20020219Application (Part A).pdf

17933 N.W.Evergreen Pkwy
P.O.Box 1100
Beaverton,OR 97076
February 15,2002
NEW CASE
Ms.Jean Jewell .--p -Q
Idaho Public Utilities Commission '
472 W.Washington
Boise,Idaho 83720
Re:Executed comprehensive agreement between Premiere Network Services,Inc.and
Verizon Northwest Inc.f/k/a GTE Northwest Incorporated
Dear Ms.Jewell:
Enclosed you will find for approval,an original plus three copies of an executed
comprehensive agreement between Premiere Network Services,Inc.and Verizon
Northwest Inc.
If you have any questions regarding this filing,please contact Renee Willer at
503/645-7909.
Sincerely,
Allan T.Thoms
Vice President -Public Policy &External Affairs
c:Jacquetta Peace -Premiere Network Services,Inc.
Missy Blankenship -Verizon
AGREEMENT
by and between
PREMIERE NETWORK SERVICES,INC.
and
VERIZON NORTHWEST INC.,F/K/A GTE NORTHWEST INCORPORATED
FOR THE STATE OF
IDAHO
Premiere ID Comp v2.3.doc
TABLE OF CONTENTS
AG REEME NT ...................................................................................................................................1
1.The Agreement ............................................................................................................1
2.Term andTerm i n at ion ................................................................................................1
3.Glossary and Attachments.........................................................................................2
4.AppI ic ab IeL aw ............................................................................................................2
5.Assignment..................................................................................................................3
6.As sur ance of Pa yment ...............................................................................................3
7.Audits ...........................................................................................................................4
8 .Author iz ati on ...............................................................................................................5
9.Billing and Payment;Disputed Amounts .................................................................5
1 0 .Confi dent ia Ii ty .............................................................................................................6
11.Counterparts................................................................................................................8
12.Default ..........................................................................................................................8
13.Discontinuance of Service by Premiere ...................................................................8
1 4.Di sputeResoIuti on .....................................................................................................9
15.Force Majeure..............................................................................................................9
16.Forecasts ...................................................................................................................10
17.Fraud ..........................................................................................................................10
1 8.GoodF aithPerform a nce ..........................................................................................10
19.He a d i ngs ....................................................................................................................10
20 .I ndemn if i c at ion ..........................................................................................................1 0
21.Insurance ...................................................................................................................12
22.I nte II ectua I Property ..................................................................................................1 3
23.Jo i ntWorkProduct ...................................................................................................1 4
24.Law Enforcement ......................................................................................................14
25.Liability.......................................................................................................................14
26.Network Management ...............................................................................................15
27.Non-Exclusive Remedies .........................................................................................16
2 8.Noti ceofNetworkCh anges .....................................................................................1 6
29.Noti ces .......................................................................................................................1 6
30.Ordering and Maintenance.......................................................................................17
31.Performa nceSt a nda rds ............................................................................................1 8
32.Point of Contact for Premiere Customers ..............................................................18
33.Predecessor Ag reements .........................................................................................1 8
34.Publicity and Use of Trademarks or Service Marks ..............................................19
35.References .................................................................................................................1 9
36.Re Iati onsh i pofthePart ies .......................................................................................1 9
37.Reservat i onofR i ghts ...............................................................................................2 0
38.Subcontractors..........................................................................................................20
39.Successors and Assigns..........................................................................................20
40.Survival ......................................................................................................................20
41.Taxes ..........................................................................................................................21
42.TechnologyUpgra des ..............................................................................................2 3
4 3.Terr itory......................................................................................................................2 3
44.Third Party Beneficiaries..........................................................................................23
45.2 51 and 271 Requirements .......................................................................................2 3
46.252(i)Obligations......................................................................................................24
47.Use of Service............................................................................................................24
48.Waiver.........................................................................................................................24
49.Warranties..................................................................................................................24
50.Withdrawal of Services.............................................................................................24
S IGNATUREP AGE .......................................................................................................................2 6
G LOSSARY....................................................................................................................................27
1.General Rule ..............................................................................................................27
I I
2.Defi n i t ions ..................................................................................................................2 7
ADD IT10N ALSERV I CES ATTACHMENT ....................................................................................40
1.Alternate Billed Calls ................................................................................................40
2.Dialing Parity -Section 251(b)(3).............................................................................40
3.Directory Assistance (DA)and Operator Services (OS).......................................40
4.Directory Listing and Directory Distribution..........................................................40
5.Voice Information Service Traffic............................................................................42
6.Intercept and Referral Announcements..................................................................43
7.Originating Line Number Screening (OLNS)..........................................................44
8.Operations Support Systems (OSS)Services........................................................44
9.Poles,Ducts,Conduits and Rights-of-Way............................................................50
10.TeI ephoneNumbers..................................................................................................50
11.Routing for Operator Services and Directory Assistance Traffic........................51
INTERCONNECT10N ATTACHMENT...........................................................................................52
1.General .......................................................................................................................52
2.Methods for Interconnection and Trunk Types......................................................52
3.Alternative Interconnection Arrangements............................................................58
4.Initiating Interconnection.........................................................................................58
5.Transmission and Routing of Telephone Exchange Service Traffic...................59
6.Traffic Measurement and Billing over Interconnection Trunks............................60
7.Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5)of the
Act...............................................................................................................................61
8.OtherTypesofTraff i c ...............................................................................................64
9.Transmission and Routing of Exchange Access Traffic ......................................65
10.Meet-Point Billing Arrangements ............................................................................65
11.Toll Free Service Access Code (e.g.,800/888/877)Traffic....................................68
1 2.Ta ndemTr ans i tTr aff i c .............................................................................................69
13.Number Resources,Rate Center Areas and Routing Points................................70
iii
14.Joint Network Implementation and Groomíng Process;and Installation,
Maintenance,Testing and Repair............................................................................71
15.Number Portability-Section 251(B)(2)...................................................................73
16.Transport and Termination of Indirect Interconnection Traffic............................76
RESALE ATTACHMENT...............................................................................................................77
1.Genera I .......................................................................................................................77
2.Use of Verizon Telecommunications Services ......................................................77
3.Availability of Verizon Telecommunications Services..........................................78
4.Respons i bi Ii tyforCh arges ......................................................................................7 8
5.Operations Matters ...................................................................................................78
6.Rates a ndCh a rges ....................................................................................................79
NETWORKELEMENTS ATTACHMENT ......................................................................................80
1 .Genera I .......................................................................................................................8 0
2.Verizon's Provision of Network Elements..............................................................81
3.Loop Transmission Types........................................................................................82
4 .L i neSh a r ing...............................................................................................................8 8
5.Line Splitting..............................................................................................................95
6.Sub-Loop....................................................................................................................95
7.I ns i deW i re .................................................................................................................99
8 .DarkF iber...................................................................................................................99
9.Network interf aceDev ice .......................................................................................1 03
10.Un bundled Switch ing Elements ............................................................................105
11.Unbundled Interoff ice Facilities.............................................................................106
12.Signaling Networks and Call-Related Databases ................................................106
13.Operations Support Systems.................................................................................107
14.Availability of Other Network Elements on an Unbundled Basis.......................108
15.Maintenance of Network Elements........................................................................109
16.Combinations..........................................................................................................109
IV
17.Rates a ndCh arges ..................................................................................................109
COLLOC AT10N ATTACHMENT.................................................................................................1 11
1.Verizon's Provision of Collocation........................................................................111
2.Premiere's Provision of Collocation .....................................................................147
911 ATTACHMENT......................................................................................................................1 48
1.91 1 /E-91 1 Arra ngements ........................................................................................1 48
2 .Electron i c I nterfa ce .................................................................................................1 48
3.911 Intercon nection ................................................................................................149
4.911 Facilities ............................................................................................................149
5.Local Number Portability for use with 911 ...........................................................149
6.PS APCoord i n at ion .................................................................................................1 49
7.91 1 Compensa t i on ..................................................................................................1 49
8.911 Rules and Regulations ....................................................................................149
PR ICI NG ATTA CHMENT.............................................................................................................1 50
1.Genera I .....................................................................................................................1 50
2.Verizon Telecommunications Services Provided to Premiere for Resale
Pursuant to the Resale Attachment ......................................................................150
3.Premie rePr i ces .......................................................................................................1 52
4.Section 271 ..............................................................................................................152
5.Regulatory Review of Prices..................................................................................152
IDAHO APPENDIX A TO THE PRICING ATTACHMENT...........................................................153
APPENDIX A TO THE COLLOCATION ATTACHMENT............................................................168
v
AGREEMENT
PREFACE
This Agreement ("Agreement")shall be deemed effective as of January 16,2002 (the "Effective
Date"),between Premiere Network Services,Inc.("Premiere"),a corporation organized under the
laws of the State of Texas,with offices at 1510 North Hampton Road,Suite 120,DeSoto,Texas
75115 and Verizon Northwest Inc.,f/k/a GTE Northwest Incorporated ("Verizon"),a corporation
organized under the laws of the State of Washington with offices at 1800 41st,Everett,WA
98201 (Verizon and Premiere may be referred to hereinafter,each,individually as a "Party",and,
collectively,as the "Parties").
GENERAL TERMS AND CONDITIONS
in consideration of the mutual promises contained in this Agreement,and intending to be legally
bound,pursuant to Section 252 of the Act,Verizon and Premiere hereby agree as follows:
1.The Agreement
1.1 This Agreement includes:(a)the Principal Document;(b)the Tariffs of each
Party applicable to the Services that are offered for sale by it in the Principal
Document (which Tariffs are incorporated into and made a part of this Agreement
by reference);and,(c)an Order by a Party that has been accepted by the other
Party.
1.2 Except as otherwise expressly provided in the Principal Document (including,but
not limited to,the Pricing Attachment),conflicts among provisions in the Principal
Document,Tariffs,and an Order by a Party that has been accepted by the other
Party,shall be resolved in accordance with the following order of precedence,
where the document identified in subsection "(a)"shall have the highest
precedence:(a)the Principal Document;(b)the Tariffs;and,(c)an Order by a
Party that has been accepted by the other Party.The fact that a provision
appears in the Principal Document but not in a Tariff,or in a Tariff but not in the
Principal Document,shall not be interpreted as,or deemed grounds for finding,a
conflict for the purposes of this Section 1.2.
1.3 This Agreement constitutes the entire agreement between the Parties on the
subject matter hereof,and supersedes any prior or contemporaneous
agreement,understanding,or representation,on the subject matter hereof.
Except as otherwise provisioned in the Principal Document,the Principal
Document may not be waived or modified except by a written document that is
signed by the Parties.Subject to the requirements of Applicable Law,a Party
shall have the right to add,modify,or withdraw,its Tariff(s)at any time,without
the consent of,or notice to,the other Party.
2.Term and Termination
2.1 This Agreement shall be effective as of the Effective Date and,unless cancelled
or terminated earlier in accordance with the terms hereof,shall continue in effect
until January 15,2004 (the "Initial Term").Thereafter,this Agreement shall
continue in force and effect unless and until cancelled or terminated as provided
in this Agreement.
2.2 Either Premiere or Verizon may terminate this Agreement effective upon the
expiration of the initial Term or effective upon any date after expiration of the
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Initial Term by providing written notice of termination at least ninety (90)days in
advance of the date of termination.
2.3 If either Premiereor Verizon provides notice of termination pursuant to Section
2.2 and on or before the proposed date of termination either Premiere or Verizon
has requested negotiation of a new interconnectionagreement,unless this
Agreement is cancelled or terminated earlier in accordance with the terms hereof
(including,but not limited to,pursuantto Section 12),this Agreement shall
remain in effect until the earlier of:(a)the effective date of a new interconnection
agreement between Premiere and Verizon;or,(b)the date one (1)year after the
proposeddate of termination.
2.4 If either Premiere or Verizon provides notice of termination pursuant to Section
2.2 and by 11:59 PM Eastern Time on the proposeddate of termination neither
Premiere nor Verizon has requested negotiation of a new interconnection
agreement,(a)this Agreement will terminate at 11:59 PM Eastern Time on the
proposed date of termination,and (b)the Services being provided under this
Agreement at the time of termination will be terminated,except to the extent that
the Purchasing Party has requested that such Services continue to be provided
pursuant to an applicable Tariff or Statement of Generally Available Terms
(SGAT).
3.Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
InterconnectionAttachment
Resale Attachment
UNE Attachment
Collocation Attachment
911 Attachment
Pricing Attachment
4.Applicable Law
4.1 The construction,interpretation and performance of this Agreement shall be
governed by (a)the laws of the United States of America and (b)the laws of the
State of Idaho,without regard to its conflicts of laws rules.All disputes relating to
this Agreement shall be resolved through the application of such laws.
4.2 Each Party shall remain in compliance with Applicable Law in the course of
performing this Agreement.
4.3 Neither Party shall be liable for any delay or failure in performance by it that
results from requirements of Applicable Law,or acts or failures to act of any
governmental entity or official.
4.4 Each Party shall promptly notify the other Party in writing of any governmental
action that limits,suspends,cancels,withdraws,or otherwise materially affects,
the notifying Party's ability to perform its obligations under this Agreement.
4.5 If any provision of this Agreement shall be invalid or unenforceable under
Applicable Law,such invalidity or unenforceability shall not invalidate or render
unenforceable any other provision of this Agreement,and this Agreement shall
Premiere ID Comp v2.3.doc 2
be construed as if it did not contain such invalid or unenforceable provision;
provided,that if the invalid or unenforceable provision is a material provision of
this Agreement,or the invalidity or unenforceability materially affects the rights or
obligations of a Party hereunder or the ability of a Party to perform any material
provision of this Agreement,the Parties shall promptly renegotiate in good faith
and amend in writing this Agreement in order to make such mutually acceptable
revisionsto this Agreement as may be required in order to conform the
Agreement to Applicable Law.
4.6 If any legislative,regulatory,judicial or other governmental decision,order,
determination or action,or any change in Applicable Law,materially affects any
material provision of this Agreement,the rights or obligations of a Party
hereunder,or the ability of a Party to perform any material provision of this
Agreement,the Parties shall promptly renegotiate in good faith and amend in
writing this Agreement in order to make such mutually acceptable revisions to
this Agreement as may be required in order to conform the Agreement to
Applicable Law.
4.7 Notwithstanding anything in this Agreement to the contrary,if,as a result of any
legislative,judicial,regulatory or other governmental decision,order,
determination or action,or any change in Applicable Law,Verizon is not required
by Applicable Law to provide any Service,payment or benefit,otherwise required
to be provided to Premiere hereunder,then Verizon may discontinue the
provision of any such Service,payment or benefit,and Premiere shall reimburse
Verizon for any payment previously made by Verizon to Premiere that was not
required by Applicable Law.Verizon will provide thirty (30)days prior written
notice to Premiere of any such discontinuance of a Service,unless a different
notice period or different conditions are specified in this Agreement (including,
but not limited to,in an applicable Tariff)or Applicable Law for termination of
such Service in which event such specified period and/or conditions shall apply.
5.Assignment
Neither Party may assign this Agreement or any right or interest under this Agreement,
nor delegate any obligation under this Agreement,without the prior written consent of the
other Party,which consent shall not be unreasonably withheld,conditioned or delayed.
Any attempted assignment or delegation in violation of this Section 5 shall be void and
ineffective and constitute default of this Agreement.
6.Assurance of Payment
6.1 Upon request by Verizon,Premiere shall provideto Verizon adequate assurance
of payment of amounts due (or to become due)to Verizon hereunder.
6.2 Assurance of payment of charges may be requested by Verizon if Premiere (a)in
Verizon's reasonable judgment,at the Effective Date or at any time thereafter,
does not have established credit with Verizon,(b)in Verizon's reasonable
judgment,at the Effective Date or at any time thereafter,is unable to
demonstrate that it is creditworthy,(c)fails to timely pay a bill rendered to
Premiere by Verizon,or (d)admits its inability to pay its debts as such debts
become due,has commenced a voluntary case (or has had a case commenced
against it)under the U.S.Bankruptcy Code or any other law relatingto
bankruptcy,insolvency,reorganization,winding-up,composition or adjustment of
debts or the like,has made an assignment for the benefit of creditors or is
subject to a receivership or similar proceeding.
Premiere ID Comp v2.3.doc 3
6.3 Unless otherwise agreed by the Parties,the assurance of payment shall,at
Verizon's oµtion,consist of (a)a cash security deposit in U.S.dollars held by
Verizon oi (b)an unconditional,irrevocable standby letter of credit naming
Verizon as the beneficiary thereof and otherwise in form and substance
satisfactory to Verizon from a financial institution acceptable to Verizon.The
cash security deposit or letter of credit shall be in an amount equal to two (2)
months anticipated charges (including,but not limited to,both recurring and non-
recurring charges),as reasonably determined by Verizon,for the Services to be
provided by Verizon to Premiere in connection with this Agreement.
6.4 To the extent that Verizon elects to require a cash deposit,the Parties intend that
the provision of such deposit shall constitute the grant of a security interest in the
deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any
relevant jurisdiction.
6.5 If payment of interest on a cash deposit is required by an applicable Verizon
Tariff or by Applicable Law,interest will be paid on any such cash deposit held by
Verizon at the higher of the interest rate stated in such Tariff or the interest rate
required by Applicable Law.
6.6 Verizon may (but is not obligated to)draw on the letter of credit or cash deposit,
as applicable,upon notice to Premiere in respect of any amounts to be paid by
Premiere hereunder that are not paid within thirty (30)days of the date that
payment of such amounts is required by this Agreement.
6.7 If Verizon draws on the letter of credit or cash deposit,upon request by Verizon,
Premiere shall provide a replacement or supplemental letter of credit or cash
deposit conforming to the requirements of Section 6.2.
6.8 Notwithstandinganything else set forth in this Agreement,if Verizon makes a
request for assurance of payment in accordance with the terms of this Section,
then Verizon shall have no obligation thereafter to perform underthis Agreement
until such time as Premiere has provided Verizon with such assurance of
payment.
6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder
shall in no way relieve Premiere from compliance with the requirements of this
Agreement (including,but not limited to,any applicable Tariffs)as to advance
payments and paymentfor Services,nor constitute a waiver or modificationof
the terms herein pertaining to the discontinuance of Services for nonpaymentof
any amounts payment of which is required by this Agreement.
7.Audits
7.1 Except as may be otherwise specifically provided in this Agreement,either Party
("Auditing Party")may audit the other Party's ("Audited Party")books,records,
documents,facilities and systems for the purpose of evaluating the accuracy of
the Audited Party's bills.Such audits may be performed once in each Calendar
Year;provided,however,that audits may be conducted more frequently (but no
more frequently than once in each Calendar Quarter)if the immediately
preceding audit found previously uncorrected net inaccuraciesin billing in favor
of the Audited Party having an aggregate value of at least $1,000,000.
7.2 The audit shall be performed by independent certified public accountants
selected and paid by the Auditing Party.The accountants shall be reasonably
acceptableto the Audited Party.Priorto commencing the audit,the accountants
shall execute an agreement with the Audited Party in a form reasonably
Premiere ID Comp v2.3.doc 4
acceptable to the Audited Party that protects the confidentiality of the information
disclosed by the Audited Party to the accountants.The audit shall take place at
a time and place agreed upon by the Parties;provided,that the Auditing Party
may require that the audit commence no later than sixty (60)days after the
Auditing Party has given notice of the audit to the Audited Party.
7.3 Each Party shall cooperate fully in any such audit,providing reasonable access
to any and all employees,books,records,documents,facilities and systems,
reasonably necessary to assess the accuracy of the Audited Party's bills.
7.4 Audits shall be performed at the Auditing Party's expense,provided that there
shall be no charge for reasonable access to the Audited Party's employees,
books,records,documents,facilities and systems necessaryto assess the
accuracy of the Audited Party's bills.
8.Authorization
8.1 Verizon represents and warrants that it is a corporation duly organized,validly
existing and in good standing under the laws of the State of Washington and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.2 Premiere represents and warrants that it is a corporationduly organized,validly
existing and in good standing under the laws of the State of Texas,and has full
power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.3 Premiere Certification.
Notwithstanding any other provision of this Agreement,Verizon shall have no
obligation to perform under this Agreement until such time as Premiere has
obtained such FCC and Commission authorization as may be required by
Applicable Law for conducting business in Idaho.Premiereshall not place any
orders under this Agreement until it has obtained such authorization.Premiere
shall provide proof of such authorization to Verizon upon request.
9.Billing and Payment;Disputed Amounts
9.1 Except as otherwise provided in this Agreement,each Party shall submit to the
other Party on a monthly basis in an itemized form,statement(s)of charges
incurred by the other Party under this Agreement.
9.2 Except as otherwise provided in this Agreement,payment of amounts billed for
Services provided under this Agreement,whether billed on a monthly basis or as
otherwise provided in this Agreement,shall be due,in immediately available U.S.
funds,on the later of the following dates (the "Due Date"):(a)the due date
specified on the billing Party's statement;or (b)twenty (20)days after the date
the statement is received by the billed Party.Payments shall be transmitted by
electronic funds transfer.
9.3 If any portion of an amount billed by a Party under this Agreement is subject to a
good faith dispute between the Parties,the billed Party shall give notice to the
billing Party of the amounts it disputes ("DisputedAmounts")and include in such
notice the specific details and reasons for disputing each item.A Party may also
dispute prospectively with a single notice a class of charges that it disputes.
Notice of a dispute may be given by a Party at any time,either before or after an
amount is paid,and a Party's payment of an amount shall not constitute a waiver
Premiere ID Comp v2.3.doc 5
of such Party's right to subsequently dispute its obligation to pay such amount or
to seek a refund of any amount paid.The billed Party shall pay by the Due Date
all undisputed amounts.Billing disputes shall be subject to the terms of Section
14,Dispute Resolution.
9.4 Charges due to the billing Party that are not paid by the Due Date,shall be
subject to a late payment charge.The late payment charge shall be in an
amount specified by the billing Party which shall not exceed a rate of one-and-
one-half percent (1.5%)of the overdue amount (includingany unpaid previously
billed late payment charges)per month.
