20031210Application.pdf

Peter J. Butler
Senior Attorney
U S WEST Law Department
1600 7th Avenue, Suite 3206
Seattle, Washington 98191
[phone]
Joseph B. McNeal
Owner
Joseph B. McNeal d.a. Page Data
PO Box 15509
Boise, ID 83715
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF U S WEST
COMMUNICATIONS, INC., and JOSEPH B.
MCNEAL d.a. PAGE DATA FOR
APPROV AL OF AGREEMENT FOR TYPE 1 )
PAGING PURSUANT TO 47 U.C. ~252
CASE NO. LlSw To 9q
U S WEST Communications, Inc. ("U S WEST") and Joseph B. McNeal d.a. Page Data
Page Data ) hereby jointly file this Application for Approval of an Agreement for Type 1 Paging
between US WEST and Page Data, dated June 21 , 1999 (the "Agreement ), for the purpose of
connecting facilities and exchanging traffic between Page Data and U S WEST in Idaho. A copy
of 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"
Section 252(e)(2) ofthe Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that:
JOINT REQUEST OF PAGE DATA
AND U S WEST FOR
APPROVAL OF AGREEMENT - 1-
US WEST, Inc.
1600 7th Ave., Suite 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
(1) the agreel . (or portion thereof) discriminates ag,- . 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.
Page Data and U S WEST respectfully submit that the Agreement provides no basis for
either ofthese 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 ofIdaho , the Commission, the United States Congress, and the
Federal Communications Commission. Expeditious approval ofthe Agreement will enable Page
Data to continue to interconnect with U S WEST facilities and to provide customers with
increased choices among local telecommunications services.
Page Data 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 8th day of July, 1999.
Senior Attorney
U S WEST Law Department
1600 7th Avenue, Suite 3206
Seattle, Washington 98191
[phone]
Attorney for U S WEST Communications
and
JOINT REQUEST OF PAGE DATA
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 PAGE DATA
AND U S WEST FOR
APPROV AL OF AGREEMENT - 3-
Isl T~~val
Joseph B. McNeal
Owner
Joseph B. McNeal d.a. Page Data
PO Box 15509
Boise, ID 83715
US WEST, Inc.
1600 7th Ave., Suite 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
CERTIFICATE OF SERVi
I hereby certify that on this day of -:s-v\~' 199.=1, I served the foregoing JOINT
APPLICATION OF U S WEST COMMUNICATIONS, INC. and JOSEPH B. MCNEAL d.
PAGE DATA for APPROV AL OF AGREEMENT FOR TYPE 1 PAGING upon all parties of
record in this matter by mailing a copy thereof properly addressed, with postage prepaid as
follows:
Ms. Myrna 1. 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
Joseph B. McNeal
Owner
Joseph B. McNeal d.a. Page Data
PO Box 15509
Boise, ID 83715
JOINT REQUEST OF PAGE DATA
AND U S WEST FOR
APPROVAL OF AGREEMENT - 4-
x!Jj.(JYJ
Lisa D. Daugherty
Administrative Assistant
U S WEST Communications, Inc.
US WEST, Inc.
1600 7th Ave., Suite 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
ORIGINAL
TYPE 1 PAGING
AGREEMENT
BETWEEN
US WEST Communications, Inc.
AND
Joseph B. McNeal d.a. Page Data
Agreement Number
CDS-990518-0085
Idaho
10.
TABLE OF CONTENTS
RECITALS.................................................................................................................
SCOPE OF AGREEMENT ........................................................................................
DEFI N ITIONS ..
......................... .......... ...... ....... ...... ................................... .........
;....... 2
P AG I NG TRAFFIC ............. ............. .............. ...... ....... ...................... ....... .................. 5
Scope..................................................................................................................
Types of Traffic................. ......... ..............
...... ........... ........................... ..............
Types of Exchanged Traffic .............................................................................. 6
Rate Structure........ ................
....... ....... ....... ...... ...................................... ...........
Bi II i ng Parameters........ ................... ............... ........................ .................. ......... 7
Miscellaneous Charges
.......... ........ ........ ....... ............................ ............... .........
Type 1 Service Interface Code Availability And Optional Features .............. 8
T esti ng
........................ ............ ....... ........ ...... ............... ............................. ...........
Ordering.... ........................
........... ...... ....... ........................ ......................... ........
Mileage Measurement ............ ...... ................ .................. ............ ............ ........ 9
TYPE 1 SERVICE FROM USWC'S END OFFICE SWITCH ...................................
Network Access Channel................................................................................
Mid-Span Meet POI..........................................................................................
Collocation .............................
....... ................. ...................
..................... .......... 10
Quality of Interconnection ..............................................................................1 0
Poi nts of nterface (POI)........
........ ........
.................... ...................... ........ ........ 10
Trunking Requirements .................................................................................
Forecasting .............. ................. ....... .................... ............. .................. ............ 11
Service Interruptions.
............... ....... .........
...................... ................................ 11
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TABLE OF CONTENTS
COLLOCATION.. ............. ............. ...................
................... .......... ..........................
UNBUNDLED ACCESS/ELEMENT ........................................................................
ACCESS TO TELEPHONE NUMBERS.................................................................. 13
Number Resources Arrangements. ...............................................................
U S WEST DEX ISSUES.. ........ ........
...... ..............
...................... .............. ........ ....... 13
10.ACCESS TO DATABASES .................................................................................
11.NOTICE OF CHANGES .......................................................................................
12.REFERRAL ANNOUNCEMENT ..........................................................................
13.BONA FIDE REQUEST
......................................................................................
14.AUDIT PROCESS...... ................. ....... ............... ....... ................... ................... ...... 15
15.CONSTRUCTION CHARGES.... ...... ............. ................................ ....................... 16
16.SERVICE STANDARDS ......................................................................................
17.MISCELLAN EOUS TERMS ...... ....... .................... .............. ................... ........ ..... 19
17.General Provisions.....
........ .......
................. ................ ..................... ........ ..... 19
17.Term of Agreement.......................................................................................
17.Payment.........................................................................................................
17.Taxes ............................................................................................................ 21
17.Force Majeure............ .......
........ ......................................... ...........................
17.Limitation of Liability ........ ........ ....................... ................... ............... ........... 21
17.ndemn ity ............... ............ ........ ...................... ......... ................................ ..... 22
17.Intellectual Property .....................................................................................
17.Warranties.
..................... ......... ........................ ..............................................
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TABLE OF CONTENTS
17.10. Assignment...
........ ....... ..... .............. ..... ........... ....... ......... .........
................ ..... 24
17.11. Defa u It ........................................................................................................... 24
17.12. Disclaimer of Agency................................................................................... 25
17.13. Severability ........
...... ...... ............
................ ........ ............ ............ ............ ....... 25
17.14. Nondisclosure ........ ............. ................... ........... ......... .......... ............ ............. 25
17.15. Su rvival........ ......... ......
...... .............. .............. .......... .........
.................... .......... 26
17.16. Dispute Resolution
...... ........
