20190715Application.pdf

PO Box 1004
Redmond, OR 97756
www.tdstelecom.com
RECE IVED
I0l9 JUL l5 ff{ ll: 07
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July 1 1,2019 Sent Via Overnight
E-Mail diane.hanian@.puc.idaho. gov
Ms. Diane Hanian, Secretary
ldaho Public Utilities Commission
472 W . Washington Street
PO Box 83720
Boise, lD 83720-0074
RE: Case No. TA L-T- I ?-oa-
Request for Approval of Negotiated lnterconnection Agreement TDS Metrocom,
LLC (Metrocom) and Frontier Communications Northwest, lnc. ("Frontier")
Dear Ms. Hanian
TDS Metrocom, LLC (Metrocom) has entered into an interconnection agreement
with Frontier Communications Northwest, lnc. ("Frontier"). This is an original
agreement. Due to the length of this agreement, a CD has been enclosed for
filing with this Commission in lieu of the normal quantity of three.
Metrocom respectfully requests approval of this agreement as filed
lf you have questions regarding this agreement, please contact Rod Cox of TDS
Metrocom at (217)2344404 or myself at [phone]. Thank you in advance
for your assistance in this matter.
Sincerely,
i5.,*.
Gail M. Long
Manager, State Government Affairs
Enclosure
Cc: Rod Cox - TDS Metrocom
Pamela Oller - Frontier
Jenny Smith - Frontier
TDS ID Final 07 10 19.docx

INTERCONNECTION AGREEMENT

by and between

TDS METROCOM, LLC

and

FRONTIER COMMUNICATIONS NORTHWEST, INC.

FOR THE STATE OF

IDAHO

TDS ID Final 07 10 19.docx i
TABLE OF CONTENTS

AGREEMENT ................................................................................................................................... 1 
1. The Agreement ........................................................................................................... 1 
2. Term and Termination ............................................................................................... 1 
3. Glossary and Attachments ....................................................................................... 3 
4. Applicable Law ........................................................................................................... 3 
5. Assignment ................................................................................................................ 4 
6. Assurance of Payment .............................................................................................. 4 
7. Audits .......................................................................................................................... 5 
8. Authorization .............................................................................................................. 6 
9. Billing and Payment; Disputed Amounts ................................................................ 7 
10. Confidentiality and Publicity .................................................................................... 8 
11. Counterparts ............................................................................................................ 10 
12. Default ....................................................................................................................... 10 
13. Discontinuance of Service by TDSM ..................................................................... 11 
14. Dispute Resolution .................................................................................................. 11 
15. Force Majeure .......................................................................................................... 12 
16. Forecasts .................................................................................................................. 13 
17. Fraud ......................................................................................................................... 13 
18. Good Faith Performance ......................................................................................... 13 
19. Headings ................................................................................................................... 13 
20. Indemnification ........................................................................................................ 13 
21. Insurance .................................................................................................................. 14 
22. Intellectual Property ................................................................................................ 16 
23. Joint Work Product .................................................................................................. 16 
24. Law Enforcement ..................................................................................................... 16 
25. Limitation of Liability ............................................................................................... 17 
26. Network Management .............................................................................................. 18 
TDS ID Final 07 10 19.docx ii
27. Non-Exclusive Remedies ........................................................................................ 20 
28. Notice of Network Changes .................................................................................... 20 
29. Notices ...................................................................................................................... 20 
30. Ordering and Maintenance ..................................................................................... 21 
31. Performance Standards .......................................................................................... 21 
32. Point of Contact for TDSM Customers .................................................................. 21 
33. This Section Intentionally Left Blank ..................................................................... 22 
34. Publicity and Use of Trademarks or Service Marks ............................................. 22 
35. References ............................................................................................................... 22 
36. Relationship of the Parties ..................................................................................... 22 
37. Reservation of Rights .............................................................................................. 23 
38. Service to End User ................................................................................................. 23 
39. Subcontractors ........................................................................................................ 24 
40. Successors and Assigns ........................................................................................ 24 
41. Survival ..................................................................................................................... 24 
42. Taxes ......................................................................................................................... 24 
43. Technology Upgrades ............................................................................................. 27 
44. Territory .................................................................................................................... 27 
45. Third Party Beneficiaries ........................................................................................ 27 
46. 252(i) Obligations ..................................................................................................... 27 
47. Use of Service .......................................................................................................... 27 
48. Waiver ....................................................................................................................... 28 
49. Disclaimer of Warranties ......................................................................................... 28 
50. Withdrawal of Services ........................................................................................... 28 
SIGNATURE PAGE ....................................................................................................................... 29 
GLOSSARY .................................................................................................................................... 30 
1. General Rule ............................................................................................................. 30 
2. Definitions ................................................................................................................ 30 
TDS ID Final 07 10 19.docx iii
ADDITIONAL SERVICES ATTACHMENT .................................................................................... 47 
1. Alternate Billed Calls ............................................................................................... 47 
2. Dialing Parity - Section 251(b)(3) ........................................................................... 47 
3. Directory Listing and Distribution Services .......................................................... 47 
4. Voice Information Service Traffic .......................................................................... 48 
5. Transfer of Service (Excluding Resale) ................................................................. 49 
5. Originating Line Number Screening (OLNS) ......................................................... 51 
6. Operations Support Systems (OSS) Services ...................................................... 51 
7. Poles, Ducts, Conduits and Rights-of-Way ........................................................... 56 
8. Telephone Numbers ................................................................................................ 57 
9. Unauthorized Carrier Change Charges ................................................................. 57 
10. Good Faith Performance ......................................................................................... 58 
INTERCONNECTION ATTACHMENT........................................................................................... 59 
1. Interconnection Trunking Arrangements .............................................................. 59 
2. Points of Interconnection and Trunk Types ......................................................... 59 
3. Alternative Interconnection Arrangements ........................................................... 63 
4. Initiating Interconnection ........................................................................................ 65 
5. Transmission and Routing of Telephone Exchange Service Traffic .................. 66 
6. Traffic Measurement and Billing over Interconnection Trunks .......................... 67 
7. Reciprocal Compensation for the Transport and Termination of Interchanged
Traffic ........................................................................................................................ 69 
8. Other Types of Traffic ............................................................................................. 69 
9. Transmission and Routing of Exchange Access Traffic ..................................... 70 
10. Meet-Point Billing (MPB) Arrangements ............................................................... 71 
11. Toll Free Service Access Code (e.g., 800/888/877) Traffic .................................. 74 
12. Transit Service ......................................................................................................... 75 
13. Number Resources, Rate Center Areas and Routing Points .............................. 77 
14. Joint Network Implementation and Grooming Process; Forecasting ................ 78 
TDS ID Final 07 10 19.docx iv
15. Number Portability - Section 251(B)(2) .................................................................. 79 
16. Good Faith Performance ......................................................................................... 81 
RESALE ATTACHMENT ............................................................................................................... 83 
1. General ...................................................................................................................... 83 
2. Use of Frontier Telecommunications Services .................................................... 83 
3. Availability of Frontier Telecommunications Services ........................................ 84 
4. Responsibility for Charges ..................................................................................... 85 
5. Operations Matters .................................................................................................. 85 
6. Maintenance of Services ......................................................................................... 86 
8. Rates and Charges .................................................................................................. 87 
9. Discontinuance of Service to End User ................................................................ 87 
10. Discontinuance of Service to TDSM ...................................................................... 87 
11. Good Faith Performance ......................................................................................... 88 
NETWORK ELEMENTS ATTACHMENT ...................................................................................... 89 
1. General ...................................................................................................................... 89 
2. Frontier’s Provision of Network Elements ............................................................ 92 
3. Loop Transmission Types ...................................................................................... 93 
4. Line Splitting (also referred to as “Loop Sharing”) ........................................... 100 
5. Sub-Loop ................................................................................................................ 101 
6. Dark Fiber Transport ............................................................................................. 104 
7. Network Interface Device ...................................................................................... 109 
8. Dedicated Transport .............................................................................................. 111 
9. Operations Support Systems ............................................................................... 111 
10. Availability of Other Network Elements on an Unbundled Basis ..................... 111 
11. Maintenance of Network Elements ...................................................................... 113 
12. Combinations, Commingling, and Conversions ................................................ 113 
13. Routine Network Modifications ............................................................................ 116 
14. Rates and Charges ................................................................................................ 117 
TDS ID Final 07 10 19.docx v
15. Good Faith Performance ....................................................................................... 118 
COLLOCATION ATTACHMENT ................................................................................................. 119 
1. Frontier’s Provision of Collocation ...................................................................... 119 
9-1-1 ATTACHMENT ................................................................................................................... 165 
1. 9-1-1/E9-1-1 Arrangements ................................................................................... 165 
2. ALI Database .......................................................................................................... 165 
3. Interconnection for Exchange of 9-1-1/E9-1-1 Calls between the Parties ....... 166 
4. Interconnection for Inter-PSAP Transfer of 9-1-1/E9-1-1 Calls ......................... 168 
5. Initiating Interconnection ...................................................................................... 169 
6. Trunk Forecasting Requirements. ....................................................................... 170 
7. Compensation ........................................................................................................ 171 
8. 9-1-1/E9-1-1 General .............................................................................................. 172 
9. Good Faith Performance ....................................................................................... 173 
PRICING ATTACHMENT ............................................................................................................. 174 
1. General .................................................................................................................... 174 
2. Frontier Telecommunications Services Provided to TDSM for Resale Pursuant
to the Resale Attachment ...................................................................................... 174 
3. TDSM Prices ........................................................................................................... 176 
4. Regulatory Review of Prices ................................................................................ 176 
APPENDIX A TO THE PRICING ATTACHMENT ....................................................................... 177 
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT ............................................................................................................................. 204 

TDS ID Final 07 10 19.docx 1
AGREEMENT
PREFACE

This Agreement (“Agreement”) shall be deemed effective upon Commission approval (the
“Effective Date”), between TDS Metrocom, LLC (“TDSM”), a limited liability company organized
under the laws of the State of Delaware, with offices at 525 Junction Rd., Madison, WI 53717
and Frontier Communications Northwest, Inc. (“Frontier”), a corporation organized under the laws
of the State of Washington with offices at 401 Merritt 7, Norwalk, CT 06851 (Frontier and TDSM
may be referred to hereinafter, each, individually as a “Party”, and, collectively, as the “Parties”).

GENERAL TERMS AND CONDITIONS

Frontier is a telecommunications company authorized to provide telecommunications services in
the State of Idaho; and

TDSM is a telecommunications company authorized by the Commission to provide local
exchange telecommunications services in the State of Idaho; and

The Parties have in good faith negotiated, and agreed on local Interconnection terms and
conditions as set forth below; and

In consideration of the mutual promises contained in this Agreement and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be
legally bound, pursuant to Section 252 of the Act, Frontier and TDSM hereby covenant and agree
as follows:

1. The Agreement
1.1 This Agreement includes: (a) the Principal Document; (b) the Tariffs of each Party
applicable to the Services that are offered for sale by it in the Principal Document
(which Tariffs are incorporated into and made a part of this Agreement by
reference); and, (c) an Order by a Party that has been accepted by the other
Party.
1.2 Except as otherwise expressly provided in the Principal Document (including, but
not limited to, the Pricing Attachment), conflicts among provisions in the Principal
Document, Tariffs, and an Order by a Party that has been accepted by the other
Party, shall be resolved in accordance with the following order of precedence,
where the document identified in subsection “(a)” shall have the highest
precedence: (a) the Principal Document; (b) the Tariffs; and, (c) an Order by a
Party that has been accepted by the other Party. The fact that a provision
appears in the Principal Document but not in a Tariff, or in a Tariff but not in the
Principal Document, shall not be interpreted as, or deemed grounds for finding, a
conflict for the purposes of this Section 1.2.
1.3 This Agreement constitutes the entire agreement between the Parties on the
subject matter hereof, and supersedes any prior or contemporaneous agreement,
understanding, or representation, on the subject matter hereof, and neither Party
will be bound by any definition, condition, provision, representation, warranty,
covenant or promise other than as expressly stated in this Agreement or as is
contemporaneously or subsequently set forth in writing and executed by a duly
authorized officer or representative of the Party to be bound thereby.

2. Term and Termination
TDS ID Final 07 10 19.docx 2
2.1 This Agreement shall be effective as of the Effective Date and, unless cancelled
or terminated earlier in accordance with the terms hereof, shall continue in effect
until July 1, 2022 (the “Initial Term”). Thereafter, this Agreement shall continue in
force and effect unless and until cancelled or terminated as provided in this
Agreement
2.2 Either TDSM or Frontier may terminate this Agreement effective upon the
expiration of the Initial Term or effective upon any date after expiration of the Initial
Term by providing written notice of termination at least ninety (90) days in
advance of the date of termination. If TDSM does not respond to Frontier’s written
notification of the intent to terminate the Agreement, the Agreement will terminate
and not renew at the later of the end of the Initial Term or ninety (90) days after
notice is provided.
2.3 If TDSM or Frontier provides notice of termination pursuant to Section 2.2 and on
or before the proposed date of termination either TDSM or Frontier has requested
negotiation of a new interconnection agreement, unless this Agreement is
cancelled or terminated earlier in accordance with the terms hereof (including, but
not limited to, pursuant to Section 12), this Agreement shall remain in effect until
the earlier of: (a) the effective date of a new interconnection agreement between
TDSM and Frontier; or, (b) the date one (1) year after the proposed date of
termination.
2.4 Either Party may provide the other Party with at least ninety (90) day’s written
notification of its desire to renegotiate the Agreement at the end of the Initial Term
or any Subsequent Term. If either Party provides the other Party with written
notification to renegotiate this Agreement, the negotiation and arbitration
processes of the Act will be applicable and the date of the notice to negotiate a
successor agreement will be the starting point for the negotiation window under
Section 252 of the Act. If Frontier provides notice of termination pursuant to
Section 2.2, and at least ninety (90) days before the proposed date of termination
either, and TDSM or Frontier has requested negotiation of a new interconnection
agreement, unless this Agreement is cancelled or terminated earlier in
accordance with the terms hereof (including, but not limited to, pursuant to Section
12), this Agreement shall remain in effect until the earlier of: (a) the effective date
of a new interconnection agreement between TDSM and Frontier; or, (b) the date
one (1) year after the proposed date of termination. The effective date of a
successor interconnection agreement between TDSM and Frontier will be as of
the date of termination of this Agreement. Any changes in rates will apply, and be
subject to true-up, as of the effective date of the new interconnection agreement.
2.5 If Frontier provides notice of termination pursuant to Section 2.2 and neither
TDSM nor Frontier has requested negotiation of a new interconnection agreement
(or, in accordance with Subsection 2.3(b), if no new agreement is reached by the
date one (1) year after the proposed date of termination), then (a) this Agreement
will terminate at 11:59 PM Eastern Time on the proposed date of termination (or in
the case of termination in accordance with Subsection 2.3(b), at 11:59 PM
Eastern Time on the date one (1) year after the proposed date of termination), and
(b) the Services being provided under this Agreement at the time of termination
will be terminated, except to the extent that the Purchasing Party has requested
that such Services continue to be provided pursuant to an applicable Tariff. Upon
termination or expiration of this Agreement each Party shall promptly pay all
amounts (including any late payment charges) owed under this Agreement.
2.6 Termination upon Ordering and Implementation Inactivity. Notwithstanding
anything to the contrary contained herein, Frontier may terminate this Agreement
in the event TDSM has not (a) placed any initial orders for any of the services to
TDS ID Final 07 10 19.docx 3
be provided pursuant to this Agreement and (b) implemented any said services to
TDSM customers within one (1) year from the Effective Date of this Agreement.
3. Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
Interconnection Attachment
Traffic Exchange Attachment
Resale Attachment
Network Elements Attachment
Collocation Attachment
9-1-1 Attachment
Pricing Attachment
4. Applicable Law
4.1 The construction, interpretation and performance of this Agreement shall be
governed by and construed in accordance with (a) the Act, (b) the FCC’s Rules
and Regulations, (c) the laws of the United States of America and (d) the laws of
the State of Idaho, without regard to its conflicts of laws rules. All disputes relating
to this Agreement shall be resolved through the application of such laws.
4.2 Each Party shall remain in compliance with Applicable Law in the course of
performing this Agreement.
4.3 Neither Party shall be liable for any delay or failure in performance by it that
results from requirements of Applicable Law, or acts or failures to act of any
governmental entity or official.
4.4 Each Party shall promptly notify the other Party in writing of any governmental
action that limits, suspends, cancels, withdraws, or otherwise materially affects,
the notifying Party’s ability to perform its obligations under this Agreement.
4.5 If any provision of this Agreement shall be invalid or unenforceable under
Applicable Law, such invalidity or unenforceability shall not invalidate or render
unenforceable any other provision of this Agreement, and this Agreement shall be
construed as if it did not contain such invalid or unenforceable provision; provided,
that if the invalid or unenforceable provision is a material provision of this
Agreement, or the invalidity or unenforceability materially affects the rights or
obligations of a Party hereunder or the ability of a Party to perform any material
provision of this Agreement, the Parties shall promptly renegotiate in good faith
and amend in writing this Agreement in order to make such mutually acceptable
revisions to this Agreement as may be required in order to conform the Agreement
to Applicable Law.
4.6 This Agreement, and any amendment or modification hereof, will be submitted to
the Commission for approval in accordance with Section 252 of the Act. If any
legislative, regulatory, judicial or other governmental decision, order,
determination or action, or any change in Applicable Law, materially affects any
material provision of this Agreement, the rights or obligations of a Party
hereunder, or the ability of a Party to perform any material provision of this
Agreement, the Parties shall promptly renegotiate in good faith and amend in
writing this Agreement in order to make such mutually acceptable revisions to this
Agreement as may be required in order to conform the Agreement to Applicable
Law. If within thirty (30) days of the effective date of such decision, determination,
action or change, the Parties are unable to agree in writing upon mutually
TDS ID Final 07 10 19.docx 4
acceptable revisions to this Agreement, then the Parties shall pursue dispute
resolution in accordance with Section 14 of this Agreement.
4.6.1 Notwithstanding Section 4.6 above, to the extent Frontier is required by
a change in Applicable Law to provide to TDSM a Service that is not
offered under this Agreement to TDSM, the terms, conditions and
prices for such Service (including, but not limited to, the terms and
conditions defining the Service and stating when and where the Service
will be available and how it will be used, and terms, conditions and
prices for pre-ordering, ordering, provisioning, repair, maintenance and
billing) shall be as provided in an applicable Frontier Tariff, or, in the
absence of an applicable Frontier Tariff, as mutually agreed by the
Parties in a written amendment to the Agreement that, upon the request
of either Party, the Parties shall negotiate in accordance with the
requirements of Section 252 of the Act. In no event shall Frontier be
required to provide any such Service in the absence of such a Frontier
Tariff or amendment.
4.7 Notwithstanding anything in this Agreement to the contrary, if, as a result of any
legislative, judicial, regulatory or other governmental decision, order,
determination or action, or any change in Applicable Law, Frontier is not required
by Applicable Law to provide any Service, payment or benefit, otherwise required
to be provided to TDSM hereunder, then Frontier may discontinue the provision of
any such Service, payment or benefit, and TDSM shall reimburse Frontier for any
payment previously made by Frontier to TDSM that was not required by
Applicable Law. Frontier will provide thirty (30) days prior written notice to TDSM
of any such discontinuance of a Service, unless a different notice period or
different conditions are specified in this Agreement (including, but not limited to, in
the Networks Element Attachment or an applicable Tariff) or Applicable Law for
termination of such Service in which event such specified period and/or conditions
shall apply. For the avoidance of any doubt, this Section 4.7 is self-effectuating
and no amendment to this Agreement shall be required to implement it.
4.8 The Parties acknowledge that terms of this Agreement were established
pursuant to FCC and Commission orders. Nothing in this Agreement shall be
deemed an admission by the Parties regarding the interpretation or effect of
these rules or orders or an admission by either party that the existing rules or
order shall not be changed, vacated dismissed or modified.
4.9 The Parties jointly agree to cooperate in the filing of this Agreement and share
equally the expenses associated with obtaining Commission approval.
5. Assignment
Neither Party may assign this Agreement or any right or interest under this Agreement,
nor delegate any obligation under this Agreement, without the prior written consent of the
other Party, which consent shall not be unreasonably withheld, conditioned or delayed.
Any attempted assignment or delegation in violation of this Section 5 shall be void and
ineffective and constitute default of this Agreement. All obligations and duties of any
Party under this Agreement shall be binding on all successors-in-interest and assignees
of such Party. No assignment or delegation hereof shall relieve the assignor of its
obligations under this Agreement.
6. Assurance of Payment
6.1 Upon implementation of this Agreement, Frontier agrees not to request an initial
deposit from TDSM as satisfactory credit has been established in other states.
Frontier may, in order to safeguard its interest, at a later time require TDSM to
TDS ID Final 07 10 19.docx 5
make a deposit to be held by Frontier as a guarantee of the payment of rates and
charges pursuant to this Section 6. Any such deposit may be held during the
continuance of the service as security for the payment of any and all amounts
accruing for the service. A deposit will be returned with interest, at the
Commission prescribed deposit rate, if and when TDSM pays its undisputed bills
on time for twenty-four (24) consecutive months.
6.2 Unless otherwise agreed by the Parties, the assurance of payment shall consist of
an unconditional, irrevocable standby letter of credit naming Frontier as the
beneficiary thereof and otherwise in form and substance satisfactory to Frontier
from a financial institution acceptable to Frontier. The letter of credit shall be in an
amount equal to two (2) months anticipated charges (including, but not limited to,
both recurring and non-recurring charges), as reasonably determined by Frontier,
for the Services to be provided by Frontier to TDSM in connection with this
Agreement. Frontier reserves the right to increase the deposit requirements
when, in its sole judgment, the conditions justify such action; such conditions
include but are not limited to: current deposit does not cover two (2) months
billing, history of late payment, or reconnection after disconnection for non-
payment, or a significant probability of a bankruptcy filing by TDSM.
6.3 Frontier may (but is not obligated to) draw on the letter of credit upon notice to
TDSM in respect of any amounts to be paid by TDSM hereunder that are not paid
within thirty (30) days of the date that payment of such amounts is required by this
Agreement.
6.4 If Frontier draws on the letter of credit, upon request by Frontier, TDSM shall
provide a replacement or supplemental letter of credit conforming to the
requirements of Section 6.2.
6.5 Notwithstanding anything else set forth in this Agreement, if Frontier makes a
request for assurance of payment in accordance with the terms of this Section,
then Frontier shall have no obligation thereafter to perform under this Agreement
until such time as TDSM has provided Frontier with such assurance of payment.
6.6 The fact that a deposit has been made in no way relieves TDSM from complying
with Frontier’s regulations as to advance payments and the prompt payment of
bills on presentation nor, does it constitute a waiver or modification of the regular
practices of Frontier providing for the discontinuance of service for non-payment
of any sums due Frontier.
6.7 In the event that TDSM defaults on its account, service to TDSM will be
terminated and any deposits held will be applied to its account.
7. Audits
7.1 Subject to the terms and conditions of this Section, and the reasonable security
requirements of each Party and except as may be otherwise specifically provided
in this Agreement, either Party (“Auditing Party”) may audit the other Party’s
(“Audited Party”) books, records, documents, facilities and systems for the
purpose of evaluating the accuracy of the Audited Party’s bills and the
identification of traffic subject to this Agreement. Such audits may be performed
once each year at the conclusion of each Calendar Year, in order evaluate the
accuracy of such other Party’s billing and invoicing. The Parties may employ
other persons or firms for this purpose. Such audits shall take place at a time and
place agreed to by the Parties no later than thirty (30) days after notice thereof to
such other Party.
TDS ID Final 07 10 19.docx 6
7.1.1 Each Auditing Party may perform a single additional audit of the
Audited Party’s relevant books, records and documents during any
calendar year if the previous audit uncovered incorrect net variances or
errors in invoices in favor of the Audited Party having an aggregate
value of no less than five percent (5%) of the total amount payable by
the Auditing Party during the period covered by the audit.
7.2 Each Audited Party shall use reasonable efforts to promptly correct any billing
error that is revealed in an audit, including reimbursing any overpayment in the
form of a credit to the Auditing Party on the invoice for the first full billing cycle
after the Parties have agreed upon the accuracy of the audit results. Any disputes
concerning audit results shall be resolved pursuant to Section 14 of this
Agreement.
7.2.1 Upon (i) the discovery by either Party of the overcharges not previously
reimbursed to the other Party or (ii) the resolution of disputed audits,
each Party shall promptly reimburse to the Party thereto the amount of
any overpayment together with interest thereon at a rate of 0.5% per
month.
7.3 Each Party shall cooperate fully in any such audit, providing reasonable access to
any and all employees, books, records, documents, facilities and systems,
reasonably necessary to assess the accuracy of the Audited Party’s bills.
7.4 Audits shall be performed at the Auditing Party’s expense, provided that there
shall be no charge for reasonable access to the Audited Party’s employees,
books, records, documents, facilities and systems necessary to assess the
accuracy of the Audited Party’s bills.
8. Authorization
8.1 Frontier Communications Northwest, Inc. represents and warrants that it is a
corporation duly organized, validly existing and in good standing under the laws of
the State of Idaho and has full power and authority to execute and deliver this
Agreement and to perform its obligations under this Agreement.
8.2 TDS Metrocom, LLC represents and warrants that it is a limited liability company
duly organized, validly existing and in good standing under the laws of the State of
Delaware and has full power and authority to execute and deliver this Agreement
and to perform its obligations under this Agreement.
8.3 TDSM Certification.
8.3.1 Notwithstanding any other provision of this Agreement, Frontier shall
have no obligation to perform under this Agreement until such time as
TDSM has obtained such FCC and Commission authorization as may
be required by Applicable Law for conducting its business in the State
of Idaho. TDSM shall not place any Orders under this Agreement until
it has obtained such authorization. TDSM shall provide proof of such
authorization to Frontier upon request.
8.3.2 TDSM Account Setup. TDSM must provide the appropriate Frontier
representative the necessary documentation to enable Frontier to
establish a master account for TDSM. Such documentation will include
a completed Carrier Master Account Questionnaire, proof of authority to
provide telecommunications services within Frontier territory, proof that
tariffs are on file and approved by the applicable Commission, and a tax
exemption certificate, if applicable. Frontier will have no obligation to
TDS ID Final 07 10 19.docx 7
begin taking orders for service until after the necessary documents
have been provided to Frontier, and the necessary deposit
requirements are met.
9. Billing and Payment; Disputed Amounts

9.1 In consideration of the services provided by Frontier under this Agreement, TDSM
shall pay the charges set forth in this Agreement and in applicable tariffs. In
consideration of the services provided by TDSM under this Agreement, Frontier
shall pay the charges set forth in this Agreement and in applicable tariffs. Invoices
with charges set forth in this Agreement and in applicable tariffs shall be sent to:
To TDSM:

TDS Metrocom, LLC
Attn: Carrier Relations
525 Junction Rd.
Madison, WI 53717

To Frontier:

Frontier Communications
Attention: Access Billing
P. O. Box 92713
Rochester, NY 14692

9.2 A monthly billing statement with a consistent, regular bill date shall be prepared by
each Party and will reflect the calculation for amounts due under this Agreement.
All bills dated as set forth above will be due thirty (30) days after the bill date or by
the next bill date (i.e., the same date in the following month as the bill date),
whichever is the shortest interval, or in accordance with Frontier tariff guidelines
and are payable in immediately available U.S. funds.
9.3 If any portion of an amount billed by a Party under this Agreement is subject to a
good faith dispute between the Parties, the billed Party shall within thirty (30) days
of its receipt of the invoice give written notice to the billing Party of the amounts it
disputes (“Disputed Amounts”) and include in such notice the specific details and
reasons for disputing each item. The billed Party shall pay by the Due Date all
undisputed amounts, and shall include a copy of the dispute with the payment of
the undisputed amount. Billing disputes shall be subject to the terms of Section
14, Dispute Resolution. Undisputed amounts due to the billing Party that are not
received by the Due Date or that are not immediately available to the billing Party,
shall be subject to a late payment charge. The late payment charge shall be the
lesser of one-and-one-half percent (1.5%) per month or the maximum allowed by
law of the overdue amount (including any unpaid previously billed late payment
charges).
9.3.1 In the event that a billing dispute is resolved in favor of the billed Party,
any payment of the disputed amount withheld pending settlement of
the dispute shall not be subject to the late payment charge as set forth
herein.
9.3.2 In the event that a billing dispute is resolved in favor of the billing
Party, any payments withheld pending settlement of the dispute will be
subject to the late payment charge as set forth herein.
TDS ID Final 07 10 19.docx 8
9.4 Although it is the intent of both Parties to submit timely statements of charges,
failure by either Party to present statements to the other Party in a timely manner
shall not constitute a breach or default, or a waiver of the right to payment of the
incurred charges, by the billing Party under this Agreement, and, except for
assertion of a provision of Applicable Law that limits the period in which a suit or
other proceeding can be brought before a court or other governmental entity of
appropriate jurisdiction to collect amounts due, the billed Party shall not be entitled
to dispute the billing Party’s statement(s) based on the billing Party’s failure to
submit them in a timely fashion.
10. Confidentiality and Publicity
10.1 All proprietary or confidential information (“Proprietary Information”) disclosed by
either Party during the negotiations and the term of this Agreement will be
protected by both Parties in accordance with the terms provided herein.
10.2 As used in this Section 10, Proprietary Information means the following
information that is disclosed by one Party (“Disclosing Party”) to the other Party
(“Receiving Party”) in connection with, or anticipation of, this Agreement:
10.2.1 Books, records, documents and other information disclosed in an audit
pursuant to Section 7;
10.2.2 Any forecasting information provided pursuant to this Agreement;
10.2.3 Customer Information (except to the extent that (a) the Customer
information is published in a directory, (b) the Customer information is
disclosed through or in the course of furnishing a Telecommunications
Service, such as directory assistance, operator service, Caller ID or
similar service, or LIDB service, or (c) the Customer to whom the
Customer Information is related has authorized the Receiving Party to
use and/or disclose the Customer Information);
10.2.4 information related to specific facilities or equipment (including, but not
limited to, cable and pair information);
10.2.5 any information that is in written, graphic, recorded, machine readable,
electromagnetic, or other tangible form, and marked at the time of
disclosure as “Confidential” or “Proprietary” with the appropriate owner
corporation name, e.g., “Frontier Proprietary”.; and
10.2.6 Information disclosed orally or visually will not be considered
proprietary unless such information is reduced to writing by the
disclosing Party and a copy is delivered to the other Party within ten
(10) business days after such oral disclosure. The writing will also state
the place, date and person(s) to whom disclosure was made.
Notwithstanding any other provision of this Agreement, a Party shall have the
right to refuse to accept receipt of information which the other Party has identified
as Proprietary Information pursuant to Sections 10.2.5 or 10.2.6.
10.3 Each Party agrees that it will not disclose any Proprietary Information of the other
Party in whole or in part, including derivations, to any third party for a period of
three (3) years from the date of disclosure unless the Parties agree to modify this
Agreement to provide for a different nondisclosure period for specific materials.
Neither Party will be liable for inadvertent or accidental disclosure of Proprietary
Information of the other Party provided that:
TDS ID Final 07 10 19.docx 9
10.3.1 the Proprietary Information received from the Disclosing Party is only
used in performance of this Agreement;
10.3.2 each Party uses at least the same degree of care in safeguarding such
Proprietary Information as it uses for its own proprietary information of
like importance, and such degree of care will be reasonably calculated
to prevent such inadvertent disclosure;
10.3.3 it limits access to such Proprietary Information to its employees and
agents who are directly involved in the consideration of the Proprietary
Information and informs its employees and agents who have access to
such Proprietary Information of its duty not to disclose; and
10.3.4 upon discovery of any such inadvertent disclosure of Proprietary
Information, it will endeavor to prevent any further inadvertent
disclosure.
10.4 The Receiving Party shall return or destroy all Confidential Information received
from the Disclosing Party, including any copies made by the Receiving Party,
within thirty (30) days after a written request by the Disclosing Party is delivered to
the Receiving Party, except for (a) Confidential Information that the Receiving
Party reasonably requires to perform its obligations under this Agreement, and (b)
one copy for archival purposes only.
10.5 Information will not be deemed proprietary and the receiving Party will have no
obligation with respect to any such information which:
10.5.1 is or becomes publicly known through no wrongful act, fault or
negligence of the receiving Party; or
10.5.2 was known by the receiving Party or by any other affiliate or subsidiary
of the receiving Party prior to disclosure, or is at any time developed by
the receiving Party independently of any such disclosure; or
10.5.3 was disclosed to the receiving Party by a third party who was free of
obligations of confidentiality to the disclosing Party; or
10.5.4 is disclosed or used by the receiving Party, not less than three (3) years
following its initial disclosure or such other nondisclosure period as may
be agreed in writing by the Parties; or
10.5.5 is approved for release by written authorization of the disclosing Party;
or
10.5.6 is disclosed pursuant to a requirement or request of a governmental
agency or disclosure is required by operation of law, provided that the
Receiving Party shall have made commercially reasonable efforts to
give adequate notice of the requirement to the Disclosing Party in order
to enable the Disclosing Party to seek protective arrangements; or
10.5.7 is furnished to a third party by the disclosing Party without a similar
restriction on the third party’s rights.
10.6 Since either Party may choose not to use or announce any services, products or
marketing techniques relating to these discussions or information gained or
exchanged during the discussions, both Parties acknowledge that one is not
responsible or liable for any business decisions made by the other in reliance
upon any disclosures made during any meeting between the Parties or in reliance
on any results of the discussions. The furnishing of Proprietary Information to one
TDS ID Final 07 10 19.docx 10
Party by the other Party will not obligate either Party to enter into any further
agreement or negotiation with the other.
10.7 Nothing contained in this Agreement will be construed as granting to one Party a
license, either express or implied, under any patent, copyright, or trademark, now
or hereafter owned, obtained, controlled, or which is or may be licensable by the
other Party.
10.8 All publicity regarding this Agreement and its Attachments is subject to the Parties’
prior written consent.
10.9 Unless otherwise agreed upon, neither Party will publish or use the other Party’s
name, language, pictures, or symbols from which the other Party’s name may be
reasonably inferred or implied in any advertising, promotion, or any other publicity
matter relating directly or indirectly to this Agreement.
11. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
12. Default
In the event of breach of any material provision of this Agreement by either Party, the
non-breaching Party shall give the other Party written notice thereof, and:

12.1 If such material breach is for non-payment of amounts due hereunder, the
breaching Party shall cure such breach within ten (10) 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. Neither Party shall withhold or set off undisputed amounts.

In addition, if such material breach is for non-payment of amounts due hereunder
and such amounts have not been disputed, the non-breaching Party may:

12.1.1 refuse additional applications for any service provided under this
Agreement;
12.1.2 refuse to complete any pending orders for additional services any time
thereafter, and/or;
12.1.3 on thirty (30) days’ written notice by overnight delivery or certified U.S.
mail, with a copy to the Commission, to the person designated to
receive such notice, discontinue the provision of existing services at
any time thereafter.
12.2 If the non-breaching Party does not refuse additional applications for additional
services, and the non-payment continues, nothing contained herein shall preclude
the non-breaching Party from refusing additional applications for services without
further notice. If the non-breaching Party discontinues provision of the additional
services, all applicable charges, including termination charges, shall become due.
If the non-breaching Party does not discontinue the provision of services on the
date specified in the thirty (30) days’ notice, and the nonpayment continues,
nothing contained herein shall preclude the non-breaching Party from
discontinuing the provision of services without further notice.
TDS ID Final 07 10 19.docx 11
12.3 Frontier reserves the right to refuse an application for additional services made by
any entity that owns or is substantially owned, directly or indirectly, by or is under
common control with, TDSM, so long as TDSM or any such entity is indebted to
Frontier for services previously furnished, until the indebtedness is satisfied. In
the event that services are provided to TDSM or an entity that owns or is
substantially owned, directly or indirectly, by or is under common control with,
TDSM, such services may be terminated by Frontier unless TDSM satisfies the
indebtedness owing to Frontier within thirty (30) days after written notification.
Such notification shall be made by certified U. S. mail to the person designated by
TDSM to receive such notices.
12.4 If such material breach is for any failure to perform in accordance with this
Agreement, other than for non-payment of amounts due hereunder, or if either
Party is otherwise in violation of the law, the non-breaching Party shall give notice
of the breach and the breaching Party shall cure such breach within sixty (60)
days of such notice, and if breaching Party does not, the non-breaching Party
may, at its sole option, terminate this Agreement. The non-breaching Party shall
be entitled to pursue all available legal and equitable remedies for such breach.
13. Discontinuance of Service by TDSM
13.1 If TDSM proposes to discontinue, or actually discontinues, its provision of service
to all or substantially all of its Customers, whether voluntarily, as a result of
bankruptcy, or for any other reason, TDSM shall send written notice of such
discontinuance to Frontier, the Commission, and each of TDSM’s Customers.
TDSM shall provide such notice such number of days in advance of
discontinuance of its service as shall be required by Applicable Law. Unless the
period for advance notice of discontinuance of service required by Applicable Law
is more than thirty (30) days, to the extent commercially feasible, TDSM shall
send such notice at least thirty (30) days prior to its discontinuance of service.
13.2 Such notice must advise each TDSM Customer that unless action is taken by the
TDSM Customer to switch to a different carrier prior to TDSM’s proposed
discontinuance of service, the TDSM Customer will be without the service
provided by TDSM to the TDSM Customer.
13.3 Should a TDSM Customer subsequently become a Frontier Customer, TDSM
shall provide Frontier with all information necessary for Frontier to establish
service for the TDSM Customer, including, but not limited to, the TDSM
Customer’s billed name, listed name, service address, and billing address, and
the services being provided to the TDSM Customer.
13.4 Nothing in this Section 13 shall limit Frontier’s right to cancel or terminate this
Agreement or suspend provision of Services under this Agreement.
14. Dispute Resolution
14.1 Except as otherwise provided in this Agreement, any default or dispute between
the Parties regarding the interpretation or enforcement of this Agreement or any of
its terms shall be addressed by good faith negotiation between the Parties prior to
taking any action before any court or regulator or before authorizing any public
statement about or disclosure of the nature of the dispute to any third party. To
initiate such negotiation, a Party must provide to the other Party written notice of
the dispute that includes both a detailed description of the dispute or alleged
nonperformance and the name of an individual who will serve as the initiating
Party’s representative in the negotiation. The other Party shall have ten Business
Days to designate its own representative in the negotiation. The Parties’
representatives shall meet at least once within forty-five (45) days after the date of
TDS ID Final 07 10 19.docx 12
the initiating Party’s written notice in an attempt to reach a good faith resolution of
the dispute. In the event that the Parties are unable to resolve a default or other
dispute and upon agreement, the Parties’ representatives may utilize other
alternative dispute resolution procedures such as private mediation to assist in the
negotiations.
14.2 If the Parties have been unable to resolve the dispute within forty-five (45) days of
the date of the initiating Party’s written notice, either Party may pursue any
remedies available to it under this Agreement, at law, in equity, or otherwise,
including, but not limited to, instituting an appropriate proceeding before the
Commission, the FCC, or a court of competent jurisdiction.
14.3 Both Parties shall use the Dispute Resolutions procedures as described herein.
14.4 Each Party shall bear the cost of preparing and presenting its case through all
phases of the dispute resolution procedure herein described.
15. Force Majeure
15.1 Neither Party shall be responsible for any delay or failure in performance which
results from causes beyond its reasonable control (“Force Majeure Events”),
whether or not foreseeable by such Party. Such Force Majeure Events include,
but are not limited to the following:
15.1.1 Adverse weather conditions, flood, fire, explosion, earthquake,
hurricane, cyclone, tornado, storm, epidemic, volcanic action,
breakdown of plant or power failure;
15.1.2 Embargo, boycott, war, revolution, civil commotion, act of public
enemies, terrorism, or blockade;
15.1.3 Any law, order, proclamation, regulation, ordinance, demand or
requirement of any government or any subdivision, authority, or
representative of any such government;
15.1.4 Labor unrest (including, but not limited to, strikes, work stoppages,
slowdowns, picketing or boycotts);
15.1.5 Delays caused by other service or equipment vendors, inability to
obtain equipment, parts, software or repairs thereof, acts or omissions
of the other Party;
15.1.6 Any other circumstance beyond the reasonable control of the Party
affected and acts of God.
15.2 If a Force Majeure Event occurs, the non-performing Party shall give prompt
notification of its inability to perform to the other Party. During the period that the
non-performing Party is unable to perform, the other Party shall also be excused
from performance of its obligations to the extent such obligations are reciprocal to,
or depend upon, the performance of the non-performing Party that has been
prevented by the Force Majeure Event. The non-performing Party shall use
commercially reasonable efforts to avoid or remove the cause(s) of its non-
performance and both Parties shall proceed to perform once the cause(s) are
removed or cease.
15.3 Notwithstanding the provisions of Sections 15.1 and 15.2, in no case shall a Force
Majeure Event excuse either Party from an obligation to pay money as required by
this Agreement.
TDS ID Final 07 10 19.docx 13
15.4 Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Party, in its sole discretion, determines
appropriate.
16. Forecasts
In addition to any other forecasts required by this Agreement, upon request by Frontier,
TDSM shall provide to Frontier forecasts regarding the Services that TDSM expects to
purchase from Frontier, including, but not limited to, forecasts regarding the types and
volumes of Services that TDSM expects to purchase and the locations where such
Services will be purchased.
17. Fraud
TDSM assumes responsibility for all fraud associated with its Customers and accounts.
Frontier shall bear no responsibility for, and shall have no obligation to investigate or
make adjustments to TDSM's account in cases of, fraud by TDSM’s Customers or other
third parties unless such fraud is the result of intentional misconduct or gross negligence
of Frontier.
18. Good Faith Performance
The Parties shall act in good faith in their performance of this Agreement. Except as
otherwise expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a Party’s sole
discretion), where consent, approval, mutual agreement or a similar action is required by
any provision of this Agreement, such action shall not be unreasonably withheld,
conditioned or delayed. If and, to the extent that, Frontier, prior to the Effective Date of
this Agreement, has not provided in the State of Idaho a Service offered under this
Agreement, Frontier reserves the right to negotiate in good faith with TDSM reasonable
terms and conditions (including, without limitation, rates and implementation timeframes)
for such Service; and, if the Parties cannot agree to such terms and conditions (including,
without limitation, rates and implementation timeframes), either Party may utilize the
Agreement’s dispute resolution procedures.
19. Headings
The headings in this Agreement are for convenience and will not be construed to define or
limit any of the terms herein or affect the meanings or interpretation of this Agreement.
20. Indemnification
20.1 Each Party (“Indemnifying Party”) shall indemnify, defend and hold harmless the
other Party (“Indemnified Party”), the Indemnified Party’s parents, subsidiaries,
Affiliates, agents, servants, and the directors, officers and employees of the
Indemnified Party and the Indemnified Party’s Affiliates, from any liabilities, claims
or demands (including the costs, expenses and reasonable attorney's fees on
account thereof) that may be made by third parties for (a) personal injuries,
including death, or (b) damage to tangible property resulting from the sole
negligence and/or sole willful misconduct of that Party, its employees or agents in
the performance of this Agreement. Each Party will defend the other at the other's
request against any such liability, claim, or demand. Each Party will notify the
other promptly of written claims or demands against such Party of which the other
Party is solely responsible hereunder.
20.2 Each Party will defend, indemnify, and hold harmless the other Party and/or
acquire any license or right for the benefit of the other Party, arising from any
claim, demand or proceeding (hereinafter “Claim”) by any third party alleging or
asserting that the use of any circuit, apparatus, or system, or other facilities, or the
TDS ID Final 07 10 19.docx 14
use of any software, or the performance of any service or method, or the provision
or use of any facilities by either Frontiers or TDSMs under this Agreement
constitutes direct or contributory infringement, or misuse or misappropriation of
any patent, copyright, trademark, trade secret, or any other proprietary or
intellectual property right of any third party. Each Party’s indemnification
obligation will be to the extent of infringement by the Indemnifying Party,
20.3 The Indemnified Party will notify the Indemnifying Party promptly in writing of any
claims, lawsuits, or demands by third Parties for which the Indemnified Party
alleges that the Indemnifying Party is responsible under this Section and if
requested by the Indemnifying Party, shall tender the defense of such claim,
lawsuit or demand.
20.3.1 In the event the Indemnifying Party does not promptly assume or
diligently pursue the defense of the tendered action, then the
Indemnified Party may proceed to defend or settle said action and the
Indemnifying Party shall hold harmless the Indemnified Party from any
loss, cost, liability, damage and expense.
20.3.2 In the event the Party otherwise entitled to indemnification from the
other elects to decline such indemnification, then the Party making such
an election may, at its own expense, assume defense and settlement of
the claim, lawsuit or demand.
20.3.3 The Parties will cooperate in every reasonable manner with the defense
or settlement of any claim, demand, or lawsuit.
20.4 Notwithstanding any other provisions of this Agreement, in the case of claims or
loss alleged or incurred by an End User Customer of TDSM arising out of or in
connection with services provided to the End User Customer by TDSM, TDSM
shall defend and indemnify Frontier and its officers, directors, employees and
agents against any and all such claims or loss by TDSM's End User Customers.
21. Insurance
21.1 TDSM shall maintain during the term of this Agreement, at its sole cost and
expense, the following insurance:
21.1.1 Commercial General Liability Insurance, on an occurrence basis, for
claims that may arise out of or result from TDSM’s performance of this
Agreement, whether performed by TDSM or its subcontractor, or
anyone for whose acts they may be held liable. Such insurance shall
include coverage for bodily injury, property damage premises and
operations, products and completed operations, contractual liability,
personal and advertising injury, and coverage for explosion, collapse,
and underground property damage (XCU), with limits of at least
$1,000,000 per occurrence, $2,000,000 in the general aggregate, and
$2,000,000 in the aggregate for products and completed operations.
Products and completed operations coverage shall be maintained for a
minimum of two (2) years following the expiration or termination of this
Agreement.
21.1.2 Business Automobile Liability Insurance covering all owned, hired and
non-owned vehicles, with a combined single limit for bodily injury and
property damage of at least $2,000,000 each accident, covering any
automobile used and or operated by, or on behalf of TDSM on
Frontier’s premises.
TDS ID Final 07 10 19.docx 15
21.1.3 Umbrella or Excess Liability Insurance providing excess limits over the
commercial general liability, business automobile liability, and
employer’s liability policies, with limits of at least $10,000,000 for each
occurrence. The limit of liability under this insurance may be increased
accordingly to satisfy the minimum limit requirements under the
Commercial General Liability, Business Automobile Liability and
Employer's Liability Insurances.
21.1.4 Workers’ Compensation Insurance with coverage and limits complying
with the statutory requirements of the jurisdiction in which the
Collocation site is located, and Employer’s Liability Insurance with limits
of at least $1,000,000 each accident for bodily injury by accident,
$1,000,000 each employee for bodily injury by disease, and $1,000,000
policy limit for bodily injury by disease. Such Workers’ Compensation
insurance policy will provide that the insurance company will waive all
rights of recovery by way of subrogation against Frontier
Communications Corporation and its subsidiaries in connection with
any claim covered by the policy.
21.1.5 All risk property insurance on a replacement cost basis for all of
TDSM's real and personal property located at any Collocation site or
otherwise located on or in any Frontier premises (whether owned,
leased or otherwise occupied by Frontier), facility, equipment or right-
of-way. Such insurance policy will provide that the insurance company
will waive all rights of recovery by way of subrogation against Frontier
Communications Corporation and its subsidiaries in connection with
any damage covered by the policy.
21.2 All such policies identified under this Section shall be issued by insurance
companies authorized to do business in the state where the Collocation site is
located and with an A.M. Best Rating of A- VII or better.
21.3 Any deductibles, self-insured retentions or other similar obligations for the
foregoing insurance must be disclosed on the certificates of insurance to be
provided to Frontier pursuant to Sections 21.5 and 21.6, and shall be the sole
responsibility of TDSM.
21.4 TDSM shall name Frontier Communications Corporation and its subsidiaries, and
any other entities as required by Frontier whose names have been provided to
TDSM in writing as additional insureds on the foregoing liability insurance except
for Workers’ Compensation and Employer’s Liability. Such coverage shall be
primary and non-contributory to any other insurance available to the additional
insureds.
21.5 TDSM shall, within two (2) weeks of the Effective Date hereof and at the time of
each renewal of TDSM’s insurance policies, and at such other times as Frontier
may reasonably specify, furnish certificate(s) of insurance of the foregoing
insurance reasonably acceptable to Frontier. The certificates of insurance of the
foregoing insurance shall be sent to: Contract Management, Frontier
Communications Corporation, 7979 N. Belt Line Road, MC: S1C74, Irving, TX
75063.
21.6 TDSM shall require its contractors, if any, that may enter upon the premises or
access the facilities or equipment of Frontier or Frontier’s affiliates to maintain
insurance in accordance with Sections 21.1 through 21.4 and, if requested, to
furnish Frontier certificates insurance acceptable to Frontier in accordance with
Section 21.5.
TDS ID Final 07 10 19.docx 16
21.7 Failure of TDSM or TDSM’s contractors to maintain insurance and provide
certificates of insurance as required in Sections 21.1 through 21.6, above, shall be
deemed a material breach of this Agreement.
21.8 This Section Intentionally Left Blank
21.9 All insurance must be in effect on or before the occupancy date and shall remain
in force as long as TDSM's facilities remain within any spaces governed by this
Agreement. If TDSM fails to maintain the coverage, shall be deemed a material
breach of this Agreement.
21.10 The obligation to insure imposed by this Section shall not relieve TDSM of any
obligations imposed upon it by other Sections of this Agreement. Neither the
insurance required nor the amount of type of insurance maintained by TDSM shall
limit or affect the extent of TDSM’s liability hereunder for injury, death or loss or
damage.
22. Intellectual Property
22.1 Except as expressly stated in this Agreement, this Agreement shall not be
construed as granting a license with respect to any patent, copyright, trade name,
trademark, service mark, trade secret or any other intellectual property, now or
hereafter owned, controlled or licensable by either Party. Except as expressly
stated in this Agreement, neither Party may use any patent, copyrightable
materials, trademark, trade name, trade secret or other intellectual property right,
of the other Party except in accordance with the terms of a separate license
agreement between the Parties granting such rights.
22.2 Except as stated in Section 22.1, neither Party shall have any obligation to
defend, indemnify or hold harmless, or acquire any license or right for the benefit
of, or owe any other obligation or have any liability to, the other Party or its
Affiliates or Customers based on or arising from any Third Party Claim alleging or
asserting that the provision or use of any service, facility, arrangement, or
software by either Party under this Agreement, or the performance of any service
or method, either alone or in combination with the other Party, constitutes direct,
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual property right of any Party or third person. Each Party,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
22.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE
PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE
DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE USE
BY EACH PARTY OF THE OTHER’S SERVICES PROVIDED UNDER THIS
AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY
RIGHT.
23. Joint Work Product
The Principal Document is the joint work product of the Parties, has been negotiated by
the Parties, and shall be fairly interpreted in accordance with its terms. In the event of
any ambiguities, no inferences shall be drawn against either Party.
24. Law Enforcement
24.1 Each Party may cooperate with law enforcement authorities and national security
authorities to the full extent required or permitted by Applicable Law in matters
TDS ID Final 07 10 19.docx 17
related to Services provided by it under this Agreement, including, but not limited
to, the production of records, the establishment of new lines or the installation of
new services on an existing line in order to support law enforcement and/or
national security operations, and, the installation of wiretaps, trap-and-trace
facilities and equipment, and dialed number recording facilities and equipment.
24.2 A Party shall not have the obligation to inform the other Party or the Customers of
the other Party of actions taken in cooperating with law enforcement or national
security authorities, except to the extent required by Applicable Law.
24.3 Where a law enforcement or national security request relates to the establishment
of lines (including, but not limited to, lines established to support interception of
communications on other lines), or the installation of other services, facilities or
arrangements, a Party may act to prevent the other Party from obtaining access to
information concerning such lines, services, facilities and arrangements, through
operations support system interfaces.
25. Limitation of Liability
25.1 As used in this Section 25, “Service Failure” means a failure to comply with a
direction to install, restore or terminate Services under this Agreement, a failure to
provide Services under this Agreement, and failures, mistakes, omissions,
interruptions, delays, errors, defects or the like, regardless of the form of a claim
or action, whether statutory, in contract, warranty, strict liability, or tort, including
(without limitation) negligence of any kind, occurring in the course of the provision
of any Services under this Agreement.
25.2 Except as otherwise stated in Section 25.4, the liability, if any, of a Party, a Party’s
parents, subsidiaries, Affiliates, agents, servants, and the directors, officers and
employees of a Party and a Party’s Affiliates, to the other Party, the other Party’s
Customers, and to any other person, for Claims arising out of a Service Failure
shall not exceed an amount equal to the pro rata applicable monthly charge for
the Services that are subject to the Service Failure for the period in which such
Service Failure occurs.
25.3 EXCEPT AS OTHERWISE STATED IN SECTIONS 25.2 AND 25.4, NEITHER
PARTY WILL BE LIABLE TO THE OTHER IN CONNECTION WITH THE
PROVISION OR USE OF SERVICES PROVIDED UNDER THIS AGREEMENT
(INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH A SERVICE
FAILURE OR ANY BREACH, DELAY OR FAILURE IN PERFORMANCE OF
THIS AGREEMENT). NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR
ANY LOSS, COST, CLAIM, INJURY, LIABILITY OR EXPENSE, INCLUDING
REASONABLE ATTORNEY’S FEES, RELATING TO OR ARISING OUT OF ANY
ORDINARY NEGLIGENT ACT OR OMISSION BY A PARTY. IN NO EVENT WILL
EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR LIKE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, INCOME
OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, WHETHER
SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF
LIABILITY AND WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT AT
THE TIME THIS AGREEMENT WAS EXECUTED.
25.4 Nothing contained in Sections 25.1 through Error! Reference source not found.
shall exclude or limit liability:
25.4.1 under Sections 20, Indemnification, or 42, Taxes.
TDS ID Final 07 10 19.docx 18
25.4.2 for any obligation to indemnify, defend and/or hold harmless that a
Party may have under this Agreement.
25.4.3 for damages arising out of or resulting from bodily injury to or death of
any person, or damage to, or destruction or loss of, tangible real and/or
personal property of any person, or Toxic or Hazardous Substances, to
the extent such damages are otherwise recoverable under Applicable
Law;
25.4.4 for a claim for infringement of any patent, copyright, trade name, trade
mark, service mark, or other intellectual property interest;
25.4.5 under Section 258 of the Act or any order of FCC or the Commission
implementing Section 258; or
25.4.6 under the financial incentive or remedy provisions of any service quality
plan required by the FCC or the Commission.
25.5 In the event that the liability of a Party, a Party’s parents, subsidiaries, Affiliates,
agents, servants, or a director, officer or employee of a Party or a Party’s Affiliate,
is limited and/or excluded under both this Section 25 and a provision of an
applicable Tariff, the liability of the Party or other person shall be limited to the
smaller of the amounts for which such Party or other person would be liable under
this Section or the Tariff provision.
25.6 Each Party shall, in its tariffs and other contracts with its Customers, provide that
in no case shall either Party, its parents, subsidiaries, Affiliates, agents, servants,
or the directors, officers or employees of the other Party or the other Party’s
Affiliates, be liable to such Customers or other third-persons for any special,
indirect, incidental, consequential, reliance, exemplary, punitive or other damages,
arising out of a Service Failure.
25.7 No liability shall attach to either Party, its parents, subsidiaries, Affiliates, agents,
servants or the directors, officers or employees of the other Party for damages
arising from errors, mistakes, omissions, interruptions, or delays in the course of
establishing, furnishing, rearranging, moving, termination, changing, or providing
or failing to provide services or facilities (including the obtaining or furnishing of
information with respect thereof or with respect to users of the services or
facilities) in the absence of gross negligence or willful misconduct.
26. Network Management
26.1 Cooperation. The Parties will work cooperatively in a commercially reasonable
manner to install and maintain a reliable network. TDSM and Frontier will
exchange appropriate information (e.g., network information, maintenance contact
numbers, escalation procedures, and information required to comply with
requirements of law enforcement and national security agencies) to achieve this
desired reliability. In addition, the Parties will work cooperatively in a
commercially reasonable manner to apply sound network management principles
to alleviate or to prevent traffic congestion and subject to Section 17, to minimize
fraud associated with third number billed calls, calling card calls, and other
services related to this Agreement.
26.2 Responsibility for Following Standards. Each Party recognizes a responsibility to
follow the standards that may be agreed to between the Parties and to employ
characteristics and methods of operation that will not interfere with or impair the
service, network or facilities of the other Party or any third parties connected with
or involved directly in the network or facilities of the other.
TDS ID Final 07 10 19.docx 19
26.3 Interference or Impairment. If a Party (“Impaired Party”) reasonably determines
that the services, network, facilities, or methods of operation, of the other Party
(“Interfering Party”) will or are likely to interfere with or impair the Impaired Party’s
provision of services or the operation of the Impaired Party’s network or facilities,
the Impaired Party may interrupt or suspend any Service provided to the
Interfering Party to the extent necessary to prevent such interference or
impairment, subject to the following:
26.3.1 Except in emergency situations (e.g., situations involving a risk of bodily
injury to persons or damage to tangible property, or an interruption in
Customer service) or as otherwise provided in this Agreement, the
Impaired Party shall have given the Interfering Party at least ten (10)
days’ prior written notice of the interference or impairment or potential
interference or impairment and the need to correct the condition within
said time period; and take other actions, if any, required by Applicable
Law; and,
26.3.2 Upon correction of the interference or impairment, the Impaired Party
will promptly restore the interrupted or suspended Service. The
Impaired Party shall not be obligated to provide an out-of-service credit
allowance or other compensation to the Interfering Party in connection
with the suspended Service.
26.4 Outage Repair Standard. In the event of an outage or trouble in any Service
being provided by a Party hereunder, the Providing Party will follow Frontier’s
standard procedures for isolating and clearing the outage or trouble. For
additional information, go to https://wholesale.frontier.com/wholesale/ under
Systems and Online Tools, then Trouble Administration.
26.5 Testing and Trouble Responsibilities. The Parties agree to:
26.5.1 Cooperatively plan and implement coordinated repair procedures for
the local Interconnection trunks and facilities to ensure trouble reports
are resolved in a timely and appropriate manner.
26.5.2 Provide trained personnel with adequate and compatible test
equipment to work with each other's technicians.
26.5.3 Promptly notify each other when there is any change affecting the
service requested, including the date service is to be started.
26.5.4 Coordinate and schedule testing activities of their own personnel, and
others as applicable, to ensure its Interconnection trunks/trunk groups
are installed per the Interconnection order, meet agreed upon
acceptance test requirements, and are placed in service by the due
date.
26.5.5 Perform sectionalization to determine if a trouble condition is located in
its facility or its portion of the Interconnection trunks prior to referring
any trouble to each other.
26.5.6 Provide each other with a trouble reporting number to a work center
that is staffed 24 hours a day/7 days a week.
26.5.7 Based on the trunking architecture, provide for mutual tests for system
assurance for the proper recording of AMA records in each company's
switch. These tests are repeatable on demand by either Party upon
reasonable notice.
TDS ID Final 07 10 19.docx 20
26.5.8 A maintenance service charge applies whenever either Party requests
the dispatch of the other Party's personnel for the purpose of
performing maintenance activity on the Interconnection trunks, and any
of the following conditions exist:
26.5.8.1 No trouble is found in the Interconnection trunks; or
26.5.8.2 The trouble condition results from equipment, facilities or
systems not provided by the Party whose personnel were
dispatched; or
26.5.8.3 Trouble clearance did not otherwise require a dispatch, and
upon dispatch requested for repair verification, the
Interconnection trunk does not exceed maintenance limits.
26.5.8.4 If a maintenance service charge has been applied and
trouble is subsequently found in the facilities of the Party
whose personnel were dispatched, the charge will be
canceled.
26.5.8.5 Billing for maintenance service is based on Frontier’s
respective tariff.
27. Non-Exclusive Remedies
Except as otherwise expressly provided in this Agreement, each of the remedies
provided under this Agreement is cumulative and is in addition to any other remedies that
may be available under this Agreement or at law or in equity.
28. Notice of Network Changes
If a Party makes a change in the information necessary for the transmission and routing
of services using that Party’s facilities or network, or any other change in its facilities or
network that will materially affect the interoperability of its facilities or network with the
other Party’s facilities or network, the Party making the change shall publish notice of the
change at least ninety (90) days in advance of such change, and shall use reasonable
efforts, as commercially practicable, to publish such notice at least one hundred eighty
(180) days in advance of the change; provided, however, that if an earlier publication of
notice of a change is required by Applicable Law (including, but not limited to, 47 CFR
51.325 through 51.335) notice shall be given at the time required by Applicable Law.
29. Notices
29.1 Except as otherwise provided in this Agreement, notices given by one Party to the
other Party under this Agreement:
29.1.1 shall be in writing;
29.1.2 shall be delivered (a) personally, (b) by express delivery service with
next Business Day delivery, (c) by first class, certified or registered U.S.
mail, postage prepaid, or (d) by electronic mail, with a copy delivered in
accordance with (a), (b) or (c), preceding; and
29.1.3 shall be delivered to the following addresses of the Parties:
To TDSM:
TDS Metrocom
TDS ID Final 07 10 19.docx 21
Attn: Carrier Relations
525 Junction Rd.
Madison, WI 53717
Email Address: [e-mail]

