instructed to contact V WEST. Nothing in this Agreement shall
be deemed to prohibit either Party from discussing its products and services with customers
of the other Party who solicit such information or who are directly contacted by Party.
Basic Service Requirements
Call Types
WEST shall provide the following call types, features and functions to A T& T
and its end users with no loss of feature or functionality: (a) dial tone and ringing; (b)
capability for either dial pulse or touch tone; (c) flat and measured services; (d)
speech recognition as available with other custom calling and CLASS features; (e)
same extended area service free calling area; (f) 1 + intraLA T A toll calling; (g)
access to interLATA toll calling; (h) access to international calling; (i) lines as well
trunks (DID, 000); (j) analog and digital private line - all speeds; (k) off-premises
extensions; (I) Centrex; and (m) ISDN.
3.2 WEST will provide access for A T& T and all its end user customers to all call types,
including, but not limited to, 500, 700, 800, 900, exchanges and dial around services
(10XXX).
WEST shall impose no restrictions on customers calling (e., there should not be
750 minute limit on flat rate calling).
3.4 WEST will provide pre-subscription services for intraLATA, when the Commission
orders the provision of 1+ pre-subscription, and interLATA toll services in accordance with
currently accepted methods and procedures.
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Features Requirements
US WEST will provide A T& T the ability to suspend and restore customer service
including vacation suspension service, at the direction of A T& T.
End Office Features. US WEST will provide to A T& T the same end office features
available to U WEST's end users, including, but not limited to, CLASS features,
Custom Calling features, and AIN features.
Call Blocking Features. US WEST will provide to A T& T the same call blocking
features as are available to U WEST's own Customers.
Upon request, U WEST shall provide A T& T list, in an agreed upon format by central
office, of all the Telecommunications Services, features and functions offered by US WEST
within sixty (60) days after the Effective Date of this Agreementrequest and shall provide
updates to such lists as further described in Attachment 5. WEST shall also provide an
electronic access method for A T& T to ascertain the service availability of particular USOC
in given central office.
Requirements for Specific Services
IntraLATA Toll
US WEST will provide AT&T its intraLATA toll service to AT&T for resale where
intraLA T A toll presubscription is not available.
Private Line Services
The following private line services shall be made available without restriction from
US WEST: (a) voice grade private line services; (b) off premise extensions; (c) foreign
exchange line service; (d) point-to-point and multi-point digital services (e.kbps-
kbps; fractional OS-1); (e) OS-1 Services; (f) OS-3 services; (g) OC-3 service (where
available); (h) frame relay service; (i) packet switched services; (j) switched digital services;
and (k) other private line services as they are made available.
Centrex Requirements
At A T& T's option and as they are available to US WEST's own end users via
interstate tariffs and state tariffs, price lists, price schedules, catalogs, or Individual
Case Basis, A T& T may purchase single, any combination, or the entire set of
Centrex features, including Centrex Management System (CMS) or its equivalent
as described in Attachment 5. The Centrex service provided for resale will meet the
requirements set forth in the following provisions of this Section.
All service levels and features of Centrex service provided by U WEST for resale
by A T& T shall be at parity with levels and features provided to U WEST's own
customers or as mutually agreed upon by the Parties.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
3.4
3.7
Attachment 2
Page 99
AT&T may aggregate the Centrex local exchange and intraLATA traffic usage of
T& T subscribers to the extent U WEST makes such aggregation available to
itself or to its end users, Customers, or Affiliates.
T& T may aggregate multiple T& T customers on dedicated access facilities.
WEST shall make CMS information available to T& T at the common block
level via an electronic interface, as provided to U WEST's own end users.
T& T may use remote call forwarding in conjunction with Centrex service to provide
service to T& T local service Customers residing outside of the geographic territory
in which U WEST provides local exchange service. However, U WEST is not
obligated to provide facilities outside its service territory.
T& T may purchase any and all levels of Centrex service for resale, without
restriction on the minimum or maximum number of lines that may be purchased for
anyone level of service, equivalent to what is offered to U WEST's own end
users.
