20000713Application.pdf

Peter Butler
Senior Attorney
Qwest Corporation
1600 7th Avenue, Suite 3206
Seattle, Washington 98191
Phone: [phone]
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f" :,I~(,(',r"::I:_!li~') C,JI',:II,),,10"Dennis M. Doyle
Vice President Telecommunications
Arch Paging, Inc. and
Mobile Communications Corporation of America
1800 West Park Drive
Westborough, Massachusetts 01581-3912
Phone: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION, FORMERLY US WEST
COMMUNICATIONS , INC., and ARCH
PAGING, INC. AND MOBILE
COMMUNICATIONS CORPORATION OF
AMERICA FOR APPROVAL OF
AGREEMENT FOR TYPE 1 AND TYPE 2
PAGING PURSUANT TO 47 U.C. ~252
CASE No.lI.t 1f1-1-(/t1-l
Qwest Corporation ("Qwest"), formerly U S WEST Communications, Inc., and Arch
Paging, Inc. and Mobile Communications Corporation of America ("Arch Paging ) hereby
jointly file this Application for Approval of an Agreement for Type 1 and Type 2 Paging
between Qwest and Arch Paging, dated June 22, 2000 (the "Agreement"), for the purpose of
connecting facilities and exchanging traffic between Arch Paging and Qwest in Idaho. A copy
the Agreement is submitted herewith.
The Agreement was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
JOINT APPLICATION OF ARCH PAGING
AND QWEST FOR
APPROV AL OF AGREEMENT - 1-
Qwest Corporation
1600 7th Ave" Suite 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Section 252( e)\.k) of the Act directs that a state Commi~~_Jn may reject an agreement
reached through voluntary negotiations only if the Commission finds that:
(1) the agreement (or portion thereof) discriminates against a telecommunications carrier
not a party to this agreement; or
(2) the implementation of such an agreement or portion is not consistent with the public
interest, convenience and necessity.
Arch Paging and Qwest respectfully submit that the Agreement provides no basis for
either of these findings, and, therefore jointly request that the Commission approve the
Agreement expeditiously. The Agreement is consistent with the public interest as identified in
the pro-competitive policies of the State of Idaho, the Commission, the United States Congress
and the Federal Communications Commission. Expeditious approval of the Agreement will
enable Arch Paging to continue to interconnect with Qwest facilities and to provide customers
with increased choices among local telecommunications services.
Arch Paging and Qwest further request that the Commission approve this Agreement
without a hearing. Because this Agreement was reached through voluntary negotiations, it does
not raise issues requiring a hearing and does not concern other parties not a party to the
negotiations. Expeditious approval would further the public interest.
Respectfully submitted this 12th day of July, 2000.
Peter Butle
Senior Attorney
Qwest
1600 7th Avenue, Suite 3206
Seattle, Washington 98191
[phone]
Attorney for Qwest, formerly U S WEST
and
JOINT APPLICATION OF ARCH PAGING
AND QWEST FOR
APPROV AL OF AGREEMENT - 2-
Qwest Corporation
1600 7th Ave" Suite 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
JOINT APPLICATION OF ARCH PAGING
AND QWEST FOR
APPROV AL OF AGREEMENT - 3-
:Mm~Dennis M. Doyle
Vice President Telecommunications
1800 West Park Drive
Westborough, Massachusetts 01581-3912
[phone]
For Arch Paging, Inc. and Mobile
Communications Corporation of America
Qwest Corporation
1600 7th Ave., Suite 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
CERTIFICATE OF SERVIL----
I hereby certify that on this (1J~ay of r:joL- ~, 2000, I served the foregoing JOINT
APPLICATION OF QWEST CORPORATION, FORMERLY US WEST
COMMUNICATIONS, INC., and ARCH PAGING, INC. AND MOBILE
COMMUNICATIONS CORPORATION OF AMERICA for APPROV AL OF AGREEMENT
FOR TYPE 1 AND TYPE 2 PAGING upon all parties of record in this matter by mailing a copy
thereof properly addressed, with postage prepaid as follows:
Ms. Myrna J. Walters
Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Weldon Stutzman, Esq.
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Dennis M. Doyle
Vice President Telecommunications
Arch Paging, Inc. and
Mobile Communications Corporation of America
1800 West Park Drive
Westborough, Massachusetts 01581-3912
Kristine B. Macneal
Contract Administrator
Qwest Corporation
7800 East Orchard Road, Suite 250
Englewood, Colorado 80111-2526
~c;~
Sally E owen
Contract Administrator
Qwest Corporation
JOINT APPLICATION OF ARCH PAGING
AND QWEST FOR
APPROV AL OF AGREEMENT - 4-
Qwest Corporation
1600 7th Ave., Suite 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
"~LJJ.~tJlJ~dtJ
PAGING CONNECTION
AGREEMENT
BETWEEN
U S WEST COMMUNICATIONS, INC.
AND
ARCH PAGING, INC.
AND MOBILE COMMUNICATIONS CORPORATION OF AMERICA
IDAHO
CDS-OOO614-0079
6/14/2000/lhd/Arch-1 D
CDS-OOO614-0079
PAGING INTERCONNECTION AGREEMENT
This Paging Interconnection Agreement ("Agreement"), is between Arch Paging,
Inc., a Delaware corporation and Mobile Communications Corporation of America, a
Delaware corporation ("Arch" or "Paging Provider ) and U S WEST Communications
Inc. ("U S WEST"), a Colorado corporation.
WHEREAS , U S WEST and Paging Provider each are facility-based providers of
telecommunications services;
WHEREAS , Paging Provider is a Commercial Mobile Radio Service provider
under the Communications Act of 1934 , as amended (the "Act") licensed by the
Federal Communications Commission ("FCC"
WHEREAS, U S WEST is an incumbent local exchange carrier ("ILEC"
WHEREAS, the Parties desire to interconnect their respective systems in a
technically and economically efficient manner;
WHEREAS, the Parties desire to interconnect their respective systems on terms
that are fair and equitable to both Parties; and
NOW THEREFORE each Party, intending to be legally bound , hereby covenants
and agrees as follows:
RESERVATIONS OF RIGHTS; CHANGES IN THE LAW
The Parties by entering into this Agreement reserve all rights and
positions that they have taken , are taking, or will take in the future before
including but not limited to, any court or federal or state agency with
respect to: (a) whether CMRS carriers are entitled to terminating
compensation for one-way paging traffic and the appropriate rate for any
such compensation , (b) whether CMRS carriers are entitled to terminating
compensation for one-way paging traffic at the same rate and on the
same terms and conditions as other telecommunications traffic , (c)
whether an ILEC is obligated to bear the costs of interconnection facilities
to the extent they are used to deliver the ILEC's traffic to a CMRS carrier
for Local Termination , and (d) the entitlement of a CMRS carrier to
interconnection at prices comparable to the unbundled network element
UNE") prices for equivalent services or facilities; and (e) any other
position either Party may have relating to, arising out of, or in connection
with (i) the Act and the FCC rules and Orders implementing or relating
thereto; or (ii) any state law relating to telecommunications.
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The Parties have agreed to certain provisions in this Agreement, based
on their respective understanding of the current state of the law, rules
regulations and interpretations thereof, as of the date hereof (the "Existing
Rules ). To the extent that the Existing Rules are amended or modified in
a manner material to this Agreement and such changes have become a
Final Order (the "New Rules ), then the Parties shall negotiate in good
faith in an effort to amend the Agreement to bring this Agreement into
compliance on a prospective basis with the New Rules. If the Parties are
unable to agree upon such an amendment, the matter shall be resolved in
accordance with the Dispute Resolution provisions of this Agreement.
This Agreement does not establish billing rates governing SS7 service if
Paging Provider elects at a future point in time to implement SS7
signaling technology in any portion of its network. The issue as to the
rates at which SS7 services shall be made available to Paging Provider
has been left unresolved at this time by the Parties and this Agreement is
not intended and shall not be construed as a waiver by either party of
their respective positions with regard to this pricing issue.
SCOPE OF AGREEMENT
This Agreement covers both Type 1 and Type 2 Paging Connection
Service, which consists only of those one-way facilities and services that
are provisioned by U S WEST for the sole purpose of delivering one-way,
land-to-pager traffic sent by U S WEST's End Users and Transit Traffic to
Paging Provider s POC(s). Type 1 and Type 2 Paging Connection Service
enables U S WEST's End Users and other telecommunications carriers
transiting U S WEST's network to page End Users of Paging Provider
network. This Agreement includes and incorporates by reference all
accompanying appendices and attachments.
1. When local routing number local number portability (LRN/LNP) is
implemented at a U S WEST end office where Paging Provider
has been assigned Type 1 numbers , the Parties shall negotiate in
good faith to determine whether it is technically feasible and
economically efficient for both parties (taking into consideration
the cost savings, if any, and cost increases, if any, associated with
the porting of numbers) to have any or all such numbers ported
from the end office where the numbers reside to the Paging
Provider Switch via a Type 2 tandem level interconnection while
retaining the rating of such numbers at the end office. If those
conditions are met, the Parties shall cooperate in good faith to
revise their interconnection arrangement in this manner.
Facilities for Delivery of Transit Traffic
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2.4.
U S WEST will deliver Transit Traffic to Paging Provider s POC
over the same facilities and trunks used to deliver U S WEST's
End User originated calls.
(Left blank for numbering consistency.