To Frontier:
Contract Management
Frontier Communications
7979 N. Belt Line Road, MC: S1C74
Irving, TX 75063
Email Address: [e-mail]

with a copy to:
Frontier Communications
Legal Department - Interconnection
401 Merritt 7
Norwalk, CT 06851

or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (a) where there is personal
delivery of the notice, the date of actual receipt, (b) where the notice is sent via
express delivery service for next Business Day delivery, upon notification of
receipt, and (c) where the notice is sent via electronic mail, if the notice is sent on
a Business Day and before 5 PM in the time zone where it is received or if the
notice is sent on a non-Business Day or if the notice is sent after 5 PM in the time
zone where it is received, the next Business Day.
TDSM shall notify Frontier, by written notice pursuant to this Section 29, of any
changes in the addresses or other TDSM contact information identified under
Section 29.1.3 above.
30. Ordering and Maintenance
TDSM shall use Frontier’s electronic Operations Support System access platforms to
submit Orders and requests for maintenance and repair of Services, and to engage in
other pre-ordering, ordering, provisioning, maintenance and repair transactions. If
Frontier has not yet deployed an electronic capability for TDSM to perform a pre-ordering,
ordering, provisioning, maintenance or repair, transaction offered by Frontier, TDSM shall
use such other processes as Frontier has made available for performing such transaction
(including, but not limited, to submission of Orders by telephonic facsimile transmission
and placing trouble reports by voice telephone transmission).
31. Performance Standards
31.1 Frontier shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law, including, but not limited to,
Section 251(c) of the Act.
31.2 TDSM shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
32. Point of Contact for TDSM Customers
32.1 TDSM shall establish telephone numbers and mailing addresses at which TDSM
Customers may communicate with TDSM and shall advise TDSM Customers of
these telephone numbers and mailing addresses.
TDS ID Final 07 10 19.docx 22
32.2 Except as otherwise agreed to by Frontier, Frontier shall have no obligation, and
may decline, to accept a communication from a TDSM Customer, including, but
not limited to, a TDSM Customer request for repair or maintenance of a Frontier
Service provided to TDSM.
33. This Section Intentionally Left Blank
34. Publicity and Use of Trademarks or Service Marks
34.1 A Party, its Affiliates, and their respective contractors and Agents, shall not use
the other Party’s trademarks, service marks, logos or other proprietary trade
dress, in connection with the sale of products or services, or in any advertising,
press releases, publicity matters or other promotional materials, unless the other
Party has given its written consent for such use, which consent the other Party
may grant or withhold in its sole discretion.
34.2 Neither Party may imply any direct or indirect affiliation with or sponsorship or
endorsement of it or its services or products by the other Party.
34.3 Any violation of this Section 34 shall be considered a material breach of this
Agreement.
35. References
35.1 All references to Sections, Appendices and Exhibits shall be deemed to be
references to Sections, Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
35.2 Unless the context shall otherwise require, any reference to a Tariff, agreement,
technical or other document (including Frontier or third party guides, practices or
handbooks), or provision of Applicable Law, is to such Tariff, agreement,
document, or provision of Applicable Law, as amended and supplemented from
time to time (and, in the case of a Tariff or provision of Applicable Law, to any
successor Tariff or provision).
36. Relationship of the Parties
36.1 The relationship of the Parties under this Agreement shall be that of independent
contractors, and not as the agent, employee, or servant of the other Party, and
nothing herein shall be construed as creating any other relationship between the
Parties.
36.2 Nothing contained in this Agreement shall make either Party nor any personnel
furnished by such Party the employee or agent of the other, create a partnership,
joint venture, or other similar relationship between the Parties, or grant to either
Party a franchise, distributorship or similar interest. Neither Party may be entitled to
any benefits available under any plans for such other Party's employees.
36.3 Except for provisions herein expressly authorizing a Party to act for another Party,
nothing in this Agreement shall constitute a Party as a legal representative or
Agent of the other Party, nor shall a Party have the right or authority to assume,
create or incur any liability or any obligation of any kind, express or implied,
against, in the name or on behalf of the other Party unless otherwise expressly
permitted by such other Party in writing, which permission may be granted or
withheld by the other Party in its sole discretion.
36.4 Each Party shall have sole authority and responsibility to hire, fire, compensate,
supervise, and otherwise control its employees, Agents and contractors as is
consistent with and necessary to preserve its independent contractor status. Each
TDS ID Final 07 10 19.docx 23
Party shall be solely responsible for all matters relating to payment of its
employees including compliance with Social Security, withholding or other taxes
that it is required by Applicable Law to pay in conjunction with its employees,
Agents and contractors, for withholding and remitting to the applicable taxing
authorities any taxes that it is required by Applicable Law to collect from its
employees, and for worker’s compensation, disability and unemployment
insurance, and all other regulations governing such matters.
36.5 Except as otherwise expressly provided in this Agreement, no Party undertakes to
perform any obligation of the other Party, whether regulatory or contractual, or to
assume any responsibility for the management of the other Party's business.
36.6 The relationship of the Parties under this Agreement is a non-exclusive
relationship.
37. Reservation of Rights
37.1 Notwithstanding anything to the contrary in this Agreement, neither Party waives,
and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise
seek the reversal of and changes in any arbitration decision associated with this
Agreement; (b) to challenge the lawfulness of this Agreement and any provision of
this Agreement; (c) to seek changes in this Agreement (including, but not limited
to, changes in rates, charges and the Services that must be offered) through
changes in Applicable Law; (d) to challenge the lawfulness and propriety of, and
to seek to change, any Applicable Law, including, but not limited to any rule,
regulation, order or decision of the Commission, the FCC, or a court of applicable
jurisdiction; and (e) to collect debts owed to it under any prior interconnection or
resale agreements. Nothing in this Agreement shall be deemed to limit or
prejudice any position a Party has taken or may take before the Commission, the
FCC, any other state or federal regulatory or legislative bodies, courts of
applicable jurisdiction, or industry fora. The provisions of this Section shall survive
the expiration, cancellation or termination of this Agreement.
37.2 TDSM acknowledges TDSM has been advised by Frontier that it is Frontier’s
position that this Agreement contains certain provisions which are intended to
reflect Applicable Law and Commission and/or FCC arbitration decisions.
38. Service to End User
38.1 TDSM does not plan on providing any services to End Users by purchasing any
UNEs or resale services from Frontier within Frontier’s exchanges as of the
Effective Date of this Agreement. The Parties agree to negotiate any changes to
this Section 38 if and when TDSM would like to provide End User services. In the
event TDSM begins serving End Users within Frontier’s exchanges and has not
requested changes prior to that time, it is assumed, TDSM had no changes to this
Section.
38.2 TDSM will be the End User of Record for all services purchased from Frontier.
Except as otherwise specified herein, Frontier will only take orders from, bill and
expect payment from TDSM for all services. TDSM will be Frontier’s single point
of contact for all services purchased pursuant to this Agreement.
38.3 Subject to Section 32, Frontier will continue to bill the End User for any services
that the End User specifies it wishes to receive directly from Frontier.
38.4 Frontier maintains the right to actively market and serve directly any End User
within Frontier’s serving area. Frontier will continue to directly market its own
TDS ID Final 07 10 19.docx 24
telecommunications products and services and in doing so may establish
independent relationships with End Users of TDSM.
38.5 Service is furnished subject to the condition that it will not be used for any unlawful
purpose. Frontier may refuse to provide service to TDSM when it has reasonable
grounds to believe that service will be used in violation of the law, including, but
not limited to, Section 24,
38.6 Subject to Section 24, service will be discontinued by Frontier if any law
enforcement agency advises that the service is being used in violation of the law.
24, service will be discontinued by Frontier if any law enforcement agency advises
that the service is being used in violation of the law.
38.7 Subject to Section 26, Frontier may refuse to provide service to TDSM when it has
reasonable grounds to believe that service will jeopardize the reliability or
efficiency of Frontier’s network or interferes with or prevents other persons from
using their service, or otherwise impairs the quality of service to other carriers or
to End Users.
38.8 Subject to Section 30, TDSM will be the single point of contact with Frontier for all
subsequent ordering activity resulting in additions or changes to services except
that Frontier will accept a request directly from the End User for conversion of the
End User's service from TDSM to Frontier or will accept a request from another
carrier for conversion of the End User's service from the TDSM to the other
carrier.
39. Subcontractors
A Party may use a contractor of the Party (including, but not limited to, an Affiliate of the
Party) to perform the Party’s obligations under this Agreement; provided, that a Party’s
use of a contractor shall not release the Party from any duty or liability to fulfill the Party’s
obligations under this Agreement.
40. Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective legal successors and permitted assigns.
41. Survival
The rights, liabilities and obligations of a Party for acts or omissions occurring prior to the
expiration, cancellation or termination of this Agreement, the rights, liabilities and
obligations of a Party under any provision of this Agreement regarding confidential
information (including but not limited to, Section 10), indemnification or defense
(including, but not limited to, Section 20), or limitation or exclusion of liability (including,
but not limited to, Section 25), and the rights, liabilities and obligations of a Party under
any provision of this Agreement which by its terms or nature is intended to continue
beyond or to be performed after the expiration, cancellation or termination of this
Agreement, shall survive the expiration, cancellation or termination of this Agreement.
42. Taxes
42.1 In General. With respect to any purchase of Services under this Agreement, if
any federal, state or local tax, fee, surcharge or other tax-like charge, excluding
any tax levied on property or net income, (a "Tax") is required or permitted by
Applicable Law or a Tariff to be collected from the Purchasing Party by the
Providing Party, then (a) the Providing Party shall bill the Purchasing Party for
such Tax, as a separately stated item on the invoice, (b) the Purchasing Party
shall timely remit such Tax to the Providing Party and (c) the Providing Party shall
TDS ID Final 07 10 19.docx 25
timely remit such collected Tax to the applicable taxing authority as and to the
extent required by Applicable Law.
42.2 Taxes Imposed on the Providing Party or Receipts. With respect to any purchase
of Services under this Agreement, if any federal, state or local Tax is imposed by
Applicable Law on the receipts of the Providing Party, and such Applicable Law
permits the Providing Party to exclude certain receipts received from sales to a
public utility, distributor, telephone company, local exchange carrier,
telecommunications company or other communications company
(“Telecommunications Company”), such exclusion being based on the fact that
the Purchasing Party is also subject to a tax based upon receipts (“Receipts Tax”),
then the Purchasing Party shall pay and remit the Receipts Tax as required by
Applicable Law
42.3 Taxes Imposed on Subscriber. With respect to any purchase of Services under
this Agreement that are resold to a third party, if any federal, state or local Tax is
imposed by Applicable Law on the subscriber, end-user, customer or ultimate
consumer (“Subscriber”) in connection with any such purchase, which a
Telecommunications Company is required to impose and/or collect from a
Subscriber, or if any federal, state or local Tax is imposed on the Providing Party
and required by Applicable Law to be passed through to the Subscriber, then the
Purchasing Party (a) shall impose and/or collect such Tax from the Subscriber
and (b) shall timely remit such Tax to the applicable taxing authority.
42.4 Tax Exemptions and Exemption Certificates. If Applicable Law clearly exempts a
purchase hereunder from a Tax, and if such Applicable Law also provides an
exemption procedure, such as an exemption certificate requirement, then, if the
Purchasing Party complies with such procedure, the Providing Party shall not
collect such Tax during the effective period of such exemption. Such exemption
shall be effective upon receipt of the exemption certificate or affidavit in
accordance with the terms set forth in Section 42.7. If Applicable Law clearly
exempts a purchase hereunder from a Tax, but does not also provide an
exemption procedure, then the Providing Party shall not collect such Tax if the
Purchasing Party (a) furnishes the Providing Party with a letter signed by an
officer requesting such an exemption and citing the provision in the Applicable
Law which clearly allows such exemption and (b) supplies the Providing Party with
an indemnification agreement, acceptable to the Providing Party, which holds the
Providing Party harmless on an after-tax basis with respect to its forbearing to
collect such Tax.
42.5 Liability for Uncollected Tax, Interest and Penalty.
42.5.1 If the Providing Party has not received an exemption certificate from the
Purchasing Party and the Providing Party fails to bill the Purchasing
Party for any Tax as required by Section 42.1, then, as between the
Providing Party and the Purchasing Party, (a) the Purchasing Party
shall remain liable for such unbilled Tax and (b) the Providing Party
shall be liable for any interest and penalty assessed with respect to
such unbilled Tax by a taxing authority.
42.5.2 If the Providing Party properly bills the Purchasing Party for any Tax but
the Purchasing Party fails to remit such Tax to the Providing Party as
required by Section 42.2, then, as between the Providing Party and the
Purchasing Party, the Purchasing Party shall be liable for such
uncollected Tax and any interest assessed thereon, as well as any
penalty assessed with respect to such uncollected Tax by the
applicable taxing authority.
TDS ID Final 07 10 19.docx 26
42.5.3 If the Providing Party does not collect any Tax as required by Section
42.1 because the Purchasing Party has provided such Providing Party
with an exemption certificate that is later found to be inadequate, invalid
or inapplicable by a taxing authority, then, as between the Providing
Party and the Purchasing Party, the Purchasing Party shall be liable for
such uncollected Tax and any interest assessed thereon, as well as
any penalty assessed with respect to such uncollected Tax by the
applicable taxing authority.
42.5.4 If the Purchasing Party fails to pay the Receipts Tax as required by
Section 42.2, then, as between the Providing Party and the Purchasing
Party, (a) the Providing Party shall be liable for any Tax imposed on its
receipts and (b) the Purchasing Party shall be liable for any interest
assessed thereon and any penalty assessed upon the Providing Party
with respect to such Tax by the applicable taxing authority.
42.5.5 If the Purchasing Party fails to impose and/or collect any Tax from
Subscribers as required by Section 42.3, then, as between the
Providing Party and the Purchasing Party, the Purchasing Party shall
remain liable for such uncollected Tax and any interest assessed
thereon, as well as any penalty assessed with respect to such
uncollected Tax by the applicable taxing authority. With respect to any
Tax that the Purchasing Party has agreed to pay, or is required to
impose on and/or collect from Subscribers, the Purchasing Party
agrees to indemnify and hold the Providing Party harmless on an after-
tax basis for any costs incurred by the Providing Party as a result of
actions taken by the applicable taxing authority to recover the Tax from
the Providing Party due to the failure of the Purchasing Party to timely
pay, or collect and timely remit, such Tax to such authority.
42.6 Audit Cooperation. In the event either Party is audited by a taxing authority, the
other Party agrees to cooperate fully with the Party being audited in order to
respond to any audit inquiries in a proper and timely manner so that the audit
and/or any resulting controversy may be resolved expeditiously.
42.7 Notices. All notices, affidavits, exemption-certificates or other communications
required or permitted to be given by either Party to the other, for purposes of this
Section 42, shall be made in writing and shall be delivered in person or sent by
certified mail, return receipt requested, or registered mail, or a courier service
providing proof of service, and sent to the addressees set forth in Section 29 as
well as to the following:
To TDSM:
TDS Inc.
Tax Knowledge Center
P.O. Box 628010
Middleton, WI 53562-8010

To Frontier:
TDS ID Final 07 10 19.docx 27
Frontier Communications
Tax Department
401 Merritt 7
Norwalk, CT 06851

Each Party may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section. Any
notice or other communication shall be deemed to be given when received.
43. Technology Upgrades
Notwithstanding any other provision of this Agreement, both Parties shall have the right
to deploy, upgrade, migrate and maintain its network at its discretion. The Parties
acknowledge that either Party, at its election, may deploy fiber throughout its network and
that such fiber deployment may inhibit or facilitate either Party’s ability to provide service
using certain technologies. Nothing in this Agreement shall limit either’s ability to modify
its network through the incorporation of new equipment or software or otherwise. Each
Party shall be solely responsible for its own costs and activities associated with
accommodating such changes in its own network.
44. Territory
44.1 This Agreement applies to the territory in which Frontier operates as an Incumbent
Local Exchange Carrier in the State of Idaho. Frontier shall be obligated to
provide Services under this Agreement only within this territory.
44.2 Notwithstanding any other provision of this Agreement, Frontier may terminate this
Agreement as to a specific operating territory or portion thereof if Frontier sells or
otherwise transfers its operations in such territory or portion thereof to a third-
person. Frontier shall provide TDSM with at least 90 calendar days prior written
notice of such termination, which shall be effective upon the date specified in the
notice.
45. Third Party Beneficiaries
Except as expressly set forth in this Agreement, this Agreement is for the sole benefit of
the Parties and their permitted assigns, and not for any other Person. Nothing herein
shall create or be construed to provide any Person not a Party to this Agreement
(including, but not limited to, any third party, End User of TDSM, Customers or
contractors of a Party) with any remedy, claim, liability, reimbursement, cause of action,
or other rights (including, but not limited to, any third-party beneficiary rights) in excess of
those existing by reference in this Agreement. Except as expressly set forth in this
Agreement, a Party shall have no liability under this Agreement to the Customers of the
other Party or to any other third person. Nothing herein contained shall be construed as
creating a partnership or joint venture by or between the Parties.
46. 252(i) Obligations
To the extent required by Applicable Law, each Party shall comply with Section 252(i) of
the Act. To the extent that the exercise by TDSM of any rights it may have under Section
252(i) results in the rearrangement of Services by Frontier, TDSM shall be solely liable
for all costs associated therewith, as well as for any termination charges associated with
the termination of existing Frontier Services.
47. Use of Service
Each Party shall make commercially reasonable efforts to ensure that its Customers
comply with the provisions of this Agreement (including, but not limited to the provisions
TDS ID Final 07 10 19.docx 28
of applicable Tariffs) applicable to the use of Services purchased by it under this
Agreement.
48. Waiver
48.1 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.
48.2 No course of dealing or failure of any 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.
48.3 Waiver by either Party of any default by the other Party shall not be deemed a
waiver of any other default.
49. Disclaimer of Warranties
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT (INCLUDING
WITHOUT LIMITATION THE PARTIES’ RESPECTIVE INDEMNIFICATION
OBLIGATIONS), THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND
NOR DOES THERE EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE
USE BY EITHER PARTY OF FACILITIES, ARRANGEMENTS, OR SERVICES
PROVIDED BY THE OTHER PARTY UNDER THIS AGREEMENT WILL NOT GIVE
RISE TO A CLAIM BY ANY THIRD PARTY OF INFRINGEMENT, MISUSE, OR
MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT OF SUCH THIRD
PARTY.
50. Withdrawal of Services
Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Frontier may terminate its offering and/or provision of
any Service under this Agreement upon thirty (30) days prior written notice to
TDSM.
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
TDS METROCOM, LLC
Ifnted: Joel Dohmeler
FRONTIER COMMUNICATIONS NORTHWEST,
INC.
By:
Printed: Michael Daniel
Title: Director Govwnment and Regulatory Affairs Title: SVP, Carrier Sales and Services
Date:Date:
TDS ID Final 07 10 lO.docx 29
TDS ID Final 07 10 19.docx 30
GLOSSARY
1. General Rule
1.1 The provisions of Sections 1.2 through 1.4 and Section 2 apply with regard to the
Principal Document. Terms used in a Tariff shall have the meanings stated in
the Tariff.
1.2 Unless the context clearly indicates otherwise, when a term listed in this Glossary
is used in the Principal Document, the term shall have the meaning stated in this
Glossary. A defined term intended to convey the meaning stated in this Glossary
is capitalized when used. Other terms that are capitalized, and not defined in this
Glossary or elsewhere in the Principal Document, shall have the meaning stated
in the Act. Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision. To
the extent that there may be any conflict between a definition set forth in this
Glossary and any definition in a specific provision, the definition set forth in the
specific provision shall control with respect to that provision.
1.3 Unless the context clearly indicates otherwise, any term defined in this Glossary
which is defined or used in the singular shall include the plural, and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
1.4 The words “shall” and “will” are used interchangeably throughout the Principal
Document and the use of either indicates a mandatory requirement. The use of
one or the other shall not confer a different degree of right or obligation for either
Party.
2. Definitions
2.1 Access Services.
A service that connects interexchange carriers to their End Users located within a
local access and transport area (LATA). Access service is used in originating
and terminating intraLATA/interLATA toll telecommunications.
2.2 Access Service Request (ASR).
An industry standard form and supporting documentation, which contains data
elements and usage rules used by the Parties to add, establish, change or
disconnect services or trunks and to identify specific trunking and facilities for the
purposes of interconnection.
2.3 Act.
The Telecommunications Act of 1934 (47 U.S.C. §151 et seq.), as amended from
time to time (including, but not limited to, by the Telecommunications Act of
1996).
2.4 Affiliate.
Shall have the meaning set forth in the Act.
2.5 Agent.
TDS ID Final 07 10 19.docx 31
An agent or servant.
2.6 Agreement.
This Agreement, as defined in Section 1 of the General Terms and Conditions.
2.7 Ancillary Traffic.
All traffic that is destined for ancillary services, or that may have special billing
requirements, including but not limited to the following: directory assistance,
9-1-1/E9-1-1, operator services (IntraLATA call completion), IntraLATA third
party, collect and calling card, 800/888 database query and LIDB.
2.8 Applicable Law.
All effective laws, government regulations and government orders, applicable to
each Party’s performance of its obligations under this Agreement. For the
avoidance of any doubt, when used in relation to unbundled Network Elements or
Combinations of unbundled Network Elements, the term "Applicable Law" means
the Federal Unbundling Rules.
2.9 ATIS.
The Alliance for Telecommunications Industry Solutions.
2.10 Automatic Location Identification (ALI) Database.
The emergency services (9-1-1/E9-1-1) database controlled by Frontier
containing caller address/location information including the carrier name,
National Emergency Numbering Administration (“NENA”) ID, Call Back Number,
and other carrier information used to process caller location records.
2.11 Automatic Number Identification (ANI).
The signaling parameter that refers to the number transmitted through the
network identifying the billing number of the calling party.
2.12 Bona Fide Request (BFR).
The process described in the Network Element Attachment that prescribes the
terms and conditions relating to a Party's request that the other Party provide a
UNE that it is not otherwise required to provide under the terms of this
Agreement.
2.13 Bridged Tap Removal.
The physical act of "cutting off" part of the metallic facility along the cable route to
remove cable not in the direct electrical path. The original loop could have made
multiple appearances along the cable route and the service subscribed to by the
End User may have limited tolerances to total bridged-tap on a circuit.
2.14 Business Day.
Monday through Friday, except for holidays observed by Frontier.
2.15 Cable Loading.
TDS ID Final 07 10 19.docx 32
The process of adding load coils to a metallic cable facility.
2.16 Cable Unloading.
The process of removing load coil(s) from a metallic cable facility.
2.17 Calendar Quarter.
January through March, April through June, July through September, or October
through December.
2.18 Calendar Year.
January through December.
2.19 Call Back Number.
A telephone number that can be used by the PSAP to re-contact the location
from which a 9-1-1/E9-1-1 Call was placed. The telephone number may or may
not be the telephone number of the station used to originate the 9-1-1/E9-1-1
Call.
2.20 CCS (Common Channel Signaling).
A method of transmitting call set-up and network control data over a digital
signaling network separate from the public switched telephone network facilities
that carry the actual voice or data content of the call.
2.21 Central Office.
An End Office or Tandem. Sometimes this term is used to refer to a telephone
company building in which switching systems and telephone equipment are
installed.
2.22 Claims.
Any and all claims, demands, suits, actions, settlements, judgments, fines,
penalties, liabilities, injuries, damages, losses, costs (including, but not limited to,
court costs), and expenses (including, but not limited to, reasonable attorney’s
fees).
2.23 CLLI Code.
Common Language Location Identifier Codes.
2.24 Commission.
Idaho Public Utilities Commission
2.25 Competitive Local Exchange Carrier (CLEC).
A telephone company certified by the Commission, to operate as a Local
Exchange Carrier in the territory in which Frontier operates as an ILEC in the
State of Idaho. TDSM is or shortly will become a CLEC.
2.26 Conditioning.
TDS ID Final 07 10 19.docx 33
Conditioning of an unbundled local loop includes, without limitation, cable
unloading, cable loading, bridged tap removal, or any combination of these.
2.27 Controlling 9-1-1 Authority.
The duly authorized state, county or local government agency empowered by law
to oversee the 9-1-1/E9-1-1 services, operations and systems within a defined
jurisdiction.
2.28 Calling Party Number CPN.
A CCS parameter that identifies the calling party's telephone number.
2.29 Cross Connection.
For a collocation arrangement, the facilities between the collocating Party’s
equipment and the equipment or facilities of the housing Party (such as the
housing Party’s digital signal cross connect, Main Distribution Frame, or other
suitable frame or panel).
2.30 Customer.
A third party residence or business end-user subscriber to Telephone Exchange
Services provided by either of the Parties.
2.31 Customer Proprietary Network Information (CPNI).
Shall have the meaning set forth in Section 222 of the Act, 47 U.S.C. § 222.
2.32 Dark Fiber Transport.
An optical transmission facility, within a LATA, that Frontier has not activated by
attaching multiplexing, aggregation or other electronics, between Frontier
switches (as identified in the LERG) or UNE Wire Centers.
2.33 Dedicated Transport.
A DS0-, DS1-, or DS3-capacity transmission facility between Frontier switches
(as identified in the LERG) or UNE Wire Centers, within a LATA, that is dedicated
to a particular end user or carrier. Dedicated Transport is sometimes referred to
as dedicated interoffice facilities ("IOF"). Dedicated Transport does not include
any facility that does not connect a pair of Frontier UNE Wire Centers.
2.34 Designated PSAP.
The primary PSAP designated by the Controlling 9-1-1 Authority to receive a
9-1-1/E9-1-1 Call based upon the geographic location of the end user.
2.35 Digital Loop Carrier (DLC).
A system that enables multiple End Users to share a single digital transmission
line running between a remotely located multiplexing unit and a central office.
2.36 Discontinued Facility.
Any facility, element, arrangement or the like that the Federal Unbundling Rules
do not require Frontier to provide on an unbundled basis to TDSM, whether
TDS ID Final 07 10 19.docx 34
because the facility was never subject to an unbundling requirement under the
Federal Unbundling Rules, because the facility by operation of law has ceased or
ceases to be subject to an unbundling requirement under the Federal Unbundling
Rules, or otherwise.
2.37 Digital Signal Level 0 (DS0).
The 64 Kilobits per second (kbps) zero-level signal in the time-division multiplex
hierarchy.
2.38 Digital Signal Level 1 (DS1).
The 1.544 Megabits per second (Mbps) first-level signal in the time-division
multiplex hierarchy.
2.39 DS1 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 1.544 Mbps.
2.40 Digital Signal Level 3 (DS3).
The 44.736 Mbps third-level signal in the time-division multiplex hierarchy.
2.41 DS3 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 44.736 Mbps.
2.42 DS3 Loop.
A digital transmission channel, between the main distribution frame (or its
equivalent) in an end user’s serving UNE Wire Center and the demarcation point
at the end user customer's premises, suitable for the transport of isochronous
bipolar serial data at a rate of 44.736 Mbps (the equivalent of 28 DS1 channels).
This Loop type is more fully described in Frontier TR 72575, as revised from time
to time. A DS3 Loop requires the electronics necessary to provide the DS3
transmission rate.
2.43 End Office.
A switching entity that is used for connecting lines to lines or lines to trunks for
the purpose of originating/terminating calls. Sometimes this term is used to refer
to a telephone company building in which switching systems and telephone
equipment are installed.
2.44 End User.
The ultimate user or consumer of the telecommunications services being sold or
resold by either Party.

2.45 End User Location.
The physical location of the premises where an End User makes use of the
telecommunications services.

2.46 End User of Record.
TDS ID Final 07 10 19.docx 35
The entity responsible for placing orders or requests for service; requesting
additions, rearrangements, maintenance or discontinuance of service, and
making payment in full of charges incurred such as toll, directory assistance, etc.

2.47 Enhanced Services.
Refers to services, offered over common carrier transmission facilities, which
employ computer processing applications that act on the format, content, code,
protocol or similar aspects of the subscriber’s transmitted information; provide the
subscriber additional, different, or restructured information; or involve subscriber
interaction with stored information. In addition and without limiting the foregoing,
internet, information services, voicemail, and so-called “chat line” services are
Enhanced Services, of which the voice or TDM component both originates and
terminates within the local calling area as defined by Frontier’s tariffs. If the voice
or TDM component does not both originate and terminate within such local
calling area, the traffic shall not be covered by this Agreement and shall be
subject to interstate or intrastate access tariffs depending on the geographic
points of voice or TDM origination and termination.

2.48 Exchange Access.
Shall have the meaning set forth in the Act.
2.49 Exchange Message Interface (EMI).
Standard used for the interexchange of telecommunications message information
between telecommunications providers for billable, non-billable, sample,
settlement and study data. Data is provided between companies via a unique
record layout that contains Customer billing information, account summary and
tracking analysis. EMI format is contained in ATIS/OBF-EMI—016, an Alliance
Telecommunications Industry Solutions (ATIS) document, which defines industry
standards for exchange message records. SR-320 published by ATIS.Extended
Local Calling Scope Arrangement.
An arrangement that provides a Customer a local calling scope (Extended Area
Service, “EAS”), outside of the Customer’s basic exchange serving area.
Extended Local Calling Scope Arrangements may be either optional or non-
optional. “Optional Extended Local Calling Scope Arrangement Traffic” is traffic
that under an optional Extended Local Calling Scope Arrangement chosen by the
Customer terminates outside of the Customer’s basic exchange serving area.
2.50 FCC.
The Federal Communications Commission.
2.51 FCC Internet Orders.
The following FCC orders: (a) Order on Remand and Report and Order, In the
Matter of Implementation of the Local Competition Provisions in the
Telecommunications Act of 1996, Intercarrier Compensation for ISP Bound
Traffic, FCC 01-131, CC Docket Nos. 96-98 and 99-68, 16 FCC Rcd 9151
(adopted April 18, 2001) (hereinafter the “April 18, 2001 FCC Internet Order”);
and, (b) Order on Remand and Report and Order and Further Notice of Proposed
Rulemaking, In the Matter of High-Cost Universal Service Support; Federal-State
Joint Board on Universal Service; Lifeline and Link Up; Universal Service
Contribution Methodology; Numbering Resource Optimization; Implementation of
TDS ID Final 07 10 19.docx 36
the Local Competition Provisions in the Telecommunications Act of 1996;
Developing a Unified Intercarrier Compensation Regime; Intercarrier
Compensation for ISP-Bound Traffic; IP-Enabled Services, FCC 08-262, CC
Docket Nos. 96-45, 96-98, 99-68, 99-200, 01-92, WC Docket Nos. 03-109, 04-
36, 05-337, 06-122 (adopted November 5, 2008) (hereinafter the “November 5,
2008 FCC Internet Order”).
2.52 FCC Regulations.
The unstayed, effective regulations promulgated by the FCC, as amended from
time to time.
2.53 Federal Unbundling Rules.
Any lawful requirement to provide access to unbundled Network Elements or
Combinations of unbundled Network Elements that is imposed upon Frontier by
the FCC pursuant to both 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Any
reference in this Agreement to "Federal Unbundling Rules" shall not include an
unbundling requirement if the unbundling requirement does not exist under both
47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51.
2.54 Feeder.
The fiber optic cable (lit or unlit) or metallic portion of a Loop between a serving
End Office and a remote terminal or feeder/distribution interface.
2.55 FNID (Fiber Network Interface Device).
A passive fiber optic demarcation unit designed for the interconnection and
demarcation of optical fibers between two separate network providers.
2.56 FTTP Loop.
A Loop consisting entirely of fiber optic cable, whether dark or lit, that extends
from the main distribution frame (or its equivalent) in an end user’s serving End
Office to the demarcation point at the end user’s customer premises or to a
serving area interface at which the fiber optic cable connects to copper or coaxial
distribution facilities that extend to the end user's customer premises
demarcation point, provided that all copper or coaxial distribution facilities
extending from such serving area interface are not more than 500 feet from the
demarcation point at the respective end users' customer premises; provided,
however, that in the case of predominantly residential multiple dwelling units
(MDUs), an FTTP Loop is a Loop consisting entirely of fiber optic cable, whether
dark or lit, that extends from the main distribution frame (or its equivalent) in the
End Office that serves the multiunit premises: (a) to or beyond the multiunit
premises’ minimum point of entry (MPOE), as defined in 47 C.F.R. § 68.105; or
(b) to a serving area interface at which the fiber optic cable connects to copper or
coaxial distribution facilities that extend to or beyond the multiunit premises'
MPOE, provided that all copper or coaxial distribution facilities extending from
such serving area interface are not more than 500 feet from the MPOE at the
multiunit premises.
2.57 Hybrid Loop.
A Loop composed of both fiber optic cable and copper wire or cable. An FTTP
Loop is not a Hybrid Loop.
TDS ID Final 07 10 19.docx 37
2.58 IDLC (Integrated Digital Loop Carrier).
A subscriber Loop carrier system that integrates within the switch at a DS1 level,
which is twenty-four (24) Loop transmission paths combined into a 1.544 Mbps
digital signal.
2.59 ILEC (Incumbent Local Exchange Carrier).
Shall have the meaning set forth in the Act.
2.60 Information Access.
The provision of specialized exchange telecommunications services in
connection with the origination, termination, transmission, switching, forwarding
or routing of telecommunications traffic to or from the facilities of a provider of
information services, including a provider of Internet access or Internet
transmission services.
2.61 Inside Wire or Inside Wiring.
All wire, cable, terminals, hardware, and other equipment or materials, on the
Customer's side of the Rate Demarcation Point.
2.62 Interconnection.
Shall have the meaning set forth in the Act.

2.63 Interconnection Wire Center.
A building or portion thereof which serves as the premises for one or more End
Offices, Tandems and related facilities.
2.64 Internet Service Provider (ISP) Bound Traffic
Traffic delivered by a local exchange carrier, indirectly or directly, to a provider of
Internet Services, of which the voice or TDM component both originates and
terminates within the local calling area as defined by Frontier’s tariffs. If the voice
or TDM component does not both originate and terminate within such local
calling area, the traffic shall not be covered by this Agreement and shall be
subject to interstate or intrastate access tariffs depending on the geographic
points of voice or TDM origination and termination.
2.65 Internet Traffic.
Any traffic that is transmitted to or returned from the Internet at any point during
the duration of the transmission.
2.66 InterLATA.
Shall have the meaning set forth in the Act.
2.67 IntraLATA.
Telecommunications that originate and terminate within the same LATA.
2.68 Integrated Services Digital Network (ISDN).
TDS ID Final 07 10 19.docx 38
A switched network service providing 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 (2) 64 kbps bearer channels and
one (1) 16 kbps data and signaling channel (2B+D). Primary Rate Interface-
ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23) 64 kbps
bearer channels and one (1) 64 kbps data and signaling channel (23B+D).
2.69 Interexchange Carrier (IXC).
A Telecommunications Carrier that provides, directly or indirectly, InterLATA or
IntraLATA Telephone Toll Services.
2.70 LIDB (Line Information Data Base).
Line Information databases which provide, among other things, calling card
validation functionality for telephone line number cards issued by Frontier and
other entities and validation data for collect and third number-billed calls (e.g.,
data for billed number screening).
2.71 Local Access and Transport Area (LATA).
Shall have the meaning set forth in the Act.
2.72 Local Exchange Carrier (LEC).
Shall have the meaning set forth in the Act.
2.73 Local Exchange Routing Guide (LERG).
A Telcordia Technologies reference document used by carriers to identify
NPA/NXX routing and homing information as well as network element and
equipment designations.
2.74 Local Service Provider Guide (the “Guide”).
The document provided to TDSM by Frontier, included by reference herein,
which outlines the process and procedures for ordering and maintaining carrier
services. This document may be updated from time to time by Frontier. This
document is to be used as reference only and is not a part of this agreement.

2.75 Local Service Request (LSR).
An industry standard form, which contains data elements and usage rules, used
by the Parties to establish, add, change or disconnect resold
Telecommunications Services and Network Elements.Local Traffic.
Refers to calls originated by one Party’s End Users and terminated to the other
Party’s End Users within the local exchange area or extended area service toll
free calling area as defined in Frontier’s tariffs. Local calls must be actually
originated by and actually terminated to parties physically located within the
same local calling area regardless of the NXX assigned to the calling and called
parties.
2.76 Loop.
A transmission path that extends from a Main Distribution Frame or functionally
comparable piece of equipment in a Customer's serving End Office, to the Rate
Demarcation Point (or NID if installed at the Rate Demarcation Point) in or at the
Customer's premises. The actual transmission facilities used to provide a Loop
TDS ID Final 07 10 19.docx 39
may utilize any of several technologies.
2.77 Main Distribution Frame (MDF).
The primary point at which outside plant facilities terminate within an
Interconnection Wire Center, for interconnection to other Telecommunications
facilities within the Interconnection Wire Center. The distribution frame used to
interconnect cable pairs and line trunk equipment terminals of a switching
system.
2.78 Maintenance Control Office.
Either Party’s center responsible for control of the maintenance and repair of a
circuit.
2.79 Manhole.
An underground enclosure where conduit(s) are terminated and which provides
ready access to conduit system.
2.80 Measured Internet Traffic.
Dial-up, switched Internet Traffic originated by a Customer of one Party on that
Party’s network at a point in a Frontier local calling area, and delivered to a
Customer or an Internet Service Provider served by the other Party, on that other
Party’s network at a point in the same Frontier local calling area. Frontier local
calling areas shall be as defined by Frontier. For the purposes of this definition,
a Frontier local calling area includes a Frontier non-optional Extended Local
Calling Scope Arrangement, but does not include a Frontier optional Extended
Local Calling Scope Arrangement. Calls originated on a 1+ presubscription
basis, or on a casual dialed (10XXX/101XXXX) basis, are not considered
Measured Internet Traffic. For the avoidance of any doubt, Virtual Foreign
Exchange Traffic (i.e., V/FX Traffic) (as defined in the Interconnection
Attachment) does not constitute Measured Internet Traffic.
2.81 Mobile Wireless Services.
Any mobile wireless Telecommunications Service, including any commercial
mobile radio service.
2.82 Multiple Exchange Carrier Access Billing (MECAB).
A 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 ATIS. The MECAB document, published by ATIS as “ATIS/OBF-
MECAB”, as revised from time to time, contains the recommended guidelines for
the billing of an Exchange Access Service provided by two or more LECs, or by
one LEC in two or more states, within a single LATA.
2.83 Multiple Exchange Carriers Ordering and Design (MECOD) Guidelines for
Access Services - Industry Support Interface).
2.84 A document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of ATIS. The MECOD
document, published by ATIS as “ATIS/OBF-MECOD”, as revised from time to
TDS ID Final 07 10 19.docx 40
time, establishes methods for processing orders for Exchange Access Service
that is to be provided by two or more LECs.
2.85 Network Element.
Shall have the meaning stated in the Act.
2.86 Network Interface Device (NID).
The NID contains an FCC Part 68 registered jack from which Inside Wire at the
End User location may be connected to Frontier’s network.
2.87 North American Numbering Plan (NANP).
The system of telephone numbering employed in the United States, Canada,
Bermuda, Puerto Rico and certain Caribbean islands. The NANP format is a 10-
digit number that consist of a 3-digit NPA Code (commonly referred to as the
area code), followed by a 3-digit NXX Code and 4 digit line number.
2.88 9-1-1/E9-1-1 Call(s).
Call(s) made by the TDSM end user by dialing the three digit telephone number
“9-1-1” to facilitate the reporting of an emergency requiring response by a public
safety agency.
2.89 9-1-1/E9-1-1 Service Provider.
An entity authorized to provide 9-1-1/E9-1-1 network and database services
within a particular jurisdiction.
2.90 Non-Revertive.
Where traffic is redirected to a protection line because of failure of a working line
and the working line is repaired, traffic will remain on the protection line until
there is either manual intervention or a failure of the protection line.
2.91 Numbering Plan Area (NPA).
Also sometimes referred to as an area code, is the first three-digit indicator of
each 10-digit telephone number within the NANP. There are two general
categories of NPA, "Geographic NPAs" and "Non-Geographic NPAs". A
Geographic NPA is associated with a defined geographic area, and all telephone
numbers bearing such NPA are associated with services provided within that
geographic area. A Non-Geographic NPA, also known as a "Service Access
Code" or "SAC Code" is typically associated with a specialized
Telecommunications Service that may be provided across multiple geographic
NPA areas. 500, 700, 800, 888 and 900 are examples of Non-Geographic
NPAs.
2.92 NPA/NXX.
The NPA followed by the NXX (i.e.the first six digits of a ten-digit telephone
number).

2.93 NXX, NXX Code, or Central Office Code.
The three-digit switch entity indicator (i.e. the first three digits of a seven-digit
TDS ID Final 07 10 19.docx 41
telephone number).
2.94 Order.
An order or application to provide, change or terminate a Service (including, but
not limited to, a commitment to purchase a stated number or minimum number of
lines or other Services for a stated period or minimum period of time).
2.95 Originating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice
BR-010-200-010.
2.96 Other Carriers
Any person, corporation, or other legal entity other than TDSM herein, to whom
Frontier has extended or hereafter shall extend an authorization to occupy its
Central Office(s) or conduit system(s).
2.97 Percent Interstate Usage (PIU).
For traffic exchanged via Interconnection Trunks, a percentage calculated by
dividing the number of minutes of interstate traffic (excluding Measured Internet
Traffic) by the total number of minutes of interstate and intrastate traffic.
([Interstate Traffic Total Minutes of Use {excluding Measured Internet Traffic
Total Minutes of Use} ÷ {Interstate Traffic Total Minutes of Use + Intrastate Traffic
Total Minutes of Use}] x 100).
2.98 Percent Local Usage (PLU).
For traffic exchanged via Interconnection Trunks, a percentage calculated by
dividing the combined total number of minutes of Reciprocal Compensation
Traffic and Measured Internet Traffic by the combined total number of minutes of
intrastate traffic and Measured Internet Traffic. ([{Reciprocal Compensation
Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes of Use} ÷
{Intrastate Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes
of Use}] x 100).
2.99 Point of Interconnection (POI).
The physical location where the Parties' respective facilities physically
interconnect for the purpose of mutually exchanging their traffic. As set forth in
the Interconnection Attachment, a Point of Interconnection shall be at (i) a
technically feasible point on Frontier’s network in a LATA and/or (ii) a fiber meet
point to which the Parties mutually agree under the terms of this Agreement. By
way of example, a technically feasible Point of Interconnection on Frontier’s
network in a LATA would include an applicable Frontier Tandem Interconnection
Wire Center or Frontier End Office Interconnection Wire Center but,
notwithstanding any other provision of this Agreement or otherwise, would not
include a TDSM Interconnection Wire Center, TDSM switch or any portion of a
transport facility provided by Frontier to TDSM or another party between (x) a
Frontier Interconnection Wire Center or switch and (y) the Interconnection Wire
Center or switch of TDSM or another party.
2.100 Primary Reference Source.
TDS ID Final 07 10 19.docx 42
Equipment that provides a timing signal to synchronize network elements.
2.101 Principal Document.
This document, including, but not limited to, the Title Page, the Table of
Contents, the Preface, the General Terms and Conditions, the signature page,
this Glossary, the Attachments, and the Appendices to the Attachments.
2.102 Providing Party.
A Party offering or providing a Service to the other Party under this Agreement.
2.103 PSAP.
Public Safety Answering Point.
2.104 Purchasing Party.
A Party requesting or receiving a Service from the other Party under this
Agreement.
2.105 Qualifying UNE.
An unbundled Network Element or a combination of unbundled Network
Elements obtained, pursuant to the Federal Unbundling Rules, under this
Agreement or a Frontier UNE Tariff.
2.106 Qualifying Wholesale Services.
Wholesale services obtained from Frontier under a Frontier access Tariff or a
separate wholesale agreement.
2.107 Rate Center Area.
The geographic area that has been identified by a given LEC as being
associated with a particular NPA-NXX code assigned to the LEC for its provision
of Telephone Exchange Services. The Rate Center Area is the exclusive
geographic area that the LEC has identified as the area within which it will
provide Telephone Exchange Services bearing the particular NPA-NXX
designation associated with the specific Rate Center Area.
2.108 Rate Center Point.
A specific geographic point, defined by a V&H coordinate, located within the Rate
Center Area and used to measure distance for the purpose of billing for distance-
sensitive Telephone Exchange Services and Toll Traffic. Pursuant to Telcordia
Practice BR-795-100-100, the Rate Center Point may be an End Office location,
or a "LEC Consortium Point of Interconnection".
2.109 Rate Demarcation Point.
The physical point in a Frontier provided network facility at which Frontier's
responsibility for maintaining that network facility ends and the Customer's
responsibility for maintaining the remainder of the facility begins, as set forth in
this Agreement, Frontier's applicable Tariffs, if any, or as otherwise prescribed
under Applicable Law.
TDS ID Final 07 10 19.docx 43
2.110 Reciprocal Compensation.
The arrangement for recovering, in accordance with Section 251(b)(5) of the Act,
the FCC Internet Orders, applicable FCC orders/FCC Regulations and the
USF/ICC Transformation Order, costs incurred for the transport and termination
of Reciprocal Compensation Traffic originating on one Party’s network and
terminating on the other Party’s network (as set forth in Section 7 of the
Interconnection Attachment).
2.111 Reciprocal Compensation Traffic.
Telecommunications traffic originated by a Customer of one Party on that Party’s
network and terminated to a Customer of the other Party on that other Party’s
network, except for Telecommunications traffic that is interstate or intrastate
Exchange Access, Information Access, or exchange services for Exchange
Access or Information Access. The determination of whether
Telecommunications traffic is Exchange Access or Information Access shall be
based upon Frontier’s local calling areas as defined by Frontier. Reciprocal
Compensation Traffic does not include the following traffic (it being understood
that certain traffic types will fall into more than one (1) of the categories below
that do not constitute Reciprocal Compensation Traffic): (1) any Internet Traffic;
(2) traffic that does not originate and terminate within the same Frontier local
calling area as defined by Frontier, and based on the actual originating and
terminating points of the complete end-to-end communication; (3) Toll Traffic,
including, but not limited to, calls originated on a 1+ presubscription basis, or on
a casual dialed (10XXX/101XXXX) basis; (4) Optional Extended Local Calling
Scope Arrangement Traffic; (5) special access, private line, Frame Relay, ATM,
or any other traffic that is not switched by the terminating Party; (6) Transit
Service; (7) Voice Information Service Traffic (as defined in Section 4 of the
Additional Services Attachment); or, (8) Virtual Foreign Exchange Traffic (or V/FX
Traffic) (as defined in the Interconnection Attachment). For the purposes of this
definition, a Frontier local calling area includes a Frontier non-optional Extended
Local Calling Scope Arrangement, but does not include a Frontier optional
Extended Local Calling Scope Arrangement.
2.112 Routing Point.
A specific geographic point identified by a specific V&H coordinate. The Routing
Point is used to route inbound traffic to specified NPA-NXXs. The Routing Point
must be located within the LATA in which the corresponding NPA-NXX is
located. However, the Routing Point associated with each NPA-NXX need not
be the same as the corresponding Rate Center Point, nor must it be located
within the corresponding Rate Center Area, nor must there be a unique and
separate Routing Point corresponding to each unique and separate Rate Center
Area.
2.113 Service.
Any Interconnection arrangement, Network Element, Telecommunications
Service, collocation arrangement, or other service, facility or arrangement,
offered by a Party under this Agreement.
2.114 Space.
For the purposes of this agreement Space shall refer to either partitioned (caged)
or unpartitioned space (cageless), unless specified otherwise and mutually
TDS ID Final 07 10 19.docx 44
agreed upon. An enclosed secure area, designated by Frontier within a Frontier
Central Office, of a size and dimension specified by the Carrier and agreed to by
Frontier. Partitioned Space is subject to a minimum size requirement of one-
hundred (100) square feet of assignable space or such lesser amount agreed to
by both parties. Frontier shall design and construct at Carrier's expense, subject
to Carrier's pre-approval of the price, a cage or room to establish a clear division
between Frontier's and Carrier's area, and for purposes of securing the space for
the Carrier's equipment. Un-partitioned space will have a minimum size of one
equipment bay, which shall be deemed the equivalent of 15 sq. feet.
2.115 SS7 (Signaling System 7).
The common channel out-of-band signaling protocol developed by the
Consultative Committee for International Telephone and Telegraph (CCITT) and
the American National Standards Institute (ANSI). Frontier and TDSM utilize this
out-of-band signaling protocol in relation to their routing and completion of traffic.
2.116 Sub-Loop Distribution Facility.
A two-wire or four-wire metallic distribution facility in Frontier’s network between
a Frontier feeder distribution interface ("FDI") and the Rate Demarcation Point for
such facility (or NID if the NID is located at such Rate Demarcation Point).
2.117 Switched Exchange Access Service.
The offering of transmission and switching services for the purpose of the
origination or termination of Toll Traffic. Switched Exchange Access Services
include but may not be limited to: Feature Group A, Feature Group B, Feature
Group D, 700 access, 800 access, 888 access and 900 access.
2.118 Tandem.
A switching entity that has billing and recording capabilities and is used to
connect and switch trunk circuits between and among End Offices and between
and among End Offices and carriers' aggregation points, points of termination, or
points of presence, and to provide Switched Exchange Access Services.
Sometimes this term is used to refer to a telephone company building in which
switching systems and telephone equipment are installed.
2.119 Tariff.
2.119.1 Any applicable Federal or state tariff of a Party, as amended from time
to time; or
2.119.2 Any standard agreement or other document, as amended from time to
time, that sets forth the generally available terms, conditions and
prices under which a Party offers a Service.
The term “Tariff” does not include any Frontier Statement of Generally Available
Terms (SGAT) which has been approved or is pending approval by the
Commission pursuant to Section 252(f) of the Act.
2.120 Telcordia Technologies.
Telcordia Technologies, Inc., formerly known as Bell Communications Research,
Inc. (Bellcore).
TDS ID Final 07 10 19.docx 45
2.121 Telecommunications Carrier.
Shall have the meaning set forth in the Act.
2.122 Telecommunications Services.
Shall have the meaning set forth in the Act.
2.123 Telephone Exchange Service.
Shall have the meaning set forth in the Act.
2.124 Terminating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice
BR-010-200-010.
2.125 Third Party Claim.
A Claim where there is (a) a claim, demand, suit or action by a person who is not
a Party, (b) a settlement with, judgment by, or liability to, a person who is not a
Party, or (c) a fine or penalty imposed by a person who is not a Party.
2.126 Toll Traffic.
Traffic that is originated by a Customer of one Party on that Party’s network and
terminates to a Customer of the other Party on that other Party’s network and is
not Reciprocal Compensation Traffic, Measured Internet Traffic, or Ancillary
Traffic. Toll Traffic may be either “IntraLATA Toll Traffic” or “InterLATA Toll
Traffic”, depending on whether the originating and terminating points are within
the same LATA.
2.127 Toxic or Hazardous Substance.
Any substance designated or defined as toxic or hazardous under any
“Environmental Law” or that poses a risk to human health or safety, or the
environment, and products and materials containing such substance.
“Environmental Laws” means the Comprehensive Environmental Response,
Compensation, and Liability Act, the Emergency Planning and Community Right-
to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the
Toxic Substances Control Act, the Resource Conservation and Recovery Act, the
Occupational Safety and Health Act, and all other Federal, State or local laws or
governmental regulations or requirements, that are similar to the above-
referenced laws or that otherwise govern releases, chemicals, products,
materials or wastes that may pose risks to human health or safety, or the
environment, or that relate to the protection of wetlands or other natural
resources.
2.128 Transit Service.
The delivery of certain traffic between TDSM and a third party ILEC, CLEC or
CMRS provider by Frontier through Frontier’s tandem. The following traffic
types will be delivered: (I) Local Traffic originated from TDSM to such third-party
and (ii) Local Traffic originated from such third-party to Frontier’s tandem and
terminated to TDSM. Transit Service is only provided where Frontier has a
tandem.

