20031210Application.pdf

Peter Butler
Senior Attorney
U S WEST Law Department
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone] 99 r1AR ~ m~9 ~8
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Robert F. Ryder
Owner
Robert F. Ryder dba Radio Paging Service
506 S. 5th Street
Boise, Idaho 83702
[phone]
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HO PUl1L\i
U11LiTIES COMMISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF U S WEST
COMMUNICATIONS, INC., and ROBERT F.
RYDER DBA RADIO PAGING SERVICE FOR)
APPROVAL OF TYPE 1 PAGING
CONNECTION AGREEMENT PURSUANT
TO 47 U.C. ~252
CASE NO. tt S u)
\-
OC~
U S WEST Communications, Inc. ("U S WEST") and Robert F. Ryder dba Radio Paging
Service ("Radio Paging ) hereby jointly file this Application for Approval of a Type 1 Paging
Connection Agreement between US WEST and Radio Paging, dated February 19, 1999 (the
Agreement"), for the purpose of connecting facilities and exchanging traffic between Radio
Paging and U S WEST in Idaho. A copy ofthe 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"
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that:
JOINT REQUEST OF ROBERT F. RYDER
DBA RADIO PAGING SERVICE AND
U S WEST FOR
APPROV AL OF AGREEMENT - 1 -
US WEST, Inc.
1600 7th Ave., Suite 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
(1) the agreenl- _L (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.
Radio Paging and U S WEST 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 Radio
Paging to interconnect with U S WEST facilities and to provide customers with increased choices
among local telecommunications services.
Radio Paging and U S WEST 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 2nd day of March, 1999.
--~
Peter tier
Senior Attorney
U S WEST Law Department
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
and
JOINT REQUEST OF ROBERT F. RYDER
DBA RADIO PAGING SERVICE AND
U S WEST FOR
APPROV AL OF AGREEMENT - 2-
US WEST, Inc.
1600 7th Ave., Suite 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
JOINT REQUEST OF ROBERT F. RYDER
DBA RADIO PAGING SERVICE AND
U S WEST FOR
APPROV AL OF AGREEMENT - 3-
/s/ Telephonic Approval
Robert F. Ryder
Owner
Robert F. Ryder dba Radio Paging Service
506 S. 5th Street
Boise, Idaho 83702
[phone]
US WEST, Inc.
1600 7th Ave., Suite 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
l-t S L0-l- '19-S-
TYPE 1 PAGING CONNECTION
AGREEMENT
BETWEEN
U S WEST Communications , Inc.
AND
Robert F. Ryder
a. Radio Paging Service
AGREEMENT NUMBER
CDS-990108-0131
TABLE OF CONTENTS
1. RECITALS............... ........ .......... ............................ ................. ............ ................. ........ 1
2. SCOPE OF AGREEMENT ..........................................................................................
3. DEFINITIONS ..... ............. .........
............................ ........ ............. ....................... ...........
4. RATE ELEMENTS FOR DELIVERY OF THIRD PARTY TRAFFIC ............................
5. SERVICE IMPAIRMENT. ...........
.......................... .......... ............ ............. ........... .........
6. COLLOCATION ....... ............
.................... .................. ............ ............ .......... ........ .......
7. U S WEST DEX ISSUES .............. ............................ ............. .......... ............ ........ ........ 9
8. MISCELLANEOUS TERMS .....
..................... ........ .............. ............... .......... ...... .........
1. General Provisions .............................................................................................
2. Term of Agreement .............................................................................................
3. Taxes........ ................. ............ .............................. ................... ...... ...................... 10
4. Force Majeure....... ........... ............. ................. ................. ................ .............. ..... 1
5. Limitation of Liability ............. ........... ...................... ................. .......... ............... 10
6. Indemnity...... ...........
........... .............................. ..................... ..... ....... ................
7. Intellectual Property ..
................................ .................... ............. ........
...... ........ 12
8. Warranties
................. ................................. ................... ............... ........
..... ........ 13
9. Assignment ............... ......................... ......... ........................ ........ ........ .............. 13
10. Defau It...... .............. ............. ............. ......... ................................ ........ ............... 13
11. Disclaimer of Agency .....................................................................................
12. Severability.. ................... ......................................................... .................. ...... 14
13. Nondisclosu re
........... ................ ......... ..................................... ........ ..........
...... 14
14. Survival...... ............. .................................................................. ................. ...... 15
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TABLE OF CONTENTS
15. Dispute Resolution
.................. ................. ..........