.................... ........ .............. ............ ............ ....... 27
17.17. Controll i ng Law.. ...... ...................... .............. .......... .......... ................ .............
17.18. Joint Work Product......
........ .................... .......... .............. .................. ...........
17.19. Responsibility for Environmental Contamination ..................................... 27
17.20. Notices ............
.......... ................... ................ .............. .......... ........ ......... .........
17.21. Responsibility of Each Party ....................................................................... 28
17.22. No Third Party Beneficiaries........................................................................
17.23. Referenced Documents................................................................................
17.24. Publicity and Advertising .............................................................................
17.25. Amendment........ .......
...... ....................... ............... ............ ......... ......... ..........
17.26. Executed in Counterparts ............................................................................
17.27. Headings of No Force or Effect ...................................................................
17.28. Cancellation Charges ................................................................................... 29
17.29. Regulatory Approval ....................................................................................
17.30. Compliance.
.............. ...... .......................... ..................... ............. ....... ...........
17.31. Compliance with the Communications Law Enforcement Act of 1994
CALEA"
) ....... ................. ....... ......................... .................. .......................................
17.32 Cooperation......... .......
.......................... ...................... ................... ...... .....
...... 30
17.33. Entire Agreement...... ............................ .................. ................... ........... ........ 30
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III
TYPE 1 PAGING AGREEMENT
This Type 1 Paging Agreement, is between Joseph B. McNeal d.a. Page Data
Paging Provider ) a proprietorship, and U S 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 and
exchange traffic; therefore, each party covenants and agrees as follows:
RECITALS1. The Parties enter into this Agreement without prejudice to any positions they
have taken previously, or may take in the future in any legislative, regulatory, or
other public forum addressing any matters , including matters related to the types
of arrangements prescribed by this Agreement. It will be submitted to the Idaho
Public Utilities Commission.
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 AGREEMENT1. Unless otherwise provided in this Agreement, the Parties will perform all of their
obligations hereunder, to the extent provided in the Appendices attached hereto.
The Agreement includes all accompanying appendices.
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
this Agreement, (including, without limitation, the obligation of the Parties to
further negotiate the resolution of new or open issues under this Agreement)
such action shall not be unreasonably delayed, withheld or conditioned.
Interchange of Type 1 Traffic
1. USWC will originate and terminate paging traffic and deliver it to the
Paging Provider s facility in the service area(s) set forth in Appendix C as
herein provided.
This Agreement is for Type 1 traffic interchange for licensed, narrow-
band radio carriers only. All other interconnections are covered by
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separate contract or tariff. Specifically, Paging Provider agrees that
enhanced services, shall not be offered to Paging Provider patrons on a
stand-alone basis over a Type 1 arrangement.
3. Initial or additional Connecting Circuits will be provided by USWC , at
Paging Provider s request, under the terms and conditions set forth in this
Agreement. All circuits and equipment provided by USWC will always be
wholly owned and operated by USWC.
3.4. Paging Provider and USWC'equipment and systems will be
compatible, and will be consistent with normally accepted industry
standards.
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.
3.4.When USWC is not able to complete calls because
malfunction USWC will provide proper voice
announcement or distinctive signals to the calling party
advising that the call cannot be completed.
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.
5. This Agreement is only for the delivery interchange of traffic between the
parties' systems , and is not an undertaking by either party to provide the
services of the other.
6. Any proposed post-installation changes of systems, operations or
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 feasible , but in no event less than ninety (90) days
advance notice of the nature of the changes and when they will occur.
7. 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 Telecommuniqations 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.
Central Office Switch" means a switch used to provide telecommunications
services and includes end office switches and tandem office switches.
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3.4.
Collocation" means an arrangement whereby one Party (the "Collocating
Party ) facilities are terminated in its equipment necessary for Interconnection or
for access to Network Elements on an unbundled basis which has been installed
and maintained at the premises of a second Party (the "Housing Party
Collocation may be "physical" or "virtual"In "Physical Collocation " the
Collocating Party installs and maintains its own equipment in the Housing Party
premises. In "Virtual Collocation " the Housing Party installs and maintains the
Collocating Party s equipment in the Housing Party s premises.
Commission" means all state regulatory bodies with lawful jurisdiction over
telecommunications.
Connecting Circuit" means the equipment and system designed for terminating
Paging Provider s calls from USWC's network.
Digital Signal Level" means one of several transmission rates in the time
division multiplexing hierarchy.
Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level signal in the
time-division multiplex hierarchy. In the time-division multiplexing hierarchy
the telephone network, DS1 is the initial level of multiplexing.
Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level in the
time-division multiplex hierarchy. In the time-division multiplexing hierarchy
the telephone network, DS3 is defined as the third level of multiplexing.
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
the subscriber transmitted information; provide the subscriber additional
different or restructured information; or involve subscriber interaction with stored
information.
10. "Extended Area Service (EAS)/Local Traffic means traffic that is originated by a
subscriber of one Party and terminated to a subscriber of the other Party as
defined in accordance with USWC's then current EAS/local serving areas, as
determined by the Commission.
11. "Interexchange Carrier" or "IXC" means a carrier that provides , directly or
indirectly, interLATA or intraLATA Telephone Toll Services.
12. "lnterLATA" is a term used to describe telecommunications functions originating
in one LATA and terminating in another.
13. "lntraLATA" is a term used to describe telecommunications functions originating
and terminating in the same LATA.
14. "Local Access and Transport Area (LATA)" denotes a geographic area
established for the provision and administration of a communications service. It
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encompasses one or more designated exchanges, which are grouped to serve
common social, economic and other purposes.
15. "Local Calling Area (LCA)" is a geographic area, including Extended Area
Service (EAS) areas, defined in USWC'Local and/or General Exchange
Service tariff in which an end user (Telephone Exchange Service Subscriber)
may complete a call without incurring Message Telecommunication Service
(MTS) charges.
16. "North American Numbering Plan" or "NANP" means the numbering plan used in
the United States that also serves Canada, Bermuda, Puerto Rico and certain
Caribbean Islands. The NANP format is a 10-digit number that consists of
digit NPA code (commonly referred to as the area code), followed by a 3-digit
NXX code and 4-digit line number.
17. "NXX" means the fourth, fifth and sixth digits of a ten-digit telephone number.
18. "Paging Terminal" is Paging Provider s equipment that receives a terminated
paging call.
19. "Party" means either USWC or Paging Provider and "Parties" means USWC and
Paging Provider.
20. "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.
21. "Serving Wire Center (SWC) denotes the USWC office from which dial tone for
local exchange service would, absent special arrangements such as FX (Foreign
Exchange) or FCO (Foreign Central Office) service, be provided to Paging
Provider.
22. "Switched Access Traffic or InterLATA Toll Traffic" as specifically defined in
USWC's state and interstate switched access tariffs , enters the USWC network
at the IXC point of presence, and terminates to the Paging Provider s Paging
Terminal. See Transit Traffic definition below.
23. "Tariff" as used throughout this Agreement refers to USWC interstate tariffs and
state tariffs, price lists, price schedules and catalog.