US WEST will provide to AT&T the ability to suppress the need for AT&T
customers to dial 9" when placing calls outside the Centrex system.
WEST shall make available to T& T for resale, at no additional charge
intercom calling among all T& T customers within common block who utilize
resold Centrex service.
CLASS and Custom Features Requirements
T& T may purchase single, any combination, or the entire set of CLASS and custom
features and functions, on customer-specific basis. CLASS features shall include, but not
be limited to: caller identification, name and number; call screening; call tracing; and
automatic call back on busy 69). US WEST shall provide to T& T list of all such CLASS
and custom features and functions within ten (10) days within ten (10) days of the Effective
Date of this Agreement after request and shall provide updates to such list when new
features and functions become available.
Customer Financial Assistance Programs
Local services provided to low-income subscribers, pursuant to requirements
established by the appropriate state regulatory body, include programs such
Lifeline, Voluntary Federal Customer Financial Assistance Program, and Link-
America ("Voluntary Federal Customer Financial Assistance Programs ~. When
WEST subscriber eligible for the Voluntary Federal Subscriber Financial
Assistance Programs or other similar state programs chooses to obtain local
service from T& T, U WEST shall forward information available to U WEST
regarding such subscribers eligibility to participate in such programs to T& T and in
electronic format when available in accordance with the procedures set forth herein.
US WEST will provide information about the certification process for the
provisioning of Lifeline, Link-up, and similar services. U WEST will forward to
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T& T, in electronic format (when available), information available to US WEST
regarding subscribers program eligibility, status and certification when
WEST subscriber currently on any U WEST telephone assistance program
changes service to T& T as their local exchange carrier. US WEST will cooperate
in obtaining any subsidy associated with subscriber transfer to T& T.
In connection with the transfer of customer from US WEST to T& T
WEST shall provide to T& T customer profile, including customer
name, billing and residence address, billing telephone number(s), eligibility
for Voluntary Federal Customer Financial Assistance Program, and other
similar services, and identification of U WEST features and services
subscribed to by the customer.
6 Discount Plans and Services
In accordance with FCC rules and regulations, U WEST shall offer for resale all
Discount Plans and Services.
T& T can utilize any volume discounts that US WEST makes available to its end
user customers.
Hospitality Service
WEST shall provide all blocking, screening, and all other applicable functions available
for hospitality lines utilized as such.
Telephone Line Number Calling Cards.
Effective ten (10) Business Days after the date of an end-user s subscription to AT&T
service or within twenty-four (24) hours after T& T has notified US WEST that it has
replaced the subscribers calling card, whichever is earlier, U WEST will terminate its
existing telephone line number-based calling cards and deactivate any US WEST-assigned
calling cards and remove any US WEST-assigned telephone line calling card number
subaccount and PIN (including area code) ("TLN') from the LlDB. AT&T may issue new
telephone calling card to such customer, utilizing the same TLN, and T& T shall have the
right to enter such TLN in the LlDB for calling card validation purposes. US WEST will
assume responsibility for billing its calling card calls that appear before the card is
terminated. Nothing in this section shall prohibit U WEST from terminating calling card
service to U WEST customers who have been determined to be credit risk, according to
WEST's normal business practices.
Except as provided above, the Parties will cooperate in the deactivation and
activation of calling cards and will make reasonable efforts to minimize the time
customer is without an active calling card.
WEST shall not prohibit T& T from issuing new telephone calling card to an
T& T customer utilizing the same TLN and T& T shall have the right to enter the
TLN in the LlDB for calling card verification purposes.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
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US WEST will provide A T& T the ability to utilize WEST's LIDB for calling card
validation.
WEST shall make engineering support available to A T& T for Resale Services on the
same basis as it provides such support for US WEST end users. To the extent the cost of
such engineering support has been considered an avoided cost in the development of the
avoided cost discount, the cost of such engineering support shall be borne by A T& T.