TDS ID Final 07 10 19.docx 46
2.129 Triennial Review Remand Order (TRRO).
The FCC's Order on Remand in WC Docket No. 04-313 and CC Docket No.
01-338, released on February 4, 2005.
2.130 Trunk Side.
A Central Office Switch connection that is capable of, and has been programmed
to treat the circuit as, connecting to another switching entity, for example, to
another carrier’s network. Trunk side connections offer those transmission and
signaling features appropriate for the connection of switching entities and cannot
be used for the direct connection of ordinary telephone station sets.
2.131 Unbundled Local Loop.
The transmission path from Frontier MDF, or its equivalent, up to and including
the Frontier Network Interface Device (NID) at End User premises.
2.132 Universal Digital Loop Carrier (UDLC).
UDLC arrangements consist of a Central Office Terminal and a Remote Terminal
located in the outside plant or at a Customer premises. The Central Office and
the Remote Terminal units perform analog to digital conversions to allow the
feeding facility to be digital. UDLC is deployed where the types of services to be
provisioned by the systems cannot be integrated such as non-switched services
and UNE Loops.
2.133 UNE Wire Center.
Shall have the same meaning as "Wire Center" set forth in 47 C.F.R. § 51.5.
2.134 V&H Coordinate.
A method of computing airline miles between two points by utilizing an
established formula that is based on the vertical and horizontal coordinates of the
two points.
2.135 Voice Grade.
Either an analog signal of 300 to 3000 Hz or a digital signal of 56-64 kbps. When
referring to digital Voice Grade service (a 56-64 kbps channel), the terms "DS0"
or "sub-DS1" may also be used.
2.136 Wire Center.
Shall have the same meaning as "Wire Center" set forth in 47 C.F.R. § 51.5.
2.137 xDSL.
As defined and offered in this Agreement. The small “x” before the letters DSL
signifies reference to DSL as a generic transmission technology, as opposed to a
specific DSL “flavor”.
TDS ID Final 07 10 19.docx 47
ADDITIONAL SERVICES ATTACHMENT
1. Alternate Billed Calls
1.1 The Parties will engage in settlements of intraLATA intrastate alternate-
billed calls (e.g., collect, calling card, and third-party billed calls) originated
or authorized by their respective Customers in accordance with an
arrangement mutually agreed to by the Parties.
2. Dialing Parity - Section 251(b)(3)
Each Party shall provide the other Party with nondiscriminatory access to such services
and information as are necessary to allow the other Party to implement local Dialing
Parity in accordance with the requirements of Section 251(b)(3) of the Act.
3. Directory Listing and Distribution Services
To the extent required by Applicable Law, Frontier will provide directory services to
TDSM. Such services will be provided in accordance with the terms set forth herein.
3.1 TDSM agrees to provide to Frontier or its publisher, as specified by Frontier,
all commercial subscriber list information (including additions, changes and
deletions) for TDSM’s Commercial End Users and those of any resellers of
TDSM services for their commercial End Users, located within Frontier’s
operating areas at no charge to Frontier. It is the responsibility of TDSM to
submit directory listings in the prescribed manner to Frontier prior to the
directory listing publication cut-off date, which is posted at
https://wholesale.frontier.com/wholesale/ under Directory Services then
Publication Schedule.
3.2 Frontier will include TDSM's commercial End User primary listings and such
consumer End User primary listings that Frontier purchases from TDSM in
the appropriate sections of its telephone directories (residence and business
listings). Listings of TDSM's End Users will be inter-filed with listings of
Frontier’s End Users and the End Users of other LECs, in the local section
of Frontier's directories.
3.3 TDSM will identify any of these subscribers that are “non-published” End
Users. TDSM will provide Frontier with the directory information for
submitted End Users in the format specified in the job aids which are posted
at https://wholesale.frontier.com/wholesale/ under Directory Services then
Directory Listing Training/Job Aids. Submitted subscriber list information
will include the End User’s name, address, telephone number, appropriate
classified heading and all other pertinent data elements as requested by
Frontier including ACNA/CIC or CLCC/OCN, as appropriate with each order,
to enable Frontier the ability to identify listing ownership. TDSM will provide
all commercial subscriber listings at no charge to Frontier or its publisher.
Frontier may, at its request, purchase consumer subscriber listings from
TDSM at the rate of $0.04 per listing.
3.4 This Section Intentionally Left Blank
3.5 TDSM is responsible for all listing questions and contacts with its End Users
including but not limited to queries, complaints, account maintenance,
privacy requirements and services. TDSM will provide Frontier with
appropriate internal contact information to fulfill these requirements.
TDS ID Final 07 10 19.docx 48
3.6 Frontier will accord TDSM directory listing information the same level of
confidentiality, which Frontier accords its own directory listing information.
3.7 Frontier will distribute its telephone directories to TDSM's End Users in a
manner similar to the way it provides those functions for its own End Users
in Frontier’s service territory.
3.8 TDSM will adhere to all practices, standards, and ethical requirements of
Frontier with regard to listings, and, by providing Frontier with listing
information, warrants to Frontier that TDSM has the right to place such
listings on behalf of its End Users. TDSM agrees that it will undertake
commercially practicable and reasonable steps to attempt to ensure that
any business or person, to be listed, is authorized and has the right to
provide the product or service offered, and to use any personal or corporate
name, trade name, or language used in the listing. TDSM shall be solely
responsible for knowing and adhering to state laws or rulings regarding
listing information and for supplying Frontier with applicable listing
information. In addition, TDSM agrees to release, defend, hold harmless
and indemnify Frontier from and against any and all claims, losses,
damages, suits, or other actions, or any liability whatsoever, suffered, made,
instituted, or asserted by any person arising out of Frontier’s listing of the
information provided by TDSM hereunder.
3.9 Frontier’s liability to TDSM in the event of a Frontier error in or omission of a
listing will not exceed the amount of charges actually paid by TDSM for such
listing. In addition, TDSM agrees to take, with respect to its own End Users,
all reasonable steps to ensure that its' and Frontier’s liability to TDSM's End
Users in the event of a Frontier error in or omission of a listing will be
subject to the same limitations that Frontier's liability to its own End Users
are subject to.
4. Voice Information Service Traffic
4.1 For purposes of this Section 4, (a) Voice Information Service means a service
that provides (i) recorded voice announcement information or (ii) a vocal
discussion program open to the public, and (b) Voice Information Service Traffic
means intraLATA switched voice traffic, delivered to a Voice Information Service.
Voice Information Service Traffic does not include any form of Internet Traffic.
Voice Information Service Traffic also does not include 555 traffic or similar traffic
with AIN service interfaces, which traffic shall be subject to separate
arrangements between the Parties. Voice Information Service Traffic is not
subject to Reciprocal Compensation charges under Section 7 of the
Interconnection Attachment.
4.2 If a TDSM Customer is served by resold Frontier dial tone line
Telecommunications Service, to the extent reasonably feasible, Frontier will route
Voice Information Service Traffic originating from such Service to the appropriate
Voice Information Service connected to Frontier’s network unless a feature
blocking such Voice Information Service Traffic has been installed. For such
Voice Information Service Traffic, TDSM shall pay to Frontier without discount
any Voice Information Service provider charges billed by Frontier to TDSM.
TDSM shall pay Frontier such charges in full regardless of whether or not TDSM
collects such charges from its Customer.
4.3 TDSM shall have the option to route Voice Information Service Traffic that
originates on its own network to the appropriate Voice Information Service
connected to Frontier’s network. In the event TDSM exercises such option,
TDS ID Final 07 10 19.docx 49
TDSM will establish, at its own expense, a dedicated trunk group to the Frontier
Voice Information Service serving switch. This trunk group will be utilized to
allow TDSM to route Voice Information Service Traffic originated on its network
to Frontier. For such Voice Information Service Traffic, unless TDSM has
entered into a written agreement with Frontier under which TDSM will collect
from TDSM’s Customer and remit to Frontier the Voice Information Service
provider’s charges, TDSM shall pay to Frontier without discount any Voice
Information Service provider charges billed by Frontier to TDSM. TDSM shall
pay Frontier such charges in full regardless of whether or not TDSM collects
such charges from its own Customer.
5. Transfer of Service (Excluding Resale)
5.1 Coordination of Transfer of Service. To serve the public interest of End
Users, the Parties agree that, when an End User transfers service from one
Party to the other Party, it is necessary for the Parties to coordinate the
timing for disconnection from one Party and connection with the other Party
so that transferring End Users are not without service for any extended
period of time. Other coordinated activities associated with transfer of
service will be coordinated between the Parties to ensure quality services to
the public.
5.2 Procedures for Coordinated Transfer of Service Activities. The Parties
agree to establish mutually acceptable, reasonable, and efficient transfer of
service procedures that utilize the industry standard LSR format for the
exchange of necessary information for coordination of service transfers
between the Parties. Frontier may describe some of these procedures in its
Guide. Reference to Frontier Guide is for convenience of the Parties and is
not intended to be a part of or to affect the meaning of this Agreement,
including, but not limited to, provisions with respect to implementation of the
cooperative coordination of transfer of service activities described herein. If
any provision contained in this Agreement and the Guide cannot be
reasonably construed or interpreted to avoid conflict, the provision
contained in this Agreement shall apply.
5.3 Coordinated Transfer of Service Activities. There will be no premium
charges between the Parties or compensation provided by one Party to the
other Party for the coordinated transfer of service activities between the
hours of 8:00 a.m. and 5:00 p.m. Monday - Friday excluding holidays.
Frontier may charge TDSM for the coordinated transfer of service activities
scheduled outside of the specified hours in accordance with Frontier’s tariff.
5.4 Letter of Authorization. Each Party is responsible for obtaining a Letter of
Authorization (LOA) from each End User initiating transfer of service from
one Party to the other Party if necessary. The Party obtaining the LOA from
the End User will furnish it to the other Party upon request. The Party
obtaining the LOA is required to maintain the original document, for a
minimum of twenty-four (24) months from the date of signature. If there is a
conflict between an End User and TDSM regarding the disconnection or
provision of services, Frontier will honor the latest dated Letter of
Authorization. If the End User’s service has not been disconnected and
services have not yet been established, TDSM will be responsible to pay the
applicable service order charge for any order it has placed. If the End
User’s service has been disconnected and the End User’s service is to be
restored with Frontier, TDSM will be responsible to pay the applicable
nonrecurring charges as set forth in Frontier applicable tariff to restore the
End User’s prior service with Frontier.
TDS ID Final 07 10 19.docx 50
5.5 Transfer of Service Announcement. Where an End User changes service
from one Party to the other Party and the End User does not retain his or
her original telephone number, the Party formerly providing service to the
End User will provide a transfer of service announcement, where transfer of
service announcement capability is available, on the vacated telephone
number. This announcement will provide details regarding the new number
that must be dialed to reach this End User. The service announcement will
be provided, where available, by the Party formerly providing service to the
extent and at the price specified in the applicable Frontier tariff.
5.6 Disconnect and Coordination of Number Portability for Service Transfers
without Change of Number. When an End User changes service from one
Party to the other Party and the End User retains his or her original
telephone number(s), the Party from which the End User is transferring will
honor requests for disconnection and local number portability, where
available, from the Party to which the End User is transferring. The Party to
which the End User is transferring will provide the other Party the End
User’s name, address, current telephone number, and the Location Routing
Number (LRN) for LNP, and the date service should be transferred using
the industry standard LSR format. With LNP, the Parties will coordinate the
disconnection, the connection, and number portability activities in
accordance with the North American Numbering Council (NANC) flows.
5.7 Combined Transfer of Service Requests. Each Party will accept transfer of
service requests from the other Party for one End User that includes
multiple requests for transfers where the End User will retain one or more
telephone numbers.
5.8 Bulk Requests for Transfer of Service. From time to time, either Party may
benefit from the transfer of service for groups. The Parties agree to process
bulk transfer of service requests for End Users having the same billing
account number.
5.9 Access to the Network Interface Device (NID). Each Party will allow the
other Party access to the End User side of the NID consistent with FCC
rules. The Party to which the End User is transferring service may move all
inside wire from the other Party’s existing NID to one provided by the Party
to which the End User is transferring service. Where a NID is of the type
which provides for End User access to one side of the NID, the Party to
which the End User is transferring service may elect to remove the inside
wire at the connection(s) within the End User side of the NID. Where a NID
is of an older type not allowing access to the End User side of the NID, the
Party to which the End User is transferring service must make a clean cut of
the inside wire at the closest point to the NID.
5.10 Expedited Order Charge. Expedited order requests will be accepted where
reasonable and practical but will be assessed an expedited order charge.
The expedited order charges are listed in Attachment 7, Pricing.
5.11 Service Date Modifications/ Carrier Not Ready. TDSM may request a
change in due date at least 24 hours prior to the originally scheduled due
date. Supplemental charges will apply when a request for a new due date is
received after the LSR has been confirmed via firm order commitment
(FOC). Supplemental order charges are listed in Attachment 7, Pricing.
Alternate workforce is required when an increase in the complexity of the
service order results in a higher per hour rate. If the new service date is
changed to an earlier date, than expedited order charges will apply. If the
TDS ID Final 07 10 19.docx 51
request for modification to the service date occurs within twenty-four (24)
hours of the scheduled due date, TDSM will be subject to charges for work
and labor-related expenses already completed. If the due date change is
requested due to a class of service change, additional and/or alternate
workforce may be required and associated charges will apply. These
charges will apply on a per occurrence basis.
5. Originating Line Number Screening (OLNS)
Upon TDSM’s request, Frontier will update its database used to provide originating line
number screening (the database of information which indicates to an operator the
acceptable billing methods for calls originating from the calling number (e.g., penal
institutions, COCOTS).
6. Operations Support Systems (OSS) Services
6.1 Frontier Operations Support Systems (OSS): Frontier systems for pre-
ordering, ordering/provisioning, trouble reporting, maintenance, and billing.
Frontier provides various systems and online tools to assist with ordering
services and viewing account activities. For access, go to
https://wholesale.frontier.com/wholesale/ under Getting Started and
Systems/Online Tools.
6.2 Frontier OSS Services: Access to Frontier OSS functions. The term
“Frontier OSS Services” includes, but is not limited to: (a) Frontier’s
provision of TDSM Usage Information to TDSM pursuant to Section 6.6 of
this Attachment; and, (b) “Frontier OSS Information”, as defined in Section
6.4 of this Attachment.
6.2.1 Upon request by TDSM, Frontier shall provide to TDSM Frontier
OSS Services. Such Frontier OSS Services will be provided in
accordance with, but only to the extent required by, Applicable
Law.
6.2.2 Subject to the requirements of Applicable Law, Frontier Operations
Support Systems, Frontier OSS functions, Frontier OSS Facilities,
Frontier OSS Information, and the Frontier OSS Services that will
be offered by Frontier, shall be as determined by Frontier. Subject
to the requirements of Applicable Law, Frontier shall have the right
to change Frontier Operations Support Systems, Frontier OSS
functions, Frontier OSS Facilities, Frontier OSS Information, and
the Frontier OSS Services, from time-to-time, without the consent
of TDSM.
6.2.3 To the extent required by Applicable Law, in providing Frontier
OSS Services to TDSM, Frontier will comply with Frontier’s
applicable OSS Change Management Process, as modified from
time-to-time, including, but not limited to, the provisions related
notification of changes in Frontier OSS Services. Frontier’s OSS
Change Management Process can be found at
https://wholesale.frontier.com/wholesale/ under OSS Interface
Change Management.
6.3 Access to and Use of Frontier OSS Facilities: Frontier OSS Facilities are
any gateways, interfaces, databases, facilities, equipment, software, or
systems, used by Frontier to provide Frontier OSS Services to TDSM.
TDS ID Final 07 10 19.docx 52
6.3.1 Frontier OSS Facilities may be accessed and used by TDSM only
to the extent necessary for TDSM’s access to and use of Frontier
OSS Services pursuant to this Agreement.
6.3.2 Frontier OSS Facilities may be accessed and used by TDSM only
to provide Telecommunications Services to TDSM Customers.
6.3.3 TDSM shall restrict access to and use of Frontier OSS Facilities to
TDSM. This Section 6 does not grant to TDSM any right or license
to grant sublicenses to other persons, or permission to other
persons (except TDSM’s employees, agents and contractors, in
accordance with Section 6.3.7 of this Attachment), to access or
use Frontier OSS Facilities.
6.3.4 TDSM shall not (a) alter, modify or damage the Frontier OSS
Facilities (including, but not limited to, Frontier software), (b) copy,
remove, derive, reverse engineer, or decompile, software from the
Frontier OSS Facilities, or (c) obtain access through Frontier OSS
Facilities to Frontier databases, facilities, equipment, software, or
systems, which are not offered for TDSM’s use under this Section
6.
6.3.5 TDSM shall comply with all practices and procedures established
by Frontier for access to and use of Frontier OSS Facilities
(including, but not limited to, Frontier practices and procedures
with regard to security and use of access and user identification
codes).
6.3.6 All practices and procedures for access to and use of Frontier OSS
Facilities, and all access and user identification codes for Frontier
OSS Facilities: (a) shall remain the property of Frontier; (b) shall
be used by TDSM only in connection with TDSM’s use of Frontier
OSS Facilities permitted by this Section 6; (c) shall be treated by
TDSM as Confidential Information of Frontier pursuant to Section
10 of the General Terms and Conditions; and, (d) shall be
destroyed or returned by TDSM to Frontier upon the earlier of
request by Frontier or the expiration or termination of this
Agreement.
6.3.7 TDSM’s employees, agents and contractors may access and use
Frontier OSS Facilities only to the extent necessary for TDSM’s
access to and use of the Frontier OSS Facilities permitted by this
Agreement. Any access to or use of Frontier OSS Facilities by
TDSM’s employees, agents, or contractors, shall be subject to the
provisions of this Agreement, including, but not limited to, Section
10 of the General Terms and Conditions and Section 6.4.3.2 of this
Attachment.
6.4 Frontier OSS Information: Any information accessed by, or disclosed or
provided to, TDSM through or as a part of Frontier OSS Services. The term
“Frontier OSS Information” includes, but is not limited to: (a) any Customer
Information related to a Frontier Customer or a TDSM Customer accessed
by, or disclosed or provided to, TDSM through or as a part of Frontier OSS
Services; and, (b) any TDSM Usage Information (as defined in Section 6.6
of this Attachment) accessed by, or disclosed or provided to, TDSM.
TDS ID Final 07 10 19.docx 53
6.4.1 Subject to the provisions of this Section 6, in accordance with, but
only to the extent required by, Applicable Law, Frontier grants to
TDSM a non-exclusive license to use Frontier OSS Information.
6.4.2 All Frontier OSS Information shall at all times remain the property
of Frontier. Except as expressly stated in this Section 6, TDSM
shall acquire no rights in or to any Frontier OSS Information.
6.4.3 The provisions of this Section 6.4.3 shall apply to all Frontier OSS
Information, except (a) TDSM Usage Information, (b) CPNI of
TDSM, and (c) CPNI of a Frontier Customer or a TDSM Customer,
to the extent the Customer has authorized TDSM to use the CPNI.
6.4.3.1 Frontier OSS Information may be accessed and used
by TDSM only to provide Telecommunications Services
to TDSM Customers.
6.4.3.2 TDSM shall treat Frontier OSS Information that is
designated by Frontier, through written or electronic
notice (including, but not limited to, through the Frontier
OSS Services), as “Confidential” or “Proprietary” as
Confidential Information of Frontier pursuant to Section
10 of the General Terms and Conditions.
6.4.3.3 Except as expressly stated in this Section 6, this
Agreement does not grant to TDSM any right or license
to grant sublicenses to other persons, or permission to
other persons (except TDSM’s employees, agents or
contractors, in accordance with Section 6.4.3.4 of this
Attachment), to access, use or disclose Frontier OSS
Information.
6.4.3.4 TDSM’s employees, agents and contractors may
access, use and disclose Frontier OSS Information only
to the extent necessary for TDSM’s access to, and use
and disclosure of, Frontier OSS Information permitted
by this Section 6. Any access to, or use or disclosure
of, Frontier OSS Information by TDSM’s employees,
agents or contractors, shall be subject to the provisions
of this Agreement, including, but not limited to, Section
10 of the General Terms and Conditions of this
Attachment.
6.4.3.5 TDSM’s license to use Frontier OSS Information shall
expire upon the earliest of: (a) the time when the
Frontier OSS Information is no longer needed by TDSM
to provide Telecommunications Services to TDSM
Customers; (b) termination of the license in accordance
with this Section 6; or (c) expiration or termination of
this Agreement.
6.4.3.6 All Frontier OSS Information received by TDSM shall be
destroyed or returned by TDSM to Frontier, upon
expiration, suspension or termination of the license to
use such Frontier OSS Information.
TDS ID Final 07 10 19.docx 54
6.4.4 Unless sooner terminated or suspended in accordance with this
Agreement or this Section 6 (including, but not limited to, Section
2.2 of the General Terms and Conditions Section of this
Agreement), TDSM’s access to Frontier OSS Information through
Frontier OSS Services shall terminate upon the expiration or
termination of this Agreement.
6.4.5 Audits.
6.4.5.1 Frontier shall have the right (but not the obligation) to
audit TDSM to ascertain whether TDSM is complying
with the requirements of Applicable Law and this
Agreement with regard to TDSM’s access to, and use
and disclosure of, Frontier OSS Information.
6.4.5.2 Without in any way limiting any other rights Frontier
may have under this Agreement or Applicable Law,
Frontier shall have the right (but not the obligation) to
monitor TDSM’s access to and use of Frontier OSS
Information which is made available by Frontier to
TDSM pursuant to this Agreement, to ascertain whether
TDSM is complying with the requirements of Applicable
Law and this Agreement, with regard to TDSM ’s
access to, and use and disclosure of, such Frontier
OSS Information. The foregoing right shall include, but
not be limited to, the right (but not the obligation) to
electronically monitor TDSM’s access to and use of
Frontier OSS Information which is made available by
Frontier to TDSM through Frontier OSS Facilities.
6.4.5.3 Information obtained by Frontier pursuant to this
Section 6.4.5 shall be treated by Frontier as
Confidential Information of TDSM pursuant to Section
10 of the General Terms and Conditions; provided that,
Frontier shall have the right (but not the obligation) to
use and disclose information obtained by Frontier
pursuant to Section 6.4.5 of this Attachment to enforce
Frontier’s rights under this Agreement or Applicable
Law.
6.4.6 TDSM acknowledges that the Frontier OSS Information, by its
nature, is updated and corrected on a continuous basis by Frontier,
and therefore that Frontier OSS Information is subject to change
from time to time.
6.5 Frontier Retail Telecommunications Service: Any Telecommunications
Service that Frontier provides at retail to subscribers that are not
Telecommunications Carriers. The term “Frontier Retail
Telecommunications Service” does not include any Exchange Access
service (as defined in Section 3(16) of the Act, 47 U.S.C. § 153(16))
provided by Frontier.
6.6 TDSM Usage Information: For a Frontier Retail Telecommunications
Service purchased by TDSM pursuant to the Resale Attachment, the usage
information that Frontier would record if Frontier was furnishing such
Frontier Retail Telecommunications Service to a Frontier end-user retail
Customer.
TDS ID Final 07 10 19.docx 55
6.6.1 Upon request by TDSM, Frontier shall provide to TDSM TDSM
Usage Information. Such TDSM Usage Information will be
provided in accordance with, but only to the extent required by,
Applicable Law.
6.6.2 TDSM Usage Information will be available to TDSM through
Network Data Mover (NDM) or other such media as mutually
agreed by both Parties.
6.6.3 TDSM Usage Information will be provided in an ATIS EMI format.
6.6.4 Except as stated in this Section 6.6, subject to the requirements of
Applicable Law, the manner in which, and the frequency with
which, TDSM Usage Information will be provided to TDSM shall be
determined by Frontier.
6.7 Customer Information: CPNI of a Customer and any other non-public,
individually identifiable information about a Customer or the purchase by a
Customer of the services or products of a Party.
6.8 Liabilities and Remedies.
6.8.1 Any breach by TDSM, or TDSM’s employees, agents or
contractors, of the provisions of Sections 6.3 or 6.4 of this
Attachment shall be deemed a material breach of this Agreement.
In addition, if TDSM an employee, agent or contractor of TDSM at
any time breaches a provision of Sections 6.3 or 6.4 of this
Attachment and such breach continues for more than ten (10) days
after written notice thereof from then, except as otherwise required
by Applicable Law, Frontier shall have the right, upon notice to
TDSM, to suspend the license to use Frontier OSS Information
granted by Section 6.4.1 of this Attachment and/or the provision of
Frontier OSS Services, in whole or in part.
6.8.2 TDSM agrees that Frontier would be irreparably injured by a
breach of Sections 6.3 or 6.4 of this Attachment by TDSM or the
employees, agents or contractors of TDSM, and that Frontier shall
be entitled to seek equitable relief, including injunctive relief and
specific performance, in the event of any such breach. Such
remedies shall not be deemed to be the exclusive remedies for any
such breach, but shall be in addition to any other remedies
available under this Agreement or at law or in equity.
6.9 Relation to Applicable Law.
6.9.1 The provisions of Sections 6.3, 6.4 or 6.8 of this Attachment with
regard to the confidentiality of information shall be in addition to
and not in derogation of any provisions of Applicable Law with
regard to the confidentiality of information, including, but not limited
to, 47 U.S.C. § 222, and are not intended to constitute a waiver by
Frontier of any right with regard to protection of the confidentiality
of the information of Frontier or Frontier Customers provided by
Applicable Law.
6.10 Cooperation.
TDS ID Final 07 10 19.docx 56
6.10.1 TDSM, at TDSM’s expense, shall reasonably cooperate with
Frontier in using Frontier OSS Services. Such cooperation shall
include, but not be limited to, the following:
6.10.2 Upon request by Frontier, TDSM shall by no later than the fifteenth
(15th) day of the last month of each Calendar Quarter submit to
Frontier reasonable, good faith estimates of the volume of each
type of OSS transaction that TDSM anticipates submitting in each
week of the next Calendar Quarter.
6.10.3 TDSM shall reasonably cooperate with Frontier in submitting
orders for Frontier Services and otherwise using the Frontier OSS
Services, in order to avoid exceeding the capacity or capabilities of
such Frontier OSS Services.
6.10.4 TDSM shall participate in cooperative testing of Frontier OSS
Services and shall provide assistance to Frontier in identifying and
correcting mistakes, omissions, interruptions, delays, errors,
defects, faults, failures, or other deficiencies, in Frontier OSS
Services.
6.11 Frontier Access to Information Related to TDSM Customers.
6.11.1 Frontier shall have the right to access, use and disclose
information related to TDSM Customers that is in Frontier’s
possession (including, but not limited to, in Frontier OSS Facilities)
to the extent such access, use and/or disclosure has been
authorized by the TDSM Customer in the manner required by
Applicable Law.
6.11.2 Upon request by Frontier, TDSM shall negotiate in good faith and
enter into a contract with Frontier, pursuant to which Frontier may
obtain access to TDSM’s operations support systems (including,
systems for pre-ordering, ordering, provisioning, maintenance and
repair, and billing) and information contained in such systems, to
permit Frontier to obtain information related to TDSM Customers
(as authorized by the applicable TDSM Customer), to permit
Customers to transfer service from one Telecommunications
Carrier to another, and for such other purposes as may be
permitted by Applicable Law.
6.12 Cancellations.
6.12.1 Frontier may cancel orders for service which have had no activity
within thirty-one (31) consecutive calendar days after the original
service due date.
7. Poles, Ducts, Conduits and Rights-of-Way
7.1 Frontier shall afford TDSM non-discriminatory access to poles, ducts,
conduits and rights-of-way owned or controlled by Frontier. Such access
shall be provided in accordance with, but only to the extent required by,
Applicable Law, pursuant to Frontier’s applicable Tariffs, or, in the absence
of an applicable Frontier Tariff, Frontier’s generally offered form of license
agreement, or, in the absence of such a Tariff and license agreement, a
mutually acceptable agreement to be negotiated by the Parties.
TDS ID Final 07 10 19.docx 57
7.2 TDSM shall afford Frontier non-discriminatory access to poles, ducts,
conduits and rights-of-way owned or controlled by TDSM. Such access
shall be provided pursuant to TDSM’s applicable Tariffs, or, in the absence
of an applicable TDSM Tariff, TDSM’s generally offered form of license
agreement, or, in the absence of such a Tariff and license agreement, a
mutually acceptable agreement to be negotiated by the Parties. The terms,
conditions and prices offered to Frontier by TDSM for such access shall be
no less favorable than the terms, conditions and prices offered to TDSM by
Frontier for access to poles, ducts, conduits and rights of way owned or
controlled by Frontier.
8. Telephone Numbers
8.1 This Section applies in connection with TDSM Customers served by
Telecommunications Services provided by Frontier to TDSM for resale.
Telephone numbers associated with Frontier’s retail Telecommunication
Services offered for resale are assigned to the service furnished. TDSM
has no property right to the telephone number or any other call number
designation associated with services furnished by Frontier, and no right to
the continuance of service through any particular central office.
8.2 TDSM’s use of telephone numbers shall be subject to Applicable Law and
the rules of the North American Numbering Council, the North American
Numbering Plan Administrator, the applicable provisions of this Agreement
(including, but not limited to, this Section 8), and Frontier’s practices and
procedures for use and assignment of telephone numbers, as amended
from time-to-time.
8.3 Subject to Sections 8.2 and 8.4 of this Attachment, if a Customer of either
Frontier or TDSM who is served by a Frontier Telecommunications Service
(“FTS”) changes the LEC that serves the Customer using such FTS
(including a change from Frontier to TDSM, from TDSM to Frontier, or from
TDSM to a LEC other than Frontier), after such change, the Customer may
continue to use with such FTS the telephone numbers that were assigned to
the FTS for the use of such Customer by Frontier immediately prior to the
change.
8.4 Frontier reserves the right to change such numbers, or the central office
designation associated with such numbers, or both, consistent with
telephone number conservation and administrative practices, such as NPA
splits, generally prevailing in the local exchange telecommunications
industry.
8.5 If service on a FTS provided by Frontier to TDSM under this Agreement is
terminated and the telephone numbers associated with such FTS have not
been ported to a TDSM switch, the telephone numbers shall be available for
reassignment by Frontier to any person to whom Frontier elects to assign
the telephone numbers, including, but not limited to, Frontier, Frontier
Customers, TDSM, or Telecommunications Carriers other than Frontier and
TDSM.
8.6 TDSM may reserve telephone numbers only to the extent Frontier’s
Customers may reserve telephone numbers.
9. Unauthorized Carrier Change Charges
TDS ID Final 07 10 19.docx 58
In the event either Party requests that the other Party install, provide, change, or
terminate a Customer’s Telecommunications Service (including, but not limited to, a
Customer’s selection of a primary Telephone Exchange Service Provider) without having
obtained authorization from the Customer for such installation, provision, selection,
change or termination in accordance with Applicable Laws, the requesting Party shall be
liable to the other Party for all charges that would be applicable to the Customer for the
initial change in the Customer’s Telecommunications Service and any charges for
restoring the Customer’s Telecommunications Service to its Customer-authorized
condition (all such charges together, the “Carrier Change Charges”), including to the
appropriate primary Telephone Exchange Service provider. Such Carrier Change
Charges may be assessed on the requesting Party by the other Party at any time after
the Customer is restored to its Customer-authorized condition.
10. Good Faith Performance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with TDSM reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilize the Agreement’s dispute resolution
procedures.
TDS ID Final 07 10 19.docx 59
INTERCONNECTION ATTACHMENT
1. Interconnection Trunking Arrangements
1.1 The Parties will interconnect their networks directly or indirectly as specified in
the terms and conditions contained herein. POIs set forth in this Attachment, may
be modified from time to time by either Party only with the written consent of the
other Party. Carrier will agree to establish each POI at a technically feasible point
on Frontier’s network in a LATA. By way of example, a technically feasible Point
of Interconnection on Frontier’s network in a LATA would include an applicable
Frontier Tandem Interconnection Wire Center or Frontier End Office
Interconnection Wire Center but, notwithstanding any other provision of this
Agreement or otherwise, would not include a TDSM Interconnection Wire Center,
TDSM switch or any portion of a transport facility provided by Frontier to TDSM
or another party between (x) a Frontier Interconnection Wire Center or switch
and (y) the Interconnection Wire Center or switch of TDSM or another party. For
brevity’s sake, the foregoing examples of locations that, respectively, are and are
not “on Frontier’s network” shall apply (and are hereby incorporated by
reference) each time the term “on Frontier’s network” is used in this Agreement.
2. Points of Interconnection and Trunk Types
2.1 Point(s) of Interconnection.
2.1.1 Each Party will be responsible for the engineering and construction of
its own network facilities on its side of the POI, however, should
Frontier be required to modify its network to accommodate the
Interconnection request made by TDSM, TDSM agrees to pay Frontier
reasonable charges for such modifications. If TDSM uses a third party
network to reach the POI, TDSM will bear all third party carrier
charges for facilities and traffic in both directions on its side of the POI.
2.2 Trunk Types.
2.2.1 In interconnecting their networks pursuant to this Attachment, the
Parties will use, as appropriate, the following separate and distinct
trunk groups:
2.2.1.1 Interconnection Trunks for the transmission and routing of
Reciprocal Compensation Traffic, translated LEC IntraLATA
toll free service access code (e.g., 800/888/877) traffic, and
IntraLATA Toll Traffic, between their respective Telephone
Exchange Service Customers, Transit Service, and,
Measured Internet Traffic, all in accordance with Sections 5
through 8 of this Attachment;
2.2.1.2 Access Toll Connecting Trunks for the transmission and
routing of Exchange Access traffic, including translated
InterLATA toll free service access code (e.g., 800/888/877)
traffic, between TDSM Telephone Exchange Service
Customers and purchasers of Switched Exchange Access
Service via a Frontier access Tandem in accordance with
Sections 9 through 11 of this Attachment; and
2.2.1.3 Miscellaneous Trunk Groups as mutually agreed to by the
Parties, including, but not limited to: (a) choke trunks for
TDS ID Final 07 10 19.docx 60
traffic congestion and testing; and, (b) untranslated
IntraLATA/InterLATA toll free service access code (e.g.
800/888/877) traffic.
2.2.1.4 For all FGD and un-queried 8YY traffic, originated by
TDSM, TDSM agrees to provide Frontier with applicable
meet point billing records.
2.2.2 Other types of trunk groups may be used by the Parties as provided in
other Attachments to this Agreement (e.g., 9-1-1/E9-1-1 Trunks) or in
other separate agreements between the Parties (e.g., directory
assistance trunks, operator services trunks, BLV/BLVI trunks or trunks
for 500/555 traffic).
2.2.2.1 Connecting TDSM’s switch to the applicable E9-1-1 routers.
If TDSM purchases such services from Frontier, they will be
provided at full applicable tariff rates. For all 9-1-1/E9-1-1
traffic originating from TDSM, it is the responsibility of
TDSM and the appropriate state or local public safety
answering agency to negotiate the manner in which
9-1-1/E9-1-1 traffic from TDSM will be processed.
2.2.3 TDSM shall establish, at the technically feasible Point(s) of
Interconnection on Frontier’s network in a LATA, separate
Interconnection Trunk group(s) between such POI(s) and each
Frontier Tandem in a LATA, if multiple tandems exist, with a
subtending End Office(s) to which TDSM originates calls for Frontier to
terminate.
2.2.4 The Parties mutually agree that all Interconnection facilities will be
sized according to mutual forecasts and sound engineering practice,
as mutually agreed to by the Parties. The Parties further agree that all
equipment and technical Interconnections will be in conformance with
all generally accepted industry standards with regard to facilities,
equipment, and services.
2.2.4.1 In the event the volume of traffic between a Frontier End
Office and a technically feasible Point of Interconnection on
Frontier’s network in a LATA, which is carried by a Final
Tandem Interconnection Trunk group, exceeds (a) the
Centum Call Seconds (Hundred Call Seconds) busy hour
equivalent of one (1) DS1 at any time; (b) 200,000 minutes
of use for a single month; and/or; (c) 600 busy hour Centum
Call Seconds (BHCCS) of use for a single month, TDSM
shall promptly submit an ASR to Frontier to establish new or
augment existing End Office Two-Way Interconnection
Trunk group(s) between that Frontier End Office and the
technically feasible Point of Interconnection on Frontier’s
network.
2.2.4.2 Except as otherwise agreed in writing by the Parties, the
total number of Tandem Interconnection Trunks between a
technically feasible Point of Interconnection on Frontier’s
network and a Frontier Tandem will be limited to a
maximum of 240 trunks. In the event that the volume of
traffic between a technically feasible Point of
Interconnection on Frontier’s network and a Frontier
TDS ID Final 07 10 19.docx 61
Tandem exceeds, or reasonably can be expected to
exceed, the capacity of the 240 trunks, TDSM shall
promptly submit an ASR to Frontier to establish new or
additional End Office Trunks to insure that the volume of
traffic between the technically feasible Point of
Interconnection on Frontier’s network and the Frontier
Tandem does not exceed the capacity of the 240 trunks.
2.3 Two-Way Interconnection Trunks.
2.3.1 Interconnection will be provided via two-way trunks. TDSM, at its own
expense, shall:
2.3.1.1 provide its own facilities to the technically feasible Point(s)
of Interconnection on Frontier’s network in a LATA; and/or
2.3.1.2 obtain transport to the technically feasible Point(s) of
Interconnection on Frontier’s network in a LATA (a) from a
third party, or, (b) if Frontier offers such transport pursuant
to a Frontier access Tariff, from Frontier.
2.3.2 Prior to establishing any Two-Way Interconnection Trunks, TDSM
shall meet with Frontier to conduct a joint planning meeting (“Joint
Planning Meeting”). At that Joint Planning Meeting, each Party shall
provide to the other Party originating Centum Call Seconds (Hundred
Call Seconds) information, and the Parties shall mutually agree on the
appropriate initial number of End Office and Tandem Two-Way
Interconnection Trunks and the interface specifications at the
technically feasible Point(s) of Interconnection on Frontier’s network in
a LATA at which the Parties interconnect for the exchange of traffic.
The mutually agreed upon technical and operational interfaces,
procedures, grade of service and performance standards for
Interconnection between the Parties will conform with all generally
accepted industry standards with regard to facilities, equipment, and
services. All Interconnection facilities and trunking will be ordered
using industry standard ASR as referenced at
https://wholesale.frontier.com/wholesale/ under Access Services, then
Access Reference Documents.
2.3.3 Where the Parties have agreed to convert existing One-Way
Interconnection Trunks to Two-Way Interconnection Trunks, at the
Joint Planning Meeting, the Parties shall also mutually agree on the
conversion process and project intervals for conversion of such One-
Way Interconnection Trunks to Two-Way Interconnection Trunks.
2.3.4 In addition to the forecasting requirements described in Section 14.2,
on a semi-annual basis, TDSM shall submit a good faith forecast to
Frontier of the number of End Office and Tandem Two-Way
Interconnection Trunks that TDSM anticipates Frontier will need to
provide during the ensuing two (2) year period for the exchange of
traffic between TDSM and Frontier. TDSM’s trunk forecasts shall
conform to the Frontier Trunk Forecast template at
https://wholesale.frontier.com/wholesale/ under Access Services, then
Access Reference Documents. Orders for trunks that exceed
forecasted quantities for forecasted locations will be accommodated
as facilities and/or equipment are available.
TDS ID Final 07 10 19.docx 62
2.3.4.1 The forecasts will include the number, type and capacity of
trunks as well as a description of major network projects
anticipated for the following six months. Major network
projects include trunking or network rearrangements, shifts
in anticipated traffic patterns, or other activities that are
reflected by a significant increase or decrease in trunking
demand for the following forecast period.
2.3.5 The Parties shall meet from time to time, as needed, to review data on
End Office and Tandem Two-Way Interconnection Trunks to
determine the need for new trunk groups and to plan any necessary
changes in the number of Two-Way Interconnection Trunks.
2.3.6 Two-Way Interconnection Trunks shall have SS7 Common Channel
Signaling. The Parties agree to utilize B8ZS and Extended Super
Frame (ESF) DS1 facilities, where available. For glare resolution,
Frontier will have priority on odd trunk group member circuit
identification codes, and TDSM will have priority on even trunk group
member circuit identification codes, unless otherwise mutually agreed.
2.3.7 With respect to End Office Two-Way Interconnection Trunks, both
Parties shall use an economic Centum Call Seconds (Hundred Call
Seconds) equal to five (5). Either Party may disconnect End Office
Two-Way Interconnection Trunks that, based on reasonable
engineering criteria and capacity constraints, are not warranted by the
actual traffic volume experienced.
2.3.8 Two-Way Interconnection Trunk groups that connect to a Frontier
access Tandem shall be engineered using a design blocking objective
of Neal-Wilkinson B.005 during the average time consistent busy hour.
Two-Way Interconnection Trunk groups that connect to a Frontier local
Tandem shall be engineered using a design blocking objective of
Neal-Wilkinson B.01 during the average time consistent busy hour.
Frontier and TDSM shall engineer Two-Way Interconnection Trunks
using Telcordia Notes on the Networks SR 2275 (formerly known as
BOC Notes on the LEC Networks SR-TSV-002275).
2.3.9 The performance standard for final Two-Way Interconnection Trunk
groups shall be that no such Interconnection Trunk group will exceed
its design blocking objective (B.005 or B.01, as applicable) for three
(3) consecutive calendar traffic study months.
2.3.10 TDSM shall determine and order the number of Two-Way
Interconnection Trunks that are required to meet the applicable design
blocking objective for all traffic carried on each Two-Way
Interconnection Trunk group. TDSM shall order Two-Way
Interconnection Trunks by submitting ASRs to Frontier setting forth the
number of Two-Way Interconnection Trunks to be installed and the
requested installation dates within Frontier’s effective standard
intervals or negotiated intervals, as appropriate. TDSM shall complete
ASRs in accordance with OBF Guidelines as in effect from time to
time.
2.3.11 Frontier may (but shall not be obligated to) monitor Two-Way
Interconnection Trunk groups using service results for the applicable
design blocking objective. If Frontier observes blocking in excess of
the applicable design objective on any Tandem Two-Way
TDS ID Final 07 10 19.docx 63
Interconnection Trunk group and TDSM has not notified Frontier that it
has corrected such blocking, Frontier may submit to TDSM a Trunk
Group Service Request directing TDSM to remedy the blocking. Upon
receipt of a Trunk Group Service Request, TDSM will complete an
ASR to establish or augment the End Office Two-Way Interconnection
Trunk group(s), or, if mutually agreed, to augment the Tandem Two-
Way Interconnection Trunk group with excessive blocking and submit
the ASR to Frontier within five (5) Business Days.
2.3.12 The Parties will review all Tandem Two-Way Interconnection Trunk
groups that reach a utilization level of seventy percent (70%), or
greater, to determine whether those groups should be augmented.
TDSM will promptly augment all Tandem Two-Way Interconnection
Trunk groups that reach a utilization level of eighty percent (80%) by
submitting ASRs for additional trunks sufficient to attain a utilization
level of approximately seventy percent (70%), unless the Parties agree
that additional trunking is not required. For each Tandem Two-Way
Interconnection Trunk group with a utilization level of less than sixty
percent (60%), unless the Parties agree otherwise, TDSM will
promptly submit ASRs to disconnect a sufficient number of
Interconnection Trunks to attain a utilization level of approximately
sixty percent (60%) for each respective group, unless the Parties
agree that the Two-Way Interconnection Trunks should not be
disconnected. In the event TDSM fails to submit an ASR for Two-Way
Interconnection Trunks in conformance with this Section, Frontier may
disconnect the excess Interconnection Trunks or bill (and TDSM shall
pay) for the excess Interconnection Trunks at the applicable Frontier
rates.
2.3.13 Because Frontier will not be in control of when and how many Two-
Way Interconnection Trunks are established between its network and
TDSM’s network, Frontier’s performance in connection with these
Two-Way Interconnection Trunk groups shall not be subject to any
performance measurements and remedies under this Agreement, and,
except as otherwise required by Applicable Law, under any FCC or
Commission approved carrier-to-carrier performance assurance
guidelines or plan.
2.3.14 TDSM will route its traffic to Frontier over the End Office and Tandem
Two-Way Interconnection Trunks in accordance with SR-TAP-000191,
including but not limited to those standards requiring that a call from
TDSM to a Frontier End Office will first be routed to the End Office
Interconnection Trunk group between TDSM and the Frontier End
Office.
3. Alternative Interconnection Arrangements
3.1 Fiber Meet Arrangement Provisions.
3.1.1 Each Party may request a Fiber Meet arrangement by providing
written notice thereof to the other Party if each of the following
conditions has been met: (a) the Parties have consistently been
exchanging an amount of applicable traffic (as set forth in Section
3.1.3 below) in the relevant exchanges equal to at least one (1) DS-3
and (b) neither TDSM nor any of TDSM’s affiliates has an overdue
balance on any bill rendered to TDSM or TDSM’s affiliates for charges
that are not subject to a good faith dispute. Any such Fiber Meet
TDS ID Final 07 10 19.docx 64
arrangement shall be subject to the terms of this Agreement. In
addition, the establishment of any Fiber Meet arrangement is
expressly conditioned upon the Parties mutually agreeing to the
technical specifications and requirements for such Fiber Meet
arrangement including, but not limited to, the location of the Fiber Meet
points, routing, equipment (e.g., specifications of Add/Drop
Multiplexers, number of strands of fiber, etc.), software, ordering,
provisioning, maintenance, repair, testing, augment and on any other
technical specifications or requirements necessary to implement the
Fiber Meet arrangement. For each Fiber Meet arrangement the
Parties agree to implement, the Parties will complete and sign a
Technical Specifications and Requirements document, the form of
which is attached hereto as Exhibit A to Section 3 of the
Interconnection Attachment Fiber Meet Arrangement Provisions. Each
such document will be treated as Confidential Information.
3.1.2 The Parties agree to consider the possibility of using existing fiber
cable with spare capacity, where available, to implement any such
request for a Fiber Meet arrangement. If existing fiber cable with
spare capacity is not available, the Parties agree to minimize the
construction and deployment of fiber cable necessary for any Fiber
Meet arrangement to which they agree. Except as otherwise agreed
by the Parties, any and all Fiber Meet points established between the
Parties shall extend no further than three (3) miles from an applicable
Frontier Tandem or End Office and Frontier shall not be required to
construct or deploy more than five hundred (500) feet of fiber cable for
a Fiber Meet arrangement.
3.1.3 A Fiber Meet arrangement established under this Agreement may be
used for the transmission and routing of only the following traffic types
(over the Interconnection Trunks):
3.1.3.1 Reciprocal Compensation Traffic between the Parties’
respective Telephone Exchange Service Customers;
3.1.3.2 Translated LEC IntraLATA toll free service access code
(e.g., 800/888/877) traffic between the Parties’ respective
Telephone Exchange Service Customers;
3.1.3.3 IntraLATA Toll Traffic between the Parties’ respective
Telephone Exchange Service Customers;
3.1.3.4 Tandem Transit Traffic; and
3.1.3.5 Measured Internet Traffic.
To the extent that a Fiber Meet arrangement established under this
Agreement is used for the transmission and routing of traffic of the
types set forth in Sections 3.1.3.1 and/or 3.1.3.5, other than the
obligation to pay intercarrier compensation charges pursuant to the
terms of the Agreement, neither Party shall have any obligation to pay
the other Party any charges in connection with any Fiber Meet
arrangements established under this Agreement. To the extent that a
Fiber Meet arrangement established under this Agreement is used for
the transmission and routing of traffic of the type set forth in Section
3.1.3.2, the transport and termination of such traffic shall be subject to
the rates and charges set forth in the Agreement and applicable
TDS ID Final 07 10 19.docx 65
Tariffs. To the extent that a Fiber Meet arrangement established
under this Agreement is used for the transmission and routing of traffic
of the type set forth in Section 3.1.3.3, the Party originating such traffic
shall compensate the terminating Party for the transport and
termination of such traffic at the rates and charges set forth in the
Agreement and applicable Tariffs. To the extent that a Fiber Meet
arrangement established under this Agreement is used for the
transmission and routing of traffic of the type set forth in Section
3.1.3.4, Frontier shall charge (and TDSM shall pay) Frontier’s
applicable rates and charges as set forth in the Agreement and
Frontier’s applicable Tariffs, including transport charges to the
terminating Frontier Tandem.
3.1.4 At TDSM’s written request, a Fiber Meet arrangement established
under this Agreement may be used for the transmission and routing of
the following traffic types over the following trunk types:
3.1.4.1 Operator services traffic from TDSM’s Telephone Exchange
Service Customers to an operator services provider over
operator services trunks;
3.1.4.2 Directory assistance traffic from TDSM’s Telephone
Exchange Service Customers to a directory assistance
provider over directory assistance trunks;
3.1.4.3 9-1-1 traffic from TDSM’s Telephone Exchange Service
Customers to Tandem Office(s)/Selective Router(s) over
9-1-1/E9-1-1 trunks; and
3.1.4.4 Jointly-provided Switched Exchange Access Service traffic,
including translated InterLATA toll free service access code
(e.g., 800/888/877) traffic, between TDSM’s Telephone
Exchange Service Customers and third-party purchasers of
Switched Exchange Access Service via a Frontier access
Tandem over Access Toll Connecting Trunks.
3.1.5 To the extent that a Fiber Meet arrangement established under this
Agreement is used for the transmission and routing of any traffic of the
types set forth in this Section 3.1.4 Frontier may bill (and TDSM shall
pay) Frontier’s applicable Tariff rates and charges. Except as
otherwise agreed in writing by the Parties or as expressly set forth in
Sections 3.1.3 and/or 3.1.4 of this Interconnection Attachment, access
services (switched and unswitched) and unbundled network elements
shall not be provisioned on or accessed through Fiber Meet
arrangements. TDSM will include traffic to be exchanged over Fiber
Meet arrangements in its forecasts provided to Frontier under the
Agreement.
4. Initiating Interconnection
4.1 If TDSM determines to offer Telephone Exchange Services and to interconnect
with Frontier in any LATA in which Frontier also offers Telephone Exchange
Services and in which the Parties are not already interconnected pursuant to this
Agreement, TDSM shall provide written notice to Frontier.
4.2 The notice provided in Section 4.1 of this Attachment shall include (a) the initial
Routing Point(s); (b) the applicable technically feasible Point(s) of
TDS ID Final 07 10 19.docx 66
Interconnection on Frontier’s network to be established in the relevant LATA in
accordance with this Agreement; (c) TDSM’s intended Interconnection activation
date; (d) a forecast of TDSM’s trunking requirements conforming to Section 14.2
of this Attachment; and (e) such other information as Frontier shall reasonably
request in order to facilitate Interconnection.
4.3 The interconnection activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Frontier of all necessary information as indicated
above. Within ten (10) Business Days of Frontier’s receipt of TDSM’s notice
provided for in Section 4.1 of this Attachment, Frontier and TDSM shall confirm
the technically feasible Point of Interconnection on Frontier’s network in the new
LATA and the mutually agreed upon Interconnection activation date for the new
LATA.
5. Transmission and Routing of Telephone Exchange Service Traffic
5.1 Scope of Traffic.
Section 5 prescribes parameters for Interconnection Trunks used for
Interconnection pursuant to Sections 2 through 4 of this Attachment.
5.2 Trunk Group Connections and Ordering.
5.2.1 For Interconnection Trunks, if TDSM wishes to use a technically
feasible interface other than a DS1 or a DS3 facility at the POI, the
Parties shall negotiate reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such
arrangement; and, if the Parties cannot agree to such terms and
conditions (including, without limitation, rates and implementation
timeframes), either Party may utilize the Agreement’s dispute
resolution procedures.
5.2.2 When Interconnection Trunks are provisioned using a DS3 interface
facility, if TDSM orders the multiplexed DS3 facilities to a Frontier
Central Office that is not designated in the NECA 4 Tariff as the
appropriate Intermediate Hub location (i.e., the Intermediate Hub
location in the appropriate Tandem subtending area based on the
LERG), and the provision of such facilities to the subject Central Office
is technically feasible, the Parties shall negotiate in good faith
reasonable terms and conditions (including, without limitation, rates
and implementation timeframes) for such arrangement; and, if the
Parties cannot agree to such terms and conditions (including, without
limitation, rates and implementation timeframes), either Party may
utilize the Agreement’s dispute resolution procedures.
5.2.3 Each Party will identify its Carrier Identification Code, a three or four
digit numeric code obtained from Telcordia, to the other Party when
ordering a trunk group.
5.2.4 For multi-frequency (MF) signaling each Party will out pulse ten (10)
digits to the other Party, unless the Parties mutually agree otherwise.
5.2.5 Each Party will use commercially reasonable efforts to monitor trunk
groups under its control and to augment those groups using generally
accepted trunk-engineering standards so as to not exceed blocking
objectives. Each Party agrees to use modular trunk-engineering
techniques for trunks subject to this Attachment.
TDS ID Final 07 10 19.docx 67
5.3 Switching System Hierarchy and Trunking Requirements.
For purposes of routing TDSM traffic to Frontier, the subtending arrangements
between Frontier Tandems and Frontier End Offices shall be the same as the
Tandem/End Office subtending arrangements Frontier maintains for the routing
of its own or other carriers’ traffic (i.e., traffic will be routed to the appropriate
Frontier Tandem subtended by the terminating End Office serving the Frontier
Customer). For purposes of routing Frontier traffic to TDSM, the subtending
arrangements between TDSM Tandems and TDSM End Offices shall be the
same as the Tandem/End Office subtending arrangements that TDSM maintains
for the routing of its own or other carriers’ traffic.
5.4 Signaling.
5.4.1 Each Party will provide the other Party with access to its databases and
associated signaling necessary for the routing and completion of the
other Party’s traffic in accordance with the provisions of this Agreement
and any applicable Tariff.

5.4.2 Each Party shall have the capability to exchange signaling messages to
facilitate full interoperability of all SS7 or other signaling features, as
applicable.
5.4.3 The Parties shall cooperate fully and shall use commercially reasonable
efforts to obtain cooperation from any underlying carrier in the
downstream/egress call processing in investigating any issues relating to
the processing or delivery of call signaling information.
5.5 Grades of Service.
The Parties shall initially engineer and shall monitor and augment all trunk
groups consistent with the Joint Process as set forth in Section 14.1 of this
Attachment.
5.6 Call Routing Restrictions.

Neither Party shall deliver back to any switched service provided by the
originating Party any call delivered by the originating Party to the other Party
under this Agreement. To the extent call looping or other technical issues arise,
the Parties shall use commercially reasonable efforts to resolve such issues in an
expeditious manner.

5.7 Abnormal Traffic Patterns.

When either Party detects that the other Party is generating traffic or call
attempts with duplicate, or repeated, numbers dialed in succession and/or
abnormally short duration calls, such Party may give notice to the other Party and
both Parties shall use commercially reasonable efforts to resolve such issue in
an expeditious manner. Each Party reserves the right to take action to protect
the integrity of its network.

6. Traffic Measurement and Billing over Interconnection Trunks
6.1 For billing purposes, each Party shall pass Calling Party Number (CPN)
information on at least ninety-five percent (95%) of calls carried over the
Interconnection Trunks.
TDS ID Final 07 10 19.docx 68
6.1.1 As used in this Section 6, “Traffic Rate” means the applicable
Reciprocal Compensation Traffic rate, Measured Internet Traffic rate,
intrastate Switched Exchange Access Service rate, interstate Switched
Exchange Access Service rate, or intrastate/interstate Transit Service
rate, as provided in the Pricing Attachment, an applicable Tariff, or, for
Measured Internet Traffic, the FCC Internet Orders.
6.1.2 If the originating Party passes CPN on ninety-five percent (95%) or
more of its calls, the receiving Party shall bill the originating Party the
Traffic Rate applicable to each relevant minute of traffic for which CPN
is passed. For any remaining (up to 5%) calls without CPN
information, the receiving Party shall bill the originating Party for such
traffic at the Traffic Rate applicable to each relevant minute of traffic, in
direct proportion to the minutes of use of calls passed with CPN
information.
6.1.3 If the originating Party passes CPN on less than ninety-five percent
(95%) of its calls and the originating Party chooses to combine
Reciprocal Compensation Traffic and Toll Traffic on the same trunk
group, the receiving Party shall bill the higher of its interstate Switched
Exchange Access Service rates or its intrastate Switched Exchange
Access Services rates for all traffic that is passed without CPN, unless
the Parties agree that other rates should apply to such traffic.
6.2 At such time as a receiving Party has the capability, on an automated basis, to
use such CPN to classify traffic delivered over Interconnection Trunks by the
other Party by Traffic Rate type (e.g., Reciprocal Compensation Traffic/Measured
Internet Traffic, intrastate Switched Exchange Access Service, interstate
Switched Exchange Access Service, or intrastate/interstate Transit Service),
such receiving Party shall bill the originating Party the Traffic Rate applicable to
each relevant minute of traffic for which CPN is passed. If the receiving Party
lacks the capability, on an automated basis, to use CPN information on an
automated basis to classify traffic delivered by the other Party by Traffic Rate
type, the originating Party will supply PIU and PLU factors. The PIU and PLU
factors shall be supplied in writing by the originating Party within thirty (30) days
of the Effective Date and shall be updated in writing by the originating Party
quarterly. Measurement of billing minutes for purposes of determining
terminating compensation shall be in conversation seconds (the time in seconds
that the Parties equipment is used for a completed call, measured from the
receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originating toll free service access code (e.g.,
800/888/877) calls shall be in accordance with applicable Tariffs. Determination
as to whether traffic is Reciprocal Compensation Traffic or Measured Internet
Traffic shall be made in accordance with Paragraphs 8 and 79, and other
applicable provisions, of the April 18, 2001 FCC Internet Order (including, but not
limited to, in accordance with the rebuttable presumption established by the April
18, 2001 FCC Internet Order that traffic delivered to a carrier that exceeds a 3:1
ratio of terminating to originating traffic is Measured Internet Traffic, and in
accordance with the process established by the April 18, 2001 FCC Internet
Order for rebutting such presumption before the Commission), as modified by the
November 5, 2008 FCC Internet Order and other applicable FCC orders and
FCC Regulations.
6.3 Each Party reserves the right to audit all Traffic, up to a maximum of two audits
per Calendar Year, to ensure that rates are being applied appropriately;
provided, however, that either Party shall have the right to conduct additional
TDS ID Final 07 10 19.docx 69
audit(s) if the preceding audit disclosed material errors or discrepancies. Each
Party agrees to provide the necessary Traffic data in conjunction with any such
audit in a timely manner.
6.4 Nothing in this Agreement shall be construed to limit either Party’s ability to
designate the areas within which that Party’s Customers may make calls which
that Party rates as “local” in its Customer Tariffs.
6.5 If and, to the extent that, a TDSM Customer receives V/FX Traffic, TDSM shall
promptly provide notice thereof to Frontier (such notice to include, without
limitation, the specific telephone number(s) that the Customer uses for V/FX
Traffic, as well as the LATA in which the Customer’s station is actually physically
located) and shall not bill Frontier Reciprocal Compensation, intercarrier
compensation or any other charges for calls placed by Frontier’s Customers to
such TDSM Customers.
7. Reciprocal Compensation for the Transport and Termination of Interchanged
Traffic
7.1 Reciprocal Compensation. The Parties agree to exchange Reciprocal
Compensation traffic on a bill and keep basis in accordance with the USF/ICC
Transformation Order as such order may be revised, reconsidered, modified or
changed in the future. For clarity, Reciprocal compensation rates were reduced
to zero, effective July 1, 2018 pursuant to the FCC’s Reform Timeline as outlined
in paragraph 801 of FCC 11-161, or as such Reform Timeline may be revised,
reconsidered, modified or changed in the future.
7.2 Traffic Not Subject to Reciprocal Compensation.
7.2.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffic (i.e., V/FX Traffic), Information Access, or exchange
services for Exchange Access or Information Access.
7.2.2 Reciprocal Compensation shall not apply to Internet Traffic.
7.2.3 Reciprocal Compensation shall not apply to Toll Traffic, including, but
not limited to, calls originated on a 1+ presubscription basis, or on a
casual dialed (10XXX/101XXXX) basis.
7.2.4 Reciprocal Compensation shall not apply to Optional Extended Local
Calling Scope Arrangement Traffic.
7.2.5 Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Party.
7.2.6 Reciprocal Compensation shall not apply to Transit Service.
7.2.7 Reciprocal Compensation shall not apply to Voice Information Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
7.2.8 Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251(b)(5) of the Act.
7.2.9 This Section Intentionally Left Blank
8. Other Types of Traffic
TDS ID Final 07 10 19.docx 70
8.1 Notwithstanding any other provision of this Agreement or any Tariff: (a) the
Parties’ rights and obligations with respect to any intercarrier compensation that
may be due in connection with their exchange of Internet Traffic shall be
governed by the terms of the FCC Internet Orders and other applicable FCC
orders and FCC Regulations; and, (b) a Party shall not be obligated to pay any
intercarrier compensation for Internet Traffic that is in excess of the intercarrier
compensation for Internet Traffic that such Party is required to pay under the
FCC Internet Orders and other applicable FCC orders and FCC Regulations.
8.1.1 For the avoidance of doubt, VOIP Traffic exchanged pursuant to this
Agreement will be governed by the default provisions of USF/ICC
Transformation Order FCC 11-161 (rel. November 18, 2011) as such
order may be revised, reconsidered, modified or changed in the future.
When such revisions, reconsiderations, modifications or changes are
effective, such provisions shall be automatically incorporated into this
Agreement. For clarity, and subject to any future revisions,
reconsiderations, modifications or changes in the USF/ICC
Transformation Order, interexchange VoIP traffic terminated to either
Party is subject to access charges based on the appropriate access
tariff, and local VoIP traffic terminated to either Party is subject to the
reciprocal compensation provisions of this Agreement. The Parties
agree access charges will comply with all FCC mirroring and default
phase-down requirements
8.2 Subject to Section 8.1 of this Attachment, interstate and intrastate Exchange
Access, Information Access, exchange services for Exchange Access or
Information Access, and Toll Traffic, shall be governed by the applicable
provisions of this Agreement and applicable Tariffs.
8.3 For any traffic originating with a third party carrier and delivered by TDSM to
Frontier, TDSM shall pay Frontier the same amount that such third party carrier
would have been obligated to pay Frontier for termination of that traffic at the
location the traffic is delivered to Frontier by TDSM.
8.4 Any traffic not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic, and Applicable Law.
8.5 The Parties may also exchange Internet Traffic at the technically feasible Point(s)
of Interconnection on Frontier’s network in a LATA established hereunder for the
exchange of Reciprocal Compensation Traffic. Any intercarrier compensation
that may be due in connection with the Parties’ exchange of Internet Traffic shall
be applied at such technically feasible Point of Interconnection on Frontier’s
network in a LATA in accordance with the FCC Internet Orders and other
applicable FCC orders and FCC Regulations.
9. Transmission and Routing of Exchange Access Traffic
9.1 Scope of Traffic.
Section 9 prescribes parameters for certain trunks to be established over the
Interconnections specified in Sections 2 through 5 of this Attachment for the
transmission and routing of traffic between TDSM Telephone Exchange Service
Customers and Interexchange Carriers (“Access Toll Connecting Trunks”), in any
case where TDSM elects to have its End Office Switch subtend a Frontier
Tandem. This includes casually-dialed (1010XXX and 101XXXX) traffic.
TDS ID Final 07 10 19.docx 71
9.2 Access Toll Connecting Trunk Group Architecture.
9.2.1 If TDSM chooses to have its NPA/NXX Code subtend a Frontier
access Tandem, TDSM’s NPA/NXX must be assigned by TDSM to a
Rate Center Area that Frontier has associated with such Frontier
access Tandem.
9.2.2 TDSM shall establish Access Toll Connecting Trunks pursuant to
applicable access Tariffs by which it will provide Switched Exchange
Access Services to Interexchange Carriers to enable such
Interexchange Carriers to originate and terminate traffic to and from
TDSM’s Customers.
9.2.3 The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Office TDSM utilizes to provide
Telephone Exchange Service and Switched Exchange Access to its
Customers in a given LATA to the access Tandem(s) Frontier utilizes
to provide Exchange Access in such LATA. This only applies if
multiple tandems in one LATA exist.
9.2.4 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow TDSM’s
Customers to connect to or be connected to the interexchange trunks
of any Interexchange Carrier which is connected to a Frontier access
Tandem.
10. Meet-Point Billing (MPB) Arrangements
10.1 TDSM and Frontier will establish MPB arrangements in order to provide a
common transport option to Switched Exchange Access Services customers via
a Frontier access Tandem Switch in accordance with the MPB guidelines
contained in the OBF’s MECAB and MECOD documents, except as modified
herein, and in Frontier’s applicable Tariffs. The arrangements described in this
Section 10 are intended to be used to provide Switched Exchange Access
Service where the transport component of the Switched Exchange Access
Service is routed through an access Tandem Switch that is provided by Frontier.
10.2 In each LATA, the Parties shall establish MPB arrangements for the applicable
TDSM Routing Point/Frontier Serving Interconnection Wire Center combinations.
10.3 Interconnection for the MPB arrangement shall occur at a Frontier access
Tandem in the LATA, unless otherwise agreed to by the Parties.
10.4 TDSM and Frontier will use reasonable efforts, individually and collectively, to
maintain provisions in their respective state access Tariffs, and/or provisions
within the National Exchange Carrier Association (NECA) Tariff No. 4, or any
successor Tariff sufficient to reflect the MPB arrangements established pursuant
to this Agreement.
10.5 In general, there are four alternative MPB arrangements possible, which are:
Single Bill/Single Tariff, Multiple Bill/Single Tariff, Multiple Bill/Multiple Tariff, and
Single Bill/Multiple Tariff, as outlined in the OBF MECAB Guidelines.
Each Party shall implement the “Multiple Bill/Single Tariff” or “Multiple Bill/Multiple
Tariff” option, as appropriate, in order to bill an IXC for the portion of the MPB
arrangement provided by that Party. Alternatively, in former Bell Atlantic service
areas, upon agreement of the Parties, each Party may use the New York State
TDS ID Final 07 10 19.docx 72
Access Pool on its behalf to implement the Single Bill/Multiple Tariff or Single
Bill/Single Tariff option, as appropriate, in order to bill an IXC for the portion of
the MPB arrangement provided by that Party.
10.6 The rates to be billed by each Party for the portion of the MPB arrangement
provided by it shall be as set forth in that Party’s applicable Tariffs, or other
document that contains the terms under which that Party's access services are
offered. For each TDSM Routing Point/Frontier Serving Interconnection Wire
Center combination, the MPB billing percentages for transport between the
TDSM Routing Point and the Frontier Serving Interconnection Wire Center shall
be calculated in accordance with the formula set forth in Section 10.17 of this
Attachment.
10.7 Each Party shall provide the other Party with the billing name, billing address,
and Carrier Identification Code (CIC) of the IXC, and identification of the Frontier
Interconnection Wire Center serving the IXC in order to comply with the MPB
notification process as outlined in the MECAB document.
10.8 Frontier shall provide TDSM with the Terminating Switched Access Detail Usage
Data (EMI category 1101XX records) recorded at the Frontier access Tandem on
cartridge or via such other media as the Parties may agree to, no later than ten
(10) Business Days after the date the usage occurred.
10.9 TDSM shall provide Frontier with the Originating Switched Access Detail Usage
Data (EMI category 1101XX records) on cartridge or via such other media as the
Parties may agree.
10.10 All usage data to be provided pursuant to Sections 10.8 and 10.9 of this
Attachment shall be sent to the following addresses:
To TDSM:
TDS Metrocom
Attn: Carrier Relations
535 Junction Rd.
Madison, WI 53717

To Frontier:

Frontier Communications
Attention: Access Billing
1225 Jefferson Road, Suite A 201
Rochester, NY 14623

Either Party may change its address for receiving usage data by notifying the
other Party in writing pursuant to Section 29 of the General Terms and
Conditions.
10.11 TDSM and Frontier shall coordinate and exchange the billing account reference
(BAR) and billing account cross reference (BACR) numbers or Operating
Company Number (“OCN”), as appropriate, for the MPB arrangements described
in this Section 10. Each Party shall notify the other if the level of billing or other
BAR/BACR elements change, resulting in a new BAR/BACR number, or if the
OCN changes.
10.12 Each Party agrees to provide the other Party with notification of any errors it
discovers in MPB data within thirty (30) calendar days or as mutually agreed
TDS ID Final 07 10 19.docx 73
upon, of the receipt of the original data. The other Party shall attempt to correct
the error and resubmit the data within thirty (30) Business Days or as mutually
agreed upon of the notification. In the event the errors cannot be corrected
within such thirty (30) Business-Day period, the erroneous data will be
considered lost. In the event of a loss of data, whether due to uncorrectable
errors or otherwise, both Parties shall cooperate to reconstruct the lost data and,
if such reconstruction is not possible, shall accept a reasonable estimate of the
lost data based upon prior usage data.
10.13 Either Party may request a review or audit of the various components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Party.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours. A Party may conduct
additional audits, at its expense, upon the other Party’s consent, which consent
shall not be unreasonably withheld.
10.14 Except as expressly set forth in this Agreement, nothing contained in this Section
10 shall create any liability for damages, losses, claims, costs, injuries, expenses
or other liabilities whatsoever on the part of either Party.
10.15 MPB will apply for all traffic bearing the 500, 900, toll free service access code
(e.g. 800/888/877) (to the extent provided by an IXC) or any other non-
geographic NPA which may be designated for such traffic in the future.
10.16 In the event TDSM determines to offer Telephone Exchange Services in a LATA
in which Frontier operates an access Tandem Switch, Frontier shall permit and
enable TDSM to subtend the Frontier access Tandem Switch(es) designated for
the Frontier End Offices in the area where there are located TDSM Routing
Point(s) associated with the NPA/NXX(s) to/from which the Switched Exchange
Access Services are homed.
10.17 Except as otherwise mutually agreed by the Parties, the MPB billing percentages
for each Routing Point/Frontier Serving Interconnection Wire Center combination
shall be calculated according to the following formula, unless as mutually agreed
to by the Parties:
a / (a + b) = TDSM Billing Percentage

and

b / (a + b) = Frontier Billing Percentage

where:

a = the airline mileage between TDSM Routing Point and the actual
point of interconnection for the MPB arrangement; and

b = the airline mileage between the Frontier Serving Interconnection
Wire Center and the actual point of interconnection for the MPB arrangement.