24. "Traffic Type" is the characterization of traffic as "local" (local includes EAS),
toll", traffic outside of the incumbent local exchange carrier s local calling area
established by the applicable tariffs, or transit traffic as defined below.
25. "Transit Traffic" is traffic that originates from one provider s network
, "
transits
USWC's network and terminates to the paging provider s DID number. Neither
the originating nor terminating subscriber is a customer of the tandem
telecommunications carrier, USWC.
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26. "Trunk Group" is a set of trunks of common routing origin and destination and
which serve a like purpose or function.
27. "V and H Coordinate" means vertical and horizontal geographical cross points on
a map used to determine distance.
28. "Wireless Service Request" or "WSR" means the standard forms and supporting
documentation used for ordering Wireless Services. The WSR will be used to
order trunking and facilities between Paging Provider and USWC for Service.
Terms not otherwise defined here, but defined in the Act or in regulations
implementing the Act, shall have the meaning defined there.
PAGING TRAFFIC1. Scope
1. Traffic covered by this Agreement is for Type 1 narrow band paging
service only. Other services are covered by separate contract, tariff or
price lists.
2. Type 1 Service is a one-way intra LATA/intrastate final route trunk group
between USWC's end office switch and a Paging Provider s Point
Connection (paC).
USWC provides the following: the transmission medium;
signaling and supervision. Maintenance and restoral are
provided as detailed in the applicable sections of the statetariffs. Restoral is subject to the terms of the
Telecommunications Service Priority System (TSP) for
National Security and Emergency Preparedness
Telecommunication (FCC #1 , Section 10.1 D).
All Type 1 Services have the following features. Blocks
telephone numbers will be assigned to the Paging Provider
from an NXX assigned to the USWC switch which is the
Dial Tone End Office for the Paging Provider s Paging
Terminal location. This will usually be the Serving Wire
Center (SWC). In the event sufficient numbers are not
available to meet the Paging Provider s three year forecast
a new NXX, if practicable , will be assigned to the Dial Tone
Office from which numbers will be allocated. All numbers
are assigned and administered by USWC. The Paging
Provider performs subadministration (assigning specific
numbers to individual subscribers).
Reservation and implementation of numbers will be
reserved individually or in blocks of 20 or 100.
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Types of Traffic
The types of traffic to be exchanged under this Agreement include:
1. EAS/local and toll traffic, as defined above.
2. Switched access traffic or interLATA toll traffic, as defined above.
3. Transit traffic, as defined above.
Types of Exchanged Traffic
1. Transport and Termination of Local Traffic.
Local traffic will be transported and terminated as Type 1 Paging Service.
2. Transit Traffic.
USWC will provide this transit service through local and access tandem
switches for CLECs, exchange carriers, and Interexchange Carriers.
3. Toll Traffic.
Toll traffic is the completion of calls outside of the incumbent local
exchange carrier s local calling area established by the applicable tariffs.
Rate Structure
4.4.1. Connection from Serving Wire Center
Applicable rate elements for digital service include channel and channel
facility, connectivity and dial outpulsing. Applicable rate elements for
analog service include channel , connectivity and dial outpulsing. See
Billing Parameters, Section 4., for further definitions. Applicable rates
are listed in Appendix A. The digital option is available only where USWC
facilities exist, or where the Paging Provider agrees to pay Special
Construction to build necessary facilities.
4.4.2. Connection to Foreign Dial Tone Office
4.4.Dedicated Transport
Applicable rate elements include dedicated transport and
channel performance. When the Serving Wire Center is
not the Dial Tone Office, Dedicated Transport is the
transmission path for the switched traffic from USWC'
Foreign Central Office to USWC's Serving Wire Center.
Non-recurring and monthly charges apply. All rates are
listed in Appendix A. The digital option is available only
where USWC facilities exist, or where the Paging Provider
agrees to pay Special Construction to build necessary
facilities.
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4.4.Multiplexing
Multiplexing options are available at rates listed in
Appendix A.
Billing Parameters
1. Channel (Network Access Channel - NAC). Connection from USWC'
Serving Wire Center to Paging Provider s Paging Terminal. Non-
recurring charges and monthly rates apply to two-wire analog and four-
wire analog. Non-recurring charges apply to four-wire digital. Monthly
charges do not apply to four-wire digital.
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. Non-
recurring charges and monthly rates apply.
3. 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 Mpbs. Non-recurring
charges and monthly rates apply.
5.4. Channel Performance. Conditioning to extend signaling on a two-wire
and four-wire analog channel when the Serving Wire Center is not the
Dial Tone Office. Monthly rates apply.
5. Dedicated Transport. When the Serving Wire Center is not the Dial Tone
Office, Dedicated Transport is the transmission path for the switched
traffic from USWC's Foreign Central Office to USWC's Serving Wire
Center. The dedicated transport rates are set forth in Appendix A.
Dedicated transport has non-recurring charges and monthly charges on a
fixed basis, and monthly charges on a per mile basis.
6. 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. Non-recurring charges for multiplexing are incurred
only when the multiplexing element is installed subsequent to the
installation of the NAC.
7. Number Activation. The act of translating telephone numbers in the dial
tone office to allow routing to the appropriate trunk group. Non-recurring
charges will apply.
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8. Number Reservation. The assigning of sequential numbers to a Paging
Provider without activation of the assigned numbers. Non-recurring
charges will apply.
Miscellaneous Charges
The following charges/procedures found in Section 2, 5, or 12 of the State
Access Tariff are applicable to Paging Provider:
Due Date Change
Design Change Charge
Additional Engineering
Overtime Installation
Additional labor Standby
Additional labor Testing and Maintenance
Maintenance of Service
Additional Cooperative Testing
Automatic Scheduled Testing
Cooperative Scheduled Testing
Manual Scheduled Testing
Nonscheduled Testing
Nonscheduled Cooperative Testing
Nonscheduled Manual Testing
Credit Allowance for Service Interruption (Switch Access)
Deposits, Advance Payments
Cancellation of Service Order, Cancellation after 30 days
Expedited Order Charge
late Payment Charge
Type 1 Service Interface Code Availability And Optional Features
1. Interface Code Availability.
Supervisory Signaling specifications, and the applicable network channel
interface codes for Type 1 Service trunks, are the same as those defined
in Bellcore Reference Documents GR 145 - CORE & BR-795-403-100.
All channel configurations may be ordered with Multifrequency (MF),
Dual Tone Multifrequency (DTMF), or Dial Pulse (DP) Signaling, subject
to availability and technical limitations.
Testing
1. Acceptance Testing
When service is installed , Paging Provider will have thirty (30) days to
satisfy itself of proper connection. Any USWC problems or deficiencies
occurring within the thirty (30) day period will be promptly corrected by
USWC at no additional cost to Paging Provider if USWC is promptly
notified of the problem. After all problems of which USWC has been
given timely notice have been corrected , the connection will be deemed
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accepted by Paging Provider. After Acceptance, each party is subject to
the applicable provisions of Section 4.
USWC and Paging Provider will each do such maintenance testing and
inspection of their own systems as may be necessary.