Payphone Services
WEST agrees to sell for resale all tariffed PAL services at appropriate wholesale
discount to be determined by the Gommission.
10.1 US WEST shall offer for resale, at minimum, the following Gain Line, PAL, and
PAL Gainless features:
Billed Number Screening
Ability to "freeze" PIG selection
One (1) bill per line and/or multiple lines per BAN
Point of demarcation at the Network Interface location
Detailed billing showing all 1 + traffic on paper, diskette or electronic format
Touch-tone service
Option for listed or non-listed numbers
Access to 911 service
One (1) directory per line
10.At minimum, US WEST shall offer for resale the following Gain Line features:
Access to all central office intelligence required to perform answer detection
coin collection, coin return, and disconnect
Answer Detection
Option to block all 1+ calls to international destinations
IntraLA T A Gall Timing
Option of one-way or two-way service on line
Flat Rate Service, where available
Originating line screening
WEST central office intelligence for rating and other functions
Option of measured service, where available
Ability to block any 1+ service that cannot be rated by the coin
circuitslTSPS/OSPS to the extent provided on U WEST coin lines
Protect against clip on fraud to the extent provided on U WEST coin lines
Protect against blue box fraud to the extent provided on U WEST coin lines
Provision of Information Digit
10.3 At minimum, US WEST shall offer for resale the following PAL and PAL Gainless
features:
Originating line screening
Two-way service option
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Flat rate service based on rate groups, where available
Option of one-way service on the line, where available
Option of measured service, where available
Ability to keep existing serving telephone numbers if cutover to A T& T
A T& T resale line incoming/outgoing screening
Provision of Information Digit 07
Provision of International Toll Denial Recognition Tone, when available
1004 At minimum, US WEST shall offer for resale the following PAL Coin feature:
Blocking for 1+ international, 10XXXX1 international, 101XXXX1
international, 1+900, N11 976 and option to block all 1-700 and 1-500 calls
Line side supervision option
10.5 At minimum, US WEST shall offer for resale the following PAL Coinless feature:
Blocking for 1 + international, 10XXXX1 international, 101XXXX1
+International, 1+900, N11 976, and digit local
10.6 US WEST shall provide installation intervals for PAL services to AT&T for ordering,
call transfer, billing, and PIC changes in accordance with performance standards
that are established by the Commission, pursuant to subsequent agreement
between the Parties or as provided to any other Person.
Access revenues are wholesale revenues and are not revenues subject to
resale discount,
Service Functions
WEST shall provide A T& T with the information available to U WEST that A T& T
will need to certify subscribers who transfer from U WEST as exempt from charges
(including taxes), or eligible for reduced charges associated with providing services.
US WEST shall provide A T& T with appropriate notification of all area transfers with
line level detail one hundred twenty (120) days before service transfer, and will also
notify AT&T within one hundred twenty (120) days before such change or any LATA
boundary changes.
US WEST will work cooperatively with A T& T in practices and procedures regarding
handling of law enforcement and service annoyance
the
5.4 Support Functions
504.Routing to Directory Assistance, Operator and Other Services
504.1 US WEST shall make available to A T& T the ability to route:
50 Per First Order at 20.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
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(a) all Local Directory Assistance calls (411 (NPA) 555-1212) dialed by
AT&T Customers directly to the AT&T Directory Assistance Services
platform, where technically feasible and consistent with FCC rules; and
(b) Local Operator Services calls (0+, 0-) dialed by A T& T Customers
directly to the AT&T Local Operator Services platform, where
technically feasible and consistent with FCC rules. Such traffic shall be
routed over trunk groups between U S WEST end offices and the
A T& T Local Operator Services Platform, using standard Operator
Services dialing protocols of 0+ or 0-
5.4. 1.All direct routing capabilities described herein shall permit A T& T Customers
to dial the same telephone numbers for A T& T Directory Assistance and
Local Operator Service as U S WEST customers use to access similar
services.