This Agreement recognizes the unique status of traffic delivered to
enhanced service providers. For purposes of this Agreement, Enhanced
Services traffic, such as voice-mail , that is not incidental to Paging
Provider s primary business , is not Compensable Traffic. Additionally,
traffic originated by one Party, and delivered to the other Party, which in
turn delivers the traffic to an Internet Service Provider (a) shall be
deemed interstate in nature, (b) shall not qualify as Compensable Traffic
under this Agreement, and (c) U S WEST shall not be obligated to deliver
such traffic to Paging Provider under this Agreement.
This Agreement does not cover delivery of traffic from Paging Provider
network to U S WEST's network. Should Paging Provider desire to
deliver traffic to U S WEST from Paging Provider s End Users, the Parties
shall negotiate in good faith such appropriate additional or different
interconnection arrangements for such traffic.
Delivery of Paging Traffic
1. Paging Connection Service delivers paging traffic to the Paging
Provider s POC(s) as identified in Appendix B.
Pursuant to joint planning as specified in the Forecasting section
of this Agreement, U S WEST shall determine all aspects and
elements of the Paging Connection Service facilities that it
provides itself, including, but not limited to , design , location
quantities , distance, etc. U S WEST shall base this determination
on technical and economic efficiency considerations, e., network
requirements. Subject to the provisions of this Section, U S
WEST shall monitor its usage on Paging Connection Service and
will reconfigure trunk groups as it deems necessary. US WEST
reserves the right to review, revise or modify its Paging
Connection Service at any time for any lawful business reason.
All circuits and equipment provided by U S WEST will always be
wholly owned and operated by U S WEST. U S WEST shall
provide interconnection and interconnection facilities for Paging
Connection Service that are equal in quality to what U S WEST
provides itself, its affiliates , or other carriers. Paging Connection
Service facilities shall be engineered to be consistent with the
Eighth Circuit court decision, BeliCore Special Report SR-TAP-
000191 and any applicable requirements in the state of Idaho.
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3. Paging Provider s and U S WEST's equipment and systems will be
compatible, and will be consistent with normally accepted industry
standards as defined in Bellcore Technical Reference GR-145-
CORE entitled "Compatibility Information For Interconnection of a
Wireless Services Provider and a Local Exchange Carrier
Network"
3.4
Paging Provider will provide a voice intercept
announcement or distinctive signals to the calling party
when a call is directed to a number that is not
assigned.
When U S WEST is not able to complete calls because
of a malfunction , U S WEST will provide proper voice
announcement or distinctive signals to the calling party
advising that the call cannot be completed.
Paging Provider and U S WEST will provide
supervisory tones or voice announcements to the
calling party on all calls, consistent with standard
industry practices.
Paging Provider shall provide a sufficient quantity of
equipment ports to accommodate the number of trunks
provided by U S WEST.
6.4 Type 1 and Type 2 Paging Connection Service will be established
in accordance with the specifications set forth in Bellcore GR-145-
CORE and in accordance with the following:
6.4.
6.4.
6.4.
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The Parties at present are interconnected at numerous
points and in various manners throughout the U S
WEST serving area. The present network design and
resulting interconnection arrangements are technically
feasible and efficient. Paging Provider may designate
new or additional POCs where it wants to receive traffic
from U S WEST. The Parties must cooperate and
work together to maintain efficient interconnection
during the term of the Agreement. Any related dispute
shall be resolved according to the Dispute Resolution
procedures set forth in Section 13.14 of this
Agreement.
The provisions of this Section apply to all existing and
future Paging Connection Service arrangements.
Type 1 Paging Connection Service
6.4.Subject to Section 2.6.4., Paging Provider
may designate new or additional POCs
anywhere within the LATA.
6.4.Billing Demarcation Point:
6.4.1 The Billing Demarcation Point
between U S WEST's and Paging
Provider s networks shall be located
within the LATA at either (i) 37.
airline miles from the U S WEST
Serving Wire Center of the Paging
Provider s Point of Connection
where the facility is connected
when such Serving Wire Center is
located within the LATA and more
than 37.5 airline miles from the U S
WEST End Office that houses the
DID numbers, or (ii) at the US
WEST Serving Wire Center of
Paging Provider s Point of
Connection when such Serving
Wire Center is located within the
LATA and less than 37.5 airline
miles from the U S WEST End
Office that houses the DID
numbers. Paging Provider is only
responsible for recurring charges
for Exempt Traffic between the
Billing Demarcation Point and
Paging Provider s Point of
Connection. Such charges will be
assessed pursuant to Appendix A
Section II.
6.4.2 When the Billing Demarcation Point
is established at the 37.5 mile mark
as described in 2.6.4.3.2.1 (i) above
the Paging Provider shall pay only
the recurring mileage based rates
for the portion of the facility from the
Billing Demarcation Point to the U S
WEST End Office that houses the
DID numbers. Paging Provider
shall not pay any portion of port
charges, or other costs associated
with such facilities. Such mileage
charges will be assessed pursuant
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6.4.4
6.4.
6.4.
to Appendix A, Section II.
If Paging Provider has any full NXX codes
deployed using a Type 1 connection, Paging
Provider will take reasonable steps to convert
these to a Type 2 connection within a
reasonable period of time after the Approval
Date hereof.
Type 2 Paging Connection Service
6.4.4.Within a LATA, Paging Provider may designate
multiple POCs at which it wishes to receive
paging traffic from U S WEST. Each such POC
shall receive traffic from the U S WEST Local
and Toll Tandem serving the geographic area in
which the POC is located. Type 2 Paging
Connection Service shall never extend beyond
the boundaries of the geographic area of U S
WEST's Local Tandem serving Paging
Provider s POCo U S WEST shall not be
responsible for providing, maintaining or paying
for facilities used to connect Paging Provider
POC(s) to Paging Provider s equipment or
network.
The location of the POC will determine the method of
interconnection. The following arrangements for
interconnection are available: (1) Network Access
Channel; (2) Mid-Span Meet facilities; (3) Inter LCA
Facility.
6.4.Network Access Channel
A NAC facility extends from the Serving
Wire Center of U S WEST to the Paging
Provider s paging terminal location. NAC
facilities may not extend beyond the area
served by U S WEST's Serving Wire
Center. A NAC must always be provisioned
with Type 1 or Type 2 Service for
connection , identification, and billing
purposes. (The Paging Provider is only
responsible for recurring and non-recurring
charges for Exempt Traffic between the U S
WEST Serving Wire Center of the Paging
Provider s Point of Connection and the
6.4.
6.4.
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location of Paging Provider s Point of
Connection).
The digital option for NAC is available only
where technically feasible or where Paging
Provider agrees to pay Construction
Charges to build necessary facilities.
Mid-Span Meet (POC)
A Mid-Span Meet POC is a negotiated point
of connection , limited to the joining of
facilities between U S WEST's switch and
the Paging Provider s paging terminal. Mid-
Span Meet POC may be accomplished by
the Parties through the negotiation of a
separate Agreement. The actual physical
point of connection and facilities used will
be subject to negotiations between the
Parties. Each Party will be responsible for
its portion of the build to the Mid-Span Meet
POCo
InterLCA Facility:
Paging Provider may request USWC-
provided facilities to transport EAS/Local
Traffic from a virtual POC in a USWC
EAS/LCA to a POC located in a distant
EAS/LCA (a distant POC'). The USWC-
provided facilities interconnecting a USWC
EAS/LCA to a distant POC are Type 2
InterLCA Facilities.
The actual origination of the InterLCA
Facility shall be the USWC Wire Center
located in the EAS/LCA associated with
Paging Provider s NXX. The Termination
point is in the POC in the distant EAS/LCA.
If the distance between the USWC Wire
Center in the EAS/LCA and the Serving
Wire Center is twenty miles or less, the
fixed and per-mile rates for Direct Trunk
Transport (DTT) shall apply in accordance
with Appendix A.
If the distance between the USWC Wire
Center in the EAS/LCA and the Serving
Wire Center of the distant POC is greater
than twenty miles , the fixed and per-mile
DTT rates shall apply to the first twenty
miles in accordance with Appendix A, and
the remaining miles are rated as intrastate
monthly fixed and per mile DS1 Private Line
Transport Services. The Private Line
Transport Services rates are contained
the applicable state Private Line catalogs
and Tariffs.
The facilities connecting the distant POC to
the USWC Wire Center will be rated as
intrastate DS1 Private Line Transport
Services. The Private Line Transport rates
are contained in the applicable state Private
Line catalogs and Tariffs.
Paging Provider will be charged for the first
twenty miles of the InterLCA Facility as
specified in Appendix A, to reflect the
portion of the InterLCA Facility that is used
by USWC to transport USWC-originated
traffic to Paging Provider USWC shall notbe required to reduce the Private Line
Transport Services rates for the portion of
the InterLCA Facility that exceeds 20 miles
in length.
The InterLCA Facility may be utilized with a
DS 1 to DSO multiplexer in the USWC Wire
Center. A DSO level Type 2 Interconnection
trunk may use the InterLCA DS1
Customer Facility Assignment (CFA) within
the originating EAS/LCA.
In addition Paging Provider may choose to
purchase a Private Line Transport Services
DS3 from USWC as a CFA on which the
Type 2 InterLCA Facility would ride. Paging
Provider will purchase a Private Line DS3 toDS1 multiplexer to support the DS1
InterLCA Facility. If Paging Provider
chooses to utilize a Private Line DS3 as
CFA, these rates will be billed out of the
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applicable Private Line Transport Services
catalogs or Tariffs.
The InterLCA Facility cannot be used to
access unbundled network elements.