........................ .................... 16
16. Controlling Law..................
............. ............ ...................
........................ ......... 16
17. Joint Work Prod uct .................... .............. ........ ........ ................ ................ ....... 16
18. Responsibility for Environmental Contamination ........................................
19. Notices .............................. ...............
............. ....... ......................... ...................
20. Responsibility of Each Party ..........................................................................
21. No Third Party Beneficiaries ..........................................................................
22. Referenced Documents ..................................................................................
23. Publicity and Advertising ...............................................................................
24. Amendment ......
......................... ....................... .......... .............. ........... ............
25. Executed in Counterparts ..............................................................................
26. Headings of No Force or Effect .....................................................................
27. Regulatory Approval............ .....
................ .......
...................... .......... ............... 18
28. Compliance........................... ..................
.......... .......... ............ .........
................ 19
29. Compliance with the Communications Assistance Law Enforcement Act of
1994 ("CALEA")........ ...... ........................ ............. ....................... ........ ......... ............. 19
30. Entire Agreement ............................................................................................
APPENDIX A-TYPE 1 PAGING CONNECTION -INITIAL POC FORECAST FORM ..
APPENDIX A-TYPE 1 PAGING CONNECTION - QUARTERLY POC FORECAST
FORM......... .................................................. ........... .................. .................. ..................
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TYPE 1 PAGING CONNECTION AGREEMENT
This Type 1 Paging Connection Agreement ("Agreement"), is between Robert F. Ryder
a. Radio Paging Service ("Paging Provider") and US WEST Communications, Inc.
USWC"), a Colorado corporation.
Paging Provider is licensed to provide paging services by the Federal Communications
Commission ("FCC"
).
Both USWC and Paging Provider are engaged in providing
telecommunications and other services and have agreed to connect their facilities to exchange
land-to-pager traffic.
WHEREAS this Agreement is intended to comply with the FCC Common Carrier
Bureau s December 30, 1997 letter interpreting certain Local Exchange Carrier (LEC) - paging
interconnection rules (the "Metzger Letter ) by setting forth the terms and conditions under
which USWC shall provide Type 1 paging connection services to itself without charge to Paging
Provider. See Pleading Cycle Established for Comments on Requests for Clarification of the
Commission s Rules Regarding Interconnection Between LECs and Paging Carriers, OA 97-
1071 (reI. May , 1997); and
WHEREAS USWC strongly disagrees with the Metzger Letter interpretation of
interconnection rules and has asked the FCC to review the matter. (In the Matter of Requests
for Clarification of the Commission s Rules Regarding Interconnection Between LECs and
Paging Providers, CPO 97-January , 1998); and
WHEREAS Paging Provider believes that USWC must not, and should not have been
charging Paging Provider for transport and termination of traffic, in accordance with: (a)
Implementation of the Local Competition Provision in the Telecommunications Act of 1996, First
Report and Order, 11 FCC Rcd. 15, 499 (1996); (b) Section 251 of the Telecommunications Act
of 1996, 47 U.C. 8251; and (c) Section 20.11 of the FCC's rules, 47 C.R. 820., as well
as the Metzger Letter;
WHEREAS, Paging Provider takes issue with USWC's disagreement with the Metzger
Letter with respect to the terms of this Agreement;
WHEREAS without limiting other applicable provisions of this Agreement, this
Agreement shall be revised to comport with the decision , ruling or rules promulgated by the
FCC or any court, agency or legislature of competent authority to the extent that such decision
ruling, or rules depart from the reasoning or conclusions of the Metzger Letter.
NOW THEREFORE each Party covenants and agrees as follows:
RECITALS
The Parties enter into this Agreement without prejudice to any positions they
have taken previously, or may take in the future in any judicial , legislative
regulatory, or other public forum addressing any matters, including matters
related to the types of arrangements described in this Agreement.
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The Parties have agreed to certain provisions in this Agreement, based , in large
part, on the existing state of the law, rules, regulations and interpretations
thereof, as of the date hereof (the "Existing Rules ). To the extent that certain
the Existing Rules are changed and modified , and it reasonably appears that the
Parties would have negotiated and agreed to different term(s), conditions(s), or
covenant(s) than as contained herein had such change or modification been in
existence before execution hereof, then this Agreement shall be amended to
reflect such different term(s), condition(s), or covenant(s). Where the Parties fail
to agree upon such an amendment, it shall be resolved in accordance with the
Dispute Resolution provision of this Agreement.