9.5 Although it is the intent of both Parties to submit timely statements of charges,
failure by either Party to present statements to the other Party in a timely manner
shall not constitute a breach or default,or a waiver of the right to payment of the
incurred charges,by the billing Party under this Agreement,and,except for
assertion of a provision of Applicable Law that limits the period in which a suit or
other proceeding can be brought before a court or other governmental entity of
appropriate jurisdiction to collect amounts due,the billed Party shall not be
entitled to dispute the billing Party's statement(s)based on the billing Party's
failure to submit them in a timely fashion.
10.Confidentiality
10.1 As used in this Section 10,"Confidential Information"means the following
information that is disclosed by one Party ("Disclosing Party")to the other Party
("Receiving Party")in connection with,or anticipation of,this Agreement:
10.1.1 Books,records,documents and other informationdisclosed in an audit
pursuant to Section 7;
10.1.2 Any forecasting information provided pursuant to this Agreement;
10.1.3 Customer Information (except to the extent that (a)the Customer
information is published in a directory,(b)the Customer information is
disclosed through or in the course of furnishing a Telecommunications
Service,such as a Directory Assistance Service,Operator Service,
Caller ID or similar service,or LIDB service,or (c)the Customer to
whom the Customer Information is related has authorized the
Receiving Party to use and/or disclose the Customer Information);
10.1.4 information relatedto specific facilities or equipment (including,but not
limited to,cable and pair information);
10.1.5 any information that is in written,graphic,electromagnetic,or other
tangible form,and marked at the time of disclosure as "Confidential"or
"Proprietary;"and
10.1.6 any information that is communicated orally or visually and declared to
the Receiving Party at the time of disclosure,and by written notice with
a statement of the information given to the Receiving Party within ten
(10)days after disclosure,to be "Confidential or "Proprietary".
Notwithstanding any other provision of this Agreement,a Party shall have the
right to refuse to accept receipt of information which the other Party has identified
as Confidential Information pursuant to Sections 10.1.5 or 10.1.6.
10.2 Except as otherwise provided in this Agreement,the Receiving Party shall:
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10.2.1 use the Confidential Information received from the Disclosing Party only
in performance of this Agreement;and
10.2.2 using the same degree of care that it uses with similar confidential
information of its own (but in no case a degree of care that is less than
commercially reasonable),hold Confidential Information receivedfrom
the Disclosing Party in confidence and restrict disclosure of the
Confidential Information solely to those of the Receiving Party's
Affiliates and the directors,officers,employees,Agents and
contractors of the Receiving Party and the Receiving Party's Affiliates,
that have a need to receive such Confidential Informationin order to
perform the Receiving Party's obligations under this Agreement.The
Receiving Party's Affiliates and the directors,officers,employees,
Agents and contractors of the Receiving Party and the Receiving
Party's Affiliates,shall be required by the Receiving Party to comply
with the provisions of this Section 10 in the same manner as the
Receiving Party.The Receiving Party shall be liable for any failure of
the Receiving Party's Affiliates or the directors,officers,employees,
Agents or contractors of the Receiving Party or the Receiving Party's
Affiliates,to comply with the provisions of this Section 10.
10.3 The Receiving Party shall return or destroy all Confidential Information received
from the Disclosing Party,including any copies made by the Receiving Party,
within thirty (30)days after a written request by the Disclosing Party is delivered
to the Receiving Party,except for (a)Confidential Information that the Receiving
Party reasonably requires to perform its obligations under this Agreement,and
(b)one copy for archival purposes only.
10.4 Unless otherwise agreed,the obligations of Sections 10.2 and 10.3 do not apply
to information that:
10.4.1 was,at the time of receipt,already in the possession of or known to the
Receiving Party free of any obligation of confidentialityand restriction
on use;
10.4.2 is or becomes publicly available or known through no wrongful act of the
Receiving Party,the Receiving Party's Affiliates,or the directors,
officers,employees,Agents or contractors of the Receiving Party or
the Receiving Party's Affiliates;
10.4.3 is rightfully receivedfrom a third person having no direct or indirect
obligation of confidentiality or restriction on use to the Disclosing Party
with respect to such information;
10.4.4 is independentlydeveloped by the Receiving Party;
10.4.5 is approved for disclosure or use by written authorization of the
Disclosing Party (including,but not limited to,in this Agreement);or
10.4.6 is required to be disclosed by the Receiving Party pursuantto Applicable
Law,providedthat the Receiving Party shall have made commercially
reasonable efforts to give adequate notice of the requirementto the
Disclosing Party in order to enable the Disclosing Party to seek
protective arrangements.
10.5 Notwithstanding the provisions of Sections 10.1 through 10.4,the Receiving
Party may use and disclose Confidential Information received from the Disclosing
Premiere ID Comp v2.3.doc 7
Party to the extent necessary to enforce the Receiving Party's rights under this
Agreement or Applicable Law.In making any such disclosure,the Receiving
Party shall make reasonable efforts to preserve the confidentiality and restrict the
use of the Confidential Information while it is in the possession of any person to
whom it is disclosed,including,but not limited to,by requesting any
governmental entity to whom the Confidential Information is disclosed to treat it
as confidential and restrict its use to purposes related to the proceeding pending
before it.
10.6 The Disclosing Party shall retain all of the Disclosing Party's right,title and
interest in any Confidential Information disclosed by the Disclosing Party to the
Receiving Party.Except as otherwise expressly provided in this Agreement,no
license is granted by this Agreement with respect to any Confidential Information
(including,but not limited to,under any patent,trademark or copyright),nor is
any such license to be implied solely by virtue of the disclosure of Confidential
Information.
10.7 The provisions of this Section 10 shall be in addition to and not in derogation of
any provisions of Applicable Law,including,but not limited to,47 U.S.C.§222,
and are not intended to constitute a waiver by a Party of any right with regardto
the use,or protection of the confidentiality of,CPNI provided by Applicable Law.
10.8 Each Party's obligations under this Section 10 shall survive expiration,
cancellation or termination of this Agreement.
11.Counterparts
This Agreement may be executed in two or more counterparts,each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
12.Default
If either Party ("DefaultingParty")fails to make a payment required by this Agreement
(including,but not limited to,any payment required by Section 9.3 of undisputed amounts
to the billing Party)or materially breaches any other material provision of this Agreement,
and such failure or breach continues for thirty (30)days after written notice thereof from
the other Party,the other Party may,by written notice to the Defaulting Party,(a)
suspend the provision of any or all Services hereunder,or (b)cancel this Agreement and
terminate the provision of all Services hereunder.
13.Discontinuance of Service by Premiere
13.1 If Premiere proposes to discontinue,or actually discontinues,its provision of
service to all or substantially all of its Customers,whether voluntarily,as a result
of bankruptcy,or for any other reason,Premiere shall send written notice of such
discontinuance to Verizon,the Commission,and each of Premiere's Customers.
Premiere shall provide such notice such number of days in advance of
discontinuance of its service as shall be required by Applicable Law.Unless the
period for advance notice of discontinuance of service required by Applicable
Law is more than thirty (30)days,to the extent commercially feasible,Premiere
shall send such notice at least thirty (30)days prior to its discontinuance of
service.
13.2 Such notice must advise each Premiere Customer that unless action is taken by
the Premiere Customer to switch to a different carrier prior to Premiere's
Premiere ID Comp v2.3.doc 8
proposed discontinuance of service,the Premiere Customer will be without the
service provided by Premiere to the Premiere Customer.
13.3 Should a Premiere Customer subsequently become a Verizon Customer,
Premiereshall provideVerizon with all information necessaryfor Verizon to
establish service for the Premiere Customer,including,but not limited to,the
Premiere Customer's billed name,listed name,service address,and billing
address,and the services being provided to the Premiere Customer.
13.4 Nothing in this Section 13 shall limit Verizon's right to cancel or terminate this
Agreement or suspend provision of Services under this Agreement.
14.Dispute Resolution
14.1 Except as otherwise provided in this Agreement,any dispute between the Parties
regardingthe interpretation or enforcement of this Agreement or any of its terms
shall be addressed by good faith negotiation between the Parties.To initiate
such negotiation,a Party must provide to the other Party written notice of the
dispute that includes both a detailed description of the dispute or alleged
nonperformance and the name of an individual who will serve as the initiating
Party's representative in the negotiation.The other Party shall have ten
Business Days to designate its own representative in the negotiation.The
Parties'representatives shall meet at least once within 45 days after the date of
the initiating Party's written notice in an attempt to reach a good faith resolution
of the dispute.Upon agreement,the Parties'representatives may utilize other
alternative dispute resolution procedures such as private mediation to assist in
the negotiations.
14.2 If the Parties have been unable to resolve the dispute within 45 days of the date
of the initiating Party's written notice,either Party may pursue any remedies
available to it under this Agreement,at law,in equity,or otherwise,including,but
not limited to,instituting an appropriate proceeding before the Commission,the
FCC,or a court of competent jurisdiction.
15.Force Majeure
15.1 Neither Party shall be responsible for any delay or failure in performance which
results from causes beyond its reasonable control ("Force Majeure Events"),
whether or not foreseeable by such Party.Such Force Majeure Events include,
but are not limited to,adverse weather conditions,flood,fire,explosion,
earthquake,volcanic action,power failure,embargo,boycott,war,revolution,civil
commotion,act of public enemies,labor unrest (including,but not limited to,
strikes,work stoppages,slowdowns,picketing or boycotts),inability to obtain
equipment,parts,software or repairs thereof,acts or omissions of the other
Party,and acts of God.
15.2 If a Force Majeure Event occurs,the non-performing Party shall give prompt
notification of its inabilityto perform to the other Party.During the period that the
non-performing Party is unable to perform,the other Party shall also be excused
from performance of its obligations to the extent such obligations are reciprocal
to,or depend upon,the performance of the non-performing Party that has been
prevented by the Force Majeure Event.The non-performing Party shall use
commercially reasonable efforts to avoid or remove the cause(s)of its non-
performance and both Parties shall proceed to perform once the cause(s)are
removed or cease.
Premiere ID Comp v2.3.doc 9
15.3 Notwithstanding the provisions of Sections 15.1 and 15.2,in no case shall a
Force Majeure Event excuse either Party from an obligation to pay money as
required by this Agreement.
15.4 Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Party,in its sole discretion,
determines appropriate.
16.Forecasts
In addition to any other forecasts required by this Agreement,upon request by Verizon,
Premiereshall provide to Verizon forecasts regarding the Servicesthat Premiere expects
to purchase from Verizon,including,but not limited to,forecasts regardingthe types and
volumes of Servicesthat Premiere expects to purchase and the locations where such
Services will be purchased.
17.Fraud
Premiere assumes responsibilityfor all fraud associated with its Customers and
accounts.Verizon shall bear no responsibilityfor,and shall have no obligation to
investigate or make adjustments to Premiere's account in cases of,fraud by Premiere's
Customers or other third parties.
18.Good Faith Performance
The Parties shall act in good faith in their performance of this Agreement.Except as
otherwise expressly stated in this Agreement (including,but not limited to,where
consent,approval,agreement or a similar action is stated to be within a Party's sole
discretion),where consent,approval,mutual agreement or a similar action is required by
any provision of this Agreement,such action shall not be unreasonably withheld,
conditioned or delayed.
19.Headings
The headings used in the Principal Document are inserted for convenience of reference
only and are not intended to be a part of or to affect the meaning of the Principal
Document.
20.Indemnification
20.1 Each Party ("IndemnifyingParty")shall indemnify,defend and hold harmless the
other Party ("IndemnifiedParty"),the indemnified Party's Affiliates,and the
directors,officers and employees of the Indemnified Party and the Indemnified
Party's Affiliates,from and against any and all Claims that arise out of bodily
injury to or death of any person,or damage to,or destruction or loss of,tangible
real and/or personal property of any person,to the extent such injury,death,
damage,destruction or loss,was proximately caused by the grossly negligent or
intentionally wrongful acts or omissions of the Indemnifying Party,the
Indemnifying Party's Affiliates,or the directors,officers,employees,Agents or
contractors (excluding the indemnified Party)of the Indemnifying Party or the
Indemnifying Party's Affiliates,in connection with this Agreement.
20.2 Indemnification Process.
20.2.1 As used in this Section 20,"Indemnified Person"means a person whom
an Indemnifying Party is obligated to indemnify,defend and/or hold
harmless under Section 20.1.
Premiere ID Comp v2.3.doc 10
20.2.2 An indemnifying Party's obligations under Section 20.1 shall be
conditioned upon the following:
20.2.3 The Indemnified Person:(a)shall give the Indemnifying Party notice of
the Claim promptly after becoming aware thereof (including a
statement of facts known to the indemnified Person related to the
Claim and an estimate of the amount thereof);(b)prior to taking any
material action with respect to a Third Party Claim,shall consult with
the Indemnifying Party as to the procedure to be followed in defending,
settling,or compromising the Claim;(c)shall not consent to any
settlement or compromise of a Third Party Claim without the written
consent of the Indemnifying Party;(d)shall permit the Indemnifying
Party to assume the defense of a Third Party Claim (including,except
as provided below,the compromise or settlement thereof)at the
Indemnifying Party's own cost and expense,provided,however,that
the Indemnified Person shall have the right to approve the
indemnifying Party's choice of legal counsel.
20.2.4 If the Indemnified Person fails to comply with Section 20.2.3 with respect
to a Claim,to the extent such failure shall have a material adverse
effect upon the Indemnifying Party,the Indemnifying Party shall be
relieved of its obligation to indemnify,defend and hold harmless the
Indemnified Person with respect to such Claim under this Agreement.
20.2.5 Subject to 20.2.6 and 20.2.7,below,the Indemnifying Party shall have
the authority to defend and settle any Third Party Claim.
20.2.6 With respect to any Third Party Claim,the Indemnified Person shall be
entitled to participate with the Indemnifying Party in the defense of the
Claim if the Claim requests equitable relief or other relief that could
affect the rights of the Indemnified Person.In so participating,the
Indemnified Person shall be entitled to employ separate counsel for the
defense at the Indemnified Person's expense.The Indemnified Person
shall also be entitled to participate,at its own expense,in the defense
of any Claim,as to any portion of the Claim as to which it is not entitled
to be indemnified,defended and held harmless by the Indemnifying
Party.
20.2.7 In no event shall the Indemnifying Party settle a Third Party Claim or
consent to any judgment with regard to a Third Party Claim without the
prior written consent of the Indemnified Party,which shall not be
unreasonably withheld,conditioned or delayed.In the event the
settlement or judgment requires a contribution from or affects the rights
of an Indemnified Person,the Indemnified Person shall have the right
to refuse such settlement or judgment with respect to itself and,at its
own cost and expense,take over the defense against the Third Party
Claim,provided that in such event the Indemnifying Party shall not be
responsiblefor,nor shall it be obligated to indemnify or hold harmless
the Indemnified Person against,the Third Party Claim for any amount
in excess of such refused settlement or judgment.
20.2.8 The Indemnified Person shall,in all cases,assert any and all provisions
in applicable Tariffs and Customer contracts that limit liability to third
persons as a bar to,or limitation on,any recovery by a third-person
claimant.
Premiere ID Comp v2.3.doc 11
20.2.9 The Indemnifying Party and the Indemnified Person shall offer each
other all reasonable cooperation and assistance in the defense of any
Third Party Claim.
20.3 Each Party agrees that it will not implead or bring any action against the other
Party,the other Party's Affiliates,or any of the directors,officers or employees of
the other Party or the other Party's Affiliates,based on any claim by any person
for personal injury or death that occurs in the course or scope of employment of
such person by the other Party or the other Party's Affiliate and that arises out of
performanceof this Agreement.
20.4 Each Party's obligations under this Section 20 shall survive expiration,
cancellation or termination of this Agreement.
21.Insurance
21.1 Premiereshall maintain during the term of this Agreement and for a period of two
years thereafter all insurance and/or bonds required to satisfy its obligations
underthis Agreement (including,but not limited to,its obligations set forth in
Section 20 hereof)and all insuranceand/or bonds required by Applicable Law.
The insurance and/or bonds shall be obtainedfrom an insurer having an A.M.
Best insurancerating of at least A-,financial size category Vil or greater.At a
minimum and without limiting the foregoing undertaking,Premiere shall maintain
the following insurance:
21.1.1 Commercial General Liability insurance,on an occurrence basis,
including but not limited to,premises-operations,broad form property
damage,products/completed operations,contractual liability,
independent contractors,and personal injury,with limits of at least
$2,000,000 combined single limit for each occurrence.
21.1.2 Commercial Motor Vehicle Liability Insurance covering all owned,hired
and non-owned vehicles,with limits of at least $2,000,000 combined
single limit for each occurrence.
21.1.3 Excess Liability Insurance,in the umbrella form,with limits of at least
$10,000,000 combined single limit for each occurrence.
21.1.4 Worker's Compensation Insurance as required by Applicable Law and
Employer's Liability Insurancewith limits of not less than $2,000,000
per occurrence.
21.1.5 All risk property insurance on a full replacement cost basis for all of
Premiere's real and personal property located at any Collocation site or
otherwise located on or in any Verizon premises (whether owned,
leased or otherwise occupied by Verizon),facility,equipment or right-
of-way.
21.2 Any deductibles,self-insured retentions or loss limits ("Retentions")for the
foregoing insurance must be disclosed on the certificates of insurance to be
providedto Verizon pursuant to Sections 21.4 and 21.5,and Verizon reserves
the right to reject any such Retentions in its reasonable discretion.All Retentions
shall be the responsibility of Premiere.
21.3 Premiere shall name Verizon and Verizon's Affiliates as additional insureds on
the foregoing liability insurance.
Premiere ID Comp v2.3.doc 12
21.4 Premiere shall,within two (2)weeks of the Effective Date hereof at the time of
each renewal of,or material change in,Premiere 's insurance policies,and at
such other times as Verizon may reasonably specify,furnish certificates or other
proof of the foregoing insurance reasonably acceptable to Verizon.The
certificates or other proof of the foregoing insurance shall be sent to:Director -
Contract Performance &Administration,Verizon Wholesale Markets,600 Hidden
Ridge,HQEWMNOTICES,Irving.TX 75038.
21.5 Premiere shall require its contractors,if any,that may enter upon the premises or
access the facilities or equipment of Verizon or Verizon's affiliates to maintain
insurance in accordance with Sections 21.1 through 21.3 and,if requested,to
furnish Verizon certificates or other adequate proof of such insurance acceptable
to Verizon in accordance with Section 21.4
21.6 If Premiere or Premiere's contractors fail to maintain insurance as required in
Sections 21.1 through 21.5,above,Verizon may (but shall not be obligated to)
purchase such insurance and Premiere shall reimburseVerizon for the cost of
the insurance.
21.7 Certificates furnished by Premiere or Premiere's contractors shall contain a
clause stating:"Verizon Northwest inc.,f/k/a GTE Northwest Incorporatedshall
be notified in writing at least thirty (30)days prior to cancellation of,or any
material change in,the insurance."
22.Intellectual Property
22.1 Except as expressly stated in this Agreement,this Agreement shall not be
construed as granting a license with respect to any patent,copyright,trade
name,trademark,service mark,trade secret or any other intellectual property,
now or hereafter owned,controlled or licensable by either Party.Except as
expressly stated in this Agreement,neither Party may use any patent,
copyrightable materials,trademark,trade name,trade secret or other intellectual
property right,of the other Party except in accordance with the terms of a
separate license agreement between the Parties granting such rights.
22.2 Except as stated in Section 22.4,neither Party shall have any obligation to
defend,indemnify or hold harmless,or acquire any license or right for the benefit
of,or owe any other obligation or have any liability to,the other Party or its
Affiliates or Customers based on or arising from any Third Party Claim alleging or
asserting that the provision or use of any service,facility,arrangement,or
software by either Party under this Agreement,or the performance of any service
or method,either alone or in combination with the other Party,constitutes direct,
vicarious or contributory infringement or inducement to infringe,or misuse or
misappropriation of any patent,copyright,trademark,trade secret,or any other
proprietary or intellectual property right of any Party or third person.Each Party,
however,shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
22.3 NOTWITHSTANDINGANY OTHER PROVISION OF THIS AGREEMENT,THE
PARTIESAGREE THAT NEITHER PARTY HAS MADE,AND THAT THERE
DOES NOT EXIST,ANY WARRANTY,EXPRESS OR IMPLIED,THAT THE
USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDER
THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE,OR MISAPPROPRIATION OF ANY INTELLECTUALPROPERTY
RIGHT.
Premiere ID Comp v2.3.doc 13
22.4 Premiere agrees that the Services provided by Verizon hereunder shall be
subject to the terms,conditions and restrictions contained in any applicable
agreements (including,but not limited to software or other intellectual property
license agreements)between Verizon and Verizon's vendors.Verizon agrees to
advise Premiere,directly or through a third party,of any such terms,conditions
or restrictions that may limit any Premiere use of a Service provided by Verizon
that is otherwise permitted by this Agreement.At Premiere's written request,to
the e×tent required by Applicable Law,Verizon will use Verizon's best efforts,as
commercially practicable,to obtain intellectual property rights from Verizon's
vendor to allow Premiereto use the Service in the same manner as Verizon that
are coextensive with Verizon's intellectual property rights,on terms and
conditionsthat are equal in quality to the terms and conditions under which
Verizon has obtained Verizon's intellectual property rights.Premiere shall
reimburse Verizon for the cost of obtaining such rights.
23.Joint Work Product
The Principal Document is the joint work product of the Parties,has been negotiated by
the Parties,and shall be fairly interpreted in accordance with its terms.In the event of
any ambiguities,no inferences shall be drawn against either Party.
24.Law Enforcement
24.1 Each Party may cooperate with law enforcement authorities and national security
authorities to the full extent required or permitted by Applicable Law in matters
related to Services provided by it under this Agreement,including,but not limited
to,the production of records,the establishment of new lines or the installation of
new services on an existing line in order to support law enforcement and/or
national security operations,and,the installation of wiretaps,trap-and-trace
facilities and equipment,and dialed number recording facilities and equipment.
24.2 A Party shall not have the obligation to inform the other Party or the Customers
of the other Party of actions taken in cooperating with law enforcement or
national security authorities,except to the extent required by Applicable Law.