The InterLCA Facility is available only
where facilities are available. USWC is not
obligated to construct new facilities to
provide a InterLCA Facility.
5. Any proposed post-installation changes of systems, operations or
services, other than the Paging Connection Services, which would
materially affect the other Party s system , operation or services
must be coordinated with the other Party by giving as much
, advance notice as is reasonable, and in no event in less than
ninety (90) days, of the nature of the changes and when they will
occur. For Paging Connection Service , changes may be made
only in accordance with the provisions of this Agreement.
6. If the authorized service areas of U S WEST or Paging Provider
change , the Parties agree to negotiate any necessary
modifications to this Agreement in good faith.
7. If US WEST proposes any change to the listed rate in any Tariff
to which Paging Provider is subject under this Agreement, U S
WEST shall give Paging Provider such notice as is required by
statute, Commission rule or Tariff, or if no notice is required, thirty
(30) days' advance notice. Nothing in this Section is intended to
limit any right of Paging Provider to challenge any change of such
rates.
DEFINITIONS
Act" means the Communications Act of 1934 (47 U.151 et.seq.
),
amended inter alia by the Telecommunications Act of 1996 , and as from
time to time interpreted in the duly authorized rules and regulations of the
courts, FCC, or competent state regulatory bodies.
Billing Demarcation Point" ("BDP") shall be the specified point on an
interconnection facility where financial responsibility for the facility shifts
from one party to this Agreement to the other party to this Agreement as
contemplated by Section 2.6.4. There need be no physical demarcation
of the Billing Demarcation Point.
Commercial Mobile Radio Service
" ("
CMRS") is a mobile service that
is:(a)(1) provided for profit; (2) an interconnected service; and (3)
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3.4
available to the public, or to such classes of eligible users as to be
effectively available to a substantial portion of the public; or (b) the
functional equivalent of such a mobile service described in Section 3.3(a)
above.
Commission" means the Idaho Public Utilities Commission and any
successor state agency that performs the same or substantially the same
regulatory functions.
Compensable Traffic" means the portion of all traffic delivered by U S
WEST to Paging Provider upon which terminating compensation is to be
paid, if any, as set forth on Appendix A.
EAS/Local Calling Area" means the geographic area defined by the EAS
boundaries as determined by the Commission and defined in U S
WEST's Local and/or General Exchange Service Tariff within which LEC
customers may complete a landline call without incurring toll charges.
Traffic originated and terminated within the same EAS boundary is
considered to be EAS/Local and is to be considered local for purposes of
this Agreement.
End User(s)" means a third-party (residence or business) that subscribes
to Telecommunications Services provided by either of the Parties.
Enhanced Services" are services offered over common carrier
transmission facilities used in interstate communications , which employ
computer processing applications that act on the format, content, code
protocol or similar aspects of the subscriber s transmitted information;
provide the subscriber additional, different or restructured information; or
involve subscriber interaction with stored information.
Exempt Traffic" means the portion of all traffic delivered by U S WEST to
Paging Provider which is not Compensable Traffic, as set forth on
Appendix A. The Parties agree for purposes of this Agreement that
Exempt Traffic includes inter-MTA traffic, Transit Traffic and traffic
originated by U S WEST customers which is routed to a Paging Provider
POC located in a different LATA than where the call originates.
10. "FCC" means the Federal Communications Commission and any
successor federal agency that performs the same or substantially the
same regulatory functions.
11. "Final Order" means an Order or Orders entered by the Commission or
the FCC with respect to which (a) the time period for seeking
reconsideration or review , or filing a judicial appeal, shall have elapsed
without the filing of any petition for reconsideration , application for review
or appeal by any party or third party and, if the Order or Orders were
granted by the Commission or FCC staff on delegated authority, the time
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period for review by the full Commission or FCC on its own motion shall
have expired without such review having been undertaken with respect to
such Orders, or any aspect or portion thereof, or (b) a petition for
reconsideration, application for review, or appeal has been filed or the full
Commission or FCC has undertaken review on its own motion , but the
Order or Orders shall have been reaffirmed or upheld or the challenge
thereto shall have been withdrawn or dismissed and the applicable period
for seeking further administrative or judicial review with respect to such
action shall have expired without the filing of any action, petition or
request for further review.
12. "lnterLATA service" is telecommunications between a point located in a
LATA and a point located outside such LATA.
13. "lntraLATA service" is telecommunications between two points located
within a single LATA.
14. "Local Access and Transport Area
" ("
LATA") means a contiguous
geographic area: a) established before the date of enactment of the
Telecommunications Act of 1996 by a Bell Operating Company such that
no exchange area includes points within more than 1 metropolitan
statistical area, consolidated metropolitan statistical area, or State, except
as expressly permitted under the AT&T Consent Decree; or (b)
established or modified by a Bell Operating Company after such date of
enactment and approved by the FCC.
15. "Local Tandem" is a U S WEST switching system that switches calls to
and from end offices within the Commission-defined Wireline local calling
area for call completion.
16. (Left blank for numbering consistency.
17. "MT A" or "Major Trading Area" is a geographic area established in Rand
McNally s Commercial Atlas and Marketing Guide , as modified and used
by the FCC in defining CMRS license boundaries for CMRS providers for
purposes of Sections 251 and 252 of the Act.
18. "NXX" means the fourth, fifth and sixth digits of a ten-digit telephone
number, and designates a Central Office Code.
19. "Order" means any order, writ, injunction , decree , stipulation , decision, or
award entered or rendered by the Commission or the FCC.
20. "Party" means either U S WEST or Paging Provider and "Parties" means
U S WEST and Paging Provider.
Point of Connection" or "POC" is the physical connection point(s)
between Paging Provider and U S WEST; the technical interface(s), test
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point(s) and point(s) for operational division of responsibility as set forth in
this agreement.
22. "Rate Center" means the specific geographic point (the "Rating Point"
and corresponding geographic area that are associated with one or more
particular NPA-NXX codes that have been assigned to a
telecommunications carrier. The geographic point is identified by
specific vertical and horizontal ("V & H") coordinate that is used by U S
WEST in conjunction with the V&H coordinates of other rate centers to
calculate distance-sensitive rates for End User traffic.
23. "Routing Point" denotes a location that a telecommunications carrier has
designated on its network as the homing (routing) point for traffic that
terminates to a specific NPA-NXX designation. The Routing Point need
not be the same as the Rating Point and need not be within the same
Rate Center, but must be in the same LATA as the associated NPA-NXX.
24. "Serving Wire Center" or "SWC" denotes the U S WEST office from which
dial tone for local exchange service will , absent special arrangements , be
provided to U S WEST End Users.
25. "Tandem Office Switches" are switches that are used to connect and
switch trunk circuits between and among other end office switches
Access Tandems" are Tandem Office Switches that exchange access
traffic. "Toll Tandems" are Tandem Office Switches that exchange
intraLATA toll traffic.
26. "Tandem Service Area" denotes the geographic area that is serviced by a
Local Tandem office switch and all end offices subtending that tandem.
27. "Tariff' as used throughout this Agreement refers to U S WEST interstate
and state tariffs, price lists, price schedules, catalogs, and service
agreements as listed on the website http//tariffs.uswest.com/.
28. "Telecommunications Services" means the offering of
telecommunications for a fee directly to the public, or to such classes of
users as to be effectively available directly to the public , regardless of the
facilities used.
29. "Transit Traffic" is traffic that originates with a telecommunications carrier
other than U S WEST that transits U S WEST's network and is delivered
to the Paging Provider s POCo The sending and receiving parties are not
End Users of U S WEST, the transiting tandem telecommunications
carrier.
30. "Type 1 Paging Connection Service" is a one-way final route trunk group
between U S WEST's end office switch and Paging Providers' POC(s).
Type 2 Paging Connection Service" is a one-way final route trunk group
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between U S WEST's Local and Toll Tandem switches and Paging
Providers' POC(s).
Terms not otherwise defined here, but defined in the Act or in regulations
implementing the Act, shall have the meanings defined there.
RATE ELEMENTS FOR DELIVERY OF EXEMPT TRAFFIC
1. Paging Provider will pay U S WEST for the portion of the U S WEST
facilities used to deliver Exempt Traffic as specified in Appendix A hereto.
Applicable rate elements are:
1. Channel (Network Access Channel - NAC). Connection from
Paging Provider s POC to the Serving Wire Center. Non-recurring
charges apply to four-wire digital channels.
2. Channel Facility (for digital service) - DS1 level. Twenty-four
digital voice grade channels can be transmitted over one DS1
facility. A full DS1 is necessary for the addition of voice grade
channels even if ordered in increments of less than 24. The
transmission rate is 1.544 Mbps.
3. Channel Facility (for digital service) - DS3 level. Twenty-eight
DS 1 s, including their associated digital voice grade channels, can
be transmitted over one DS3 facility. When using a DS3
multiplexing level , a full DS3 is necessary for the addition of DS1s
even if ordered in increments of less than 28. The facility
transmission rate is 44.736 Mbps.
2.4. Dedicated Transport. If the Serving Wire Center is not the U S
WEST end office or Local or Toll Tandem , dedicated transport
extends the channels/channel facility from the end office or
tandem to the Serving Wire Center. The interoffice facilities can
be either analog or DS 1 or DS3 digital systems.
5. Multiplexing. Multiplexing performed at the Serving Wire Center
enables a DS 1 NAC to be connected to a DSO Dedicated
Transport System. A DS3 system will be multiplexed down to a
DS1 level in order to connect with the digital switch.