SCOPE OF AGREEMENT
This Agreement covers Type 1 Paging Connection Service which consists only
of one-way, intraLATAlintrastate , final route , land-to-pager trunks , which deliver
calls to Paging Provider s POCo These trunks shall receive all incoming paging
calls at USWC's Wire Center/End Office serving the geographic area in which
Paging Provider s POC is located and shall deliver paging traffic to Paging
Provider s POC(s). This Agreement includes all accompanying appendices and
attachments.
Facilities for Delivery of Third Party Traffic
USWC will deliver calls it receives for Paging Provider from a
third party carrier to Paging Provider s POC over the same
facilities and trunks used to deliver USWC's End User
originated calls.
The Paging Provider will be charged a percent of standard
tariffs set as of January 1 , 1999, as provided in Section 20.
of the Southern Idaho Exchange and Network Services
Catalog, for Type 1 Service for that portion of the facilities
used to deliver third party traffic, provided that any tariff
revision initiated by USWC must be mutually agreed to by
both Parties before becoming effective as to this Agreement.
In the performance of their obligations under this Agreement, the Parties shall
act in good faith and consistently with the intent of the Act. Where notice
approval or similar action by a Party is permitted or required by any provision of
this Agreement, (including, without limit, the obligation of the Parties to further
negotiate the resolution of new or open issues under this Agreement) such
action shall not be unreasonably delayed, withheld or conditioned.
Paging Provider is not authorized and shall not attempt to place orders to any
telecommunications carrier for or on behalf of USWC. Paging Provider agrees to
pay USWC for all telecommunications services it orders or requests on its own
behalf from USWC pursuant to applicable federal and state tariffs or separate
written agreements.
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2.4 USWC will not permit its own End Users to use Type 1 Paging Connection
Service to deliver traffic to Paging Provider s Enhanced Services operations , if
any, where such Enhanced Services operations constitute Paging Provider
primary business. Paging Provider shall not assign DID numbers associated
with Type 1 Paging Connection Service to its Enhanced Services operation that
constitute its primary business.
This Agreement does not cover delivery of traffic from Paging Provider s network
to USWC's network. Should Paging Provider desire to deliver traffic to USWC
the Parties shall negotiate in good faith a separate agreement for two way traffic
exchange. However, such an agreement shall not supersede amend
terminate this Agreement without the Parties' express written instruction.
Delivery of Type 1 Paging Traffic
1. USWC's Type 1 Paging Connection Service delivers paging traffic to the
Paging Provider s POC(s) as identified in Appendix A.
2. Pursuant to joint planning as specified in the Forecasting section of this
Agreement, USWC alone shall determine all aspects and elements of the
Type 1 Paging Connection Service facilities that it provides itself
including, but not limited to, design , location, quantities, distance, etc.
USWC shall base this determination on the minimum requirements
specified by the Act, the FCC rules, as well technical and economic
efficiency considerations, e., network requirements. USWC shall
monitor its usage on Type 1 Paging Connection Service and will
reconfigure trunk groups as it deems necessary. USWC reserves the
right to review, revise or modify its Type 1 Paging Connection Service at
any time for any lawful business reason. All circuits and equipment
provided by USWC will always be wholly owned and operated by USWC.
USWC agrees to establish and maintain facilities based on appropriate
industry standards.
3. Paging Provider and USWC'equipment and systems will be
compatible , and will be consistent with normally accepted industry
standards as defined in Bellcore GR-145-CORE.
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 USWC is not able to complete calls because of
malfunction, USWC will provide proper voice announcement
or distinctive signals to the calling party advising that the call
cannot be completed.
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3.4
Paging Provider and USWC 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 USWC.
6.4 Type 1 Paging Connection Service shall be provided upon Commission
approval of this Agreement. Type 1 Paging Connection Service will be
built in accordance with the specifications set forth in Bellcore Technical
Reference GR-145-CORE entitled "Compatibility Information for
Interconnection of a Wireless Services Provider and a Local Exchange
Carrier Network"
6.4.
6.4.
Within a LATA, Paging Provider may designate multiple POCs
at which it wishes to receive paging traffic from USWC. Each
such POC shall receive traffic from the USWC Wire
Center/End Office serving the geographic area in which the
POC is located. Type 1 Paging Connection Service shall
never extend beyond the boundaries of the geographic area of
USWC's Wire Center/End Office serving Paging ProviderPOCo USWC 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.