24.3 Where a law enforcement or national security request relates to the
establishment of lines (including,but not limited to,lines established to support
interception of communications on other lines),or the installation of other
services,facilities or arrangements,a Party may act to prevent the other Party
from obtainingaccess to information concerning such lines,services,facilities
and arrangements,through operations support system interfaces.
25.Liability
25.1 As used in this Section 25,"Service Failure"means a failure to comply with a
direction to install,restore or terminate Services under this Agreement,a failure
to provide Services under this Agreement,and failures,mistakes,omissions,
interruptions,delays,errors,defects or the like,occurring in the course of the
provision of any Services under this Agreement.
25.2 Except as otherwise stated in Section 25.5,the liability,if any,of a Party,a
Party's Affiliates,and the directors,officers and employees of a Party and a
Party's Affiliates,to the other Party,the other Party's Customers,and to any
other person,for Claims arising out of a Service Failure shall not exceed an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure occurs.
Premiere ID Comp v2.3.doc 14
25.3 Except as otherwise stated in Section 25.5,a Party,a Party's Affiliates,and the
directors,officers and employees of a Party and a Party's Affiliates,shall not be
liable to the other Party,the other Party's Customers,or to any other person,in
connection with this Agreement (including,but not limited to,in connection with a
Service Failure or any breach,delay or failure in performance,of this Agreement)
for special,indirect,incidental,consequential,reliance,exemplary,punitive,or
like damages,including,but not limited to,damages for lost revenues,profits or
savings,or other commercial or economic loss,even if the person whose liability
is excluded by this Section has been advised of the possibility of such damages.
25.4 The limitations and exclusions of liability stated in Sections 25.1 through 25.3
shall apply regardless of the form of a claim or action,whether statutory,in
contract,warranty,strict liability,tort (including,but not limited to,negligence of a
Party),or otherwise.
25.5 Nothing contained in Sections 25.1 through 25.4 shall exclude or limit liability:
25.5.1 under Sections 20,Indemnification,or 41,Taxes.
25.5.2 for any obligation to indemnify,defend and/or hold harmless that a Party
may have under this Agreement.
25.5.3 for damages arising out of or resulting from bodily injury to or death of
any person,or damage to,or destruction or loss of,tangible real and/or
personal property of any person,or Toxic or Hazardous Substances,to
the extent such damages are otherwise recoverable under Applicable
Law;
25.5.4 for a claim for infringement of any patent,copyright,trade name,trade
mark,service mark,or other intellectual property interest;
25.5.5 under Section 258 of the Act or any order of FCC or the Commission
implementing Section 258;or
25.5.6 underthe financial incentive or remedy provisions of any service quality
plan required by the FCC or the Commission.
25.6 In the event that the liability of a Party,a Party's Affiliate,or a director,officer or
employee of a Party or a Party's Affiliate,is limited and/or excluded under both
this Section 25 and a provision of an applicable Tariff,the liability of the Party or
other person shall be limited to the smaller of the amounts for which such Party
or other person would be liable under this Section or the Tariff provision.
25.7 Each Party shall,in its tariffs and other contracts with its Customers,providethat
in no case shall the other Party,the other Party's Affiliates,or the directors,
officers or employees of the other Party or the other Party's Affiliates,be liable to
such Customers or other third-persons for any special,indirect,incidental,
consequential,reliance,exemplary,punitive or other damages,arising out of a
Service Failure.
26.Network Management
26.1 Coooeration.The Parties will work cooperatively in a commercially reasonable
manner to install and maintain a reliable network.Premiereand Verizon will
exchange appropriate information (e.g.,network information,maintenance
contact numbers,escalation procedures,and information required to comply with
requirements of law enforcement and national security agencies)to achieve this
Premiere ID Comp v2.3.doc 15
desired reliability.In addition,the Parties will work cooperatively in a
commeicially reasonable manner to apply sound network managementprinciples
to alleviate or to prevent traffic congestion and subject to Section 17,to minimize
fraud associated with third number billed calls,calling card calls,and other
services related to this Agreement.
26.2 Responsibilityfor Followinq Standards.Each Party recognizes a responsibility to
follow the standards that may be agreed to betweenthe Parties and to employ
characteristicsand methods of operation that will not interfere with or impair the
service,network or facilities of the other Party or any third parties connected with
or involved directly in the network or facilities of the other.
26.3 Interference or impairment.If a Party ("Impaired Party")reasonably determines
that the services,network,facilities,or methods of operation,of the other Party
("Interfering Party")will or are likely to interfere with or impair the Impaired Party's
provision of services or the operation of the impaired Party's network or facilities,
the Impaired Party may interrupt or suspend any Service provided to the
Interfering Party to the extent necessary to prevent such interference or
impairment,subject to the following:
26.3.1 Except in emergency situations (e.g.,situations involvinga risk of bodily
injury to persons or damage to tangible property,or an interruption in
Customer service)or as otherwise provided in this Agreement,the
Impaired Party shall have given the Interfering Party at least ten (10)
days'prior written notice of the interference or impairment or potential
interferenceor impairment and the need to correct the condition within
said time period;and,
26.3.2 Upon correction of the interference or impairment,the impaired Party will
promptly restore the interrupted or suspended Service.The Impaired
Party shall not be obligated to provide an out-of-service credit
allowance or other compensation to the Interfering Party in connection
with the suspended Service.
26.4 Outaqe Repair Standard.In the event of an outage or trouble in any Service
being provided by a Party hereunder,the Providing Party will follow Verizon's
standard procedures for isolating and clearing the outage or trouble.
27.Non-Exclusive Remedies
Except as otherwise expressly provided in this Agreement,each of the remedies
provided under this Agreement is cumulative and is in addition to any other remedies that
may be available under this Agreement or at law or in equity.
28.Notice of Network Changes
If a Party makes a change in the information necessary for the transmission and routing
of services using that Party's facilities or network,or any other change in its facilities or
network that will materially affect the interoperability of its facilities or network with the
other Party's facilities or network,the Party making the change shall publish notice of the
change at least ninety (90)days in advance of such change,and shall use reasonable
efforts,as commercially practicable,to publish such notice at least one hundred eighty
(180)days in advance of the change;provided,however,that if an earlier publication of
notice of a change is required by Applicable Law (including,but not limited to,47 CFR
51.325 through 51.335)notice shall be given at the time required by Applicable Law.
29.Notices
Premiere ID Comp v2.3.doc 16
29.1 Except as otherwise provided in this Agreement,notices given by one Party to
the other Party under this Agreement:
29.1.1 shall be in writing;
29.1.2 shall be delivered (a)personally,(b)by express delivery service with
next Business Day delivery,(c)by First Class,certified or registered
U.S.mail,postage prepaid,or (d)by facsimile telecopy,with a copy
delivered in accordance with (a),(b)or (c),preceding;and
29.1.3 shall be delivered to the following addresses of the Parties:
To Premiere:
Jacquetta Peace
Director -Regulatory/Compliance/Special Projects
1510 North Hampton Road
Suite 120
DeSoto,Texas 75115
Telephone Number:[phone]
Facsimile Number:[phone]
Internet Address:[e-mail]
To Verizon:Director-Contract Performance &Administration
Verizon Wholesale Markets
600 Hidden Ridge
HQEWMNOTICES
f rving,TX 75038
Telephone Number:972-718-5988
Facsimile Number:972-719-1519
Internet Address:[e-mail]
with a copy to:
Vice President and Associate General Counsel
Verizon Wholesale Markets
1515 North Court House Road
Suite 500
Arlington,VA 22201
Facsimile:703-351-3664
or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (a)where there is personal
delivery of the notice,the date of actual receipt,(b)where the notice is sent via
express delivery service for next Business Day delivery,the next Business Day
after the notice is sent,(c)where the notice is sent via First Class U.S.Mail,
three (3)Business Days after mailing,(d)where notice is sent via certified or
registered U.S.mail,the date of receipt shown on the Postal Service receipt,and
(e)where the notice is sent via facsimile telecopy,if the notice is sent on a
Business Day and before 5 PM.in the time zone where it is received,on the date
set forth on the telecopy confirmation,or if the notice is sent on a non-Business
Day or if the notice is sent after 5 PM in the time zone where it is received,the
next Business Day after the date set forth on the telecopy confirmation .
30.Ordering and Maintenance
Premiere ID Comp v2.3.doc 17
Premiere shall use Verizon's electronic Operations Support System access platforms to
submit Orders and requests for maintenance and repair of Services,and to engage in
other pre-ordering,ordering,provisioning,maintenance and repair transactions.If
Verizon has not yet deployed an electronic capability for Premiereto perform a pre-
ordering,ordering,provisioning,maintenance or repair,transaction offered by Verizon,
Premiere shall use such other processes as Verizon has made available for performing
such transaction (including,but not limited,to submission of Orders by telephonic
facsimile transmission and placing trouble reports by voice telephone transmission).
31.Performance Standards
31.1 Verizon shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law,including,but not limited to,
Section 251(c)of the Act.
31.2 To the extent required by Appendix D,Section V,"Carrier-to-Carrier Performance
Plan (Including Performance Measurements),"and Appendix D,Attachment A,
"Carrier-to-Carrier Performance Assurance Plan,"of the Merger Order,Verizon
shall provide performance measurement results to Premiere.
31.3 Premiere shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
32.Point of Contact for Premiere Customers
32.1 Premiere shall establish telephone numbers and mailing addresses at which
Premiere Customers may communicate with Premiere and shall advise Premiere
Customers of these telephone numbers and mailing addresses.
32.2 Except as otherwise agreed to by Verizon,Verizon shall have no obligation,and
may decline,to accept a communication from a Premiere customer,including,
but not limited to,a PremiereCustomer request for repair or maintenance of a
Verizon Service provided to Premiere.
33.Predecessor Agreements
33.1 Except as stated in Section 33.1.1 or as otherwise agreed in writing by the
Parties:
33.1.1 any prior interconnection or resale agreement between the Parties for
the State of Idaho pursuant to Section 252 of the Act and in effect
immediately prior to the Effective Date is hereby terminated;and
33.1.2 any Services that were purchased by one Party from the other Party
under a prior interconnection or resale agreement betweenthe Parties
for the State of Idaho pursuant to Section 252 of the Act and in effect
immediately prior to the Effective Date,shall as of the Effective Date
be subject to and purchased under this Agreement.
33.2 Except as otherwise agreed in writing by the Parties,if a Service purchased by a
Party under a prior interconnection or resale agreement betweenthe Parties
pursuantto Section 252 of the Act was subject to a contractual commitment that
it would be purchased for a period of longer than one month,and such period
had not yet expired as of the Effective Date and the Service had not been
terminated prior to the Effective Date,to the extent not inconsistent with this
Agreement,such commitment shall remain in effect and the Service will be
purchased under this Agreement;provided,that if this Agreement would
Premiere ID Comp v2.3.doc 18
materially alter the terms of the commitment,either Party make elect to cancel
the commitment.
33.3 If either Party elects to cancel the commitment pursuant to the proviso in Section
33.1.1,the Purchasing Party shall not be liable for any termination charge that
would otherwise have applied.However,if the commitmentwas cancelled by the
Purchasing Party,the Providing Party shall be entitled to paymentfrom the
Purchasing Party of the difference between the price of the Service that was
actually paid by the Purchasing Party under the commitment and the price of the
Service that would have applied if the commitment had been to purchase the
Service only until the time that the commitment was cancelled.
34.Publicity and Use of Trademarks or Service Marks
34.1 A Party,its Affiliates,and their respective contractors and Agents,shall not use
the other Party's trademarks,service marks,logos or other proprietary trade
dress,in connection with the sale of products or services,or in any advertising,
press releases,publicity matters or other promotional materials,unless the other
Party has given its written consent for such use,which consent the other Party
may grant or withhold in its sole discretion.
34.2 Neither Party may imply any direct or indirect affiliation with or sponsorshipor
endorsement of it or its services or products by the other Party.
34.3 Any violation of this Section 34 shall be considered a material breach of this
Agreement.
35.References
35.1 All references to Sections,Appendices and Exhibits shall be deemed to be
references to Sections,Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
35.2 Unless the context shall otherwise require,any reference to a Tariff,agreement,
technical or other document (includingVerizon or third party guides,practices or
handbooks),or provision of Applicable Law,is to such Tariff,agreement,
document,or provision of Applicable Law,as amended and supplemented from
time to time (and,in the case of a Tariff or provision of Applicable Law,to any
successor Tariff or provision).
36.Relationship of the Parties
36.1 The relationship of the Parties under this Agreement shall be that of independent
contractors and nothing herein shall be construed as creating any other
relationship between the Parties.
36.2 Nothing contained in this Agreement shall make either Party the employee of the
other,create a partnership,joint venture,or other similar relationship between
the Parties,or grant to either Party a franchise,distributorship or similar interest.
36.3 Except for provisions herein expressly authorizing a Party to act for another
Party,nothing in this Agreement shall constitute a Party as a legal representative
or Agent of the other Party,nor shall a Party have the right or authority to
assume,create or incur any liability or any obligation of any kind,express or
implied,against,in the name or on behalf of the other Party unless otherwise
expressly permitted by such other Party in writing,which permission may be
granted or withheld by the other Party in its sole discretion.
Premiere ID Comp v2.3.doc 19
36.4 Each Party shall have sole authority and responsibilityto hire,fire,compensate,
supervise,and otherwise control its employees,Agents and contractors.Each
Party shall be solely responsible for payment of any Social Security or other
taxes that it is required by Applicable Law to pay in conjunction with its
employees,Agents and contractors,and for withholding and remitting to the
applicable taxing authorities any taxes that it is required by Applicable Law to
collect from its employees.
36.5 Except as otherwise expressly provided in this Agreement,no Party undertakes
to perform any obligation of the other Party,whether regulatory or contractual,or
to assume any responsibility for the management of the other Party's business.
36.6 The relationship of the Parties under this Agreement is a non-exclusive
relationship.
37.Reservation of Rights
37.1 Notwithstandinganything to the contrary in this Agreement,neither Party waives,
and each Party hereby expressly reserves,its rights:(a)to appeal or otherwise
seek the reversal of and changes in any arbitration decision associated with this
Agreement;(b)to challenge the lawfulness of this Agreement and any provision
of this Agreement;(c)to seek changes in this Agreement (including,but not
limited to,changes in rates,charges and the Services that must be offered)
through changes in Applicable Law;and,(d)to challenge the lawfulness and
propriety of,and to seek to change,any Applicable Law,including,but not limited
to any rule,regulation,order or decision of the Commission,the FCC,or a court
of applicable jurisdiction.Nothing in this Agreement shall be deemed to limit or
prejudice any position a Party has taken or may take before the Commission,the
FCC,any other state or federal regulatory or legislative bodies,courts of
applicable jurisdiction,or industry fora.The provisions of this Section shall
survive the expiration,cancellation or termination of this Agreement.
37.2 Premiere acknowledges Premiere has been advised by Verizon that it is
Verizon's position that:
37.2.1 This Agreement contains certain provisions which are intended to reflect
Applicable Law and Commission and/or FCC arbitration decisions;and
37.2.2 For the purposes of Appendix D,Sections 31 and 32,of the Merger
Order,such provisions shall not be deemed to have been voluntarily
negotiated or agreed to by Verizon and shall not be available to
carriers pursuant to Appendix D,Sections 31 and 32 of the Merger
Order.
38.Subcontractors
A Party may use a contractor of the Party (including,but not limited to,an Affiliate of the
Party)to perform the Party's obligations under this Agreement;provided,that a Party's
use of a contractor shall not release the Party from any duty or liability to fulfill the Party's
obligations under this Agreement.
39.Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective legal successors and permitted assigns.
40.Survival
Premiere ID Comp v2.3.doc 20
The rights,liabilities and obligations of a Party for acts or omissions occurring priorto the
expiration,cancellation or termination of this Agreement,the rights,liabilities and
obligations of a Party under any provision of this Agreement regarding confidential
information (including but not limited to,Section 10,indemnification or defense (including,
but not limited to,Section 20,or limitation or exclusion of liability (including,but not
limited to,Section 25,and the rights,liabilities and obligations of a Party under any
provision of this Agreement which by its terms or nature is intended to continue beyond
or to be performed after the expiration,cancellation or termination of this Agreement,
shall survive the expiration,cancellation or termination of this Agreement.
41.Taxes
41.1 In General.With respect to any purchase hereunderof Services,if any federal,
state or local tax,fee,surcharge or other tax-like charge (a "Tax")is required or
permitted by Applicable Law or a Tariff to be collected from the Purchasing Party
by the Providing Party,then (a)the Providing Party shall properly bill the
Purchasing Party for such Tax,(b)the Purchasing Party shall timely remit such
Tax to the Providing Party and (c)the Providing Party shall timely remit such
collected Tax to the applicable taxing authority.
41.2 Taxes Imposedon the Providinq Party.With respect to any purchase hereunder
of Services,if any federal,state or local Tax is imposed by Applicable Law on the
receipts of the Providing Party,and such Applicable Law permits the Providing
Party to exclude certain receipts received from sales for resale to a public utility,
distributor,telephone company,local exchange carrier,telecommunications
company or other communications company ("TelecommunicationsCompany"),
such exclusion being based solely on the fact that the Purchasing Party is also
subject to a tax based upon receipts ("Receipts Tax"),then the Purchasing Party
(a)shall providethe Providing Party with notice in writing in accordance with
Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b)shall
timely pay the Receipts Tax to the applicable tax authority.
41.3 Taxes Imposed on Customers.With respect to any purchase hereunder of
Services that are resold to a third party,if any federal,state or local Tax is
imposed by Applicable Law on the subscriber,end-user,Customer or ultimate
consumer ("Subscriber")in connection with any such purchase,which a
Telecommunications Company is required to impose and/or collect from a
Subscriber,then the Purchasing Party (a)shall be required to impose and/or
collect such Tax from the Subscriber and (b)shall timely remit such Tax to the
applicable taxing authority.
41.4 Liabilityfor Uncollected Tax,Interest and Penalty.If the Providing Party has not
received an exemption certificate from the Purchasing Party and the Providing
Party falls to bill the Purchasing Party for any Tax as required by Section 41.1,
then,as between the Providing Party and the Purchasing Party,(a)the
Purchasing Party shall remain liable for such unbilled Tax and (b)the Providing
Party shall be liable for any interest assessed thereon and any penalty assessed
with respect to such unbilled Tax by such authority.If the Providing Party
properly bills the Purchasing Party for any Tax but the Purchasing Party fails to
remit such Tax to the Providing Party as required by Section 41.1,then,as
between the Providing Party and the Purchasing Party,the Purchasing Party
shall be liable for such uncollected Tax and any interest assessed thereon,as
well as any penalty assessed with respect to such uncollected Tax by the
applicable taxing authority.If the Providing Party does not collect any Tax as
required by Section 41.1 because the Purchasing Party has provided such
Providing Party with an exemption certificate that is later found to be inadequate
by a taxing authority,then,as between the Providing Party and the Purchasing
Premiere ID Comp v2.3.doc 21
Party,the Purchasing Party shall be liable for such uncollected Tax and any
interest assessed thereon,as well as any penalty assessed with respect to such
uncollected Tax by the applicable taxing authority.If the Purchasing Party fails to
pay the Receipts Tax as required by Section 41.2,then,as between the
Providing Party and the Purchasing Party,(x)the Providing Party shall be liable
for any Tax imposed on its receipts and (y)the Purchasing Party shall be liable
for any interest assessed thereon and any penalty assessed upon the Providing
Party with respect to such Tax by such authority.If the Purchasing Party fails to
impose and/or collect any Tax from Subscribers as required by Section 41.3,
then,as between the Providing Party and the Purchasing Party,the Purchasing
Party shall remain liable for such uncollected Tax and any interest assessed
thereon,as well as any penalty assessed with respect to such uncollected Tax by
the applicable taxing authority.With respectto any Tax that the Purchasing
Party has agreed to pay,or is requiredto impose on and/or collect from
Subscribers,the Purchasing Party agrees to indemnify and hold the Providing
Party harmless on an after-tax basis for any costs incurred by the Providing Party
as a result of actions taken by the applicable taxing authorityto recover the Tax
from the ProvidingParty due to the failure of the Purchasing Party to timely pay,
or collect and timely remit,such Tax to such authority.In the event either Party
is audited by a taxing authority,the other Party agrees to cooperatefully with the
Party being audited in order to respond to any audit inquiries in a proper and
timely manner so that the audit and/or any resulting controversy may be resolved
expeditiously.
41.5 Tax exemptions and Exemption Certificates.If Applicable Law clearly exempts a
purchase hereunderfrom a Tax,and if such Applicable Law also provides an
exemption procedure,such as an exemption-certificate requirement,then,if the
Purchasing Party complies with such procedure,the Providing Party shall not
collect such Tax during the effective period of such exemption.Such exemption
shall be effective upon receipt of the exemption certificate or affidavit in
accordance with the terms set forth in Section 41.6.If Applicable Law clearly
exempts a purchase hereunder from a Tax,but does not also provide an
exemption procedure,then the Providing Party shall not collect such Tax if the
Purchasing Party (a)furnishes the Providing Party with a letter signed by an
officer requesting such an exemption and citing the provision in the Applicable
Law which clearly allows such exemption and (b)supplies the Providing Party
with an indemnification agreement,reasonably acceptable to the Providing Party
(e.g.,an agreement commonly used in the industry),which holds the Providing
Party harmless on an after-tax basis with respect to its forbearing to collect such
Tax.
41.6 All notices,affidavits,exemption-certificates or other communications required or
permitted to be given by either Party to the other,for purposes of this Section 41,
shall be made in writing and shall be delivered in person or sent by certified mail,
return receipt requested,or registered mail,or a courier service providing proof of
service,and sent to the addressees set forth in Section 29 as well as to the
following:
To Verizon:
Tax Administration
Verizon Communications
1095 Avenue of the Americas
Room 3109
New York,NY 10036
Premiere ID Comp v2.3.doc 22
To Premiere:
Dave Mowery
Director -Accounting
1510 North Hampton Road
Suite 120
DeSoto,Texas 75115
Either Party may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section.Any
notice or other communication shall be deemed to be given when received.