Ordering
1. A POC Form , consistent with the sample form attached as Appendix C
will be completed for each POC covered under this Agreement. Although
not attached to this Agreement, all POC Forms shall be considered a part
of this Agreement and are hereby incorporated by reference.
2. When ordering Type 1 Service, the ordering Party shall specify on the
service order: 1) the type and number of channel facilities to terminate at
the Serving Wire Center with CLLI code; 2) the dedicated trunk transport;
and 3) the number of trunks to be provisioned at a local exchange office.
When the ordering Party requests facilities or routing different than those
determined to be available, the Parties will work cooperatively in
determining an acceptable configuration , based on available facilities
equipment and routing plans. Bellcore document GR-145 - Core
Compatibility Information for Interconnection of a Wireless Services
Provider and a Local Exchange Carrier Network, addresses blocking
requirements.
3. When the ordering Party initially orders a DS3 channel facility, the
provider will forward the appropriate DS 1 facility record information
necessary to identify the circuit facility assignment (CFA). On
subsequent orders utilizing existing DS3 facilities, or DS3 dedicated
transport facilities, the provider will assign the DS 1 facility to the DS3
channel facility or DS3 dedicated transport facility, as directed by the
ordering Party.
9.4. A joint planning meeting with USWC will precede a Paging Provider
issuance of new trunking orders.
5. Service intervals and due dates the initial establishment of trunking
arrangements at each location if Interconnection between the Parties will
be determined on an individual case basis.
Service intervals and due dates for the establishment of subsequent
trunking arrangements for Interconnection between the Parties, will be in
accordance with the guidelines of the Interstate Switched Access Tariff
10. Mileage Measurement
Where required , the mileage measurement for Type 1 dedicated transport is
measured from the V&H coordinates of the USWC Foreign Central Office to the
V&H of the USWC Serving Wire Center.
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TYPE 1 SERVICE FROM USWC'S END OFFICE SWITCH1. Network Access Channel
1. A NAC facility extends from the Serving Wire Center of USWC to the
Paging Provider s Paging Terminal location. NAC facilities may not
extend beyond the area served by USWC's Serving Wire Center. The
rates for NAC facilities are provided in Appendix A. The digital option for
interconnection is available only where technically feasible or where
Paging Provider agrees to pay Construction Charges to build necessary
facilities.
Mid-Span Meet POI
1. A Mid-Span Meet POI is a negotiated point of connection , limited to the
joining of facilities between USWC's switch and the Paging Provider
Paging Terminal. Mid-Span Meet POI 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 POI , if the meet point
arrangement is used exclusively for the exchange of local traffic.
2. If the Mid-Span Meet arrangement is to be used for access to unbundled
network elements, Paging Provider must pay the portion of the economic
costs of the Mid-Span Meet arrangement used by Paging Provider for
access to unbundled network elements.
Collocation
Interconnection may be accomplished through either virtual or physical
collocation for terms and conditions under which collocation will be available.
See Section 6. herein.
Quality of Interconnection
USWC will not, for the purpose of interconnection , provide to paging provider
facilities built to lessor standards than USWC provides itself or in a manner less
efficient than it would impose on itself. The quality of interconnection will be at
least equal to that of USWC.
Points of Interface (POI)
Upon the request for specific point to point routing, USWC will make available to
Paging Provider information indicating the location and technical characteristics
of USWC's network facilities. The following alternatives are negotiable: (1)
DS1 or DS3 NAC facility (2) Virtual Collocation; (3) Physical Collocation; and (4)
negotiated Mid-Span Meet facilities. Each Party is responsible for providing its
own facilities up to the Mid-Span Meet POI. The Parties will negotiate the
facilities arrangement between their networks.
Trunking Requirements
1. Type 1 Service should be ordered by the Paging Provider to provide
blocking levels in accordance with Bellcore document SR-OOO191.
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2. Channel Facilities can be analog or digital. Digital is available where
technically feasible.
Forecasting
1. The Parties agree that joint forecasting and planning meetings will take
place no less frequently than once per quarter.
2. The Paging Provider shall provide forecasting information concerning
facilities no less than once per quarter. The quarterly forecasts shall
include forecasted requirements for each channel facility identified in
Appendix B. The Parties recognize that, to the extent historical traffic
data can be shared between the Parties, the accuracy of the forecasts
will improve. Forecasts shall be for a minimum of three (current and plus-
1 and plus-2) years and shall include;
Common Language Location Identifier (CLLI-MSG), which
are described in Bellcore documents BR 795-100-100 and
BR 795-400-100;
A description of major network projects anticipated for the
following six months that could affect USWC . Majornetwork projects include trunking or network
rearrangements , shifts in anticipated traffic patterns, or
other activities that are reflected by a significant increase or
decrease in trunking demand for the following forecasting
period. This planning will include the issues of network
capacity, forecasting and compensation calculation , where
appropriate.
Service Interruptions.
1. 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 pursuant to this Agreement shall not:
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
2. 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
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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.
3. When Paging Provider reports trouble to USWC and no trouble is found
in USWC equipment , Paging Provider will be responsible for payment
service maintenance charges as specified in the Intrastate Switched
Access Tariff or state-specific pricing catalogue , as appropriate, for the
period of time from when USWC's personnel are dispatched to when
USWC work is completed. Failure of USWC's personnel to find trouble in
USWC's service will not result in a charge if the trouble is actually in that
service, but not discovered at that time. Conversely, if USWC reports
trouble to Paging Provider and no trouble is found in Paging Provider
equipment, USWC will be responsible for payment of service
maintenance charges for the period of time that (Paging Provider)'s
personnel are involved.
8.4. No out-of-service credit will apply for the interruption involved if the
service maintenance charge applies as a result of the trouble not being in
USWC's equipment, but is, in fact, a result of a failure in the equipment or
service of Paging Provider.
6. 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) for such
service.
7. Each Party shall furnish a trouble reporting telephone number for the
designated TRCO. 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.
8. Before either Party reports a trouble condition, it shall use its best efforts
to isolate the trouble to the other s facilities.
COLLOCATION
Should the Parties desire to establish a collocation relationship, through either physical
or virtual collocation, the Parties will enter into a separate Collocation Agreement.
UNBUNDLED ACCESS/ELEMENT
USWC shall provide nondiscriminatory access to , and where appropriate , development
of unbundled network elements pursuant to the Act in response to specific requests
therefore , pursuant to the New Interconnection/Unbundled Element Request Process
detailed in the Bona Fide Request Section of this Agreement.
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10.
11.
12.
13.
ACCESS TO TELEPHONE NUMBERS
Number Resources Arrangements.1. USWC will support all Paging Provider s requests related to number
assignments in the manner required and consistent with the Central
Office Code Assignment Guidelines.
2. The Parties will comply with code administration requirements as
prescribed by the Federal Communications Commission the
Commission, and accepted industry guidelines.
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.
ACCESS TO DATABASES
In accordance with Section 271 of the Act, USWC shall provide Paging Provider with
interfaces to access USWC's databases and associated signaling necessary. Except
where otherwise specified , access to such databases, and the appropriate interfaces
shall be requested by Paging Provider via a Bona Fide Request.