For the purposes of this Agreement, subject to the provisions
of Section 2.1 above , the Type applicable elements
provided free from charge are channel, channel facility (if
digital), connectivity and dial outpulsing as defined in Section
Paging Provider may utilize DID numbers located in a USWC
Wire Center/End Office other than the USWC Wire
Center/End Office serving the geographic area of the Paging
Provider s POCo In such cases, Paging Provider must pay
USWC for Dedicated Transport pursuant to applicable USWC
tariff from the USWC Wire Center/End Office where the DI D
numbers reside to the USWC Wire Center/End Office serving
the Paging Provider s POCo If such service is digital, and
multiplexing is required , then Paging Provider must pay for
multiplexing charges pursuant to tariff. Such service is not
included in the Type 1 Paging Connection Service which
USWC provides itself and is beyond the scope of this
Agreement.
5. Any changes to systems, operations or services which would materially
affect the other Party s system , operation or services must
coordinated with the other Party by giving as much advance notice as is
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reasonable, and in no event in less than ninety (90) days, of the nature of
the changes and when they will occur.
6. If the authorized service areas of USWC or Paging Provider change, the
Parties agree to negotiate any necessary modifications to this Agreement
in good faith.
DEFINITIONS1. "Act" means the Communications Act of 1934 (47 U.C. ~ 151 et.seq.), as
amended by the Telecommunications Act of 1996, and as from time to time
interpreted in the duly authorized rules and regulations of the courts, FCC , or
competent state regulatory bodies.
3.4
Commission" means all state regulatory bodies with lawful jurisdiction over the
telecommunications services provided by Paging Provider and USWC under this
Agreement.
Direct Inward Dial (DID) Numbers" are single or blocks of numbers that reside in
the USWC End Office switch and are translated by USWC to permit calls from
the public switched telecommunications network to terminate to these numbers;
calls are then routed to the Type 1 Paging Connection Service trunks.
End Office" is a LEC switching system which is located within the local network
area and is used to terminate customer station loops for purposes of
interconnection to each other and to trunks.
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 communications, which employ computer processing
applications that act on the format, content, code, protocol or similar aspects of
the subscriber transmitted information; provide the subscriber additional
different or restructured information; or involve subscriber interaction with stored
information.
lnterLATA" is a term used to describe telecommunications functions originating
in one LATA and terminating in another.
lntraLATA" is a term used to describe telecommunications functions originating
and terminating in the same LATA.
Local Access and Transport Area (LATA)" denotes a geographic area
established for the provision and administration of a communications service. It
encompasses one or more designated exchanges, which are grouped to serve
common social , economic and other purposes.
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10. "Party" means either USWC or Paging Provider and "Parties" means USWC and
Paging Provider.
11. "Point of Connection" or "pac" is the connection point(s) between Paging
Provider and USWC; the technical interface(s), test point(s) and point(s) for
operational division of responsibility.
12. "Serving Wire Center" or "SWC" denotes the USWC office from which dial tone
for local exchange service should , absent special arrangements , be provided to
USWC End Users.
13. "Tariff' as used throughout this Agreement refers to USWC interstate and state
tariffs, price lists, price schedules , catalogs , and service agreements.
14. "Transit Traffic" is traffic that originates from one provider s network
, "
transits
USWC's network and is delivered to the Paging Provider s pac. The sending
and receiving party are not End Users of USWC, the tandem
telecommunications carrier.
15. "Type 1 Paging Connection Service" means service which consists only of those
one-way intraLATAlintrastate final route land-to-pager trunks , which deliver calls
from USWC's Public Switched Telecommunications Network (PSTN) to Paging
Provider s pac.
16. "Wire Center" denotes a building or space within a building, that serves as an
aggregation point on a given Paging Provider s network, where transmission
facilities are connected or switched. Wire Center can also denote a building
where one or more central offices , used for the provision of Basic Exchange
Telecommunications Services and access services, are located. A serving Wire
Center typically serves a specific geographic area.
Terms not otherwise defined here, but defined in the Act or in regulations implementing
the Act , shall have the meaning defined there.
RATE ELEMENTS FOR DELIVERY OF THIRD PARTY TRAFFIC
The Paging Provider will be billed standard Tariff rates for the portion of the
USWC facilities used to deliver third party traffic. The rates will be calculated as
follows: Multiply the Tariffed rate by 24.0 percent.