PAGING CONNECTION ARRANGEMENTS
Technical Requirements
Equipment Interface. It is solely the Paging Provider s responsibility to
advise U S WEST of the equipment interface to be used at Paging
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Provider s POCo The technical requirements for the equipment interface
must be selected from those specified in Appendix B. Available
equipment interfaces specified in Appendix B are defined in Bellcore
Reference Documents GR145-CORE & BR-795-403-100.
Cooperative Testing
During installation , integrity testing, and ongoing maintenance activities
the Parties will cooperate to ensure the integrity of the connection. U S
WEST and Paging Provider will each do such maintenance testing and
inspection of their own equipment as may be reasonable and necessary.
Forecasting
Either Party shall, at the request of the other Party, participate in
joint planning sessions at quarterly intervals. The Paging Provider
shall complete a POC Forecast Form - Paging Connection (POC
Forecast Form(s)) attached as Appendix B, for each POC and for
each different equipment interface within each POCo Although
Paging Provider is required to complete a POC Forecast Form(s),
such forecasts are not orders for U S WEST telecommunications
services. U S WEST may use Paging Provider s forecasts and
other sources of data which U S WEST independently selects and
obtains to help determine the design and configuration of Paging
Connection Service. Except as set for in Section 2.2 hereof, U
S WEST is under no obligation to provide services to meet the
usage forecasted by the Paging Provider in the POC Forecast
Form , such information is for US WEST's planning purposes only.
Paging Provider shall complete the first POC Forecast
formes) upon execution of this Agreement. Thereafter
Paging Provider must complete and send U S WEST
updated POC Forecast Form(s) quarterly. If US
WEST does not receive an updated form with a new
forecast each quarter, then U S WEST will rely on the
last form received and its own current measurement of
traffic over the Paging Connection Service facilities.
2 U S WEST shall , upon execution of this Agreement , provide
Paging Provider with any data in its possession regarding the
volume of traffic over the Paging Connection Service facilities.
Thereafter, U S WEST shall on a quarterly basis send Paging
Provider any updated traffic data in its possession.
Each Party shall submit to the other Party a description of
anticipated major network projects that could affect the other
Party; at a minimum , the Party will provide at least ninety (90)
days' advance written notice of the nature of the changes and
when the change(s) will occur. Major network projects include:
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5.4.
shifts in anticipated traffic patterns or other activities that would
result in a significant increase or decrease in traffic. These
projects shall also include , but are not limited to, issues of
equipment types and network capacity, usage, and location.
Paging Provider shall attach the above information to the updated
POC Forecast Form(s) as appropriate.
Rate Centers
In the context of Type 2 Paging Connection Service, for purposes of
compensation between the Parties and the ability of U S WEST to
appropriately apply its toll tariff to its End Users, Paging Provider shall
select an end office as a Rate Center for each NXX code that is within the
Tandem Service Area of the Tandem Office Switch to which Paging
Provider interconnects. Until such time as the assignment of less than
whole NPA-NXX codes to each Rate Center is technically and
economically feasible , Paging Provider shall assign whole NPA-NXX
codes to each Rate Center.
Routing Points
With respect to Type 2 Paging Connection Service, Paging Provider will
also designate a Routing Point for each designated NXX code. Paging
Provider shall designate one of its switch locations as the Routing Point
for each NXX code assigned to Paging Provider.
LOCAL TRANSPORT AND TERMINATION RATES
U S WEST will pay Paging Provider for the transport and termination of
Compensable Traffic as set forth in Appendix A.
The following are the requirements for Paging Provider to render a bill for
Compensable Traffic. A sample bill will be provided and mutually agreed
upon at least thirty (30) days prior to initiating such billing. This sample bill
shall also display any additional requirements agreed upon by both
Parties.
(Left blank for numbering consistency.
The Parties will exchange billing contacts and
telephone numbers.
The invoices will include identification of the
monthly bill period (from and through dates), which
will be the first through the last day of the prior
calendar month.
2.4 Paging Provider will bill U S WEST by state and by
trunk group.
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Paging Provider will assign an Invoice Number
and/or Billing Account Number.
Paging Provider will provide a Remittance
Document including: remittance address, Invoice
Number and/or Billing Account Number, amount
due and Payment Due Date (at least thirty (30)
days from invoice issuance date).
The rendered bill will include a summary of charges
and total amounts due.
Charges incurred during the bill period will be
reflected on the next bill. Minute of use ("MOU"
rates will be displayed for all charges.
Invoice will include all adjustments, credits , debits
and payments.
Invoice will include all applicable taxes and
surcharges. Paging Provider will calculate, bill
collect and remit applicable taxes and surcharges
to the appropriate authorities.
Paging Provider s invoices to U S WEST will be
provided on paper, unless a mechanized format is
mutually agreed upon.
(Left blank for numbering consistency.
Total messages will be converted to MOUs as
follows: 1) the number of messages will be
aggregated at the end of the billing period by trunk
group, 2) the aggregated number of messages will
be multiplied by the average hold time in seconds
and divided by 60 (to convert to minutes) 3) the
product will be multiplied by the Compensable
Traffic percentage and 4) the result rounded to the
nearest whole minute.
In the absence of actual hold time data , it will be
assumed that average hold time per paging
message is 20 seconds.
Billing disputes will be resolved through the Dispute Resolution provisions
of this Agreement.
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SERVICE IMPAIRMENT
7.4
The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services , facilities or
equipment of the other Party shall not: 1) interfere with or impair service
over any facilities of the other Party, its affiliated companies, or its
connecting and concurring carriers involved in its services; 2) cause
damage to their plant; 3) violate any applicable law or regulation
regarding the invasion of privacy of any communications carried over the
Party s facilities; or 4) create hazards to the employees of either Party or
to the public. Each of these requirements is hereinafter referred to as an
Impairment of Service.
If either Party causes an Impairment of Service , as set forth in this
Section , the Party (the "Impaired Party ) shall promptly notify the Party
causing the Impairment of Service (the "Impairing Party ) of the nature
and location of the problem. The Impaired Party shall advise the
Impairing Party that, unless promptly rectified, a temporary
discontinuance of the use of any circuit, facility or equipment may be
required. The Impairing Party and the Impaired Party agree to work
together to attempt to promptly resolve the Impairment of Service. If the
Impairing Party is unable to promptly remedy the Impairment of Service
the Impaired Party may temporarily discontinue use of the affected circuit
facility or equipment.
When a Party reports trouble to the other Party, and no trouble is found in
the other Party s equipment, the reporting Party will be responsible for
payment of service maintenance charges as specified in U S WEST's
Intrastate Switched Access Tariff (cite) or state-specific pricing catalogue
as appropriate , for the period of time from when the other Party
personnel are dispatched to when the work is completed. Failure of the
other Party s personnel to find trouble in its service will not result in a
charge if the trouble is actually in that service, but not discovered at that
time.
To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Party
shall designate a Trouble Reporting Control Office (TRCO) and a toll free
telephone number for such service.
US WEST's TRCO number is ( 800) 784-3414
Paging Provider s TRCO number is [phone]
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This number shall give access to the location where facility records are
normally located and where current status reports on any trouble reports
are readily available.
Each Party shall use its best efforts to isolate a trouble condition(s) to the
other Party s facilities before reporting trouble to the other Party.
COLLOCATION
Should the Parties desire to collocate transmission equipment , through either
physical or virtual collocation , the Parties will enter into a separate collocation
agreement.
ACCESS TO TELEPHONE NUMBERS
Number Resources Arrangements
Nothing in this Agreement shall be construed in any manner to
limit or otherwise adversely impact either Party s right to request
or to the assignment of any North American Numbering Plan
NANP") number resources including, but not limited to, central
office "NXX" codes pursuant to the Central Office Code
Assignment Guidelines (last published by the Industry Numbering
Committee ("INC") as INC 95-0407-008 , Revision 4/19/96
formerly ICCF 93-0729-010).
2. If changes occur in the manner in which number resources are
allocated, administered or handled by the network such that
Paging Provider can be and is assigned a partial NXX code in lieu
of a whole NXX code for Type 2 connection service , then all
references in this Agreement to an NXX code shall be deemed to
include such partial NXX code if technically feasible , to the extent
appropriate under Commission (or FCC) orders , rules, or
decisions.
3. Subject to Section 2.2 of this Agreement, U S WEST will assign
Type 1 numbers to Paging Provider on an equitable non-
discriminatory basis upon reasonable request. Blocks of 100 local
numbers will be provided by U S WEST to Paging Provider as
available from the NXX codes assigned to a U S WEST End
Office. Charges for such numbers shall be in accordance with
Schedule 1.
1.4. It shall be the responsibility of each Party to program and update
its own network systems pursuant to the Local Exchange Routing
Guide (LERG) to recognize and route traffic to the other Party
assigned NXX codes. Neither Party shall impose any fees or
charges whatsoever on the other Party for such activities. The
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Parties will cooperate to establish procedures to ensure the timely
activation of NXX assignments in their respective networks.
5. Each Party shall be responsible for notifying its End Users of any
changes in numbering or dialing arrangements to include changes
such as the introduction of new NPA's or new NXX codes.
6. Each Party is responsible for administering NXX codes assigned
to it. Each Party is responsible for arranging LERG input for NXX
codes assigned to its equipment. Each Party shall use the LERG
published by Bellcore or its successor for obtaining routing
information and shall provide through an authorized LERG input
agent, all required information regarding its network for
maintaining the LERG in a timely manner.