NOTICE OF CHANGES
If a Party makes a change in its network which it believes will materially affect the
operability of its network with the other Party, the Party making the change shall provide
advance notice of such change to the other Party in accordance with the applicable FCC
regulations. Such coordination will include, at a minimum , providing at least ninety (90)
days advance written notice of the nature of the changes and when the change will
occur.
If the licensed service areas of USWC or Paging Provider change, the Parties agree to
negotiate in good faith any necessary modifications to this Agreement.
REFERRAL ANNOUNCEMENT
Paging Provider will provide a voice intercept announcement or distinctive tones to the
calling party when a call is directed to a Paging Provider s number that is not assigned.
BONA FIDE REQUEST
13.Any request for Interconnection or access to an unbundled Network Element that
is not already available as described herein shall be treated as a Bona Fide
Request (BFR). USWC shall use the BFR Process to determine the terms and
timetable for providing the requested Interconnection or access to unbundled
Network Elements, if available, and the technical feasibility of new/different
points of Interconnection. USWC will administer the BFR Process in a non-
discriminatory manner.
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13.
13.
13.4
A BFR shall be submitted in writing and on the appropriate USWC form for
BFRs. The form will request, and Paging Provider will need to provide, at a
minimum: (a) a technical description of each requested Network Element or
new/different points of Interconnection; (b) the desired interface specification; (c)
each requested type of Interconnection or access; (d) a statement that the
Interconnection or Network Element will be used to provide a
telecommunications service; (e) the quantity requested; (f) the specific location
requested; (g) if the requested unbundled Network Element is a proprietary
element as specified in Section 251 (d)(2) of the Act, Paging Provider must
submit documentation that demonstrates that access to such Network Element is
necessary, that the failure to provide access to such Network Element would
impair the ability of Paging Provider to provide the services that it seeks to offer
and that Paging Provider s ability to compete would be significantly impaired or
thwarted without access to such requested proprietary element; and (h) if the
requested unbundled Network Element is a non-proprietary element as specified
in Section 251 (d)(2) of the Act, Paging Provider must submit documentation that
demonstrates that denial of access to such unbundled non-proprietary Network
Element would decrease the quality or increase the cost of the service sought to
be offered by Paging Provider.
Within 15 business days of its receipt, USWC shall acknowledge receipt of the
BFR and in such acknowledgment advise Paging Provider of missing
information, if any, necessary to process the BFR. Thereafter, USWC shall
promptly advise Paging Provider of the need for any additional information that
will facilitate the analysis of the BFR.
Within 30 calendar days of its receipt of the BFR and all information necessary to
process it, USWC shall provide to Paging Provider a preliminary analysis of the
BFR. The preliminary analysis shall specify USWC's conclusions as to whether
or not the requested Interconnection or access to an unbundled Network
Element complies with the unbundling requirements set forth above.
13.4.If USWC determines during the 30 day period that a BFR does not qualify
as a Network Element or Interconnection that is required to be provided
under the Act USWC shall advise Paging Provider as soon as
reasonably possible of that fact, and USWC shall promptly, but in no case
later than ten days after making such a determination , provide a written
report setting forth the basis for its conclusion.
13.4.2 If USWC determines during the thirty day period that the BFR qualifies
under the Act it shall notify Paging Provider in writing of such
determination within ten days.
13.4.3 As soon as feasible , but in any case within 90 days after USWC notifies
Paging Provider that the BFR qualifies under the Act USWC shall
provide to Paging Provider a BFR quote. The BFR quote will include, at a
minimum , a description of each Interconnection and Network Element
the quantity to be provided, any interface specifications , and the
applicable rates (recurring and nonrecurring) including the separately
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13.
13.
13.
14.
stated development costs and construction charges of the
Interconnection or the Network Elements and any minimum volume and
term commitments required.
If USWC has indicated minimum volume and term commitments , then within 30
days of its receipt of the BFR quote , Paging Provider must either agree to
purchase under those commitments, cancel its BFR, or seek mediation or
arbitration.
If Paging Provider has agreed to minimum volume and term commitments under
the preceding paragraph , Paging Provider may cancel the BFR or volume and
term commitment at any time , but in the event of such cancellation Paging
Provider will pay USWC's reasonable development costs incurred in providing
the Interconnection or Network Element, to the extent that those development
costs are not otherwise amortized.
If either Party believes that the other Party is not requesting, negotiating or
processing any BFR in good faith , or disputes a determination , or quoted price or
cost, it may seek arbitration pursuant to the Dispute Resolution provision of this
Agreement.
AUDIT PROCESS
14.1. "Audit" shall mean the comprehensive review of:
14.1. Data used in the billing process for services performed and facilities
provided under this Agreement; and
14.2. Data relevant to provisioning and maintenance for services performed or
facilities provided by either of the Parties for itself or others that are
similar to the services performed or facilities provided under this
Agreement for connection or access to unbundled elements.
14.2. The data referred to , above, shall be relevant to any performance standards that
are adopted in connection with this Agreement, through negotiation , arbitration or
otherwise.
This Audit shall take place under the following conditions:
14.1. Either Party may request to perform an Audit.
14.2. The Audit shall occur upon 30 business days written notice by the
requesting Party to the non-requesting Party.
14.3. The Audit shall occur during normal business hours.
14.2.4. There shall be no more than one Audit requested by each Party under
this Agreement in any 12-month period.
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14.5. The requesting Party may review the non-requesting Party s records
books and documents, as may reasonably contain information relevant to
the operation of this Agreement.
14.6. The location of the Audit shall be the location where the requested
records, books and documents are retained in the normal course
business.
14.7. All transactions under this Agreement which are over 24 months old will
be considered accepted and no longer subject to Audit.
14.8. Each Party shall bear its own expenses occasioned by the Audit
provided that the expense of any special data collection shall be born by
the requesting Party.
14.9. The Party requesting the Audit may request that an Audit be conducted
by a mutually agreed-to independent auditor. Under this circumstance
the costs of the independent auditor shall be paid for by the Party
requesting the Audit.
14.10. In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to
the selection of the independent auditor. Under this circumstance, the
costs of the independent auditor shall be shared equally by the Parties.
14.11. The Parties agree that if an Audit discloses error(s), the Party responsible
for the error(s) shall , in a timely manner, undertake corrective action for
such error(s).
14.3. All information received or reviewed by the requesting Party or the independent
auditor in connection with the Audit is to be considered Proprietary Information
as defined by this Agreement. The non-requesting Party reserves the right to
require any non-employee who is involved directly or indirectly in any Audit or the
resolution of its findings as described above to execute a nondisclosure
agreement satisfactory to the non-requesting Party. To the extent an Audit
involves access to information of other competitors , Paging Provider and USWC
will aggregate such competitors' data before release to the other Party, to insure
the protection of the proprietary nature of information of other competitors. To
the extent a competitor is an affiliate of the Party being audited (including itself
and its subsidiaries), the Parties shall be allowed to examine such affiliates
disaggregated data , as required by reasonable needs of the audit.