10.18 TDSM shall inform Frontier of each LATA in which it intends to offer Telephone
Exchange Services and its calculation of the billing percentages which should
apply for such arrangement. Within ten (10) Business Days of TDSM’s delivery
of notice to Frontier, Frontier and TDSM shall confirm the Routing Point/Frontier
Serving Interconnection Wire Center combination and billing percentages.
TDS ID Final 07 10 19.docx 74
11. Toll Free Service Access Code (e.g., 800/888/877) Traffic
The following terms shall apply when either Party delivers toll free service access code
(e.g., 800/877/888)("8YY") calls to the other Party. For the purposes of this Section 11,
the terms "translated" and "untranslated" refers to those toll free service access code
calls that have been queried ("translated") or have not been queried ("untranslated") to
an 8YY database. Except as otherwise agreed to by the Parties, all TDSM originating
"untranslated" 8YY traffic will be routed over a separate One-Way miscellaneous Trunk
group.
11.1 When TDSM delivers translated 8YY calls to Frontier to be completed by
11.1.1 an IXC:
11.1.1.1 TDSM will provide an appropriate EMI record to Frontier;
11.1.1.2 TDSM will bill the IXC the TDSM’s applicable Switched
Exchange Access Tariff charges and the TDSM's applicable
Tariff query charges; and
11.1.1.3 Frontier will bill the IXC Frontier’s applicable Switched
Exchange Access Tariff charges.
11.1.2 Frontier:
11.1.2.1 TDSM will provide an appropriate EMI record to Frontier;
and
11.1.2.2 TDSM will bill Frontier the TDSM's Switched Exchange
Access Tariff charges and the TDSM’s applicable Tariff
query charge.
11.1.3 a toll free service access code service provider in that LATA:
11.1.3.1 TDSM will provide an appropriate EMI record to Frontier
and the toll free service access code service provider;
11.1.3.2 TDSM will bill the toll free service access code service
provider the TDSM's applicable Switched Exchange Access
Tariff charges and the TDSM's applicable Tariff query
charges; and
11.1.3.3 Frontier will bill the toll free service access code service
provider Frontier’s applicable Switched Exchange Access
Tariff charges.
11.2 When Frontier performs the query and delivers translated 8YY calls, originated
by Frontier's Customer or another LEC's Customer to TDSM to be completed by
11.2.1 TDSM:
11.2.1.1 Frontier will provide an appropriate EMI record to TDSM;
and
11.2.1.2 Frontier will bill TDSM Frontier's applicable Switched
Exchange Access Tariff charges and Frontier’s applicable
Tariff query charges.
TDS ID Final 07 10 19.docx 75
11.2.2 a toll free service access code service provider in that LATA:
11.2.2.1 Frontier will provide an appropriate EMI record to TDSM
and the toll free service access code service provider;
11.2.2.2 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges and Frontier's applicable Tariff query
charges; and
11.2.2.3 TDSM will bill the toll free service access code service
provider the TDSM’s applicable Switched Exchange Access
Tariff charges.
11.3 When TDSM delivers untranslated 8YY calls to Frontier to be completed by
11.3.1 an IXC:
11.3.1.1 Frontier will query the call and route the call to the
appropriate IXC;
11.3.1.2 Frontier will provide an appropriate EMI record to TDSM;
11.3.1.3 Frontier will bill the IXC Frontier's applicable Switched
Exchange Access Tariff charges and Frontier's applicable
Tariff query charges; and
11.3.1.4 TDSM will bill the IXC TDSM’s applicable Switched
Exchange Access Tariff charges.
11.3.2 Frontier:
11.3.2.1 Frontier will query the call and complete the call;
11.3.2.2 Frontier will provide an appropriate EMI record to TDSM;
11.3.2.3 TDSM will bill Frontier the TDSM’s applicable Switched
Exchange Access Tariff charges.
11.3.3 a toll free service access code service provider in that LATA:
11.3.3.1 Frontier will query the call and route the call to the
appropriate toll free service access code service provider;
11.3.3.2 Frontier will provide an appropriate EMI record to TDSM
and the toll free service access code service provider;
11.3.3.3 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff and Frontier's applicable Tariff query charges; and
11.3.3.4 TDSM will bill the toll free service access code service
provider the TDSM’s applicable Switched Exchange Access
Tariff charges.
11.4 Frontier will not direct untranslated toll free service access code calls to TDSM.
12. Transit Service
TDS ID Final 07 10 19.docx 76
12.1 As used in this Section, Transit Service is Telephone Exchange Service traffic
that originates on TDSM's network, and is transported through Frontier’s Tandem
to the subtending End Office or its equivalent of another carrier (CLEC, ILEC
other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other
LEC (“Other Carrier”), when neither the originating nor terminating customer is a
Customer of Frontier. For the avoidance of any doubt, under no circumstances
shall Frontier be required to transit traffic through a Frontier Tandem to an End
Office that does not have local Interconnection facilities and direct trunks to that
particular Frontier Tandem. Switched Exchange Access Service traffic is not
Transit Service.
12.1.1 If TDSM provides service using an NPA-NXX assigned to a rate center
where Frontier provides extended area service or an applicable
regulatory authority approved optional calling plan, and TDSM
chooses to indirectly interconnect by using the tandem switching
facilities of a third party, Frontier will have no obligation to route and
rate traffic to TDSM’s NPA-NXX as an EAS call or pursuant to an
optional calling plan unless TDSM has established a trunking and
transiting arrangement for this traffic with Frontier and the other
telecommunications carrier(s) utilizing the trunk and providing
transiting service for the traffic.
12.2 Transit Service provides TDSM with the transport of Transit Service as provided
below.
12.3 Transit Service may be routed over the Interconnection Trunks described in
Sections 2 through 6 of this Attachment. TDSM shall deliver each Transit
Service call to Frontier’s Tandem with CCS and the appropriate Transactional
Capabilities Application Part (“TCAP”) message to facilitate full interoperability of
CLASS Features and billing functions.
12.3.1 TDSM may use Transit Service only for traffic that originates on
TDSM’s network and only to send traffic to an Other Carrier with whom
TDSM has a reciprocal traffic exchange arrangement (either via
written agreement or mutual tariffs) that provides for the Other Carrier,
to terminate or complete traffic originated by TDSM and to bill TDSM,
and not to bill Frontier, for such traffic. TDSM agrees not to use
Frontier’s Transit Service to send traffic to an Other Carrier with whom
TDSM does not have such a reciprocal traffic exchange arrangement
or to send traffic that does not originate on TDSM’s network.
12.4 TDSM shall pay Frontier for Transit Service at the rates specified in the Pricing
Attachment. Frontier will not be liable for compensation to any Other Carrier for
any traffic that is transported through Frontier’s Tandem and Frontier reserves
the right to assess to TDSM any additional charges or costs any Other Carrier
imposes or levies on Frontier for the delivery or termination of such traffic,
including any Switched Exchange Access Service charges. If Frontier is billed by
any Other Carrier for any traffic originated by TDSM, Frontier may provide notice
to TDSM of such billing. Upon receipt of such notice, TDSM shall immediately
stop using Frontier’s Transit Service to send any traffic to such Other Carrier until
it has provided to Frontier certification that the Other Carrier has removed such
billed charges from its bill to Frontier and that the Other Carrier will not bill
Frontier for any traffic originated by TDSM. Such certification must be signed by
an authorized officer or agent of the Other Carrier and must be in a form
acceptable to Frontier.
TDS ID Final 07 10 19.docx 77
12.5 If TDSM uses Transit Service for traffic volumes that exceed the Centum Call
Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined
minutes of use per month (a DS1 equivalent) to the subtending End Office of a
particular Other Carrier for any month (the “Threshold Level”). TDSM shall use
good faith efforts to establish direct interconnection with such Other Carrier and
reduce such traffic volumes below the Threshold Level. If Frontier believes that
TDSM has not exercised good faith efforts promptly to obtain such direct
interconnection, either Party may use the Dispute Resolution processes of this
Agreement.
12.6 If TDSM fails to comply with Section 12 of this Attachment, such failure shall be a
material breach of a material provision of this Agreement and Frontier may
exercise any and all remedies under this Agreement and Applicable Law for such
breach.
12.7 If or when a third party carrier plans to subtend a TDSM switch, then TDSM shall
provide written notice to Frontier at least ninety (90) days before such subtending
service arrangement becomes effective so that Frontier may negotiate and
establish direct interconnection with such third party carrier. Upon written
request from Frontier, TDSM shall offer to Frontier a service arrangement
equivalent to or the same as Transit Service provided by Frontier to TDSM as
defined in this Section such that Frontier may terminate calls to a Central Office
or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other
LEC, that subtends a TDSM Central Office or its equivalent (“Reciprocal Tandem
Transit Service”). TDSM shall offer such Reciprocal Transit Service
arrangements under terms and conditions of an amendment to this Agreement or
a separate agreement no less favorable than those provided in this Section.
12.8 Neither Party shall take any actions to prevent the other Party from entering into
a direct and reciprocal traffic exchange arrangement with any carrier to which it
originates, or from which it terminates, traffic.
13. Number Resources, Rate Center Areas and Routing Points
13.1 Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party’s right to employ or to request and be assigned
any Central Office Codes pursuant to the Central Office Code Assignment
Guidelines and any relevant FCC or Commission orders, as may be amended
from time to time, or to establish, by Tariff or otherwise, Rate Center Areas and
Routing Points corresponding to such NXX Codes.
13.2 It shall be the responsibility of each Party to program and update its own
switches and network systems in order to recognize and route traffic to the other
Party’s assigned NPA/NXX Codes. Except as expressly set forth in this
Agreement, neither Party shall impose any fees or charges whatsoever on the
other Party for such activities.
13.3 Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, TDSM shall adopt
the Rate Center Area and Rate Center Points that the Commission has approved
for Frontier within the LATA and Tandem serving area. TDSM shall assign whole
NPA/NXX Codes to each Rate Center Area unless otherwise ordered by the
FCC, the Commission or another governmental entity of appropriate jurisdiction,
or the LEC industry adopts alternative methods of utilizing NXXs.
13.4 TDSM will also designate a Routing Point for each assigned NXX Code. TDSM
shall designate one location for each Rate Center Area in which the TDSM has
TDS ID Final 07 10 19.docx 78
established NXX Code(s) as the Routing Point for the NPA-NXXs associated with
that Rate Center Area, and such Routing Point shall be within the same LATA as
the Rate Center Area but not necessarily within the Rate Center Area itself.
Unless specified otherwise, calls to subsequent NXXs of TDSM will be routed in
the same manner as calls to TDSM’s initial NXXs.
13.5 Notwithstanding anything to the contrary contained herein, nothing in this
Agreement is intended, and nothing in this Agreement shall be construed, to in
any way constrain TDSM’s choices regarding the size of the local calling area(s)
that TDSM may establish for its Customers, which local calling areas may be
larger than, smaller than, or identical to Frontier’s local calling areas.
14. Joint Network Implementation and Grooming Process; Forecasting
14.1 Joint Network Implementation and Grooming Process.
Upon request of either Party, the Parties shall jointly develop an implementation
and grooming process (the “Joint Grooming Process” or “Joint Process”) which
may define and detail, inter alia:
14.1.1 standards to ensure that Interconnection Trunks experience a grade of
service, availability and quality which is comparable to that achieved
on interoffice trunks within Frontier’s network and in accord with all
appropriate relevant industry-accepted quality, reliability and
availability standards. Except as otherwise stated in this Agreement,
trunks provided by either Party for Interconnection services will be
engineered using a design-blocking objective of B.01.
14.1.2 the respective duties and responsibilities of the Parties with respect to
the administration and maintenance of the trunk groups, including, but
not limited to, standards and procedures for notification and
discoveries of trunk disconnects;
14.1.3 disaster recovery provision escalations;
14.1.4 additional technically feasible Point(s) of Interconnection on Frontier’s
network in a LATA as provided in Section 2 of this Attachment; and
14.1.5 such other matters as the Parties may agree, including, e.g., End
Office to End Office high usage trunks as good engineering practices
may dictate.
14.2 Trunk Forecasting Requirements.
14.2.1 Initial Trunk Forecast Requirements. At least ninety (90) days before
initiating interconnection in a LATA, TDSM shall provide Frontier a two
(2)-year traffic forecast that includes the number, type, and capacity of
trunks as well as a description of anticipated major network projects.
This initial traffic forecast will provide the amount of traffic to be
delivered to and from Frontier over each of the Interconnection Trunk
groups in the LATA over the next eight (8) quarters. Orders for trunks
that exceed forecasted quantities for forecasted locations will be
accommodated as facilities and/or equipment are available.
14.2.2 Ongoing Trunk Forecast Requirements. Where the Parties have
already established interconnection in a LATA, TDSM shall provide a
new or revised traffic forecast when TDSM develops plans or becomes
TDS ID Final 07 10 19.docx 79
aware of information that will materially affect the Parties’
interconnection in that LATA. Instances that require a new or revised
forecast include, but are not limited to: (a) TDSM plans to deploy a
new switch; (b) TDSM plans to implement a new POI or network
architecture; (c) TDSM plans to rearrange its network; (d) TDSM
expects a significant change in interconnection traffic volume; or (e)
other activities that are reflected by a significant increase or decrease
in trunking demand. In addition, upon request by either Party, the
Parties shall meet to: (i) review traffic and usage data on End Office
and Tandem Interconnection Trunk groups and (ii) determine whether
the Parties should establish new Interconnection Trunk groups,
augment existing Interconnection Trunk groups, or disconnect existing
Interconnection Trunks.
14.2.3 Use of Trunk Forecasts. Trunk forecasts provided pursuant to this
Agreement must be prepared in good faith but are not otherwise
binding on TDSM or Frontier.
15. Number Portability - Section 251(B)(2)
15.1 Scope.
The Parties shall provide Number Portability (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
15.2 Procedures for Providing LNP (“Local Number Portability”).
The Parties will adhere to all Number Portability Administration Center (NPAC)
and North American Numbering Council (NANC) requirements and in providing
its own access to regional NPAC and will follow the LNP provisioning process
recommended by NANC and the Industry Numbering Council (INC), and adopted
by the FCC. In addition, the Parties agree to follow the LNP ordering procedures
established at the OBF. To access LNP job aids go to
https://wholesale.frontier.com/wholesale/ under Local Services. Each Party is
responsible for providing its own access to the Service Order Administration
(SOA). The Parties shall provide LNP on a reciprocal basis.
15.2.1 Frontier will only provide LNP services and facilities where technically
feasible, subject to the availability of facilities, and only from properly
equipped central offices. An LNP telephone number may be assigned
by TDSM only to TDSM’s End Users located within Frontier’s rate
center, which is associated with the NXX of the ported number.
15.2.2 TDSM is responsible to coordinate with the local E9-1-1 and Public
Services Answering Point (PSAP) coordinators to insure a seamless
transfer of End User emergency services.
15.2.3 A Customer of one Party ("Party A") elects to become a Customer of
the other Party ("Party B"). The Customer elects to utilize the original
telephone number(s) it previously received from Party A, in
conjunction with the Telephone Exchange Service(s) it will now
receive from Party B. After Party B has received authorization from
the Customer in accordance with Applicable Law and sends an LSR to
Party A, Parties A and B will work together to port the Customer’s
telephone number(s) from Party A’s network to Party B’s network.
TDS ID Final 07 10 19.docx 80
15.2.4 When a telephone number is ported out of Party A’s network, Party A
will remove any non-proprietary line based calling card(s) associated
with the ported number(s) from its Line Information Database (LIDB).
Reactivation of the line-based calling card in another LIDB, if desired,
is the responsibility of Party B or Party B’s Customer.
15.2.5 When a Customer of Party A ports their telephone numbers to Party B
and the Customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers. Party B may request that Party A port all reserved numbers
assigned to the Customer or that Party A port only those numbers
listed by Party B. As long as Party B maintains reserved but inactive
numbers ported for the Customer, Party A shall not reassign those
numbers. Party B shall not reassign the reserved numbers to another
Customer.
15.2.6 When a Customer of Party A ports their telephone numbers to Party B,
Party A shall implement the ten-digit trigger in the donor switch where
it is available. Party A shall apply the ten-digit unconditional trigger to
the Customer’s line before the due date of the porting activity. When
the ten-digit unconditional trigger is not available, Party A and Party B
must coordinate the disconnect activity.
15.2.7 The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP) in the Initial Address Message (IAM), according to
industry standards.
15.2.8 Where LNP is commercially available, the NXXs in the office shall be
defined as portable, except as noted in 15.2.9, and translations will be
changed in the Parties’ switches to open those NXXs for database
queries in all applicable LNP capable offices within the LATA of the
given switch(es). On a prospective basis, all newly deployed switches
will be equipped with LNP capability and so noted in the LERG.
15.2.9 All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherwise been designated as non-
portable. Non-portable NXXs include NXX Codes assigned to paging
services; NXX codes assigned for internal testing and official use, and
any other NXX codes required to be designated as non-portable by the
rules and regulations of the FCC. NXX Codes assigned to mass
calling on a choked network may not be ported using LNP technology
but are portable using methods established by the NANC and adopted
by the FCC. On a prospective basis, newly assigned codes in
switches capable of porting shall become commercially available for
porting with the effective date in the network.
15.2.10 Both Parties will participate in LNP testing in accordance with North
American Numbering Council (NANC) standards.
15.2.10.1 TDSM is required to meet all mutually agreed upon testing
dates and implementation schedules. Both Parties will
perform testing as specified in industry guidelines and
cooperate in conducting any additional testing to ensure
interoperability between networks and systems. Each party
shall inform the other Party of any system updates that may
affect the other Party’s network and each Party shall, at the
TDS ID Final 07 10 19.docx 81
other Party’s request perform tests to validate the operation
of the network.
15.2.11 Both Parties’ use of LNP shall meet the performance criteria specified
by the FCC. Both Parties will act as the default carrier for the other
Party in the event that either Party is unable to perform the routing
necessary for LNP.
15.2.11.1 If a Customer of TDSM ports their telephone number(s) to
Party B, and Frontier routes a call for that ported number to
TDSM, TDSM will route the call to Party B and may assess
Frontier a charge not to exceed Frontier’s charge for a non-
queried call.
15.3 Procedures for Providing NP Through Full NXX Code Migration.
Where Party A has activated an entire NXX for a single Customer, or activated at
least eighty percent (80%) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Service from
Party B, Party A shall cooperate with Party B to have the entire NXX reassigned
in the LERG (and associated industry databases, routing tables, etc.) to an End
Office operated by Party B. Such transfer will be accomplished with appropriate
coordination between the Parties and subject to appropriate industry lead times
for movements of NXXs from one switch to another. Neither Party shall charge
the other in connection with this coordinated transfer.
15.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a written request. The Parties acknowledge that
Frontier has deployed LNP throughout its network in compliance with FCC 96-
286 and other applicable FCC Regulations.
15.4.1 If Party B desires to have LNP capability deployed in an End Office of
Party A, which is not currently capable, Party B shall issue a LNP
request to Party A. Party A will respond to Party B, within ten (10)
days of receipt of the request, with a date for which LNP will be
available in the requested End Office. Party A shall proceed to
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
15.4.2 The Parties acknowledge that each can determine the LNP-capable
End Offices of the other through the Local Exchange Routing Guide
(LERG). In addition, the Parties shall make information available upon
request showing their respective LNP-capable End Offices, as set
forth in this Section 15.4.
16. Good Faith Performance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with TDSM reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilize the Agreement’s dispute resolution
TDS ID Final 07 10 19.docx 82
procedures.
TDS ID Final 07 10 19.docx 83
RESALE ATTACHMENT
1. General
Frontier shall provide to TDSM, in accordance with this Agreement (including, but not
limited to, Frontier’s applicable Tariffs) and the requirements of Applicable Law, Frontier’s
Telecommunications Services for resale by TDSM; provided, that notwithstanding any
other provision of this Agreement, Frontier shall be obligated to provide
Telecommunications Services to TDSM only to the extent required by Applicable Law
and may decline to provide a Telecommunications Service to TDSM to the extent that
provision of such Telecommunications Service is not required by Applicable Law. Resale
means an activity wherein TDSM subscribes to the retail telecommunications services of
Frontier and then re-offers and provides those telecommunications services to the public
under its own company name.
2. Use of Frontier Telecommunications Services
2.1 Frontier Telecommunications Services may be purchased by TDSM under this
Resale Attachment at a wholesale discount only for the purpose of resale by
TDSM as a Telecommunications Carrier for retail services made available to End
Users and uses conforming to the class of service restrictions in Frontier’s Local
Exchange Service Tariff and pursuant to all rules and regulations related to the
provision of local exchange services promulgated by the applicable Commission..
Frontier Telecommunications Services to be purchased by TDSM for other
purposes (including, but not limited to, TDSM’s own use) must be purchased by
TDSM pursuant to other applicable Attachments to this Agreement (if any), or
separate written agreements, including, but not limited to, applicable Frontier
Tariffs.
2.2 TDSM shall not resell:
2.2.1 Residential service to persons not eligible to subscribe to such service
from Frontier (including, but not limited to, business or other
nonresidential Customers);
2.2.2 Lifeline, Link Up America, or other means-tested service offerings, to
persons not eligible to subscribe to such service offerings from
Frontier;
2.2.3 Grandfathered or discontinued service offerings to persons not eligible
to subscribe to such service offerings from Frontier;
2.2.4 Calling card, employee concession services, promotional service
offers less than 90 days, inside wire, installment billing options,
enhanced services (excluding voice mail), end user premise
equipment, 9-1-1 and E9-1-1 services, interconnection services,
legislatively or administratively mandated specialized discounts (e.g.,
educational institution discounts); or
2.2.5 Any other Frontier service in violation of a restriction stated in this
Agreement (including, but not limited to, a Frontier Tariff) that is not
prohibited by Applicable Law.
2.2.6 In addition to any other actions taken by TDSM to comply with this
Section 2.2, TDSM shall take those actions required by Applicable
Law to determine the eligibility of TDSM Customers to purchase a
TDS ID Final 07 10 19.docx 84
service, including, but not limited to, obtaining any proof or certification
of eligibility to purchase Lifeline, Link Up America, or other means-
tested services, required by Applicable Law. TDSM shall indemnify
Frontier from any Claims resulting from TDSM’s failure to take such
actions required by Applicable Law.
2.2.7 Frontier may perform audits to confirm TDSM’s conformity to the
provisions of this Section 2.2. Such audits may be performed twice
per calendar year and shall be performed in accordance with Section 7
of the General Terms and Conditions.

2.3 TDSM shall be subject to the same limitations that Frontier’s Customers are
subject to with respect to any Telecommunications Service that Frontier
grandfathers or discontinues offering. Without limiting the foregoing, except to
the extent that Frontier follows a different practice for Frontier Customers in
regard to a grandfathered Telecommunications Service, such grandfathered
Telecommunications Service: (a) shall be available only to a Customer that
already has such Telecommunications Service; (b) may not be moved to a new
service location; and (c) will be furnished only to the extent that facilities continue
to be available to provide such Telecommunications Service.
2.4 Resold services can only be used in the same manner as specified in Frontier’s
Tariff. Resold services are subject to the same terms and conditions as are
specified for such services when furnished to an individual End User of Frontier
in the appropriate section of Frontier’s Tariff. Specific Tariff features, e.g., a
usage allowance per month, will not be aggregated across multiple resold
services. Resold services cannot be used to aggregate traffic from more than
one End User.
2.5 TDSM shall not be eligible to participate in any Frontier plan or program under
which Frontier Customers may obtain products or services, which are not
Frontier Telecommunications Services, in return for trying, agreeing to purchase,
purchasing, or using Frontier Telecommunications Services.
2.6 In accordance with 47 CFR § 51.617(b), Frontier shall be entitled to all charges
for Frontier Exchange Access services used by interexchange carriers to provide
service to TDSM Customers.
3. Availability of Frontier Telecommunications Services
3.1 Frontier will provide a Frontier Telecommunications Service to TDSM for resale
pursuant to this Attachment only where and to the same extent that such Frontier
Telecommunications Service is provided to Frontier’s Customers. TDSM may
resell Frontier’s services only within Frontier’s specific service area as defined in
Frontier’s Tariff.
3.2 Except as otherwise required by Applicable Law, subject to Section 3.1 of this
Attachment, Frontier shall have the right to add, modify, grandfather, discontinue
or withdraw Frontier Telecommunications Services at any time, without the
consent of TDSM.
3.3 To the extent required by Applicable Law, the Frontier Telecommunications
Services to be provided to TDSM for resale pursuant to this Attachment will
include a Frontier Telecommunications Service customer-specific contract
service arrangement (“CSA”) (such as a customer specific pricing arrangement
TDS ID Final 07 10 19.docx 85
or individual case based pricing arrangement) that Frontier is providing to a
Frontier Customer at the time the CSA is requested by TDSM.
4. Responsibility for Charges
4.1 TDSM shall be responsible for and pay to Frontier all charges for any
Telecommunications Services provided by Frontier or provided by persons other
than Frontier and billed for by Frontier, that are ordered, activated or used by
TDSM, TDSM Customers or any other persons, through, by means of, or in
association with, Telecommunications Services provided by Frontier to TDSM
pursuant to this Resale Attachment.
4.2 A subscriber line charge (SLC) or any federally mandated or state approved
charge to End Users included in Frontier’s tariffs will continue to be paid by
TDSM without discount for each local exchange line resold under this
Agreement.
4.3 Law enforcement agency subpoenas and court orders regarding End Users of
TDSM will be directed to TDSM. Frontier will bill TDSM for implementing any
requests by law enforcement agencies regarding TDSM End Users. Frontier will
cooperate fully with law enforcement agencies with subpoenas and court orders
for assistance with TDSM's End Users.
4.4 TDSM is liable for all fraud associated with service to its End Users and
accounts. Frontier takes no responsibility, will not investigate, and will make no
adjustments to TDSM’s account in cases of fraud unless such fraud is the result
of intentional misconduct or gross negligence of Frontier.
4.5 Upon request by TDSM, Frontier will provide for use on resold Frontier retail
Telecommunications Service dial tone lines purchased by TDSM such Frontier
retail Telecommunications Service call blocking and call screening services as
Frontier provides to its own end user retail Customers, where and to the extent
Frontier provides such Frontier retail Telecommunications Service call blocking
services to Frontier’s own end user retail Customers. TDSM understands and
agrees that certain of Frontier’s call blocking and call screening services are not
guaranteed to block or screen all calls and that notwithstanding TDSM’s
purchase of such blocking or screening services, TDSM’s end user Customers or
other persons ordering, activating or using Telecommunications Services on the
resold dial tone lines may complete or accept calls which TDSM intended to
block. Notwithstanding the foregoing, TDSM shall be responsible for and shall
pay Frontier all charges for Telecommunications Services provided by Frontier or
provided by persons other than Frontier and billed for by Frontier in accordance
with the terms of Section 4.1 above.
5. Operations Matters
5.1 Facilities.
5.1.1 Frontier and its suppliers shall retain all of their right, title and interest
in all facilities, equipment, software, information, and wiring used to
provide Frontier Telecommunications Services.
5.1.2 Frontier shall have access at all reasonable times to TDSM Customer
locations for the purpose of installing, inspecting, maintaining,
repairing, and removing, facilities, equipment, software, and wiring
used to provide the Frontier Telecommunications Services. TDSM
TDS ID Final 07 10 19.docx 86
shall, at TDSM’s expense, obtain any rights and authorizations
necessary for such access.
5.1.3 Except as otherwise agreed to in writing by Frontier, Frontier shall not
be responsible for the installation, inspection, repair, maintenance, or
removal of facilities, equipment, software, or wiring provided by TDSM
or TDSM Customers for use with Frontier Telecommunications
Services.
5.1.3.1 TDSM accepts responsibility to notify Frontier of situations
that may arise which result in service problems.
5.1.3.2 TDSM will be the single point of contact for all repair calls
on behalf of TDSM's End Users.
5.1.3.3 TDSM will contact the appropriate repair centers in
accordance with procedures established by Frontier.
5.1.3.4 For all repair requests, TDSM accepts responsibility for
adhering to Frontier’ prescreening guidelines prior to
referring the trouble to Frontier.
5.1.3.5 Frontier will bill TDSM for handling troubles that are found
not to be in Frontier’ network pursuant to its standard time
and material or dispatch charges as set forth in Frontier’
Tariff.
5.1.3.6 Frontier reserves the right to contact TDSM’s End User if
deemed necessary, for maintenance purposes in an
emergency or as a result of a service call which TDSM may
initiate.
6. Maintenance of Services
6.1 Services resold by Frontier will be maintained by Frontier, up to and including the
Network Interface Device.
6.2 TDSM or its End Users may not rearrange, move, disconnect, add additional
services, remove or attempt to repair any facilities owned by Frontier, other than
by connection or disconnection to any interface means used.
6.3 TDSM acknowledges that any chat line services being offered by TDSM over
Frontier’s facilities shall only be provisioned by Frontier on a blockable “NXX”
central office code.
7. Branding.
7.1 Except as stated in Section 7.2 of this Attachment, in providing Frontier
Telecommunications Services to TDSM, Frontier shall have the right (but not the
obligation) to identify the Frontier Telecommunications Services with Frontier’s
trade names, trademarks and service marks (“Frontier Marks”), to the same
extent that these Services are identified with Frontier’s Marks when they are
provided to Frontier’s Customers. Any such identification of Frontier’s
Telecommunications Services shall not constitute the grant of a license or other
right to TDSM to use Frontier’s Marks.
7.2 To the extent required by Applicable Law, upon request by TDSM and at prices,
terms and conditions to be negotiated by TDSM and Frontier, Frontier shall
TDS ID Final 07 10 19.docx 87
provide Frontier Telecommunications Services for resale that are identified by
TDSM’s trade name, or that are not identified by trade name, trademark or
service mark.
7.3 If Frontier uses a third-party contractor to provide Frontier operator services or
Frontier directory assistance, TDSM will be responsible for entering into a direct
contractual arrangement with the third-party contractor at TDSM’s expense (a) to
obtain identification of Frontier operator services or Frontier directory assistance
purchased by TDSM for resale with TDSM’s trade name, or (b) to obtain removal
of Frontier Marks from Frontier operator services or Frontier directory assistance
purchased by TDSM for resale.
8. Rates and Charges
8.1 The rates and charges for Frontier Telecommunication Services purchased by
TDSM for resale pursuant to this Attachment shall be as provided in this
Attachment and the Pricing Attachment.
8.2 If telephone service is established and it is subsequently determined that the
class of service restriction has been violated, TDSM will be notified and billing for
that service will be retroactively changed to the appropriate class of service.
Service charges for changes between classes of service, back billing, and
interest as described in this subsection will apply at Frontier’s sole discretion.
Interest will apply at the rate of 1.5% per month or 18% annually, or the
maximum allowed by law, whichever is less, compounded daily for the number of
days from the back billing date to and including the date that TDSM actually
makes the payment to Frontier may be assessed.
9. Discontinuance of Service to End User
The procedures for temporarily denying or permanently disconnecting service to an End
User are as follows:

9.1 Frontier will temporarily deny service to TDSM's End User on behalf of, and at
the request of TDSM. Upon restoration of the End User's service, restoral
charges will apply and will be charged to the master account of TDSM.
9.2 All requests by TDSM for temporary denial, restoration, or permanent
disconnection of an End User for nonpayment must be in writing and must be on,
or accompanied by, the appropriate ordering form. TDSM is responsible for
compliance with regulatory requirements for termination and temporary
disconnection of service to End User(s).
9.3 TDSM will be solely responsible for notifying the End User, in advance, of the
proposed temporary denial or permanent disconnection of the service.
9.4 Frontier will advise TDSM when it is determined that annoyance calls are
originated from one of their End User's locations. Frontier will be indemnified,
defended and held harmless by TDSM and/or the End User against any claim,
loss, or damage arising from providing this information to TDSM. It is the
responsibility of TDSM to take the corrective action necessary with its End Users
who make annoying calls. Failure to do so may at Frontier’s option result in
Frontier disconnecting the End User's service.
10. Discontinuance of Service to TDSM
TDS ID Final 07 10 19.docx 88
Unless otherwise defined by the Commission, where TDSM discontinues its provision of
service to all or substantially all of its End Users, TDSM must send advance written
notice of such discontinuance to Frontier, comply with any applicable Commission
regulatory requirements and to each of TDSM’s End Users. Such notice must include a
verification that TDSM has notified its End Users of the discontinuance, and must state
the date on which such End User notice was mailed. If the End User fails to make other
arrangements within fifteen (15) days of the date of notice provided by TDSM, Frontier
will serve the End User at its retail rates as if the End User had applied for new service,
subject to Frontier’s retail connection charges and other requirements applicable to other
new End Users including but not limited to payment of deposits, advance payments and
prior amounts owing to Frontier.

11. Good Faith Performance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with TDSM reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilize the Agreement’s dispute resolution
procedures.
TDS ID Final 07 10 19.docx 89
NETWORK ELEMENTS ATTACHMENT
1. General
1.1 Frontier shall provide to TDSM, in accordance with this Agreement (including, but
not limited to, Frontier’s applicable Tariffs) and the requirements of the Federal
Unbundling Rules, access to Frontier’s Network Elements on an unbundled basis
and in combinations (Combinations), and commingled with wholesale services
("Commingling"); provided, however, that notwithstanding any other provision of
this Agreement, Frontier shall be obligated to provide access to unbundled
Network Elements (UNEs), Combinations, and Commingling to TDSM under the
terms of this Agreement only to the extent required by the Federal Unbundling
Rules and may decline to provide access to UNEs, Combinations, or
Commingling to TDSM to the extent that provision of such UNEs, Combinations,
or Commingling is not required by the Federal Unbundling Rules.
1.2 To the extent that Frontier files a tariff that specifies terms, conditions, or rates for
the performance of any action or obligation that would otherwise be governed by
this Agreement and such tariff is duly approved by an appropriate governmental
agency with jurisdiction over its subject matter, the terms, conditions, and/or
rates of this Agreement will be superseded by the tariff.
1.3 Frontier DOES NOT WARRANT THAT UNBUNDLED NETWORK ELEMENTS
ARE COMPATIBLE WITH ANY SPECIFIC FACILITIES OR EQUIPMENT OR
CAN BE USED FOR ANY PARTICULAR PURPOSE OR SERVICE.
Transmission characteristics may vary depending on the length of the unbundled
local loop and may vary due to characteristics inherent in the physical network.
Unbundled Local Loop specifications described in this agreement apply only to
the Unbundled Local Loop as defined herein. Frontier, in order to properly
maintain and modernize the network, may make necessary modifications and
changes to the UNEs in its network on an as needed basis. Such changes may
result in changes to transmission parameters.
1.4 When ordering Unbundled Network Elements, Carrier is responsible for obtaining
or providing facilities and equipment that are compatible with the service.
1.5 TDSM will have responsibility for testing the equipment, network facilities and the
Unbundled Local Loop facility.
1.6 UNEs may not be used to provide any service that would degrade or otherwise
adversely affect Frontier network services, e.g., introduce harmful voltages or
electrical currents in excess of standards used in common industry practice.
Frontier will provide TDSM each Unbundled Local Loop type according to the
technical parameters specified for each Unbundled Local Loop in Section 3
below. Frontier will determine the medium over which the Unbundled Local Loop
is provisioned to meet the appropriate technical parameters, except that, if TDSM
requires a specific type of Unbundled Local Loop to meet the technical
requirements of a proposed service, Frontier will consider the request on a case-
by-case basis.
1.7 It is TDSM’s responsibility to provision and provide E9-1-1 Services to its End
Users that are provisioned utilizing Frontier UNEs.
1.8 Frontier shall be obligated to combine UNEs that are not already combined in
Frontier’s network only to the extent required by the Federal Unbundling Rules.
Except as otherwise required by this Agreement and the Federal Unbundling
TDS ID Final 07 10 19.docx 90
Rules: (a) Frontier shall be obligated to provide a UNE or Combination pursuant
to this Agreement only to the extent such UNE or Combination, and the
equipment and facilities necessary to provide such UNE or Combination, are
already available in Frontier’s network; and (b) Frontier shall have no obligation
to construct, modify, or deploy facilities or equipment to offer any UNE or
Combination, however, in the event any modification of Frontier facilities is
required to implement an unbundled local loop at any given location, and Frontier
agrees to do so, additional charges will apply.
1.9 TDSM shall access Frontier Unbundled Network Elements specifically identified
in this Agreement via Collocation at the Frontier Wire Center where those
elements exist and each UNE shall be delivered to TDSM’s collocation at
applicable rates set forth herein.
1.10 TDSM may use a UNE or Combination only for those purposes for which Frontier
is required by the Federal Unbundling Rules to provide such UNE or
Combination to TDSM. Without limiting the foregoing, TDSM may not access a
UNE or Combination for the exclusive provision of Mobile Wireless Services or
Interexchange Services. For purposes of this section, "Interexchange Services"
shall have the meaning set forth in the Triennial Review Remand Order and
subsequent applicable FCC orders.
1.10.1 Frontier shall not be obligated to provide to TDSM, and TDSM shall
not request from Frontier, access to a proprietary advanced intelligent
network service.
1.11 Nothing contained in this Agreement shall be deemed to constitute an agreement
by Frontier that any item identified in this Agreement as a Network Element is (i)
a Network Element under the Federal Unbundling Rules, or (ii) a Network
Element Frontier is required by the Federal Unbundling Rules to provide to
TDSM on an unbundled basis or in combination with other Network Elements.
1.12 Implementation. To ensure correct provisioning, Frontier highly recommends
that TDSM and Frontier have a technical meeting prior to TDSM ordering
Unbundled Network Elements. Certain of Frontier geographical areas are
currently served via Digital Loop Carrier (DLC) or Remote Switching Technology.
If TDSM requests one or more Unbundled Network Elements in these areas,
Frontier will notify TDSM of the lack of available facilities. TDSM may request
alternative arrangements if they are available. Additional charges may apply.
Frontier will determine separate charges for each request. TDSM agrees to pay
the quoted charges prior to commencement of work.
1.13 If as the result of TDSM Customer actions (e.g., Customer Not Ready (“CNR”)),
Frontier cannot complete requested work activity when a technician has been
dispatched to the TDSM Customer premises, TDSM will be assessed a non-
recurring charge associated with this visit. This charge will be the sum of the
applicable Service Order charge as provided in the Pricing Attachment and the
Customer Not Ready Charge provided for in the Pricing Attachment (or, in the
absence of a Customer Not Ready Charge, the Premises Visit Charge as
provided in Frontier’s applicable retail or wholesale Tariff or in the Pricing
Attachment).
1.14 Absence or Cessation of Unbundling Obligation and Related Provisions. The
following provisions shall apply notwithstanding any other provision of this
Agreement or any Frontier Tariff or SGAT:
1.14.1 Discontinued Facilities.
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1.14.1.1 Frontier may cease offering or providing TDSM with access
on an unbundled basis at rates prescribed under Section
251 of the Act to any facility that is or becomes a
Discontinued Facility, whether as a stand-alone UNE, as
part of a Combination, or otherwise. To the extent Frontier
has not already ceased offering or providing unbundled
access to a particular Discontinued Facility that is a
Discontinued Facility as of the Effective Date, Frontier may
cease offering or providing unbundled access to such
Discontinued Facility immediately upon the Effective Date
without further notice to TDSM. If a facility on or at any time
after the Effective Date is or becomes a Discontinued
Facility, Frontier, to the extent it has not already ceased
providing unbundled access to such Discontinued Facility,
will continue to provide unbundled access to such
Discontinued Facility under the Agreement only through the
effective date of the notice of discontinuance, and not
beyond that date, provided it has given at least ninety (90)
days written notice of discontinuance.
1.14.1.2 Where Frontier is permitted to cease providing a
Discontinued Facility pursuant to Section 1.14.1.1 above
and TDSM has not submitted an LSR or ASR, as
appropriate, to Frontier requesting disconnection of the
Discontinued Facility and has not separately secured from
Frontier an alternative arrangement to replace the
Discontinued Facility, then Frontier, to the extent it has not
already done so, may disconnect the subject Discontinued
Facility without further notice to TDSM. In lieu of
disconnecting the subject Discontinued Facility in the
foregoing circumstances, Frontier, in its sole discretion,
may elect to: (a) convert the subject Discontinued Facility
to an arrangement available under a Frontier access tariff
(in which case month-to-month rates shall apply unless a
different rate applies under an applicable special access
term/volume plan or other special access tariff arrangement
in which TDSM is then enrolled), a resale arrangement, or
other analogous arrangement that Frontier shall identify or
has identified in writing to TDSM, or (b) in lieu of such a
conversion, reprice the subject Discontinued Facility by
application of a new rate (or, in Frontier's sole discretion, by
application of a surcharge to an existing rate) to be
equivalent to an arrangement available under a Frontier
access tariff (at month-to-month rates unless a different rate
applies under an applicable special access term/volume
plan or other special access tariff arrangement in which
TDSM is then enrolled), a resale arrangement, or other
analogous arrangement that Frontier shall identify or has
identified in writing to TDSM; provided, however, that
Frontier may disconnect the subject Discontinued Facility
(or the replacement service to which the Discontinued
Facility has been converted) if TDSM fails to pay when due
any applicable new rate or surcharge billed by Frontier.
1.14.2 Notwithstanding any other provision of the Agreement, TDSM shall not
request or obtain, and Frontier may reject any TDSM order for, a DS1
TDS ID Final 07 10 19.docx 92
Loop, a DS3 Loop, DS1 Dedicated Transport, DS3 Dedicated
Transport, or Dark Fiber Transport, including, but not limited to, any of
the foregoing elements that constitute part of a Combination or that
TDSM seeks to convert from another wholesale service to an
unbundled network element (collectively, "TRRO Certification
Elements"): (a) in any case where TDSM's order conflicts with a
provision of a Frontier Tariff, (b) in any case where TDSM's order
conflicts with a non-impaired UNE Wire Center designation set forth in
a Wire Center List that Frontier has made available to TDSM by notice
and/or by publication on Frontier's Wholesale website, (c) in any case
where TDSM's order conflicts with a non-impaired UNE Wire Center
designation that the Commission or the FCC has ordered or approved
or that has otherwise been confirmed through previous dispute
resolution (regardless of whether TDSM was a party to such dispute
resolution), or (d) as otherwise permitted under the Federal
Unbundling Rules (including, but not limited to, upon a determination
by the Commission, the FCC, or a court of competent jurisdiction that
Frontier may reject orders for TRRO Certification Elements without
first seeking dispute resolution). If, TDSM, inadvertently or otherwise,
submits to Frontier an order that conflicts with this section and
Frontier, inadvertently or otherwise, provisions the order on a Section
251 UNE basis, then upon thirty (30) days written notice from Frontier
the subject service, facility or arrangement shall be treated as a
Discontinued Facility under Section 1.14.1.2 above. The new non-UNE
rate and/or surcharge that applies to the Discontinued Facility under
Section 1.14.1.2 shall be applied retrospectively back to the date of
provisioning (including, but not limited to, late payment charges for the
unpaid difference between UNE rates and the new non-UNE rate
and/or surcharge that applies under Section 1.14.1.2).
1.15 Limitation With Respect to Replacement Arrangements. Notwithstanding any
other provision of this Agreement, any negotiations regarding any UNE-
replacement arrangement, facility, service or the like that Frontier is not required
to provide under the Federal Unbundling Rules (including without limitation any
arrangement, facility, service or the like that Frontier offers under an access tariff)
shall be deemed not to have been conducted pursuant to the Agreement, 47
U.S.C. § 252(a)(1), or 47 C.F.R. Part 51, and shall not be subject to arbitration or
other requirements under to 47 U.S.C. § 252(b). Any reference in this
Attachment to Frontier's provision of an arrangement, facility, service or the like
that Frontier is not required to provide under the Federal Unbundling Rules is
solely for the convenience of the Parties and shall not be construed to require or
permit: (a) arbitration pursuant to 47 U.S.C. § 252(b) of the rates, terms, or
conditions upon which Frontier may provide such arrangement, facility, service or
the like, or (b) application of 47 U.S.C. § 252 in any other respect.
1.16 Responsibilities of the Parties. Ninety days prior to submitting any Unbundled
Local Loop service orders, TDSM must provide to Frontier forecasts of the
numbers of Loops that TDSM plans to order from Frontier at the exchange level.
Thereafter, TDSM will update the forecasts on a quarterly basis. The form for
submitting initial & subsequent quarterly forecasts is the the CLEC Master
Account Questionnaire and can be found at
https://wholesale.frontier.com/wholesale under Getting Started.
2. Frontier’s Provision of Network Elements
Subject to the conditions set forth in Section 1 of this Attachment, in accordance with, but
TDS ID Final 07 10 19.docx 93
only to the extent required by, the Federal Unbundling Rules, Frontier shall provide
TDSM access to the following:
2.1 Loops, as set forth in Section 3 of this Attachment;
2.2 Line Splitting (also referred to as “Loop Sharing”), as set forth in Section 4 of this
Attachment;
2.3 Sub-Loops, as set forth in Section 5 of this Attachment;
2.4 Dark Fiber Transport (sometimes referred to as “Dark Fiber IOF”), as set forth in
Section 6 of this Attachment;
2.5 Network Interface Device, as set forth in Section 7 of this Attachment;
2.6 Dedicated Transport (may also be referred to as “Interoffice Transmission
Facilities”) (or “IOF”), as set forth in Section 8 of this Attachment;
2.7 Operations Support Systems, as set forth in Section 9 of this Attachment; and
2.8 Other UNEs in accordance with Section 10 of this Attachment.
3. Loop Transmission Types
3.1 Subject to the conditions set forth in Section 1 of this Attachment, Frontier shall
allow TDSM to access Loops unbundled from local switching and local transport,
in accordance with this Section 3 and the rates and charges provided in the
Pricing Attachment. Frontier shall allow TDSM access to Loops in accordance
with, but only to extent required by, the Federal Unbundling Rules. Subject to the
foregoing and the provisions regarding FTTP Loops, in Section 3.4 below, and
Hybrid Loops, in Section 3.5 below, the available Loop types are as set forth
below:
3.1.1 “2 Wire Analog Voice Grade Loop” or “Analog 2W” provides an
effective 2-wire channel with 2-wire interfaces at each end that is
suitable for the transport of analog Voice Grade signals that support
300 to 3000 Hz and may include load coils, bridge taps, etc. If
“Customer-Specified Signaling” is requested, the Loop will operate
with one of the following signaling types that may be specified when
the Loop is ordered: loop-start, ground-start, loop-reverse-battery, and
no signaling. Frontier will not build new facilities or modify existing
facilities except to the extent required in Section 13 of this Attachment.
3.1.2 “4-Wire Analog Voice Grade Loop” or “Analog 4W” provides an
effective 4-wire channel with 4-wire interfaces at each end that is
suitable for the transport of analog Voice Grade signals that support
300 to 3000 Hz with send and receive transmission paths and may
include load coils, bridge taps, etc. This Loop type will operate with
one of the following signaling types that may be specified when the
Loop is ordered: loop-start, ground-start, loop-reverse-battery, duplex,
and no signaling. Frontier will not build new facilities or modify existing
facilities except to the extent required in Section 13 of this Attachment.
3.1.3 “2-Wire ISDN Digital Compatible Loop” or “BRI ISDN” provides a
channel with 2-wire interfaces at each end that is suitable for the
transport of 160 kbps digital services using the ISDN 2B1Q line code.
This Loop type is more fully described in American National Standards
TDS ID Final 07 10 19.docx 94
Institute (ANSI) T1.601-1998 and Frontier TR 72575, as revised from
time-to-time. In some cases loop extension equipment may be
necessary to bring the line loss within acceptable levels. Frontier will
provide loop extension equipment only upon request. A separate
charge will apply for loop extension equipment. Frontier will not build
new facilities or modify existing facilities except to the extent required
in Section 13 of this Attachment.
3.1.4 “2-Wire ADSL-Compatible Loop” or “ADSL 2W” provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
digital signals up to 8 Mbps toward the Customer and up to 1 Mbps
from the Customer. This Loop type is more fully described in Frontier
TR-72575, as revised from time-to-time. ADSL-Compatible Loops will
be available only where existing copper facilities are available and
meet applicable specifications. Frontier will not build new facilities or
modify existing facilities except to the extent required in Sections 3.2
or 13 of this Attachment. The upstream and downstream ADSL power
spectral density masks and dc line power limits in Frontier TR 72575,
as revised from time-to-time, must be met. “2-Wire HDSL-Compatible
Loop” or “HDSL 2W” consists of a single 2-wire non-loaded, twisted
copper pair that meets the carrier serving area design criteria. This
Loop type is more fully described in Frontier TR-72575, as revised
from time-to-time. The HDSL power spectral density mask and dc line
power limits referenced in Frontier TR 72575, as revised from time-to-
time, must be met. 2-Wire HDSL-Compatible Loops will be provided
only where existing facilities are available and can meet applicable
specifications. Frontier will not build new facilities or modify existing
facilities except to the extent required in Sections 3.2 or 13 of this
Attachment.
3.1.5 “4-Wire HDSL-Compatible Loop” or “HDSL 4W” consists of two 2-wire
non-loaded, twisted copper pairs that meet the carrier serving area
design criteria. This Loop type is more fully described in Frontier TR-
72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Frontier TR 72575,
as revised from time-to-time, must be met. 4-Wire HDSL-Compatible
Loops will be provided only where existing facilities are available and
can meet applicable specifications. Frontier will not build new facilities
or modify existing facilities except to the extent required in Sections
3.2 or 13 of this Attachment.
3.1.6 “4-Wire 56 kbps Loop” is a 4-wire Loop that provides a transmission
path that is suitable for the transport of digital data at a synchronous
rate of 56 kbps in opposite directions on such Loop simultaneously. A
4-Wire 56 kbps Loop consists of two pairs of non-loaded copper wires
with no intermediate electronics or it consists of universal digital loop
carrier with 56 kbps DDS dataport transport capability. Frontier shall
provide 4-Wire 56 kbps Loops to TDSM in accordance with, and
subject to, the technical specifications set forth in Frontier TR-72575,
as revised from time-to-time. Frontier will not build new facilities or
modify existing facilities except to the extent required in Section 13 of
this Attachment.
3.1.7 “DS1 Loops” provide a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals. This Loop type is more fully
described in Frontier TR 72575, as revised from time to time. The DS1
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Loop includes the electronics necessary to provide the DS1
transmission rate. If, at the requested installation date, the electronics
necessary to provide the DS1 transmission rate are not available for
the requested DS1 Loop, then Frontier will not install new electronics
except to the extent required in Section 13 of this Attachment. Frontier
will not build new facilities and will not modify existing facilities except
to the extent required in Section 13 of this Attachment. If the
electronics necessary to provide Clear Channel (B8ZS) signaling are
at the requested installation date available for a requested DS1 Loop,
upon request by TDSM, the DS1 Loop will be furnished with Clear
Channel (B8ZS) signaling. Frontier will not install new electronics to
furnish Clear Channel (B8ZS) signaling. For purposes of provisions
implementing any right Frontier may have to cease providing
unbundled access to DS1-capacity Loops under the TRRO pursuant to
Section 1 of this Attachment, the term "DS1 Loop" further includes any
type of Loop described in Section 3.1 of the Network Elements
Attachment that provides a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals, regardless of whether the
subject Loop meets the specific definition of a DS1 Loop set forth in
this section.
3.1.8 “DS3 Loops” will support the transmission of isochronous bipolar
serial data at a rate of 44.736 Mbps (the equivalent of 28 DS1
channels). The DS3 Loop includes the electronics necessary to
provide the DS3 transmission rate. If, at the requested installation
date, the electronics necessary to provide the DS3 transmission rate
are not available for the requested DS3 Loop, then Frontier will not
install new electronics except to the extent required in Section 13 of
this Attachment. Frontier will not build new facilities and will not
modify existing facilities except to the extent required in Section 13 of
this Attachment. For purposes of provisions implementing any right
Frontier may have to cease providing unbundled access to DS3-
capacity loops under the TRRO pursuant to Section 1 of this
Attachment, the term "DS3 Loop" further includes any type of Loop
described in Section 3.1 of the Network Elements Attachment that
provides a digital transmission channel suitable for the transport of
44.736 Mbps digital signals, regardless of whether the subject Loop
meets the specific definition of a DS3 Loop set forth in this section.
3.1.9 “Conditioned Loops” are comprised of designed loops that meet
specific TDSM requirements for metallic loops over 12k ft. or for
conditioning of 2-wire or 4-wire digital or BRI ISDN Loops.
“Conditioned Loops” may include requests for:
3.1.9.1 a 2W Digital Loop with a total loop length of 12k to 30k ft.,
unloaded, with the option to remove bridged tap (such a
Loop, unloaded, with bridged tap so removed shall be
deemed to be a “2W Digital Compatible Loop”);
3.1.9.2 a 2W Digital Loop of 12k to 18k ft. with an option to remove
load coils and/or bridged tap (such a Loop with load coils
and/or bridged tap so removed shall be deemed to be a
“2W Digital Compatible Loop”);
3.1.9.3 a 2W Digital or 4W Digital Loop of less than 12k ft. with an
option to remove bridged tap (such a 2W Loop with bridged
TDS ID Final 07 10 19.docx 96
tap so removed shall be deemed to be a “2W Digital
Compatible Loop”);
3.1.9.4 a 2W Digital Loop with Frontier-placed ISDN loop extension
electronics (such a Loop with ISDN loop extension
electronics so placed shall be deemed to be a “2W Digital
Compatible Loop”).
3.1.10 Frontier shall make Conditioned Loops available to TDSM at the rates
as set forth in the Pricing Attachment. TDSM agrees to pay the
quoted charges prior to commencement of work.
3.2 The following ordering procedures shall apply to xDSL Compatible Loops, Digital
Designed and Conditioned Loops:
3.2.1 TDSM shall place orders for xDSL Compatible Loops, Digital Designed
and Conditioned Loops by delivering to Frontier a valid electronic
transmittal Service Order or other mutually agreed upon type of
Service Order. Such Service Order shall be provided in accordance
with industry format and specifications or such format and
specifications as may be agreed to by the Parties.
3.2.2 The Parties will make reasonable efforts to coordinate their respective
roles in order to minimize provisioning problems. In general, where
conditioning or loop extensions are requested by TDSM, an interval of
eighteen (18) Business Days will be required by Frontier to complete
the loop analysis and the necessary construction work involved in
conditioning and/or extending the loop as follows:
3.2.2.1 Three (3) Business Days will be required following receipt of
TDSM’s valid, accurate and pre-qualified Service Order for
a Digital Designed or Conditioned Loop to analyze the loop
and related plant records and to create an Engineering
Work Order.
3.2.2.2 Upon completion of an Engineering Work Order, Frontier
will initiate the construction order to perform the
changes/modifications to the Loop requested by TDSM.
Conditioning activities are, in most cases, able to be
accomplished within fifteen (15) Business Days.
Unforeseen conditions may add to this interval.
After the engineering and conditioning tasks have been completed, the
standard Loop provisioning and installation process will be initiated,
subject to Frontier’s standard provisioning intervals.
3.2.3 If TDSM requires a change in scheduling, it must contact Frontier to
issue a supplement to the original Service Order. If TDSM cancels the
request for conditioning after a loop analysis has been completed but
prior to the commencement of construction work, TDSM shall
compensate Frontier for an Engineering Work Order charge as set
forth in the Pricing Attachment. If TDSM cancels the request for
conditioning after the loop analysis has been completed and after
construction work has started or is complete, TDSM shall compensate
Frontier for an Engineering Work Order charge as well as the charges
associated with the conditioning tasks performed as set forth in the
Pricing Attachment.
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3.3 Conversion of Live Telephone Exchange Service to Analog 2W Unbundled Local
Loops (Analog 2W Loops).
3.3.1 The following coordination procedures shall apply to “live” cutovers of
Frontier Customers who are converting their Telephone Exchange
Services to TDSM Telephone Exchange Services provisioned over
Analog 2W Loops to be provided by Frontier to TDSM:
3.3.1.1 Coordinated cutover charges shall apply to conversions of
live Telephone Exchange Services to Analog 2W Loops.
When an outside dispatch is required to perform a
conversion, additional charges may apply. If TDSM does
not request a coordinated cutover, Frontier will process
TDSM’s order as a new installation subject to applicable
standard provisioning intervals.
3.3.1.2 TDSM shall request Analog 2W Loops for coordinated
cutover from Frontier by delivering to Frontier a valid
electronic Local Service Request (“LSR”). Frontier agrees
to accept from TDSM the date and time for the conversion
designated on the LSR (“Scheduled Conversion Time”),
provided that such designation is within the regularly
scheduled operating hours of the Frontier Local Carrier
Service Center and subject to the availability of Frontier’s
work force. In the event that Frontier’s work force is not
available, TDSM and Frontier shall mutually agree on a
New Conversion Time, as defined below. TDSM shall
designate the Scheduled Conversion Time subject to
Frontier standard provisioning intervals as stated at
https://wholesale.frontier.com/wholesale under LSR, as
may be revised from time to time. Within three (3) Business
Days of Frontier's receipt of such valid LSR, or as otherwise
required by the Federal Unbundling Rules, Frontier shall
provide TDSM the scheduled due date for conversion of the
Analog 2W Loops covered by such LSR.
3.3.1.3 TDSM shall provide dial tone at the TDSM collocation site
at least forty-eight (48) hours prior to the Scheduled
Conversion Time.
3.3.1.4 Either Party may contact the other Party to negotiate a new
Scheduled Conversion Time (the “New Conversion Time”);
provided, however, that each Party shall use commercially
reasonable efforts to provide four (4) business hours’
advance notice to the other Party of its request for a New
Conversion Time. Any Scheduled Conversion Time or New
Conversion Time may not be rescheduled more than one
(1) time in a Business Day, and any two New Conversion
Times for a particular Analog 2W Loop shall differ by at
least eight (8) hours, unless otherwise agreed to by the
Parties.
3.3.1.5 If the New Conversion Time is more than one (1) business
hour from the original Scheduled Conversion Time or from
the previous New Conversion Time, the Party requesting
such New Conversion Time shall be subject to the
following:
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3.3.1.5.1 If Frontier requests to reschedule outside of the
one (1) hour time frame above, the Analog 2W
Loops Service Order Charge for the original
Scheduled Conversion Time or the previous
New Conversion Time shall be credited upon
request from TDSM; and
3.3.1.5.2 If TDSM requests to reschedule outside the one
(1) hour time frame above, TDSM shall be
charged an additional Analog 2W Loops Service
Order Charge for rescheduling the conversion to
the New Conversion Time.
3.3.1.6 If TDSM is not ready to accept service at the Scheduled
Conversion Time or at a New Conversion Time, as
applicable, an additional Service Order Charge shall apply.
If Frontier is not available or ready to perform the
conversion within thirty (30) minutes of the Scheduled
Conversion Time or New Conversion Time, as applicable,
Frontier and TDSM will reschedule and, upon request from
TDSM, Frontier will credit the Analog 2W Loop Service
Order Charge for the original Scheduled Conversion Time.
3.3.1.7 The standard time interval expected from disconnection of a
live Telephone Exchange Service to the connection of the
Analog 2W Loops to TDSM is fifteen (15) minutes per
Analog 2W Loop for all orders consisting of twenty (20)
Analog 2W Loops or less. Orders involving more than
twenty (20) Loops will require a negotiated interval.
3.3.1.8 Conversions involving LNP will be completed according to
North American Numbering Council (NANC) standards, via
the regional Number Portability Administration Center
(NPAC).
3.3.1.9 If TDSM requires Analog 2W Loop conversions outside of
the regularly scheduled Frontier Local Carrier Service
Center operating hours, such conversions shall be
separately negotiated. Additional charges (e.g. overtime
labor charges) may apply for desired dates and times
outside of regularly scheduled Local Carrier Service Center
operating hours.
3.4 FTTP Loops.
3.4.1 New Builds. Notwithstanding any other provision of the Agreement or
any Frontier Tariff, TDSM shall not be entitled to obtain access to a
FTTP Loop, or any segment thereof, on an unbundled basis when
Frontier deploys such a Loop to the Customer premises of an end user
that has not been served by any Frontier Loop other than a FTTP
Loop.
3.4.2 Overbuilds. Notwithstanding any other provision of the Agreement or
any Frontier Tariff, if (a) Frontier deploys an FTTP Loop to replace a
copper Loop previously used to serve a particular end user’s customer
premises, and (b) Frontier retires that copper Loop and there are no
other available copper Loops or Hybrid Loops for TDSM's provision of
TDS ID Final 07 10 19.docx 99
a voice grade service to that end user’s customer premises, then in
accordance with, but only to the extent required by, the Federal
Unbundling Rules, Frontier shall provide TDSM with nondiscriminatory
access on an unbundled basis to a transmission path capable of
providing DS0 voice grade service to that end user’s customer
premises.
3.5 Hybrid Loops.
3.5.1 Packet Switched Features, Functions, and Capabilities.
Notwithstanding any other provision of this Agreement or any Frontier
Tariff or SGAT, TDSM shall not be entitled to obtain access to the
Packet Switched features, functions, or capabilities of any Hybrid Loop
on an unbundled basis.
3.5.2 Broadband Services. Subject to the conditions set forth in Section 1 of
this Attachment, when TDSM seeks access to a Hybrid Loop for the
provision of "broadband services", as such term is defined by the FCC,
then in accordance with, but only to the extent required by, the Federal
Unbundling Rules, Frontier shall provide TDSM with unbundled access
to the existing time division multiplexing features, functions, and
capabilities of that Hybrid Loop, including DS1 or DS3 capacity (but
only where impairment has been found to exist, which, for the
avoidance of any doubt, does not include instances where Frontier is
not required to provide unbundled access to a DS1 Loop or a DS3
Loop under Section 1 of this Attachment) to establish a complete time
division multiplexing transmission path between the main distribution
frame (or equivalent) in a Frontier End Office serving an end user to
the demarcation point at the end user's Customer premises. This
access includes access to all features, functions, and capabilities of
the Hybrid Loop that are not used to transmit packetized information.
3.5.3 Narrowband Services. Subject to the conditions set forth in Section 1
of this Attachment, when TDSM seeks access to a Hybrid Loop for the
provision to its Customer of “narrowband services”, as such term is
defined by the FCC, then in accordance with, but only to the extent
required by, the Federal Unbundling Rules, Frontier shall, in its sole
discretion, either (a) provide access to a spare home-run copper Loop
serving that Customer on an unbundled basis, or (b) provide access,
on an unbundled basis, to a DS0 voice-grade transmission path
between the main distribution frame (or equivalent) in the end user’s
serving End Office and the end user’s Customer premises, using time
division multiplexing technology.
3.5.4 IDLC Hybrid Loops and Loops Provisioned via Loop Concentrator.
Subject to the conditions set forth in Section 1 of this Attachment, if
TDSM requests, in order to provide narrowband services, unbundling
of a 2 wire analog or 4 wire analog Loop currently provisioned via
Integrated Digital Loop Carrier (over a Hybrid Loop) or via Remote
Switching technology deployed as a Loop concentrator Frontier shall,
in accordance with but only to the extent required by the Federal
Unbundling Rules, provide TDSM unbundled access to a Loop
capable of voice-grade service to the end user Customer served by
the Hybrid Loop.
3.5.4.1 Frontier will endeavor to provide TDSM with an existing
copper Loop or a Loop served by existing Universal Digital
TDS ID Final 07 10 19.docx 100
Loop Carrier (“UDLC”). Standard recurring and non-
recurring Loop charges will apply. In addition, a non-
recurring charge will apply whenever a line and station
transfer is performed.
3.5.4.2 If neither a copper Loop nor a Loop served by UDLC is
available, Frontier shall, upon request of TDSM, provide
unbundled access to a DS0 voice-grade transmission path
between the main distribution frame (or equivalent) in the
end user’s serving End Office and the end user’s Customer
premises via such technically feasible alternative that
Frontier in its sole discretion may elect to employ. In
addition to the rates and charges payable in connection
with any unbundled Loop so provisioned by Frontier, TDSM
shall be responsible for any of the following charges that
apply in the event the technically feasible option involves
construction, installation, or modification of facilities: (a) an
engineering query charge for preparation of a price quote;
(b) upon TDSM’s submission of a firm construction order,
an engineering work order nonrecurring charge; and (c)
construction charges, as set forth in the price quote. If the
order is cancelled by TDSM after construction work has
started, TDSM shall be responsible for cancellation charges
and a pro-rated charge for construction work performed
prior to the cancellation.
3.5.4.3 Frontier may exclude its performance in connection with
providing unbundled Loops pursuant to this Section 3.5.4
from standard provisioning intervals and performance
measures and remedies, if any, contained in the Agreement
or elsewhere.
4. Line Splitting (also referred to as “Loop Sharing”)
4.1 Line Splitting is a process in which one Carrier provides narrowband voice
service over the low frequency portion of an unbundled copper Loop obtained
from Frontier (such Carrier may be referred to as the "FLEC") and a second
Carrier provides digital subscriber line service over the high frequency portion of
that same Loop (such Carrier may be referred to as the "DLEC"). Line Splitting is
accomplished through the use of a splitter collocated at the Frontier central office
where the Loop terminates into a distribution frame or its equivalent.
4.2 Subject to the conditions set forth in Section 1 of this Attachment, TDSM may
engage in Line Splitting, in accordance with this Section 4 and the rates and
charges provided for in the Pricing Attachment. Frontier shall provide access to
Line Splitting in accordance with, but only to the extent required by, the Federal
Unbundling Rules.
4.3 Any Line Splitting between TDSM and another Carrier shall be accomplished by
prior negotiated arrangement between TDSM and the other Carrier. TDSM shall
give Frontier written notice of this arrangement through the Frontier Global
Wholesale Local Service Customer Profile Form on the Frontier Communications
website, or such other electronic notice mechanism that Frontier may make
available, at least thirty (30) days prior to placing an order for a Line Splitting
arrangement with such other Carrier. The other Carrier must have an
interconnection agreement with Frontier that permits it to engage in Line Splitting
with TDSM. The FLEC shall be responsible for all rates and charges associated
TDS ID Final 07 10 19.docx 101
with the subject Loop as well as rates and charges associated with the DLEC's
use of the high frequency portion of the Loop, including, but not limited to, service
order charges, provisioning and installation charges, central office wiring, loop
qualification charges, and OSS charges.
4.4 In order to facilitate TDSM’s engaging in Line Splitting pursuant to this Section 4,
TDSM may order for use in a Line Splitting arrangement, those Network
Elements, Combinations, Collocation arrangements, services, facilities,
equipment and arrangements, appropriate for Line Splitting, that are offered to
TDSM by Frontier under the other sections of this Agreement. Such Network
Elements, Combinations, Collocation arrangements, services, facilities,
equipment and arrangements, will be provided to TDSM in accordance with, and
subject to, the rates and charges and other provisions of this Agreement and
Frontier’s applicable Tariffs. Frontier shall be obligated to provide Network
Elements, Combinations, Collocation arrangements, services, facilities,
equipment and arrangements, for Line Splitting only to the extent required by the
Federal Unbundling Rules.
4.5 TDSM and/or the other participating Carrier shall provide any splitters and/or
Digital Subscriber Line Access Multiplexers used in a Line Splitting arrangement.
4.6 The standard provisioning interval for the Line Splitting arrangement shall be as
set out in the Frontier Product Interval Guide; provided that the standard
provisioning interval for a Line Splitting arrangement shall not exceed the
shortest of the following intervals: (1) the standard provisioning interval for a Line
Splitting arrangement if stated in an applicable Frontier Tariff; or, (2) the standard
provisioning interval for a Line Splitting arrangement, if any, established in
accordance with the Federal Unbundling Rules. The standard provisioning
interval for a Line Splitting arrangement shall commence only after any required
engineering and conditioning tasks have been completed. The standard
provisioning interval shall not apply where a Line and Station Transfer is
performed.
4.7 Frontier shall not be liable for any claims, damages, penalties, liabilities or the
like of any kind for disruptions to either TDSM’s or the other Carrier’s respective
voice or data services over a Line Splitting arrangement.
5. Sub-Loop
Subject to the conditions set forth in Section 1 of this Attachment and upon request by
TDSM, Frontier shall allow TDSM to access Sub-Loops unbundled from local switching
and transport, in accordance with the terms of this Section 6 and the rates and charges
set forth in the Pricing Attachment. Frontier shall allow TDSM access to Sub-Loops in
accordance with, but only to the extent required by, the Federal Unbundling Rules. The
available Sub-Loop types are as set forth below.
5.1 Unbundled Sub-Loop Arrangement– Distribution (USLA).
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by TDSM, Frontier shall provide TDSM with access to a Sub-Loop
Distribution Facility in accordance with, and subject to, the terms and provisions
of this Section 5.1, the rates set forth in the Pricing Attachment, and the rates,
terms and conditions set forth in Frontier’s applicable Tariffs. Frontier shall
provide TDSM with access to a Sub-Loop Distribution Facility in accordance with,
but only to the extent required by, the Federal Unbundling Rules.
TDS ID Final 07 10 19.docx 102
5.1.1 TDSM may request that Frontier reactivate (if available) an unused
drop and NID or provide TDSM with access to a drop and NID that, at
the time of TDSM’s request, Frontier is using to provide service to the
Customer (as such term is hereinafter defined).
5.1.2 Upon site-specific request, TDSM may obtain access to the Sub-Loop
Distribution Facility at a technically feasible access point located near
a Frontier remote terminal equipment enclosure at the rates and
charges provided for in the Pricing Attachment. It is not technically
feasible to access the Sub-Loop Distribution Facility if a technician
must access the facility by removing a splice case to reach the wiring
within the cable. TDSM may obtain access to a Sub-Loop Distribution
Facility through any method required by the Federal Unbundling
Rules, in addition to existing methods such as from a
Telecommunications outside plant interconnection cabinet (“TOPIC”)
or, if TDSM is collocated at a remote terminal equipment enclosure
and the feeder distribution interface (“FDI”) for such Sub-Loop
Distribution Facility is located in such enclosure, from the collocation
arrangement of TDSM at such terminal. If TDSM obtains access to a
Sub-Loop Distribution Facility from a TOPIC, TDSM shall install a
TOPIC on an easement or Right of Way obtained by TDSM within 100
feet of the Frontier FDI to which such Sub-Loop Distribution Facility is
connected. A TOPIC must comply with applicable industry standards.
Subject to the terms of applicable Frontier easements, Frontier shall
furnish and place an interconnecting cable between a Frontier FDI and
a TDSM TOPIC and Frontier shall install a termination block within
such TOPIC. Frontier shall retain title to and maintain the
interconnecting cable. Frontier shall not be responsible for building,
maintaining or servicing the TOPIC and shall not provide any power
that might be required by TDSM for any of TDSM's electronics in the
TOPIC. TDSM shall provide any easement, Right of Way or trenching
or supporting structure required for any portion of an interconnecting
cable that runs beyond a Frontier easement.
5.1.3 TDSM may request from Frontier by submitting a loop make-up
engineering query to Frontier, and Frontier shall provide to TDSM, the
following information regarding a Sub-Loop Distribution Facility that
serves an identified Customer: the Sub-Loop Distribution Facility’s
length and gauge; whether the Sub-Loop Distribution Facility has
loading and bridged tap; the amount of bridged tap (if any) on the Sub-
Loop Distribution Facility; and, the location of the FDI to which the
Sub-Loop Distribution Facility is connected.
5.1.4 To order access to a Sub-Loop Distribution Facility from a TOPIC,
TDSM must first request that Frontier connect the Frontier FDI to
which the Sub-Loop Distribution Facility is connected to a TDSM
TOPIC. To make such a request, TDSM must submit to Frontier an
application, a “Feeder Distribution Interface Interconnection
Application”, (“FDII”) that identifies the FDI at which TDSM wishes to
access the Sub-Loop Distribution Facility. An FDII Application shall
state the location of the TOPIC, the size of the interconnecting cable
and a description of the cable’s supporting structure. It shall also
include a five-year forecast of TDSM’s demand for access to Sub-
Loop Distribution Facilities at the requested FDI. TDSM must submit
the application fee set forth in the Pricing Attachment attached hereto
TDS ID Final 07 10 19.docx 103
and Frontier’s applicable Tariffs with the FDII Application. TDSM must
submit FDII Applications to:
Frontier Communications
Collocation Manager
1500 MacCorkle Ave, SE Rm-100
Charleston, WV 25396
Email Address: [e-mail]