7. Notwithstanding any provision of this Agreement to the contrary,
Paging Provider reserves the right to challenge, at any time
before the Commission , or any court or agency with jurisdiction
the reasonableness or appropriateness of any U S WEST
recurring or nonrecurring charge for numbers, number
assignments, number maintenance , number administration and/or
other number resource related charges.
10.U S WEST DEX ISSUES
U S WEST and Paging Provider agree that certain issues, such as yellow page
advertising, directory distribution, access to call guide pages, yellow page
listings , will be the subject of negotiations between Paging Provider and directory
publishers, including U S WEST Dex. U S WEST acknowledges that Paging
Provider may request U S WEST to facilitate discussions between Paging
Provider and U S WEST Dex.
11.TERM OF AGREEMENT
11.Effective Dates
All terms and conditions of this Agreement, including U S WEST's
obligation to pay terminating compensation specified in Section III of
Appendix A, shall be effective on July 1 , 2000 subject to the approval by
the Commission (the "Approval Date
11.Initial Term
The "Initial Term" of this Agreement shall expire on January 18, 2002.
11.Renewal
After the date specified in Section 11.2 above, this Agreement shall
continue in force and effect until terminated by either Party s providing
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11.4
12.
written notice of termination to the other Party pursuant to the terms of
this Agreement.
Termination
11.4.1 Involuntary Termination. This Agreement will terminate upon a
revocation or other termination of either Party s governmental
authority to provide the services contemplated by this Agreement.
If the authority is temporarily suspended, delivery of traffic will
cease only during the suspension if the suspended Party
otherwise is and remains in full compliance under this Agreement.
11.4.2 Voluntary Termination. The Agreement may be terminated upon
160 days' advance written notice at any time after August 11
2001. The Parties agree that any such notification of termination
shall be deemed a formal request under Sections 251 and 252 of
the Act for negotiation of an interconnection agreement. During
the termination notice period, the Parties shall negotiate in good
faith to reach a revised agreement. If no such agreement is
reached , the Agreement will terminate on the 161st day after
notice , unless either party has requested arbitration pursuant to
Section 252(b)(1) of the Act, in which case the Agreement will
continue in force and effect until a successor agreement has been
approved by he Commission.
PAYMENT
12.
12.
12.
Amounts payable under this Agreement are due and payable within thirty
(30) days after the date of invoice , unless disputed in good faith by either
Party. Billing and collection of usage charges by either Party from its End
Users shall have no bearing on the amount or timeliness of either Party
payment obligation to the other Party.
Unless otherwise specified in this Agreement, any amount due and not
paid by the due date to either Party shall be subject to the late payment
factor of the U S WEST Intrastate Access Service Tariffs, General
Regulations for the state in which the Paging Connection Service or other
service provided pursuant to this Agreement is rendered.
Should either Party dispute any portion of the monthly billing under this
Agreement, that Party will notify the other Party in writing within thirty (30)
days of the receipt of such billing, identifying the amount and details of
such dispute. Both Parties agree to expedite the investigation of any
disputed amounts in an effort to resolve and settle the dispute prior to
initiating any other rights or remedies. Each party shall pay all billed
amounts when due , provided, however, that a Party may withhold (i) up to
four months worth of disputed charges (not to exceed $100 000 in the
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aggregate for all disputes should multiple disputes exist) pending
resolution of such dispute, and (ii) any disputed amounts pertaining to
reciprocal compensation for internet-related traffic. Should the dispute
be resolved in the non-disputing Party s favor, the disputing Party shall
pay the withheld amounts to the non-disputing Party within thirty days.
Should the dispute be resolved in the disputing Party s favor, the non-
disputing party will credit any paid disputed amounts against the disputing
Party s succeeding monthly bills; provided, however, that if a credit
balance remains for more than 3 months on an account, the non-
disputing Party shall pay the credit balance in cash to the disputing Party.
No late payment factor or charges, interest or other penalties shall apply
to payments or credits made pursuant to the settlement of disputed
amounts provided the payment or credit is made within 30 days following
the resolution of the dispute.
12.4 If either Party is repeatedly delinquent in making payments , the other
Party may, in its sole discretion , require a deposit to be held as security
for the payment of charges. "Repeatedly delinquent" means being thirty
(30) days or more delinquent in the payment of non-disputed amounts for
three (3) consecutive months. The deposit may not exceed the estimated
total monthly charges for a two (2) month period. The deposit may be a
cash deposit, a letter of credit with terms and conditions acceptable to the
requesting Party in its sole discretion, or some other form of mutually
acceptable security.
12.Interest will be paid on cash deposits at the rate applying to deposits
under applicable Commission rules , regulations, or Tariffs. Cash deposits
and accrued interest will be credited to the depositing Party s account or
refunded, as appropriate, upon the earlier of the termination of this
Agreement or one full year of timely payments in full by the depositing
Party. The fact that a deposit has been made does not relieve the
depositing Party from any requirements of this Agreement.
13.MISCELLANEOUS TERMS
13.1. General Provisions
13.1. The Parties are each solely responsible for participation in and
compliance with national network plans , including the National
Network Security Plan and Emergency Preparedness Plan.
13.2. Each Party is solely responsible for the services it provides to its
End Users and to other telecommunications carriers.
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13.3. The Parties shall work cooperatively to minimize fraud associated
with third-number billed calls, calling card calls, and any other
services related to this Agreement.
13.2. Taxes
Each Party shall payor otherwise be responsible for all federal , state , or
local sales, use, excise, gross receipts, transaction or similar taxes, fees
or surcharges levied against or upon such Party, except for any tax on
either Party s corporate existence, status or net income. Whenever
possible , these amounts shall be billed as a separate item on the invoice.
To the extent a sale is claimed to be for resale tax exemption , the
purchasing Party shall furnish the providing Party a proper resale tax
exemption certificate as authorized or required by statute or regulation by
the jurisdiction providing said resale tax exemption. Failure to timely
provide said resale tax exemption certificate will result in no exemption
being available to the purchasing Party.
13.3. Force Majeure
Neither Party shall be liable for any delay or failure in performance of any
part of this Agreement from any cause beyond its control and without its
fault or negligence including, without limitation, acts of nature, acts of civil
or military authority, government regulations, embargoes , epidemics
terrorist acts, riots, insurrections, fires, explosions , earthquakes, nuclear
accidents, floods , labor disputes, strikes or lockouts , equipment failures
due to year 2000 (Y2K) problems , power blackouts, volcanic action , other
major environmental disturbances , an unforeseeable inability to secure
products or services of other persons or transportation facilities or acts or
omissions of transportation carriers (collectively, a "Force Majeure
Event"
13.4. Limitation of Liability
13.4.1. Each Party shall be liable to the other for direct damages for any
loss, defect or equipment failure resulting from the causing Party
conduct or the conduct of its agents or contractors in performing
the obligations contained in this Agreement.
13.4.2 Except for indemnity obligations, each Party s liability to the other
Party for any loss relating to or arising out of any negligent act or
omission in its performance of this Agreement , whether in contract
or in tort , shall be limited to the total amount that is or would have
been charged to the other Party by such negligent or breaching
Party for the service(s) or function(s) not performed or improperly
performed.
13.4.3. Except as provided in Sections 13.6.4 and 13.5 below, neither
Party shall be liable to the other under this Agreement for indirect
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13.
incidental, consequential, or special damages , including (without
limitation) damages for lost profits, lost revenues , lost whether in
contract, warranty, strict liability, tort , including (without limitation)
negligence of any kind and regardless of whether the Parties
knew the possibility that such damages could result.
13.4.4. Nothing contained in this Section shall limit either Party s liability
to the other for willful misconduct.
13.4.5. Nothing contained in this Section shall limit either Party
obligations of indemnification as specified in Section 13.7 of this
Agreement.
Indemnity
13.1. With respect to third party claims, each of the Parties agrees to
release, indemnify, defend and hold harmless the other Party and
each of its officers, directors, employees and agents (each an
Indemnitee ) from , against and in respect of any loss, debt
liability, damage, obligation, claim , demand, judgment or
settlement of any nature or kind, known or unknown , liquidated or
unliquidated including, but not limited to, costs and attorneys' fees
(collectively and individually "Claims ), whether suffered , made
instituted , or asserted by any other party or person , for invasion of
privacy, personal injury to or death of any person or persons , or
for loss, damage to , or destruction of property, whether or not
owned by others, resulting from the indemnifying Party
performance, violation of law, or status of its employees, agents
and subcontractors; or for failure to perform under this Agreement
regardless of the form of action , except for Claims arising out of
resulting from, or in connection with the Indemnitee s negligence
or willful misconduct.
13.2. The indemnification provided herein shall be conditioned upon:
13.The indemnified Party shall promptly notify the
indemnifying Party in writing of any action taken
against the indemnified Party relating to the
indemnification. Failure to so notify the indemnifying
Party shall not relieve the indemnifying Party of any
liability that the indemnifying Party might have , except
to the extent that such failure prejudices the
indemnifying Party s ability to defend such Claim.
13.The indemnifying Party shall have sole authority to
defend any such action, including the selection of legal
counsel, and the indemnified Party may engage
separate legal counsel only at its sole cost and
expense. The indemnified Party shall cooperate with
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the indemnifying Party at the indemnifying Party
reasonable expense.
13.In no event shall the indemnifying Party settle or
consent to any judgment pertaining to any such action
which is payable in any part by the indemnified Party
without the prior written consent of the indemnified
Party.