Applicable rate elements are listed following:
Channel (Network Access Channel - NAC). Connection from Paging
Provider s P~C to the Serving Wire Center.
Channel Facility (for digital service) - DS1 level. Twenty-four digital voice
grade channels can be transmitted over one DS1 facility. A full DS1 is
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4.4.
necessary for the addition of voice grade channels even if ordered in
increments of less than 24. The transmission rate is 1.544 Mbps.
Channel Facility (for digital service) - DS3 level. Twenty-eight DS1s
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 DS 1 s even if ordered in increments of less
than 28. The facility transmission rate is 44.736 Mbps.
2.4 Connectivity. The equipment at the USWC Wire Center which connects
the channel to USWC's switch.
Multiplexing. Multiplexing performed at the Serving Wire Center enables
a DS1 NAC to be connected to a DSO Dedicated Transport System.
DS3 system will be multiplexed down to a DS1 level in order to connect
with the digital switch.
Dial Outpulsing. The equipment at the End Office which transmits
the digits of the dialed number to the Paging Provider on land-to-pager
traffic.
Technical Requirements
Equipment Interface. It is the Paging Provider s responsibility to advise USWC
of the equipment interface to be used at Paging Provider s POCo The technical
requirements for the equipment interface must be selected from those specified
in Appendix A. Available equipment interfaces specified in Appendix A are
defined in Bellcore Reference Documents GR-145 - CORE & BR-795-403-100.
To the extent Paging Provider has pre-existing arrangements, Paging Provider
may continue to use the same interface at its P~C upon approval of this
Agreement as Paging Provider used on November 1 , 1998. Paging Provider will
notify USWC of any changes to its interface subsequent to the approval of this
Agreement.
Cooperative Testing
During installation, integrity testing, and ongoing maintenance activities , the
Parties will cooperate to ensure the integrity of the connection. USWC and
Paging Provider will each do such maintenance testing and inspection of their
own equipment as may be necessary.
Forecasting
1. Either Party shall , at the request of the other Party, participate in joint
planning sessions at quarterly intervals. The Paging Provider shall
complete a P~C Forecast Form - Type 1 Paging Connection (POC
Forecast form(s)) attached as Appendix A, for each P~C and for each
different equipment interface within each P~C. Although Paging Provider
is required to complete a p~c Forecast form(s), USWC will work with
Paging Provider to develop the forecasts to be provided on that form(s).
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In addition such forecasts are not deemed to be orders for or reservation
of USWC telecommunications services USWC may use Paging
Provider forecasts and any other sources of data which USWC
independently selects and obtains to help determine the design and
configuration of Type 1 Paging Connection Service. Information
included in the pac forecast form is for USWC's planning purposes only.
Paging Provider shall complete the first pac Forecast form(s) upon
execution of this Agreement. Thereafter, Paging Provider will complete
and send USWC updated pac Forecast form(s) quarterly. If USWC does
not receive an updated form with a new forecast each quarter, then
USWC will rely on the last form received.
2. Each Party shall submit to the other Party a description of anticipated
major network projects that could affect USWC; at a minimum, each
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: 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 pac Forecast form(s) as
appropriate.
SERVICE IMPAIRMENT1. 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 USWC'Intrastate Switched
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Access Tariff or state-specific pricing catalogue, as appropriate , for the period of
time from when the other Party s personnel are dispatched to the time 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.
5.4.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.
USWC's TRCO number is ( 800) 784-3414
Paging Provider s TRCO number is [phone]
This number shall give access to the location where facility records are normally
located and where current status reports on any trouble reports are readily
available.
Each Party shall use its best efforts to isolate a trouble condition(s) to the other
facilities before reporting trouble to the other Party.
COLLOCA TION
Should the Parties desire to collocate transmission equipment, through either physical or
virtual collocation, the Parties will enter into a separate collocation agreement.
U S WEST DEX ISSUES
USWC 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. USWC acknowledges that Paging Provider may request USWC to facilitate
discussions between Paging Provider and U S WEST Dex.
MISCELLANEOUS TERMS1. General Provisions
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.
2. Each Party is solely responsible for the services it provides to its End
Users and to other telecommunications carriers.