42.Technology Upgrades
Notwithstanding any other provision of this Agreement,Verizon shall have the right to
deploy,upgrade,migrate and maintain its network at its discretion.The Parties
acknowledge that Verizon,at its election,may deploy fiber throughout its network and
that such fiber deployment may inhibit or facilitate Premiere's ability to provide service
using certain technologies.Nothing in this Agreement shall limit Verizon's ability to
modify its network through the incorporation of new equipment or software or otherwise.
Premiere shall be solely responsible for the cost and activities associated with
accommodating such changes in its own network.
43.Territory
43.1 This Agreement applies to the territory in which Verizon operates as an
incumbent Local Exchange Carrier in the State of Idaho.Verizon shall be
obligated to provide Services under this Agreement only within this territory.
43.2 Notwithstanding any other provision of this Agreement,Verizon may terminate
this Agreement as to a specific operating territory or portion thereof if Verizon
sells or otherwise transfers its operations in such territory or portion thereof to a
third-person.Verizon shall provide Premiere with at least 90 calendar days prior
written notice of such termination,which shall be effective upon the date
specified in the notice.
44.Third Party Beneficiaries
Except as expressly set forth in this Agreement,this Agreement is for the sole benefit of
the Parties and their permitted assigns,and nothing herein shall create or be construed
to provide any third-persons (including,but not limited to,Customers or contractors of a
Party)with any rights (including,but not limited to,any third-party beneficiary rights)
hereunder.Except as expressly set forth in this Agreement,a Party shall have no liability
under this Agreement to the Customers of the other Party or to any other third person.
45.251 and 271 Requirements
45.1 The Parties agree that the performance of the terms of this Agreement will satisfy
Verizon's obligations under Section 251 of the Act,and the requirements of the
Checklist under Section 271 of the Act.
45.2 The Parties understand and agree that this Agreement will be filed with the
Commission and may thereafter be filed with the FCC as an integral part of an
application by Verizon or an Affiliate of Verizon pursuant to Section 271(d)of the
Act.In the event that any one or more of the provisions contained herein in
Verizon's reasonable determination is likely to adversely affect the application
Premiere ID Comp v2.3.doc 23
pursuant to Section 271(d)of the Act,the Parties agree to make the revisions
necessaryto eliminate such adverse effect on the application.
46.252(i)Obligations
46.1 To the extent required by Applicable Law,each Party shall comply with Section
252(i)of the Act and Appendix D,Sections 30 through 32,of the Merger Order
("Merger Order MFN Provisions").
46.2 To the extent that the exercise by Premiere of any rights it may have under
Section 252(i)or the Merger Order MFN Provisions results in the rearrangement
of Services by Verizon,Premiere shall be solely liable for all costs associated
therewith,as well as for any termination charges associated with the termination
of existing Verizon Services.
47.Use of Service
Each Party shall make commercially reasonable efforts to ensure that its Customers
comply with the provisions of this Agreement (including,but not limited to the provisions
of applicable Tariffs)applicable to the use of Services purchased by it under this
Agreement.
48.Waiver
A failure or delay of either Party to enforce any of the provisions of this Agreement,or
any right or remedy available under this Agreement or at law or in equity,or to require
performanceof any of the provisions of this Agreement,or to exercise any option which is
provided under this Agreement,shall in no way be construed to be a waiver of such
provisions,rights,remedies or options.
49.Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT,NEITHER PARTY MAKES
OR RECEIVES ANY WARRANTY,EXPRESS OR IMPLIED,WITH RESPECTTO THE
SERVICES PROVIDED,OR TO BE PROVIDED,UNDER THIS AGREEMENT AND THE
PARTIES DISCLAIM ANY OTHER WARRANTIES,INCLUDING BUT NOT LIMITEDTO,
WARRANTIES OF MERCHANTABILITY,WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT,AND
WARRANTIES ARISING BY TRADE CUSTOM,TRADE USAGE,COURSE OF
DEALING OR PERFORMANCE,OR OTHERWISE.
50.Withdrawal of Services
50.1 Notwithstanding anything contained in this Agreement,except as otherwise
required by Applicable Law,Verizon may terminate its offering and/or provision of
any Service under this Agreement upon thirty (30)days prior written notice to
Premiere.
50.2 Notwithstandinganything contained in this Agreement,except as otherwise
required by Applicable Law,Verizon may with thirty (30)days prior written notice
to Premiere terminate any provision of this Agreement that provides for the
payment by Verizon to Premiere of compensation related to traffic,including,but
not limited to,Reciprocal Compensation and other types of compensationfor
termination of traffic delivered by Verizon to Premiere.Following such
termination,except as otherwise agreed in writing by the Parties,Verizon shall
be obligated to provide compensation to Premiere relatedto traffic only to the
extent required by Applicable Law.If Verizon exercises its right of termination
Premiere ID Comp v2.3.doc 24
under this Section,the Parties shall negotiate in good faith appropriate substitute
provisions for compensation related to traffic;provided,however,that except as
otherwise voluntarily agreed by Verizon in writing in its sole discretion,Verizon
shall be obligated to provide compensation to Premiere related to traffic only to
the extent required by Applicable Law.If within thirty (30)days after Verizon's
notice of termination the Parties are unable to agree in writing upon mutually
acceptable substitute provisionsfor compensation related to traffic,either Party
may submit their disagreement to dispute resolution in accordance with Section
14 of this Agreement.
Premiere ID Comp v2.3.doc 25
SIGNATURE PAGE
IN WITNESSWHEREOF,the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
PREM ORK SERVICES VERIZON N S C
Printed:Archie M.Croom Printed:Steven J.Pitterle
Title:Vice President Title:Director -Contract Negotiations
Premiere ID Comp v2.3.doc 26
GLOSSARY
1.General Rule
1.1 The provisions of Sections 1.2 through 1.4 and Section 2 apply with regard to the
Principal Document.Terms used in a Tariff shall have the meanings stated in
the Tariff.
1.2 Unless the context clearly indicates otherwise,when a term listed in this Glossary
is used in the Principal Document,the term shall havethe meaning stated in this
Glossary.A defined term intended to convey the meaning stated in this Glossary
is capitalized when used.Other terms that are capitalized,and not defined in this
Glossary or elsewhere in the Principal Document,shall have the meaning stated
in the Act.Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision.To
the extent that there may be any conflict between a definition set forth in this
Glossary and any definition in a specific provision,the definition set forth in the
specific provision shall control with respect to that provision.
1.3 Unless the context clearly indicates otherwise,any term defined in this Glossary
which is defined or used in the singular shall include the plural,and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
1.4 The words "shall"and "will"are used interchangeably throughout the Principal
Documentand the use of either indicates a mandatory requirement.The use of
one or the other shall not confer a different degree of right or obligationfor either
Party.
2.Definitions
2.1 AJ.
The Communications Act of 1934 (47 U.S.C.§151 et seq.),as from time to time
amended (including,but not limited to,by the TelecommunicationsAct of 1996).
2.2 ADSL (Asymmetrical Diqital Subscriber Line).
A transmission technology on twisted pair copper Loop plant,which transmits an
asymmetrical digital signal of up to 8 Mbps toward the Customer and up to 1
Mbps from the Customer,as specified in ANSI standards T1.413-1998 and Bell
Atlantic Technical Reference TR-72575.
2.3 Affiliate.
Shall havethe meaning set forth in the Act.
2.4 Aaent.
An agent or servant.
2.5 Aqreement.
This Agreement,as defined in Section 1 of the General Terms and Conditions.
Premiere ID Comp v2.3.doc 27
2.6 Ancillarv Traffic.
All traffic that is destined for ancillary services,or that may have special billing
requirements,including but not limited to the following:DirectoryAssistance,
911/E911,Operator Services (IntraLATAcall completion),IntraLATA third party,
collect and calling card,800/888 database query,LIDB,and Voice Information
Services Traffic as described in Section 5 of the Additional Services Attachment.
2.7 ANI (Automatic Number Identification).
The signaling parameter that refers to the number transmitted through the
network identifying the billing number of the calling party.
2.8 Applicablo Law.
All effective laws,government regulations and government orders,applicableto
each Party's performance of its obligations under this Agreement.
2.9 ASR (Access Service Request).
An industry standard form,which contains data elements and usage rules used
by the Parties to add,establish,change or disconnect services or trunks for the
purposes of interconnection.
2.10 BFR (Bona Fide Request).
The process described in the Network Element Attachment that prescribes the
terms and conditions relating to a Party's requestthat the other Party provide a
UNE that it is not otherwise requiredto provide under the terms of this
Agreement.
2.11 Business Day.
Mondaythrough Friday,except for holidays.
2.12 Calendar Quarter.
January through March,April through June,July through September,or October
through December.
2.13 Calendar Year.
January through December.
2.14 CCS (CommonChannel Siqnalinq).
A method of transmitting call set-up and network control data over a digital
signaling network separatefrom the public switched telephone networkfacilities
that carry the actual voice or data content of the call.
2.15 Central Office.
A local switching system for connecting lines to lines,lines to trunks,or trunks to
trunks for the purpose of originating/terminating calls over the public switched
telephone network.A single Central Office may handle several Central Office
codes ("NXX").Sometimes this term is used to refer to a telephone company
building in which switching systems and telephone equipment are installed.
Premiere ID Comp v2.3.doc 28
2.16 Central Office Switch.
A switch used to provide Telecommunications Services,including,but not limited
to,an End Office Switch or a Tandem Switch.A Central Office Switch may also
be employed as a combination End Office/Tandem Office Switch.
2.17 Claims.
Any and all claims,demands,suits,actions,settlements,judgments,fines,
penalties,liabilities,injuries,damages,losses,costs (including,but not limited to,
court costs),and expenses (including,but not limited to,reasonable attorney's
fees).
2.18 CLEC (Competitive Local Exchanqe Carrier).
Any Local Exchange Carrier other than Verizon that is operating as a Local
Exchange Carrier in the territory in which Verizon operates as an ILEC in the
State of Idaho.Premiere is or shortly will become a CLEC.
2.19 CLLI Codes.
Common Language Location Identifier Codes.
2.20 CMDS (Centralized Messaqe Distribution System).
The billing record and clearing house transport system that LECs use to
exchange out collects and in collects as well as Carrier Access Billing System
(CABS)records.
2.21 Commission.
Idaho Public Utilities Commission.
2.22 CPN (Callinq Party Number).
A CCS parameter that identifiesthe calling party's telephone number.
2.23 CPNI (Customer Proprietary Network Information).
Shall havethe meaning set forth in Section 222 of the Act,47 U.S.C.§222.
2.24 Cross Connection.
For a Collocation arrangement,the facilities between the collocating Party's
equipment and the equipment or facilities of the housing Party (such as the
housing Party's digital signal cross connect,Main Distribution Frame,or other
suitable frame or panel).
2.25 Customer.
A third party residence or business end-user subscriber to Telephone Exchange
Services provided by either of the Parties.
2.26 Diqital Siqnal Level.
One of several transmission rates in the time-division multiplex hierarchy.
Premiere ID Comp v2.3.doc 29
2.27 DSO (Diqital Siqnal Level 0).
The 64kbps zero-level signal in the time-division multiplex hierarchy.
2.28 DS1 (Diqital Siqnal Level 1).
The 1.544 Mbps first-level signal in the time-division multiplex hierarchy.
2.29 DS3 (Diqital Siqnal Level 3).
The 44.736 Mbps third-level signal in the time-division multiplex hierarchy.
2.30 EMI (Exchanqe Messaqe Interface).
Standard used for the interexchange of telecommunicationsmessage information
between local exchange carriers and interexchange carriers for billable,non-
billable,sample,settlement and study data.Data is provided between
companies via a unique record layout that contains Customer billing information,
account summary and tracking analysis.EMI format is contained in document
SR-320 published by the Alliance for Telcom Industry Solutions.
2.31 End Office Switch or End Office.
A switching entity that is used to terminate Customer station Loops for the
purpose of interconnectionto each other and to trunks.
2.32 Entrance Facility.
The facilities between a Party's designated premises and the Central Office
serving that designated premises.
2.33 ExchanqeAccess.
Shall havethe meaning set forth in the Act.
2.34 Extended Local Callinq Scope Arranqement.
An arrangement that provides a Customer a local calling scope (Extended Area
Service,"EAS"),outside of the Customer's basic exchange serving area.
Extended Local Calling Scope Arrangements may be either optional or non-
optional."Optional Extended Local Calling Scope Arrangement Traffic"is traffic
that under an optional Extended Local Calling Scope Arrangement chosen by the
Customer terminates outside of the Customer's basic exchange serving area.
2.35 _FQÇ.
The FederalCommunications Commission.
2.36 FCC InternetOrder.
Order on Remand and Report and Order,In the Matter of Implementation of the
Local Competition Provisions in the TelecommunicationsAct of 1996,Intercarrier
Compensation for ISP Bound Traffic,FCC 01-131,CC Docket Nos.96-98 and
99-68,(adopted April 18,2001).
2.37 FCC Requlations.
Premiere ID Comp v2.3.doc 30
The unstayed,effective regulations promulgated by the FCC,as amended from
time to time.
2.38 HDSL (Hiqh-Bit Rate Diqital Subscriber Line).
A transmission technology that transmits up to a DS1 level signal,using any one
of the following line codes:2 Binary/1 Quartenary (2B1Q),Carrierless AM/PM,
Discrete Multitone (DMT),or 3 Binary/1 Octal (3BO).
2.39 IDLC (Integrated Diqital Loop Carrier).
A subscriber Loop carrier system that integrates within the switch at a DSi level,
which is twenty-four (24)Loop transmission paths combined into a 1.544 Mbps
digital signal.
2.40 ILEC (incumbent Local Exchanqe Carrier).
Shall have the meaning stated in the Act.
2.41 Information Access.
The provision of specialized exchange telecommunications services in
connection with the origination,termination,transmission,switching,forwarding
or routing of telecommunications traffic to or from the facilities of a provider of
information services,including a provider of Internet access or Internet
transmission services.
2.42 inside Wire or inside Wirinq.
All wire,cable,terminals,hardware,and other equipment or materials,on the
Customer's side of the Rate Demarcation Point.
2.43 Internet Traffic.
Any traffic that is transmitted to or returned from the Internet at any point during
the duration of the transmission.
2.44 InterLATA Service.
Shall have the meaning set forth in the Act.
2.45 IntraLATA.
Telecommunications that originate and terminate within the same LATA.
2.46 IP (Interconnection Point).
For Reciprocal CompensationTraffic,the point at which a Party who receives
Reciprocal Compensation Traffic from the other Party assesses Reciprocal
Compensation charges for the further transport and termination of that
Reciprocal Compensation Traffic.
2.47 ISDN (Inteqrated Services Diqital Network).
A switched network service providing end-to-end digital connectivityfor the
simultaneous transmission of voice and data.Basic Rate Interface-ISDN(BRI-
ISDN)provides for digital transmission of two (2)64 kbps bearer channels and
Premiere ID Comp v2.3.doc 31
one (1)16 kbps data and signaling channel (2B+D).Primary Rate Interface-
ISDN (PRI-ISDN)providesfor digital transmission of twenty-three (23)64 kbps
bearer channels and one (1)64 kbps data and signaling channel (23B+D).
2.48 IXC (InterexchanqeCarrier).
A Telecommunications Carrier that provides,directly or indirectly,interLATA or
IntraLATA Telephone Toll Services.
2.49 LATA (Local Access and Transport Area).
Shall have the meaning set forth in the Act.
2.50 LEC (Local Exchanqe Carrier).
Shall have the meaning set forth in the Act.
2.51 LERG (Local Exchanqe Routinq Guide).
A Telcordia Technologies reference containing NPA/NXX routing and homing
information.
2.52 LIDB (Line Information Data Base).
Line Information databases which provide,among other things,calling card
validation functionality for telephone line number cards issued by Verizon and
other entities and validation data for collect and third number-billedcalls(e.g.,
data for billed number screening).
2.53 Line Side.
An End Office Switch connection that provides transmission,switching and
optional features suitable for Customer connection to the public switched
network,includingloop start supervision,ground start supervisionand signaling
for BRI-ISDN service.
2.54 Loop.
A transmission path that extends from a Main Distribution Frame,DSX-panel,or
functionally comparable piece of equipment in a Customer's serving End Office,
to the Rate Demarcation Point (or NID if installed at the Rate Demarcation Point)
in or at the Customer's premises.The actual transmission facilities used to
provide a Loop may utilize any of several technologies.
2.55 LSR (Local Service Request).
An industry standard form,which contains data elements and usage rules,used
by the Parties to establish,add,change or disconnect resold
Telecommunications Services and Network Elements.
2.56 MDF (Main Distribution Frame).
The primary point at which outside plant facilities terminate within a Wire Center,
for interconnectionto other Telecommunications facilities within the Wire Center.
The distribution frame used to interconnect cable pairs and line trunk equipment
terminating on a switching system.
Premiere ID Comp v2.3.doc 32
2.57 Measured Internet Traffic.
Dial-up,switched Internet Traffic originated by a Customer of one Party on that
Party's network at a point in a Verizon local calling area,and delivered to a
Customer or an Internet Service Provider served by the other Party,on that other
Party's network at a point in the same Verizon local calling area.Verizon local
calling areas shall be as defined by Verizon.For the purposes of this definition,a
Verizon local calling area includes a Verizon non-optional Extended Local Calling
Scope Arrangement,but does not include a Verizon optional Extended Local
Calling Scope Arrangement.Calls originated on a 1+presubscription basis,or
on a casual dialed (10XXX/101XXXX)basis,are not considered Measured
Internet Traffic.
2.58 MECAB (Multiple Exchange Carrier Access Billinq).
A document prepared by the Billing Committee of the Ordering and Billing Forum
(OBF),which functions under the auspices of the Carrier Liaison Committee
(CLC)of the Alliance for Telecommunications Industry Solutions (ATIS).The
MECAB document,published by Telcordia Technologies as Special ReportSR-
BDS-000983,contains the recommended guidelines for the billing of an
Exchange Access Service provided by two or more LECs,or by one LEC in two
or more states,within a single LATA.
2.59 MECOD (Multiple Exchanqe Carriers Orderinq and Desiqn Guidelines for Access
Services -Industry Support Interface).
A document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum (OBF),which functions under the
auspices of the Carrier Liaison Committee (CLC)of the Alliance for
Telecommunications Industry Solutions (ATIS).The MECOD document,
published by Telcordia Technologies as Special Report SR-STS-002643,
establishes methods for processing orders for Exchange Access Service that is
to be provided by two or more LECs.
2.60 Merqer Order.
The FCC's Order "In re Application of GTE Corporation,Transferor,and Bell
Atlantic Corporation,Transferee,For Consent to Transfer of Control of Domestic
and International Section 214 and 310 Authorizations and Application to Transfer
of a Submarine Cable Landing License",Memorandum Opinion and Order,FCC
CC Docket No.98-184,FCC 00-221 (June 16,2000),as modifiedfrom time to
time.
2.61 NANP (North American Numberinq Plan).
The system of telephone numbering employed in the United States,Canada,
Bermuda,Puerto Rico and certain Caribbean islands.The NANP format is a 10-
digit number that consist of a 3-digit NPA Code (commonly referred to as the
area code),followed by a 3-digit NXX code and 4 digit line number.
2.62 Network Element.
Shall have the meaning stated in the Act.
2.63 NID (Network Interface Device).
The Verizon provided interface terminating Verizon's Telecommunications
Premiere ID Comp v2.3.doc 33
network on the property where the Customer's service is located at a point
determined by Verizon.The NID contains an FCC Part 68 registeredjack from
which Inside Wire may be connected to Verizon's network.
2.64 NPA (Numberinq Plan Area).
Also sometimes referred to as an area code,is the first three-digit indicator of
each 10-digittelephone number within the NANP,There are two general
categories of NPA,"Geographic NPAs"and "Non-Geographic NPAs".A
Geographic NPA is associated with a defined geographic area,and all telephone
numbers bearing such NPA are associated with services providedwithin that
geographic area.A Non-Geographic NPA,also known as a "Service Access
Code"or "SAC Code"is typically associated with a specialized
Telecommunications Service that may be provided across multiple geographic
NPA areas.500,700,800,888 and 900 are examples of Non-Geographic
NPAs.
2.65 NXX,NXX Code,Central Office Code or CO Code.
The three-digit switch entity indicator (i.e.the first three digits of a seven-digit
telephone number).
2.66 Order.
An order or application to provide,change or terminate a Service (including,but
not limited to,a commitment to purchase a stated number or minimum number of
lines or other Services for a stated period or minimum period of time).
2.67 POI (Point of Interconnection).
The physical location where the one Party's facilities physically interconnectwith
the other Party's facilities for the purpose of exchanging traffic.
2.68 _Port.
A line card (or equivalent)and associated peripheral equipment on an End Office
Switch that interconnects individual Loops or individual Customer trunks with the
switching components of an End Office Switch and the associated switching
functionality in that End Office Switch.Each Port is typically associated with one
(or more)telephone number(s)that serves as the Customer's network address.
The Port is part of the provision of unbundled Local Switching Element.
2.69 Principal Document.
This document,including,but not limited to,the Title Page,the Table of
Contents,the Preface,the General Terms and Conditions,the signature page,
this Glossary,the Attachments,and the Appendices to the Attachments
2.70 Providinq Party.
A Party offering or providing a Service to the other Party under this Agreement.
2.71 Purchasinq Party.
A Party requesting or receiving a Service from the other Party under this
Agreement.
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2.72 Rate Center Area.
The geographicarea that has been identified by a given LEC as being
associated with a particular NPA-NXX code assigned to the LEC for its provision
of Telephone Exchange Services.The Rate Center Area is the exclusive
geographic area that the LEC has identified as the area within which it will
provideTelephone Exchange Services bearing the particular NPA-NXX
designation associated with the specific Rate Center Area.