5.1.5 Within sixty (60) days after it receives a complete FDII Application for
access to a Sub-Loop Distribution Facility and the FDII Application Fee
for such application, Frontier shall provide to TDSM a work order that
describes the work that Frontier must perform to provide such access
(an “FDII Work Order”) and a statement of the cost of such work (an
“FDII Cost Statement”).
5.1.6 TDSM shall pay to Frontier fifty percent (50%) of the cost set forth in
the FDII Cost Statement within sixty (60) days of TDSM’s receipt of
such statement and the associated FDII Work Order, and Frontier
shall not be obligated to perform any of the work set forth in such order
until Frontier has received such payment. An FDII Application shall be
deemed to have been withdrawn if TDSM breaches its payment
obligation under this Section. Upon Frontier’s completion of the work
that Frontier must perform to provide TDSM with access to a Sub-
Loop Distribution Facility, Frontier shall bill TDSM, and TDSM shall
pay to Frontier, the balance of the cost set forth in the FDII Cost
Statement for such access.
5.1.7 After Frontier has completed the installation of the interconnecting
cable to a TDSM TOPIC and TDSM has paid the full cost of such
installation, TDSM can request the connection of Frontier Sub-Loop
Distribution Facilities to the TDSM TOPIC. At the same time, TDSM
shall advise Frontier of the services that TDSM plans to provide over
the Sub-Loop Distribution Facility, request any conditioning of the Sub-
Loop Distribution Facility and assign the pairs in the interconnecting
cable. TDSM shall run any crosswires within the TOPIC.
5.1.8 If TDSM requests that Frontier reactivate an unused drop and NID,
then TDSM shall provide dial tone (or its DSL equivalent) on the
TDSM side of the applicable Frontier FDI at least twenty-four (24)
hours before the due date. On the due date, a Frontier technician will
run the appropriate cross connection to connect the Frontier Sub-Loop
Distribution Facility to the TDSM dial tone or equivalent from the
TOPIC. If TDSM requests that Frontier provide TDSM with access to a
Sub-Loop Distribution Facility that, at the time of TDSM’s request,
Frontier is using to provide service to a Customer, then, after TDSM
has looped two interconnecting pairs through the TOPIC and at least
twenty four (24) hours before the due date, a Frontier technician shall
crosswire the dial tone from the Frontier central office through the
Frontier side of the TOPIC and back out again to the Frontier FDI and
Frontier Sub-Loop Distribution Facility using the “loop through”
approach. On the due date, TDSM shall disconnect Frontier’s dial
tone, crosswire its dial tone to the Sub-Loop Distribution Facility and
submit TDSM’s LNP request.
5.1.9 Frontier will not provide access to a Sub-Loop Distribution Facility if
Frontier is using the loop of which the Sub-Loop Distribution Facility is
TDS ID Final 07 10 19.docx 104
a part to provide line sharing service to another Carrier or a service
that uses derived channel technology to a Customer unless such other
Carrier first terminates the Frontier-provided line sharing or such
Customer first disconnects the service that utilizes derived channel
technology.
5.1.10 Frontier shall provide TDSM with access to a Sub-Loop Distribution
Facility in accordance with negotiated intervals
5.1.11 Frontier shall repair and maintain a Sub-Loop Distribution Facility at
the request of TDSM and subject to the time and material rates set
forth in Pricing Attachment and the rates, terms and conditions of
Frontier’s applicable Tariffs. TDSM accepts responsibility for initial
trouble isolation for Sub-Loop Distribution Facilities and providing
Frontier with appropriate dispatch information based on its test results.
If (a) TDSM reports to Frontier a Customer trouble, (b) TDSM requests
a dispatch, (c) Frontier dispatches a technician, and (d) such trouble
was not caused by Frontier Sub-Loop Distribution Facility facilities or
equipment in whole or in part, TDSM shall pay Frontier the charges set
forth in the Pricing Attachment and Frontier’s applicable Tariffs for time
associated with said dispatch. In addition, these charges also apply
when the Customer contact as designated by TDSM is not available at
the appointed time. If as the result of TDSM instructions, Frontier is
erroneously requested to dispatch to a site on Frontier company
premises (“dispatch in”), the charges set forth in Pricing Attachment
and Frontier’s applicable Tariffs will be assessed per occurrence to
TDSM by Frontier. If as the result of TDSM instructions, Frontier is
erroneously requested to dispatch to a site outside of Frontier company
premises ("dispatch out"), the charges set forth in Pricing Attachment
and Frontier’s applicable Tariffs will be assessed per occurrence to
TDSM by Frontier.
5.2 Collocation in Remote Terminals.
To the extent required by Applicable Law, Frontier shall allow TDSM to collocate
equipment in a Frontier remote terminal equipment enclosure in accordance with,
and subject to, the rates, terms and conditions set forth in the Collocation
Attachment and the Pricing Attachment.
6. Dark Fiber Transport
6.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by TDSM, Frontier shall provide TDSM with access to unbundled Dark
Fiber Transport in accordance with, and subject to, the rates, terms and
conditions provided in the Pricing Attachment and rates, terms and conditions of
Frontier’s applicable Tariffs. Frontier shall not be required to provide, and TDSM
shall not request or obtain, unbundled access to any dark fiber facility that does
not meet the definition of Dark Fiber Transport. For the avoidance of any doubt,
notwithstanding any other provision of this Agreement, a Frontier Tariff, or
otherwise, Frontier shall not be required to provide, and TDSM shall not request
or obtain, Dark Fiber Transport that does not connect a pair of Frontier UNE Wire
Centers. Access to unbundled Dark Fiber Transport will be provided by Frontier
only where existing facilities are available except as provided in Section 13
below. Access to Dark Fiber Transport will be provided in accordance with, but
only to the extent required by, the Federal Unbundling Rules. Dark Fiber
Transport consists of Frontier optical transmission facilities without attached
TDS ID Final 07 10 19.docx 105
multiplexers, aggregation or other electronics. To the extent Frontier’s Dark
Fiber Transport contains any lightwave repeaters (e.g., regenerators or optical
amplifiers) installed thereon, Frontier shall not remove the same. Except as
otherwise required by the Federal Unbundling Rules, the following terms and
conditions apply to Frontier's Dark Fiber Transport offerings.
6.2 In addition to the other terms and conditions of this Agreement, the following
terms and conditions shall apply to Dark Fiber Transport:
6.2.1 TDSM may access Dark Fiber Transport only at a pre-existing Frontier
accessible terminal of such Dark Fiber Transport, and TDSM may not
access Dark Fiber Transport at any other point, including, but not
limited to, a splice point or case. Dark Fiber Transport is not available
to TDSM unless such Dark Transport is already terminated on an
existing Frontier accessible terminal. Unused fibers located in a cable
vault or a controlled environment vault, manhole or other location
outside the Frontier UNE Wire Center, and not terminated to a fiber
patch panel, are not available to TDSM.
6.2.2 Except if and, to the extent required by, the Federal Unbundling Rules
and Section 13 below, Frontier will not perform splicing (e.g., introduce
additional splice points or open existing splice points or cases) to
accommodate TDSM’s request.
6.2.3 Frontier shall perform all work necessary to install a cross connect or a
fiber jumper from a Frontier accessible terminal to a TDSM collocation
arrangement.
6.2.4 A "Dark Fiber Inquiry Form" must be submitted prior to submitting an
ASR. Upon receipt of TDSM’s completed Dark Fiber Inquiry Form,
Frontier will initiate a review of its cable records to determine whether
Dark Fiber Transport may be available between the locations and in
the quantities specified. Frontier will respond within fifteen (15)
Business Days from receipt of the TDSM’s Dark Fiber Inquiry Form,
indicating whether Dark Fiber Transport may be available (if so
available, an “Acknowledgement”) based on the records search except
that for voluminous requests or large, complex projects, Frontier
reserves the right to negotiate a different interval. The Dark Fiber
Inquiry is a record search and does not guarantee the availability of
Dark Fiber Transport. Where a direct Dark Fiber Transport route is not
available, Frontier will provide, where available, Dark Fiber Transport
via a reasonable indirect route that passes through intermediate
Frontier Central Offices at the rates set forth in the Pricing Attachment.
In cases where Frontier provides Dark Fiber Transport via an indirect
route as described in this section, TDSM shall not be permitted to
access the Dark Fiber Transport at any intermediate central office
between the two Frontier central offices that are the end points of the
route. In no event shall Frontier be required to provide Dark Fiber
Transport between two central offices that are the end points of a
route on which Frontier is not required under the Federal Unbundling
Rules to provide Dark Fiber Transport to TDSM. Frontier reserves the
right to limit the number of intermediate Frontier Central Offices on an
indirect route consistent with limitations in Frontier’s network design
and/or prevailing industry practices for optical transmission
applications. Any limitations on the number of intermediate Frontier
Central Offices will be discussed with TDSM. If access to Dark Fiber
Transport is not available, Frontier will notify TDSM, within fifteen (15)
TDS ID Final 07 10 19.docx 106
Business Days, that no spare Dark Fiber Transport is available over
the direct route nor any reasonable alternate indirect route, except that
for voluminous requests or large, complex projects, Frontier reserves
the right to negotiate a different interval. Where no available route
was found during the record review, Frontier will identify the first
blocked segment on each alternate indirect route and which
segment(s) in the alternate indirect route are available prior to
encountering a blockage on that route, at the rates set forth in the
Pricing Attachment.
6.2.4.1 TDSM shall indicate on the Dark Fiber Inquiry Form
whether the available Dark Fiber should be reserved, at the
rates set forth in the Pricing Attachment, pending receipt of
an order for the Dark Fiber.
6.2.4.2 Upon request from TDSM as indicated on the Dark Fiber
Inquiry Form, Frontier shall hold such requested Dark Fiber
Transport for TDSM’s use for ten (10) Business Days from
TDSM’s receipt of Acknowledgement and may not allow
any other party (including Frontier) to use such fiber during
that time period.
6.2.4.3 TDSM shall submit an order for the reserved Dark Fiber
Transport as soon as possible using the standard ordering
process or parallel provisioning process as described in
Section 8.2.5.5. The standard ordering process shall be
used when TDSM does not have additional requirements
for collocation. The parallel provisioning process shall be
used when TDSM requires new collocation facilities or
changes to existing collocation arrangements.
6.2.4.4 If no order is received from TDSM for the reserved Dark
Fiber Transport within ten (10) Business Days from TDSM’s
receipt of Acknowledgement, Frontier shall return to spare
the reserved Dark Fiber Transport that Frontier previously
notified TDSM are available. Should TDSM submit an
order to Frontier after the ten (10) Business Day reservation
period for access to Dark Fiber Transport that Frontier has
previously notified TDSM was available, TDSM assumes all
risk that such Dark Fiber Transport will no longer be
available.
6.2.4.5 Upon TDSM’s request, the Parties will conduct parallel
provisioning of collocation and Dark Fiber Transport in
accordance with the following terms and conditions:
6.2.4.5.1 TDSM will use existing interfaces and Frontier’s
current applications and order forms to request
collocation and Dark Fiber Transport.
6.2.4.5.2 Frontier will parallel process TDSM’s requests
for collocation, including augments, and Dark
Fiber Transport.
6.2.4.5.3 Before TDSM submits a request for parallel
provisioning of collocation and Dark Fiber
Transport, TDSM will:
TDS ID Final 07 10 19.docx 107
6.2.4.5.3.1 submit a Dark Fiber Inquiry Form
and receive an Acknowledgement
from Frontier; and
6.2.4.5.3.2 submit a collocation application
for the Frontier Central Office(s)
where the Dark Fiber Transport
terminates and receive
confirmation from Frontier that
TDSM’s collocation application
has been accepted.
6.2.4.5.4 TDSM will prepare requests for parallel
provisioning of collocation and Dark Fiber
Transport in the manner and form reasonably
specified by Frontier.
6.2.4.5.5 If Frontier rejects TDSM’s Dark Fiber Transport
request, TDSM may cancel its collocation
application within five (5) Business Days of such
rejection and receive a refund of the collocation
application fee paid by TDSM, less the costs
Frontier incurred to date.
6.2.4.5.6 If Frontier accepts TDSM’s Dark Fiber Transport
request, Frontier will parallel provision the Dark
Transport to a temporary location in Frontier’s
Central Office(s). Frontier will charge and
TDSM will pay for parallel provisioning of such
Dark Fiber Transport at the rates specified in the
Pricing Attachment beginning on the date that
Frontier accepts each Dark Fiber Transport
request.
6.2.4.5.7 Within ten (10) days after Frontier completes a
TDSM collocation application, TDSM shall
submit a Dark Fiber change request to
reposition Dark Fiber Transport from the
temporary location in that Frontier Central
Office(s) to the permanent location at TDSM’s
collocation arrangement in such Frontier Central
Office(s). TDSM will prepare such request(s) in
the manner and form specified by Frontier.
6.2.4.5.8 If TDSM cancels its collocation application,
TDSM must also submit a cancellation for the
unbundled Dark Fiber Transport provisioned to
the temporary location in the Frontier Central
Office(s).
6.2.5 TDSM shall order Dark Fiber Transport by sending to Frontier a
separate ASR for each A to Z route.
6.2.6 Where a collocation arrangement can be accomplished in a Frontier
premises, access to Dark Fiber Transport that terminates in a Frontier
premises must be accomplished via a collocation arrangement in that
Frontier premises. In circumstances where a collocation arrangement
TDS ID Final 07 10 19.docx 108
cannot be accomplished in a Frontier premises, the Parties agree to
negotiate for possible alternative arrangements.
6.2.7 Except as provided in Section 13 below, Dark Fiber Transport will be
offered to TDSM in the condition that it is available in Frontier's
network at the time that TDSM submits its request (i.e., "as is"). In
addition, Frontier shall not be required to convert lit fiber to Dark Fiber
Transport for TDSM’s use.
6.2.8 Spare wavelengths on fiber strands, where Wave Division Multiplexing
(WDM) or Dense Wave Division Multiplexing (DWDM) equipment is
deployed, are not considered to be Dark Fiber Transport, and,
therefore, will not be offered to TDSM as Dark Fiber Transport.
6.2.9 Fiber that has been assigned to fulfill a Customer order for
maintenance purposes or for Frontier’s lit fiber optic systems will not
be offered to TDSM as Dark Fiber Transport.
6.2.10 TDSM shall be responsible for providing all transmission, terminating
and lightwave repeater equipment necessary to light and use Dark
Fiber Transport.
6.2.11 TDSM may not resell Dark Fiber Transport, purchased pursuant to this
Agreement to third parties.
6.2.12 Except to the extent that Frontier is required by the Federal
Unbundling Rules to provide Dark Fiber Transport to TDSM for use for
Special or Switched Exchange Access Services, TDSM shall not use
Dark Fiber Transport, for Special or Switched Exchange Access
Services.
6.2.13 In order to preserve the efficiency of its network, Frontier may, upon a
showing of need to the Commission, limit TDSM to leasing up to a
maximum of twenty-five percent (25%) of the Dark Fiber Transport in
any given segment of Frontier's network. In addition, except as
otherwise required by the Federal Unbundling Rules, Frontier may
take any of the following actions, notwithstanding anything to the
contrary in this Agreement:
6.2.13.1 Revoke Dark Fiber Transport leased to TDSM upon a
showing of need to the Commission and twelve (12)
months' advance written notice to TDSM; and
6.2.13.2 Frontier reserves and shall not waive, Frontier’s right to
claim before the Commission that Frontier should not have
to fulfill a TDSM order for Dark Transport because that
request would strand an unreasonable amount of fiber
capacity, disrupt or degrade service to Customers or
carriers other than TDSM, or impair Frontier’s ability to
meet a legal obligation.
6.2.14 Except as expressly set forth in this Agreement, TDSM may not
reserve Dark Fiber Transport.
6.2.15 TDSM shall be solely responsible for: (a) determining whether or not
the transmission characteristics of the Dark Fiber Transport
accommodate the requirements of TDSM; (b) obtaining any Rights of
TDS ID Final 07 10 19.docx 109
Way, governmental or private property permit, easement or other
authorization or approval required for access to the Dark Fiber
Transport; (c) installation of fiber optic transmission equipment needed
to power the Dark Fiber Transport to transmit permitted traffic; and (d)
except as set forth with respect to the parallel provisioning process
addressed above, TDSM’s collocation arrangements with any proper
optical cross connects or other equipment that TDSM needs to access
Dark Fiber Transport before it submits an order for such access.
TDSM hereby represents and warrants that it shall have all such rights
of way, authorizations and the like applicable to the location at which it
wishes to establish a demarcation point for Dark Fiber Transport, on or
before the date that TDSM places an order for the applicable Dark
Fiber Transport, and that it shall maintain the same going forward.
6.2.16 TDSM is responsible for trouble isolation before reporting trouble to
Frontier. Frontier will restore continuity to Dark Fiber Transport that
has been broken. Frontier will not repair Dark Fiber Transport that is
capable of transmitting light, even if the transmission characteristics of
the Dark Fiber Transport has changed.
6.2.17 TDSM may request the following, which shall be provided on a time
and materials basis (as set forth in the Pricing Attachment):
6.2.17.1 A field survey that shows the availability of Dark Fiber
Transport between two or more Frontier Central Offices,
shows whether or not such Dark Fiber Transport is
defective, shows whether or not such Dark Fiber Transport
has been used by Frontier for emergency restoration
activity, and tests the transmission characteristics of
Frontier’s Dark Fiber Transport. If a field survey shows that
Dark Fiber Transport is available, TDSM may reserve the
Dark Fiber Transport, as applicable, for ten (10) Business
Days from receipt of Frontier’s field survey results. If TDSM
submits an order for access to such Dark Fiber Transport
after passage of the foregoing ten (10) Business Day
reservation period, Frontier does not guarantee or warrant
the Dark Fiber Transport will be available when Frontier
receives such order, and TDSM assumes all risk that the
Dark Fiber Transport will not be available. Frontier shall
perform a field survey subject to a negotiated interval. If a
TDSM submits an order for Dark Fiber Transport without
first obtaining the results of a field survey of such Dark
Fiber Transport, TDSM assumes all risk that the Dark Fiber
Transport will not be compatible with TDSM’s equipment,
including, but not limited to, order cancellation charges.
7. Network Interface Device
7.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by TDSM, Frontier shall permit TDSM to connect a TDSM Loop to the
Inside Wiring of a Customer's premises through the use of a Frontier NID in
accordance with this Section 7 and the rates and charges provided in the Pricing
Attachment. Frontier shall provide TDSM with access to NIDs in accordance
with, but only to the extent required by, the Federal Unbundling Rules. TDSM
may access a Frontier NID either by means of a connection (but only if the use of
such connection is technically feasible) from an adjoining TDSM NID deployed by
TDSM or, if an entrance module is available in the Frontier NID, by connecting a
TDS ID Final 07 10 19.docx 110
TDSM Loop to the Frontier NID. When necessary, Frontier will rearrange its
facilities to provide access to an existing Customer’s Inside Wire. An entrance
module is available only if facilities are not connected to it.
7.2 In no case shall TDSM access, remove, disconnect or in any other way
rearrange Frontier’s Loop facilities from Frontier’s NIDs, enclosures, or
protectors.
7.3 In no case shall TDSM access, remove, disconnect or in any other way
rearrange, a Customer’s Inside Wiring from Frontier’s NIDs, enclosures, or
protectors where such Customer Inside Wiring is used in the provision of ongoing
Telecommunications Service to that Customer.
7.4 In no case shall TDSM remove or disconnect ground wires from Frontier’s NIDs,
enclosures, or protectors.
7.5 In no case shall TDSM remove or disconnect NID modules, protectors, or
terminals from Frontier’s NID enclosures.
7.6 Maintenance and control of premises Inside Wiring is the responsibility of the
Customer. Any conflicts between service providers for access to the Customer’s
Inside Wiring must be resolved by the person who controls use of the wiring
(e.g., the Customer).
7.7 When TDSM is connecting a TDSM-provided Loop to the Inside Wiring of a
Customer’s premises through the Customer’s side of the Frontier NID, TDSM
does not need to submit a request to Frontier and Frontier shall not charge
TDSM for access to the Frontier NID. In such instances, TDSM shall comply with
the provisions of Sections 7.2 through 7.7 of this Attachment and shall access
the Customer’s Inside Wire in the manner set forth in Section 7.8 of this
Attachment.
7.8 Due to the wide variety of NIDs utilized by Frontier (based on Customer size and
environmental considerations), TDSM may access the Customer’s Inside Wiring,
acting as the agent of the Customer by any of the following means:
7.8.1 Where an adequate length of Inside Wiring is present and
environmental conditions permit, TDSM may remove the Inside Wiring
from the Customer’s side of the Frontier NID and connect that Inside
Wiring to TDSM’s NID.
7.8.2 Where an adequate length of Inside Wiring is not present or
environmental conditions do not permit, TDSM may enter the
Customer side of the Frontier NID enclosure for the purpose of
removing the Inside Wiring from the terminals of Frontier’s NID and
connecting a connectorized or spliced jumper wire from a suitable
“punch out” hole of such NID enclosure to the Inside Wiring within the
space of the Customer side of the Frontier NID. Such connection shall
be electrically insulated and shall not make any contact with the
connection points or terminals within the Customer side of the Frontier
NID.
7.8.3 TDSM may request Frontier to make other rearrangements to the
Inside Wiring terminations or terminal enclosure on a time and
materials cost basis to be charged to the requesting party (i.e. TDSM,
its agent, the building owner or the Customer). If TDSM accesses the
Customer’s Inside Wiring as described in this Section 7.8.3, time and
TDS ID Final 07 10 19.docx 111
materials charges will be billed to the requesting party (i.e. TDSM, its
agent, the building owner or the Customer).
8. Dedicated Transport
8.1 Subject to the conditions set forth in Section 1 of this Attachment, where facilities
are available, at TDSM’s request, Frontier shall provide TDSM with Dedicated
Transport unbundled from other Network Elements at the rates set forth in the
Pricing Attachment. Frontier shall provide TDSM with such Dedicated Transport
in accordance with, but only to the extent required by, the Federal Unbundling
Rules. Except as provided in Section 13 below, Frontier will not install new
electronics, and Frontier will not build new facilities. For the avoidance of any
doubt, notwithstanding any other provision of this Agreement, Frontier shall not
be required to provide, and TDSM shall not request or obtain, unbundled access
to shared (or common) transport, or any other interoffice transport facility that
does not meet the definition of Dedicated Transport.
8.2 If and, to the extent that, TDSM has purchased (or purchases) transport from
Frontier under a Frontier Tariff or otherwise, and TDSM has a right under the
Federal Unbundling Rules to convert (and wishes to convert) such transport to
unbundled Dedicated Transport under this Agreement, it shall give Frontier
written notice of such request (including, without limitation, through submission of
ASRs if Frontier so requests) and provide to Frontier all information (including,
without limitation, a listing of the specific circuits in question) that Frontier
reasonably requires to effectuate such conversion. In the case of any such
conversion, TDSM shall pay any and all conversion charges (e.g., non-recurring
charges), as well as any and all termination liabilities, minimum service period
charges and like charges in accordance with Frontier’s applicable Tariffs. If the
transport to be converted comprises a portion of a High Capacity EEL (as defined
in Section 12.2.1 below), the applicable provisions of Section 12 below shall
apply.
9. Operations Support Systems
Subject to the conditions set forth in Section 1 of this Attachment and in Section 6 of the
Additional Services Attachment, Frontier shall provide TDSM with access via electronic
interfaces to databases required for pre-ordering, ordering, provisioning, maintenance
and repair, and billing. Frontier shall provide TDSM with such access in accordance with,
but only to the extent required by, the Federal Unbundling Rules. All such transactions
shall be submitted by TDSM through such electronic interfaces.
10. Availability of Other Network Elements on an Unbundled Basis
10.1 Any request by TDSM for access to a Frontier Network Element that is not
already available and that Frontier is required by the Federal Unbundling Rules
to provide on an unbundled basis shall be treated as a Network Element Bona
Fide Request pursuant to Section 10.3, of this Attachment. TDSM shall provide
Frontier access to its Network Elements as mutually agreed by the Parties or as
required by the Federal Unbundling Rules.
10.2 Notwithstanding anything to the contrary in this Section 10, a Party shall not be
required to provide a proprietary Network Element to the other Party under this
Section 10 except as required by the Federal Unbundling Rules.
10.3 Network Element Bona Fide Request (BFR).
TDS ID Final 07 10 19.docx 112
10.3.1 Each Party shall promptly consider and analyze access to a new
unbundled Network Element in response to the submission of a
Network Element Bona Fide Request by the other Party hereunder.
The Network Element Bona Fide Request process set forth herein
does not apply to those services requested pursuant to Report &
Order and Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992)
¶ 259 and n.603 or subsequent orders.
10.3.2 A Network Element Bona Fide Request shall be submitted in writing
and shall include a technical description of each requested Network
Element.
10.3.3 The requesting Party may cancel a Network Element Bona Fide
Request at any time, but shall pay the other Party's reasonable and
demonstrable costs of processing and/or implementing the Network
Element Bona Fide Request up to the date of cancellation.
10.3.4 Within ten (10) Business Days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
10.3.5 Except under extraordinary circumstances, within thirty (30) days of its
receipt of a Network Element Bona Fide Request, the receiving Party
shall provide to the requesting Party a preliminary analysis of such
Network Element Bona Fide Request. The preliminary analysis shall
confirm that the receiving Party will offer access to the Network
Element or will provide a detailed explanation that access to the
Network Element is not technically feasible and/or that the request
does not qualify as a Network Element that is required to be provided
by the Federal Unbundling Rules.
10.3.6 If the receiving Party determines that the Network Element Bona Fide
Request is technically feasible and access to the Network Element is
required to be provided by the Federal Unbundling Rules, it shall
promptly proceed with developing the Network Element Bona Fide
Request upon receipt of written authorization from the requesting
Party. When it receives such authorization, the receiving Party shall
promptly develop the requested services, determine their availability,
calculate the applicable prices and establish installation intervals.
Unless the Parties otherwise agree, the Network Element requested
must be priced in accordance with Section 252(d)(1) of the Act.
10.3.7 As soon as feasible, but not more than ninety (90) days after its receipt
of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Party shall provide to the requesting Party
a Network Element Bona Fide Request quote which will include, at a
minimum, a description of each Network Element, the availability, the
applicable rates, and the installation intervals.
10.3.8 Within thirty (30) days of its receipt of the Network Element Bona Fide
Request quote, the requesting Party must either confirm its order for
the Network Element Bona Fide Request pursuant to the Network
Element Bona Fide Request quote or seek arbitration by the
Commission pursuant to Section 252 of the Act.
10.3.9 If a Party to a Network Element Bona Fide Request believes that the
other Party is not requesting, negotiating or processing the Network
Element Bona Fide Request in good faith, or disputes a determination,
TDS ID Final 07 10 19.docx 113
or price or cost quote, or is failing to act in accordance with Section
251 of the Act, such Party may seek mediation or arbitration by the
Commission pursuant to Section 252 of the Act.
11. Maintenance of Network Elements
11.1 Each Party is responsible for its own End User base and will have the
responsibility for resolution of any service trouble report(s) from its End Users.
Frontier will work cooperatively with TDSM to resolve trouble reports when the
trouble condition has been isolated and found to be within a portion of Frontier’s
network. TDSM must provide to Frontier test results and shall test its End User’s
trouble prior to Frontier performing any repair functions. TDSM agrees to follow
the procedures defined in the Frontier Trouble Administration Guide for trouble
reporting.
11.2 If (a) TDSM reports to Frontier a Customer trouble, (b) TDSM requests a
dispatch, (c) Frontier dispatches a technician, and (d) such trouble was not
caused by Frontier’s facilities or equipment in whole or in part, then TDSM shall
pay Frontier a maintenance service charge based on Frontier’s respective tariff.
In addition, this charge also applies when the Customer contact as designated by
TDSM is not available at the appointed time. TDSM accepts responsibility for
initial trouble isolation and providing Frontier with appropriate dispatch
information based on its test results. If, as the result of TDSM instructions,
Frontier is erroneously requested to dispatch to a site on Frontier company
premises (“dispatch in”), a charge set forth in the Pricing Attachment will be
assessed per occurrence to TDSM by Frontier. If as the result of TDSM
instructions, Frontier is erroneously requested to dispatch to a site outside of
Frontier company premises ("dispatch out"), a charge set forth in the Pricing
Attachment will be assessed per occurrence to TDSM by Frontier. Frontier
agrees to respond to TDSM trouble reports on a non-discriminatory basis
consistent with the manner in which it provides service to its own retail
Customers or to any other similarly situated Telecommunications Carrier.
11.3 TDSM must submit to Frontier a disconnect order for any Unbundled Local Loop
that is relinquished by the End User because of cessation of service. Unbundled
Local Loop facilities will be returned to Frontier when the disconnection order is
complete. In the event of transfer of the End User’s service from one provider to
another, the new provider will issue a request for transfer of service, resulting in
the appropriate disconnection and reconnection of service.
12. Combinations, Commingling, and Conversions
12.1 Subject to and without limiting the conditions set forth in Section 1 of this
Attachment:
12.1.1 Frontier will not prohibit the commingling of a Qualifying UNE with
Qualifying Wholesale Services, but only to the extent and so long as
commingling and provision of such Network Element (or combination
of Network Elements) is required by the Federal Unbundling Rules.
Moreover, to the extent and so long as required by the Federal
Unbundling Rules, Frontier shall, upon request of TDSM, perform the
functions necessary to commingle Qualifying UNEs with Qualifying
Wholesale Services. The rates, terms and conditions of the applicable
access Tariff or separate non-251 agreement will apply to the
Qualifying Wholesale Services, and the rates, terms and conditions of
the Agreement or the Frontier UNE Tariff, as applicable, will apply to
the Qualifying UNEs; provided, however, that a nonrecurring charge
TDS ID Final 07 10 19.docx 114
will apply for each UNE circuit that is part of a commingled
arrangement, as set forth in the Pricing Attachment. In addition, if any
commingling requested by TDSM requires Frontier to perform physical
work that Frontier is required to perform under the Federal Unbundling
Rules, then Frontier's standard charges for such work shall apply or, in
the absence of a standard charge, a fee calculated using Frontier's
standard time and materials rates shall apply until such time as a
standard charge is established pursuant to the terms set forth in the
Pricing Attachment.
12.1.2 Ratcheting, i.e., a pricing mechanism that involves billing a single
circuit at multiple rates to develop a single, blended rate, shall not be
required. UNEs that are commingled with Wholesale Services are not
included in the shared use provisions of the applicable Tariff, and are
therefore not eligible for adjustment of charges under such provisions.
Frontier may exclude its performance in connection with the
provisioning of commingled facilities and services from standard
provisioning intervals and from performance measures and remedies,
if any, contained in the Agreement or elsewhere.
12.1.3 Limitation on Section 12.1. Section 12.1 is intended only to address
the Parties' rights and obligations as to combining and/or commingling
of UNEs that Frontier is already required to provide to TDSM under the
Agreement and the Federal Unbundling Rules. Nothing contained in
Section 12.1 shall be deemed to limit any right of Frontier under the
Agreement to cease providing a facility that is or becomes a
Discontinued Facility.
12.2 Service Eligibility Criteria for Certain Combinations and Commingled Facilities
and Services. Subject to the conditions set forth in Sections 1 and 12.1 of this
Attachment:
12.2.1 Frontier shall not be obligated to provide:
12.2.1.1 an unbundled DS1 Loop in combination with unbundled
DS1 or DS3 Dedicated Transport, or commingled with DS1
or DS3 access services;
12.2.1.2 an unbundled DS3 Loop in combination with unbundled
DS3 Dedicated Transport, or commingled with DS3 access
services;
12.2.1.3 unbundled DS1 Dedicated Transport commingled with DS1
channel termination access service;
12.2.1.4 unbundled DS3 Dedicated Transport commingled with DS1
channel termination access service; or
12.2.1.5 unbundled DS3 Dedicated Transport commingled with DS3
channel termination service,
(individually and collectively “High Capacity EELs”) except to the extent
Frontier is required by the Federal Unbundling Rules to do so, and then
not unless and until TDSM, using an ASR, certifies to Frontier that each
combined or commingled DS1 circuit or DS1 equivalent circuit of a High
Capacity EEL satisfies each of the service eligibility criteria on a circuit-
by-circuit basis as set forth in 47 C.F.R. § 51.318. TDSM must remain in
TDS ID Final 07 10 19.docx 115
compliance with said service eligibility criteria for so long as TDSM
continues to receive the aforementioned combined or commingled
facilities and/or services from Frontier and TDSM shall immediately notify
Frontier at such time as a certification ceases to be accurate. The
service eligibility criteria shall be applied to each combined or
commingled DS1 circuit or DS1 equivalent circuit of a High Capacity
EEL. If any combined or commingled DS1 circuit or DS1 equivalent
circuit of a High Capacity EEL is, becomes, or is subsequently
determined to be, noncompliant, the noncompliant High Capacity EEL
circuit will be treated as described in Section 12.2.2 below. The
foregoing shall apply whether the High Capacity EEL circuits in question
are being provisioned to establish a new circuit or to convert an existing
wholesale service, or any part thereof, to unbundled network elements.
For existing High Capacity EEL circuits, TDSM, within thirty (30) days of
the Effective Date to the extent it has not already done so prior to the
Effective Date of this Agreement, must re-certify, using an ASR, that
each DS1 circuit or DS1 equivalent circuit satisfies the service eligibility
criteria on a circuit-by-circuit basis as set forth in 47 C.F.R. § 51.318.
Any existing High Capacity EEL circuits that TDSM leased from Frontier
as of the Effective Date of this Agreement that TDSM fails to re-certify as
required by this Section by the end of such 30-day period shall be
treated as a non-compliant circuit as described under Section 12.2.2
below effective as of the Effective Date of this Agreement.
12.2.2 Without limiting any other right Frontier may have to cease providing
circuits that are or become Discontinued Facilities, if a High Capacity
EEL circuit is or becomes noncompliant as described in this Section
12.2 and TDSM has not submitted an LSR or ASR, as appropriate, to
Frontier requesting disconnection of the noncompliant facility and has
not separately secured from Frontier an alternative arrangement to
replace the noncompliant High Capacity EEL circuit, then Frontier, to
the extent it has not already done so prior to execution of this
Agreement, shall reprice the subject High Capacity EEL circuit (or
portion thereof that had been previously billed at UNE rates), effective
beginning on the date on which the circuit became non-compliant by
application of a new rate (or, in Frontier's sole discretion, by
application of a surcharge to an existing rate) to be equivalent to an
analogous access service or other analogous arrangement that
Frontier shall identify in a written notice to TDSM.
12.2.3 Each certification to be provided by TDSM pursuant to Section 12.2.1
above must contain the following information for each DS1 circuit or
DS1 equivalent: (a) the local number assigned to each DS1 circuit or
DS1 equivalent; (b) the local numbers assigned to each DS3 circuit
(must have 28 local numbers assigned to it); (c) the date each circuit
was established in the 9-1-1/E9-1-1 database; (d) the collocation
termination connecting facility assignment for each circuit, showing
that the collocation arrangement was established pursuant to 47
U.S.C. § 251(c)(6), and not under a federal collocation tariff; (e) the
interconnection trunk circuit identification number that serves each
DS1 circuit. There must be one such identification number per every
24 DS1 circuits; and (f) the local switch that serves each DS1 circuit.
When submitting an ASR for a circuit, this information must be
contained in the Remarks section of the ASR, unless provisions are
made to populate other fields on the ASR to capture this information.
TDS ID Final 07 10 19.docx 116
12.2.4 The charges for conversions are as specified in the Pricing Attachment
and apply for each circuit converted.
12.2.5 All ASR-driven conversion requests will result in a change in circuit
identification (circuit ID) from access to UNE or UNE to access. If
such change in circuit ID requires that the affected circuit(s) be
retagged, then a retag fee per circuit will apply as specified in the
Pricing Attachment.
12.2.6 All requests for conversions will be handled in accordance with
Frontier’s conversion guidelines. Each request will be handled as a
project and will be excluded from all ordering and provisioning metrics.
12.3 Once per calendar year, Frontier may obtain and pay for an independent auditor
to audit TDSM’s compliance in all material respects with the service eligibility
criteria applicable to High Capacity EELs. Any such audit shall be performed in
accordance with the standards established by the American Institute for Certified
Public Accountants, and may include, at Frontier’s discretion, the examination of
a sample selected in accordance with the independent auditor’s judgment. To
the extent the independent auditor’s report concludes that TDSM failed to comply
with the service eligibility criteria, then (without limiting Frontier's rights under
Section 12.2.2 above) TDSM must convert all noncompliant circuits to the
appropriate service, true up any difference in payments, make the correct
payments on a going-forward basis, and reimburse Frontier for the cost of the
independent auditor within thirty (30) days after receiving a statement of such
costs from Frontier. Should the independent auditor confirm TDSM’s compliance
with the service eligibility criteria, then TDSM shall provide to the independent
auditor for its verification a statement of TDSM’s out-of-pocket costs of complying
with any requests of the independent auditor, and Frontier shall, within thirty (30)
days of the date on which TDSM submits such costs to the auditor, reimburse
TDSM for its out-of-pocket costs verified by the auditor. TDSM shall maintain
records adequate to support its compliance with the service eligibility criteria for
each DS1 or DS1 equivalent circuit for at least eighteen (18) months after the
service arrangement in question is terminated.
13. Routine Network Modifications
13.1 General Conditions. In accordance with, but only to the extent required by, the
Federal Unbundling Rules, and subject to the conditions set forth in Section 1 of
this Attachment:
13.1.1 Frontier shall make such routine network modifications, at the rates
and charges set forth in the Pricing Attachment, as are necessary to
permit access by TDSM to the Loop or Dark Fiber Transport facilities
available under the Agreement (including DS1 Loops and DS3 Loops),
where the facility has already been constructed. Routine network
modifications applicable to Loops are those modifications that Frontier
regularly undertakes for its own Customers and may include, but are
not limited to: rearranging or splicing of in-place cable at existing
splice points; adding an equipment case; adding a doubler or repeater;
installing a repeater shelf; deploying a new multiplexer or reconfiguring
an existing multiplexer; accessing manholes; and deploying bucket
trucks to reach aerial cable. Routine network modifications applicable
to Dark Fiber Transport are those modifications that Frontier regularly
undertakes for its own Customers and may include, but are not limited
to, splicing of in-place dark fiber at existing splice points; accessing
manholes; deploying bucket trucks to reach aerial cable; and routine
TDS ID Final 07 10 19.docx 117
activities, if any, needed to enable TDSM to light a Dark Fiber
Transport facility that it has obtained from Frontier under the
Agreement. Frontier shall not be obligated to provide optronics for the
purpose of lighting Dark Fiber Transport. Routine network
modifications do not include the construction of a new Loop or new
Transport facilities, trenching, the pulling of cable, the installation of
new aerial, buried, or underground cable for a requesting
telecommunications carrier, the placement of new cable, securing
permits or rights-of-way, or constructing and/or placing new manholes
or conduits. Frontier shall not be required to build any time division
multiplexing (TDM) capability into new packet-based networks or into
existing packet-based networks that do not already have TDM
capability. Frontier shall not be required to perform any routine
network modifications to any facility that is or becomes a Discontinued
Facility.
13.1.1.1 Conditioning. If TDSM requests Unbundled Local Loop
conditioning or if conditioning is required to provide one of
the Unbundled Network Elements described in this
agreement, Frontier will condition the unbundled local loop
at TDSM 's expense. Frontier will determine separate
charges for each request. Carrier agrees to pay the quoted
charges prior to commencement of work.
13.1.1.2 Placement of Repeaters. Placement of repeaters may be
required or requested for Unbundled Network Elements.
Frontier will make this determination, but Carrier may
request placement of repeaters to meet its specifications.
Additional charges will apply to the placement of repeaters.
Frontier will determine separate charges for each repeater
placement. Carrier agrees to pay the quoted charges prior
to commencement of work.
13.2 Performance Plans. Frontier may exclude its performance in connection with the
provisioning of Loops or Dark Fiber Transport for which routine network
modifications are performed from standard provisioning intervals and
performance measures and remedies, if any, contained in the Agreement or
elsewhere.
13.3 Nothing contained in this Section 13 shall be deemed: (a) to establish any
obligation of Frontier to provide on an unbundled basis under the Federal
Unbundling Rules any facility that this Agreement does not otherwise require
Frontier to provide on an unbundled basis under the Federal Unbundling Rules,
(b) to obligate Frontier to provide on an unbundled basis under the Federal
Unbundling Rules, for any period of time not required under the Federal
Unbundling Rules, access to any Discontinued Facility, or (c) to limit any right of
Frontier under the Agreement, any Frontier Tariff or SGAT, or otherwise, to
cease providing a Discontinued Facility.
14. Rates and Charges
UNEs are only available to TDSM for use in its provisioning of local exchange service to
its End Users. Any combination of unbundled elements which when combined equates
to a substantially similar service provisioned through the retail tariff, will be offered and
priced as resale not as the cumulative of unbundled elements. The rates and charges for
UNEs, Combinations, Commingling, routine network modifications, and other services,
facilities and arrangements, offered under this Attachment shall be as provided in this
TDS ID Final 07 10 19.docx 118
Attachment and the Pricing Attachment.
15. Good Faith Performance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with TDSM reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilize the Agreement’s dispute resolution
procedures.
TDS ID Final 07 10 19.docx 119
COLLOCATION ATTACHMENT
1. Frontier’s Provision of Collocation
Frontier shall provide to Carrier, in accordance with this Agreement, Frontier’s applicable
federal and state Tariffs and the requirements of Applicable Law, Collocation for the
purpose of facilitating Carrier’s interconnection with Frontier under 47 U.S.C. § 251(c)(2)
or access to Unbundled Network Elements of Frontier; provided, that notwithstanding any
other provision of this Agreement or a Tariff, Frontier shall be obligated to provide
Collocation to Carrier only to the extent required by Applicable Law and may decline to
provide Collocation to Carrier to the extent that provision of Collocation is not required by
Applicable Law. Notwithstanding any other provision of this Agreement or a Tariff,
nothing in this Agreement or a Tariff shall be deemed to require Frontier to provide (and,
for the avoidance of any doubt, Frontier may decline to provide and/or cease providing)
Collocation that, if provided by Frontier, would be used by Carrier to obtain unbundled
access to any network element: (a) that Frontier is not required to unbundle under 47
U.S.C. § 251(c)(3) or (b) that Frontier is not required to unbundle under 47 C.F.R. Part
51.
Because the Commission rejected Frontier’s Collocation Tariff Advice No. 00-05 in Order
No. 28490 on August 29, 2000, Frontier shall provide Collocation according to the
following terms and conditions in the State of Idaho on an interim basis only until such
time as the Commission’s decision is reversed and Frontier’s Collocation Tariff Advice
No. 00-05 is permitted to go into effect or until such time as Frontier files another
Collocation Tariff in Idaho. At such time as the Commission’s decision is reversed and
Frontier’s Collocation Tariff Advice No. 00-05 is permitted to go into effect or at such time
as there is a Frontier Collocation Tariff on file with the Commission, and subject to the
foregoing, the following terms and conditions will be rendered ineffectual, and Frontier
shall provide Collocation to Carrier in accordance with the terms and conditions set forth
in Frontier’s Collocation Tariff, and Frontier shall do so regardless of whether or not such
terms and conditions are effective.
Section 1 of this Collocation Attachment (“Attachment”), in conjunction with the rest of
this Agreement, set forth the terms and conditions under which Frontier shall provide
Collocation services to Carrier. Collocation provides for access to Frontier’s “premises”,
for the purpose of interconnection and/or access to Unbundled Network Elements
(UNEs). For the purposes of this Attachment, “premises” is defined to include Frontier’s
central offices, serving Wire Centers, and all other buildings or similar structures owned,
leased, or otherwise controlled by Frontier that house Frontier’s network facilities.
Collocation at Frontier’s Wire Centers and access tandems shall be accomplished
through caged, cageless, virtual or microwave service offerings, as described below,
except if not practical for technical reasons or due to space limitations. In such event,
Frontier shall provide adjacent Collocation or other methods of Collocation, subject to
space availability and technical feasibility. In accordance with, but only to the extent
required by Applicable Law, Frontier shall also offer rates, terms and conditions for
Collocation services that are not expressly addressed in this Attachment or Frontier
Tariffs on an individual case basis.
1.1 Types of Collocation.
1.1.1 Single Caged. A single caged arrangement is a form of caged
Collocation, which allows a single Carrier to lease caged floor space to
house its equipment within Frontier premises.
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1.1.2 Shared Caged. A shared caged arrangement is a newly constructed
caged Collocation arrangement that is jointly applied for and occupied
by two or more Carriers within a Frontier premise. When two or more
Carriers request establishment and jointly apply for a new caged
Collocation arrangement to be used as a shared caged arrangement,
one of the participating Carriers must agree to be the host Carrier (HC)
and the other(s) to be the guest Carrier (GC). The HC and GC(s) are
solely responsible for determining whether to share a shared caged
Collocation arrangement and if so, upon what terms and conditions.
The HC and GC(s) must each be interconnected to Frontier for the
exchange of traffic with Frontier and/or to access unbundled network
elements. Frontier will not issue separate billing for any of the rate
elements associated with the shared caged Collocation arrangement
between the HC and the GC(s), but Frontier will provide the HC with
information on the proportionate share of the NRCs for each Carrier in
the shared arrangement. The HC will be responsible for ordering and
payment of all Collocation applicable services ordered by the HC and
GC(s). The HC and GC will be responsible for ordering their own
unbundled network elements from Frontier. Frontier will separately bill
the HC and/or GC(s) for unbundled network elements ordered. The
HC and GC(s) are Frontier’s customers and have all the rights and
obligations applicable hereunder to Carriers purchasing Collocation-
related services, including, without limitation, the obligation to pay all
applicable charges, whether or not the HC is reimbursed for all or any
portion of such charges by the guest(s). All terms and conditions for
caged Collocation as described in this Attachment will apply to shared
caged Collocation requirements.
1.1.3 Subleased Caged. Vacant space available in a Carrier’s caged
Collocation arrangement may be made available to a third party(s) for
the purpose of interconnection and/or for access to UNEs in Frontier
premises via the subleasing Collocation arrangement. The Carrier
subleases the floor space to the third party(s) pursuant to terms and
conditions agreed to by the Carrier and the third party(s) involved.
The Carrier and third party(s) must each be interconnected to Frontier
for the exchange of traffic with Frontier and/or to access unbundled
network elements. The Carrier is solely responsible for determining
whether to sublease a shared caged Collocation arrangement and if
so, upon what terms and conditions. Frontier will not issue separate
billing for any of the rate elements associated with the subleased
caged Collocation arrangement between the Carrier and the third
party(s). The Carrier will be responsible for ordering and payment of
all Collocation applicable services ordered by the Carrier and the third
party(s). Each Carrier and third party will be responsible for ordering
their own unbundled network elements from Frontier. Frontier will
separately bill the Carrier and third party/parties for unbundled network
elements ordered. The Carrier and third party(s) are Frontier’s
customers and have all the rights and obligations applicable hereunder
to Carriers purchasing Collocation-related services, including, without
limitation, the obligation to pay all applicable charges, whether or not
the Carrier is reimbursed for all or any portion of such charges by the
third party(s). All terms and conditions for caged Collocation as
described in this Attachment will apply to subleased caged Collocation
requirements.
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1.1.4 Cageless. Cageless Collocation is a form of Collocation in which
Carriers can place their equipment in Frontier premises. A cageless
Collocation arrangement allows a Carrier, using Frontier approved
vendors, to install equipment in single bay increments in an area
designated by Frontier. The equipment location will be designated by
Frontier and will vary based on individual Frontier premise
configurations. Carrier equipment will not share the same equipment
bays with Frontier equipment.
1.1.5 Adjacent. An adjacent Collocation arrangement permits a Carrier to
construct or procure a structure on Frontier property for Collocation for
the purposes of interconnection and/or access to UNEs in accordance
with the terms and conditions of this Agreement. Adjacent Collocation
is only an option when the following conditions are met: (1) space is
legitimately exhausted in Frontier’s premise for caged and cageless
Collocation; and (2) it is technically feasible to construct or procure a
hut or similar structure on Frontier property that adheres to local
building code, zoning requirements, and Frontier building standards.
Carrier is responsible for complying with all zoning requirements, any
federal, state or local regulations, ordinances and laws, and obtaining
all associated permits. Frontier may, where required, participate in the
zoning approval and permit acquisitions. Carrier may not take any
action in establishing an adjacent structure that will force Frontier to
violate any zoning requirements or any federal, state, or local
regulations, ordinances, or laws.
Any construction by Carrier on Frontier property must comply with
Frontier’s technical specifications as they relate to environmental safety
and grounding requirements. Frontier will make available power and
physical Collocation services to Carrier in the same non-discriminatory
manner as it provides itself for its own remote equipment buildings
(REBs).
1.1.6 Virtual. Under virtual Collocation, Frontier installs and maintains
Carrier provided equipment which is dedicated to the exclusive use of
the Carrier in a Collocation arrangement. Additional details on virtual
Collocation are set forth in Section 1.9.
1.1.7 Microwave. Physical Collocation of microwave transmission facilities
will be permitted on a first-come, first-served basis except where such
Collocation is not practical for technical reasons or because of space
limitations. Microwave Collocation provides for the interconnection of
Carrier or Frontier provided facilities, equipment and support
structures located in, on or above the exterior walls and roof of
Frontier premises. Additional details on microwave Collocation are set
forth in Section 1.10.
1.2 Ordering.
1.2.1 Application.
1.2.1.1 Point of Contact. Carrier must request Collocation
arrangements through Frontier’s designated point of
contact. Completed applications for Collocation must be
sent directly to Frontier’s Collocation Manager at the
following address:
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50.1.1.1 Frontier Communications
50.1.1.2 Collocation Manager
50.1.1.3 1500 MacCorkle Ave, SE Rm-100
50.1.1.4 Charleston, WV 25396
50.1.1.5 Email Address:
[e-mail]
50.1.1.6 Additional information and requirements
regarding Collocation may be obtained from Frontier’s
public website at
http://wholesale.frontier.com/wholesale/collocation-and-
licensing.
1.2.1.2 Application Form/Fee. Carrier requesting Collocation at a
Frontier premise will be required to complete the application
form and submit the non-refundable engineering fee set
forth in the Pricing Attachment, described in Section 1.5.1,
for each Frontier premise at which Collocation is requested.
The application form will require Carrier to provide all
engineering, floor space (where applicable), power,
environmental and other requirements necessary for the
function of the service. Carrier will provide Frontier with
specifications for any non-standard or special requirements
at the time of application. Frontier reserves the right to
assess the customer any additional charges on an
individual case basis (“ICB”) associated with complying with
the requirements. Any such charges shall be noticed to
Carrier.
Frontier will process Collocation requests from Carriers on a
first-come, first-serve basis pursuant to Frontier's receipt of
a completed application form and the non-refundable
engineering fee.
1.2.2 Space Availability. Subject to forecasting requirements, Frontier will
inform Carrier whether space is available to accommodate Carrier’s
request within eight (8) Business Days after receipt of a completed
application. Frontier’s response will be one of the following:
1.2.2.1 There is space and Frontier will proceed with the
arrangement.
1.2.2.2 There is no space. Frontier will proceed as described in
Section 1.4.1.
1.2.2.3 There is no readily available space, however, Frontier will
determine whether space can be made available and will
notify Carrier within twenty (20) Business Days. At the end
of this period, Frontier will proceed as described in 1.2.2.1or
1.2.2.2 above.
1.2.3 Collocation Schedule. If space is available, Frontier will provide to
Carrier a Collocation schedule describing Frontier's ability to meet the
physical Collocation request within eight (8) Business Days after
receipt of a completed application. Carrier shall have nine (9)
Business Days from receipt of a Frontier provided Collocation
TDS ID Final 07 10 19.docx 123
schedule to pay 50% of the NRCs associated with the ordered
Collocation services.
If the application is deficient, Frontier will specify in writing, within eight
(8) Business Days, the information that must be provided by Carrier in
order to complete the application. If Carrier resubmits a revised
application curing any deficiencies in its original application within ten
(10) calendar days after being informed of them, Carrier shall retain its
position within the Collocation application queue.
1.2.4 Augmentation. Any request for an addition, partial reduction, or a
change to an existing Collocation arrangement that has been
inspected and turned over to Carrier shall be considered an
augmentation request. An augmentation request will require the
submission of a complete application form and a non-refundable
engineering or minor augment fee. A minor augment fee may not be
required under the circumstances outlined below. The definition of a
major or minor augment is as follows:
1.2.4.1 Major augments of Collocation arrangements are those
requests that: (a) require AC or DC power; (b) add
equipment that generates more BTU’s of heat, or (c)
increase the floor space over what Carrier requested in its
original application. A complete application and engineering
fee will be required when submitting a request that requires
a major augment.
1.2.4.2 Minor augments of Collocation arrangements will require
the submission of a complete application form and the
minor augment fee. Minor augments are those requests
that: (a) do not require additional DC and AC power, (b) do
not add equipment that generates more BTU’s of heat, (c)
do not increase floor space, and (d) do not add transmission
cables, over what Carrier requested in its original
application. The requirements of a minor augment request
cannot exceed the capacity of the existing/proposed
electrical, power or HVAC system. Requests for additional
DS0, DS1, and DS3 facility terminations to access Frontier’s
unbundled network elements are included as minor
augments, providing no additional transmission cables are
required.
Minor augments that require an augment fee are those
requests that require Frontier to perform a service or
function on behalf of Carrier including but not limited to:
installation of virtual equipment cards or software upgrades,
removal of virtual equipment, requests to pull cable from
exterior microwave facilities, and requests to terminate DS0,
DS1 and DS3 cables.
Minor augments that do not require a fee are those
augments performed solely by Carrier, that do not require
Frontier to provide a service or function on behalf of Carrier,
including but not limited to, requests to install additional
equipment in Carrier Collocation space. Prior to the
installation of the additional equipment, Carrier agrees to
provide Frontier an application form with an updated
TDS ID Final 07 10 19.docx 124
equipment listing that includes the new equipment to be
installed in Carrier’s Collocation arrangement. Once the
equipment list is submitted to Frontier, Carrier may proceed
with the augment. Carrier agrees that changes in
equipment provided by Carrier under this provision will not
exceed the engineering specifications for power and HVAC
as requested on original application. All augments will be
subject to Frontier inspection, in accordance with term of
this contract for the purpose of ensuring compliance with
Frontier safety standards.
1.2.5 Expansion. Frontier will not be required to construct additional space
to provide for Carrier Collocation when available space has been
exhausted. Where Carrier seeks to expand its existing Collocation
space, Frontier shall make contiguous space available to the extent
possible; provided, however, Frontier does not guarantee contiguous
space to Carrier to expand its existing Collocation space. Carrier
requests for expansion of existing space within a specific Frontier
premise will require the submission of an application form and the
appropriate major augment fee.
1.2.6 Relocation. Carrier requests for relocation of the termination
equipment from one location to a different location within the same
Frontier premise will be handled on an ICB basis. Carrier will be
responsible for all costs associated with the relocation of its
equipment.
1.3 Installation and Operation.
1.3.1 Joint Planning and Implementation Levels for Physical Collocation.
Frontier and Carrier shall work cooperatively in meeting the standard
implementation milestones and deliverables as determined during the
joint planning process. The physical (caged and cageless) Collocation
arrangement implementation interval is seventy-six (76) Business
Days for all standard arrangement requests which were properly
forecast six (6) months prior to the application date, subject to the
conditions set forth for forecasting and capacity. Major construction
obstacles or special Carrier requirements may extend the interval by
fifteen (15) Business Days, resulting in a ninety-one (91)-Business
Day interval.
1.3.1.1 The interval for Collocation augments which were properly
forecast six months prior to the application date, subject to
Section 1.3.1.4 as well as the conditions for forecasting and
capacity, is forty-five (45) Business Days where the
necessary infrastructure is installed and available for use.
Such augments are limited to the following:
1.3.1.1.1 800 2 wire voice grade terminations, or
1.3.1.1.2 400 4 wire voice grade terminations, or
1.3.1.1.3 600 line sharing/line splitting facilities, where line
sharing/splitting already exists within the central
office and where Carrier is eligible for line
sharing/line splitting, or
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1.3.1.1.4 28 DS1 terminations, or
1.3.1.1.5 24 DS3 terminations, or
1.3.1.1.6 12 fiber terminations, or
1.3.1.1.7 Conversion of 2 wire voice grade to 4 wire
(minimum 100 – maximum 800), or
1.3.1.1.8 2 feeds (1A and 1B) DC power fused at 60 amps
or less, or
1.3.1.1.9 DC Power as defined in 8 preceding, plus any
one (1) additional item as defined in 1 through 7
preceding; or 2 of the following: a) 28 DS1
terminations; b) 3 DS3 terminations; or c) 12
fiber terminations. Carrier must have 100% of
all cables terminated to the existing cross
connects for the one additional item selected
and the in-service capacity of that selection must
be at 85% utilization or above unless Carrier can
demonstrate to Frontier that: a) the previous
two months trend in growth would exceed 100%
of the available capacity by the end of the forty-
five (45) Business Day augment interval; or b)
other good cause or causes that Carrier cross
connect capacity may be exceeded by the end
of the forty-five (45) Business Day augment
interval.
1.3.1.2 For 2 wire to 4 wire voice grade conversions, all pairs must
be spare and in consecutive 100 pair counts.
1.3.1.3 The following standard implementation milestones will
apply, in Business Days, unless Frontier and Carrier jointly
decide otherwise:
1.3.1.3.1 Day 1—Carrier submits completed application
and associated fee.
1.3.1.3.2 Day 8—Frontier notifies Carrier that request can
be accommodated and advises of due date.
1.3.1.3.3 Day 17—Carrier notifies Frontier of its intent to
proceed and submits 50% payment.
1.3.1.3.4 Day 30—Material ships and is received at
vendor warehouse; Carrier provided splitters
delivered to vendor warehouse (Line Sharing
Option C only, and applicable only where Carrier
is eligible for line sharing/line splitting).
1.3.1.3.5 Day 45—Augment (as defined herein)
completes.
1.3.1.3.6 Day 76—Frontier and Carrier attend Collocation
acceptance meeting and Frontier turns over the
Collocation arrangement to Carrier. Day 76 also
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applies to completion of other augments not
defined herein.
1.3.1.4 The forty-five (45) Business Day interval is subject to the
following requirements:
1.3.1.4.1 Infrastructure to support the requested augment
must be in place (e.g., cable racking from
common area to distributing frames, relay racks
for splitter shelves, frame capacity for
termination blocks, cable holes, fuse positions at
existing Battery Distribution Fuse Boards
(BDFBs).
1.3.1.4.2 The Carrier must install sufficient equipment to
support requested terminations/facilities.
1.3.1.4.3 In large central offices with complex cable runs
(i.e., multiple floors), the Frontier may request to
negotiate extensions to the forty-five (45)
Business Day interval.
1.3.1.5 A preliminary schedule will be developed outlining major
milestones. Carrier and Frontier control various interim
milestones they must complete in order to meet the overall
intervals. The interval clock will stop, and the final due date
will be adjusted accordingly, for each milestone Carrier
misses (day for day). When Frontier becomes aware of the
possibility of vendor delays, Frontier will first contact Carrier
to attempt to negotiate a new interval. If Frontier and
Carrier cannot agree, the dispute will be submitted to the
Commission for prompt resolution. Frontier and Carrier
shall conduct additional joint planning meetings, as
reasonably required, to ensure that all known issues are
discussed and to address any that may impact the
implementation process. Frontier will permit Carrier to
schedule one escorted visit to Carrier’s Collocation space
during construction. The applicable labor rates in the
Pricing Attachment will be applied for the escorted visit. In
the case of extended intervals resulting from within Frontier’s
control or resulting from vendor delays, and provided the
necessary security is in place, Frontier will permit Carrier
access to the Collocation arrangement to install equipment
while the delayed work is completed, so long as it is safe to do
so and Carrier’s work does not impair or interfere with Frontier
in completing Frontier’s work. Prior to Carrier beginning the
installation of its equipment, Carrier must sign a conditional
acceptance of the Collocation arrangement. If Carrier elects to
accept the space prior to the scheduled completion, occupancy
fees shall commence upon signing a conditional acceptance of
the space by Carrier.
1.3.1.6 Intervals for non-standard arrangements, including adjacent
Collocation, shall be mutually agreed upon by Carrier and
Frontier.
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1.3.1.7 Frontier will inform the Commission as soon as it knows it
will require raw space conversion to fulfill a request based
on an application or forecast. Raw space conversion
timeframes are negotiated on an individual case basis
based on negotiations with the site preparation vendor(s).
Frontier will use its best efforts to minimize the additional
time required to condition Collocation space, and will inform
Carrier of the time estimates as soon as possible.
1.3.2 Forecasting and Use of Data.
1.3.2.1 Frontier will request forecasts from Carrier on a semi-annual
basis, with each forecast covering a two-year period.
Carrier will be required to update the near-term (6-month)
forecasted application dates. Information requested will
include central office, month applications are expected to be
sent, requested in-service month, preference for virtual or
physical (caged or cageless) Collocation, square footage
required (physical), high-level list of equipment to be
installed (virtual), and anticipated splitter arrangements
where Carrier is eligible for line sharing/line splitting. For
augments, Carrier may elect to substitute alternative CLLI
codes within a LATA for the forecasted demand.
If Frontier has a written guarantee of reimbursement, it will
examine forecasts for offices in which it is necessary to
condition space and discuss these forecasts with Carrier to
determine the required space to be conditioned. If Frontier
commits to condition space based on forecasts and if Carrier is
assigned space, Carrier will give Frontier a non-refundable
deposit equal to the application fee. Frontier will perform initial
reviews of requested central offices forecasted for the next six
months to identify potential problem sites. Frontier will consider
forecasts in staffing decisions. Frontier will enter into planning
discussions with Carrier to validate forecasts, discuss flexibility
in potential trouble areas, and assist in application preparation.
1.3.2.2 Unforecasted demand (including augments) will be given a
lesser priority than forecasted demand. Frontier will make
every attempt to meet standard intervals for unforecasted
requests. However, if unanticipated requests push demand
beyond Frontier’s capacity limits, Frontier will negotiate
longer intervals as required (and within reason). In general,
if forecasts are received less than two (2) months prior to
the application date, the interval start day may be
postponed as follows:
1.3.2.2.1 No forecast: Interval Start Date commences two
(2) months after application receipt date.
1.3.2.2.2 Forecast received one (1) month or less prior to
application receipt date: Interval Start Date
commences two (2) months after application
receipt date.
1.3.2.2.3 Forecast received greater than one (1) month
and less than two (2) months prior to application
TDS ID Final 07 10 19.docx 128
receipt date: Interval Start Date commences
one (1) month after application receipt date.
1.3.2.2.4 Forecast received two (2) months or more prior
to application receipt date: Interval Start Date
commences on the application receipt date.
Any such interval adjustments will be discussed with Carrier
at the time the application is received.
1.3.3 Collocation Capacity.
1.3.3.1 Frontier’s estimate of its present capacity (i.e., no more than
an increase of 15% over the average number of
applications received for the preceding three months in a
particular geographic area) is based on current staffing and
current vendor arrangements. If the forecasts indicate
spikes in demand, Frontier will attempt to smooth the
demand via negotiations with the forecasting Carriers. If
Frontier and Carrier fail to agree to smooth demand,
Frontier will determine if additional expenditures would be
required to satisfy the spikes in demand and will work with
the Commission Staff to determine whether such additional
expenditure is warranted and to evaluate cost recovery
options.
1.3.3.2 If Frontier augments its workforce based on Carrier
forecasts and if Carrier refuses to smooth demand as
described in Section 1.3.3.1, Carrier will be held
accountable for the accuracy of their forecasts.
1.3.4 Vendor Capacity. Frontier will continuously seek to improve vendor
performance for all premises work, including Collocation. Since the