Term of Agreement
1. This Agreement shall become effective upon Commission approval
pursuant to Sections 251 and 252 of the Act, shall terminate on April 1
2001 , and shall be binding upon the Parties during that term
notwithstanding Section 252(i) of the Act. The Parties agree to
commence negotiations on a new agreement no later than 160 calendar
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days prior to the termination date specified above; provided that the
Paging Provider, consistent with Section 252(i) of the Act, may opt into a
then-existing, valid Type 1 paging connection agreement, in its entirety,
at the conclusion of the term of this Agreement. In the event that
negotiations are not concluded as of the termination date specified
above , the window of opportunity to file for arbitration to resolve
outstanding contractual issues in accordance with the Act, will open upon
the termination date specified above and this Agreement shall remain in
full force and effect until it is replaced by an approved arbitrated or
negotiated agreement.
This Agreement will terminate upon a revocation or other termination of
either Party 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.
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.
Force Majeure
Neither Party shall be liable for any delay or failure in performance of any part of
this Agreement from any cause beyond its control and without its fault or
negligence including, without limitation , acts of nature, acts of civil or military
authority, government regulations , embargoes , epidemics, terrorist acts , riots
insurrections , fires, explosions , earthquakes, nuclear accidents, floods , work
stoppages, labor disputes, strike, equipment failure, power blackouts, volcanic
action , other major environmental disturbances , unusually severe weather
conditions inability to secure products or services of other persons or
transportation facilities or acts or omissions of transportation carriers
(collectively, a "Force Majeure Event"). Network service failures associated with
year 2000 ("Y2K") computer programming errors or omissions, shall be treated
as force majeure if they are not reasonably within the control of USWC.
Limitation of Liability
1. Each Party shall be liable to the other for direct damages for any loss
defect or equipment failure resulting from the causing Party s conduct or
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the conduct of its agents or contractors in performing the obligations
contained in this Agreement.
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.
3. Neither Party shall be liable to the other under this Agreement for indirect
incidental, consequential, or special damages including (without
limitation) damages for lost profits , lost revenues , lost savings suffered by
the other Party regardless of the form of action, whether in contract
warranty, strict liability, tort, including (without limitation) negligence and
regardless of whether the Parties know the possibility that such damages
could result.
5.4. Nothing contained in this Section shall limit either Party liability to the
other for willful or intentional misconduct.
5. Nothing contained in this Section shall limit either Party s obligations of
indemnification as specified in the Indemnity Section of this Agreement.
Indemnity
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
and against and in respect of any loss , debt, liability, damage, obligation
claim, demand, judgment or settlement of any nature or kind , known or
unknown, liquidated or unliquidated including, but not limited to, costs and
attorneys' fees , 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 s performance, breach of Applicable Law , or status of its
employees, agents and subcontractors; or for failure to perform under
this Agreement, regardless of the form of action.
2. The indemnification provided herein shall be conditioned upon:1. The indemnified Party shall promptly notify the indemnifying
Party of any action taken against the indemnified Party
relating to the indemnification. Failure to so notify the
indemnifying Party shall not relieve the indemnifying Party of
any liability that the indemnifying Party might have, except to
the extent that such failure prejudices the indemnifying Party
ability to defend such claim.
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The indemnifying Party shall have sole authority to defend any
such action , including the selection of legal counsel, and the
indemnified Party may engage separate legal counsel only at
its sole cost and expense.
In no event shall the indemnifying Party settle or consent to
any judgment pertaining to any such action without the prior
written consent of the indemnified Party.
Intellectual Property
1. Paging Provider and USWC 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 s 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 USWC from truthfully
describing the network elements they use to provide service to their
customers.
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 may not use any patent, copyright, logo, trademark, tradename
trade secret or other intellectual property right of USWC or its affiliates
without execution of a separate agreement between the Parties. USWC
may not use any patent, copyright , logo, trademark, tradename, trade
secret or other intellectual property right of Paging Provider or its affiliates
without execution of a separate agreement between the Parties.
3. Paging Provider and USWC acknowledge the value of the marks
U S WEST"
, "
U S WEST Communications
, "
Radio Paging Service' and
RPS" (the "Marks ) and the goodwill associated therewith and
acknowledge that such goodwill is a property right belonging to
US WEST, Inc.USWC and Radio Paging Service 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 Owner s ownership of the Marks, and all
rights , if any, that may be acquired by use of the Marks shall inure to the
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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.
7.4. 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.
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.
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 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.
10. 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. 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.
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11. Disclaimer of Agency
Except for provisions herein, if any, expressly authorizing a Party to act for
another, nothing in this Agreement shall constitute a Party as a legal
representative or agent of the other Party, nor shall a Party have the right or
authority to assume, create or incur any 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.