2.73 Rate Center Point.
A specific geographic point,defined by a V&H coordinate,located within the Rate
Center Area and used to measure distance for the purpose of billing for distance-
sensitiveTelephone Exchange Services and Toll Traffic.Pursuant to Telcordia
Practice BR-795-100-100,the Rate Center Point may be an End Office location,
or a "LEC Consortium Point Of Interconnection."
2.74 Rate Demarcation Point.
The physical point in a Verizon provided network facility at which Verizon's
responsibility for maintaining that network facility ends and the Customer's
responsibility for maintaining the remainder of the facility begins,as set forth in
this Agreement,Verizon's applicable Tariffs,if any,or as otherwise prescribed
under Applicable Law.
2.75 Reciprocal Compensation.
The arrangementfor recovering,in accordance with Section 251(b)(5)of the Act,
the FCC Internet Order,and other applicable FCC orders and FCC Regulations,
costs incurred for the transport and termination of Reciprocal Compensation
Traffic originating on one Party's network and terminating on the other Party's
network (as set forth in Section 7 of the InterconnectionAttachment).
2.76 ReciprocalCompensation Traffic.
Telecommunicationstraffic originated by a Customer of one Party on that Party's
network and terminated to a Customer of the other Party on that other Party's
network,except for Telecommunications traffic that is interstate or intrastate
ExchangeAccess,InformationAccess,or exchange services for Exchange
Access or InformationAccess.The determination of whether
Telecommunicationstraffic is Exchange Access or Information Access shall be
based upon Verizon's local calling areas as defined by Verizon.Reciprocal
CompensationTraffic does ng include:(1)any InternetTraffic;(2)traffic that
does not originate and terminate within the same Verizon local calling area as
defined by Verizon;(3)Toll Traffic,including,but not limited to,calls originated
on a 1+presubscription basis,or on a casual dialed (10XXX/101XXXX)basis;(4)
Optional Extended Local Calling Scope Arrangement Traffic;(5)special access,
private line,Frame Relay,ATM,or any other traffic that is not switched by the
terminating Party;(6)Tandem Transit Traffic;or,(7)Voice Information Service
Traffic (as defined in Section 5 of the Additional Services Attachment).For the
purposes of this definition,a Verizon local calling area includes a Verizon non-
optional Extended Local Calling Scope Arrangement,but does not include a
Verizon optional Extended Local Calling Scope Arrangement.
2.77 Retail Prices.
Premiere ID Comp v2.3.doc 35
The prices at which a Service is provided by Verizon at retail to subscriberswho
are not Telecommunications Carriers.
2.78 Routinq Point.
A specific geographic point identified by a specific V&H coordinate.The Routing
Point is used to route inboundtraffic to specified NPA-NXXs.The Routing Point
must be located within the LATA in which the corresponding NPA-NXX is
located.However,the Routing Point associated with each NPA-NXXneed not
be the same as the corresponding Rate Center Point,nor must it be located
within the corresponding Rate Center Area,nor must there be a unique and
separate Routing Point corresponding to each unique and separate Rate Center
Area.
2.79 Service.
Any Interconnection arrangement,Network Element,Telecommunications
Service,Collocation arrangement,or other service,facility or arrangement,
offered by a Party under this Agreement.
2.80 SS7 (Siqnalinq System 7).
The common channel out-of-band signaling protocol developed by the
Consultative Committee for International Telephone and Telegraph (CCITT)and
the American National Standards Institute (ANSI).Verizon and Premiere
currently utilize this out-of-band signaling protocol.
2.81 Subsidiary.
A corporation or other person that is controlled by a Party.
2.82 Switched Access Detail Usaqe Data.
A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.83 Switched Access Summary Usaqe Data.
A category 1150XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.84 Switched ExchanqeAccess Service.
The offering of transmission and switching services for the purpose of the
origination or termination of Toll Traffic.Switched Exchange Access Services
include but may not be limited to:Feature Group A,FeatureGroup B,Feature
Group D,700 access,800 access,888 access and 900 access.
2.85 Tandem Switch,
A switching entity that has billing and recording capabilities and is used to
connect and switch trunk circuits between and among End Office Switches and
between and among End Office Switches and carriers'aggregation points,points
of termination,or points of presence,and to provide Switched Exchange Access
Services.
2.86 Tariff.
Premiere ID Comp v2.3.doc 36
2.86.1 Any applicable Federal or state tariff of a Party,as amended from time-
to-time;or
2.86.2 Any standard agreement or other document,as amended from time-to-
time,that sets forth the generally available terms,conditions and prices
under which a Party offers a Service.
The term "Tariff"does not include any Verizon statement of generally available
terms (SGAT)which has been approved or is pending approval by the
Commission pursuant to Section 252(f)of the Act.
2.87 Telcordia Technoloqies.
Telcordia Technologies,Inc.,formerly known as Bell Communications Research,
Inc.(Bellcore).
2.88 Telecommunications Carrier.
Shall havethe meaning set forth in the Act.
2.89 Telecommunications Services.
Shall havethe meaning set forth in the Act.
2.90 Telephone Exchanqe Service.
Shall havethe meaning set forth in the Act.
2.91 Third Party Claim.
A Claim where there is (a)a claim,demand,suit or action by a person who is not
a Party,(b)a settlement with,judgment by,or liability to,a personwho is not a
Party,or (c)a fine or penalty imposed by a person who is not a Party.
2.92 Toll Traffic.
Traffic that is originated by a Customer of one Party on that Party's network and
terminates to a Customer of the other Party on that other Party's network and is
not Reciprocal Compensation Traffic,Measured Internet Traffic,or Ancillary
Traffic.Toll Traffic may be either "IntraLATA Toll Traffic"or "InterLATAToll
Traffic",depending on whether the originating and terminating points are within
the same LATA.
2.93 Toxic or Hazardous Substance.
Any substance designated or defined as toxic or hazardous under any
"Environmental Law"or that poses a risk to human health or safety,or the
environment,and products and materials containing such substance.
"Environmental Laws"means the Comprehensive Environmental Response,
Compensation,and Liability Act,the Emergency Planning and Community Right-
to-Know Act,the Water Pollution Control Act,the Air Pollution Control Act,the
Toxic Substances Control Act,the Resource Conservation and Recovery Act,the
Occupational Safety and Health Act,and all other Federal,Sate or local laws or
governmental regulations or requirements,that are similar to the above-
referenced laws or that otherwise govern releases,chemicals,products,
materials or wastes that may pose risks to human health or safety,or the
environment,or that relate to the protection of wetlands or other natural
Premiere ID Comp v2.3.doc 37
resources.
2.94 Traffic Factor 1.
For traffic exchanged via Interconnection Trunks,a percentage calculated by
dividing the number of minutes of interstate traffic (excluding Measured Internet
Traffic)by the total number of minutes of interstate and intrastate traffic.
([Interstate Traffic Total Minutes of Use {excluding Measured InternetTraffic
Total Minutes of Use}÷{lnterstate Traffic Total Minutes of Use +Intrastate Traffic
Total Minutes of Use}]x 100).Until the form of a Party's bills is updated to use
the term "Traffic Factor 1,"the term "Traffic Factor 1"may be referredto on the
Party's bills and in billing related communications as "Percent interstate Usage"
or "PIU."
2.95 Traffic Factor 2.
For traffic exchangevia InterconnectionTrunks,a percentage calculated by
dividing the combined total number of minutes of Reciprocal Compensation
Traffic and Measured Internet Traffic by the total number of minutes of intrastate
traffic.([{ReciprocalCompensation Traffic Total Minutes of Use +Measured
Internet Traffic Total Minutes of Use}÷ Intrastate Traffic Total Minutes of Use]x
100).Until the form of a Party's bills is updated to use the term "Traffic Factor 2,"
the term "Traffic Factor 2"may be referredto on the Party's bills and in billing
related communications as "Percent Local Usage"or "PLU."
2.96 Trunk Side.
A Central Office Switch connection that is capable of,and has been programmed
to treat the circuit as,connecting to another switching entity,for example,to
another carrier's network.Trunk side connections offer those transmission and
signaling features appropriate for the connection of switching entities and cannot
be used for the direct connection of ordinary telephone station sets.
2.97 UDLC (Universal Diqital Loop Carrier).
UDLC arrangements consist of a Central Office Terminal and a Remote Terminal
located in the outside plant or at a customer premises.The Central Office and
the Remote Terminal units perform analog to digital conversionsto allow the
feeding facility to be digital.UDLC is deployed where the types of services to be
provisioned by the systems cannot be integratedsuch as non-switchedservices
and UNE Loops.
2.98 V and H Coordinates Method.
A method of computing airline miles between two points by utilizing an
establishedformula that is based on the vertical and horizontal coordinates of the
two points.
2.99 Voice Grade.
Either an analog signal of 300 to 3000 Hz or a digital signal of 56/64 kilobits per
second.When referring to digital Voice Grade service (a 56-64 kbps channel),
the terms "DSO"or "sub-DS1"may also be used.
2.100 Wire Center.
Premiere ID Comp v2.3.doc 38
A building or portion thereof which serves as the premises for one or more
Central Office Switches and relatedfacilities.
Premiere ID Comp v2.3.doc 39
ADDITIONAL SERVICES ATTACHMENT
1.Alternate Billed Calls
1.1 The Parties will engage in settlements of intraLATAintrastate alternate-billedcalls
(gg,collect,calling card,and third-party billed calls)originated or authorized by
their respective Customers in accordancewith an arrangementmutually agreedto
by the Parties.
2.Dialing Parity -Section 251(b)(3)
Each Party shall provide the other Party with nondiscriminatoryaccess to such services.
and information as are necessary to allowthe other Party to implement local Dialing
Parity in accordance with the requirements of Section 251(b)(3)of the Act.
3.Directory Assistance (DA)and Operator Services (OS)
3.1 Either Party may request that the other Party provide the requesting Party with
nondiscriminatoryaccess to the other Party's directory assistance services (DA),
IntraLATAoperator call completion services (OS),and/or directory assistance
listings database.If either Party makes such a request,the Parties shall enter
into a mutually acceptable written agreement for such access.
3.2 Premiere shall arrange,at its own expense,the trunking and other facilities
required to transport traffic to and from the designated DA and OS switch
locations.
4.Directory Listing and Directory Distribution
To the extent required by Applicable Law,Verizon will provide directory services to
Premiere.Such services will be provided in accordance with the terms set forth herein.
4.1 Listinq Information.
As used herein,"Listing Information"means a Premiere Customer's primary
name,address (including city,state and zip code),telephone number(s),the
delivery address and number of directories to be delivered,and,in the case of a
business Customer,the primary business heading under which the business
Customer desires to be placed,and any other informationVerizon deems
necessaryfor the publicationand delivery of directories.
4.2 Listinq Information Supply.
Premiere shall provide to Verizon on a regularly scheduled basis,at no charge,
and in a format required by Verizon or by a mutually agreed upon industry
standard (e.g.,Ordering and Billing Forum developed),all Listing Information and
the service address for each Premiere Customer whose service address location
falls within the geographic area covered by the relevant Verizon directory.
Premiere shall also provide to Verizon on a daily basis,(a)information showing
Premiere Customers who have disconnected or terminated their service with
Premiere;and (b)delivery information for each non-listed or non-published
Premiere Customer to enable Verizon to perform its directory distribution
responsibilities.Verizon shall promptly provide to Premiere,(normally within
forty-eight (48)hours of receipt by Verizon,excluding non-Business Days),a
query on any listing that is not acceptable.
Premiere ID Comp v2.3.doc 40
4.3 Listinq Inclusion and Distribution.
Verizon shall include each PremiereCustomer's Primary Listing in the
appropriate alphabetical directory and,for business Customers,in the
appropriate classified (Yellow Pages)directory in accordance with the directory
configuration,scope and schedules determined by Verizon in its sole discretion,
and shall provide initial distribution of such directories to such Premiere
Customers in the same manner it provides initial distribution of such directories to
its own Customers."Primary Listing"means a Customer's primary name,
address,and telephone number.Listings of Premiere's Customers shall be
interfiled with listings of Verizon's Customers and the Customers of other LECs
included in the Verizon directories.Premiere shall pay Verizon's tariffed charges
for additional and foreign alphabetical listings and other alphabetical services
(e.g.caption arrangements)for Premiere's Customers.
4.4 Verizon Information.
Upon request by Premiere,Verizon shall make available to Premiere the
following information to the extent that Verizon provides such information to its
own business offices:a directory list of relevant NXX codes,directory and
"Customer Guide"close dates,publishing data,and Yellow Pages headings.
Verizon also will make available to Premiere,upon written request,a copy of
Verizon's alphabetical listings standards and specifications manual.
4.5 Confidentiality of Listinq Information.
Verizon shall accord Premiere Listing Information the same level of confidentiality
that Verizon accords its own listing information,and shall use such Listing
Informationsolely for the purpose of providingdirectory-related services;
provided,however,that should Verizon elect to do so,it may use or license
Premiere Listing Informationfor directory publishing,direct marketing,or any
other purposefor which Verizon uses or licenses its own listing information,so
long as Premiere Customers are not separately identified as such;and provided
further that Premiere may identify those of its Customers who request that their
names not be sold for direct marketing purposes,and Verizon shall honor such
requests to the same extent it does so for its own Customers.Verizon shall not
be obligated to compensate Premiere for Verizon's use or licensing of Premiere
Listing Information.
4.6 Accuracy.
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of Premiere Customer listings.At Premiere's request,Verizon shall
provide Premiere with a report of all PremiereCustomer listings normally no
more than ninety (90)days and no less than thirty (30)days prior to the service
order close date for the applicable directory.Verizon shall process any
corrections made by Premierewith respect to its listings,provided such
corrections are received prior to the close date of the particular directory.
4.7 Indemnification.
Premiere shall adhere to all practices,standards,and ethical requirements
established by Verizon with regard to listings.By providing Verizon with Listing
Information,Premiere warrants to Verizon that Premiere has the right to provide
such Listing Information to Verizon on behalf of its Customers.Premiere shall
make commercially reasonable efforts to ensure that any business or person to
Premiere ID Comp v2.3.doc 41
be listed is authorized and has the right (a)to provide the product or service
offered,and (b)to use any personal or corporate name,trade name,trademark,
service mark or language used in the listing.Premiere agrees to release,
defend,hold harmless and indemnify Verizon from and against any and all
claims,losses,damages,suits,or other actions,or any liability whatsoever,
suffered,made,instituted,or asserted by any person arising out of Verizon's
publicationor dissemination of the Listing information as provided by Premiere
hereunder.
4.8 Liability.
Verizon's liability to Premiere in the event of a Verizon error in or omission of a
listing shall not exceed the lesser of the amount of charges actually paid by
Premierefor such listing or the amount by which Verizon would be liable to its
own customer for such error or omission.Premiere agrees to take all reasonable
steps,including,but not limited to,entering into appropriate contractual
provisions with its Customers,to ensure that its and Verizon's liability to
Premiere's Customers in the event of a Verizon error in or omission of a listing
shall be subject to the same limitations of liability applicable between Verizon and
its own Customers.
4.9 Service Information Paqes.
Verizon shall include all Premiere NXX codes associated with the geographic
areas to which each directory pertains,to the extent it does so for Verizon's own
NXX codes,in any lists of such codes that are contained in the general reference
portion of each directory.Premiere's NXX codes shall appear in such lists in the
same manner as Verizon's NXX information.In addition,when Premiere is
authorized to,and is offering,local service to Customers located within the
geographic area covered by a specific directory,at Premiere's request,Verizon
shall include,at no charge,in the "Customer Guide"or comparable section of the
applicable alphabetical directories,Premiere's critical contact informationfor
Premiere's installation,repair and Customer service,as provided by Premiere.
Such critical contact information shall appear alphabetically by local exchange
carrier and in accordance with Verizon's generally applicable policies.Premiere
shall be responsible for providingthe necessary information to Verizon by the
applicable close date for each affected directory.
4.10 Directory Publication.
Nothing in this Agreement shall require Verizon to publish a directory where it
would not otherwise do so.
4.11 Other Directory Services.
Premiere acknowledges that if Premiere desires directory services in addition to
those described herein,such additional services must be obtained under
separate agreement with Verizon's directory publishing company.
5.Voice Information Service Traffic
5.1 For purposes of this Section 5,(a)Voice Information Service means a service
that provides [i]recorded voice announcement information or [ii]a vocal
discussion program open to the public,and (b)Voice Information Service Traffic
means intraLATA switched voice traffic,delivered to a Voice Information Service.
Voice Information Service Traffic does not include any form of InternetTraffic.
Premiere ID Comp v2.3.doc 42
Voice Information Service Traffic also does not include 555 traffic or similar traffic
with AIN service interfaces,which traffic shall be subject to separate
arrangements between the Parties.Voice Information Service Traffic is not
subject to Reciprocal Compensation charges under Section 7 the Interconnection
Attachment.
5.2 If a Premiere Customer is served by resold Verizon dial tone line
Telecommunications Service or a Verizon Local Switching UNE,to the extent
reasonablyfeasible,Verizon will route Voice InformationServiceTraffic
originatingfrom such Service or UNE to the appropriate Voice Information
Service connected to Verizon's network unless a feature blocking such Voice
Information Service Traffic has been installed.For such Voice information
Service Traffic,Premiere shall pay to Verizon without discount any Voice
Information Service provider charges billed by Verizon to Premiere.Premiere
shall pay Verizon such charges in full regardless of whether or not Premiere
collects such charges from its own Customer.
5.3 Premiereshall have the option to route Voice Information ServiceTraffic that
originates on its own network to the appropriate Voice Information Service
connected to Verizon's network.In the event Premiere exercises such option,
Premierewill establish,at its own expense,a dedicated trunk groupto the
Verizon Voice Information Service serving switch.This trunk group will be
utilized to allow Premiere to routeVoice Information Service Traffic originated on
its network to Verizon.For such Voice Information Service Traffic,unless
Premiere has entered into a written agreement with Verizon under which
Premierewill collect from Premiere's Customer and remit to Verizon the Voice
Information Service provider's charges,Premiere shall pay to Verizon without
discount any Voice Information Service provider charges billed by Verizon to
Premiere.Premiere shall pay Verizon such charges in full regardlessof whether
or not Premiere collects such charges from its own Customer.
6.Intercept and Referral Announcements
6.1 When a Customer changes its service provider from Verizon to Premiere,or from
Premiereto Verizon,and does not retain its original telephone number,the Party
formerly providing service to such Customer shall provide a referral
announcement ("ReferralAnnouncement")on the abandoned telephone number
which provides the Customer's new number or other appropriate information,to
the extent known to the Party formerly providing service.Notwithstandingthe
foregoing,a Party shall not be obligated under this Section to provide a Referral
Announcement if the Customer owes the Party unpaid overdue amounts or the
Customer requests that no Referral Announcement be provided.
6.2 Referral Announcements shall be provided,in the case of business Customers,
for a period of not less than one hundred and twenty (120)days after the date the
Customer changes its telephone number,and,in the case of residential
Customers,not less than thirty (30)days after the date the Customer changes its
telephone number;provided that if a longertime period is required by Applicable
Law,such longer time period shall apply.Except as otherwise provided by
Applicable Law,the period for a referral may be shortened by the Party formerly
providing service if a number shortage condition requires reassignment of the
telephone number.
6.3 This referral announcement will be provided by each Party at no charge to the
other Party;provided that the Party formerly providing service may bill the
Customer its standard Tariff charge,if any,for the referral announcement.
Premiere ID Comp v2.3.doc 43
7.Originating Line Number Screening (OI NS)
Upon Premiere's request,Verizon will update its database used to provide originating line
number screening (the database of informationwhich indicates to an operator the
acceptable billing methods for calls originating from the calling number (e.g.,penal
institutions,COCOTS).
8.Operations Support Systems (OSS)Services
8.1 Definitions.
The terms listed below shall have the meanings stated below:
8.1.1 Verizon Operations Support Systems:Verizon systems for pre-ordering,
ordering,provisioning,maintenance and repair,and billing.
8.1.2 Verizon OSS Services:Access to Verizon Operations Support Systems
functions.The term "Verizon OSS Services"includes,but is not limited
to:(a)Verizon's provision of Premiere Usage Informationto Premiere
pursuant to Section 8.3 below;and,(b)"Verizon OSS Information",as
defined in Section 8.1.4 below.
8.1.3 Verizon OSS Facilities:Any gateways,interfaces,databases,facilities,
equipment,software,or systems,used by Verizon to provideVerizon
OSS Services to Premiere.
8.1.4 Verizon OSS Information:Any information accessed by,or disclosed or
provided to,Premiere through or as a part of Verizon OSS Services.
The term "Verizon OSS Information"includes,but is not limited to:(a)
any Customer Information related to a Verizon Customer or a Premiere
Customer accessed by,or disclosed or provided to,Premierethrough
or as a part of Verizon OSS Services;and,(b)any Premiere Usage
Information (as defined in Section 8.1.6 below)accessed by,or
disclosed or provided to,Premiere.
8.1.5 Verizon Retail Telecommunications Service:Any Telecommunications
Service that Verizon provides at retail to subscribers that are not
Telecommunications Carriers.The term "Verizon Retail
Telecommunications Service"does not include any ExchangeAccess
service (as defined in Section 3(16)of the Act,47 U.S.C.§153(16))
provided by Verizon.
8.1.6 Premiere Usaqe Information:For a Verizon Retail Telecommunications
Service purchased by Premiere pursuant to the Resale Attachment,
the usage information that Verizon would record if Verizon was
furnishing such Verizon Retail Telecommunications Serviceto a
Verizon end-user retail Customer.For a Verizon Local Switching
Network Element purchased by Premiere pursuant to the Network
Element Attachment,the usage information that Verizon would record
if Verizon was using such Local Switching Network Element to furnish
a Verizon Retail Telecommunications Service to a Verizon end-user
retail Customer.
8.1.7 Customer Information:CPNI of a Customer and any other non-public,
individually identifiable information about a Customer or the purchase
by a Customer of the services or products of a Party.
Premiere ID Comp v2.3.doc 44
8.2 Verizon OSS Services.
8.2.1 Upon request by Prerniere,Verizon shall provideto PremiereVerizon
OSS Services.Such Verizon OSS Services will be provided in
accordance with,but only to the extent required by,Applicable Law.