vendors require notice in order to meet increases in demand, Frontier
will share Carrier actual and forecasted demand with appropriate
vendors, as required, subject to the appropriate confidentiality
safeguards.
1.3.5 Responsibility for Vendor Delays. No party shall be excused from their
obligations due to the acts or omissions of a Party’s subcontractors,
material, person, suppliers or other third persons providing such
products or services to such Party unless such acts or omissions are
the product of a Force Majeure Event, or unless such delay or failure
and the consequences thereof are beyond the reasonable control and
without the fault or negligence of the Party claiming excusable delay or
failure to perform.
1.3.6 Space Preparation.
1.3.6.1 Cage Construction. For caged Collocation, Carrier may
construct the cage with a standard enclosure if they are a
Frontier approved contractor or Carrier may subcontract this
work to a Frontier approved contractor.
1.3.6.2 Site Selection/Power. Frontier shall designate the space
within its premise where Carrier shall collocate its
equipment. Frontier will assign Collocation space to Carrier
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in a just, reasonable, and nondiscriminatory manner.
Frontier will allow Carrier requesting caged or cageless
Collocation to submit space preferences on the Application
Form prior to assigning caged and cageless Collocation
space to Carrier. Frontier will assign caged and cageless
space in accordance with the following standards: (1)
Carrier’s Collocation costs cannot be materially increased
by the assignment; (2) Carrier’s occupation and use of
Frontier’s premises cannot be materially delayed by the
assignment; (3) The assignment cannot impair the quality of
service or impose other limitations on the service Carrier
wishes to offer; and (4) The assignment cannot reduce
unreasonably the total space available for caged and
cageless Collocation, or preclude unreasonably, caged and
cageless Collocation within Frontier’s premises.
Frontier may assign caged and cageless Collocation to
space separate from space housing Frontier’s equipment,
provided that each of the following conditions is met: (1)
Either legitimate security concerns, or operational
constraints unrelated to Frontier’s or any of its affiliates’ or
subsidiaries competitive concerns, warrant such separation;
(2) Any caged and cageless Collocation space assigned to
an affiliate or subsidiary of Frontier is separated from space
housing Frontier’s equipment; (3) The separated space will
be available in the same time frame as, or a shorter time
frame than, non-separated space; (4) The cost of the
separated space to Carrier will not be materially higher than
the cost of non-separated space; and (5) The separated
space is comparable, from a technical and engineering
standpoint, to non-separated space.
Where applicable, Frontier shall provide, at the rates set
forth in the Pricing Attachment described in Section 1.5.1,
48V DC power with generator and/or battery back-up, heat,
air conditioning and other environmental support to Carrier’s
equipment in the same standards and parameters required
for Frontier equipment within that Frontier premise. Carrier
may install AC convenience outlets and overhead lighting if
Carrier is a Frontier approved contractor, or this work may
be subcontracted to a Frontier approved contractor.
1.3.6.3 DC Power. Frontier will provide DC power to the
Collocation arrangement as specified by Carrier in its
Collocation application. The Carrier will specify the load on
each feed and the size of the fuse to be placed on each
feed. Carrier must order a minimum of ten (10) load amps
for each caged, cageless, and virtual Collocation
arrangement. Carrier may order additional DC Power
(beyond the minimum) in one (1) amp increments. Charges
for DC power will be applied based on the total number of
load amps ordered on each feed.
For example, if Carrier orders a total of 40 load amps of DC
power and an A and B feed, Carrier could order 20 load
amps on the A feed and 20 load amps on the B feed.
TDS ID Final 07 10 19.docx 130
Frontier will permit Carrier to order a fuse size up to 2.5
times the load amps ordered provided that applicable law
permits this practice. Thus, Carrier could order that each
feed be fused at 50 amps if Carrier wants one feed to carry
the entire load in the event the other feed fails. Accordingly,
Carrier will be charged on the basis of the total number of
load amps ordered, i.e., 40 amps, and not based on the
total number of amps available for the fuse size ordered.
1.3.6.4 Carrier is responsible for engineering the power
consumption in its Collocation arrangements and therefore
must consider any special circumstances in determining the
fused capacity of each feed. Frontier will engineer the
power feeds to the Collocation arrangement in accordance
with industry standards based upon requirements ordered
by Carrier in its Collocation application. Any subsequent
orders to increase DC power load at a Collocation
arrangement must be submitted on a Collocation
application.
1.3.6.5 Frontier reserves the right to perform random inspections to
verify the actual power load being drawn by a Collocation
arrangement. At any time, without written notice, Frontier
may measure the DC power drawn at an arrangement by
monitoring Frontier’s power distribution point. In those
instances where Frontier needs access to the Collocation
arrangement to make these measurements, Frontier will
schedule a joint meeting with Carrier.
1.3.6.6 If the inspection reveals that the power being drawn does
not exceed the total number of load amps ordered, no
further action will apply.
1.3.6.7 If the inspection reveals that the power being drawn
exceeds the total number of load amps ordered but is within
the applicable buffer zone, as defined in Section 1.3.6.7.2,
that arrangement is subject to the following treatment:
1.3.6.7.1 Frontier will provide Carrier with written
notification, by certified US mail to the person
designated by Carrier to receive such notice,
that more power is being drawn than was
ordered. Within ten (10) Business Days of the
date of receipt of notification, Carrier must
reduce the power being drawn to match its
ordered load or revise its power requirement to
accommodate the additional power being drawn.
Frontier will accept a certification signed by a
representative of Carrier that power
consumption has been reduced to match the
ordered load. Failure to reduce the power being
drawn or submit a revised application within ten
(10) Business Days will result in an increase in
the amount of power being billed to the audited
load amount.
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1.3.6.7.2 For a Collocation arrangement that has 100
amps or less fused, the buffer zone for the first
two violations during a consecutive twelve (12)
month period will be 120% of load, as long as
the second violation is not for the same
Collocation arrangement as the first. For any
subsequent violations, or if the second violation
is for the same Collocation arrangement, and for
any violation where the Collocation arrangement
has more than 100 amps fused, the buffer zone
will be 110% of load.
1.3.6.8 If the first inspection reveals that the power being drawn is
greater than the applicable buffer zone specified in
1.3.6.7.2, that arrangement is subject to the following
treatment:
1.3.6.8.1 Frontier will notify the person designated by
Carrier to receive such notice via telephone or e-
mail that Frontier will take a second
measurement no sooner than one (1) hour and
no later than two (2) days after the initial
inspection. Frontier will not wait for Carrier or
require it to be present during the second
inspection.
1.3.6.8.2 Additional Labor charges, as set forth in the
Pricing Attachment, apply for the cost
associated with performing this inspection.
1.3.6.8.3 Carrier may perform its own inspection at
Carrier’s cage. Carrier is not required to wait for
Frontier or require it to be present during Carrier
test. Upon request of Carrier, Frontier will send
a representative to accompany Carrier to
conduct a joint inspection at Carrier cage at no
charge to Carrier. Nothing herein shall be
construed to prohibit Carrier from testing at its
own cage. Carrier will send the results of its
own audit measurements to Frontier if they are
taken in response to a notice of violation under
this section and if Carrier’s measurements differ
from Frontier’s.
1.3.6.8.4 If the second test also exceeds the applicable
buffer zone, Frontier will provide Carrier with
written notification, within ten (10) Business
Days, by certified U.S. mail to the person
designated by Carrier to receive such notice that
it has exceeded its ordered power. The
notification will include: (1) initials or identifying
number of Frontier technician(s) who performed
the inspection; (2) dates and times of the
inspections; (3) the make, model and type of test
equipment used; (4) the length of monitoring and
the results of the specific audit; (5) the total load
amps currently being billed; (6) how the test was
TDS ID Final 07 10 19.docx 132
done; and (7) any other relevant information or
documents.
1.3.6.8.5 Frontier will maintain a file of results taken of
any inspections for two (2) years and such file
will be made available to Carrier that was
audited, upon request. Frontier will treat as
confidential information the identity of Carriers
that it audits as well as the results of such
audits, unless it receives prior written consent of
the affected Carrier to disclose such information
or is required by Applicable Law to disclose such
information to a court or commission. The
foregoing does not preclude Frontier from
making the notice described in Section 1.3.6.8.6.
1.3.6.8.6 If Carrier disagrees with the results of the audit,
Carrier will first notify Frontier. Frontier and
Carrier will make a good faith effort to resolve
the issue. If the parties do not resolve the issue,
either party can invoke dispute resolution
processes set forth in this Agreement. The
dispute resolution process set forth in this
Agreement can be initiated by either party after
thirty (30) calendar days have elapsed. This
period commences: (1) ten (10) Business Days
from receipt of the notification, in the case of
violation within the buffer zone; or (2) after
Carrier has received notice of the second test, in
the case of a violation over the buffer zone.
1.3.6.8.7 With the notification required by Section
1.3.6.8.4, Frontier will also notify Carrier that it
must submit a non-scheduled attestation of the
power being drawn at each of its remaining
Collocation arrangements in the state. Carrier
must submit this non-scheduled attestation
within fifteen (15) Business Days of the date of
this notification. Failure to submit this non-
scheduled attestation will result in the
application of additional labor charges for any
subsequent DC power inspections Frontier
performs prior to receipt of the next scheduled
attestation. Scheduled attestations are defined
in Section 1.3.6.11.
1.3.6.9 If the inspection reveals that the power being drawn is
greater than the applicable buffer zone set forth in Section
1.3.6.7.2, then Carrier shall pay Frontier for additional
power, as well as make separate and additional payments
to a charitable organization agreed upon by the parties
(“Charity”) in accordance with the following:
1.3.6.9.1 For the first such violation within the same
consecutive twelve (12) month period, Carrier
will be billed the audited load amount for four (4)
months. Carrier will make a separate and
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additional payment to the Charity, measured as
the difference between the billing of the fused
capacity and the billing at the audited load for
four (4) months. Carrier must send notice of its
Charity payment to Frontier within ten (10)
calendar days of making the payment.
1.3.6.9.2 For the second such violation within the same
consecutive twelve (12) month period, Carrier
will be billed the audited load amount for five (5)
months. Carrier will make a separate and
additional payment to the Charity, measured as
the difference between the billing of the fused
capacity and the billing at the audited load for
five (5) months. Carrier must send notice of its
Charity payment to Frontier within ten (10)
calendar days of making the payment.
1.3.6.9.3 For the third such violation within the same
consecutive twelve (12) month period, Carrier
will be billed the audited load amount for six (6)
months. Carrier will make a separate and
additional payment to the Charity, measured as
the difference between the billing of the fused
capacity and the billing at the audited load for six
(6) months. Carrier must send notice of its
Charity payment to Frontier within ten (10)
calendar days of making the payment.
1.3.6.9.4 For more than three (3) violations within the
same consecutive twelve (12) month period,
Frontier will bill Carrier at the fused amount for a
minimum of six (6) months and continue to bill at
the fused amount until an updated attestation or
augment specifying revised power is received.
1.3.6.9.5 Frontier will notify Carrier that it is being billed
pursuant to this Section 1.3.6.9, designating the
applicable number of months and also
calculating the payment owed to the Charity,
under the provisions set forth preceding.
1.3.6.9.6 At the conclusion of any dispute resolution
proceeding, the above payments will be self-
executing.
1.3.6.10 If Carrier has requested a power augment under which the
audited amount would be within the augmented load, plus
the applicable buffer zone set forth in Section 1.3.6.7.2, and
the augment is late due to the fault of Frontier, the
payments specified in Section 1.3.6.9 will not be imposed
and the parties will not count such an instance for purposes
of implementing Section 1.3.6.9.5.
1.3.6.11 Annually, Carrier must submit a written statement signed by
a responsible officer of Carrier, which attests that it is not
exceeding the total load of power as ordered in its
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Collocation applications. This attestation, which must be
received by Frontier no later than the last day of June, shall
individually list all of Carrier's completed Collocation
arrangements provided by Frontier in the state. If Carrier
fails to submit this written statement by the last day in June,
Frontier will notify Carrier in writing that it has thirty (30)
calendar days to submit its power attestation. Failure to
submit the required statement within the thirty (30) calendar
day notice period will result in the billing of DC power at
each Collocation arrangement to be increased to the total
number of amps fused until such time as Frontier receives
the required written statement by Carrier.
1.3.6.12 Whenever Frontier is required to perform work on a
Collocation arrangement as a result of Carrier’s order for a
reduction in power requirements (e.g., change in fuse size),
Frontier will assess a non-recurring charge for the additional
labor. The non-recurring charge applies for the first half
hour (or fraction thereof) and for each additional half hour
(or fraction thereof) per technician, per occurrence as
shown in the Pricing Attachment.
1.3.6.13 If Carrier orders a change in the power configuration
requiring new -48 volt DC power feeds to the Collocation
arrangement, Frontier will require an engineering/major
augment Fee with an application, as set forth in the Pricing
Attachment, subject to the terms and conditions described
in Section 1.2.4. In addition, if Carrier’s order for a
reduction in DC power triggers the deployment of power
cabling to a different power distribution point, the
engineering/major augment fee as set forth in the Pricing
Attachment applies. Frontier will work cooperatively with
Carrier to configure the new power distribution cables and
disconnect the old ones.
1.3.7 Equipment and Facilities.
1.3.7.1 Purchase of Equipment. Carrier will be responsible for
supply, purchase, delivery, installation and maintenance of
its equipment and equipment bay(s) in the Collocation area.
Frontier is not responsible for the design, engineering, or
performance of Carrier’s equipment and provided facilities
for Collocation. Upon installation of all transmission and
power cables for Collocation services, Carrier relinquishes
all rights, title and ownership of transmission (excluding
fiber entrance facility cable) and power cables to Frontier.
1.3.7.2 Permissible Equipment. Frontier shall permit the
Collocation and use of any equipment necessary for
interconnection or access to unbundled network elements in
accordance with the following standards: (1) Equipment is
necessary for interconnection if an inability to deploy that
equipment would, as a practical, economic, or operational
matter, preclude Carrier from obtaining interconnection with
Frontier at a level equal in quality to that which Frontier
obtains within its own network or Frontier provides to any of
its affiliates, subsidiaries, or other parties; and (2)
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Equipment is necessary for access to an unbundled
network element if an inability to deploy that equipment
would, as a practical, economic, or operational matter,
preclude Carrier from obtaining nondiscriminatory access to
that unbundled network element, including any of its
features, functions, or capabilities.
Multi-functional equipment shall be deemed necessary for
interconnection or access to an unbundled network element
if and only if the primary purpose and function of the
equipment, as Carrier seeks to deploy it, meets either or
both of the standards set forth in the preceding paragraph.
For a piece of equipment to be utilized primarily to obtain
equal in quality interconnection or nondiscriminatory access
to one or more unbundled network elements, there also
must be a logical nexus between the additional functions the
equipment would perform and the telecommunication
services Carrier seeks to provide to its customers by means
of the interconnection or unbundled network element. The
Collocation of those functions of the equipment that, as
stand-alone functions, do not meet either of the standards
set forth in the preceding paragraph must not cause the
equipment to significantly increase the burden on Frontier’s
property.
Whenever Frontier objects to Collocation of equipment by
Carrier for purposes within the scope of Section 251(c)(6) of
the Act, Frontier shall prove to the state commission that the
equipment is not necessary for interconnection or access to
unbundled network elements under the standards set forth
above.
Carrier may place in its caged Collocation space ancillary
equipment such as cross connect frames, and metal
storage cabinets. Metal storage cabinets must meet
Frontier premise environmental standards.
1.3.7.3 Specifications. Collocation facilities shall be placed,
maintained, relocated or removed in accordance with the
applicable requirements and specifications of the current
editions of the National Electrical Code (NEC), the National
Electrical Safety Code (NESC) and rules and regulations of
the Occupational Safety and Health Act (OSHA), the
Federal Communications Commission, the Commission,
and any other governing authority having jurisdiction. All
Carrier entrance facilities and splices must comply with
Telecordia Technologies’ Generic Specification for Optical
Fiber and Optical Fiber Cable (TR-TSY-00020), Cable
Placing Handbook, Cable Splicing Handbook, Cable
Maintenance Handbook, and General Information Tools and
Safety, as they relate to fire, safety, health, environmental
safeguards or interference with Frontier services or
facilities. Carrier designated and installed equipment
located within Frontier premises must comply with the most
recent issue, unless otherwise specified, of Telecordia
Technologies’ Network Equipment Building System (NEBS)
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Generic Equipment Requirements (GR-CORE-63) as it
pertains to safety requirements. This equipment must also
comply with the most current issue, unless otherwise
specified, of Frontier's Network Equipment Installation
Standards (Frontier Information Publication IP 72201) and
Frontier’s Central Office Engineering Standards (Frontier
Information Publication IP 72013). Where a difference in
specification may exist, the more stringent shall apply. If
there is a conflict between industry standards and Frontier’s
technical specifications, Carrier and Frontier will make a
good faith effort to resolve the difference. Carrier
designated facilities shall not physically, electronically or
inductively interfere with the facilities of Frontier, other
Carrier(s), tenant(s) or any other party. If such interference
occurs, Frontier may take action as permitted under Section
1.8.
Carrier equipment must conform to the same specific
risk/safety/hazard standards which Frontier imposes on its
own central office equipment as defined in Frontier's NEBS
requirements RNSA-NEB-95-0003, Revision 10 or higher.
Carrier equipment is not required to meet the same
performance and reliability standards as Frontier imposes
on its own equipment as defined in Frontier's RNSA-NEB-
95-0003, Revision 10 or higher. In addition, Carrier may
install equipment that has been deployed by Frontier for five
(5) years or more with a proven safety record; however, this
provision does not prohibit the installation of equipment less
than five years old, provided the equipment meets the
NEBS safety guidelines referenced in this section prior to
the time of deployment. Frontier reserves the right to
specify the type of cable, equipment and construction
standards required in situations not otherwise covered in
this Agreement. In such cases, Frontier will, at its
discretion, furnish to Carrier written material which will
specify and explain the required construction.
1.3.7.4 Cable. Carrier is required to provide proper cabling, based
on circuit type (VF, DS0, xDSL, DS1, DS3, etc.) to ensure
adequate shielding and reduce the possibility of
interference. Carrier is responsible for providing fire
retardant riser cable that meets Frontier standards. Frontier
is responsible for placing Carrier's fire retardant riser cable
from the cable vault to the Collocation space. Frontier is
responsible for installing Carrier provided fiber optic cable in
the cable space or conduit from the first manhole to the
premises. This may be shared conduit with dedicated inner
duct. If Carrier provides its own fiber optic facility, then
Carrier shall be responsible for bringing its fiber optic cable
to the Frontier premise manhole. Carrier must leave
sufficient cable length for Frontier to be able to fully extend
such cable through to Carrier's Collocation space.
1.3.7.5 Manhole/Splicing Restrictions. Frontier reserves the right to
prohibit all equipment and facilities, other than fiber optic
cable, in its manholes. Carrier will not be permitted to splice
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fiber optic cable in the first manhole outside of the Frontier
premise. Where Carrier is providing underground fiber optic
cable in Manhole #1, it must be of sufficient length as
specified by Frontier to be pulled through the Frontier
premise to Carrier’s Collocation space. Frontier is
responsible for installing a cable splice, if necessary, where
Carrier provided fiber optic cable meets Frontier standards
within the Frontier premise cable vault or designated
splicing chamber. Frontier will provide space and racking
for the placement of an approved secured fire retardant
splice enclosure.
1.3.7.6 Access Points and Restrictions. Points of interconnection
and demarcation between Carrier’s facilities and Frontier’s
facilities will be designated by Frontier. This point(s) will be
a direct connection(s) to Carrier’s network. Frontier shall
have the right to require Carrier to terminate Collocation
facilities onto a Point of Termination (POT) Bay. Carrier
must tag all entrance facilities to indicate ownership.
Carrier will not be allowed access to Frontier’s DSX line-
ups, MDF or any other Frontier facility termination points.
Only Frontier employees, agents or contractors will be
allowed access to the MDF, DSX, or fiber distribution panel
to terminate facilities, test connectivity, run jumpers and/or
hot patch in-service circuits.
1.3.7.7 Staging Area. For caged and cageless Collocation
arrangements, Carrier shall have the right to use a
designated staging area, a portion of the Frontier premise
and loading areas, if available, on a temporary basis during
Carrier's equipment installation work in the Collocation
space. Carrier is responsible for protecting Frontier's
equipment Frontier premise walls and flooring within the
staging area and along the staging route. Carrier will meet
all Frontier fire, safety, security and environmental
requirements. The temporary staging area will be vacated
and delivered to Frontier in an acceptable condition upon
completion of the installation work. Carrier may also utilize
a staging trailer, which can be located on the exterior
premises of Frontier premise. Frontier may assess Carrier
a market value lease rate for the area occupied by the
trailer.
1.3.7.8 Testing. Upon installation of Carrier's equipment, and with
prior notice, Frontier and Carrier will mutually agree to
schedule a meeting prior to the turn-up phase of the
equipment to ensure proper functionality between Carrier's
equipment and the connections to Frontier equipment. The
time period for this to occur will correspond to Frontier's
maintenance window installation requirements. It is solely
the responsibility of Carrier to provide their own monitor and
test points, if required, for connection directly to its terminal
equipment. If Carrier cannot attend the scheduled turn-up
phase meeting for any reason, Carrier must provide Frontier
with seventy-two (72) hours advanced written notice prior to
the scheduled meeting. If Carrier fails to attend the
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scheduled meeting without the advanced written
notification, Frontier reserves the right to charge Carrier
additional labor rates set forth in the Pricing Attachment for
subsequent turn-up meetings with Carrier which are
required to complete the turn-up phase of the Collocation
arrangement.
1.3.7.9 Interconnection Between Collocated Spaces. Dedicated
Transit Service (DTS), which allows for interconnection
between Carrier and another Carrier, provides a dedicated
electrical or optical path between Collocation arrangements
(caged, cageless, and virtual) of the same or of two different
Carriers within the same Frontier premises, using Frontier
provided distribution facilities. DTS is available for DS0,
DS1, DS3, and dark fiber cross connects. In addition,
Frontier will also provide other technically feasible cross-
connection arrangements, including lit fiber, on an Individual
Case Basis (ICB) as requested by Carrier and agreed to by
Frontier. Frontier will offer DTS to Carrier as long as such
access is technically feasible.
DTS is only available when both Collocation arrangements
(either caged, cageless, and/or virtual) being interconnected are
within the same Frontier premises, provided that the collocated
equipment is used for interconnection with Frontier and/or for
access to the Frontier’s unbundled network elements. Frontier
shall provide such DTS connections from Carrier's Collocation
arrangement to another Collocation arrangement of Carrier
within the same Frontier premises, or to a Collocation
arrangement of another Carrier in the same Frontier premises.
DTS is provided at the same transmission level from Carrier to
another Carrier.
The DTS arrangement requires Carrier to provide cable
assignment information for itself as well as for the other Carrier.
Frontier will not make cable assignments for DTS. Carrier is
responsible for all DTS ordering, bill payment, disconnect
orders and maintenance transactions and is the customer of
record. When initiating a DTS request, Carrier must submit an
Access Service Request (ASR) and a letter of agency from the
Carrier it is connecting to that authorizes the DTS connection
and facility assignment. DTS is provided on a negotiated
interval with Carrier.
1.3.7.10 Optical Facility Terminations. If Carrier requests access to
unbundled dark fiber interoffice facilities, Carrier may apply
for a fiber optic patchcord connection(s) between Frontier’s
fiber distribution panel (FDP) and Carrier’s collocated
transmission equipment and facilities. The fiber optic
patchcord cross connect is limited in use solely in
conjunction with access to unbundled dark fiber and
Dedicated Transit Service.
1.3.7.11 Non-Compliant Installations and Operations. If at any time
Frontier reasonably determines that either Carrier’s
Collocation equipment or it’s engineering and installation do
not meet the requirements outlined in this Attachment,
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Carrier will be responsible for the costs associated with the
removal of equipment or modification of the equipment or
engineering and installation to render it compliant. If Carrier
fails to correct any non-compliance with these standards
within thirty (30) days' written notice to Carrier, Frontier may
have the equipment removed or the condition corrected at
Carrier expense. If, during the installation phase, Frontier
reasonably determines that any Carrier designated
equipment is unsafe, non-standard or in violation of any
applicable fire, environmental, security, or other laws or
regulations, Frontier has the right to immediately stop the
work until the problem is corrected to Frontier's satisfaction.
However, when any of the above conditions poses an
immediate threat to the safety of Frontier employees,
interferes with the performance of Frontier’s service
obligations, or poses an immediate threat to the physical
integrity of the overhead superstructure or any other
facilities of Frontier, Frontier may perform such work and/or
take such action that Frontier deems necessary without
prior notice to Carrier. The reasonable cost of said work
and/or actions shall be borne by Carrier. Frontier reserves
the right to remove products, facilities and equipment from
its list of approved products upon ninety (90) days' notice to
Carrier if such products, facilities and equipment are
determined to be no longer compliant with NEBS safety
standards. If Carrier equipment poses an immediate safety
threat, Carrier shall remove the equipment immediately.
1.3.8 Access to Collocation Space. Frontier will permit Carrier's employees,
agents, and contractors approved by Frontier to have direct access to
Carrier's caged and cageless Collocation equipment twenty-four (24)
hours a day, seven (7) days a week and reasonable access to
Frontier’s restroom and parking facilities. Carrier's employees, agents,
or contractors must comply with the policies and practices of Frontier
pertaining to fire, safety, and security. Frontier reserves the right, with
twenty-four (24) hours prior notice to Carrier, to access Carrier’s
collocated partitioned space to perform periodic inspections to ensure
compliance with Frontier installation, safety and security practices.
Where Carrier shares a common entrance to the Frontier premise with
Frontier, the reasonable use of shared building facilities, e.g.,
elevators, unrestricted corridors, etc., will be permitted. However,
Frontier reserves the right to permanently remove and/or deny access
from Frontier premises, any Carrier employee, agent, or contractor
who violates Frontier’s policies, work rules, or business conduct
standards, or otherwise poses a security risk to Frontier.
1.3.9 Network Outage, Damage and Reporting. Carrier shall be responsible
for: (a) any damage or network outage occurring as a result of Carrier
owned or Carrier designated termination equipment in Frontier
premise; (b) providing trouble report status when requested; (c)
providing a contact number that is readily accessible twenty-four (24)
hours a day, seven (7) days a week; (d) notifying Frontier of significant
outages which could impact or degrade Frontier's switches and
services and provide estimated clearing time for restoral; and (e)
testing its equipment to identify and clear a trouble report when the
trouble has been sectionalized (isolated) to Carrier service.
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Frontier will make every effort to contact Carrier in the event Carrier
equipment disrupts the network. If Frontier is unable to make contact
with Carrier, Frontier shall temporarily disconnect Carrier's service, as
provided in Section 1.3.11.
1.3.10 Security Requirements.
1.3.10.1 Security Measures. Carrier agrees that its
employees/vendors with access to Frontier premise shall at
all times adhere to the rules of conduct established by
Frontier for the Frontier premises and Frontier’s personnel
and vendors. Frontier reserves the right to make changes
to such procedures and rules to preserve the integrity and
operation of Frontier’s network or facilities or to comply with
applicable laws and regulations. Frontier will provide
Carrier with written notice of such changes. Where
applicable, Frontier will provide information to Carrier on the
specific type of security training required so Carrier’s
employees can complete such training.
Carrier will maintain with Frontier a list of all Carrier
employees who are currently authorized by Carrier to
access its caged and cageless Collocation space and will
include social security numbers of all such individuals.
Carrier will also maintain with Frontier a list of its collocated-
approved vendors and their social security numbers who
request access to caged and cageless Collocation space.
Only those individuals approved by Frontier will be allowed
access to Frontier premises and caged and cageless
Collocation space. Where required by agencies of federal,
state, or local government, only individuals that are U.S.
citizens will be granted access. All Carrier personnel must
obtain and prominently display a valid non-employee
Frontier identification card. Former employees of Frontier
will be given access to Frontier premises by Carrier in
accordance with the Frontier’s normal security procedures
applicable to any Vendor(s) or Contractor(s) on Frontier's
premises. Frontier reserves the right to revoke any
identification badge and/or access card of any Carrier
employee or agent found in violations of the terms and
conditions set forth herein.
Carrier must follow Frontier’s security guidelines, which are
published on Frontier’s web site. Frontier may suspend a
Carrier employee or agent from Frontier’s premises if
his/her actions materially affect the safety and/or integrity of
Frontier’s network or the safety of Frontier or other Carrier
employees/agents. Unless Carrier employee or agent
poses an immediate threat to Frontier or other Carriers,
Frontier will provide Carrier with a written explanation of
violations committed by the Carrier employee or agent four
(4) Business Days prior to suspending Carrier employee or
agent from Frontier premises. Carrier will have two (2)
Business Days to respond to Frontier’s notification. Any
such employee or agent may later be allowed readmission
to Frontier premises on mutually agreeable terms. Nothing
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in this section, however, restricts Frontier’s authority to bar
the Carrier employee or agent from Frontier premises for
violating Frontier’s security guidelines.
1.3.10.2 Security Standards. Frontier will be solely responsible for
determining the appropriate level of security in each Frontier
premise. Frontier reserves the right to deny access to
Frontier buildings and/or outside facility structures for any
Carrier employee, agent or contractor who cannot meet
Frontier's established security standards. Employees,
agents or contractors of Carrier are required to meet the
same security requirements and adhere to the same work
rules that Frontier's employees and contractors are required
to follow. Frontier also reserves the right to deny access to
Frontier buildings and/or outside facility structures for
Carrier's employee, agent and contractor for falsification of
records, violation of fire, safety or security practices and
policies or other just cause. Carrier employees, agents or
contractors who meet Frontier's established security
standards will be provided access to Carrier's caged and
cageless Collocation equipment 24 hours a day, seven days
a week and reasonable access to Frontier's restroom
facilities. If Carrier employees, agents or contractors
request and are granted access to other areas of Frontier's
premises, a Frontier employee, agent or contractor may
accompany and observe Carrier employee(s), agent(s) or
contractor(s) at no cost to Carrier. Frontier may use
reasonable security measures to protect its equipment,
including, for example, enclosing its equipment in its own
cage or other separation, utilizing monitored card reader
systems, digital security cameras, badges with
computerized tracking systems, identification swipe cards,
keyed access and/or logs, as deemed appropriate by
Frontier.
Frontier may require Carrier employees and contractors to
use a central or separate entrance to Frontier’s premises,
provided, however, that where Frontier requires that Carrier
employees or contractors access collocated equipment only
through a separate entrance, employees and contractors of
Frontier’s affiliates and subsidiaries will be subject to the
same restriction.
Frontier may construct or require the construction of a
separate entrance to access caged and cageless
Collocation space, provided that each of the following
conditions is met: (i) Construction of a separate entrance is
technically feasible; (ii) Either legitimate security concerns,
or operational constraints unrelated to the incumbent’s or
any of its affiliates’ or subsidiaries competitive concerns,
warrant such separation; (iii) Construction of a separate
entrance will not artificially delay Collocation provisioning;
and (iv) Construction of a separate entrance will not
materially increase Carrier’s Collocation costs.
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1.3.10.3 Access Cards/Identification. Access cards or keys will be
provided to no more than a reasonable number of
individuals for Carrier for each Frontier premise for the
purpose of installation, maintenance and repair of Carrier’s
caged and cageless Collocation equipment. All Carrier
employees, agents and contractors requesting access to
the Frontier premise are required to have a photo
identification card, which identifies the person by name and
the name of Carrier. The ID must be worn on the
individual's exterior clothing while on or at Frontier
premises. Frontier will provide Carrier with instructions and
necessary access cards or keys to obtain access to Frontier
premises. Carrier is required to immediately notify Frontier
by the most expeditious means, when any Carrier's
employee, agent or contractor with access privileges to
Frontier premises is no longer in its employ, or when keys,
access cards or other means of obtaining access to Frontier
premises are lost, stolen or not returned by an employee,
agent or contractor no longer in its employ. Carrier is
responsible for the immediate retrieval and return to Frontier
of all keys, access cards or other means of obtaining
access to Frontier premises upon termination of
employment of Carrier's employee and/or termination of
service. Carrier shall be responsible for the replacement
cost of keys, access cards or other means of obtaining
access when lost, stolen or failure of Carrier or Carrier's
employee, agent or contractor to return to Frontier.
1.3.11 Emergency Access. Carrier is responsible for providing a contact
number that is readily accessible 24 hours a day, 7 days a week.
Carrier will provide access to its Collocation space at all times to allow
Frontier to react to emergencies, to maintain the building operating
systems (where applicable and necessary) and to ensure compliance
with OSHA/Frontier regulations and standards related to fire, safety,
health and environment safeguards. Frontier will attempt to notify
Carrier in advance of any such emergency access. If advance
notification is not possible Frontier will provide notification of any such
entry to Carrier as soon as possible following the entry, indicating the
reasons for the entry and any actions taken which might impact
Carrier's facilities or equipment and its ability to provide service.
Frontier will restrict access to Carrier's Collocation space to persons
necessary to handle such an emergency. The emergency
provisioning and restoration of interconnection service shall be in
accordance with Part 64, Subpart D, Paragraph 64.401, of the FCC's
Rules and Regulations, which specifies the priority for such activities.
Frontier reserves the right, without prior notice, to access Carrier's
Collocation space in an emergency, such as fire or other unsafe
conditions, or for purposes of averting any threat of harm imposed by
Carrier or Carrier's equipment upon the operation of Frontier's or
another Carrier’s equipment, facilities and/or employees located
outside Carrier's Collocation space. Frontier will notify Carrier as soon
as possible when such an event has occurred. In case of a Frontier
work stoppage, Carrier's employees, contractors or agents will comply
with the emergency operation procedures established by Frontier.
Such emergency procedures should not directly affect Carrier's access
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to its premises, or ability to provide service. Carrier will notify Frontier
point of contact of any work stoppages by Carrier employees.
1.4 Space Requirements.
1.4.1 Space Availability. If Frontier is unable to accommodate caged and
cageless Collocation requests at a Frontier premise due to space
limitations or other technical reasons, Frontier will post a list of all such
sites on its website and will update the list within ten (10) calendar
days of the date at which a Frontier premise runs out of caged and
cageless Collocation space. This information will be listed at the
following public Internet URL:
https://wholesale.frontier.com/wholesale/collocation-and-licensing.
Where Frontier has denied caged and cageless Collocation requests
at a Frontier premise due to space limitations or other technical
reasons, Frontier shall: (a) submit to the state commission, subject to
any protective order as the state may deem necessary, detailed floor
plans or diagrams of the Frontier premise which show what space, if
any, Frontier or any of its affiliates has reserved for future use; and
describe in detail, the specific future uses for which the space has
been reserved and the length of time for each reservation; and (b)
allow Carrier to tour the entire premises of the Frontier premise,
without charge, within ten (10) calendar days of the tour request.
1.4.2 Minimum/Maximum/Additional Space. The standard sizes of caged
Collocation space will be increments of 100 square feet unless
mutually agreed to otherwise by Frontier and Carrier. The minimum
amount of floor space available to Carrier at the time of the initial
application will be twenty-five (25) square feet of caged Collocation
space or one (1) single bay in the case of cageless Collocation. The
maximum amount of space available in a specific Frontier premise to
Carrier will be limited to the amount of existing suitable space which is
technically feasible to support the Collocation arrangement requested.
Existing suitable space is defined as available space in a Frontier
premise that does not require the addition of AC/DC power, heat and
air conditioning, battery and/or generator back-up power and other
requirements necessary for provisioning Collocation services.
Additional space to provide for caged, cageless and/or adjacent
Collocation will be provided on a per request basis, where available.
Additional space can be requested by Carrier by completing and
submitting a new application form and the applicable non-refundable
engineering fee set forth in the Pricing Attachment. Frontier will not be
required to lease additional space when available space has been
exhausted.
1.4.3 Use of Space. Frontier and Carrier will work cooperatively to
determine proper space requirements, and efficient use of space. In
addition to other applicable requirements set forth in this Agreement,
Carrier shall install all its equipment within its designated area in
contiguous line-ups in order to optimize the utilization of space within
Frontier’s premises. Carrier shall use the Collocation space solely for
the purposes of installing, maintaining and operating Carrier's
equipment to interconnect for the exchange of traffic with Frontier
and/or for purposes of accessing UNEs. Carrier shall not construct
improvements or make alterations or repairs to the Collocation space
without the prior written approval of Frontier. The Collocation space
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may not be used for administrative purposes and may not be used as
Carrier’s employee(s) work location, office or retail space, or storage.
The Collocation space shall not be used as Carrier’s mailing or
shipping address.
1.4.4 Reservation of Space. Frontier reserves the right to manage its
Frontier premise conduit requirements and to reserve vacant space for
planned facility. Frontier will retain and reserve a limited amount of
vacant floor space within its Frontier premises for its own specific
future uses on terms no more favorable than applicable to other
Carriers seeking to reserve Collocation space for their own future use.
If the remaining vacant floor space within a Frontier premise is
reserved for Frontier’s own specific future use, the Frontier premise
will be exempt from future caged and cageless Collocation requests.
Carrier shall not be permitted to reserve Frontier premise cable space
or conduit system. If new conduit is required, Frontier will negotiate
with Carrier to determine an alternative arrangement for the specific
location. Carrier will be allowed to reserve Collocation space for its
caged/cageless arrangements based on Carriers documented forecast
provided Frontier and subject to space availability. Such forecast must
demonstrate a legitimate need to reserve the space for use on terms
no more favorable than applicable to Frontier seeking to reserve
vacant space for its own specific use. Cageless Collocation bays may
not be used solely for the purpose of storing Carrier equipment.
1.4.5 Collocation Space Report. Upon request by Carrier and upon Carrier
signing a Collocation nondisclosure agreement, Frontier will make
available a Collocation space report with the following information for
the Frontier premise requested:
1.4.5.1 Detailed description and amount of caged and cageless
Collocation space available;
1.4.5.2 Number of telecommunications carriers with existing
Collocation arrangements;
1.4.5.3 Modifications of the use of space since the last Collocation
space report requested; and,
1.4.5.4 Measures being taken, if any, to make additional
Collocation spaces available.
The Collocation space report is not required prior to the submission of
a Collocation application for a specific Frontier premise in order to
determine Collocation space availability for the Frontier premise. The
Collocation space report will be provided to Carrier within ten (10)
calendar days of the request provided the request is submitted during
the ordinary course of business. A Collocation space report fee
contained in the Pricing Attachment will be assessed per request and
per Frontier premise.
1.4.6 Reclamation. When initiating an application form, Carrier must have
started installing equipment approved for Collocation at Frontier
premise within a reasonable period of time, not to exceed sixty (60)
calendar days from the date Carrier accepts the Collocation
arrangement. If Carrier does not utilize its Collocation space within the
established time period, and has not met the space reservation
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requirements of Section 1.4.4 to the extent applicable, Frontier may
reclaim the unused Collocation space to accommodate another
Carrier’s request or Frontier’s future space requirements. Frontier
shall have the right, for good cause shown, and upon sixty (60)
calendar days’ notice, to reclaim any Collocation space, cable space
or conduit space in order to fulfill its obligation under public service law
and its Tariffs to provide telecommunication services to its Customers.
In such cases, Frontier will reimburse Carrier for reasonable direct
costs and expenses in connection with such reclamation. Frontier will
make every reasonable effort to find other alternatives before
attempting to reclaim any such space. Carrier may seek Commission
relief from reclamation within ten (10) Business Days of being notified.
1.5 Pricing.
1.5.1 Rate Sheet. The rates for Frontier’s Collocation services provided
pursuant to this Agreement are set forth in the Pricing Attachment only
to the extent that there are no corresponding rates in an applicable
Frontier Collocation Tariff that has been filed with the Commission and
become effective. If there is a Frontier Collocation Tariff that has been
filed with the Commission and become effective, the rates in such
Tariff shall apply and the rates set forth in the Pricing Attachment shall
not apply.
1.5.2 Subsequent to the execution of this Agreement, Frontier also may
elect to file a Collocation Tariff with the Commission with provisions
addressing any of the rates specified in this Agreement. Any such
Tariff, when it becomes effective, shall supersede and replace the
corresponding rates set forth in the Pricing Attachment and such rates
specified in the Pricing Attachment shall cease to be effective.
Notwithstanding anything in this Agreement to the contrary, the rates
identified in this Collocation Attachment also may be superseded
prospectively by rates contained in future final, binding and non-
appealable regulatory orders or as otherwise required by legal
requirements.
1.5.3 Billing and Payment. The initial payment of NRCs shall be due and
payable in accordance with Section 1.3.1. The balance of the NRCs
and all related monthly recurring service charges will be billed to
Carrier when Frontier provides Carrier access to the caged, cageless
or adjacent Collocation arrangement or completes installation of the
virtual Collocation arrangement and shall be payable in accordance
with applicable established payment deadlines.
1.6 Liability and Indemnification.
In addition to their other respective indemnification and liability obligations set
forth in this Agreement, each party shall meet the following obligations. To the
extent that this provision conflicts with any other provision in this Agreement, this
provision shall control. The fact that a provision appears in another part of the
Agreement but not in this Attachment, or in this Attachment and not in another
part of the Agreement, shall not be interpreted as, or deemed grounds for finding,
a conflict.
1.6.1 No liability shall attach to Frontier for damages arising from errors,
mistakes, omissions, interruptions, or delays of Frontier, its agents,
servants or employees, in the course of establishing, furnishing,
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rearranging, moving, terminating, or changing the service or facilities
(including the obtaining or furnishing of information in respect thereof
or with respect to the subscribers or users of the service or facilities) in
the absence of gross negligence or willful misconduct. Subject to the
preceding and to the provisions following, with respect to any claim or
suit, by Carrier or by any others, for damages associated with the
installation, provision, termination, maintenance, repair or restoration
of service, Frontier’s liability, if any, shall not exceed an amount equal
to the proportionate charge for the service by Frontier for the service
for the period during which service was affected.
1.6.2 Frontier shall not be liable for any act or omission of any other party
furnishing a portion of service used in connection with the services
herein.
1.6.3 Frontier is not liable for damages to Carrier premises resulting from
the furnishing of service, including the installation and removal of
equipment and associated wiring, unless the damage is caused by
Frontier’s gross negligence or willful misconduct.
1.6.4 Frontier shall be indemnified, defended and held harmless by Carrier
and/or its end user against any claim, loss or damage arising from the
use of services offered under this Attachment, involving:
1.6.4.1 All claims, including but not limited to injuries to persons or
property from voltages or currents, arising out of any act or
omission of Carrier or its end user in connection with
facilities provided by Frontier, Carrier, or the end user; or
1.6.4.2 Frontier shall not be liable to Carrier or its customers in
connection with the provision or use of the services
provided under this Attachment for indirect, incidental,
consequential, reliance or special damages, including
(without limitation) damages for lost profits, regardless of
the form of action, whether in contract, indemnity, warranty,
strict liability, or tort, including (without limitation) negligence
of any kind, even if Frontier has been advised of the
possibility of such loss or damage.
1.6.5 Frontier does not guarantee or make any warranty with respect to its
services when used in an explosive atmosphere. Frontier shall be
indemnified, defended and held harmless by Carrier from any and all
claims by any person relating to Carrier’s use of services so provided.
1.6.6 No license under patents (other than the limited license to use) is
granted by Frontier or shall be implied or arise by estoppel, with
respect to any service offered under this Attachment.
1.6.7 Frontier’s failure to provide or maintain services under this Attachment
shall be excused by labor difficulties, governmental orders, civil
commotions, criminal actions taken against Frontier, acts of God and
other circumstances beyond Frontier’s reasonable control.
1.6.8 Frontier shall not be liable for any act or omission of any other entity
furnishing to Carrier facilities, equipment, or services used in
conjunction with the services provided under this Attachment. Nor
shall Frontier be liable for any damages or losses due to unauthorized
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use of the services or the failure or negligence of Carrier or Carrier
end user, or due to the failure of equipment, facilities, or services
provided by Carrier or its end user.
1.6.9 Neither party shall be liable to the other or to any third party for any
physical damage to each other’s facilities or equipment within the
central office, unless caused by the gross negligence or willful
misconduct of the party’s agents or employees.
1.6.10 Carrier shall indemnify, defend and save harmless Frontier from and
against any and all losses, claims, demands, causes of action and
costs, including attorney’s fees, whether suffered, made, instituted or
asserted by Carrier or by any other party or person for damages to
property and injury or death to persons, including payments made
under any worker’s compensation law or under any plan for
employees’ disability and death benefits, which may arise out of or be
caused by the installation, maintenance, repair, replacement,
presence, use or removal of Carrier’s equipment or facilities or by their
proximity to the equipment or facilities or all parties occupying space
within or on the exterior of Frontier’s central office(s), or by any act or
omission of Frontier, its employees, agents, former or striking
employees, or contractors, in connection therewith, unless caused by
gross negligence or willful misconduct on the part of Frontier. These
provisions shall survive the termination, cancellation, modification or
rescission of the Agreement for at least 18 months from the date of the
termination.
Frontier shall indemnify, defend and save harmless Carrier from and
against any and all losses, claims, demands, causes of action and
costs, including attorneys’ fees, whether suffered, made, instituted or
asserted by Frontier or by any other party or person for damages to
property and injury or death to persons, including payments made
under any worker’s compensation law or under any plan for employees’
disability and death benefits, which may arise out of or be caused by
Frontier’s provision of service within or on the exterior of the central
office of by an act or omission of Carrier, its employees, agents, former
or striking employees, or contractors, in connection therewith, unless
caused by gross negligence or willful misconduct on the part of Carrier.
1.6.11 Carrier shall indemnify, defend and save harmless Frontier from and
against any and all losses, claims, demands, causes of action,
damages and costs, including but not limited to attorney’s fees and
damages costs, and expense of relocating conduit systems resulting
from loss of right-of-way or property owner consents, which may arise
out of or be caused by the presence, in, or the occupancy of the
central office by Carrier, and/or acts by Carrier, its employees, agents
or contractors.
1.6.12 Carrier shall indemnify, defend, and hold harmless Frontier, its
directors, officers and employees, servants, agents, affiliates and
parent, from and against any and all claims, cost, expense or liability
of any kind, including but not limited to reasonable attorney’s fees,
arising out of or relating to Carrier installation and operation of its
facilities or equipment within the multiplexing node, roof space and
transmitter space.
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1.6.13 Carrier represents, warrants and covenants that it shall comply with all
applicable federal, state or local law, ordinance, rule or regulations,
including but not limited to, any applicable environmental, fire, OSHA
or zoning laws. Carrier shall indemnify, defend, and hold harmless
Frontier, its directors, officers and employees, servants, agents,
affiliates and parent, from and against any and all claims, cost,
expense or liability of any kind including but not limited to fines or
penalties arising out of any breach of the foregoing by Carrier, its
directors, officers, employees, servants, agents, affiliates and parent.
These provisions shall survive the termination, cancellation,
modification or rescission of the Agreement for at least 18 months
from the date of the termination.
1.6.14 Frontier represents, warrants and covenants that it shall comply with
all applicable federal, state or local law, ordinance, rule or regulations,
in connection with its provision of service within or on the exterior of
the central office, including but not limited to, any applicable
environmental, fire, OSHA or zoning laws. Frontier shall indemnify,
defend, and hold harmless Carrier, its directors, officers, employees,
agents or contractors, from and against any and all claims, cost,
expense or liability of any kind including but not limited to fines or
penalties arising out of any breach of the foregoing by Frontier, its
directors, officers and employees, servants, agents, affiliates and
parent.
1.6.15 Frontier and Carrier shall each be responsible for all persons under
their control or aegis working in compliance herewith, satisfactorily,
and in harmony with all others working in or on the exterior of the
central office and, as appropriate, cable space.
1.7 Casualty.
1.7.1 If the Collocation equipment location or any part thereof is damaged
by fire or other casualty, Carrier shall give immediate notice thereof to
Frontier. The terms and conditions of this Attachment shall remain in
full force and effect with the following modifications:
1.7.1.1 If the Collocation equipment location or any part thereof is
partially damaged or rendered partially unusable by fire or
other casualty caused by Frontier, the damages thereto
shall be repaired by and at the expense of Frontier. Non-
recurring and monthly recurring charges, until such repair is
substantially completed, shall be apportioned from the day
following the casualty according to the part of the
Collocation equipment location which is usable. Frontier
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
If Frontier elects to restore the Collocation equipment
location, Frontier shall inform Carrier of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and will work in good faith to restore service
to Carrier as soon as possible. Frontier shall make repairs
and restorations with all reasonable expedition subject to
delays due to adjustment of insurance claims, labor troubles
and causes beyond Frontier’s reasonable control.
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1.7.1.2 If the Collocation equipment location or any part thereof is
totally damaged or rendered wholly unusable by fire or other
casualty caused by Frontier, then applicable non-recurring
and monthly recurring charges shall be proportionately paid
up to the time of the casualty and thenceforth shall cease
until the date when the Collocation equipment location shall
have been repaired and restored by Frontier. Frontier
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
If Frontier elects to restore the Collocation equipment
location, Frontier shall inform Carrier of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and will work in good faith to restore service
to Carrier as soon as possible. Frontier shall make repairs
and restorations with all reasonable expedition subject to
delays due to adjustment of insurance claims, labor troubles
and causes beyond Frontier’s reasonable control.
1.7.1.3 If the Collocation equipment location or any part thereof is
partially damaged or rendered partially unusable by fire or
other casualty through no fault of Frontier or Carrier, then
the applicable non-recurring and monthly recurring charges
shall be proportionately paid up to the time of the casualty
and thenceforth shall cease until the date when the
Collocation equipment location shall have been repaired
and restored. Any repair or restoration work undertaken by
Carrier in its Collocation arrangement must be done by a
Frontier-approved contractor and must be approved in
advance by Frontier. Frontier reserves the right to
discontinue Carrier’s Collocation equipment location or any
part thereof under the conditions specified in 1.8.2.
1.7.1.4 If the Collocation equipment location or any part thereof is
totally damaged, rendered wholly unusable, partially
damaged or rendered partially unusable by fire or other
casualty caused by Carrier, the liability and indemnification
provisions of this Attachment shall apply and Frontier may
terminate Carrier Collocation arrangement immediately.
1.7.2 If the Collocation equipment location or any part thereof is rendered
wholly unusable through no fault of Carrier, or (whether or not the
demised premises are damaged in whole or in part) if the building shall
be so damaged that Frontier shall decide to demolish it or to rebuild it,
then, in any of such events, Frontier may elect to discontinue Carrier
Collocation equipment location or any part thereof. In this event,
Frontier will provide Carrier with written notification within ninety (90)
days after such fire or casualty specifying a date for discontinuance.
The date of discontinuance shall not be more than sixty (60) days after
the issuance of such notice to Carrier. Carrier must vacate the
premises by the date specified in the notice. Frontier's rights against
Carrier under this Attachment prior to such discontinuance and any
applicable non-recurring and monthly recurring charges owing shall be
paid up to the date of discontinuance. Any payments of monthly
recurring charges made by Carrier, which were on account of any
period subsequent to such date shall be returned to Carrier.
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1.7.3 After any such casualty and upon request by Frontier, Carrier shall
remove from the Collocation equipment location and other associated
space, as promptly as reasonably possible, all of Carrier salvageable
inventory and movable equipment, furniture and other property.
1.7.4 In the event non-recurring and/or recurring charges were suspended
pursuant to 1.8.1, Carrier liability for applicable non-recurring and
monthly recurring charges shall resume either upon occupancy by
Carrier or thirty (30) days after written notice from Frontier that the
Collocation equipment location or any part thereof is restored to a
condition comparable to that existing prior to such casualty, which ever
comes first.
1.7.5 Nothing contained in these provisions shall relieve Carrier from liability
that may exist as a result of damage from fire or other casualty.
1.7.6 Each party shall look first to any insurance in its favor before making
any claim against the other party for recovery for loss or damage
resulting from fire or other casualty, and to the extent that such
insurance is in full force and collectible and to the extent permitted by
law, Frontier and Carrier each will release and waive all right of
recovery against the other or any one claiming through or under each
of them by way of subrogation or otherwise. The release and waiver
shall be in force only if both releasers' insurance policies contain a
clause providing that such release or waiver shall not invalidate the
insurance and also, provided that such a policy can be obtained
without additional premiums.
1.7.7 Frontier will not carry insurance on the Carrier furniture and/or
furnishings or any fixtures or equipment, improvements, or
appurtenances removable by Carrier and therefore will not be
obligated to repair any damage thereto or be obligated to replace the
same.
1.8 Implementation and Termination of Service.
1.8.1 Implementation of Collocation Charges. Frontier shall provide Carrier
with a notice (“Scheduled Completion Notice”) indicating the
scheduled completion date (“Scheduled Completion Date”) for the
Collocation arrangement. Frontier shall also provide a notice that will
remind Carrier of the Scheduled Completion Date and will request
Carrier to schedule and attend a “Collocation Acceptance Meeting”
(“CAM”). Collocation charges will be implemented in accordance with
this section regardless of the readiness of Carrier to utilize the
completed Collocation arrangement.
1.8.1.1 Collection of Non-Recurring Charges. The initial payment
of non-recurring charges (NRCs) shall be due and payable
in accordance with Section 1.3.3. Carrier shall pay the
balance of the NRCs (“NRC Balance”) upon Carrier
acceptance of the Collocation arrangement or thirty (30)
calendar days after the Collocation arrangement is
completed, whichever comes first.
1.8.1.2 Commencement of Recurring Charges. Monthly recurring
charges will commence upon Carrier acceptance of the
Collocation arrangement or thirty (30) calendar days after
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the Collocation arrangement is completed, whichever
comes first (“Commencement Date”), and shall continue
until terminated pursuant to Section 1.8).
1.8.1.3 Extension Request. A Carrier may request to extend or
delay the Scheduled Completion Date of a Collocation
arrangement for up to six (6) months. A Carrier electing to
extend the Scheduled Completion Date of a Collocation
arrangement must notify Frontier in writing (“Extension
Notice”) within thirty (30) calendar days after receiving the
Scheduled Completion Notice. In order for Frontier to delay
billing of monthly recurring charges for the applicable
Collocation arrangement, Carrier must remit the NRC
Balance to Frontier for the Collocation arrangement with the
Extension Notice. Monthly recurring charges will not be
billed by Frontier until the space for the Collocation
arrangement is accepted by Carrier or the six (6) month
extension period has expired, whichever comes first. At any
time during or after the extension period, if Carrier
terminates its Collocation arrangement, the termination shall
be governed by Section 1.8.4.
If Frontier ascertains the space for the Collocation
arrangement is needed to satisfy another Carrier’s
Collocation request prior to the end of the six (6) month
extension period, Frontier will notify Carrier that its
Collocation space has been requested by another Carrier.
Carrier will have up to five (5) Business Days after the
notification to retain the Collocation space by notifying
Frontier in writing that it desires to keep the space
(“Retention Notice”). If Carrier retains the Collocation
space, monthly recurring charges shall commence for
Carrier thirty (30) calendar days after Carrier sends the
Retention Notice or when Carrier accepts the space,
whichever comes first.
1.8.2 Grounds for Termination by Frontier. Failure by Carrier to comply with
the terms and conditions of this Attachment, including nonpayment of
rates and charges, may result in termination of Collocation service. In
addition to the other grounds for termination of Collocation services set
forth herein, Frontier reserves the right to terminate such services
upon thirty (30) calendar days notice in the event Carrier: (a) is not in
conformance with provisions of this Attachment or other Company
standards and requirements; and/or (b) imposes continued disruption
and threat of harm to Company employees and/or network, or
Frontier’s ability to provide service to other Carriers.
Frontier also reserves the right to terminate such services, without prior
notice, in the event Carrier’s Collocation arrangement imposes
emergency conditions, such as fire or other unsafe conditions, upon
the operation of Frontier’s equipment and facilities or to Company
employees located outside Carrier’s Collocation space.
Frontier reserves the right to inspect Carrier’s Collocation arrangement
to determine if sufficient DC Power and/or facility terminations are
being used to maintain interconnection and/or access to unbundled
network elements. If Frontier determines that the Collocation
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arrangement is not being used for interconnection and/or access to
unbundled network elements (from, for example, insufficient DC Power
and/or facility terminations), Frontier reserves the right to terminate
Carrier’s Collocation service upon thirty (30) calendar days notice.
If Frontier elects to terminate a Collocation arrangement pursuant to
this section, the termination shall be governed by Section 1.8.4.
1.8.3 Termination by Carrier. Carrier must notify Frontier in writing of its
plans to terminate a Collocation arrangement (“Carrier Termination
Notice”), and such Carrier termination shall be governed by this
Section.
1.8.3.1 Termination After Completion. If Carrier elects to terminate
an existing Collocation arrangement after a Collocation
arrangement has been completed, the termination will be
effective thirty (30) calendar days after Frontier’s receipt of
Carrier Termination Notice. If Carrier terminates a
Collocation arrangement under this section, the termination
shall be governed by Section 1.8.4 and Carrier remains
responsible to pay any unpaid NRCs associated with the
terminated arrangement as set forth in Section 1.8.1. If the
Collocation arrangement being terminated contains
equipment in which a third party maintains an ownership or
a security interest, Carrier shall include a list of any such
owners and secured parties in Carrier Termination Notice.
1.8.3.2 Termination Prior to Completion. If Carrier elects to
terminate a request for Collocation when construction is in
progress and prior to completion of the Collocation
arrangement, the termination will be effective upon
Frontier’s receipt of Carrier Termination Notice. For all non-
recurring charges associated with providing the Collocation
arrangement, Carrier will be billed and is responsible for
payment of non-recurring charges in accordance with the
following (for the purposes of this section, the number of
“Days” refers to Business Days measured from Frontier’s
receipt of a complete application from Carrier):
1.8.3.2.1 Effective date of Carrier termination on or
between Days 1 to 15, Carrier owes 20% of non-
recurring charges.
1.8.3.2.2 Effective date of Carrier termination on or
between Days 16 to 30, Carrier owes 40% of
non-recurring charges.
1.8.3.2.3 Effective date of Carrier termination on or
between Days 31 to 45, Carrier owes 60% of
non-recurring charges.
1.8.3.2.4 Effective date of Carrier termination on or
between Days 46 to 60, Carrier owes 80% of
non-recurring charges.
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1.8.3.2.5 Effective date of Carrier termination after Day
60, Carrier owes 100% of non-recurring
charges.
If after applying these percentages to NRCs already paid by
Carrier, any refunds are due Carrier, such refunds shall be
applied first as a credit to any accounts with balances owed
by Carrier to Frontier, with any remaining refund amount
issued to Carrier. Engineering/major augment fees
submitted with the application will not be refunded. Carrier
Termination Notice must be received by Frontier prior to the
Scheduled Completion Date to avoid incurring any monthly
recurring charges.
1.8.4 Effects of Termination. If Frontier or Carrier terminates a Collocation
arrangement under the terms and conditions of this Attachment, the
following provisions shall apply:
1.8.4.1 Equipment Removal and Monthly Recurring Charges.
Carrier shall disconnect and remove its equipment from the
designated Collocation space by the effective date of the
termination. Upon removal by Carrier of all its equipment
from the Collocation space, if Carrier does not restore the
Collocation space to its original condition at time of
occupancy, Carrier will reimburse Frontier for the cost to do
so. Due to physical and technical constraints, removal of
Carrier entrance facility cable will be at Frontier’s option.
Carrier shall reimburse Frontier for all costs Frontier incurs
to decommission DC Power and transmission cable
terminations previously applied for by Carrier. Frontier
reserves the right to remove Carrier's equipment if Carrier
fails to remove and dispose of the equipment by the
effective date of the termination. Carrier will be charged the
appropriate additional labor charge in the Pricing
Attachment for the removal and disposal of such equipment.
All monthly recurring charges will continue to be charged to