15.CONSTRUCTION CHARGES
15.All rates, charges and initial service periods specified in this Agreement
contemplate the provision of network Interconnection services and access to
Network Elements to the extent existing facilities are available. Except for
modifications to existing facilities necessary to accommodate Interconnection
and access to Network Elements specifically provided for in this Agreement
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15.
15.
15.4
15.
15.
16.
USWC will consider requests to build additional or further facilities for network
Interconnection and access to Network Elements as described in this Section.
Interconnection and Interoffice Transport
To the extent that USWC constructs facilities for Interconnection services and/or
interoffice transport, Paging Provider will provide USWC with a forecast
interoffice trunks and switch ports. USWC will perform a validated traffic
engineering estimate based on the forecasted demand and will then negotiate an
agreed upon quantity of interoffice trunks and switch ports with Paging Provider
before constructing facilities. If Paging Provider s forecasted quantity exceeds
USWC's validated traffic engineering estimate, and if USWC finds it necessary to
construct added facilities, then construction charges will apply to the exceeded
quantity. USWC will track utilization of trunks, and when minimum trunk
utilization requirements are not met, a recurring charge will apply for all unused
trunks below the minimum utilization level.
Unbundled Network Elements
USWC will conduct an individual financial assessment of any request which
requires construction of network capacity, facilities , or space for access to or use
of unbundled Network Elements. If USWC constructs to fulfill Paging Provider
request for unbundled Network Elements, USWC will bid this construction on a
case-by-case basis. USWC will charge for the construction through non-
recurring charges and a term agreement for the remaining recurring charge.
All necessary construction will be undertaken at the discretion of USWC
consistent with budgetary responsibilities , consideration for the impact on the
general body of end users, and without discrimination among the various
carriers.
A quote for Paging Provider s portion of a specific job will be provided to Paging
Provider. The quote will be in writing and will be binding for ninety (90) days
after the issue date. When accepted, Paging Provider will be billed the quoted
price and construction will commence after receipt of payment. If Paging
Provider chooses not to have USWC construct the facilities, USWC reserves the
right to bill Paging Provider for the expense incurred for producing the
engineered job design.
In the event a construction charge is applicable, Paging Provider s service
application date will become the date upon which USWC receives the required
payment.
SERVICE STANDARDS
16.USWC agrees to provide to Paging Provider the same level of service that
USWC provides to itself and/or its affiliates as determined by measuring and
comparing a statistically significant number of activities listed below.
16.1 For those services procured by Paging Provider and unless otherwise
noted below, USWC shall measure its results and those of its affiliates.
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Paging Provider agrees to measure its performance related to these
performance indicators in providing service to USWC.
16.2 In some instances, USWC may not provide the listed service to itself or
its affiliates. If USWC does not provide a statistically significant number
of a listed activity for itself or its affiliates, USWC will provide data which
will allow comparison between Paging Provider s performance results and
the average performance results of the same performance indicator for a
statistically significant number of total activities provided to all other
Paging Providers within the state in which the service was provided.
16.3 In no event shall percentage results be provided if the number
measured activities is less than a statistically significant universe of fewer
than sixty (60) activities during the time period of measurement.
16.1.4 The list of performance indicators to be measured are as follows:
Firm Order Confirmations within 48 hours (Switched) (Facilities in Place)
Average Installation Intervals Delivered (Switched) (Facilities in Place)
(Days and Hours)
Designed Installation Commitments Met (Switched) (Facilities in Place)
Paging Provider-caused Installation Misses
Designed Installation Reports (Repair Report After Installation) Within 30
Days (Switched Access)
Designed Percent Out of Service Cleared in c:: 4 hours (Switched)
Designed Repair Repeated Reports Within 30 Days (Switched)
Paging Provider-caused Trouble Reports
16.Failure to Meet the Service Standard. If during a specified review period, the
performing Party fails to deliver the same level of service that it provides to itself
such Party will use its best efforts to meet the service standard for the next
specified review period. If the performing Party fails to meet the service
standard for two consecutive periods, the Parties agree, in good faith , to attempt
to resolve such issues through negotiation or pursuant to the Dispute Resolution
Section of this Agreement. This paragraph shall not be construed to waive either
Party right to seek legal or regulatory intervention as provided by state or
federal law.
16.The performing Party s failure to meet the service standard cannot be as a
result, directly or indirectly, of a Delaying Event. A "Delaying Event" means (a) a
failure by the receiving Party to perform any of its obligations set forth in this
Agreement , (b) any delay, act or failure to act by an end user, agent or
subcontractor of the receiving Party or (c) any Force Majeure Event. If a
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Delaying Event prevents the performing Party from performing a measured
activity, then such measured activity shall be excluded from the calculation of the
performing Party s compliance with the service standard.
16.4 Records. Each Party shall maintain complete and accurate records , for the
specified review period of its performance under this Agreement for each
measured activity and its compliance with the service standard. Each Party shall
provide to the other such records in a self-reporting format. Such records shall
be in the format kept in the performing Party s ordinary course of business. The
Parties agree that such records shall be deemed "Proprietary Information
16.Cost Recovery. Each Party reserves the right to recover the costs associated
with the creation of the above reports and standards through a future proceeding
before a regulatory body. Such a proceeding may address a wide range
implementation costs not otherwise recovered through charges established
herein.
17.MISCELLANEOUS TERMS
17.1. General Provisions
17.1. 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
17.Neither Party shall use any service related to or use any of the
services provided in this Agreement in any manner that interferes
with other persons in the use of their service, prevents other
persons from using their service , or otherwise impairs the quality
of service to other carriers or to either Party s Customers , and
each Party may discontinue or refuse service if the other Party
violates this provision. Upon such violation , either Party shall
provide the other Party notice of such violation , if practicable , at
the earliest practicable time.
17.Each Party is solely responsible for the services it provides to its
Customers and to other telecommunications carriers.
17.2. Term of Agreement
17.1. This Agreement shall become effective upon Commission
approval, pursuant to Sections 251 and 252 of the Act, shall
terminate on September 30 , 2000, 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 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
interconnection 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
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17.
17.3. Payment
17.
17.
17.
17.3.4.
17.
contractual issues in accordance with the Act, will open upon the
termination date specified above.
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
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.
Amounts payable under this Agreement are due and payable
within thirty (30) days after the date of invoice. Billing and
collection of usage charges by Paging Provider from its customers
shall have no bearing on the amount or timeliness of Paging
Provider s payment obligation to USWC.
Unless otherwise specified in this Agreement, any amount due
and not paid by the due date stated above shall be subject to the
late payment factor of the Intrastate Access Service Tariffs
General Regulations for the state in which the Service is rendered.
Should Paging Provider dispute any portion of the monthly billing
under this Agreement, Paging Provider will notify USWC in writing
within thirty (30) days of the receipt of such billing, identifying the
amount and details of such dispute. Paging Provider shall pay all
amounts due, including amounts in dispute. Both Paging Provider
and USWC 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. Should the dispute be
found in Paging Provider s favor, USWC will reimburse Paging
Provider the resolved amount plus interest from the date
payment at the late payment factor of the Intrastate Access
Service Tariffs, General Regulations for the state in which the
service is rendered.