8.2.2 Subjectto the requirements of Applicable Law,Verizon Operations
Support Systems,Verizon Operations Support Systems functions,
Verizon OSS Facilities,Verizon OSS Information,and the Verizon
OSS Services that will be offered by Verizon,shall be as determined
by Verizon.Subject to the requirements of Applicable Law,Verizon
shall have the right to change Verizon Operations Support Systems,
Verizon Operations Support Systems functions,Verizon OSS
Facilities,Verizon OSS Information,and the Verizon OSS Services,
from time-to-time,without the consent of Premiere.
8.2.3 To the extent required by Applicable Law,in providing Verizon OSS
Servicesto Premiere,Verizon will comply with Verizon's applicable
OSS Change Management Guidelines,as such Guidelines are
modified from time-to-time,including,but not limited to,the provisions
of the Guidelines related to furnishing notice of changes in Verizon
OSS Services.Verizon's OSS Change Management Guidelineswill
be set out on a Verizon website.
8.3 Premiere Usage Information.
8.3.1 Upon request by Premiere,Verizon shall provide to PremierePremiere
Usage Information.Such Premiere Usage Informationwill be provided
in accordance with,but only to the extent required by,Applicable Law.
8.3.2 Premiere Usage Information will be available to Premierethrough the
following:
8.3.2.1 Daily Usage File on Data Tape.
8.3.2.2 Daily Usage File through Network Data Mover (NDM).
8.3.3 Premiere Usage Informationwill be provided in an Alliance for
Telecommunications Industry Solutions EMI format.
8.3.4 Daily Usage File Data Tapes provided pursuant to Section 8.3.2.1 above
will be issued each day,Monday through Friday,except holidays
observed by Verizon.
8.3.5 Except as stated in this Section 8.3,subject to the requirements of
Applicable Law,the manner in which,and the frequency with which,
Premiere Usage Information will be provided to Premiere shall be
determined by Verizon.
8.4 Access to and Use of Verizon OSS Facilities.
8.4.1 Verizon OSS Facilities may be accessed and used by Premiereonly to
the extent necessary for Premiere's access to and use of Verizon OSS
Services pursuant to this Agreement.
8.4.2 Verizon OSS Facilities may be accessed and used by Premiere only to
provide Telecommunications Services to Premiere Customers.
Premiere ID Comp v2.3.doc 45
8.4.3 Premiere shall restrict access to and use of Verizon OSF Facilities to
Premiere.This Section 8 does not grant to Premiere any tight or
license to grant sublicenses to other persons,or peimission to other
persons (except Premiere's employees,agents and contractors,in
accordance with Section 8.4.7 below),to access or use Verizon OSS
Facilities.
8.4.4 Premiere shall not (a)alter,modify or damage the Verizon OSS Facilities
(including,but not limited to,Verizon software),(b)copy,remove,
derive,reverse engineer,or decompile,software from the Verizon OSS
Facilities,or (c)obtain access through Verizon OSS Facilities to
Verizon databases,facilities,equipment,software,or systems,which
are not offered for Premiere's use under this Section 8.
8.4.5 Premiere shall comply with all practices and procedures established by
Verizon for access to and use of Verizon OSS Facilities (including,but
not limited to,Verizon practices and procedureswith regard to security
and use of access and user identification codes).
8.4.6 All practices and procedures for access to and use of Verizon OSS
Facilities,and all access and user identification codes for Verizon OSS
Facilities:(a)shall remain the property of Verizon;(b)shall be used by
Premiere only in connection with Premiere's use of Verizon OSS
Facilities permitted by this Section 8;(c)shall be treated by Premiere
as Confidential Information of Verizon pursuant to Section 10 of the
General Terms and Conditions;and,(d)shall be destroyed or returned
by Premiere to Verizon upon the earlier of request by Verizon or the
expiration or termination of this Agreement.
8.4.7 Premiere's employees,agents and contractors may access and use
Verizon OSS Facilities only to the extent necessary for Premiere's
access to and use of the Verizon OSS Facilities permitted by this
Agreement.Any access to or use of Verizon OSS Facilities by
Premiere's employees,agents,or contractors,shall be subject to the
provisions of this Agreement,including,but not limited to,Section 10 of
the General Terms and Conditions and Section 8.5.2.3 of this
Attachment.
8.5 Verizon OSS Information.
8.5.1 Subject to the provisions of this Section 8,in accordance with,but only to
the extent required by,Applicable Law,Verizon grants to Premierea
non-exclusive license to use Verizon OSS Information.
8.5.2 All Verizon OSS Information shall at all times remain the property of
Verizon.Except as expressly stated in this Section 8,Premiere shall
acquire no rights in or to any Verizon OSS Information.
8.5.2.1 The provisions of this Section 8.5.2 shall apply to all
Verizon OSS Information,except (a)Premiere Usage
Information,(b)CPNI of Premiere,and (c)CPNI of a
Verizon Customer or a Premiere Customer,to the extent
the Customer has authorized Premiere to use the CPNI.
8.5.2.2 Verizon OSS Information may be accessed and used by
Premiere only to provide Telecommunications Services to
Premiere Customers.
Premiere ID Comp v2.3.doc 46
8.5.2.3 Premiere shall treat Verizon OSS Informationthat is
designated by Verizon,through written or electronic notice
(including,but not limited to,through the Verizon OSS
Services),as "Confidential"or "Proprietary"as Confidential
Information of Verizon pursuant to Section 10 of the
General Terms and Conditions.
8.5.2.4 Except as expressly stated in this Section 8,this Agreement
does not grant to Premiere any right or license to grant
sublicenses to other persons,or permission to other
persons (except Premiere's employees,agents or
contractors,in accordance with Section 8.5.2.5 below),to
access,use or disclose Verizon OSS Information.
8.5.2.5 Premiere's employees,agents and contractors may access,
use and disclose Verizon OSS Informationonly to the
extent necessary for Premiere's access to,and use and
disclosure of,Verizon OSS Information permitted by this
Section 8.Any access to,or use or disclosure of,Verizon
OSS Information by Premiere's employees,agents or
contractors,shall be subject to the provisions of this
Agreement,including,but not limited to,Section 10 of the
General Terms and Conditions and Section 8.5.2.3 above.
8.5.2.6 Premiere's license to use Verizon OSS Information shall
expire upon the earliest of:(a)the time when the Verizon
OSS Information is no longer needed by Premiereto
provide Telecommunications Services to Premiere
Customers;(b)termination of the license in accordance with
this Section 8;or (c)expiration or termination of this
Agreement.
8.5.2.7 All Verizon OSS Information received by Premiere shall be
destroyed or returned by Premiere to Verizon,upon
expiration,suspension or termination of the license to use
such Verizon OSS Information.
8.5.3 Unless sooner terminated or suspended in accordance with this
Agreement or this Section 8 (including,but not limited to,Section 2.2 of
the General Terms and Conditions and Section 8.6.1 below),
Premiere's access to Verizon OSS Information through Verizon OSS
Services shall terminate upon the expiration or termination of this
Agreement.
8.5.4 Audits.
8.5.4.1 Verizon shall have the right (but not the obligation)to audit
Premiere to ascertain whether Premiere is complying with
the requirements of Applicable Law and this Agreement with
regard to Premiere 's access to,and use and disclosure of,
Verizon OSS Information.
8.5.4.2 Without in any way limiting any other rights Verizon may
have under this Agreement or Applicable Law,Verizon shall
have the right (but not the obligation)to monitor Premiere 's
access to and use of Verizon OSS Information which is
made available by Verizon to Premiere pursuant to this
Premiere ID Comp v2.3.doc 47
Agreement,to ascertain whether Premiere is complying with
the requirements of Applicable Law and this Agreement,
with regard to Premiere 's access to,and use and
disclosure of,such Verizon OSS Information.The foregoing
right shall include,but not be limited to,the right (but not the
obligation)to electronically monitor Premiere 's access to
and use of Verizon OSS Informationwhich is made
available by Verizon to Premiere through Verizon OSS
Facilities.
8.5.4.3 Information obtained by Verizon pursuant to this Section
8.5.4 shall be treated by Verizon as Confidential Information
of Premiere pursuant to Section 10 of the General Terms
and Conditions;provided that,Verizon shall have the right
(but not the obligation)to use and disclose information
obtained by Verizon pursuant to this Section 8.5,4 to
enforce Verizon's rights under this Agreement or Applicable
Law.
8.5.5 Premiere acknowledges that the Verizon OSS Information,by its nature,
is updated and corrected on a continuous basis by Verizon,and
therefore that Verizon OSS Information is subject to change from time
to time.
8.6 Liabilities and Remedies.
8.6.1 Any breach by Premiere,or Premiere's employees,agents or
contractors,of the provisions of Sections 8.4 or 8.5 above shall be
deemed a material breach of this Agreement.In addition,if Premiere
or an employee,agent or contractor of Premiere at any time breaches
a provision of Sections 8.4 or 8.5 above and such breach continuesfor
more than ten (10)days after written notice thereof from Verizon,then,
except as otherwise required by Applicable Law,Verizon shall have
the right,upon notice to Premiere,to suspend the license to use
Verizon OSS Information granted by Section 8.5.1 above and/or the
provision of Verizon OSS Services,in whole or in part.
8.6.2 Premiere agrees that Verizon would be irreparably injured by a breach of
Sections 8.4 or 8.5 above by Premiere or the employees,agents or
contractors of Premiere,and that Verizon shall be entitled to seek
equitable relief,including injunctive relief and specific performance,in
the event of any such breach.Such remedies shall not be deemed to
be the exclusive remedies for any such breach,but shall be in addition
to any other remedies available under this Agreement or at law or in
equity.
8.7 Relationto Applicable Law.
The provisionsof Sections 8.4,8.5 and 8.6 above with regard to the
confidentiality of information shall be in addition to and not in derogation of any
provisions of Applicable Law with regard to the confidentiality of information,
including,but not limited to,47 U.S.C.§222,and are not intended to constitute a
waiver by Verizon of any right with regard to protection of the confidentiality of
the informationof Verizon or Verizon Customers provided by Applicable Law.
8.8 Cooperation.
Premiere ID Comp v2.3.doc 48
Premiere,at Premiere's expense,shall reasonably cooperate with Verizon in
using Verizon OSS Services.Such cooperation shall include,but not be limited
to,the following:
8.8.1 Upon request by Verizon,Premiere shall by no later than the fifteenth
(15th)day of the last month of each Calendar Quarter submit to
Verizon reasonable,good faith estimates of the volume of each type of
OSS transaction that Premiere anticipates submitting in each week of
the next Calendar Quarter.
8.8.2 Premiere shall reasonably cooperate with Verizon in submitting orders
for Verizon Services and otherwise using the Verizon OSS Services,in
order to avoid exceeding the capacity or capabilities of such Verizon
OSS Services.
8.8.3 Premiereshall participate in cooperative testing of Verizon OSS Services
and shall provide assistance to Verizon in identifying and correcting
mistakes,omissions,interruptions,delays,errors,defects,faults,
failures,or other deficiencies,in Verizon OSS Services.
8.9 Verizon Access to Information Related to Premiere Customers.
8.9.1 Verizon shall have the right to access,use and disclose information
related to Premiere Customers that is in Verizon's possession
(including,but not limited to,in Verizon OSS Facilities)to the extent
such access,use and/or disclosure has been authorized by the
Premiere Customer in the manner required by Applicable Law.
8.9.2 Upon request by Verizon,Premiere shall negotiate in good faith and
enter into a contract with Verizon,pursuant to which Verizon may
obtain access to Premiere's operations support systems (including,
systems for pre-ordering,ordering,provisioning,maintenance and
repair,and billing)and information contained in such systems,to
permit Verizon to obtain information relatedto Premiere Customers (as
authorized by the applicable Premiere Customer),to permit Customers
to transfer service from one Telecommunications Carrier to another,
and for such other purposes as may be permitted by Applicable Law.
8.10 Verizon Pre-OSS Services.
8.10.1 As used in this Section 8,"Verizon Pre-OSS Service"means a service
which allows the performance of an activity which is comparableto an
activity to be performed through a Verizon OSS Service and which
Verizon offers to provide to Premiere prior to,or in lieu of,Verizon's
provision of the Verizon OSS Service to Premiere.The term "Verizon
Pre-OSS Service"includes,but is not limited to,the activity of placing
orders for Verizon Services through a telephone facsimile
communication.
8.10.2 Subject to the requirements of Applicable Law,the Verizon Pre-OSS
Services that will be offered by Verizon shall be as determined by
Verizon and Verizon shall have the right to change Verizon Pre-OSS
Services,from time-to-time,without the consent of Premiere.
8.10.3 Subject to the requirements of Applicable Law,the prices for Verizon
Pre-OSS Services shall be as determined by Verizon and shall be
subject to change by Verizon from time-to-time.
Premiere ID Comp v2.3.doc 49
8.10.4 The provisions of Sections 8.4 through 8.8 above shall also applyto
Verizon Pre-OSS Services.For the purposes of this Section 8.10:(a)
references in Sections 8.4 through 8.8 above to Verizon OSS Services
shall be deemed to include Verizon Pre-OSS Services;and,(b)
references in Sections 8.4 through 8.8 above to Verizon OSS
Information shall be deemed to include information made availableto
Premierethrough Verizon Pre-OSS Services.
8.11 Cancellations.
Verizon may cancel orders for service which have had no activity within thirty-one
(31)consecutive calendar days after the original service due date.
9.Poles,Ducts,Conduits and Rights-of-Way
9.1 Verizon shall afford Premiere non-discriminatory access to poles,ducts,conduits
and rights-of-way owned or controlled by Verizon.Such access shall be
provided in accordance with,but only to the extent required by,Applicable Law,
pursuant to Verizon's applicable Tariffs,or,in the absence of an applicable
Verizon Tariff,Verizon's generally offered form of license agreement,or,in the
absence of such a Tariff and license agreement,a mutually acceptable
agreementto be negotiated by the Parties.
9.2 Premiere shall afford Verizon non-discriminatory access to poles,ducts,conduits
and rights-of-way owned or controlled by Premiere.Such access shall be
provided pursuant to Premiere's applicable Tariffs,or,in the absence of an
applicable PremiereTariff,Premiere's generally offered form of license
agreement,or,in the absence of such a Tariff and license agreement,a mutually
acceptable agreement to be negotiated by the Parties.The terms,conditions
and prices offered to Verizon by Premiere for such access shall be no less
favorable than the terms,conditions and prices offered to Premiere by Verizon
for access to poles,ducts,conduits and rights of way owned or controlled by
Verizon.
10.Telephone Numbers
10.1 This Section applies in connectionwith Premiere Customers served by
Telecommunications Services provided by Verizon to Premierefor resale or a
Local Switching Network Element provided by Verizon to Premiere.
10.2 Premiere's use of telephone numbers shall be subject to Applicable Law the
rules of the North American Numbering Council and the North American
Numbering Plan Administrator,the applicable provisions of this Agreement
(including,but not limited to,this Section 10),and Verizon's practices and
proceduresfor use and assignment of telephone numbers,as amendedfrom
time-to-time.
10.3 Subject to Sections 10.2 and 10.4,if a Customer of either Verizon or Premiere
who is served by a Verizon Telecommunications Service ("VTS")or a Verizon
Local Switching Network Element ("VLSNE")changes the LEC that serves the
Customer using such VTS or VLSNE (including a change from Verizon to
Premiere,from Premiereto Verizon,or from Premiereto a LEC other than
Verizon),after such change,the Customer may continue to use with such VTS or
VLSNE the telephone numbers that were assigned to the VTS or VLSNE for the
use of such Customer by Verizon immediately prior to the change.
Premiere ID Comp v2.3.doc 50
10.4 Verizon shall have the right to change the telephone numbers used by a
Customer if at any time:(a)the Customer requests service at a new location,
that is not served by the Verizon switch and the Verizon rate center from which
the Customer previously had service;(b)continued use of the telephone
numbers is not technically feasible;or,(c)in the case of Telecommunications
Service provided by Verizon to Premiere for resale,the type or class of service
subscribed to by the Customer changes.
10.5 If service on a VTS or VLSNE provided by Verizon to Premiere underthis
Agreement is terminated and the telephone numbers associated with such VTS
or VLSNE have not been ported to a Premiere switch,the telephone numbers
shall be available for reassignment by Verizon to any person to whom Verizon
elects to assign the telephone numbers,including,but not limited to,Verizon,
Verizon Customers,Premiere,or Telecommunications Carriers other than
Verizon and Premiere.
10.6 Premiere may reserve telephone numbers only to the extent Verizon's
Customers may reserve telephone numbers.
11.Routing for Operator Services and Directory Assistance Traffic
For a Verizon Telecommunications Service dial tone line purchased by Premiere for
resale pursuant to the Resale Attachment,upon request by Premiere,Verizon will
establish an arrangement that will permit Premiere to route the Premiere Customer's calls
for operator and directory assistance services to a provider of operator and directory
assistance services selected by Premiere.Verizon will provide this routing arrangement
in accordance with,but only to the extent required by,Applicable Law.Verizon will
provide this routing arrangement pursuant to an appropriate written request submitted by
Premiere and a mutually agreed-upon schedule.This routing arrangement will be
implemented at Premiere's expense,with charges determined on an individual case
basis,In addition to charges for initially establishing the routing arrangement,Premiere
will be responsible for ongoing monthly and/or usage charges for the routing
arrangement.Premiere shall arrange,at its own expense,the trunking and other facilities
required to transport traffic to Premiere's selected provider of operator and directory
assistance services.
Premiere ID Comp v2.3.doc 51
INTERCONNECTIONATTACHMENT
1.General
Each Party ("Providing Party")shall provide to the other Party,in accordance with this
Agreement,the Providing Party's applicable Tariffs,and Applicable Law,interconnection
with the Providing Party's network for the transmission and routing of Telephone
Exchange Service and ExchangeAccess.
2.Methods for Interconnection and Trunk Types
2.1 Methods for Interconnection.
2.1.1 In accordance with,but only to the extent required by,Applicable Law,
the Parties shall provide interconnection of their networks at any
technically feasible point as specified in this Agreement.
2.1.2 Each Party ("Originating Party"),at its own expense,shall providefor
delivery to the relevant IP of the other Party ("Receiving Party")
Reciprocal Compensation Traffic and Measured Internet Traffic that
the Originating Party wishes to deliver to the Receiving Party.
2.1.3 Premiere may use any of the following methods for interconnection with
Verizon:
2.1.3.1 a Collocation arrangement Premiere has established at the
Verizon-IP pursuant to the Collocation Attachment;and/or
2.1.3.2 a Collocation arrangement that has been established
separately at the Verizon-IP by a third party and that is used
by Premiereto interconnectwith Verizon;and/or
2.1.3.3 an Entrance Facility and transport obtained from Verizon
(and any necessary multiplexing)pursuant to the applicable
Verizon access Tariff,from the Premiere network to the
Verizon-IP.
2.1.4 Premiere may order from Verizon,in accordance with the rates,terms
and conditions set forth in this Agreement and applicable Verizon
Tariff(s)(or in the absence of applicable rates,terms and conditions
set forth in this Agreement and Verizon Tariff(s),in accordance with
rates,terms and conditions to be negotiated by the Parties),any of the
methods for interconnection specified in Section 2.1.3 above.
2.1.5 Verizon may use any of the following methods for interconnectionwith
Premiere:
2.1.5.1 a Collocation arrangement Verizon has established at the
Premiere-IP pursuant to the CollocationAttachment,or an
interconnection arrangement Verizon has established at the
Premiere-IP that is operationally equivalent to a Collocation
arrangement (including,but not limited to,a Verizon
provided Entrance Facility);and/or
Premiere ID Comp v2.3.doc 52
2.1.5.2 a Collocation arrangement that has been established
separately at the Premiere-IP by a third party and that is
used by Verizon to interconnect with Premiere;and/or
2.1.5.3 a non-distance sensitive Entrance Facility obtained from
Premiere (and any necessary multiplexing),from the
Verizon network to the Premiere-IP (including,but not
limited to,at Verizon's election,an Entrance Facility
accessed by Verizon through interconnection at a
Collocation arrangement that Premiere has established at a
Verizon Wire Center pursuant to the Collocation
Attachment,or through interconnection at a Collocation
arrangement that has been established separately at a
Verizon Wire Center by a third party and that is used by
Premiere),or an Entrance Facility obtained from a third
party that has established an interconnectionarrangement
with Premiere.
2.1.6 Verizon may order from Premiere,in accordance with the rates,terms
and conditions set forth in this Agreement and applicable Premiere
Tariff(s)(or in the absence of applicable rates,terms and conditions
set forth in this Agreement and Premiere Tariff(s),in accordancewith
rates,terms and conditions to be negotiated by the Parties),any of the
methodsfor interconnection specified in Section 2.1.5 above.
2.2 Trunk Types.
2.2.1 In interconnecting their networks pursuant to this Attachment,the Parties
will use,as appropriate,the following separate and distinct trunk
groups:
2.2.1.1 InterconnectionTrunks for the transmission and routing of
Reciprocal Compensation Traffic,translated LEC IntraLATA
toll free service access code (e.g.,800/888/877)traffic,and
intraLATA Toll Traffic,between their respective Telephone
Exchange Service Customers,Tandem Transit Traffic,and,
Measured Internet Traffic,all in accordance with Sections 5
through 8 of this Attachment;
2.2.1.2 Access Toll Connecting Trunks for the transmission and
routing of Exchange Access traffic,including translated
InterLATAtoll free service access code (e.g.,800/888/877)
traffic,between Premiere Telephone Exchange Service
Customers and purchasers of Switched ExchangeAccess
Service via a Verizon access Tandem in accordance with
Sections 9 through 11 of this Attachment;and
2.2.1.3 Miscellaneous Trunk Groups as mutually agreed to by the
Parties,including,but not limited to:(a)choke trunks for
traffic congestion and testing;and,(b)untranslated
IntraLATA/InterLATAtoll free service access code (e.g.
800/888/877)traffic.