12. Severability
In accordance with Section 1 of this Agreement, if one or more of the provisions
contained herein must be modified because of changes in Existing Rules or
modifications to arbitration proceedings , the Parties will negotiate in good faith
for replacement language. If replacement language cannot be agreed upon
either Party may seek regulatory intervention, including negotiations pursuant to
Sections 251 and 252 of the Act. In all other respects , the provisions of this
Agreement are not severable.
13. Nondisclosure
13.1. 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, and market data , (i) furnished by one Party to the
other Party dealing with customer specific, facility specific, or usage
specific information, other than customer information communicated for
the purpose of publication for directory database inclusion , or (ii) in
written , graphic, electromagnetic, or other tangible form and marked atthe 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.
13.2. Upon request by the disclosing Party, the receiving Party shall return all
tangible copies of Proprietary Information , whether written, graphic or
otherwise, except that the receiving Party may retain one copy for
archival purposes.
13.3. Each Party shall keep all of the other Party s Proprietary Information
confidential and shall use the other Party s Proprietary Information only in
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connection with 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.
13.4. Unless otherwise agreed, the obligations of confidentiality and non-use
set forth in this Agreement do not apply to such Proprietary Information
as:
13.4.1. was at the time of receipt already known to the receiving Party
free of any obligation to keep it confidential evidenced by
written records prepared prior to delivery by the disclosing
Party; or
13.4.2. is or becomes publicly known through no wrongful act of the
receiving Party; or
13.4.3. 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
13.4.4.is independently developed by an employee, agent, or
contractor of the receiving Party which individual is not
involved in any manner with the provision of services pursuant
to the Agreement and does not have any direct or indirect
access to the Proprietary Information; or
13.4.5. is disclosed to a third person by the disclosing Party without
similar restrictions on such third person s rights; or
13.4.6. is approved for release by written authorization of the
disclosing Party; or
13.4.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.
13.5. Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Proprietary Information provisions of this Agreement shall
apply to all information furnished by either Party to the other in
furtherance of the purpose of this Agreement, even if furnished before the
date of this Agreement.
14. Survival
The Parties' 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.
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15. 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 conducted by a single
arbitrator engaged in the practice of law with knowledge of federal and applicable
state telecommunications law, under the then current rules of the American
Arbitration Association ("AAA"). 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. The arbitrator s award shall be final and
binding and may be entered in any court having jurisdiction thereof. The
arbitrator shall determine whether the parties will each be responsible for their
own costs and attorneys' fees and half of the fees and expenses of the arbitrator
or how such payment responsibilities will be distributed between the parties. The
arbitration shall occur in Boise, Idaho. Nothing in this Section shall be construed
to waive or limit either Party s right to seek relief from the Commission or the
Federal Communications Commission as provided by state or federal law.
No Dispute, regardless of the form of action, arising out of this Agreement, may
be brought by either Party more than three (3) after the cause of action accrues.
16. 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.
17. Joint Work Product
This Agreement is the joint work product of the Parties and has been negotiated
by the Parties and their respective counsel and shall be fairly interpreted in
accordance with its terms and, in the event of any ambiguities, no inferences
shall be drawn against either Party.
18. 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.
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19. Notices
Any notices required by or concerning this Agreement shall be sent to the Parties
at the addresses shown below:
U S WEST Communications, Inc.
Director - Compliance
1801 California Street, Room 2410
Denver, CO 80202
Jim Jones & Associates
Jim Jones
1275 Shoreline
Boise , ID 83702
Phone: [phone]
Fax: [phone]
With a copy to:With a copy to:
U S WEST Law Department
Attention General Counsel
1801 California, Suite 5100
Denver, CO 80202
Phone: ~O~ 672-2700
Fax: [phone]
Blooston, Mordkofsky, Jackson & Dickens
Benjamin H. Dickens, Jr.
2120 L Street, NW - Suite 300
Washington , DC 20037
Phone: [phone]
Fax: [phone]
Each Party shall inform the other of any changes in the above addresses.
20. Responsibility of Each Party
Each Party is an independent contractor, and has and hereby retains the right to
exercise full control of and supervision over its own performance of its
obligations under this Agreement and retains full control over the employment
direction, compensation and discharge of all employees assisting in the
performance of such obligations. Each Party 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
obligations hereunder.
21. 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.
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22. 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 USWC 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, and will include the most recent
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, USWC 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.