If Paging Provider is repeatedly delinquent in making its
payments, USWC 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 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 USWC in its sole discretion , or some
other form of mutually acceptable security.
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 Paging
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Provider s account or refunded , as appropriate, upon the earlier
the termination of this Agreement or one full year of timely
payments in full by Paging Provider. The fact that a deposit has
been made does not relieve Paging Provider from any
requirements of this Agreement.
17.4. Taxes
Each Party purchasing services hereunder 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 purchasing Party
(or the providing Party when such providing Party is permitted to pass along to
the purchasing Party such taxes , fees or surcharges), 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.
17.5. Force Majeure
Neither Party shall be liable for any delay or failure in performance of any part
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, 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"). In the
event of a labor dispute or strike the Parties agree to provide service to each
other at a level equivalent to the level they provide themselves.
17.6. Limitation of Liability
17.1. 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
the conduct of its agents or contractors in performing the obligations
contained in this Agreement.
17.2 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.
17.3. 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
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the other Party regardless of the form of action , whether in contract
warranty, strict liability, tort , including (without limitation) negligence
any kind and regardless of whether the Parties know the possibility that
such damages could result.
17.6.4. Nothing contained in this Section shall limit either Party s liability to the
other for willful or intentional misconduct.
17.5. Nothing contained in this Section shall limit either Party s obligations
indemnification as specified in the Indemnity Section of this Agreement.
17.7. Indemnity
17.1. 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
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.
17.2. The indemnification provided herein shall be conditioned upon:
17.1. The indemnified Party shall promptly notify the
indemnifying Party of any action taken against the indemnified
Party relating to the indemnification. Failure to so notify the
indemnifying Party shall not relieve the indemnifying Party of any
liability that the indemnifying Party might have, except to the
extent that such failure prejudices the indemnifying Party s ability
to defend such claim.
17.2. 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.
17.3. In no event shall the indemnifying Party settle or consent
to any judgment pertaining to any such action without the prior
written consent of the indemnified Party.
17.8. Intellectual Property
17.1. Each Party hereby grants to the other Party the limited, personal and
nonexclusive right and license to use its patents, copyrights and trade
secrets but only to the extent necessary to implement this Agreement or
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specifically required by the then applicable federal and state rules and
regulations relating to interconnection and access to telecommunications
facilities and services, and for no other purposes. Nothing in this
Agreement shall be construed as the grant to the other Party of any rights
or licenses to trademarks.
17.2. The rights and licenses. above are granted "AS IS" and the other Party
exercise of any such right and license shall be at the sole and exclusive
risk of the other Party. Neither Party shall have any obligation to defend
indemnify or hold harmless, or acquire any license or right for the benefit
or owe any other obligation or have any liability to, the other based on
or arising from any claim , demand, or proceeding (hereinafter "claim ) by
any third party alleging or asserting that the use of any circuit, apparatus
or system , or the use of any software , or the performance of any service
or method, or the provision of any facilities by either Party under this
Agreement constitutes infringement, or misuse or misappropriation of any
patent, copyright, trade secret, or any other proprietary or intellectual
property right of any third party.
17.3. Paging Provider shall not, without the express written permission
USWC, state or imply that; 1) Paging Provider is connected, or in any
way affiliated with USWC or its affiliates , 2) Paging Provider is part of
joint business association or any similar arrangement with USWC or its
affiliates 3) USWC and its affiliates are in any way sponsoring,
endorsing or certifying Paging Provider and its goods and services , or 4)
with respect to Paging Provider advertising or promotional activities or
materials, that Paging Provider is in any way associated with or
originated from USWC or any of its affiliates. Nothing in this paragraph
shall prevent Paging Provider from truthfully describing the network
elements it uses to provide service to its customers.
17.8.4. Except as expressly provided in this Intellectual Property Section
nothing in this Agreement shall be construed as the grant of a license
either express or implied, with respect to any patent, copyright, logo
trademark, 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.
17.5. Paging Provider acknowledges the value of the marks "U S WEST" and
U S WEST Communications" (the "Marks ) and the goodwill associated
therewith and acknowledges that such goodwill is a property right
belonging to U S WEST, Inc. and USWC respectively (the "Owners
Paging Provider recognizes that nothing contained in this Agreement is
intended as an assignment or grant to Paging Provider 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. Paging Provider will do nothing
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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 benefit
the Owners. Paging Provider 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
any rights in or the validity of the Marks.
17.6. 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.
17.9. 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.
17.10. 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.
17.11. 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
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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17.12.Disclaimer of Agency
Except for provisions herein expressly authorizing a Party to act for another
nothing in this Agreement shall constitute a Party as a legal representative or
agent of the other 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.
17.13. Severability
In accordance with Section 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.
17.14.Nondisclosure
17.14.1. 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 of directory database
inclusion , 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
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.
17.14.2. 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.
17.14.3. Each Party shall keep all of the other Party Proprietary
Information confidential and shall use the other Party Proprietary
Information only in connection with this Agreement. Neither Party shall
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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.
17.14.4. Unless otherwise agreed, the obligations of confidentiality and
non-use set forth in this Agreement do not apply to such Proprietary
Information as:
17.14.4.
17.14.4.
17.14.4.
17.14.4.4.
17.14.4.
17.14.4.
17.14.4.
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
is or becomes publicly known through no wrongful act
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 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
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
requirement to the disclosing Party to enable the
disclosing Party to seek protective orders.
17.14.6. 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.
17.15. 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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17.16. 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, under the then current rules of the
American Arbitration Association ("AAA"). The Federal Arbitration Act, 9 U.
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 prevailing Party, as determined by the arbitrator shall be entitled to an award
of reasonable attorneys' fees and costs. The arbitration shall occur in Denver
Colorado. 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 two (2) years after the cause of action
accrues.
17.17. Controlling Law
This Agreement was negotiated by the Parties in accordance with the terms
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.
17.18. 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.
17.19. 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.
17.20. Notices
Any notices required by or concerning this Agreement shall be sent to the Parties
at the addresses shown below:
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U S WEST Communications , Inc.
Director-Compliance
1801 California Street, Room 2410
Denver, Colorado 80202
With a copy to:
U S WEST Law Department
Attention General Counsel
1801 California Street, Room 5100
Denver, Colorado 80202
Jim Jones
1275 Shoreline Lane
Boise , Idaho 93702
[phone]
With a copy to:
Joseph B. McNeal
Page Data
O. Box 15509
Boise IO 83715
Each Party shall inform the other of any changes in the above addresses.
17.21.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.
17.22. 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.
17.23. Referenced Documents
All references to Sections , Exhibits, and Schedules shall be deemed to be
references to Sections 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)
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such document that is in effect, and will include the most recent version or
edition (including any amendments, supplements, addenda, or successors)
each document incorporated by reference in such a technical reference
technical publication, Paging Provider practice, USWC practice , or publication
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.
17.24. 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.