Security and Law
U S WEST will maintain and safeguard all A T& T customer information according to CPN/
privacy guidelines.
6.2
6.4
U S WEST and A T& T will work jointly in security matters as they relate to A T& T
customers in resale environment including, but not limited to, harassment and
annoyance calls.
US WEST and A T& T will work jointly to support law enforcement agency requirements
including, but not limited to, taps, traces and court orders.
U S WEST will work jointly with A T& T with respect to prevention and settlement of fraud.
US WEST and A T& T will work jointly to provide access to lines in hostage situation.
Ordering and Maintenance
A T& T shall transmit to US WEST the information necessary for the
installation (billing, listing and other information), repair, maintenance and post-installation
servicing according to U S WEST's standard procedures, as described in the
US WEST resale operations guide that will be provided to A T& T. When US WEST's
end user or the end user s new service provider discontinues the end users service in
anticipation of moving to another service provider, U S WEST will render its closing bill to
the end user effective with the disconnection. Should A T& T's end user new service
provider or A T& T request service be discontinued to the end user, US WEST will
issue bill to A T& T for that portion of, the service provided to the A T& T end user. In no
event, shall the transition of an end user from U S WEST to A T& T cause disconnection
of service other than as specifically provided for in this Agreement. It is understood
that A T& T's decision to request change in class of service (or conversion to are-used
unbundled loop) at '1ransition" may involve few minutes out-of-service. The
preceding may be modified by agreement of the Parties.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
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WEST will notify A T& T by fax or other processes as agreed to by the Parties, when
an end user moves to another service provider.
The new service provider shall be responsible for issuing either transfer of service or
disconnect/new connect order as appropriate.
7.4 The Parties agree that they will work cooperatively to develop the standards and
processes applicable to the transfer of such accounts that are in arrears.
Changes in Retail Service
WEST will notify A T& T of any changes in the terms and conditions under
which it offers Telecommunications Services at retail to subscribers who arenot telecommunications service providers or carriers, including, but not limited
, the introduction or discontinuance of any features, functions, services or
promotions. U S WEST shall not begin notifying its customers as to any retail
service changes until thirty (30) days from the date U S WEST informs AT&T of whatthe specific changes are, or forty-five (45) days from the effective date of those
changes whichever is earlier.
WEST will provide to A T& T advance notice of the availability of new
Telecommunication Services in accordance with Section 23.of Part A of this Agreement.
In the event US WEST intends to terminate the provisioning of any resold services to
A T& T for any reason, A T& T shall be responsible for providing any and all necessary notice
to its end users of the termination. In no case shall U WEST be responsible for providing such
notice to A T& T's end users. US WEST will provide sufficient written notice to A T& T
WEST's intent to terminate resold service so that A T& T may notify its customers or intervene
in the proceedings on timely basis consistent with Commission rules and notice
requirements.
Customer Authorization Process
US WEST and A T& T will use the existing PIC process as a model, and the same or similar
procedures for changes of local providers. For local carrier change initiated by A T& T or
agent of A T& T to customer, one of the following four (4) procedures will constitute authorization
for the change: (a) Obtain the customer's written authorization (letter of authorization or LOA);
(b) Obtain the customers electronic authorization by use of an toll-free number; (c) Have the
customer's oral authorization verified by an independent third party (third party verification); or
(d) Send an information package, including prepaid, returnable postcard, within three (3)
days of the customer s request for local carrier change, and wait fourteen (14) days before
submitting the local carrier change to the previous carrier.
It is understood by US WEST and A T& T that these procedures may be superseded or
modified by FCC rules or industry standards.
61 Per First Order at 27.
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WEST will provide A T& T authorization for local carrier change that is initiated by
customer call to A T& T. In this case A T& T will: (a) maintain internal records verifying the
customers stated intent to switch carriers; and (b) produce the record in case of
slamming dispute consistent with FCC rules.