2.2.2 Other types of trunk groups may be used by the Parties as provided in
other Attachments to this Agreement (e.g.,911/E911 Trunks;
Information Services Trunks)or in other separate agreements between
Premiere ID Comp v2.3.doc 53
the Parties (e.g.,Directory Assistance Trunks,Operator Services
Trunks,BLV/BLVI Trunks).
2.2.3 Except as otherwise provided in this Agreement,the Parties will mutually
agree upon where One-Way InterconnectionTrunks (trunks with traffic
going in one direction,including one-way trunks and uni-directional
two-way trunks)and/or Two-Way InterconnectionTrunks (trunks with
traffic going in both directions)will be deployed.
2.2.4 In the event the volume of traffic between a Verizon End Office and the
Premiere network,which is carried by a Final Tandem Interconnection
Trunk group,exceeds the Centium Call Second (Hundred Call Second)
busy hour equivalent of one (1)DS-1 at any time and/or 200,000
minutes of use for a single month:(a)if One-Way Interconnection
Trunks are used,the originating Party shall promptly establish new
End Office One-Way InterconnectionTrunk groups between the
Verizon End Office and the Premiere network;or,(b)if Two-Way
interconnection Trunks are used,Premiere shall promptly submit an
ASR to Verizon to establish new End Office Two-Way Interconnection
Trunk group(s)between that Verizon End Office and the Premiere
network.
2.2.5 Except as otherwise agreed in writing by the Parties,the total number of
Tandem InterconnectionTrunks between Premiere's network and a
Verizon Tandem will be limited to a maximum of 240 trunks.In the
event that the volume of traffic between Premiere's network and a
Verizon Tandem exceeds,or reasonably can be expectedto exceed,
the capacity of the 240 trunks,Premiere shall promptly submit an ASR
to Verizon to establish new or additional End Office Trunks to insure
that the volume of traffic between Premiere's network and the Verizon
Tandem does not exceed the capacity of the 240 trunks.
2.3 One-Way InterconnectionTrunks.
2.3.1 Where the Parties have agreed to use One-Way InterconnectionTrunks
for the delivery of traffic from Premiereto Verizon,Premiere,at
Premiere's own expense,shall:
2.3.1.1 provide its own facilities for delivery of the traffic to the
Premiere Collocation arrangement at the Verizon-IP or to
the third-party Collocation arrangement used by Premiereat
the Verizon-IP;and/or
2.3.1.2 obtain transport for delivery of the traffic to the Premiere
Collocation arrangement at the Verizon-IP or to the third-
party Collocation arrangement used by Premiereat the
Verizon-IP (a)from a third-party,or,(b)if Verizon offers
such transport pursuantto this Agreement or an applicable
Verizon Tariff,from Verizon;and/or
2.3.1.3 order the One-Way Trunks from Verizon in accordance with
the rates,terms and conditions set forth in this Agreement
and applicable Verizon Tariffs,for installation on an
Entrance Facility obtained by Premiere from Verizon
pursuant to Sections 2.1.3.3 and 2.1.4,and also order
multiplexing and transport from Verizon pursuant to
Sections 2.1.3.3 and 2.1.4.
Premiere ID Comp v2.3.doc 54
2.3.1.3.1 For each Tandem One -Way Interconnection
Trunk group provided by Verizon to Premiere
with a utilization level of less than sixty percent
(60%),unless the Parties agree otherwise,
Premierewill promptly submit ASRs to
disconnect a sufficient number of
InterconnectionTrunks to attain a utilization
level of approximately sixty percent (60%).
2.3.2 Where the Parties have agreed to use One-Way InterconnectionTrunks
for the delivery of traffic from Verizon to Premiere,Verizon,at
Verizon's own expense,shall:
2.3.2.1 provide its own facilities for delivery of the traffic to the
Verizon Collocation arrangement or interconnection
arrangement at the Premiere-IP or to the third-party
Collocation arrangement used by Verizon at the Premiere-
IP;or
2.3.2.2 obtain transport for delivery of the traffic to the Verizon
Collocation arrangement or interconnection arrangement at
the Premiere-IP or to the third-party Collocation
arrangement used by Verizon at the Premiere-IP (a)from a
third-party,or,(b)if Premiere offers such transport pursuant
to this Agreement or an applicable Premiere Tariff,from
Premiere;or
2.3.2.3 order the One-Way Trunks from Premiere in accordance
with the rates,terms and conditions set forth in this
Agreement and applicable Premiere Tariffs for installation
on an Entrance Facility obtained by Verizonfrom Premiere
pursuant to Sections 2.1.5.3 and 2.1.6,or obtain the One-
Way Trunks from a third-party that has established an
interconnection arrangement with Premiere.
2.4 Two-Way Interconnection Trunks.
2.4.1 Where the Parties have agreed to use Two-Way InterconnectionTrunks
for the exchange of traffic between Verizon and Premiere,Premiere
shall order from Verizon,and Verizon shall provide,the Two-Way
Interconnection Trunks and the Entrance Facility,on which such
Trunks will ride,and transport and multiplexing,in accordance with the
rates,terms and conditions set forth in this Agreement and Verizon's
applicable Tariffs.
2.4.2 Prior to ordering any Two-Way InterconnectionTrunks from Verizon,
Premiere shall meet with Verizon to conduct a joint planning meeting
("Joint Planning Meeting").At that Joint Planning Meeting,each Party
shall provide to the other Party originating Centium Call Second
(Hundred Call Second)information,and the Parties shall mutually
agree on the appropriate initial number of Two-Way End Office and
Tandem InterconnectionTrunks and the interface specifications at the
Point of Interconnection (POI).Where the Parties have agreed to
convert existing One-Way InterconnectionTrunks to Two-Way
Interconnection Trunks,at the Joint Planning Meeting,the Parties shall
also mutually agree on the conversion process and project intervals for
Premiere ID Comp v2.3.doc 55
conversion of such One-Way interconnection Trunks to Two-Way
InterconnectionTrunks.
2.4.3 Two-Way InterconnectionTrunks shall be from a Verizon End Office or
Tandem to a mutually agreed upon POI.
2.4.4 On a semi-annual basis,Premiere shall submit a good faith forecast to
Verizon of the number of End Office and Tandem Two-Way
InterconnectionTrunks that Premiere anticipates Verizon will need to
provide during the ensuing two (2)year period to carry traffic from
Premiereto Verizon and from Verizon to Premiere.Premiere's trunk
forecasts shall conform to the Verizon CLEC trunk forecasting
guidelines as in effect at that time.
2.4.5 The Parties shall meet (telephonicallyor in person)from time to time,as
needed,to review data on End Office and Tandem Two-Way
InterconnectionTrunks to determine the need for new trunk groups
and to plan any necessary changes in the number of Two-Way
InterconnectionTrunks.
2.4.6 Two-Way InterconnectionTrunks shall have SS7 Common Channel
Signaling.The Parties agree to utilize B8ZS and Extended Super
Frame (ESF)DS1 facilities,where available.
2.4.7 With respect to End Office Two-Way InterconnectionTrunks,both
Parties shall use an economic Centium Call Second (Hundred Call
Second)equal to five (5).
2.4.8 Two-Way interconnection Trunk groups that connect to a Verizon access
Tandem shall be engineered using a design blocking objective of Neal-
Wilkenson B.005 during the average time consistent busy hour.Two-
Way InterconnectionTrunk groups that connect to a Verizon local
Tandem shall be engineered using a design blocking objective of Neal-
Wilkenson B.01 during the average time consistent busy hour.Verizon
and Premiere shall engineer Two-Way InterconnectionTrunks using
BOC Notes on the LEC Networks SR-TSV-002275.
2.4.9 The performance standard for final Two-Way InterconnectionTrunk
groups shall be that no such Interconnection Trunk group will exceed
its design blocking objective (B.005 or B.01,as applicable)for three (3)
consecutive calendar traffic study months.
2.4.10 Premiere shall determine and order the number of Two-Way
InterconnectionTrunks that are required to meet the applicable design
blocking objective for all traffic carried on each Two-Way
InterconnectionTrunk group.Premiere shall order Two-Way
InterconnectionTrunks by submitting ASRs to Verizon setting forth the
number of Two-Way InterconnectionTrunks to be installed and the
requested installation dates within Verizon's effective standard
intervals or negotiated intervals,as appropriate.Premiere shall
complete ASRs in accordance with OBF Guidelines as in effect from
time to time.
2.4.11 Verizon may (but shall not be obligated to)monitor Two-Way
interconnection Groups using service results for the applicable design
blocking objective.If Verizon observes blocking in excess of the
applicable design objective on any Tandem Two-Way interconnection
Premiere ID Comp v2.3.doc 56
Trunk group and Premiere has not notified Verizon that it has corrected
such blocking,Verizon may submit to Premiere a Trunk Group Service
Request directing Premiere to remedy the blocking.Upon receipt of a
Trunk Group Service Request,Premiere will complete an ASR to
augment the Two-Way Interconnection Trunk Group with excessive
blocking and submit the ASR to Verizon within five (5)Business Days.
2.4.12 The Parties will review all Tandem Two-Way InterconnectionTrunk
groups that reach a utilization level of seventy percent (70%),or
greater,to determine whether those groups should be augmented.
Premierewill promptly augment all Tandem Two-Way Interconnection
Trunk groups that reach a utilization level of eighty percent (80%)by
submitting ASRs for additional trunks sufficient to attain a utilization
level of approximately seventy percent (70%),unless the Parties agree
that additional trunking is not required.For each Tandem Two-Way
InterconnectionTrunk group with a utilization level of less than sixty
percent (60%),unless the Parties agree otherwise,Premiere will
promptly submit ASRs to disconnect a sufficient number of
InterconnectionTrunks to attain a utilization level of approximately
sixty percent (60%)for each respective group,unless the Parties agree
that the Two-Way Interconnection Trunks should not be disconnected.
In the event Premiere fails to submit an ASR for Two-Way
interconnection Trunks in conformance with this section,Verizon may
bill Premierefor the excess Interconnection Trunks at the applicable
Verizon rates.
2.4.13 Because Verizon will not be in control of when and how many Two-Way
InterconnectionTrunks are established between its network and
Premiere's network,Verizon's performance in connectionwith these
Two-Way Interconnection Trunk groups shall not be subject to any
performance measurements and remedies under this Agreement,and,
except as otherwise required by Applicable Law,under any FCC or
Commission approved carrier-to-carrier performance assurance
guidelines or plan.
2.4.14 Upon three (3)months prior written notice and with the mutual
agreement of the Parties,either Party may withdraw its traffic from a
Two-Way InterconnectionTrunk group and install One-Way
Interconnection Trunks to the other Party's relevant POI,provided that,
if a Party has failed to comply with this Agreement with regard to Two-
Way InterconnectionTrunks,the other Party may upon three (3)
months prior written notice and without mutual agreement of the non-
complying Party,withdraw its traffic from a Two-Way Interconnection
Trunk group and install One-Way Interconnection Trunks to the non-
complying Party's relevant POI.
2.4.15 Premiere will route its traffic to Verizon over the End Office and Tandem
Two-Way Interconnection Trunks in accordance with SR-TAP-000191,
including but not limited to those standards requiring that a call from
Premiere to a Verizon End Office will first be routedto the End Office
InterconnectionTrunk group between Premiere and the Verizon End
Office.
2.4.16 When the Parties implement Two-Way Interconnection Trunks,the
Parties will work cooperatively to calculate a Proportionate Percentage
of Use ("PPU")factor for each facility on which the Two-Way
Interconnection Trunks nde,based on the total number of minutes of
Premiere ID Comp v2.3.doc 57
traffic that each Party sends over the Two-Way InterconnectionTrunks
riding on that facility.Premiere will pay a percentage of Verizon's
monthly recurring chargesfor each facility on which the Two-Way
Interconnection Trunks ride equal to Premiere's percentage of use of
that facility as shown by the PPU.The PPU shall not be applied to
calculate the charges for any portion of a facility that is on Premiere's
side of Premiere's-IP,which charges shall be solely the financial
responsibility of Premiere.During the first full calendar quarter (and
any partial calendar quarter preceding such first full calendar quarter)
after the first Two-Way InterconnectionTrunk is established on a
facility,the PPU for that facility will be fifty percent (50%)for each
Party.For each calendar quarter thereafter,the Parties shall
recalculate the PPU using actual traffic usage data for the preceding
calendar quarter.
Non-recurring charges for the facility on which the Two-Way
Interconnection Trunks ride shall be apportioned as follows:(a)for the
portion of the facility on Verizon's side of the Premiere-lP,Premiere
shall pay fifty percent (50%)of the Verizon non-recurring charges;
and,(b)for the portion of the facility on Premiere's side of the
Premiere-IP,Premiere shall be solely responsiblefor the non-recurring
charges.
Notwithstanding the foregoing provisions of this Section 2.4.16,if
Premierefails to provide Premiere-lPs in accordance with this
Agreement,Premiere will be responsiblefor one hundred percent
(100%)of all recurring and non-recurring charges associated with
Two-Way Interconnection Trunk groups until Premiere establishes
such Premiere-IPs.
3.Alternative InterconnectionArrangements
3.1 In addition to the foregoing methods of interconnection,and subject to mutual
agreement of the Parties,the Parties may agree to establish an End Point Fiber
Meet arrangement,which may include a SONET backbonewith an optical
interface at the OC-n level in accordance with the terms of this Section.The
Fiber Distribution Frame at the Premiere location shall be designated as the POI
for both Parties.
3.2 The establishmentof any End Point Fiber Meet arrangement is expressly
conditioned upon the Parties'reaching prior written agreement on routing,
appropriate sizing and forecasting,equipment,ordering,provisioning,
maintenance,repair,testing,augment,and compensation,procedures and
arrangements,reasonable distance limitations,and on any other arrangements
necessaryto implement the End Point Fiber Meet arrangement.
3.3 Except as otherwise agreed by the Parties,End Point Fiber Meet arrangements
shall be used only for the termination of Reciprocal CompensationTraffic,
Measured Internet Traffic,and intraLATA Toll Traffic.
4.Initiating Interconnection
4.1 If Premiere determines to offer Telephone Exchange Services and to
interconnectwith Verizon in any LATA in which Verizon also offers Telephone
ExchangeServices and in which the Parties are not already interconnected
pursuant to this Agreement,Premiere shall provide written notice to Verizon of
the need to establish Interconnection in such LATA pursuantto this Agreement.
Premiere ID Comp v2.3.doc 58
4.2 The notice provided in Section 4.1 shall include (a)the initial Routing Point(s);(b)
the applicable Premiere-IPsto be established in the relevant LATA in accordance
with this Agreement;(c)Premiere's intended Interconnection activation date;(d)
a forecast of Premiere's trunking requirements conforming to Section 14.3;and
(e)such other information as Verizon shall reasonably request in order to
facilitate Interconnection.
4.3 The interconnectionactivation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Verizon of all necessary information as indicated
above.Within ten (10)Business Days of Verizon's receipt of Premiere's notice
provided for in Section 4.1,Verizon and Premiere shall confirm the Verizon-lP(s),
the Premiere-IP(s)and the mutually agreed upon Interconnection activation date
for the new LATA.
5.Transmission and Routing of Telephone Exchange Service Traffic
5.1 Scope of Traffic.
Section 5 prescribes parameters for InterconnectionTrunks used for
Interconnectionpursuant to Sections 2 through 4 of this Attachment.
5.2 Trunk Group Connections and Orderinq.
5.2.1 For One-Way or Two-Way InterconnectionTrunks,both Parties shall use
either a DS-1 or DS-3 facilities interface at the POI.When and where
an STS-1 interface is available,the Parties may agree to use such an
interface.Upon mutual agreement,the Parties may agree to use an
optical interface (such as OC-n).
5.2.2 When One-Way or Two-Way Interconnection Trunks are provisioned
using a DS-3 interface facility,then Premiere shall order the
multiplexed DS-3 facilities to the Verizon Central Office that is
designated in the NECA 4 Tariff as an Intermediate Hub location,
unless otherwise agreed to in writing by Verizon.The specific NECA 4
Intermediate Hub location to be used for One-Way or Two-Way
InterconnectionTrunks shall be in the appropriate Tandem subtending
area based on the LERG.In the event the appropriate DS-3
Intermediate Hub is not used,then Premiere shall pay 100%of the
facility charges for the One-Way or Two-Way InterconnectionTrunks.
5.2.3 Each Party will identify its Carrier identification Code,a three or four digit
numeric code obtained from Telcordia,to the other Party when
ordering a trunk group.
5.2.4 Unless mutually agreed to by both Parties,each Party will outpulse ten
(10)digits to the other Party.
5.2.5 Each Party will use commercially reasonable efforts to monitor trunk
groups under its control and to augment those groups using generally
accepted trunk engineering standards so as to not exceed blocking
objectives.Each Party agrees to use modular trunk engineering
techniques for trunks subject to this Attachment.
5.3 Switchinq System Hierarchy and Trunkinq Requirements.
For purposes of routing Premiere traffic to Verizon,the subtending arrangements
between Verizon Tandem Switches and Verizon End Office Switches shall be the
Premiere ID Comp v2.3.doc 59
same as the Tandem/End Office subtending arrangements Verizon maintains for
the routing of its own or other carriers'traffic.For purposes of routingVerizon
traffic to Premiere,the subtending arrangements between PremiereTandem
Switches and Premiere End Office Switches shall be the same as the
Tandem/End Office subtending arrangements that Premiere maintainsfor the
routing of its own or other carriers'traffic.
5.4 Siqnalinq.
Each Party will provide the other Party with access to its databases and
associated signaling necessary for the routing and completion of the other
Party's traffic in accordance with the provisions contained in the Unbundled
Network Element Attachment or applicable access tariff.
5.5 Grades of Service.
The Parties shall initially engineer and shall monitor and augment all trunk
groups consistent with the Joint Process as set forth in Section 14.1.
6.Traffic Measurement and Billing over Interconnection Trunks
6.1 For billing purposes,each Party shall pass Calling Party Number (CPN)
information on at least ninety-five percent (95%)of calls carried over the
InterconnectionTrunks.
6.1.1 As used in this Section 6,"Traffic Rate"means the applicable Reciprocal
Compensation Traffic rate,Measured Internet Traffic rate,intrastate
Switched Exchange Access Service rate,interstate Switched
Exchange Access Service rate,or intrastate/interstateTandem Transit
Traffic rate,as provided in the Pricing Attachment,an applicable Tariff,
or,for Measured InternetTraffic,the FCC Internet Order.
6.1.2 If the originating Party passes CPN on ninety-five percent (95%)or more
of its calls,the receiving Party shall bill the originating Party the Traffic
Rate applicable to each relevant minute of traffic for which CPN is
passed.For any remaining (up to 5%)calls without CPN information,
the receiving Party shall bill the originating Party for such traffic at the
Traffic Rate applicable to each relevant minute of traffic,in direct
proportion to the minutes of use of calls passed with CPN information.
6.1.3 If the originating Party passes CPN on less than ninety-five percent
(95%)of its calls and the originating Party chooses to combine
Reciprocal Compensation Traffic and Toll Traffic on the same trunk
group,the receiving Party shall bill the higher of its interstate Switched
Exchange Access Service rates or its intrastate Switched Exchange
Access Services rates for all traffic that is passed without CPN,unless
the Parties agree that other rates should apply to such traffic.
6.2 At such time as a receiving Party has the capability,on an automated basis,to
use such CPN to classify traffic delivered over InterconnectionTrunks by the
other Party by Traffic Rate type (e.g.,Reciprocal Compensation Traffic/Measured
Internet Traffic,intrastate Switched Exchange Access Service,interstate
Switched Exchange Access Service,or intrastatelinterstate Tandem Transit
Traffic),such receiving Party shall bill the originating Party the Traffic Rate
applicable to each relevant minute of traffic for which CPN is passed.If the
receiving Party lacks the capability,on an automated basis,to use CPN
information on an automated basis to classify traffic delivered by the other Party
Premiere ID Comp v2.3.doc 60
by Traffic Rate type,the originating Party will supply Traffic Factor 1 and Traffic
Factor 2.The Traffic Factors shall be supplied in writing by the originating Party
within thirty (30)days of the Effective Date and shall be updated in writing by the
originating Party quarterly.Measurement of billing minutes for purposes of
determining terminating compensation shall be in conversation seconds (the time
in seconds that the Parties equipment is used for a completed call,measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originatingtoll free service access code (e.g.,
800/888/877)calls shall be in accordance with applicable Tariffs.Determinations
as to whether traffic is Reciprocal Compensation Traffic or Measured Internet
Traffic shall be made in accordance with Section 7.3.2.1 below.
6.3 Each Party reserves the right to audit all Traffic,up to a maximum of two audits
per calendar year,to ensure that rates are being applied appropriately;provided,
however,that either Party shall have the right to conduct additional audit(s)if the
preceding audit disclosed material errors or discrepancies.Each Party agrees to
provide the necessary Traffic data in conjunction with any such audit in a timely
manner.
6.4 Nothing in this Agreement shall be construed to limit either Party's ability to
designate the areas within which that Party's Customers may make calls which
that Party rates as "local"in its Customer Tariffs.
7.Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5)of the Act
7.1 Reciprocal CompensationTraffic Interconnection Points.
7.1.1 Except as otherwise agreed by the Parties,the Interconnection Points
("IPs")from which Premiere will provide transport and termination of
Reciprocal Compensation Traffic to its Customers ("Premiere-IPs")
shall be as follows:
7.1.1.1 For each LATA in which Premiere requests to interconnect
with Verizon,except as otherwise agreed by the Parties,
Premiereshall establish a Premiere IP in each Verizon
Local Calling Area (as defined below)where Premiere
chooses to assign telephone numbers to its Customers.