13.Intellectual Property
13.1. Paging Provider and U S WEST shall not, without the express
written permission of the other, state or imply that; 1) they are
connected, or in any way affiliated, with each other or the other
affiliates , 2) they are part of a joint business association or any
similar arrangement with each other or the other s affiliates, 3)
they or their affiliates are in any way sponsoring, endorsing or
certifying each other or their goods and services , or 4) with
respect to the other s advertising or promotional activities or
materials, that they are in any way associated with or originated
from the other or any of the other s affiliates. Nothing in this
paragraph shall prevent Paging Provider and U S WEST from
truthfully describing the network elements they use to provide
service to their End Users.
13.2. Except as expressly provided in this Intellectual Property Section
nothing in this Agreement shall be construed as the grant of a
license, either express or implied , with respect to any patent
copyright, logo, trademark, tradename , trade secret or any other
intellectual property right now or hereafter owned, controlled or
licensable by either Party. Paging Provider and U S WEST may
not use any patent , copyright , logo, trademark, tradename, trade
secret or other intellectual property right of the other Party or its
affiliates without execution of a separate agreement between the
Parties.
13.3. Paging Provider and U S WEST acknowledge the value of the
marks "U S WEST
" "
U S WEST Communications
" "
Arch Paging,
Inc." and "Mobile Communications Corporation of America" (the
Marks ) and the goodwill associated therewith and acknowledge
that such goodwill is a property right belonging to U S WEST, Inc.
U S WEST, Arch Paging, Inc. and Mobile Communications
Corporation of America respectively (the "Owners ). The Parties
recognize that nothing contained in this Agreement is intended as
an assignment or grant to either Party of any right, title or interest
in or to the Marks and that this Agreement does not confer any
right or license to grant sublicenses or permission to third parties
to use the Marks and is not assignable. The Parties will do
nothing inconsistent with the Owners' ownership of the Marks , and
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all rights , if any, that may be acquired by use of the Marks shall
inure to the benefit of the Owners. The Parties will not adopt , use
(other than as authorized herein ) register or seek to register any
mark anywhere in the world which is identical or confusingly
similar to the Marks or which is so similar thereto as to constitute a
deceptive colorable imitation thereof or to suggest or imply some
association , sponsorship, or endorsement by the Owners. The
Owners make no warranties regarding ownership of any rights in
or the validity of the Marks.
13.6.4. As a condition to the access or use of patents , copyrights , trade
secrets and other intellectual property (including software) owned
or controlled by a third party to the extent necessary to implement
this Agreement or specifically required by the then applicable
federal and state rules and regulations relating to interconnection
and access to telecommunications facilities and services, the
Party providing access may require the other upon written notice
from time to time , to obtain a license or permission for such
access or use, make all payments in connection with obtaining
such permission , and providing evidence of such permission.
13.7. Warranties
NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS
MADE , AND THAT THERE DOES NOT EXIST, ANY WARRANTY
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
13.Assignment
Neither Party may assign or transfer (whether by operation of law or
otherwise) this Agreement (or any rights or obligations hereunder) to a
third party without the prior written consent of the other Party, which
consent shall not be unreasonably withheld or delayed , provided that
each Party may assign this Agreement to a corporate affiliate or an entity
under its common control or an entity acquiring all or substantially all of its
assets or equity by providing prior written notice to the other Party of such
assignment or transfer. Any attempted assignment or transfer that is not
permitted is void ab initio.Without limiting the generality of the foregoing,
this Agreement shall be binding upon and shall inure to the benefit of the
Parties' respective successors and assigns.
13.9. Default
If either Party defaults in the payment of any amount due hereunder, or if
either Party violates any other provision of this Agreement, and such
default or violation shall continue for thirty (30) days after written notice
thereof, the other Party may seek legal and/or regulatory relief. All
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13.10.
remedies provided for herein shall be cumulative. The failure of either
Party to enforce any of the provisions of this Agreement or the waiver
thereof in any instance shall not be construed as a general waiver or
relinquishment on its part of any such provision, but the same shall
nevertheless, be and remain in full force and effect.
Disclaimer of Agency
Except for provisions herein , if any, expressly authorizing a Party to act
for the other, nothing in this Agreement shall constitute a Party as a legal
representative or agent of the other Party, nor shall a Party have the right
or authority to assume , create or incur any liability or any obligation of any
kind , express or implied, against or in the name or on behalf of the other
Party unless otherwise expressly permitted by such other Party. Except
as otherwise expressly provided in this Agreement, no Party undertakes
to perform any obligation of the other Party, whether regulatory or
contractual , or to assume any responsibility for the management of the
other Party s business.
13.11. Severability
Except as provided in Section 1.2 of this Agreement, the provisions of this
Agreement are not severable.
13.12.Nondisclosure
13.12.1. All information, including but not limited to specifications
microfilm , photocopies, magnetic disks, magnetic tapes
drawings , sketches, models, samples, tools , technical
information, data, employee records , maps , financial reports
customer records, Customer Proprietary Network Information
(as defined by Section 222 (f)(2) of the Act and as implemented
by the FCC) and market data, (i) furnished by one Party to the
other Party, or (ii) in written, graphic , electromagnetic, or other
tangible form and marked at the time of delivery as
Confidential" or "Proprietary , or (iii) communicated and
declared to the receiving Party at the time of delivery, or by
written notice given to the receiving Party within ten (10) days
after delivery, to be "Confidential" or "Proprietary" (collectively
referred to as "Proprietary Information ), shall remain the
property of the disclosing Party. A Party who receives
Proprietary Information via an oral communication may request
written confirmation that the material is Proprietary Information.
A Party who delivers Proprietary Information via an oral
communication may request written confirmation that the Party
receiving the information understands that the material is
Proprietary Information.
13.12.2. Upon request by the disclosing Party, the receiving Party shall
either return or destroy all tangible copies of Proprietary
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CDS-OOO614-0079
Information whether written , graphic or otherwise at the
receiving Party s option.
13.12.3. Each Party shall endeavor to keep all of the other Party
Proprietary Information confidential using the same degree of
care as the receiving Party uses for its own confidential
information of similar importance and shall use the other Party
Proprietary Information only in connection with performance of
this Agreement. Neither Party shall use the other Party
Proprietary Information for any other purpose except upon such
terms and conditions as may be agreed upon between the
Parties in writing.
13.12.4. Unless otherwise agreed, the obligations of confidentiality and
non-use set forth in this Agreement do not apply to such
Proprietary Information as:
13.12.4.
13.12.4.
13.12.4.
13.12.4.4.
13.12.4.
13.12.4.
13.12.4.
6/14/2000/lhd/Arch-1 D
CDS-OOO614-0079
was at the time of receipt already known to the
receiving Party free of any obligation to keep it
confidential; or
is or becomes publicly known through no wrongful
act of the receiving Party; or
is rightfully received from a third person having no
direct or indirect secrecy or confidentiality obligation
to the disclosing Party with respect to such
information; or
is independently developed by an employee, agent
or contractor of the receiving Party without
reference to the Proprietary Information; or
is disclosed to a third person by the disclosing
Party without similar restrictions on such third
person s rights; or
is approved for release by written authorization of
the disclosing Party; or
is required to be made public by the receiving Party
pursuant to applicable law or regulation provided
that the receiving Party shall give sufficient notice
of the requirement to the disclosing Party to enable
the disclosing Party to seek protective orders , at
the disclosing Party s sole expense.
13.12.Effective Date of this Section. Notwithstanding any other
provision of this Agreement, the Proprietary Information
provisions of this Agreement shall apply to all Proprietary
Information furnished by either Party to the other in furtherance
of the purpose of this Agreement , even if furnished before the
date of this Agreement.
13.13. Survival
Any obligations under this Agreement which by their nature are intended
to continue beyond the termination or expiration of this Agreement shall
survive the termination or expiration of this Agreement.
13.14.Dispute Resolution
If any claim, controversy or dispute between the Parties, their agents
employees , officers, directors or affiliated agents ("Dispute ) cannot be
settled through negotiation , it shall be resolved by arbitration under the
then current rules of the American Arbitration Association ("AAA"). The
arbitration shall be conducted by a single neutral arbitrator familiar with
the telecommunications industry and engaged in the practice of law.
Such arbitrator shall not be a current or former employee, agent
contractor, officer or director of either Party or its affiliates or subsidiaries
or related in any way to a current or former employee, agent, contractor
officer, or director of either Party or its affiliates. The Federal Arbitration
Act, 9 U.C. Secs. 1-, not state law, shall govern the arbitrability of all
Disputes. The arbitrator shall not have authority to award punitive
damages. All expedited procedures prescribed by the AAA rules shall
apply and the rules used shall be those for the telecommunications
industry. The arbitrator s award shall be final and binding and may be
entered in any court having jurisdiction thereof. The prevailing Party, as
determined by the arbitrator, shall be entitled to an award of reasonable
attorneys' fees and costs. The arbitration shall occur at a mutually
agreed upon location. Nothing in this Section shall be construed to waive
or limit either Party s right to seek relief from the Commission or the FCC
as provided by state or federal law.
No action, regardless of form , may be brought with respect to any dispute
arising out of this Agreement, by either Party more than two (2) years
after the cause of action accrues.
13.15.Controlling Law
This Agreement was negotiated by the Parties in accordance with the
terms of the Act and the laws of the state where service is provided
hereunder. It shall be interpreted solely in accordance with the terms of
the Act and the applicable state law in the state where the service is
provided. Where this Agreement and an applicable Tariff are in conflict
this Agreement shall control.