Carrier until the effective date of the termination or, at
Frontier discretion, until any later date up to the date that all
equipment is removed and the Collocation space is restored
to its original condition at space turnover.
1.8.4.2 Refund of Non-Recurring Charges. If Frontier or Carrier
has terminated a Collocation arrangement pursuant to
Sections 1.8.2 and 1.8.3 and Carrier (“original Carrier”) has
paid a non-recurring charge(s) for an asset in a Collocation
arrangement, and is succeeded by another Carrier who
uses the same asset (“subsequent Carrier”), Carrier will
receive a refund from Frontier for the remaining
undepreciated amount of the asset upon occupancy by the
subsequent Carrier up to the applicable non-recurring
charges paid by the subsequent Carrier. If Frontier uses an
asset for which Carrier paid a non-recurring charge, Frontier
will make a pro rata refund of such paid non-recurring
charges to Carrier. For purposes of calculating prorated
refunds to Carrier, Frontier will use the economic life of the
asset. Any refunds issued pursuant to this section shall be
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applied first as a credit to any accounts with balances owed
by Carrier to Frontier, and any remaining refund amount will
be issued to Carrier. Engineering/major augment fees
submitted with the application and any other paid non-
recurring charges not associated with the asset will not be
refunded.
1.8.5 Closure, Decommissioning or Sale of Premises. Collocation
arrangements will automatically terminate if the premise in which the
Collocation space is located is closed, decommissioned or sold and no
longer houses Frontier’s network facilities. At least one hundred
eighty (180) days written notice will be given to Carrier of events which
may lead to the automatic termination of any such arrangement
pursuant to the terms and conditions of this Attachment, except when
extraordinary circumstances require a shorter interval. In such cases,
Frontier will provide notice to Carrier as soon as practicable. Frontier
will work with Carrier to identify alternate Collocation arrangements.
Frontier will work cooperatively with Carrier to minimize any potential
for service interruption resulting from such actions.
1.8.6 Miscellaneous. Frontier retains ownership of Frontier premise floor
space, adjacent land and equipment used to provide all forms of
Collocation. Frontier reserves for itself and its successors and
assignees, the right to utilize the Frontier premises’ space in such a
manner as will best enable it to fulfill Frontier's service requirements.
Carrier does not receive, as a result of entering into a Collocation
arrangement hereunder, any right, title or interest in Frontier’s premise
facility, the multiplexing node, multiplexing node enclosure, cable,
cable space, cable racking, vault space or conduit space other than as
expressly provided herein. To the extent that Carrier requires use of a
Frontier local exchange line, Carrier must order a business local
exchange access line (B1). Carrier may not use Frontier official lines.
1.9 Virtual Collocation.
Unless otherwise specified in this Section 1.9, the provisions contained in other
sections of the Collocation Attachment shall apply to virtual Collocation.
1.9.1 Description. Under virtual Collocation, Frontier installs and maintains
Carrier provided equipment, which is dedicated to the exclusive use of
Carrier in a Collocation arrangement. Carrier provides fiber-optic
facilities through Frontier entrance manholes for connection to Carrier
virtually collocated transmission equipment that provides
interconnection to Frontier facilities located in the premises.
The physical point of interface for connection to the virtual arrangement
is referred to as manhole zero. From this manhole into the premises,
Frontier shall assume ownership of and maintain the fiber. From this
manhole toward Carrier’s location, the fiber optic cable remains
Carrier’s responsibility, with Carrier performing all servicing and
maintaining full ownership. If Carrier is purchasing Frontier provided
unbundled interoffice facilities as transport, Carrier entrance fiber is not
required. All elements/services shall be connected to the output cables
of the virtual Collocation arrangement using Frontier designated cable
assignments, not channel assignments.
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Virtual Collocation is offered on a first come, first served basis and is
provided subject to the availability of space and facilities in each
premises where virtual Collocation is requested.
If Carrier requests virtual Collocation of equipment other than the
standard virtual arrangement, Carrier and Frontier will mutually agree
upon the type of equipment to be virtually collocated.
1.9.2 Implementation Intervals and Planning. Frontier and Carrier shall work
cooperatively to jointly plan the implementation milestones. Frontier
and Carrier shall work cooperatively in meeting those milestones and
deliverables as determined during the joint planning process. A
preliminary schedule will be developed outlining major milestones
including anticipated delivery dates for the Carrier-provided
transmission equipment and for training.
Frontier will notify Carrier of issues or unanticipated delays, as they
become known. Frontier and Carrier shall conduct additional joint
planning meetings, as reasonably required, to ensure all known issues
are discussed and to address any that may impact the implementation
process. Planning meetings shall include establishment of schedule,
identification of tests to be performed, spare plug-in/card requirements,
test equipment, and determination of the final implementation
schedule.
The implementation interval is 76 Business Days for all standard
arrangement requests which were properly forecast six months prior to
the application dates subject to the provisions in this Attachment
governing forecasting and capacity. Carrier shall deliver the virtual
Collocation equipment to Frontier premises by Business Day forty (40).
Frontier and Carrier shall work cooperatively to schedule each site on a
priority-based order. Frontier and Carrier shall mutually agree upon
intervals for non-standard arrangements.
1.9.3 Transmission Failure. Carrier shall be responsible for monitoring and
reporting signal loss to Frontier. In the event of a transmission failure,
Carrier shall be responsible for initial trouble isolation as set forth in
Section 1.9.9, regardless of whether the fiber span is equipped with
optical regeneration equipment.
1.9.4 Accommodations. Upon receipt of a completed application and
associated virtual engineering fee, Frontier will conduct an application
review, engineering review and site survey at the requested premises.
Frontier will notify Carrier within eight (8) Business Days of the results
of this review and site survey.
The dedicated terminal equipment inside Frontier’s premises shall be
provided by Carrier and leased to Frontier for the sum of one dollar
after successful installation and equipment testing by Frontier. The
term of the operating lease will run for the duration of the virtual
Collocation arrangement, at which time Carrier will remove the
equipment. Carrier will retain ownership of this equipment inside the
premises. Frontier will operate and maintain exclusive control over this
equipment inside the premises.
Where Frontier uses approved contractors for installation, maintenance
or repair of virtual Collocation arrangements, Carrier may hire the same
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approved contractors directly for installation, maintenance or repair of
Carrier designated equipment.
Where Frontier does not use contractors, Carrier designated
equipment and Carrier provided facilities used in the provision of virtual
Collocation will be installed, maintained and repaired by Frontier.
Frontier will maintain and repair Carrier designated equipment under
the same timeframe and standards as its own equipment.
Carrier personnel are not allowed on Frontier premises to maintain and
repair on virtual Collocation equipment.
Frontier shall monitor local premises and environmental alarms to
support the equipment. Frontier will notify Carrier if a local office alarm
detects an equipment affecting condition.
Frontier will be responsible to pull the fiber into and through the cable
entrance facility (i.e., vault) to the virtual Collocation arrangement. All
installations into the cable entrance facility are performed by Frontier
personnel or its agents.
No virtual Collocation arrangement will be placed in service by Frontier
until necessary training has been completed (refer to Section 1.9.11).
1.9.5 Plug-ins and Spare Cards. When a plug-in/card is determined by
Frontier to be defective, Frontier will label the plug-in as defective and
place it in Carrier-dedicated plug-in/card storage cabinet. Carrier will
be notified as the plug-in/card is replaced.
Frontier will not provide spare plug-ins/cards under any circumstances,
nor is Frontier responsible for Carrier’s failure to replace defective plug-
ins/cards. Frontier shall not be held responsible if Carrier provides an
inadequate supply of plug-ins/cards. Frontier will segregate and
secure Carrier-provided maintenance spares in Carrier-provided spare
plug-in/card cabinet.
Carrier shall provide the shop-wired piece of equipment fully pre-
equipped with working plug-ins/cards. In addition, Carrier shall provide
Frontier with maintenance spares for each plug-in/card type. The
number of maintenance spares shall be the manufacturer’s
recommended amount, unless otherwise mutually agreed by Frontier
and Carrier, provided however, that in no event shall the number of
spare plug-ins/cards be less than two of each type. These spares must
be tested by Carrier prior to delivery to Frontier.
In addition to maintenance spares, Carrier will also provide any unique
tools or test equipment required to maintain, turn-up, or repair the
equipment.
Upon receiving notification from Frontier that a plug-in/card has been
replaced, Carrier is then responsible to contact the Frontier operations
manager to arrange exchange and replacement of the plug-in/card.
Exchanged, pre-tested spares shall be provided within one week of
replacement of a defective plug-in/card.
Subject to premise space availability, Carrier shall have the option of
providing a stand-alone spare plug-in/card cabinet(s) or a rack-
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mountable spare plug-in/card cabinet(s), to Frontier’s specification, to
house the spare plug-ins/cards. The spare plug-in/card cabinet(s) and
minimum number of maintenance spares must be provided before the
virtual Collocation arrangement is completed and service is
established.
The amount of spare plug-ins/cards required will be based on the
manufacturer’s recommended amount, unless otherwise mutually
agreed by Frontier and Carrier.
1.9.6 Safety and Technical Standards. Frontier reserves all rights to
terminate, modify or reconfigure the provision of service to Carrier if, in
the discretion of Frontier, provision of service to Carrier may in any
way interfere with or adversely affect Frontier’s network or its ability to
service other Carriers.
All Carrier equipment to be installed in Frontier premises must fully
comply with the GR – 000063 – CORE, GR – 1089 – CORE and
Frontier’s premises environmental and transmission standards in effect
at the time of equipment installation. The equipment must also comply
with the requirements in NIP 74165, as they relate to fire, safety,
health, environmental, and network safeguards.
It is Carrier’s responsibility to demonstrate and provide to Frontier
adequate documentation from an accredited source certifying
compliance. Carrier equipment must conform to the same specific
risk/safety/hazard standards which Frontier imposes on its own
premises equipment as defined in RNSA – NEB – 95 – 0003, Revision
10 or higher.
Carrier equipment is not required to meet the same performance and
reliability standards as Frontier imposes on its own equipment as
defined in RNSA – NEB – 95 – 0003, Revision 10 or higher. Carrier
may install equipment that has been deployed by Frontier for five years
or more with a proven safety record.
All Carrier’s entrance facilities and splices must comply with TR – TSY
– 00020, TR – NWT – 001058, BR – 760 – 200 – 030 and SR – TAP –
001421 as they relate to fire, safety, health, environmental safeguards
and interference with Frontier’s services and facilities. Such
requirements include, but are not limited to the following: (1) The fibers
must be single mode; (2) The fiber optic units must be of loose tube (12
fibers) or ribbon (12 fibers) design; (3) The fiber cable must be marked
according to the cable marking requirements in GR – 20 – CORE,
Section 6.2.1 – 4; (4) The fiber must be identified according to the fiber
and unit identification (color codes) in GR – 20 – CORE, Section 6.2.5;
(5) Unless otherwise mutually agreed, the outer cable jacket shall
consist of a polyethylene resin, carbon black, and suitable antioxidant
system; and (6) Silica fibers shall be fusible with a commercially
available fusion splicer(s) that is commonly used for this operation.
1.9.7 Control Over Premises-Based Equipment. Frontier exercises
exclusive physical control over the premises-based transmission
equipment that terminates Carrier’s circuits and provides the
installation, maintenance, and repair services necessary to assure
proper operation of the virtually collocated facilities and equipment.
Such work will be performed by Frontier under the direction of Carrier.
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1.9.8 Removal of Equipment. Frontier reserves the right to remove facilities
and equipment from its list of approved products if such products,
facilities and equipment are determined to be no longer compliant with
NEBS standards or GR – 1089 – CORE.
1.9.9 Installation and Trouble Resolution. Frontier will process and prioritize
the trouble ticket in the same manner it does for its own equipment,
including the dispatch of a technician to the equipment. The
technician will contact Carrier at the number provided and service the
equipment as instructed and directed by Carrier.
1.9.10 Placement, Removal and Monitoring of Facilities and Equipment.
From manhole zero toward Carrier’s location the fiber optic cable
remains Carrier’s responsibility, with Carrier performing all servicing
and maintaining full ownership.
Carrier has the responsibility to remotely monitor and control their
circuits terminating in Frontier’s premises, however, Carrier will not
enter Frontier’s premises under virtual Collocation arrangements.
Performance and surveillance monitoring and trouble isolation shall be
provided by Carrier. A clear distinction must be made by Carrier when
submitting reports of troubles on Frontier services/elements connected
to the virtually collocated equipment and reports of troubles with the
collocated equipment. The former can be handled using Frontier
technicians and standard processes. The latter will require specially
trained technicians familiar with the collocated equipment (refer to
Section 1.9.11).
When Carrier isolates a trouble and determines that a Frontier
technician should be dispatched to the equipment location for a
servicing procedure, Carrier shall enter a trouble ticket with Frontier.
Carrier shall provide standard trouble information, including the virtual
Collocation arrangement’s circuit identification, nature of the activity
request, and the name and telephone number of Carrier’s
technician/contact.
Responses to all equipment servicing needs will be at Carrier’s
direction. Maintenance will not be performed without Carrier’s direct
instruction and authorization.
If Carrier is providing its own transport fiber for the virtual Collocation
arrangement, Carrier will arrange placement of the fiber into manhole
zero with enough length (as designated by Frontier) to reach the virtual
Collocation arrangement.
Maintenance activity (trouble in the equipment) is to be tested, isolated
and evaluated by Carrier. Frontier technicians will perform the
instructed activities on the equipment as specifically directed by
Carrier.
Carrier shall provide, own, and operate the terminal equipment at their
site outside Frontier’s premises.
1.9.11 Use of Non-Standard Equipment. When Carrier requests a virtual
Collocation arrangement consisting of equipment which Frontier does
not use in its network nor has deployed in that particular premise to
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provide service to itself or another Carrier, Carrier shall be responsible
for training 50%, but no fewer than five, of Frontier technicians in the
administrative work unit responsible for servicing the equipment. Any
special tools or electronic test sets that Frontier does not have at the
premises involved must be provided by Carrier with adequate
manufacturer’s training.
Carrier is responsible to arrange and pay all costs (including but not
limited to transportation and lodging for Frontier technicians) to have
Frontier technicians professionally trained by appropriate trainers
certified on the specific equipment to be used to provide the virtual
Collocation arrangement to Carrier. Carrier shall also pay for Frontier
technicians’ time subject to rates contained in the Pricing Attachment.
When travel is required, travel expenses associated with training will be
charged to Carrier based on ticket stubs and/or receipts. This includes
paying for mileage according to the IRS rates for personal car mileage
or airfare, as appropriate Carrier also has the option of arranging and
paying for all travel expenses for Frontier technicians directly.
In the event of an equipment upgrade, Carrier must provide secondary
training subject to the provisions contained herein.
1.9.12 Additions and Rearrangements. Once Carrier has established a
virtual Collocation arrangement, changes to the existing configuration,
(including but not limited to, growing, upgrading, and/or reconfiguring
the current equipment) are considered rearrangements to that virtual
Collocation arrangement. If Carrier decides to rearrange an existing
virtual Collocation arrangement, Carrier must submit a new application
outlining the details of the rearrangement along with a virtual
engineering/major augment fee.
1.9.13 Application of Rates and Charges.
Billing. Frontier will apply charges (e.g., non-recurring and recurring
rates for entry fiber, power, etc.) and commence billing for the virtual
Collocation arrangement upon completion of the installation, when it
shall have finished all elements of the installation under its control. The
readiness of Carrier to utilize the completed virtual Collocation
arrangement will not impair the right of Frontier to commence billing.
Frontier shall charge Carrier for all costs incurred in providing the
virtual Collocation arrangement, including, but not limited to, Frontier’s
planning, engineering and installation time and costs incurred by
Frontier for inventory services. Any and all expenses associated with
placing Carrier’s fiber in manhole zero, including license fees, shall be
the responsibility of Carrier.
Virtual Engineering Fee. Frontier will require a virtual
engineering/major augment fee (NRC) per virtual Collocation request,
per premise or other Frontier location where Carrier requests to
establish virtual Collocation. A virtual engineering/major augment fee
is required to be submitted by Carrier with its application. This fee
applies for all new virtual Collocation arrangements as well as
subsequent additions to an existing arrangement, and provides for
application processing, and for Frontier’s performance of an initial site
visit and an engineering evaluation.
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If Carrier cancels or withdraws its request for a virtual Collocation
arrangement prior to turn-up, Carrier will be liable for all costs and
liabilities incurred by Frontier in the developing, establishing, or
otherwise furnishing the virtual Collocation arrangement up to the point
of cancellation or withdrawal.
Other Virtual Collocation Rate Elements. The application, description,
and rates of Collocation rate elements that are also applicable for
virtual Collocation are described in the Pricing Attachment.
1.9.14 Conversions. Requests for converting virtual Collocation
arrangements to caged or cageless arrangements shall be submitted
and designated as an Augment Application described in Section 1.2.4.
Requests for converting a virtual arrangement to a cageless
arrangement that requires no physical changes to the arrangement will
be assessed a minor augment fee. All other conversion requests for
virtual to caged or cageless will be assessed an engineering/major
augment Fee and other applicable charges. Frontier will notify Carrier
within ten (10) Business Days following receipt of the completed
Augment Application if Carrier conversion request is accepted or
denied. When converting a virtual arrangement to a caged or
cageless arrangement, Carrier's equipment may need to be relocated.
Carrier will be responsible for all costs associated with the relocation
of its equipment as described in Section 1.2.6.
1.10 Microwave Collocation.
Microwave Collocation is available on a first-come first-served basis where
technically feasible. The microwave equipment may include microwave
antenna(s), mounts, towers or other antenna support equipment on the exterior
of the building, and radio transmitter/receiver equipment located either inside or
on the exterior of the building. All microwave antennas must be physically
interconnected to Frontier facilities through the Collocation arrangement. Unless
otherwise specified in this Section 1.10, the provisions contained in other
sections of the Collocation Attachment shall apply to microwave Collocation.
1.10.1 Accommodations. Frontier will provide space within the cable riser,
cable rack support structures and between the transmitter/receiver
space and the roof space needed to reach the physical or virtual
Collocation arrangement and to access Frontier’s interconnection
point. Waveguide may not be placed in Frontier cable risers or racks.
Frontier reserves the right to prohibit the installation of waveguide,
metallic conduit and coaxial cable through or near sensitive equipment
areas. The route of the waveguide and/or coaxial cable as well as any
protection required will be discussed during the pre-construction
survey.
Frontier will designate the space in, on or above the exterior walls and
roof of the premises, which will constitute the roof space or
transmitter/receiver space. Frontier may require Carrier’s
transmitter/receiver equipment to be installed in a locked cabinet which
may be free standing, wall mounted or relay rack mounted. Frontier
may enclose Carrier’s multiplexing node or transmitter/receiver
equipment in a cage or room.
At the option of Frontier, the antenna support structure shall be built,
owned and maintained by either Frontier or by Carrier. Frontier
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reserves the right to use existing support structures for Carrier’s
antenna, subject to space and capacity limitations. Frontier also
reserves the right to use any unused portion of a support structure
owned by Carrier for any reason, subject to the provisions set forth
below. It shall be the responsibility of the owner of the support
structure to maintain a record of the net book value of the structure.
When Frontier is the owner of the structure, it shall keep such records
in accordance with the FCC’s Part 32 uniform system of accounts.
When Carrier is the owner of the structure, it shall keep such records in
accordance with generally accepted accounting principles.
The owner of the support structure shall use reasonable efforts to
accommodate requests by other Carriers to use the support structure
for microwave interconnection on a first-come first-served basis.
For those interconnecting via microwave facilities, transmitter/receiver
equipment may be located in Carrier’s interior Collocation space, or in
a separate location inside or on the exterior of the building as
determined by Frontier.
1.10.2 Security. Frontier will permit Carrier’s employees, agents and
contractors approved by Frontier to have access to the areas where
Carrier’s microwave antenna and associated equipment (e.g., tower
and support structure, transmitter/receiver equipment, and waveguide
and/or coaxial cable) is located during normal business hours for
installation and routine maintenance, provided that Carrier employees,
agents and contractors comply with the policies and practices of
Frontier pertaining to fire, safety and security. Such approval will not
be unreasonably withheld. During non-business hours, Frontier will
provide access on a per event basis.
Frontier will also permit all approved employees, agents and contractors of
Carrier to have access to Carrier’s cable and associated equipment (e.g.,
repeaters). This will include access to riser cable, cableways, and any room or
area necessary for access.
1.10.3 Safety and Technical Standards. Frontier reserves the right to remove
facilities and equipment from its list of approved products if such
products, facilities and equipment are determined to be no longer
compliant with NEBS standards or electromagnetic compatibility and
electrical safety generic criteria for network telecommunication
equipment specified in GR – 1089 – CORE. Frontier will provide 90
days notice of the change unless it is due to an emergency which
renders notice impossible.
Frontier reserves the right to review wind or ice loadings, etc., for
antennas over 18 inches in diameter or for any multiple antenna
installations, and to require changes necessary to insure that such
loadings meet generally accepted engineering criteria for radio tower
structures.
The minimum height of equipment placement, such as microwave
antennas, must be eight feet from the roof. For masts, towers and/or
antennas over ten (10) feet in height, Carrier or if applicable, Frontier,
shall have the complete structure, including guys and supports,
inspected every two years by an acceptable licensed professional
engineer of its choice specializing in this type of inspection. For Carrier
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owned structures that are solely for the use of one Carrier’s antenna(s),
such inspection will be at Carrier’s own cost and expense. For
structures used by multiple Carriers, the costs associated with such
inspection shall be apportioned based on relative capacity ratios. A
copy of this report may be filed with Frontier within ten (10) days of the
inspection. The owner shall be responsible to complete all
maintenance and/or repairs, as recommended by the engineer, within
90 days.
Carrier shall provide written notice to Frontier of any complaint (and
resolution of such complaint) by any governmental authority or others
pertaining to the installation, maintenance or operation of Carrier’s
facilities or equipment located in roof space or transmitter/receiver
space. Carrier also agrees to take all necessary corrective action.
All Carrier microwave equipment to be installed in or on the exterior of
Frontier premises must be on the Frontier’s list of approved products,
or equipment that is demonstrated as complying with the technical
specifications described herein. Where a difference may exist in the
specifications, the more stringent shall apply.
Carrier must comply with Frontier technical specifications for
microwave Collocation interconnection specified in NIP – 74171 and
Frontier’s digital switch environmental requirements specified in NIP –
74165, as they relate to fire, safety, health, environmental, and network
safeguards, and ensure that Carrier provided equipment and
installation activities do not act as a hindrance to Frontier services or
facilities. Carrier’s equipment placed in or on roof space or
transmitter/receiver space must also comply with all applicable rules
and regulations of the FCC and the FAA.
Carrier facilities shall be placed, maintained, relocated or removed in
accordance with the applicable requirements and specifications of the
current edition of NIP – 74171, national electric code, the national
electrical safety code, rules and regulations of the OSHA, and any
governing authority having jurisdiction.
All Carrier microwave facilities must comply with Bellcore specifications
regarding microwave and radio based transmission and equipment,
CEF, BR – 760 – 200 – 030, and SR – TAP – 001421; and Frontier’s
practices as they relate to fire, safety, health, environmental
safeguards transmission and electrical grounding requirements, or
interference with Frontier services or facilities.
The equipment located in, on or above the exterior walls or roof of
Frontier’s building must either be on Frontier’s list of approved products
or fully comply with requirements specified in GR – 63 – CORE, GR –
1089 – CORE and NIP 74171. This equipment must also comply with
NIP – 74160, premise engineering environmental and transmission
standards as they relate to fire, safety, health, environmental
safeguards, or interference with Frontier service or facilities.
Each transmitter individually and all transmitters collectively at a given
location shall comply with appropriate federal, state and/or local
regulations governing the safe levels of radio frequency radiation. The
minimum standard to be met by Carrier in all cases is specified in ANSI
C95.1 – 1982.
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Carrier equipment must conform to the same specific risk, safety,
hazard standards which Frontier imposes on its own premises
equipment as defined in RNSA – NEB – 95 – 0003, Revision 10 or
higher. Carrier equipment is not required to meet the same
performance and reliability standards as Frontier imposes on its own
equipment as defined in RNSA – NEB – 95 – 0003, Revision 10 or
higher.
1.10.4 Placement and Removal of Facilities and Equipment. Prior to
installation of Carrier’s facilities or transmission equipment for
microwave interconnection, Carrier must obtain at its sole cost and
expense all necessary licenses, permits, approvals, and/or variances
for the installation and operation of the equipment and particular
microwave system, and when applicable for any towers or support
structures, as may be required by authorities having jurisdiction.
Carrier is not permitted to penetrate the building exterior wall or roof
when installing or maintaining transmission equipment and support
structures. All building penetration will be done by Frontier or a hired
agent of Frontier.
Any Carrier’s equipment used to produce or extract moisture must be
connected to existing or newly constructed building or roof top drainage
systems, at the expense of Carrier.
Carrier will be responsible for supplying, installing, maintaining,
repairing and servicing the following microwave specific equipment:
Waveguide, waveguide conduit, and/or coaxial cable, the microwave
antenna and associated tower and support structure and any
associated equipment; and the transmitter/receiver equipment and any
required grounding.
Carrier may install equipment that has been deployed by Frontier for
five years or more with a proven safety record.
1.10.5 Moves, Replacements or Other Modifications. Where Carrier intends
to modify, move replace or add to equipment or facilities within or
about the roof space or transmitter/receiver space(s) and requires
special consideration (e.g., use of freight elevators, loading dock,
staging area, etc.), Carrier must request and receive written consent
from Frontier. Such consent will not be unreasonably withheld.
Carrier shall not make any changes from initial installation in terms of
the number of transmitter/receivers, type of radio equipment, power
output of transmitters or any other technical parameters without the
prior written approval of Frontier.
1.10.6 Space and Facilities. Monthly rates are applicable to Carrier for the
space (generally on the premises roof) associated with Frontier or
other Carrier owned antenna support structures. The rate is
calculated using the rate per square foot, multiplied by the square
footage of the footprint, which resultant is multiplied by Carrier’s
relative capacity ratio (RCR), (i.e., the sum of the RCRs of each of the
Carrier’s antennas).
Square footage for the footprint will be based on the length times width
of the entire footprint formed on the horizontal plane (generally the roof
top) by the antenna(s), tower(s), mount(s), guy wires and/or support
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structures used by Carrier. For a non-rectangular footprint, the length
will be measured at the longest part of the footprint and the width will
be the widest part of the footprint.
The owner of the support structure may charge Carrier proposing to
use the structure, on a one-time basis, for the following costs and/or
values. Any incremental costs associated with installing the Carrier’s
antenna, including but not limited to, the costs of engineering studies,
roof penetrations, structural attachments, support structure modification
or reinforcement, zoning and building permits. A portion of the net
book value of the support structure is based on the RCR of Carrier’s
proposed antenna(s) to be mounted on the structure. Carrier’s RCR
represents the percent of the total capacity of the support structure
used by Carrier’s antenna(s) on the structure. Spare capacity shall be
deemed to be that of the owner of the structure. RCRs shall be
expressed as a two place decimal number, rounded to the nearest
whole percent. The sum of all users’ RCRs and the owner’s RCR shall
at all times equal 1.00. It shall be the responsibility of the owner of the
structure to provide Carrier the net book value of the structure at the
time of the proposed use. Upon request, the owner shall also provide
the proposed user accounting records or other documentation
supporting the net book value.
The owner of the structure may not assess Carrier any charges in
addition to the one-time charge described above, except that the owner
of the structure may assess Carrier a proportionate share of inspection
costs and Frontier may assess Carrier monthly recurring charges for
use of its roof space. At the time Carrier proposes to attach additional
antennas to an existing support structure, it shall be the responsibility
of Carrier to obtain, at its cost and expense, an engineering analysis by
a registered structural engineer to determine the relative capacity ratio
of all antennas on the structure, including the proposed antennas.
When a Carrier is the owner of the structure, the proposed user shall
pay Carrier directly the one-time charge as set forth above. When
Frontier is the owner of the support structure, it shall determine the
charge on an individual case basis. In the event that Carrier as owner
of the support structure fails to comply with these provisions, at
Frontier’s option, ownership of the support structure shall transfer to
Frontier.
Costs incurred by Frontier to conduct a review for wind or ice loadings
(etc.) for antennas over 18 inches in diameter, or for any multiple
antenna installation, and any changes which may be required thereto in
order to insure that such loadings meet generally accepted engineering
criteria for radio tower structures, will be billed to Carrier.
1.10.7 Emergency Power and/or Environmental Support. In the event special
work must be done by Frontier to provide emergency power or
environmental support to the transmitter/receiver equipment or
antenna, Carrier will be billed on a time and materials basis for the
costs incurred.
1.10.8 Escorting. When Carrier personnel are escorted by a qualified
Frontier employee for access to the roof space, transmitter/receiver
space, or cable risers and racking for maintenance, the miscellaneous
labor charges as set forth in the Pricing Attachment will apply.
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9-1-1 ATTACHMENT
1. 9-1-1/E9-1-1 Arrangements
1.1 9-1-1/E9-1-1 arrangements provide access to the appropriate PSAP by dialing a
3-digit universal telephone number, “9-1-1.” For areas where Frontier is the
9-1-1/E9-1-1 Service Provider, Frontier provides and maintains such equipment
and software at the Frontier 9-1-1 Tandem/Selective Router(s) and, if Frontier
manages the ALI Database, the ALI Database, as is necessary for 9-1-1/E9-1-1
Calls. For areas where TDSM is the 9-1-1/E9-1-1 Service Provider, TDSM
provides and maintains such equipment and software at the TDSM 9-1-1
Tandem/Selective Router(s) and, if TDSM manages the ALI Database, the ALI
Database, as is necessary for 9-1-1/E9-1-1 Calls.
1.2 For areas where TDSM is the 9-1-1/E9-1-1 Service Provider, TDSM shall make
the following information available to Frontier, to the extent permitted by
Applicable Law:
1.2.1 a listing of the CLLI Code (and SS7 point code when applicable) of
each TDSM 9-1-1 Tandem/Selective Router and associated
geographic location served;
1.2.2 a listing of appropriate TDSM contact telephone numbers and
organizations that have responsibility for operations and support of
TDSM’s 9-1-1/E9-1-1 network and ALI Database systems; and
1.2.3 where TDSM maintains a Master Street Address Guide (MSAG) on
behalf of a Controlling 9-1-1 Authority, upon request by Frontier and as
permitted by the Controlling 9-1-1 Authority, a complete copy of such
MSAG and, as the MSAG is updated, changed or revised from time-to-
time, any updates, changes and revisions to the MSAG.
1.3 For areas where Frontier is the 9-1-1/E9-1-1 Service Provider, Frontier shall
make the following information available to TDSM, to the extent permitted by
Applicable Law:
1.3.1 a listing of the CLLI Code (and SS7 point code when applicable) of
each Frontier 9-1-1 Tandem/Selective Router and associated
geographic location served;
1.3.2 a listing of appropriate Frontier contact telephone numbers and
organizations that have responsibility for operations and support of
Frontier’s 9-1-1/E9-1-1 network and ALI Database systems; and
1.3.3 where Frontier maintains a Master Street Address Guide (MSAG) on
behalf of a Controlling 9-1-1 Authority, upon request by TDSM and as
permitted by the Controlling 9-1-1 Authority, a complete copy of such
MSAG and, as the MSAG is updated, changed or revised from time-to-
time, any updates, changes and revisions to the MSAG.
2. ALI Database
2.1 For areas where TDSM is the 9-1-1/E9-1-1 Service Provider and TDSM
manages the ALI Database, Frontier and TDSM shall establish mutually
acceptable arrangements and procedures for inclusion of Frontier End User data
in the ALI Database. For areas where Frontier is the 9-1-1/E9-1-1 Service
TDS ID Final 07 10 19.docx 166
Provider and Frontier manages the ALI Database, Frontier and TDSM shall
establish mutually acceptable arrangements and procedures for inclusion of
TDSM Customer data in the ALI Database.
3. Interconnection for Exchange of 9-1-1/E9-1-1 Calls between the Parties
3.1 Each Party shall provide to the other Party, in accordance with this Agreement,
but only to the extent required by Applicable Law, interconnection at any
technically feasible Point(s) of Interconnection on Frontier’s network, for the
transmission and routing of 9-1-1/E9-1-1 Calls from Frontier to TDSM for the
transmission and routing of such 9-1-1/E9-1-1 Calls by TDSM to PSAPs for
which TDSM is the 9-1-1/E9-1-1 Service Provider. By way of example, a
technically feasible Point of Interconnection on Frontier’s network would include
an applicable Frontier Tandem Interconnection Wire Center, Frontier End Office
Interconnection Wire Center, or Frontier 9-1-1 Tandem/Selective Router
Interconnection Wire Center, but, notwithstanding any other provision of this
Agreement or a Tariff or otherwise, would not include a TDSM Interconnection
Wire Center, TDSM switch or selective router, or any portion of a transport facility
provided by Frontier to TDSM or another party between (x) a Frontier
Interconnection Wire Center, switch or selective router and (y) the
Interconnection Wire Center, switch or selective router of TDSM or another party.
For brevity’s sake, the foregoing examples of locations that, respectively, are and
are not “on Frontier’s network” shall apply (and are hereby incorporated by
reference) each time the term “on Frontier’s network” is used in this Agreement.
Notwithstanding the foregoing Frontier shall have no obligation to transport
9-1-1/E9-1-1 Calls between noncontiguous Frontier exchanges to reach a POI. A
POI at a Frontier switching or routing entity or Wire Center shall only provide
interconnection with the customers served by that switching or routing entity or
Wire Center, and (in the event of a POI at a tandem or host switch) the
customers served by any subtending switching entity.
3.2 For Frontier End User 9-1-1/E9-1-1 Calls delivered by Frontier to TDSM for the
transmission and routing of such 9-1-1/E9-1-1 Calls by TDSM to PSAPs for
which TDSM is the 9-1-1/E9-1-1 Service Provider, Frontier shall provide for
transmission and routing of such 9-1-1/E9-1-1 Calls with ANI from Frontier End
Users to the POI(s) established by the Parties at technically feasible Point(s) of
Interconnection on Frontier’s network. In providing for transmission and routing
of 9-1-1/E9-1-1 Calls from Frontier End Users to the POI(s) established by the
Parties at technically feasible Point(s) of Interconnection on Frontier’s network,
Frontier shall have the right to use such services, trunks, facilities, arrangements
and the like (including, but not limited to, switches and selective routers located
at points between the Frontier End Users and the POI(s) established by the
Parties at technically feasible Point(s) of Interconnection on Frontier’s network)
as Frontier in Frontier’s sole discretion may decide to use. For the avoidance of
any doubt and without in any way limiting Frontier’s rights under the preceding
sentence, in providing for transmission and routing of a 9-1-1/E9-1-1 Call from a
Frontier End User to the POI(s) established by the Parties at technically feasible
Point(s) of Interconnection on Frontier’s network, Frontier, in Frontier’s sole
discretion, may elect to use one or more switches or selective routers located
between the End Office serving the Frontier End User and the POI(s) established
by the Parties at technically feasible Point(s) of Interconnection on Frontier’s
network.
3.3 For 9-1-1/E9-1-1 Calls delivered to Frontier by Telecommunications Carriers
interconnected with Frontier and delivered by Frontier to TDSM for the
transmission and routing of such 9-1-1/E9-1-1 Calls by TDSM to PSAPs for
TDS ID Final 07 10 19.docx 167
which TDSM is the 9-1-1/E9-1-1 Service Provider, Frontier shall provide for
transmission and routing of such 9-1-1/E9-1-1 Calls with ANI (where ANI is
delivered to Frontier by a Telecommunications Carrier) from the Frontier point(s)
of interconnection with the Telecommunications Carriers to the POI(s)
established by the Parties at technically feasible Point(s) of Interconnection on
Frontier’s network. In providing for transmission and routing of 9-1-1/E9-1-1
Calls from Telecommunications Carriers interconnected with Frontier to the
POI(s) established by the Parties at technically feasible Point(s) of
Interconnection on Frontier’s network, Frontier shall have the right to use such
services, trunks, facilities, arrangements and the like (including, but not limited to,
switches and selective routers located at points between the Frontier point(s) of
interconnection with such Telecommunications Carriers and the POI(s)
established by the Parties at technically feasible Point(s) of Interconnection on
Frontier’s network) as Frontier in Frontier’s sole discretion may decide to use.
For the avoidance of any doubt and without in any way limiting Frontier’s rights
under the preceding sentence, in providing for transmission and routing of a
9-1-1/E9-1-1 Call from a Telecommunications Carrier interconnected with
Frontier to the POI(s) established by the Parties at technically feasible Point(s) of
Interconnection on Frontier’s network, Frontier, in Frontier’s sole discretion, may
elect to use one or more switches or selective routers located between the
Frontier point of interconnection with such Telecommunications Carrier and the
POI(s) established by the Parties at technically feasible Point(s) of
Interconnection on Frontier’s network.
3.4 For 9-1-1/E9-1-1 Calls delivered by Frontier to TDSM for the transmission and
routing of such 9-1-1/E9-1-1 Calls by TDSM to PSAPs for which TDSM is the
9-1-1/E9-1-1 Service Provider, TDSM, at no charge to Frontier, shall provide
transport for 9-1-1/E9-1-1 Calls from the POI(s) established by the Parties at
technically feasible Point(s) of Interconnection on Frontier’s network to the
PSAPs for which TDSM is the 9-1-1/E9-1-1 Service Provider. If TDSM obtains
such transport from Frontier, TDSM shall pay to Frontier the full Frontier rates
and charges (as set out in Frontier’s applicable Tariffs and this Agreement) for
such transport and for any services, facilities and/or arrangements provided by
Frontier for such transport (including, but not limited to, rates and charges for
Frontier-provided Exchange Access services [such as entrance facilities,
multiplexing and transport] and rates and charges for Collocation obtained by
TDSM from Frontier for interconnection of TDSM’s network with Frontier’s
network). TDSM shall pay to Frontier the full Frontier rates and charges (as set
out in Frontier’s applicable Tariffs and this Agreement) for interconnection at the
POI(s) established by the Parties at technically feasible Point(s) of
Interconnection on Frontier’s network and for any services, facilities and/or
arrangements provided by Frontier for such interconnection (including, but not
limited to, rates and charges for Collocation obtained by TDSM from Frontier for
interconnection of TDSM’s network with Frontier’s network). For the avoidance
of any doubt, there shall be no reduction in any Frontier rates or charges
because the transport, interconnection, services, facilities and/or arrangements
are used to carry 9-1-1/E9-1-1 Calls delivered by Frontier to TDSM.
3.5 Each Party shall provide to the other Party, in accordance with this Agreement,
but only to the extent required by Applicable Law, interconnection at Frontier
9-1-1 Tandem/Selective Router Interconnection Wire Centers, for the
transmission and routing of 9-1-1/E9-1-1 Calls from TDSM to Frontier for the
transmission and routing of such 9-1-1/E9-1-1 Calls by Frontier to PSAPs for
which Frontier is the 9-1-1/E9-1-1 Service Provider that subtend the Frontier
9-1-1 Tandem/Selective Router located at the Frontier 9-1-1 Tandem/Selective
Router Interconnection Wire Center where the Parties are interconnected. For
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the purposes of this Section 3.5, a PSAP for which Frontier is the 9-1-1/E9-1-1
Service Provider shall be deemed to subtend a particular Frontier 9-1-1
Tandem/Selective Router if Frontier regularly routes 9-1-1/E9-1-1 Calls from
Frontier End Users through such Frontier 9-1-1 Tandem/Selective Router to that
PSAP.
3.6 For 9-1-1/E9-1-1 Calls delivered by TDSM to Frontier for the transmission and
routing of such 9-1-1/E9-1-1 Calls by Frontier to PSAPs for which Frontier is the
9-1-1/E9-1-1 Service Provider, TDSM, at its own expense, shall provide transport
to deliver the 9-1-1/E9-1-1 Calls to the POI(s) established by the Parties at
Frontier 9-1-1 Tandem/Selective Router Interconnection Wire Centers. If TDSM
obtains from Frontier transport to deliver 9-1-1/E9-1-1 Calls to the POI(s)
established by the Parties at Frontier 9-1-1 Tandem/Selective Router
Interconnection Wire Centers, TDSM shall pay to Frontier the full Frontier rates
and charges (as set out in Frontier’s applicable Tariffs and this Agreement) for
such transport and for any services, facilities and/or arrangements provided by
Frontier for such transport (including, but not limited to, rates and charges for
Frontier-provided Exchange Access services [such as entrance facilities,
multiplexing and transport] and rates and charges for Collocation obtained by
TDSM from Frontier for interconnection of TDSM’s network with Frontier’s
network). TDSM shall pay to Frontier the full Frontier rates and charges (as set
out in Frontier’s applicable Tariffs and this Agreement) for interconnection at the
POI(s) established by the Parties at Frontier 9-1-1 Tandem/Selective Router
Interconnection Wire Centers and for any services, facilities and/or arrangements
provided by Frontier for such interconnection (including, but not limited to, rates
and charges for Collocation obtained by TDSM from Frontier for interconnection
of TDSM’s network with Frontier’s network). For the avoidance of any doubt,
there shall be no reduction in any Frontier rates or charges because the
transport, interconnection, services, facilities and/or arrangements are used to
carry 9-1-1/E9-1-1 Calls delivered by Frontier to TDSM.
3.7 This Section 3 does not apply with regard to 9-1-1/E9-1-1 Calls to the extent
such 9-1-1/E9-1-1 Calls are subject to Section 4, following.
3.8 Notwithstanding any of the foregoing in Section 3, Frontier shall have no
obligation to transport 9-1-1/E9-1-1 Calls between noncontiguous Frontier
exchanges to reach a POI. A POI at a Frontier switching or routing entity or Wire
Center shall only provide interconnection with the customers served by that
switching or routing entity or Wire Center, and (in the event of a POI at a tandem
or host switch) the customers served by any subtending switching entity.
4. Interconnection for Inter-PSAP Transfer of 9-1-1/E9-1-1 Calls
4.1 Where the Controlling 9-1-1 Authority for a PSAP for which Frontier is the
9-1-1/E9-1-1 Service Provider and the Controlling 9-1-1 Authority for a PSAP for
which TDSM is the 9-1-1/E9-1-1 Service Provider agree to transfer 9-1-1/E9-1-1
Calls from one PSAP to the other PSAP and each Controlling 9-1-1 Authority
requests its 9-1-1/E9-1-1 Service Provider to establish arrangements for such
9-1-1/E9-1-1 Call transfers, each Party shall provide to the other Party, in
accordance with this Agreement, but only to the extent required by Applicable
Law, interconnection at any technically feasible Point(s) of Interconnection on
Frontier’s network, for the transmission and routing of 9-1-1/E9-1-1 Calls from a
PSAP for which one Party is the 9-1-1/E9-1-1 Service Provider to a PSAP for
which the other Party is the 9-1-1/E9-1-1 Service Provider. The technically
feasible Point(s) of Interconnection on Frontier’s network shall be as described in
Section 3.1, above.
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4.2 For the transfer of 9-1-1/E9-1-1 Calls from one PSAP to another PSAP as
described in Section 4.1 above, each Party, at its own expense, shall provide
transport between the PSAP for which such Party is the 9-1-1/E9-1-1 Service
Provider and the POI(s) established by the Parties at technically feasible Point(s)
of Interconnection on Frontier’s network. If TDSM obtains from Frontier transport
between the PSAPs for which TDSM is the 9-1-1/E9-1-1 Service Provider and
the POI(s) established by the Parties at technically feasible Point(s) of
Interconnection on Frontier’s network, TDSM shall pay to Frontier the full Frontier
rates and charges (as set out in Frontier’s applicable Tariffs and this Agreement)
for such transport and for any services, facilities and/or arrangements provided
by Frontier for such transport (including, but not limited to, rates and charges for
Frontier-provided Exchange Access services [such as entrance facilities,
multiplexing and transport] and rates and charges for Collocation obtained by
TDSM from Frontier for interconnection of TDSM’s network with Frontier’s
network). TDSM shall pay to Frontier the full Frontier rates and charges (as set
out in Frontier’s applicable Tariffs and this Agreement) for interconnection at the
POI(s) established by the Parties at technically feasible Point(s) of
Interconnection on Frontier’s network and for any services, facilities and/or
arrangements provided by Frontier for such interconnection (including, but not
limited to, rates and charges for Collocation obtained by TDSM from Frontier for
interconnection of TDSM’s network with Frontier’s network). For the avoidance
of any doubt, there shall be no reduction in any Frontier rates or charges
because the transport, interconnection, services, facilities and/or arrangements
are used to carry 9-1-1/E9-1-1 Calls delivered by Frontier to TDSM.
4.3 For the transfer of 9-1-1/E9-1-1 Calls from one PSAP to another PSAP as
described in Section 4.1 above, the Parties shall mutually agree upon: (a)
whether they will use one-way trunks (trunks with traffic going in one direction,
including one-way trunks and uni-directional two-way trunks) and/or two-way
trunks (trunks with traffic going in both directions); and, (b) design blocking
objectives for the trunks.
4.4 The Parties will maintain appropriate dial plans to support inter-PSAP call
transfer and shall notify each other of changes, additions or deletions to those
dial plans.
4.5 Notwithstanding the foregoing, where Frontier does not maintain a Selective
Router in the county or jurisdiction in question, Section 4 will not apply.
5. Initiating Interconnection
5.1 For each Frontier wire center in which one Party is or becomes the 9-1-1/E9-1-1
Service Provider for a PSAP to which the other Party will send 9-1-1/E9-1-1 Calls
pursuant to this Agreement and in which the Parties are not already
interconnected pursuant to this Agreement, TDSM shall provide written notice to
Frontier of the need to establish interconnection pursuant to this Agreement.
5.2 The notice provided in Section 5.1 above shall include (a) the proposed POI(s) to
be established at technically feasible Point(s) of Interconnection on Frontier’s
network in accordance with Section 3.1 above; (b) TDSM’s intended
interconnection activation date; (c) a forecast of TDSM’s trunking requirements;
and (d) such other information as Frontier shall reasonably request in order to
facilitate interconnection.
5.3 The interconnection activation date shall be mutually agreed to by the Parties
after receipt by Frontier of all necessary information as indicated above. Within
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ten (10) Business Days of Frontier’s receipt of TDSM’s notice provided for in
Section 5.1 above, Frontier and TDSM shall confirm the POI(s) to be established
at technically feasible Point(s) of Interconnection on Frontier’s network and the
mutually agreed upon interconnection activation date.
5.4 Prior to establishing interconnection, the Parties shall conduct a joint planning
meeting (“Joint Planning Meeting”). At that Joint Planning Meeting, each Party
shall provide to the other Party originating Centum Call Seconds (Hundred Call
Seconds) information, and the Parties shall mutually agree on the appropriate
initial number of trunks and the interface specifications at the POI(s) to be
established at technically feasible Point(s) of Interconnection on Frontier’s
network.
5.5 The procedure set out in Sections 5.1 through 5.4, preceding, for initiating
interconnection in which the Parties are not already interconnected pursuant to
this Agreement shall also apply when the Parties wish to establish pursuant to
this Agreement additional POI(s) at technically feasible Point(s) of
Interconnection on Frontier’s network in which the Parties are already
interconnected pursuant to this Agreement.).
5.6 Upon request by either Party, the Parties shall meet to: (a) review traffic and
usage data on trunk groups; and (b) determine whether the Parties should
establish new trunk groups, augment existing trunk groups, or disconnect
existing trunks.
5.7 Because Frontier will not be solely in control of when and how many two-way
trunks are established between its network and TDSM’s network, Frontier’s
performance in connection with these two-way trunk groups shall not be subject
to any performance measurements and remedies under this Agreement, and,
except as otherwise required by Applicable Law, under any FCC or Commission
approved carrier-to-carrier performance assurance guidelines or plan.
6. Trunk Forecasting Requirements.
6.1 Initial Trunk Forecast Requirements. At least ninety (90) days before initiating
interconnection in a LATA, TDSM shall provide Frontier a two (2)-year traffic
forecast that complies with the Frontier Trunk Forecast Guidelines, as revised
from time to time.
6.2 Ongoing Trunk Forecast Requirements. Where the Parties have already
established interconnection, on a semi-annual basis, TDSM shall submit a good
faith forecast to Frontier of the number of trunks that TDSM anticipates Frontier
will need to provide during the ensuing two (2) year period for the exchange of
traffic between TDSM and Frontier. TDSM’s trunk forecasts shall conform to the
Frontier Trunk Forecast Guidelines as in effect at that time. TDSM also shall
provide a new or revised traffic forecast that complies with the Frontier Trunk
Forecast Guidelines when TDSM develops plans or becomes aware of
information that will materially affect the Parties’ interconnection.
6.3 Use of Trunk Forecasts. Trunk forecasts provided pursuant to this Agreement
must be prepared in good faith but are not otherwise binding on TDSM or
Frontier.
6.4 If TDSM enters into a written contract with a Controlling 9-1-1 Authority to
become the 9-1-1/E9-1-1 Service Provider for a PSAP to which Frontier delivers
9-1-1/E9-1-1 Calls, upon written request by TDSM, to the extent authorized by
TDS ID Final 07 10 19.docx 171
the Controlling 9-1-1 Authority and the PSAP, Frontier shall advise TDSM of the
number of trunks, expressed as DS0 quantities, Frontier uses to deliver
9-1-1/E9-1-1 Calls from Frontier’s 9-1-1 Tandem/Selective Router(s) to that
PSAP.
7. Compensation
7.1 Subject to Sections 7.2 and 7.3 following, the rates and charges for the Services
provided by each Party to the other Party under this Attachment shall be as
provided in this Attachment and pursuant to the Pricing Attachment.
7.2 Notwithstanding any other provision of this Agreement or a Tariff or otherwise,
TDSM shall not bill to Frontier, and Frontier shall not be obligated to pay to
TDSM:
7.3 Any rates or charges (including, but not limited to, Reciprocal Compensation
Charges, Intercarrier Compensation Charges and Exchange Access Service
Charges) in connection with 9-1-1/E9-1-1 Calls (including, but not limited to,
9-1-1/E9-1-1 Calls delivered by Frontier to TDSM pursuant to Sections 3 and 4,
above, and 9-1-1/E9-1-1 Calls delivered by TDSM to Frontier pursuant to
Sections 3 and 4, above); or
7.4 Any other rates or charges for transmission, routing, transport or termination, or
for facilities used for transmission, routing, transport or termination, of
9-1-1/E9-1-1 Calls (including, but not limited to, 9-1-1/E9-1-1 Calls delivered by
Frontier to TDSM pursuant to Sections 3 and 4, above, and 9-1-1/E9-1-1 Calls
delivered by TDSM to Frontier pursuant to Sections 3 and 4, above); or
7.5 Any ALI Database related rates or charges (including, but not limited to, rates or
charges for Frontier to access, use, or include or store Frontier End User data in,
an ALI Database); or
7.6 Any MSAG related rates or charges (including, but not limited to, rates or
charges for an MSAG, MSAG updates, changes or revisions, or MSAG
information).
7.7 Notwithstanding any other provision of this Agreement or a Tariff or otherwise, for
9-1-1/E9-1-1 Calls delivered by TDSM to Frontier pursuant to Sections 3 and 4
above, Frontier shall not bill to TDSM, and TDSM shall not be obligated to pay to
Frontier, any charges (including, but not limited to Reciprocal Compensation
Charges, Intercarrier Compensation Charges, or Exchange Access Service
Charges) for the transport of such 9-1-1/E9-1-1 Calls from the POI(s) established
by the Parties at technically feasible Point(s) of Interconnection on Frontier’s
network to PSAPs for which Frontier is the 9-1-1/E9-1-1 Service Provider.
However, for the avoidance of any doubt, notwithstanding anything in the
preceding sentence of this Section 7.7 or in any other provision of this
Agreement or a Tariff or otherwise, TDSM shall be obligated to pay to Frontier:
(a) the full Frontier rates and charges (as set out in Frontier’s applicable Tariffs
and this Agreement) for transport, services, facilities and/or arrangements
obtained by TDSM from Frontier for transport of 9-1-1/E9-1-1 Calls to the POI(s)
established by the Parties at technically feasible Point(s) of Interconnection on
Frontier’s network (including, but not limited to, rates and charges for Frontier-
provided Exchange Access services [such as entrance facilities, multiplexing and
transport] used by TDSM for transport of 9-1-1/E9-1-1 Calls to the POI(s)
established by the Parties at technically feasible Point(s) of Interconnection on
Frontier’s network, and rates and charges for Collocation obtained by TDSM from
TDS ID Final 07 10 19.docx 172
Frontier for interconnection of TDSM’s network with Frontier’s network); and, (b)
the full Frontier rates and charges (as provided for in Frontier’s applicable Tariffs
and this Agreement) for interconnection of TDSM’s network with Frontier’s
network at the POI(s) established by the Parties at technically feasible Point(s) of
Interconnection on Frontier’s network (including, but not limited to, rates and
charges for Collocation obtained by TDSM from Frontier for interconnection of
TDSM’s network with Frontier’s network). For the avoidance of any doubt, there
shall be no reduction in any Frontier rates or charges because the transport,
interconnection, services, facilities and/or arrangements are used to carry
9-1-1/E9-1-1 Calls delivered by Frontier to TDSM.
8. 9-1-1/E9-1-1 General
8.1 Frontier and TDSM shall work cooperatively to arrange meetings with the
Controlling 9-1-1 Authorities to answer any technical questions the PSAPs or
Controlling 9-1-1 Authority coordinators may have regarding the 9-1-1/E9-1-1
arrangements.
8.2 Each Party shall collect and remit, as required, any 9-1-1/E9-1-1 applicable
surcharges from its Customers in accordance with Applicable Law.
8.3 Nothing in this Agreement shall be deemed to prevent Frontier from billing to a
Controlling 9-1-1 Authority or PSAP rates or charges for:
8.3.1 services, facilities and/or arrangements provided by Frontier in
connection with 9-1-1/E9-1-1 Calls from a Frontier End User or a
Telecommunications Carrier interconnected with Frontier to a PSAP
for which TDSM is the 9-1-1/E9-1-1 Service Provider (including, but
not limited to, charges for the transmission and routing of 9-1-1/E9-1-1
Calls from Frontier End Users or Telecommunications Carriers
interconnected with Frontier to the technically feasible Point(s) of
Interconnection on Frontier’s network);
8.3.2 services, facilities and/or arrangements provided by Frontier in
connection with 9-1-1/E9-1-1 Calls from TDSM to a PSAP for which
Frontier is the 9-1-1/E9-1-1 Service Provider;
8.3.3 services, facilities and/or arrangements provided by Frontier in
connection with the transfer of 9-1-1/E9-1-1 Calls between PSAPs;
8.3.4 ALI Database related activities (including, but not limited to, Frontier’s
access to, use of, or inclusion or storage of Frontier End User data in,
an ALI Database);
8.3.5 MSAG related activities (including, but not limited to, Frontier’s
obtaining or using an MSAG, MSAG updates, changes or revisions, or
MSAG information); or
8.3.6 Frontier to recover any costs incurred by it in connection with
9-1-1/E9-1-1 Calls or providing 9-1-1/E9-1-1 services to any person.
8.4 Nothing in this Agreement shall be deemed to prevent TDSM from billing to a
Controlling 9-1-1 Authority or PSAP rates or charges for:
TDS ID Final 07 10 19.docx 173
8.4.1 services, facilities and/or arrangements provided by TDSM in
connection with 9-1-1/E9-1-1 Calls from TDSM to a PSAP for which
Frontier is the 9-1-1/E9-1-1 Service Provider;
8.4.2 services, facilities and/or arrangements provided by TDSM in
connection with 9-1-1/E9-1-1 Calls from a Frontier End User or a
Telecommunications Carrier interconnected with Frontier to a PSAP
for which TDSM is the 9-1-1/E9-1-1 Service Provider (including, but
not limited to, charges for the transmission and routing of 9-1-1/E9-1-1
Calls from Frontier End Users or Telecommunications Carriers
interconnected with Frontier from the technically feasible Point(s) of
Interconnection on Frontier’s network to a PSAP for which TDSM is
the 9-1-1/E9-1-1 Service Provider);
8.4.3 services, facilities and/or arrangements provided by TDSM in
connection with the transfer of 9-1-1/E9-1-1 Calls between PSAPS;
8.4.4 ALI Database related activities;
8.4.5 MSAG related activities (including, but not limited to, TDSM’s obtaining
or using an MSAG, MSAG updates, changes or revisions, or MSAG
information); or
8.4.6 TDSM to recover any costs incurred by it in connection with
9-1-1/E9-1-1 Calls or providing 9-1-1/E9-1-1 services to any person.
9. Good Faith Performance
If and, to the extent that, Frontier, prior to the Effective Date, has not provided in the
State of Idaho a Service offered under this Attachment, Frontier reserves the right to
negotiate in good faith with TDSM reasonable terms and conditions (including, without
limitation, rates and implementation timeframes) for such Service; and, if the Parties
cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilize the Agreement’s dispute resolution
procedures.
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PRICING ATTACHMENT
1. General
1.1 As used in this Attachment, the term "Charges" means the rates, fees, charges
and prices for a Service.
1.2 Except as stated in Section 2 or Section 3 of this Attachment, Charges for
Services shall be as stated in this Section 1.
1.3 The Charges for a Service shall be the Charges for the Service stated in the
Providing Party’s applicable Tariff.
1.4 In the absence of Charges for a Service established pursuant to Section 1.3 of
this Attachment, the Charges shall be as stated in Appendix A of this Pricing
Attachment. For rate elements provided in Appendix A of this Pricing Attachment
that do not include a Charge, either marked as "TBD" or otherwise, Frontier is
developing such Charges and has not finished developing such Charges as of
the Effective Date of this Agreement ("Effective Date"). When Frontier finishes
developing such a Charge, Frontier shall notify TDSM in writing of such Charge
in accordance with, and subject to, the notices provisions of this Agreement and
thereafter shall bill TDSM, and TDSM shall pay to Frontier, for Services provided
under this Agreement on the Effective Date and thereafter in accordance with
such Charge. Any notice provided by Frontier to TDSM pursuant to this Section
1.4 shall be deemed to be a part of Appendix A of this Pricing Attachment
immediately after Frontier sends such notice to TDSM and thereafter.
1.5 The Charges stated in Appendix A of this Pricing Attachment shall be
automatically superseded by any applicable Tariff Charges. The Charges
stated in Appendix A of this Pricing Attachment also shall be automatically
superseded by any new Charge(s) when such new Charge(s) are required by
any order of the Commission or the FCC, approved by the Commission or the
FCC, or otherwise allowed to go into effect by the Commission or the FCC
(including, but not limited to, in a Tariff that has been filed with the Commission
or the FCC), provided such new Charge(s) are not subject to a stay issued by
any court of competent jurisdiction.
1.6 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.5 of this Attachment, if Charges for a Service are otherwise expressly
provided for in this Agreement, such Charges shall apply.
1.7 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.6 of this Attachment, the Charges for the Service shall be the Providing
Party’s FCC or Commission approved Charges.
1.8 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.7 of this Attachment, the Charges for the Service shall be mutually
agreed to by the Parties in writing.
2. Frontier Telecommunications Services Provided to TDSM for Resale Pursuant to
the Resale Attachment
2.1 Frontier Telecommunications Services for which Frontier is Required to Provide a
Wholesale Discount Pursuant to Section 251(c)(4) of the Act.
2.1.1 The Charges for a Frontier Telecommunications Service purchased by
TDSM for resale for which Frontier is required to provide a wholesale
TDS ID Final 07 10 19.docx 175
discount pursuant to Section 251(c)(4) of the Act shall be the Retail
Price for such Service set forth in Frontier’s applicable Tariffs (or, if
there is no Tariff Retail Price for such Service, Frontier’s Retail Price
for the Service that is generally offered to Frontier’s Customers), less,
to the extent required by Applicable Law: (a) the applicable wholesale
discount stated in Frontier’s Tariffs for Frontier Telecommunications
Services purchased for resale pursuant to Section 251(c)(4) of the Act;
or (b) in the absence of an applicable Frontier Tariff wholesale
discount for Frontier Telecommunications Services purchased for
resale pursuant to Section 251(c)(4) of the Act, the applicable
wholesale discount stated in Appendix A for Frontier
Telecommunications Services purchased for resale pursuant to
Section 251(c)(4) of the Act.
2.1.2 The Charges for a Frontier Telecommunications Service Customer
Specific Arrangement (“CSA”) purchased by TDSM for resale pursuant
to Section 3.3 of the Resale Attachment for which Frontier is required
to provide a wholesale discount pursuant to Section 251(c)(4) of the
Act shall be the Retail Price for the CSA, less, to the extent required
by Applicable Law: (a) the applicable wholesale discount stated in
Frontier’s Tariffs for Frontier Telecommunications Services purchased
for resale pursuant to Section 251(c)(4) of the Act; or (b) in the
absence of an applicable Frontier Tariff wholesale discount for Frontier
Telecommunications Services purchased for resale pursuant to
Section 251(c)(4) of the Act, the applicable discount stated in
Appendix A for Frontier Telecommunications Services purchased for
resale pursuant to Section 251(c)(4) of the Act. Notwithstanding the
foregoing, in accordance with, and to the extent permitted by
Applicable Law, Frontier may establish a wholesale discount for a CSA
that differs from the wholesale discount that is generally applicable to
Telecommunications Services provided to TDSM for resale pursuant
to Section 251(c)(4) of the Act.
2.1.3 Notwithstanding Sections 2.1 and 2.2 of this Attachment, in
accordance with, and to the extent permitted by Applicable Law,
Frontier may at any time establish a wholesale discount for a
Telecommunications Service (including, but not limited to, a CSA) that
differs from the wholesale discount that is generally applicable to
Telecommunications Services provided to TDSM for resale pursuant
to Section 251(c)(4) of the Act.
2.1.4 The wholesale discount stated in Appendix A shall be automatically
superseded by any new wholesale discount when such new wholesale
discount is required by any order of the Commission or the FCC,
approved by the Commission or the FCC, or otherwise allowed to go
into effect by the Commission or the FCC, provided such new
wholesale discount is not subject to a stay issued by any court of
competent jurisdiction.
2.1.5 The wholesale discount provided for in Sections 2.1.1 through 2.1.3 of
this Attachment shall not be applied to:
2.1.5.1 Short term promotions as defined in 47 CFR § 51.613;
2.1.5.2 Except as otherwise provided by Applicable Law, Exchange
Access services;
TDS ID Final 07 10 19.docx 176
2.1.5.3 Subscriber Line Charges, Federal Line Cost Charges, end
user common line Charges, taxes, and government
Charges and assessment (including, but not limited to, 9-1-
1 Charges and Dual Party Relay Service Charges).
2.1.5.4 Any other service or Charge that the Commission, the FCC,
or other governmental entity of appropriate jurisdiction
determines is not subject to a wholesale discount under
Section 251(c)(4) of the Act.
2.2 Frontier Telecommunications Services for which Frontier is Not Required to
Provide a Wholesale Discount Pursuant to Section 251(c)(4) of the Act.
2.2.1 The Charges for a Frontier Telecommunications Service for which
Frontier is not required to provide a wholesale discount pursuant to
Section 251(c)(4) of the Act shall be the Charges stated in Frontier’s
Tariffs for such Frontier Telecommunications Service (or, if there are
no Frontier Tariff Charges for such Service, Frontier’s Charges for the
Service that are generally offered by Frontier).
2.2.2 The Charges for a Frontier Telecommunications Service customer
specific contract service arrangement (“CSA”) purchased by TDSM
pursuant to Section 3.3 of the Resale Attachment for which Frontier is
not required to provide a wholesale discount pursuant to Section
251(c)(4) of the Act shall be the Charges provided for in the CSA and
any other Charges that Frontier could bill the person to whom the CSA
was originally provided (including, but not limited to, applicable
Frontier Tariff Charges).
2.3 Other Charges.
2.3.1 TDSM shall pay, or collect and remit to Frontier, without discount, all
Subscriber Line Charges, Federal Line Cost Charges, and end user
common line Charges, associated with Frontier Telecommunications
Services provided by Frontier to TDSM.
3. TDSM Prices
Notwithstanding any other provision of this Agreement, the Charges that TDSM bills
Frontier for TDSM's Services shall not exceed the Charges for Frontier's comparable
Services, except to the extent that TDSM’s cost to provide such TDSM’s Services to
Frontier exceeds the Charges for Frontier's comparable Services and TDSM has
demonstrated such cost to Frontier, or, at Frontier's request, to the Commission or the
FCC.
4. Regulatory Review of Prices
Notwithstanding any other provision of this Agreement, each Party reserves its respective
rights to institute an appropriate proceeding with the FCC, the Commission or other
governmental body of appropriate jurisdiction: (a) with regard to the Charges for its
Services (including, but not limited to, a proceeding to change the Charges for its
services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)
with regard to the Charges of the other Party (including, but not limited to, a proceeding
to obtain a reduction in such Charges and a refund of any amounts paid in excess of any
Charges that are reduced).
TDS ID Final 07 10 19.docx 177