23. Publicity and Advertising
Neither Party shall publish or use any advertising, sales promotions or other
publicity materials that use the other Party s logo , trademarks or service marks
without the prior written approval of the other Party.
24. Amendment
Paging Provider and USWC 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.
25. Executed in Counterparts
This Agreement may be executed in any number of counterparts , each of which
shall be deemed an original; but such counterparts shall together constitute one
and the same instrument.
26. 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.
27. 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 all times, be
subject to review by the Commission or the FCC. In the event any such review
rejects any portion of this Agreement, renders it inoperable or creates any
ambiguity of requirement for further amendment, the Parties agree to meet and
negotiate in good faith to arrive at a mutually acceptable modification.
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28. Compliance
Each Party shall comply with all applicable federal , state, and local laws, rules
and regulations applicable to its performance under this Agreement.
29. Compliance with the Communications Assistance for Law Enforcement Act
of 1994 ("CALEA"
Each Party represents and warrants that any equipment, facilities or services
provided to the other Party under this Agreement comply with CALEA. Each
Party shall indemnify and hold the other Party harmless from any and all
penalties imposed upon the other Party for such noncompliance and shall at the
non-compliant Party s sole cost and expense, modify or replace any equipment
facilities or services provided to the other Party under this Agreement to ensure
that such equipment, facilities and services fully comply with CALEA.
30. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and
supersedes all prior oral or written agreements, representations , statements
negotiations , understandings , proposals and undertakings with respect to the
subject matter hereof.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by
their respective duly authorized representatives.
Robert F. Rydera. ~ajP1
~/;
Signature
~J:"AX'T
~/~
Name (printed or typed)
U~~/2-
Title
~ //6/5'7
Date
athy Fleming
Name (printed or typed)
Executive Director - Interconnection
Title
2/ It /99
Date
Signature does not waive any rights of either Party to seek administrativeljudicial
review of all or part of the Agreement, or to reform the agreement as the result
successful administrative/judicial review and/or future settlement agreements between
the Parties to this Agreement.
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APPENDIX A - TYPE 1 PAGING CONNECTION - INITIAL POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST PER THE PAGING TRAFFIC SECTION OF THIS AGREEMENT
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):
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:
Paging Provider s Equipment Requirements (check appropriate line(s))Digital Analog
2-wire 4-wire
Trunk Pulsing
Multifrequency (MF)
Start Signaling
Wink
Outpulsing (4-10 digits)
Dial Pulse (DP Dual Tone Multifrequency (DTMF)
Immediate (IMM) Delayed Start
Network Channel Interface - Analog
Reverse Battery - 600 ohms
Reverse Battery - 900 ohms
loop Start
E & M Signaling - Type I
E & M Signaling - Type II
Network Channel Interface - Digital:
DS3
DS1 AMI + SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
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APPENDIX A - TYPE 1 PAGING CONNECTION - INITIAL 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 the Paging
Traffic Section of the Agreement
Mail completed form to:USWC
Type 1 Provisioning Manger
250 Bell Plaza, Room 501
Salt lake City, UT 84111
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APPENDIX A - TYPE 1 PAGING CONNECTION - QUARTERLY POC FORECAST FORM
-- THIS IS NOT AN ORDER FORM --
THIS IS A THREE YEAR FORECAST PER THE PAGING TRAFFIC SECTION OF THIS AGREEMENT
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):
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:
Paging Provider s EQuipment ReQuirements (check appropriate line(s))Digital Analog
2-wire 4-wire
Trunk Pulsing
Multifrequency (MF)
Start Signaling
Wink
Outpulsing (4-10 digits)
Dial Pulse (DP Dual Tone Multifrequency (DTMF)
Immediate (IMM) Delayed Start
Network Channel Interface - Analog
Reverse Battery - 600 ohms
Reverse Battery - 900 ohms
loop Start
E & M Signaling - Type I
E & M Signaling - Type II
Network Channel Interface - Digital:
DS3
DS1 AMI + SF
DS1 AMI + ANSI ESF
DS1 AMI + non-ANSI ESF
DS1 B8ZS + SF
DS1 B8ZS + ANSI ESF
DS1 B8ZS + non-ANSI ESF
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APPENDIX A - TYPE 1 PAGING CONNECTION - 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
the Paging Traffic Section of the Agreement
Mail completed form to:USWC
Type 1 Provisioning Manger
250 Bell Plaza, Room 501
Salt lake City, UT 84111
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