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13.16. Joint Work Product
This Agreement is the joint work product of the Parties, has been
negotiated by the Parties and their respective counsel and shall be
interpreted in accordance with its terms. In the event of any ambiguities
no inferences shall be drawn against either Party as if they were the
drafter of the Agreement.
13.17.Responsibility for Environmental Contamination
Neither Party shall be liable to the other for any costs whatsoever
resulting from the presence or release of any environmental hazard that
such Party did not introduce to the affected work location. Both Parties
shall defend and hold harmless the other, its officers, directors and
employees from and against any losses , damages , claims, demands
suits, liabilities, fines, penalties and expenses (including reasonable
attorneys' fees) that arise out of or result from (i) any environmental
hazard that the indemnifying Party, its contractors or agents introduce to
the work locations or (ii) the presence or release of any environmental
hazard for which the indemnifying Party is responsible under applicable
law, except to the extent such environmental hazard arises out of, or is in
connection with , the other Party s negligence or willful misconduct.
13.18. Notices
Any notices required by or concerning this Agreement shall be delivered
by hand or sent via courier or certified mail to the Parties at the addresses
shown below:
U S WEST Communications, Inc.
Director - Interconnect
1801 California Street, Room 2410
Denver, CO 80202
Arch Paging
1800 West Park Drive
Westborough, MA 01581-3912
Attn.: Dennis Doyle
Tel # [phone]
With a copy: to:
U S WEST Law Department
Attention General Counsel
1801 California Room 5100
Denver, CO 80202
Each Party shall inform the other of any changes in the above addresses.
13.19.Responsibility of Each Party
Each Party is an independent contractor, and has and hereby retains the
right to exercise full control of and supervision over its own performance
of its obligations under this Agreement and retains full control over the
employment, direction , compensation and discharge of all employees
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CDS-OOO614-0079
13.20.
13.21.
assisting in the performance of such obligations. Each Party will be solely
responsible for all matters relating to payment of such employees
including compliance with social security taxes , withholding taxes and all
other regulations governing such matters. Each Party will be solely
responsible for proper handling, storage, transport and disposal at its own
expense of all (i) substances or materials that it or its contractors or
agents bring to, create or assume control over at work locations or, (ii)
waste resulting therefrom or otherwise generated in connection with its or
its contractors' or agents ' activities at the work locations. Subject to the
limitations on liability and except as otherwise provided in this Agreement
each Party shall be responsible for (i) its own acts and performance of all
obligations imposed by applicable law in connection with its activities
legal status and property, real or personal and , (ii) the acts of its own
affiliates, employees, agents and contractors during the performance of
that Party s obligations hereunder.
No Third Party Beneficiaries
Except as may be specifically set forth in this Agreement, this Agreement
does not provide and shall not be construed to provide third parties with
any remedy, claim , liability, reimbursement, cause of action, or other
privilege.
Referenced Documents
All references to Appendixes, Sections, Exhibits , and Schedules shall be
deemed to be references to Sections of, and Exhibits and Schedules to
this Agreement unless the context shall otherwise require. Whenever any
provision of this Agreement refers to a technical reference, technical
publication , Paging Provider practice , U S WEST practice , any publication
of telecommunications industry administrative or technical standards , or
any other document specifically incorporated into this Agreement, it will
be deemed to be a reference to the most recent version or edition
(including any amendments , supplements, addenda , or successors) of
such document that is in effect on the date hereof. If there are changes
to such documents, the Parties will jointly agree whether this Agreement
shall include such revised version or edition (including any amendments
supplements, addenda, or successors) of each document incorporated by
reference in such a technical reference , technical publication , Paging
Provider practice , U S WEST practice , or publication of industry
standards (unless Paging Provider elects otherwise). Should there be
any inconsistency between or among publications or standards, the
Parties will jointly agree which requirement shall apply.
13.22. Publicity and Advertising
Neither Party shall publish (other than in connection with necessary
approval of this Agreement by a Commission with jurisdiction) or use any
advertising, sales promotions or other publicity materials that use the
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other Party s logo, trademarks or service marks without the prior written
approval of the other Party.
13.23. Amendment
Paging Provider and U S WEST may mutually agree to amend this
Agreement in writing. Since it is possible that amendments to this
Agreement may be needed to fully satisfy the purposes and objectives of
this Agreement, the Parties agree to work cooperatively, promptly and in
good faith to negotiate and implement any such additions, changes and
corrections to this Agreement.
13.24. Executed in Counterparts
This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original; but such counterparts shall together
constitute one and the same instrument.
13.25.Headings of No Force or Effect
The headings of Articles and Sections of this Agreement are for
convenience of reference only, and shall in no way define, modify or
restrict the meaning or interpretation of the terms or provisions of this
Agreement.
13.26.Regulatory Approval
The' Parties understand and agree that this Agreement will be filed with
the Commission and may thereafter be filed with the FCC and shall , at
times , be subject to review by the Commission or the FCC. The Parties
shall cooperate in a good faith effort to secure, as soon as practicable
any required regulatory approvals of this Agreement.
13.27. Compliance
Each Party shall comply with all applicable federal, state , and local laws
rules and regulations applicable to its performance under this Agreement.
13.28 Further Assurances
Each Party shall at any time, and from time to time, upon the written
request of the other Party, execute and deliver such further documents
and do such further acts and things as the other Party may reasonably
request to effect the purposes of this Agreement. The Parties shall act in
good faith and consistent with the intent of the Act in the performance of
their obligations under this Agreement. Where notice, approval or similar
action by a Party is permitted or required by any provision of this
Agreement (including, without limit, the obligation of the Parties to further
negotiate the resolution of new or open issues under this Agreement)
such action shall not be unreasonably delayed , withheld or conditioned.
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13.29. Section 252(i) Election
Paging Provider shall have the right under 47 U.C. Sections 252(i) to
elect terms and conditions from other approved agreements consistent
with 47 C.R. Section 51.809.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their respective duly authorized representatives for the state of Idaho.
ARCH PAGING, INC. AND MOBILE
COMMUNICATIONS CORPORATION
~~~
SI ature
i)~
//./
/)G?C/
e Printed/Tyged
Y&;~/"hY,vCl"
Title ~cP
Date
6/14/2000/lhd/Arch-
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US WEST COMMUNICATIONS, INC.
Elizabeth J. Stamp
Name Printed/Typed
Director - Interconnect
Title
(/; /2;;-01)
Date
APPENDIX A - Rates and Charges
FACILITY CHARGES
Paging Provider shall be obligated to pay for the portion of the facilities
used to deliver Third Party Traffic as set forth below. The payment shall
be calculated by multiplying the specified rate by the Third Party Traffic
percentage. Twenty-four percent (24%) of all traffic delivered by USWC
to Paging Provider under this Agreement shall be deemed Third Party
Traffic.
100% of the Non recurring charges incurred due to Paging Provider
relocation or equipment change will be paid
COMPENSATION FOR DELIVERY OF USWC ORIGINATED TRAFFIC
A. Flat Rate per Trunk: Pursuant to Section 6, USWC will compensate
Paging Provider on a monthly basis at a flat rate per trunk for delivery of
USWC originated traffic as follows:
Type 1: 6 000 MOU per trunk times Compensable Traffic percentage
times $0.003398 times trunk quantity
Type 2: 6 000 MOU per trunk times Compensable Traffic percentage
times $0.003398 times trunk quantity
Flat Rate per Trunk: Pursuant to Section 6 , upon establishment of an
actual three (3) month average Minutes of Use (MOU) per trunk group
type, USWC will compensate Paging Provider on a monthly basis at a flat
rate per trunk for delivery of USWC originated traffic as follows:
Type 1: Average MOU per trunk times Compensable Traffic
percentage times $0.003398 times trunk quantity
Type 2: Average MOU per trunk times Compensable Traffic
percentage times $0.003398 times trunk quantity
The Compensable Traffic percentage shall be calculated as follows:
Compensable Traffic percentage equals one minus Third Party Traffic
percentage.
BFR PROCESSING FEE
Pursuant to Section 15 , Bona Fide Request , USWC shall apply a fee of Two
Thousand, One Hundred and Twenty Eight Dollars ($2128.00) for processing
each Bona Fide Request submitted by Paging Provider.
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APPENDIX A - SCHEDULE 1
IDAHO TYPE 1 TELRIC RATES
PAGE 1 -IDAHO TYPE 1 TELRIC RATES
DESCRIPTION USOC NON-RECURRING
RECURRING
NETWORK ACCESS CHANNEL - NAC
Analog 2-wire Channels:
1-way in (land to mobile)MTZ1X $263.$38.
Analog 4-wire Channels:
1-way in (land to mobile)MT J1X $263.81 $89.
4-wire Digital Channels:
1-way in (land to mobile)M4W1X $78.N/A
DIGITAL FACILITY
DS 1 level MF31X $485.$93.
CONNECTIVITY
Analog (Per analog channel)CK6AX N/A $20.
DS1 level (Per DS1 Facility)CK61X N/A $50.40
per DS1 Activated on a DS3 Facility CK61X N/A $50.40
DIAL OUTPULSING
Per each one-way-in (land to mobile)
or two-way channel:
Analog 2-wire OUPAX $181.N/A
Analog 4-wire or Digital OUPDX $181.N/A
MULTIPLEXING
DS 1 to DSO MXG1X $291.$199.