APPENDIX A TO THE PRICING ATTACHMENT1
(IDAHO)
V2.1

I. Rates and Charges for Transport and Termination of Traffic2
A. Reciprocal Compensation Traffic Termination
Reciprocal Compensation Traffic End Office Rate: Bill and Keep

Reciprocal Compensation Traffic Tandem Rate: Bill and Keep

B. The Tandem Transit Service Charge: $0.0018345 per
mou
C. Entrance Facility and Transport for Interconnection Charges: Per Intrastate Special
Access Tariff 3
D. Exchange Access Service: Per Frontier Interstate and/or Frontier Intrastate
Access Tariff 4

1 This Appendix may contain rates for (and/or reference) services, facilities, arrangements and the like that Frontier does
not have an obligation to provide under the Agreement (e.g., services, facilities, arrangements and the like that Frontier is
not required to provide under Section 251 of the Act). Notwithstanding any such rates (and/or references) and, for the
avoidance of any doubt, nothing in this Appendix shall be deemed to require Frontier to provide a service, facility,
arrangement or the like that the Agreement does not require Frontier to provide, or to provide a service, facility,
arrangement or the like upon rates, terms or conditions other than those that may be required by the Agreement.
All rates and charges set forth in this Appendix shall apply until such time as they are replaced by new rates and/or
charges as the Commission or the FCC may approve or allow to go into effect from time to time, subject however, to any
stay or other order issued by any court of competent jurisdiction. In addition to any rates and charges set forth herein,
effective as of March 11, 2005, CLEC shall pay any rates and charges that apply to a CLEC's embedded base of certain UNEs pursuant to the FCC's Order on Remand, Unbundled Access to Network Elements; Review of the Section 251
Unbundling Obligations of Incumbent Local Exchange Carriers, WC Docket No. 04-313, CC Docket No. 01-338 (FCC rel.
Feb. 4, 2005), the foregoing being without limitation of other rates and charges that may apply under subsequent FCC
orders or otherwise. In addition, as set forth in Industry Notices, access tariff rates and/or other applicable non-UNE rates
may apply for certain facilities and arrangements that are no longer available as unbundled network elements or combinations thereof.

2 All rates and charges specified herein are pertaining to the Interconnection Attachment.

3 Any changes in billing rates either Party will provide notification as required by the state commission or terms of this
Agreement. TDSM will mirror Frontier’s interstate and intrastate switched access tariff rates. 4 Any changes in billing rates either Party will provide notification as required by the state commission or terms of this
Agreement. TDSM will mirror Frontier’s interstate and intrastate switched access tariff rates.

TDS ID Final 07 10 19.docx 178
II. Services Available for Resale
The avoided cost discount for all Resale services is 13.5%.

Non-Recurring Charges (NRCs) for Resale Services

Pre-ordering

CLEC Account Establishment Per CLEC $ 273.09
Customer Record Search Per Account $ 11.69

Ordering and Provisioning

Engineered Initial Service Order (ISO) - New Service $ 311.98
Engineered Initial Service Order - As Specified $ 123.84
Engineered Subsequent Service Order $ 59.61
Non-Engineered Initial Service Order - New Service $ 42.50
Non-Engineered Initial Service Order – Changeover $ 21.62
Non-Engineered Initial Service Order - As Specified $ 82.13
Non-Engineered Subsequent Service Order $ 19.55

Central Office Connect $ 12.21
Outside Facility Connect $ 68.30
Manual Ordering Charge $ 12.17

Product Specific:

NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom
Handling as listed in this Appendix, will be charged from the appropriate retail tariff. No
discount applies to such NRCs.

Custom Handling:

Service Order Expedite:
Engineered $ 35.48
Non-Engineered $ 12.59

Coordinated Conversions: $ 17.76
Central Office Connection $ 10.71
Outside Facility Connection $ 9.59

Hot Coordinated Conversion First Hour:
ISO $ 30.55
Central Office Connection $ 42.83
Outside Facility Connection $ 38.34

Hot Coordinated Conversion per Additional Quarter Hour:
ISO $ 6.40
Central Office Connection $ 10.71
Outside Facility Connection $ 9.59

TDS ID Final 07 10 19.docx 179
Application of NRCs

Pre-ordering:

CLEC Account Establishment is a one-time charge applied the first time that TDSM
orders any service from this Agreement.

Customer Record Search applies when TDSM requests a summary of the services
currently subscribed to by the end-user.

Ordering and Provisioning:

Engineered Initial Service Order - New Service applies per Local Service Request (LSR)
when engineering work activity is required to complete the order, e.g. digital loops.

Non-Engineered Initial Service Order - New Service applies per LSR when no
engineering work activity is required to complete the order, e.g. analog loops.

Initial Service Order - As Specified (Engineered or Non-Engineered) applies only to
Complex Services for services migrating from Frontier to TDSM. Complex Services are
services that require a data gathering form or have special instructions.

Non-Engineered. Initial Service Order - Changeover applies only to Basic Services for
services migrating from Frontier to TDSM. End-user service may remain the same or
change.

Central Office Connect applies in addition to the ISO when physical installation is
required at the central office.

Outside Facility Connect applies in addition to the ISO when incremental fieldwork is
required.

Manual Ordering Charge applies to orders that require Frontier to manually enter TDSM's
order into Frontier's Secure Integrated Gateway System (SIGS), e.g. faxed orders and
orders sent via physical or electronic mail.

Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite (Engineered or Non-Engineered) applies if TDSM requests
service prior to the standard due date intervals.

Coordinated Conversion applies if TDSM requests notification and coordination of service
cut over prior to the service becoming effective.

Hot Coordinated Conversion First Hour applies if TDSM requests real-time coordination
of a service cut-over that takes one hour or less.

Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.

TDS ID Final 07 10 19.docx 180
III. Prices for Unbundled Network Elements5
Monthly Recurring Charges

Local Loop

2 Wire Analog Loop (inclusive of NID) $ 45.00
4 Wire Analog Loop (inclusive of NID) $ 67.00
2 Wire Digital Loop (inclusive of NID) $ 45.00
4 Wire Digital Loop (inclusive of NID) $ 67.00
DS-1 Loop $ 160.31
DS-3 Loop $ 320.38

Supplemental Features:
ISDN-BRI Line Loop Extender $ 5.06
DS1 Clear Channel Capability $ 26.00

Subloop

2-Wire Distribution (inclusive of NID) $ 26.04
4-Wire Distribution (inclusive of NID) $ 45.64
2-Wire Drop (inclusive of NID) $ 5.57
4-Wire Drop (inclusive of NID) $ 5.91
Inside Wire BFR

Network Interface Device (leased separately)

Basic NID: $ 1.80
Complex (12 x) NID $ 1.90

Dedicated Transport Facilities

Interoffice Dedicated Transport:
IDT DS0 Transport Facility per ALM $ 0.13
IDT DS0 Transport Termination $ 12.90
IDT DS1 Transport Facility per ALM $ 1.91
IDT DS1 Transport Termination $ 45.00
IDT DS3 Transport Facility per ALM $ 25.15
IDT DS3 Transport Termination $ 234.14

Multiplexing (Dedicated Transport):
DS1 to Voice Multiplexing $ 194.78
DS3 to DS1 Multiplexing $ 550.00

DS1 Clear Channel Capability $ 26.00

5 For the avoidance of any doubt, in addition to any rates and charges set forth herein, effective as of March 11, 2005,
CLEC shall pay any rates and charges that apply to a CLEC's embedded base of certain UNEs pursuant to the TRRO, the
foregoing being without limitation of other rates and charges that may apply under subsequent FCC orders or otherwise;
in addition, as set forth in Industry Notices, access tariff rates and/or other applicable non-UNE rates for certain facilities
and arrangements that are no longer available as unbundled network elements or combinations thereof.

TDS ID Final 07 10 19.docx 181
Unbundled Dark Fiber

Unbundled Dark Fiber Loops
Dark Fiber Loop $ 67.13

Unbundled Dark Fiber Dedicated Transport
Dark Fiber IDT –Facility $ 24.80
Dark Fiber IDT –Termination $ 6.34

Intermediate Office Cross Connect TBD

EEL Pricing
MRCs. The MRCs for an EEL will generally be equal to the applicable MRCs for UNEs and
Multiplexing that comprise an EEL arrangement (e.g. UNE Loop, IDT, Multiplexing, & Clear
Channel Capability).
TDS ID Final 07 10 19.docx 182
Line Splitting (also referred to as “Loop Sharing”)6 7

A. Unbundled Local Loops As Applicable per this Appendix A for UNE Local 2-Wire
Digital (DSL qualified) Loops Monthly Recurring Charges and
Non-Recurring Charges as amended from time to time.
Includes, without limitation, Recurring 2-Wire Digital (DSL
qualified) Loop Charges, Service Order Charge (per order),
Service Connection Charge* (per loop), Service Connection-
Other Charge* (per loop), and Provisioning charges. Also
includes, without limitation, if applicable, Field Dispatch, TC
Not Ready, Loop Qualification, Engineering Query,
Engineering Work Order, Trouble Dispatch, Misdirects,
Dispatch In, Out, and Dispatch Expedites, Installation
Dispatch, Manual Intervention, Expedited, Digital Designed
Recurring and Non-Recurring Charges.

B. Other Charges i. Regrade NRC $9.59

ii. *Service Connection
*Service Connection/
Other
A second Service
Connection NRC and
Service Connection/Other
NRC applies on New Loop
Sharing Arrangements
involving the connection of
both voice and data
connections.

iii. Disconnect A disconnect NRC applies,
as applicable, on total Loop
Sharing disconnects.

iv. Line and Station
Transfers/Pair Swaps
An LST/Pair Swap NRC
applies, as applicable, on
LST activity performed on
New Loop Sharing
Arrangements.

C. Collocation Rates
Collocation Rates (including, without
limitation, Splitter Connection and
Installation Rates
As Applicable per this Appendix A.

6 Rates for the individual line splitting components are contained in existing terms for Unbundled Network Elements and
Collocation. 7 This Pricing Attachment incorporates by reference the rates set forth in the Agreement for the services and charges
referenced herein. In the event this Pricing Attachment refers to a service that is not available under the Agreement, the
Agreement shall control. Nothing in this Appendix A shall be deemed to require Frontier to provide a service that the
Agreement does not require Frontier to provide.
TDS ID Final 07 10 19.docx 183
NON-RECURRING CHARGES – LOOP AND NID

Pre-ordering

CLEC Account Establishment – per CLEC $ 166.32
Customer Record Search $ 4.21

Ordering and Provisioning

Loop
Engineered Initial Service Order (ISO) $ 294.07
Non-Engineered ISO $ 49.37
Central Office Connection $ 12.21
Outside Facility Connection (See Note 1) $ 68.30

NID
ISO $ 33.38
Outside Facility Connection $ 42.69

Custom Handling

Manual Ordering Charge $ 12.17

Service Order Expedite
Engineered Loop LSRs $ 25.80
All Other LSRs $ 3.36

Coordinated Conversions
ISO $ 17.76
Central Office Connection $ 10.71
Outside Facility Connection $ 9.59

Hot Coordinated Conversion First Hour
ISO $ 30.55
Central Office Connection $ 42.83
Outside Facility Connection $ 38.34

Hot Coordinated Conversion per Additional Quarter Hour
ISO $ 6.40
Central Office Connection $ 10.71
Outside Facility Connection $ 9.59

Note 1: The Outside Loop Facility Charge will apply when fieldwork is required for establishment
of a new unbundled loop service.

TDS ID Final 07 10 19.docx 184

NON-RECURRING CHARGES – OTHER UNEs

LOCAL WHOLESALE SERVICES
Ordering Provisioning
100%
Manual
Semi-
Mech.
Initial
Unit
Addt'l
Unit

UNBUNDLED SUBLOOP

Exchange - FDI Distribution Interconnection - Initial $ 36.32 $ 26.88 $ 61.90 $ 30.36
Exchange - FDI Distribution Interconnection - Subsequent $ 15.01 $ 11.83 $ 16.99 $ 7.22
Exchange - Serving Terminal Interconnection - Initial $ 36.32 $ 26.88 $ 28.99 $ 15.51
Exchange - Serving Terminal Interconnection - Subsequent $ 15.01 $ 11.83 $ 13.23 $ 6.41

UNBUNDLED DARK FIBER

Advanced - Service Inquiry Charge $ 405.87 $ 405.65 N/A N/A
Advanced - Interoffice Dedicated Transport - Initial $ 64.80 $ 64.57 $ 267.28 $ 224.68
Advanced - Unbundled Loop - Initial $ 64.80 $ 64.57 $ 261.86 $ 220.43
Intermediate Office Cross Connect TBD
Dark Fiber Record Review (with reservations) TBD
Dark Fiber Optional Engineering Services TBD

ENHANCED EXTENDED LOOPS (EELs) (WITH MANUAL AND SEMI MECHANIZED OPTIONS) Loop portion
(In addition, IDT charges apply if applicable to the EEL arrangement)

Advanced - Basic (2-wire and 4-wire) - Initial $ 88.39 $ 56.13 $ 12.21 N/A
Advanced - Basic (2-wire and 4-wire) - Subsequent $ 38.02 $ 21.89 $ 12.21 N/A
DS1/DS3 - Initial $ 97.94 $ 65.68 $ 12.21 N/A
DS1/DS3 - Subsequent $ 38.02 $ 21.89 $ 12.21 N/A
DS3 to DS1 Multiplexer N/A N/A $ 450.00 N/A
DS1 to DS0 Multiplexer N/A N/A $ 800.00 N/A

CHANGEOVER CHARGE
Conversion from Special Access to EELs or Transport

Advanced - Basic (2-wire and 4-wire) Changeover (As Is) $ 161.87 $ 99.77 $ 41.64 N/A
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)-
dditional MOG Mass Order Generator Onl
$ 7.52 $ 4.56 $ 41.64 N/A
Advanced - Complex (DS1 and above) Changeover (As Is) $ 179.37 $ 117.27 $ 41.64 N/A
Advanced - Complex (DS1 and above) Changeover (As Is)-
dditional MOG Mass Order Generator Onl
$ 7.52 $ 4.56 $ 41.64 N/A

TDS ID Final 07 10 19.docx 185

LOCAL WHOLESALE SERVICES
Ordering Provisioning
100%
Manual
Semi-
Mech.
Initial
Unit
Addt'l
Unit

Loop Conditioning - Bridged Tap N/A N/A $ 318.71 $ 34.88
Loop Conditioning - Load Coils N/A N/A $ 249.91 $ 0.00
Loop Conditioning - Load Coils / Bridged Tap N/A N/A $ 568.62 $ 34.88

LINE AND STATION TRANSFER8 $ 0.00 $ 0.00 $ 147.75 N/A

INTEROFFICE DEDICATED TRANSPORT (IDT)
(Also applies to IDT portion of an EEL arrangement)

Advanced - Basic (2-wire and 4-wire) - Initial $ 95.49 $ 63.01 $ 428.58 N/A
Advanced - Basic (2-wire and 4-wire) - Subsequent $ 45.12 $ 28.77 $ 58.20 N/A
Advanced - Complex (DS1 and above) - Initial $ 105.04 $ 72.56 $ 584.49 N/A
Advanced - Complex (DS1 and above) - Subsequent $ 45.12 $ 28.77 $ 86.80 N/A

EXPEDITES

Exchange Products $ 3.36 $ 3.36 N/A N/A
Advanced Products $ 25.80 $ 25.80 N/A N/A

OTHER

Customer Record Search (per account) $ 4.21 $ 0.00 N/A N/A
CLEC Account Establishment (per CLEC) $ 166.32 $ 166.32 N/A N/A
Design Change Charge - EELs and Transport $ 40.96 $ 40.96 N/A N/A

8 A Line and Station Transfer (LST) Charge applies when Frontier arranges or rearranges an individual circuit at a
terminal or cross-connect box to free up a pair or suitable facility at the required service location; examples include an
arrangement of copper to DLC, the rearrangement of IDLC to copper and the rearrangement of IDLC to UDLC.
TDS ID Final 07 10 19.docx 186

LOCAL WHOLESALE SERVICES
Ordering Provisioning
100%
Manual
Semi-
Mech.
Initial
Unit
Addt'l
Unit

ROUTINE NETWORK MODIFICATIONS9

Engineering Query10 N/A N/A $ 183.99 N/A
Engineering Work Order11 N/A N/A $ 94.40 N/A
Expedite Engineering Query10 12 N/A N/A $ 41.67 N/A
Expedite Engineering Work Order 11 12 N/A N/A $ 27.94 N/A
Clear Defective Pair N/A N/A $ 272.35 N/A
Reassignment of Non-Working Cable Pair N/A N/A $ 272.35 N/A
Binder Group Rearrangement N/A N/A $ 529.77 N/A
Repeater – Installation N/A N/A $ 1,597.10 N/A
Apparatus Case – Installation N/A N/A $ 2,992.81 N/A
Range Extenders – DS0 Installation N/A N/A $ 809.72 N/A
Range Extenders – DS1 Installation N/A N/A $ 809.72 N/A
Channel Unit to Universal/Cotted DLC System (existing) N/A N/A $ 170.30 N/A
Serving Terminal – Installation/Upgrade N/A N/A Time and
Material
N/A
Activate Dead Copper Pair N/A N/A $ 199.90 N/A
Multiplexer – 1/0 - Installation N/A N/A $12,211.41 N/A
Multiplexer – 1/0 – Reconfiguration N/A N/A $ 170.30 N/A
Multiplexer – 3/1 - Installation N/A N/A $26,981.19 N/A
Multiplexer – 3/1 – Reconfiguration N/A N/A $ 382.34 N/A
Multiplexer – Other – Installation N/A N/A Time and
Material
N/A
Move Drop N/A N/A $ 109.28 N/A
Cross-Connection – Existing Fiber Facility N/A N/A $ 346.93 N/A
Line Card – Installation N/A N/A $ 314.63 N/A
Copper Rearrangement N/A N/A $ 482.90 N/A
Central Office Terminal – Installation N/A N/A $35,307.87 N/A
IDLC Only Condition N/A N/A $36,847.28 N/A
Other Required Modifications N/A N/A Time and
Material
N/A

9 This Appendix may contain rates and charges for (and/or reference) services, facilities, arrangements and the like that
Frontier does not have an obligation to provide under the Agreement (e.g., services, facilities, arrangements and the like
for which an unbundling requirement does not exist under 47 U.S.C. Section 251(c)(3)). Notwithstanding any such rates
and/or charges (and/or references) and, for the avoidance of any doubt, nothing in this Appendix shall be deemed to
require Frontier to provide a service, facility, arrangement or the like that the Agreement does not require Frontier to
provide, or to provide a service, facility, arrangement or the like upon rates, terms or conditions other than those that may be required by the Agreement.

10 Engineering Query Charges apply in addition to charges for actual network modification and Engineering Work Order
charges where applicable.

11 Engineering Work Order Charges apply in addition to charges for actual network modification and Engineering Query
charges where applicable.

12 Expedite Charges apply in addition to other listed rates.
TDS ID Final 07 10 19.docx 187

LOCAL WHOLESALE SERVICES
Ordering Provisioning
100%
Manual
Semi-
Mech.
Initial
Unit
Addt'l
Unit

OTHER
Commingled Arrangements – per circuit NRC N/A N/A $ 50.00 N/A
Conversion – Service Order N/A N/A $ 19.33 N/A
Conversion - Installation per circuit N/A N/A $ 7.27 N/A
Circuit Retag – per circuit N/A N/A $ 59.43 N/A
N/A N/A N/A
Dark Fiber – Dark Fiber Routine Network Modifications N/A N/A Time and
Material
N/A

TDS ID Final 07 10 19.docx 188
Application of NRCs

Preordering:

CLEC Account Establishment is a one-time charge applied the first time that TDSM
orders any service from this Agreement.

Customer Record Search applies when TDSM requests a summary of the services
currently subscribed to by the end-user.

Ordering and Provisioning:

Initial Service Order (ISO) applies to each Local Service Request (LSR) and Access
Service Request (ASR) for new service. Charge is Manual (e.g. for a faxed order) or
Semi-Mechanized (e.g. for an electronically transmitted order) based upon the method of
submission used by TDSM.

Subsequent Service Order applies to each LSR/ASR for modifications to an existing
service. Charge is Manual or Semi-Mechanized based upon the method of submission
used by TDSM.

Advanced ISO applies per LSR/ASR when engineering work activity is required to
complete the order.

Exchange ISO applies per LSR/ASR when no engineering work activity is required to
complete the order.

Provisioning – Initial Unit applies per ISO for the first unit installed. The Additional Unit
applies for each additional unit installed on the same ISO.

Basic Provisioning applies to services that can be provisioned using standard network
components maintained in inventory without specialized instructions for switch
translations, routing, and service arrangements.

Complex Provisioning applies to services that require special instruction for the
provisioning of the service to meet the customer's needs.

Examples of services and their Ordering/Provisioning category that applies:
Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Subloop Distribution, Drop and
NID.

Exchange-Complex: Non-loaded Subloop Distribution and Loop Conditioning.
Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop

Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber and EELs.

Conditioning applies in addition to the ISO, for each Loop or Subloop UNE for the
installation and grooming of Conditioning requests.

DS1 Clear Channel Capability applies in addition to the ISO, per DS1 for the installation
and grooming of DS1 Clear Channel Capability requests.

Changeover Charge applies to EEL orders when an existing retail, resale, or special
access service is already in place.

TDS ID Final 07 10 19.docx 189
Service Inquiry – Dark Fiber applies per service inquiry when TDSM requests Frontier to
determine the availability of dark fiber on a specific route.

EELs - The NRCs that generally apply to an EEL arrangement are applicable ordering &
provisioning charges for EEL Loops, IDT, Multiplexing and Clear Channel Capability.

Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):

Service Order Expedite applies if TDSM requests service prior to the standard due date
intervals and the expedite request can be met by Frontier.

Coordinated Conversion applies if TDSM requests notification and coordination of service
cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if TDSM requests real-time coordination
of a service cut-over that takes one hour or less.

Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.

Design Change Charge applies to EELs & Transport orders for design changes
requested by TDSM.

TDS ID Final 07 10 19.docx 190
IV. Rates and Charges for 911
See State Access Tariff.

V. Collocation

A. Physical Collocation Monthly
Nonrecurring

1. Engineering
Engineering/Major Augment Fee $ 1,129.00
Minor Augment Fee $ 200.00

2. Access Card Administration (New/Replacement), per card $ 22.00

3. Cage Grounding Bar, per bar $ 1,437.55

4. DC Power
Engineering, per project $ 75.43
Cable Pull/Termination, per cable $ 1,341.62
Ground Wire, per wire $ 18.12

5. Overhead Superstructure, per project $ 2,440.00

6. Facility Cable or Fiber Optic Patchcord Pull/Termination
Engineering, per project $ 76.00
Facility Cable Pull, per cable run $ 211.00
Fiber Optic Patchcord Pull, per cable run $ 207.20
Cable Termination
DS0, per 100 pair $ 5.00
DS1, per 28 pair $ 2.00
DS3 Coaxial (Pre-connectorized), per term $ 2.00
DS3 Coaxial (Unconnectorized), per term $ 11.00
Fiber Optic Patchcord Termination, per term $ 1.12

7. Fiber Cable Pull
Engineering, per project $ 607.00
Place Innerduct, per lin ft $ 2.00
Pull Cable, per lin ft $ 1.00
Cable Fire Retardant, per occurrence $ 42.00

8. Fiber Cable Splice
Engineering, per project $ 31.00
Splice Cable, per fiber $ 70.00

9. BITS Timing
Per project $ 307.00
Per occurrence $ 11.00

10. Caged Floor Space including Shared Access Area,
per sq ft $ 5.00

11. DC Power, per load amp $ 14.79

12. Building Modification, per request $ 201.00
TDS ID Final 07 10 19.docx 191

TDS ID Final 07 10 19.docx 192

Monthly
Nonrecurring
13. Environmental Conditioning, per load amp $ 2.28

14. Facility Termination
DS0, per 100 pr $ 4.00
DS1, per 28 pr $ 16.00
DS3, per DS3 $ 11.00
Fiber Optic Patchcord, per connector $ 1.01

15. Cable Rack Space
Metallic, per cable run $ 2.00
Fiber, per innerduct ft $ 0.02

16. Fiber Optic Patchcord Duct Space, per cable run $ 0.56

17. Manhole Space – Fiber, per project $ 6.00

18. Subduct Space – Fiber, per lin ft $ 0.04

19. Cable Vault Splice, Fiber Cable
48 Fiber Material, per splice $ 10.00
96 Fiber Material, per splice $ 27.00

B. Cageless Collocation

1. Engineering
Engineering/Major Augment Fee $ 1,129.00
Minor Augment Fee $ 200.00

2. Access Card Administration (New/Replacement), per card $ 22.00

3. Cage Grounding Bar, per bar $ 1,437.55

4. DC Power
Engineering, per project $ 76.00
Cable Pull/Termination, per cable $ 1,341.62
Ground Wire, per wire $ 18.12

5. Overhead Superstructure, per project $ 2,440.00

6. Facility Cable or Fiber Optic Patchcord Pull/Termination
Engineering, per project $ 76.00
Facility Pull, per cable run $ 211.00
Fiber Optic Patchcord Pull, per cable run $ 207.20
DS0 Cable Termination, per 100 pair $ 5.00
DS1 Cable Termination, per 28 pair $ 2.00
DS3 Coaxial Cable Termination (Pre-connectorized), per term $ 2.00
DS3 Coaxial Cable Termination (Unconnectorized), per term $ 11.00
Fiber Optic Patchcord Termination, per term $ 1.12

TDS ID Final 07 10 19.docx 193
Monthly
Nonrecurring
7. Fiber Cable Pull
Engineering, per project $ 607.00
Place Innerduct, per lin ft $ 2.00
Pull Cable, per lin ft $ 1.00
Cable Fire Retardant, per occurrence $ 42.00

8. Fiber Cable Splice
Engineering, per project $ 31.00
Splice Cable, per fiber $ 70.00

9. BITS Timing
Per project $ 307.00
Per occurrence $ 11.00

10. Relay Rack Floor Space, per lin ft $ 20.00

11. DC Power, per load amp $ 14.79

12. Building Modification, per request $ 201.00

13. Environmental Conditioning, per load amp $ 2.28

14. Facility Termination
DS0, per 100 pr $ 4.00
DS1, per 28 pr $ 16.00
DS3, per DS3 $ 11.00
Fiber Optic Patchcord, per connector $ 1.01

15. Cable Rack Space
Metallic, per cable run $ 2.00
Fiber, per innerduct ft $ 0.02

16. Fiber Optic Patchcord Duct Space, per cable run $ 0.56

17. Manhole Space – Fiber, per project $ 6.00

18. Subduct Space – Fiber, per lin ft $ 0.04

19. Cable Vault Splice, Fiber Cable
48 Fiber Material, per splice $ 10.00
96 Fiber Material, per splice $ 27.00

TDS ID Final 07 10 19.docx 194
Monthly
Nonrecurring
C. Adjacent Collocation

1. Engineering, per occurrence $ 958.00

2. Facility Pull, 1 lin ft $ 2.00

3. Facility Termination
DS0 cable, per 100 pr $ 4.00
Connectorized, per 100 pr $ 5.00
Unconnectorized, per 100 pr $ 42.00
DS1 cable, per 28 pr $ 16.00
Connectorized, per 28, pr $ 2.00
Unconnectorized, per 28 pr $ 32.00
DS3 cable, per coaxial $ 11.00
Connectorized, per DS3 $ 2.00
Unconnectorized, per DS3 $ 11.00
Fiber, per fiber term $ 70.00

4. Cable Vault Space, Fiber Cable
48 Fiber Space Utilization, per subduct $ 1.00
96 Fiber Space Utilization, per subduct $ 1.00

5. Cable Rack Space
Metallic DS0, 1 lin ft $ 0.01
Metallic DS1, 1 lin ft $ 0.01
Fiber, per innerduct ft $ 0.02
Coaxial, 1 lin ft $ 0.01

D. Virtual Collocation

1. Engineering/Major Augment Fee, per occurrence $ 557.81

2. Equipment Installation, per quarter rack $ 3,474.25

3. Software Upgrades, per base unit $ 96.08

4. Card Installation, per card $ 222.52

5. DC Power
Engineering, per project $ 75.43
Cable Pull/Termination, per cable $ 1,341.62
Ground Wire, per wire $ 18.12

6. Facility Cable or Fiber Optic Patchcord Pull/Termination
Engineering, per project $ 76.00
Facility Pull, per cable run $ 211.00
Fiber Optic Patchcord Pull, per cable run $ 207.20
DS0 Cable Termination, per 100 pair $ 5.00
DS1 Cable Termination, per 28 pair $ 2.00
DS3 Coaxial Cable Termination (Preconnectorized), per term $ 2.00
DS3 Coaxial Cable Termination (Unconnectorized), per term $ 11.00
Fiber Optic Patchcord Termination, per term $ 1.12

TDS ID Final 07 10 19.docx 195
Monthly
Nonrecurring
7. Fiber Cable Pull
Engineering, per project $ 607.00
Place Innerduct, per lin ft $ 2.00
Pull Cable, per lin ft $ 1.00
Cable Fire Retardant, per occurrence $ 42.00

8. Fiber Cable Splice
Engineering, per project $ 31.00
Splice Cable, per fiber $ 70.00

9. BITS Timing
Per project $ 307.00
Per occurrence $ 11.00

10. Equipment Maintenance, per quarter rack $ 82.15

11. DC Power, per load amp $ 14.79

12. Environmental Conditioning, per load amp $ 2.28

14. Facility Termination
DS0, per 100 pr $ 4.00
DS1, per 28 pr $ 16.00
DS3, per DS3 $ 11.00
Fiber Optic Patchcord, per connector $ 1.01

15. Cable Rack Space
Metallic, per cable run $ 2.00
Fiber, per innerduct ft $ 0.02

16. Fiber Optic Patchcord Duct Space, per cable run $ 0.56

17. Manhole Space – Fiber, per project $ 6.00

18. Subduct Space – Fiber, per lin ft $ 0.04

19. Cable Vault Splice, Fiber Cable
48 Fiber Material, per splice $ 10.00
96 Fiber Material, per splice $ 27.00

TDS ID Final 07 10 19.docx 196
Monthly
Nonrecurring
E. Microwave Collocation

1. Augment Fee, per occurrence $ 998.92

2. Facility Pull
Engineering, per project $ 76.00
Labor, per lin ft $ 1.12

3. Building Penetration for Microwave Cable, per occurrence ICB

4. Special Work for Microwave, per occurrence ICB

5. Rooftop Space, per sq ft $ 4.65

F. Dedicated Transit Service Collocation

1. DS0
Service Order – Semi-Mechanized, per order $ 21.89
Service Order – Manual, per order $ 38.02
Service Connection – CO Wiring, per jumper $ 7.02
Service Connection – Provisioning, per order $ 64.95

2. DS1/DS3/Dark Fiber
Service Order – Semi-Mechanized, per order $ 21.89
Service Order – Manual, per order $ 38.02
Service Connection – CO Wiring, per jumper $ 7.02
Service Connection – Provisioning, per order $ 64.95

3. Lit Fiber ICB

TDS ID Final 07 10 19.docx 197
Monthly
Nonrecurring
G. Miscellaneous Collocation Services

1. Labor
Overtime Installation Labor Per rates below
Overtime Repair Labor Per rates below
Additional Installation Testing Labor Per rates below
Standby Labor Per rates below
Testing & Maintenance with Other Telcos, Labor Per rates below
Other Labor Per rates below

2. Labor Rates
Basic Time, Business Day, per technician
First Half Hour or Fraction Thereof $ 42.83
Each Additional Half Hour or Fraction Thereof $ 21.41

Overtime, Outside the Business Day
First Half Hour or Fraction Thereof $ 100.00
Each Additional Half Hour or Fraction Thereof $ 75.00

Prem, Time, Outside Business Day, per technician
First Half Hour or Fraction Thereof $ 150.00
Each Additional Half Hour or Fraction Thereof $ 125.00

3. Cable Material
Facility Cable – DS0 Cable (Connectorized),
100 pr, per cable run $ 324.00
Facility Cable – DS1 Cable (Connectorized),
per cable run $ 301.00
Facility Cable – DS3 Coaxial Cable, per cable run $ 82.00
Fiber Optic Patchcord – 24 Fiber (Connectorized),
per cable run $ 810.30
Power Cable-Wire Power 1/0, per cable run $ 91.00
Power Cable-Wire Power 2/0, per cable run $ 132.00
Power Cable-Wire Power 3/0, per cable run $ 146.00
Power Cable-Wire Power 4/0, per cable run $ 180.00
Power Cable-Wire Power 350 MCM, per cable run $
307.00 Power Cable-Wire Power 500 MCM, per cable run
$ 428.00
Power Cable-Wire Power 750 MCM, per cable run $ 658.00
Facility Cable – Category 5 (Connectorized) $ 1.07

4. Collocation Space Report, per premise $ 1,218.00

TDS ID Final 07 10 19.docx 198
DESCRIPTION AND APPLICATION OF RATE ELEMENTS

Non-Recurring Charges

The following are non-recurring charges (one-time charges) that apply for specific work activity:

Engineering/Major Augment Fee. The Engineering/Major Augment Fee applies for each initial
Caged, Cageless, Virtual, or Microwave collocation request and major augment requests for
existing Caged, Cageless, and Virtual collocation arrangements. This charge recovers the costs
of the initial walkthrough to determine if there is sufficient collocation space, the best location for
the collocation area, what building modifications are necessary to provide collocation, and if
sufficient DC power facilities exist in the premises to accommodate collocation. This fee also
includes the total time for the Building Services Engineer and the time for the Outside Plant and
Central Office Engineers to attend status meetings.

Engineering/Major Augment Fee (Microwave Only). The Engineering/Major Augment Fee for
Microwave Collocation applies when an existing Caged and Cageless collocation arrangement is
augmented with newly installed microwave antennae and other exterior facilities. This charge
recovers the costs of the initial walkthrough to determine if there is sufficient space, the best
location for the microwave antennae and other exterior facilities, what building modifications are
necessary, if any, and if sufficient support facilities exist in the premises to accommodate the
microwave antennae and other exterior facilities. This fee also includes the total time for the
Building Services Engineer to coordinate the entire project.

Minor Augment Fee. The Minor Augment Fee applies for each minor augment request of an
Existing Caged, Cageless, Virtual, or Microwave collocation arrangement that does not require
additional AC or DC power systems, HVAC system upgrades, or additional cage space. Minor
augments are those requests that require the Company to perform a service or function on behalf
of the CLEC including, but not limited to: installation of Virtual equipment cards or software
upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities,
and requests to terminate DS0, DS1 and DS3 cables.

Access Card Administration. The Access Card Administration rate covers activities associated
with the issuance and management of premises access cards. The rate is applied on a per card
basis.

Cage Grounding Bar. The Cage Grounding Bar rate recovers the material and labor costs to
provision a ground bar, including necessary ground wire, in the collocator’s cage.

BITS Timing. The non-recurring charge for BITS Timing includes engineering, materials, and
labor costs to wire a BITS port to the CLEC's equipment. If requested, it is applied on a per
project basis.

Overhead Superstructure. The Overhead Superstructure charge is applied for each initial caged
and cageless collocation application. The Overhead Superstructure charge is designed to
recover Frontier’s engineering, material, and installation costs for extending dedicated overhead
superstructure.

Facility Cable or Fiber Optic Patchcord Pull/Termination-Engineering. The Facility Cable or Fiber
Optic Patchcord Pull/Termination-Engineering charge is applied per project to recover the
engineering costs of pulling and terminating the interconnection wire (cable or fiber patchcord)
from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber
distribution panel. The charge would also apply per project to recover the engineering costs of
pulling transmission cable from microwave antennae facilities on the rooftop to the collocation
cage or relay rack.

TDS ID Final 07 10 19.docx 199
Facility Pull. The Facility Pull charge is applied per cable run and recovers the labor cost of
pulling metallic cable or fiber optic patchcord from the collocation cage or relay rack to the Main
Distribution Frame block, DSX panel, or fiber distribution panel.

Cable Termination. The Cable Termination charge is applied per cable or fiber optic patchcord
terminated and is designed to recover the labor cost of terminating or disconnecting transmission
cable or fiber optic patchcord from the collocation cage or relay rack to the Main Distribution
Frame block, DSX panel, or fiber distribution panel.

Fiber Cable Pull-Engineering. The Fiber Cable Pull-Engineering charge is applied per project to
cover the engineering costs for pulling the CLEC's fiber cable, when necessary, into Frontier's
central office.

Fiber Cable Pull-Place Innerduct The Fiber Cable Pull-Place Innerduct charge is applied per
linear foot to cover the cost of placing innerduct. Innerduct is the split plastic duct placed from the
cable vault to the CLEC's equipment area through which the CLEC's fiber cable is pulled.

Fiber Cable Pull-Labor. This charge is applied per linear foot and covers the labor costs of pulling
the CLEC's fiber cable into Frontier's central office.

Fiber Cable Pull-Fire Retardant. This charge is associated with the filling of space around cables
extending through walls and between floors with a non-flammable material to prevent fire from
spreading from one room or floor to another.

Fiber Optic Patchcord Termination. The Fiber Optic Patchcord Termination is applied per fiber
cable termination and recovers the labor cost to terminate the fiber optic patchcord cable.

Fiber Splice-Engineering. The Fiber Splice-Engineering charge is applied per project and covers
the engineering costs for fiber cable splicing projects.

Fiber Splice. The Fiber Splice charge is applied per fiber cable spliced and recovers the labor
cost associated with the splicing.

DC Power. Non-recurring charges for DC Power are applied for each caged, cageless, and
virtual collocation application and major DC Power augments to existing arrangements. These
charges recover Frontier's engineering and installation costs for pulling and terminating DC power
cables to the collocation area. For initial applications, each DC Power feed will require two (2)
cables.

Cable Material Charges. The CLEC has the option of providing its own cable or Frontier may, at
the CLEC's request, provide the necessary transmission and power cables for caged, cageless,
and virtual collocation arrangements. If Frontier provides these cables, the applicable Cable
Material Charge will be charged.

Adjacent Engineering Fee. The Adjacent Engineering Fee provides for the initial activities of the
Central Office Equipment Engineer, Land & Building Engineer and the Outside Plant Engineer
associated with determining the capabilities of providing Adjacent On-Site collocation. The labor
charges are for an on-site visit, preliminary investigation of the manhole/conduit systems, wire
center and property, and contacting other agencies that could impact the provisioning of adjacent
collocation.
Adjacent Facility Pull-Labor. This charge covers the labor of running the interconnection wire
(cable) from the main distribution frame connector to a termination block or DSX panel.

Adjacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable for
adjacent collocation to the main distribution frame block or DSX panel.

TDS ID Final 07 10 19.docx 200
Collocation Space Report. When requested by a CLEC, Frontier will submit a report that
indicates Frontier's available collocation space in a particular premise. The report will be issued
within ten calendar days of the request. The report will specify the amount of collocation space
available at each requested premise, the number of collocators, and any modifications in the use
of the space since the last report. The report will also include measures that Frontier is taking to
make additional space available for collocation.

Miscellaneous Services Labor. Additional labor, if required, by Frontier to complete a collocation
request, disconnect collocation power cables, remove collocation equipments, or perform
inventory services for CLECs.

Facility Pull (Microwave Only). The Facility Pull charge is applied per linear foot and recovers the
labor cost of pulling transmission cable from the microwave antennae and other exterior facilities
on the rooftop to the transmission equipment in the collocation cage or relay rack.

Building Penetration for Microwave Cable. The reasonable costs to penetrate buildings for
microwave cable to connect microwave antennae facilities and other exterior facilities to the
transmission equipment in the collocation cage or relay rack will be determined and applied on an
individual case basis, where technically feasible, as determined by the initial and subsequent
Engineering surveys.

Special Work for Microwave. The costs incurred by Frontier for installation of CLEC's microwave
antennae and other exterior facilities that are not recovered via other microwave rate elements
will be determined and applied on an individual case basis.

Virtual Equipment Installation. The Virtual Equipment Installation charge is applied on a per quarter
rack (or quarter bay) basis and recovers the costs incurred by Frontier for engineering and
installation of the virtual collocation equipment. This charge would apply to the installation of powered
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
OC48, and NGDLC. This charge does not apply for the installation of splitters.

Virtual Software Upgrade. The Virtual Software Upgrade charge is applied per base unit when
Frontier, upon CLEC request, installs software to upgrade equipment for an existing Virtual
Collocation arrangement.

Virtual Card Installation. The Virtual Card Installation charge is applied per card when Frontier, upon
CLEC request, installs additional cards for an existing Virtual Collocation arrangement.

Dedicated Transit Service (DTS) Service Order Charge. Applied per DTS order to the requesting
CLEC for recovery of DTS order placement and issuance costs. The manual charge applies when
the semi-mechanized ordering interface is not used.

Dedicated Transit Service (DTS) – Service Connection CO Wiring. Applied per DTS circuit to the
requesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DS0, DS1, DS3,
and dark fiber circuits.

Dedicated Transit Service (DTS) – Service Connection Provisioning. Applied per DTS order to the
request CLEC for recovery of circuit design and labor costs associated with the provisioning of DS0,
DS1, DS3, and dark fiber circuits for DTS.

TDS ID Final 07 10 19.docx 201
Monthly Recurring Charges

The following are monthly charges. Monthly charges apply each month or fraction thereof that
Collocation Service is provided.

Caged Floor Space. Caged Floor Space is the cost per square foot to provide environmentally
conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has
proper humidification and temperature controls to house telecommunications equipment. The
cost includes only that which relates directly to the land and building space itself.

Relay Rack Floor Space. The Relay Rack Floor Space charge provides for the environmentally
conditioned floor space that a relay rack occupies based on linear feet. The standardized relay
rack floor space depth is based on half the aisle area in front and back of the rack, and the depth
of the equipment that will be placed within the rack.

Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost of
the space that the outside plant fiber occupies within the manhole.

Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the
outside plant fiber occupies and applies on a per linear foot basis.

Fiber Cable Vault Splice. The Fiber Cable Vault Splice charge applies per splice and covers the
space and material cost associated with the CLEC's fiber cable splice within Frontier's cable
vault.

Cable Rack Space-Metallic. The Cable Space-Metallic charge is applied for each DS0, DS1 and
DS3 cable run. The charge is designed to recover the space utilization cost that the CLEC’s
metallic and coaxial cable occupies within Frontier.

Cable Rack Space-Fiber. The Cable Rack Space-Fiber charge recovers the space utilization
cost that the CLEC's fiber cable occupies within Frontier's cable rack system.

Fiber Optic Patchcord Duct Space. The Fiber Optic Duct Space rate element is applied per cable
run and recovers the cost for the central office duct space occupied by the fiber optic patchcord
cable.

DC Power. The DC Power monthly charge is applied on a per load amp basis with a 10 amp
minimum for each caged, cageless, and virtual collocation arrangement. This charge is designed
to recover the monthly facility and utility expense to power the collocation equipment.

Facility Termination. This charge is applied per cable terminated. This charge is designed to
recover the labor and material costs of the applicable main distribution frame 100 pair circuit
block, DSX facility termination panel, or fiber distribution panel.

BITS Timing. The BITS Timing monthly charge is designed to recover equipment and installation
cost to provide synchronized timing for electronic communications equipment. This rate is based
on a per port cost.

Building Modification. The Building Modification monthly charge is applied to each caged and
cageless arrangement and is associated with provisioning the following items in Frontier’s
premises: security, dust partition, ventilation ducts, demolition/site work, lighting, outlets, and
grounding equipment.

Environmental Conditioning. The Environmental Conditioning charge is applied to each caged,
cageless, and virtual arrangement on a per load amp increment (10 amp minimum) based on the
TDS ID Final 07 10 19.docx 202
CLEC's DC Power requirements. This charge is associated with the provisioning of heating,
ventilation, and air conditioning systems for the CLEC's equipment in Frontier's premises.

Adjacent Cable Vault Space. The Adjacent Cable Vault Space charge covers the cost of the
space the CLEC's cable occupies within the cable vault. The charge is based on the diameter of
the cable or subduct.

Adjacent Cable Rack Space. This charge covers the space utilization cost that the CLEC's fiber,
metallic or coaxial cable occupies within the cable rack system. The charge is based on the
linear feet occupied.

Microwave Rooftop Space. Microwave Rooftop Space is the cost per square foot to provide
rooftop space to the CLEC for microwave antennae and other exterior facilities. The cost
includes only that which relates directly to the land and building space itself.

Virtual Equipment Maintenance. The Virtual Equipment Maintenance charge is applied on a per
quarter rack (or quarter bay) basis and recovers the costs incurred by the Company for maintenance
of the CLEC’s virtual collocation equipment. This charge would apply to the maintenance of
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
OC48, and NGDLC. This charge does not apply for the maintenance of splitters.
TDS ID Final 07 10 19.docx 203

TDS ID Final 07 10 19.docx 204

EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT
Technical Specifications and Requirements

for

TDS Metrocom, LLC - Frontier Communications Northwest, Inc.
Fiber Meet Arrangement No. [FM #]

The following technical specifications and requirements will apply to TDS Metrocom, LLC -
Frontier Communications Northwest, Inc. Fiber Meet Arrangement [FM #] (“FM No. [FM #]”):

1. FM No. [FM #] will provide interconnection facilities for the exchange of applicable traffic
(as set forth in the Amendment) between Frontier’s ***Name of Tandem/End Office***
and TDSM’s ***Carrier Name of Tandem/End Office*** in A diagram of FM No. [FM #] is
included as Exhibit A-1.
2. Fiber Meet Points (“FMPs”).
2.1 FM No. [FM #] will be configured as shown on Exhibit A-1. FM No. [FM #] will
have two FMPs. Neither FMP is more than three (3) miles from the nearest
Frontier Tandem or End Office.
2.2 Frontier will provision a Fiber Network Interface Device (“FNID”) at [POLE XX,
STREET YY, TOWN ZZ, STATE] and terminate [_____] strands of its fiber optic
cable in the FNID. The FNID provisioned by Frontier will be a
[MANUFACTURER, MODEL]. Frontier will bear the cost of installing and
maintaining its FNID. The fiber patch panel within Frontier’s FNID will serve as
FMP No. 1. Frontier will provide a fiber stub at the fiber patch panel in Frontier’s
FNID for TDSM to connect [_____] strands of its fiber cable [_____] connectors.
Frontier’s FNID will be locked, but Frontier and TDSM will have 24 hour access
to their respective side of the fiber patch panel located in Frontier’s FNID.
2.3 TDSM will provision a FNID at [POLE XX, STREET YY, TOWN ZZ, STATE] and
terminate [_____] strands of its fiber optic cable in the FNID. The FNID
provisioned by TDSM will be a [MANUFACTURER, MODEL]. TDSM will bear
the cost of installing and maintaining its FNID. The fiber patch panel within
TDSM’s FNID will serve as FMP No. 2. TDSM will provide a fiber stub at the
fiber patch panel in TDSM’s FNID for Frontier to connect [_____] strands of its
fiber cable. TDSM’s FNID will be locked, but TDSM and Frontier will have 24
hour access to their respective side of the fiber patch panel located in TDSM’s
FNID.
3. Transmission Characteristics.
3.1 FM No. [FM #] will be built as a ring configuration.
3.2 The transmission interface for FM No. [FM #] will be Synchronous Optical
Network (“SONET”).
TDS ID Final 07 10 19.docx 205
3.3 Terminating equipment shall comply with SONET transmission requirements as
specified in Telcordia Technologies document GR-253 CORE (Tables 4-3
through 4-11).
3.4 The optical transmitters and receivers shall provide adequate power for the end-
to-end length of the fiber cable to be traversed.
3.5 The optical transmission rate will be Unidirectional OC-[OC Transmission Rate].
3.6 The path switch protection shall be set as Non-Revertive.
3.7 Frontier and TDSM shall provide Primary Reference Source traceable timing.
4. Add Drop Multiplexer.
4.1 Frontier will, at its own cost, obtain and install (at its own premise) its own Add
Drop Multiplexer. Frontier will use a [MANUFACTURER, MODEL] Add Drop
Multiplexer with firmware release of [x.x] at the network level. Before making any
upgrade or change to the firmware of its Add Drop Multiplexer, Frontier must
provide TDSM with fourteen (14) days advance written notice that describes the
upgrade or change to its firmware and states the date on which such firmware
will be activated in Frontier’s Add Drop Multiplexer.
4.2 TDSM will, at its own cost, obtain and install (at its own premise) its own Add
Drop Multiplexer. TDSM will use a [MANUFACTURER, MODEL] Add Drop
Multiplexer with firmware release of [x.x] at the network level. Before making any
upgrade or change to the firmware of its Add Drop Multiplexer, TDSM must
provide Frontier with fourteen (14) days advance written notice that describes the
upgrade or change to its firmware and states the date on which such firmware or
software will be activated in TDSM’s Add Drop Multiplexer.
4.3 TDSM and Frontier will monitor all firmware upgrades and changes to observe
for any failures or anomalies adversely affecting service or administration. If any
upgrade or change to firmware adversely affects service or administration of FM
No. [FM #], the firmware will be removed from the Add Drop Multiplexer and will
revert to the previous version of firmware.
4.4 The Data Communication Channel shall be disabled between the Frontier and
TDSM Add Drop Multiplexers of FM No. [FM #].
5. Testing.
5.1 Prior to turn-up of FM No. [FM #], Frontier and TDSM will mutually develop and
implement testing procedures for FM No. [FM #]
6. Connecting Facility Assignment (“CFA”) and Slot Assignment Allocation (“SAA”).
6.1 For one-way and two-way trunk arrangements, the SAA information will be
turned over to TDSM as a final step of turn up of the FM No. [FM #].
6.2 For one-way trunk arrangements, Frontier will control the CFA for the subtending
facilities and trunks connected to Frontier’s slots and TDSM will control the CFA
for the subtending facilities and trunks connected to TDSM’s slots. TDSM will
place facility orders against the first half of the fully configured slots (for example,
slots 1-6 of a fully configured OC12) and Frontier will place orders against the
TDS ID Final 07 10 19.docx 206
second half of the slots (for example, slots 7-12). If either Party needs the other
Party’s additional slot capacity to place orders, this will be negotiated and
assigned on a case-by-case basis. For SAA, Frontier and TDSM shall jointly
designate the slot assignments for Frontier’s Add Drop Multiplexers and TDSM’s
Add Drop Multiplexer in FM No. [FM #].
6.3 For two-way trunk arrangements, TDSM shall control the CFA for the subtending
facilities and trunks connected to FM No. [FM #]. TDSM shall place facility and
trunk orders against the total available SAA capacity of FM No. [FM #].
7. Inventory, Provisioning and Maintenance, Surveillance, and Restoration.
7.1 Frontier and TDSM will inventory FM No. [FM #] in their operational support
systems before the order flow begins.
7.2 Frontier and TDSM will notify each other’s respective Maintenance Control Office
of all troubleshooting and scheduled maintenance activity to be performed on FM
No. [FM #] facilities prior to undertaking such work and will advise each other of
the trouble reporting and maintenance control point contact numbers and the
days and hours of operation. Each Party shall provide a timely response to the
other Party’s action requests or status inquiries.
7.3 Frontier will be responsible for the provisioning and maintenance of the FM No.
[FM #] transport facilities on Frontier’s side of the FMPs, as well as delivering its
applicable traffic to the FMPs. TDSM will be responsible for the provisioning and
maintenance of the FM No. [FM #] transport facilities on the TDSM’s side of the
FMPs, as well as delivering its applicable traffic to the FMPs. As such, other
than payment of any applicable intercarrier compensation charges pursuant to
the terms of the Agreement, neither Party shall have any obligation to pay the
other Party any charges in connection with FM No. [FM #].
7.4 Frontier and TDSM will provide alarm surveillance for their respective FM No.
[FM #] transport facilities. Frontier and TDSM will notify each other’s respective
maintenance control office of all troubleshooting and scheduled maintenance
activity to be performed on the facility prior to undertaking such work, and will
advise each other of the trouble reporting and maintenance control point contact
numbers and the days and hours of operation.
8. Cancellation or Modification of FM No. [FM #].
8.1 Except as otherwise provided in this Section 8, all expenses and costs
associated with the construction, operation, use and maintenance of FM No. [FM
#] on each Party’s respective side of the FMPs will be borne by such Party.
8.2 If either Party terminates the construction of the FM No. [FM #] before it is used
to exchange traffic, the Party terminating the construction of FM No. [FM #] will
compensate the other Party for that Party’s reasonable actual incurred
construction and/or implementation expenses.
8.3 If either Party proposes to move or change FM No. [FM #] as set forth in this
document, at any time before or after it is used to exchange traffic, the Party
requesting the move or change will compensate the other Party for that Party’s
reasonable actual incurred construction and/or implementation expenses.
Augments, moves and changes to FM No. [FM #] as set forth in this document
must be mutually agreed upon by the Parties in writing.
TDS ID Final 07 10 19.docx 207

TDS Metrocom, LLC Frontier Communications Northwest, Inc.

B : _______________________________ B : _______________________________

Date: ________________________________

Date: _______________________________

TO BE EXECUTED AT A LATER DATE
TDS ID Final 07 10 19.docx 208
Exhibit A-1

TDS Metrocom, LLC - Frontier Communications Northwest, Inc.
Fiber Meet Arrangement No. [FM #]

City, State