9.4 Should an end user dispute or discrepancy arise regarding the authority of AT&T to act
on behalf of the end user, A T& T is responsible for providing written response evidencing
its authority to V WEST within five (5) Business Days of receipt of written request from
WEST describing the basis of the dispute or discrepancy. If there is conflict between the end
user designation or A T& T does not provide response within five (5) Business Days,
WEST shall honor the designation of the end user. In the event the end user designation is
honored by V WEST as described above, then A T& T shall remit slamming charge, if any, in
accordance with Section 258 of the Act and Commission Rules.
Should an end user dispute or discrepancy arise regarding the authority of V WEST to
act on behalf of the end user, V WEST is responsible for providing written response
evidencing its authority to A T& T within five (5) Business Days of receipt of written request
from A T& T describing the basis of the dispute or discrepancy. If there is conflict between the end
user designation or V WEST does not provide response within five (5) Business Days
A T& T shall honor the designation of the end user. In the event the end user designation is honored
by A T& T as described above, then V WEST shall remit slamming charge, if any, in accordance
with Section 258 of the Act and Commission rules.
A T& T shall designate the Primary Interexchange Carrier (PIC) assignments on behalf of
its end users for interLATA services and for intraLATA services when intraLATA
presubscription is implemented.
U S WEST is not required to assign central office codes in a U S WEST central
office for the exclusive use of AT&T.
9.7 When Customers switch from V WEST to A T& T, or to A T& T from any other service
provider, such Customers shall be permitted to retain their current telephone numbers if
they so desire and if they do not change their service address to an address served by
different central office. V WEST shall take no action to prevent A T& T Customers from
retaining their current telephone numbers.
10.AT&T Responsibilities
10.1 AT&T must send to V WEST either (a) complete and accurate end user listing
information for Directory Assistance and 911 Emergency Services using processes mutually
agreed to by the Parties, or (b) notification of as is migration. A T& T must provide to V WEST
accurate end user information to ensure appropriate listings in any databases in which V WEST
retains and/or maintains end user information. A T& T assumes liability for the accuracy of
information provided to V WEST. After receiving accurate information from A T& T
WEST assumes liability for the accuracy of transmission of such information to the database
provider (e., SCC).
10.2 V WEST shall provide AT&T with the capability to assign large quantities (i.e., greater
than ten (10)) telephone numbers for multiple line and PBX customers in accordance with
WEST's tariffs and/or its own internal practices.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
11.
12.
Attachment 2
Page 106
10.AT&T will provide three (3) year non-binding forecast within ninety)90) days within ninety
(90) days of the Effective Date of this Agreemenafter requestt. The forecast shall be updated and
provided to U S WEST on quarterly basis. The initial forecast will provide:
The date service will be offered (by city and/or state)
The type and quantity of service(s) which will be offered
A T& T's anticipated order volume
A T& T's key contact personnel
Pricing
The wholesale discount rate charged to A T& T for Local Resale is set forth in Attachment of this
Agreement.
Deposit
12.U S WEST may require suitable deposit to be held by U S WEST as a guarantee for
payment of U S WEST's charges for companies which cannot demonstrate sufficient
financial integrity based on commercially reasonable standards, which may include
satisfactory credit rating as determined by recognized credit rating agency reasonably
acceptable to U S WEST.
12.2 When the service is terminated or when AT&T has established satisfactory credit, if required
under the terms of the preceding paragraph, the amount of the initial or additional deposit
with any interest due, will, at A T& T's option, be either credited to A T& T account or refunded.
Satisfactory credit for AT&T is defined as (a) twelve (12) months positive payment history in
another capacity with US WEST, such as in the interexchange area; (b) financial standing
as outlined in the preceding paragraph above; (c) posting bond or (d) twelve (12)
consecutive months' service as a reseller without termination for nonpayment and with no
more than one (1) notification of intent to terminate service for nonpayment. Interest on the
deposit shall be accumulated by U S WEST at rate equal to the federal prime rate
published in the Wall Street Journal from time to time.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98