17.25. 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.
17.26. 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.
17.27. Headings of No Force or Effect
The headings of Articles and Sections of this Agreement are for convenience
reference only, and shall in no way define, modify or restrict the meaning or
interpretation of the terms or provisions of this Agreement.
17.28. Cancellation Charges
Except as provided pursuant to a Bona Fide Request, or as otherwise provided
in any applicable tariff or contract referenced herein, no cancellation charges
shall apply.
17.29. 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.
17.30. Compliance
Each Party shall comply with all applicable federal, state, and local laws, rules
and regulations applicable to its performance under this Agreement.
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17.31. Compliance with the Communications 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.
17.32 Cooperation
The Parties agree that this Agreement involves the provision of USWC services
in ways such services were not previously available and the introduction of new
processes and procedures to provide and bill such services. Accordingly, the
Parties agree to work jointly and cooperatively in testing and implementing
processes for pre-ordering, ordering, maintenance, provisioning and billing and
in reasonably resolving issues which result from such implementation on a timely
basis.
17.33. 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.
Joseph B. McNeal
a. Page Data *~J/YJ~
gnature
fQ,If(/: jJ
fit r;J~
Name nntedlTyped
(),J h
Title
U S WEST Communications, Inc. *
~c~ ~1'
Date
)(jL
gnature
v&.
Name PrintedlTyped
0 . D. .1Y\ \t( tm1
~ l ,11 \qt1
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Date
* This Agreement is made pursuant to Section 252 (i) of the Act and is premised upon the
Interconnection Agreement between Clark's Electronics , d.a. Clark Communications, Inc. and
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U S WEST Communications, Inc. (the "Underlying Agreement"). The Underlying Agreement
was approved by the Commission on September 25, 1998.
With respect to this Agreement, the Parties understand and agree:
The Parties shall request the Commission to expedite its review and approval of this
Agreement.
ii)Notwithstanding the mutual commitments set forth herein, the Parties are entering into
this Agreement without prejudice to any positions they have taken previously, or may
take in the future, in any legislative, regulatory, or other public forum addressing any
matters, including those relating to the types of arrangements contained in this
Agreement.
iii)This Agreement contains provisions based upon the decisions and orders of the FCC
and the Commission under and with respect to the Act. Currently, court and regulatory
proceedings affecting the subject matter of this Agreement are in various stages
including the proceedings where certain of the rules and regulations of the FCC are
being challenged. Accordingly, when a final , decision or decisions are made in the
Proceedings that automatically change and modify the Underlying Agreement, then like
changes and modifications will similarly be made to this Agreement.
iv)Subsequent to the execution of this Agreement, the FCC or the Commission may issue
decisions or orders that change or modify the rules and regulations governing
implementing of the Act. If such changes or modifications alter the state of the law upon
which the Underlying Agreement was negotiated and agreed , and it reasonably appears
that the parties to the Underlying Agreement would have negotiated and agreed to
different term(s) condition(s) or covenant(s) than as contained in the Underlying
Agreement had such change or modification been in existence before execution of the
Underlying Agreement, then this Agreement shall be amended to reflect such different
terms(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
this Agreement.
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APPENDIX A - PAGE 1 - IDAHO
DESCRIPTION USOC NONRECURRING MONTHLY
RATES RATES
NETWORK ACCESS CHANNEL - NAC
Analog 2-wire Channels:
1-way in (land to mobile)MTZ1X $263.$38.
1-way out (mobile to land), loop start M H60X $263.$38.
1-way out, ground start M K60X $263.$38.
1-way out, loop with reverse battery MTZOX $263.$38.
Analog 4-wire Channels:
1-way in (land to mobile)MT J1X $263.$89.
1-way out (mobile to land)MT JOX $263.$89.
2-way MT JCX $263.$89.
4-wire Digital Channels:
1-way in (land to mobile)M4W1 X $78.N/A
1-way out (mobile to land)M4WOX $78.N/A
2-way M4WCX $78.N/A
DIGITAL FACILITY
DS 1 Level MF31X $485.$93.
DS3 Level MF33X $532.$368.
CONNECTIVITY
Analog (Per analog channel)CK6AX N/A $20.
DS1 Level (Per DS1 Facility)CK61X N/A $50.40
DS3 Level (Per DS3 Facility)CK63X N/A $201.
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.
DS3 to DS MXG3X $298.$201.
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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APPENDIX A - PAGE 2 - IDAHO
DESCRIPTION USOC NONRECURRING MONTHLY
RATES RATES
DEDICATED TRANSPORT
AnaloglDSO
Over 0 to 8 Miles
Fixed:XUWH1 $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:XUWJ 1 $216.$37.
Per Mile JZ3JA N/A $1.
Over 8 to 25 Miles
Fixed XUWJ2 $216.$37.
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.
Per Mile JZ3JD N/A $1.
DS3 Level
Over 0 to 8 Miles
Fixed:XUWK1 $216.$257.
Per Mile JZ3KA N/A $19.48
Over 8 to 25 Miles
Fixed XUWK2 $216.$260.49
Per Mile JZ3KB N/A $24.
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APPENDIX A - PAGE 3 - IDAHO
DESCRIPTION USOC NONRECURRING MONTHLY
RATES RA TES
DS3 Level
Over 25 to 50 Miles
Fixed XUWK3 $216.$260.
Per Mile JZ3KC N/A $26.43
Over 50 Miles
Fixed XUWK4 $216.$259.
Per Mile JZ3KD N/A $26.
Numbers
Reservation:
Blocks of 100 NaJA $15.46 N/A
Activation:
Blocks of 1 00 RC6BX $17.N/A
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APPENDIX B
TRUNK FORECAST FORM
TYPE1 PAGING
DATE OF MEETING:
Paging Provider
Name:
Address:
City, State, Zip:
Technical Contact Person:
Technical Contact Person Telephone #:
USWC Negotiator:
USWC Negotiator Telephone #:
Desired U S WEST Central office
CLL!:
Central Office address:
City, State:
Equipment
Manufacture/ model #Quantity
Cable Makeup
Number of cables:
Number of fibers per cable:
Distance from USWC's Serving Wire Center
Distance from Paging Provider s POC
r::e
Requirements
DS1
I Year 3I Year
Year 2
Remarks:
Please attach additional major network project information to this forecast, as discussed in
Section 5.2 .
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APPENDIX C
POINT OF CONNECTION (POC)
Legal Entity: Clark's Electronics, d.a. Clark Communications, Inc.
Effective Date
Paging Provider s POC:USWC's Serving Wire Center:
Type 1
H =H =
CLLI Code:CLLI Code:
NXX
SERVING ARRANGEMENT:
The Type 1 Paging Service provided by the Agreement is represented by the following:
USWC SWC CLLI USWC Foreign Central Office CLLI
TRAFFIC CLLI TRAFFIC CLLI
Type 1 TRUNKS Type 1 TRUNKS
DEDICATED TRANSPORT:
Number of miles from Foreign Central Office to Serving Wire Center
Multiplexing DS 1 to DSO DS3to DS1N/A
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