CHANNEL PERFORMANCE
loop Start PM2GG N/A $7.
Ground Start PM2HG N/A $5.
loop with Reverse Battery PM2JG N/A $4.
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PAGE 2 - IDAHO TYPE 1 TElRIC RATES
DESCRIPTION USOC NON-RECURRING
RECURRING
DEDICATED TRANSPORT
Analog/DSO
Over 0 to 8 Miles
Fixed:XUWH 1 $28.$18,
Per Mile JZ3HA N/A $0.
Over 8 to 25 Miles
Fixed XUWH2 $28.$18.
Per Mile JZ3HB N/A $0.
Over 25 to 50 Miles
Fixed XUWH3 $28.$18.
Per Mile JZ3HC N/A $0.
Over 50 Miles
Fixed XUWH4 $28.$18.
Per Mile JZ3HD N/A $0.
DS1 level
Over 0 to 8 Miles
Fixed:XUWJ1 $216.$37.35
Per Mile JZ3JA N/A $1.
Over 8 to 25 Miles
Fixed XUWJ2 $216.$37.35
Per Mile JZ3JB N/A $1.
Over 25 to 50 Miles
Fixed XUWJ3 $216.$37.
Per Mile JZ3JC N/A $2.
Over 50 Miles
Fixed XUWJ4 $216.$37.35
Per Mile JZ3JD N/A $1.
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APPENDIX A - SCHEDULE 1
IDAHO TYPE 2 TELRIC RATES
PAGE 1-IDAHO TYPE 2 TELRIC RATES
DESCRIPTION USOC NON RECURRING MONTHLY
CHANNEL
(Network Access Channel- NAG)
2 wire Analoq (trunk side termination)
2A-1 way in (Paging)P231 X $263.81 $38.
4 wire Analoq (trunk side termination)
2A-1 way in (Paging)P431X $263.$73.34
4 wire Di ital trunk side termination
TYPE 2A
2A-1 way in (Paging)
- Initial P4Y1X $78.N/A
- Subsequent P4Y1X $78.N/A
Channel Facility-DS1 Level MF31X $485.$93.
Channel Facility-DS3 Level MF33X $532.$368.
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PAGE 2 -IDAHO TYPE 2 TElRIC RATES
DESCRIPTION USOC NON RECURRING MONTHLY
DEDICATED TRANSPORT
Analog/DSO
over 0 to 8 Miles
fixed XU2T1 $28.$18.
per mile JZ3TA $28.$0.
over 8 to 25 Miles
fixed XU2T2 $28.29 $18.
per mile JZ3TB $28.$0.
over 25 to 50 Miles
fixed XU2T3 $28.$18.
per mile JZ3TC $28.$0.
over 50 Miles
fixed XU2T4 $28.$18.
per mile JZ3TD $28.$0.
DS1 level
over 0 to 8 Miles
fixed XUWJ1 $216.$37.
per mile JZ3JA $216.$1.
over 8 to 25 Miles
fixed XUWJ2 $216.$37.35
per mile JZ3JB $216.$1.
over 25 to 50 Miles
fixed XUWJ3 $216,$37.
per mile JZ3JC $216.$2.
over 50 Miles
fixed XUWJ4 $216.$37.
per mile JZ3JD $216.$1.
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CDS-000614-0079
PAGE 3 -IDAHO TYPE 2 TELRIC RATES
DESCRIPTION USOC NON RECURRING MONTHLY
DS3 Level
over 0 to 8 Miles
fixed XUWK1 $216.$257.
per mile JZ3KA $216.$19.48
over 8 to 25 Miles
fixed XUWK2 $216.$260.49
per mile JZ3KB $216.$24.
over 25 to 50 Miles
fixed XUWK3 $216.$260.
per mile JZ3KG $216.$26.43
over 50 Miles
fixed XUWK4 $216.$259.32
per mile JZ3KD $216.$26.
CHANNEL PERFORMANCE PM2JG N/A $4.
Loop with Reverse Battery
applies only when there is Dedicated
Transport on Analog 2-Wire NAG
MULTIPLEXING
per DS 1 to DSO Multiplexer MXG1X $291.36 $199.
per DS3 to DS1 Multiplexer MXG3X $298.$201.
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APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST
DATE PREPARED: update required quarterly)
(Paging Provider)'s Point of Connection (POC) (one form required per POC)
New POC
Existing POC I For Internal Use Only
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLL! Code (associated with NXX):
P~C CLL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL PAGING DID Numbers associated with this POC:
Paaina Provider s Equipment Requirements (check appropriate line(s))Digital Analog 2-wire- 4-wire
Trunk Pulsing: Multifrequency (MF) Dial Pulse (DP)
Dual Tone Multifrequency (DTMF)
Start Signaling: Wink
Outpulsing (4-10 digits)
Immediate (IMM)Delayed Start
Network Channel Interface - Analoa
Reverse Battery - 600 ohms
Reverse Battery - 900 ohms
Loop Start
E & M Signaling - Type I
E & M Signaling - Type II
Network Channel Interface - Diaital:
DS3
DS1 AMI + SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
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APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
Year 1 Year 2 Year 3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information to this forecast, per Section
2 of th~ Agreement
Mail completed form to:USWC
Type 1 Forecast Manger
250 Bell Plaza , Room 311
Salt lake City, UT 84111
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APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST
DATE PREPARED:update required quarterly)
Paging Provider s Point of Connection (POC) (one form required per POC)
New poe For Internal Use Only
Existing POC
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch CLL! Code (associated with NXX):
P~C CLL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List All PAGING DID Numbers associated with this POC:
PaQinQ Provider s Equipment Requirements (check appropriate line(s))Digital Analog 2-wire- 4-wire
Trunk Pulsing: Multifrequency (MF) Dial Pulse (DP)
Dual Tone Multifrequency (DTMF)
Start Signaling: Wink
Outpulsing (4-10 digits)
Immediate (IMM)Delayed Start
Network Channel Interface - AnaloQ
Reverse Battery - 600 ohms
Reverse Battery - 900 ohms
Loop Start
E & M Signaling - Type I
E & M Signaling - Type II
Network Channel Interface - DiQital:
DS3
DS1 AMI + SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
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APPENDIX B - TYPE 1 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
Year 1 Year 2 Year 3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
I For Internal Use Only:
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information to this forecast, per Section
of th~ Agreement
Mail completed form to:USWC
Type 1 Forecast Manger
250 Bell Plaza, Room 311
Salt Lake City, UT 84111
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APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST
DATE PREPARED:update required quarterly)
Paging Provider s Point of Connection (POC) (one form required per POC)
New POC
Existing POC
For Internal Use Only
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch ClL! Code (associated with NXX):
POC ClL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List All PAGING NXX's associated with this POC: (Type 2 Paging Service is only
available to NXX's and associated POCs located within the geographical serving area of
the respective USWC local and lATAlToll Tandems)
Paaina Provider s Equipment Requirements (check appropriate line(s))
Trunk Pulsing
Multifrequency (MF-Wink Start)
Common Channel Signaling (SS7)
Digits Required (4-10 digits):
Network Channel Interface - Digital only
(if DS3, identify both DS3 and DS1 level):DS3 DS1 AMI + SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
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APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
INITIAL POC FORECAST FORM
Usaae Forecast - EAS Traffic
Year 1
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
Year 2 Year 3
For Internal Use Only:
Equivalent Trunks:Year 1 Year 3Year 2
Usaae Forecast - Toll Traffic
Year 1
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
I For Internal Use Only:
Prepared by:Date:
Telephone Number:
Year 2
Title:
Please attach additional major network project information
to this forecast, per Section 4.2 of the Agreement
Mail completed form to:USWC
Type 2 Forecast Manager
250 Bell Plaza, Room 311
Salt Lake City, UT 84111
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Year 3
APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST
DATE PREPARED:update required quarterly)
Paging Provider s Point of Connection (POC) (one form required per POC)
New POC
Existing POC
For Internal Use Only
Paging Provider:ACNA:
POC Address:
City, State, Zip:
Switch ClL! Code (associated with NXX):
POC ClL! Code (if assigned) :
Technical Contact Name:
Technical Contact Phone Number:
Billing Contact Name:
Billing Contact Phone Number:
List ALL PAGING NXX's associated with this POC: (Type 2 Paging Service is only
available to NXX's and associated POCs located within the geographical serving area of
the respective USWC Local and LATAlToll Tandems)
Paging Provider s EQuipment ReQuirements (check appropriate line(s))
Trunk Pulsing
Multifrequency (MF-Wink Start)
Common Channel Signaling (SS7)
Digits Required (4-10 digits):
Network Channel Interface - Digital only
(if DS3, identify both DS3 and DS1 level):DS3 DS1 AMI + SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
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APPENDIX B - TYPE 2 PAGING CONNECTION SERVICE
QUARTERLY POC FORECAST FORM
Usa~e Forecast - EAS Traffic
Year 1 Year 2 Year 3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
For Internal Use Only:
Equivalent Trunks:Year 1 Year 2 Year 3
Usa~e Forecast - Toll Traffic
Year 1 Year 2 Year 3
Busy Season:
Average Busy Hour Minutes of Use
Average Busy Hour Number of Messages
I For Internal Use Only:
Prepared by:Date:
Title:Telephone Number:
Please attach additional major network project information
to this forecast, per Section 5.3 of the Agreement
Mail completed form to:USWC
Type 2 Forecast Manager
250 Bell Plaza, Room 311
Salt lake City, UT 84111
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