Premiereshall establish such Premiere-IP consistent with
the methods of interconnectionand interconnectiontrunking
architectures that it will use pursuant to Section 2 or Section
3 of this Attachment.For purposes of this Section 7.1.1.1,
Verizon Local Calling Areas shall be as defined in Verizon's
effective Customer tariffs and include a non-optional
Extended Local Calling Scope Arrangement,but do not
include an optional Extended Local Calling Scope
Arrangement.If Premiere fails to establish IPs in
accordance with the preceding sentences of this Section
7.1.1.1,(a)Verizon may pursue available dispute resolution
mechanisms;and,(b)Premiereshall bill and Verizon shall
pay the lesser of the negotiated intercarrier compensation
rate or the End Office Reciprocal Compensation rate for the
relevant traffic less Verizon's transport rate,tandem
switching rate (to the extent traffic is tandem switched),and
other costs (to the extent that Verizon purchasessuch
transport from Premiereor a third party),from the
originating Verizon End Office to the receiving Premiere-IP.
Premiere ID Comp v2.3.doc 61
7.1.1.2 At any time that Premiere establishes a Collocation site at a
Verizon End Office Wire Center in a LATA in which
Premiere is interconnected or requesting interconnection
with Verizon,either Party may request in writing that such
Premiere Collocation site be established as the Premiere-lP
for traffic originated by Verizon Customers served by that
End Office.Upon such request,the Parties shall negotiate
in good faith mutually acceptable arrangements for the
transition to such Premiere-IP.If the Parties have not
reached agreement on such arrangements within thirty (30)
days,(a)either Party may pursue available dispute
resolution mechanisms;and,(b)Premiere shall bill and
Verizon shall pay the lesser of the negotiated intercarrier
compensation rate or the End Office Reciprocal
Compensation rate for the relevant traffic less Verizon's
transport rate,tandem switching rate (to the extent traffic is
tandem switched),and other costs (to the extent that
Verizon purchases such transport from Premiere or a third
party),from the originatingVerizon End Office to the
receiving Premiere-lP.
7.1.1.3 In any LATA where the Parties are already interconnected
priorto the effective date of this Agreement,Premiere may
maintain existing CLEC-lPs,except that Verizon may
request in writing to transition such Premiere-IPs to the
Premiere-IPs described in subsections 7.1.1.1 and 7.1.1.2,
above.Upon such request,the Parties shall negotiate
mutually satisfactory arrangementsfor the transition to
CLEC-IPs that conform to subsections 7.1.1.1 and 7.1.1.2
above.If the Parties have not reached agreement on such
arrangements within thirty (30)days,(a)either Party may
pursue available dispute resolution mechanisms;and,(b)
Premiere shall bill and Verizon shall pay only the lesser of
the negotiated intercarrier compensation rate or the End
Office reciprocal compensation rate for relevant traffic,less
Verizon's transport rate,tandem switching rate (to the
extent traffic is tandem switched),and other costs (to the
extent that Verizon purchases such transport from Premiere
or a third party),from Verizon's originating End Office to the
Premiere IP.
7.1.2 Except as otherwise agreed by the Parties,the Interconnection Points
("lPs")from which Verizon will provide transport and termination of
Reciprocal Compensation Traffic to its Customers ("Verizon-IPs")shall
be as follows:
7.1.2.1 For Reciprocal CompensationTraffic delivered by Premiere
to the Verizon Tandem subtended by the terminating End
Office serving the Verizon Customer,the Verizon-IP will be
the Verizon Tandem switch.
7.1.2.2 For Reciprocal Compensation Traffic delivered by Premiere
to the Verizon terminating End Office serving the Verizon
Customer,the Verizon-IP will be Verizon End Office switch.
7.1.3 Should either Party offer additional IPs to any Telecommunications
Carrier that is not a Party to this Agreement,the other Party may elect
Premiere ID Comp v2.3.doc 62
to deliver traffic to such IPs for the NXXs or functionalities served by
those IPs.To the extent that any such Premiere-IP is not located at a
Collocationsite at a Verizon Tandem Wire Center or Verizon End
Office Wire Center,then Premiere shall permit Verizon to establish
physical Interconnection through collocation or other operationally
comparablearrangements acceptableto Verizon at the Premiere-lP.
7.1.4 Each Party is responsiblefor delivering its Reciprocal Compensation
Traffic that is to be terminated by the other Party to the other Party's
relevant IP.
7.2 Reciprocal Compensation.
The Parties shall compensate each other for the transport and termination of
Reciprocal Compensation Traffic delivered to the terminating Party in accordance
with Section 251(b)(5)of the Act at the rates stated in the Pricing Attachment.
These rates are to be applied at the Premiere-IPfor traffic delivered by Verizon
for termination by Premiere,and at the Verizon-IP for traffic delivered by
Premiere for termination by Verizon.Except as expressly specified in this
Agreement,no additional charges shall apply for the terminationfrom the IP to
the Customer of Reciprocal Compensation Traffic deliveredto the Verizon-lP by
Premiere or the Premiere-IP by Verizon.When such ReciprocalCompensation
Traffic is delivered over the same trunks as Toll Traffic,any port or transport or
other applicable access charges related to the delivery of Toll Traffic from the IP
to an end user shall be prorated to be applied only to the Toll Traffic.The
designation of traffic as Reciprocal Compensation Traffic for purposes of
Reciprocal Compensation shall be based on the actual originating and
terminating points of the complete end-to-end communication.
7.3 Traffic Not Subject to Reciprocal Compensation.
7.3.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access,Information Access,or exchange services for
Exchange Access or Information Access.
7.3.2 Reciprocal Compensation shall not apply to Internet Traffic.
7.3.2.1 The determination of whether traffic is Reciprocal
CompensationTraffic or InternetTraffic shall be performed
in accordance with Paragraphs 8 and 79,and other
applicable provisions,of the FCC Internet Order (including,
but not limited to,in accordance with the rebuttable
presumption established by the FCC InternetOrder that
traffic delivered to a carrier that exceeds a 3:1 ratio of
terminating to originating traffic is Internet Traffic,and in
accordance with the process established by the FCC
Internet Order for rebutting such presumptionbefore the
Commission).
7.3.3 Reciprocal Compensation shall not apply to Toll Traffic,including,but not
limited to,calls originated on a 1+presubscription basis,or on a casual
dialed (10XXX/101XXXX)basis.
7.3.4 Reciprocal Compensation shall not apply to Optional Extended Local
Calling Area Traffic.
Premiere ID Comp v2.3.doc 63
7.3.5 ReciprocalCompensation shall not apply to special access,private line,
or any other traffic that is not switched by the terminating Party.
7.3.6 ReciprocalCompensation shall not apply to Tandem Transit Traffic.
7.3.7 ReciprocalCompensation shall not apply to Voice Information Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
7.4 The ReciprocalCompensation rates (including,but not limited to,the Reciprocal
Compensation per minute of use charges)billed by Premiere to Verizon shall not
exceed the Reciprocal Compensation rates (including,but not limited to,
Reciprocal Compensation per minute of use charges)billed by Verizon to
Premiere.
8.Other Types of Traffic
8.1 Notwithstandingany other provision of this Agreement or any Tariff:(a)the
Parties'rights and obligations with respect to any intercarrier compensationthat
may be due in connection with their exchange of InternetTraffic shall be
governed by the terms of the FCC Internet Order and other applicable FCC
orders and FCC Regulations;and,(b)a Party shall not be obligated to pay any
intercarrier compensationfor Internet Traffic that is in excess of the intercarrier
compensation for Internet Traffic that such Party is required to pay under the
FCC InternetOrder and other applicable FCC orders and FCC Regulations.
8.2 Subject to Section 8.1 above,interstate and intrastate Exchange Access,
InformationAccess,exchange services for Exchange Access or Information
Access,and Toll Traffic,shall be governed by the applicable provisions of this
Agreement and applicable Tariffs.
8.3 For any traffic originating with a third party carrier and delivered by Premiere to
Verizon,Premiere shall pay Verizon the same amount that such third party
carrier would have been obligated to pay Verizon for termination of that traffic at
the location the traffic is delivered to Verizon by Premiere.
8.4 Any traffic not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic.
8.5 Interconnection Points.
8.5.1 The IP of a Party ("Receiving Party")for Measured Internet Traffic
delivered to the Receiving Party by the other Party shall be the same
as the IP of the Receiving Party for Reciprocal Compensation Traffic
under Section 7.1 above.
8.5.2 Except as otherwise set forth in the applicable Tariff of a Party
("ReceivingParty")that receives Toll Traffic from the other Party,the
IP of the Receiving Party for Toll Traffic deliveredto the Receiving
Party by the other Party shall be the same as the IP of the Receiving
Party for Reciprocal Compensation Traffic under Section 7.1 above.
8.5.3 The IP for traffic exchanged between the Parties that is not Reciprocal
Compensation Traffic,Measured Internet Traffic or Toll Traffic,shall be
as specified in the applicable provisions of this Agreement or the
applicable Tariff of the receiving Party,or in the absence of applicable
Premiere ID Comp v2.3.doc 64
provisions in this Agreement or a Tariff of the receiving Party,as
mutually agreed by the Parties.
9.Transmission and Routing of Exchange Access Traffic
9.1 Scope of Traffic.
Section 9 prescribes parameters for certain trunks to be established over the
Interconnectionsspecified in Sections 2 through 5 of this Attachment for the
transmission and routing of traffic between Premiere Telephone Exchange
Service Customers and Interexchange Carriers ("Access Toll Connecting
Trunks"),in any case where Premiere elects to have its End Office Switch
subtend a Verizon Tandem.This includes casually-dialed (1010XXX and
101XXXX)traffic.
9.2 Access Toll Connectinq Trunk Group Architecture.
9.2.1 If Premiere chooses to subtend a Verizon access Tandem,Premiere's
NPA/NXX must be assigned by Premiere to subtend the same Verizon
access Tandem that a Verizon NPA/NXX serving the same Rate
Center Area subtends as identified in the LERG.
9.2.2 Premiere shall establish Access Toll Connecting Trunks pursuantto
applicable access Tariffs by which it will provide Switched Exchange
Access Services to Interexchange Carriers to enable such
Interexchange Carriers to originate and terminate traffic to and from
Premiere's Customers.
9.2.3 The Access Toll Connecting Trunks shall be two-way trunks.Such
trunks shall connect the End Office Premiere utilizes to provide
Telephone Exchange Service and Switched ExchangeAccess to its
Customers in a given LATAto the Tandem Verizon utilizes to provide
Exchange Access in such LATA.
9.2.4 Access Toll Connecting Trunks shall be used solely for the transmission
and routing of Exchange Access to allow Premiere's Customers to
connect to or be connected to the interexchangetrunks of any
Interexchange Carrier which is connected to a Verizon access tandem.
10.Meet-Point Billing Arrangements
10.1 Premiere and Verizon will establish Meet-Point Billing (MPB)arrangements in
order to provide a common transport option to Switched ExchangeAccess
Services customers via a Verizon access Tandem Switch in accordance with the
Meet Point Billing guidelines contained in the OBF's MECAB and MECOD
documents,except as modified herein,and in Verizon's applicable Tariffs.The
arrangements described in this Section 10 are intended to be used to provide
Switched Exchange Access Service where the transport component of the
Switched Exchange Access Service is routed through an access Tandem Switch
that is provided by Verizon.
10.2 In each LATA,the Parties shall establish MPB arrangementsfor the applicable
Premiere Routing Point/Verizon ServingWire Center combinations.
10.3 Interconnectionfor the MPB arrangement shall occur at the Verizon access
Tandems in the LATA,unless otherwise agreed to by the Parties.
Premiere ID Comp v2.3.doc 65
10.4 Premiere and Verizon will use reasonable efforts,individually and collectively,to
maintain provisions in their respective state access Tariffs,and/or provisions
within the National Exchange Carrier Association (NECA)Tariff No.4,or any
successor Tariff sufficient to reflect the MPB arrangements established pursuant
to this Agreement.
10.5 In general,there are four alternative Meet-Point Billing arrangements possible,
which are:Single Bill/Single Tariff,Multiple Bill/Single Tariff,Multiple Bill/Multiple
Tariff,and Single Bill/Multiple Tariff,as outlined in the OBF MECAB Guidelines.
Each Party shall implement the "Multiple Bill/Single Tariff"or "Multiple Bill/Multiple
Tariff"option,as appropriate,in order to bill an IXC for the portion of the MPB
arrangement provided by that Party.Alternatively,in former Bell Atlantic service
areas,upon agreement of the Parties,each Party may use the New York State
Access Pool on its behalf to implement the Single Bill/MultipleTariff or Single
Bill/Single Tariff option,as appropriate,in order to bill an IXC for the portion of
the MPB arrangement provided by that Party.
10.6 The rates to be billed by each Party for the portion of the MPB arrangement
provided by it shall be as set forth in that Party's applicable Tariffs,or other
document that contains the terms under which that Party's access services are
offered.For each Premiere Routing Point/Verizon ServingWire Center
combination,the MPB billing percentages for transport between the Premiere
Routing Point and the Verizon Serving Wire Center shall be calculated in
accordance with the formula set forth in Section 10.17.
10.7 Each Party shall provide the other Party with the billing name,billing address,
and Carrier Identification Code (CIC)of the IXC,and identification of the Verizon
Wire Center serving the IXC in order to comply with the MPB notification process
as outlined in the MECAB document.
10.8 Verizon shall provide Premiere with the Switched Access Detail Usage Data (EMI
category 1101XX records)on magnetic tape or via such other media as the
Parties may agree to,no later than ten (10)Business Days after the date the
usage occurred.
10.9 Premiere shall provide Verizon with the SwitchedAccess Summary Usage Data
(EMI category 1150XX records)on magnetic tape or via such other media as the
Parties may agree,no later than ten (10)Business Days after the date of its
rendering of the bill to the relevant IXC,which bill shall be rendered no less
frequently than monthly.
10.10 All usage data to be provided pursuant to Sections 10.8 and 10.9 shall be sent to
the following addresses:
To Premiere:
Dave Mowery
Director -Accounting
1510 North Hampton Road
Suite 120
DeSoto,Texas 75115
For Verizon (Former GTE service area):
Verizon Data Services
Premiere ID Comp v2.3.doc 66
ATTN:MPB
1 East Telecom Parkway
Dock K
Temple Terrace,FL 33637
Either Party may change its addressfor receiving usage data by notifyingthe
other Party in writing pursuant to Section 29 of the General Terms and
Conditions.
10.11 Premiere and Verizon shall coordinate and exchange the billing account
reference (BAR)and billing account cross reference (BACR)numbers or
Operating Company Number ("OCN"),as appropriate,for the MPB arrangements
described in this Section 10.Each Party shall notify the other if the level of billing
or other BAR/BACR elements change,resulting in a new BAR/BACR number,or
if the OCN changes.
10.12 Each Party agrees to providethe other Party with notification of any errors it
discovers in MPB data within thirty (30)calendar days of the receipt of the
original data.The other Party shall attempt to correct the error and resubmit the
data within ten (10)Business Days of the notification.In the event the errors
cannot be corrected within such ten-(10)Business-Day period,the erroneous
data will be considered lost.In the event of a loss of data,whether due to
uncorrectable errors or otherwise,both Parties shall cooperate to reconstructthe
lost data and,if such reconstruction is not possible,shall accept a reasonable
estimate of the lost data based upon prior usage data.
10.13 Either Party may request a review or audit of the various components of access
recording up to a maximum of two (2)audits per calendar year.All costs
associated with each review and audit shall be borne by the requesting Party.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours.A Party may conduct
additional audits,at its expense,upon the other Party's consent,which consent
shall not be unreasonably withheld.
10.14 Except as expressly set forth in this Agreement,nothing contained in this Section
10 shall create any liability for damages,losses,claims,costs,injuries,expenses
or other liabilities whatsoever on the part of either Party.
10.15 MPB will apply for all traffic bearing the 500,900,toll free service access code
(e.g.800/888/877)(to the extent provided by an IXC)or any other non-
geographic NPA which may be designated for such traffic in the future.
10.16 In the event Premiere determines to offer Telephone Exchange Services in a
LATA in which Verizon operates an access Tandem Switch,Verizon shall permit
and enable Premiere to subtend the Verizon access Tandem Switch(es)
designated for the Verizon End Offices in the area where there are located
Premiere Routing Point(s)associated with the NPA NXX(s)to/from which the
Switched Exchange Access Services are homed.
10.17 Except as otherwise mutually agreed by the Parties,the MPB billing percentages
for each Routing Point/Verizon Serving Wire Center combinationshall be
calculated according to the following formula,unless as mutually agreed to by the
Parties:
a /(a +b)=Premiere Billing Percentage
and
Premiere ID Comp v2.3.doc 67
b /(a +b)=Verizon Billing Percentage
where:
a =the airline mileage between Premiere Routing Point and the
actual point of interconnection for the MPB arrangement;and
b =the airline mileage between the Verizon Serving Wire Center and
the actual point of interconnectionfor the MPB arrangement.
10.18 Premiere shall inform Verizon of each LATA in which it intends to offer
Telephone Exchange Services and its calculation of the billing percentages
which should apply for such arrangement.Within ten (10)Business Days of
Premiere's delivery of notice to Verizon,Verizon and Premiere shall confirm the
Routing Point/Verizon ServingWire Center combination and billing percentages.
11.Toll Free Service Access Code (e.g.,800/888/877)Traffic
The following terms shall apply when either Party delivers toll free service access code
(e.g.,800/877/888)("8YY")calls to the other Party.For the purposes of this Section 11,
the terms "translated"and "untranslated"refers to those toll free service access code
calls that have been queried ("translated")or have not been queried ("untranslated")to
an 8YY database.Except as otherwise agreed to by the Parties,all Premiereoriginating
"untranslated"8YY traffic will be routed over a separate one-way trunk group.
11.1 When Premiere delivers translated 8YY calls to Verizon for completion,
11.1.1 to an IXC,Premiere shall:
11.1.1.1 provide an appropriate EMI record to Verizonfor processing
and Meet Point Billing in accordance with Section 10 above;
and
11.1.1.2 bill the IXC the Premiere query charge associated with the
call.
11.1.2 to Verizon or another LEC that is a toll free service access code service
provider in the LATA,Premiere shall:
11.1.2.1 provide an appropriate EMI record to the toll free service
access code service provider;and
11.1.2.2 bill to the toll free service access code service provider the
Premiere's Tariffed Feature Group D ("FGD")Switched
ExchangeAccess or Reciprocal Compensation charges,as
applicable,and the Premiere query charge;and
11.1.2.3 Verizon shall bill applicable Tandem Transit Service
charges and associated passthrough chargesto Premiere.
11.2 When Verizon performs the query and delivers translated 8YY calls,originated
by Verizon's or another LEC's Customer,
11.2.1 to Premiere in it's capacity as a toll free service access code service
provider,Verizon shall:
Premiere ID Comp v2.3.doc 68
11.2.1.1 bill Premiere the Verizon query charge associated with the
call as specified in the Pricing Attachment;and
11.2.1.2 provide an appropriate EMI record to Premiere;and
11.2.1.3 bill Premiere Verizon's Tariffed FGD Switched Exchange
Access or Reciprocal Compensation charges as applicable.
11.3 When Premiere:delivers untranslated SYY calls to Verizon for completion,
11.3.1 to an IXC,Verizon shall:
11.3.1.1 query the call and route the call to the appropriate IXC;and
11.3.1.2 provide an appropriate EMI record to Premiere to facilitate
billing to the IXC;and
11.3.1.3 bill the IXC the Verizon query charge associated with the
call and any other applicable Verizon charges.
11.3.2 to Verizon or another LEC that is a toll free service access code service
provider in the LATA,Verizon shall:
11.3.2.1 query the call and route the call to the appropriate LEC toll
free service access code service provider;and
11.3.2.2 provide an appropriate EMI record to Premiere;to facilitate
billing to the LEC toll free service access code service
provider;and
11.3.2.3 bill the LEC toll free service access code service provider
the query charge associated with the call and any other
applicable Verizon charges.
11.4 Verizon will not direct untranslated toll free service access code call to Premiere.
12.Tandem Transit Traffic
12.1 As used in this Section 12,Tandem Transit Traffic is Telephone Exchange
Service traffic that originates on Premiere's network,and is transported through a
Verizon Tandem to the Central Office of a CLEC,ILEC other than Verizon,
Commercial Mobile Radio Service (CMRS)carrier,or other LEC,that subtends
the relevant Verizon Tandem to which Premiere delivers such traffic.Neitherthe
originating nor terminating customer is a Customer of Verizon.Subtending
Central Offices shall be determined in accordance with and as identified in the
Local Exchange Routing Guide (LERG).Switched ExchangeAccess Service
traffic is not Tandem Transit Traffic.
12.2 Tandem Transit Traffic Service provides Premiere with the transport of Tandem
Transit Traffic as provided below.
12.3 Tandem Transit Traffic may be routed over the Interconnection Trunks described
in Sections 2 through 6.Premiere shall deliver each Tandem Transit Traffic call
to Verizon with CCS and the appropriate Transactional Capabilities Application
Part ("TCAP")message to facilitate full interoperability of CLASS Features and
billing functions.
Premiere ID Comp v2.3.doc 69
12.4 Premiere shall exercise its best efforts to enter into a réciprocal Telephone
Exchange Service traffic arrangement (either via written agrEementOf mUtUal
Tariffs)with any CLEC,ILEC,CMRS carrier,or other LFC,to which it delivers
Telephone Exchange Service traffic that transits Verizon's Tandem Office.If
Premiere does not enter into and provide notice to Verizon of the above
referenced arrangement within 180 days of the initial traffic exchange with
relevant third party carriers,then Verizon may,at its sole discretion,terminate
Tandem Transit Service at anytime upon thirty (30)days written notice to
Premiere.
12.5 Premiere shall pay Verizon for Transit Service that Premiere originates at the
rate specified in the Pricing Attachment,plus any additional charges or costs the
receiving CLEC,ILEC ,CMRS carrier,or other LEC,imposes or levies on
Verizon for the delivery or termination of such traffic,including any Switched
Exchange Access Service charges.
12.6 Verizon will not provide Tandem Transit Traffic Service for Tandem Transit
Traffic to be delivered to a CLEC,ILEC,CMRS carrier,or other LEC,if the
volume of Tandem Transit Traffic to be delivered to that carrier exceeds one (1)
DS1 level volume of calls.
12.7 If or when a third party carrier's Central Office subtends a Premiere Central
Office,then Premiere shall offer to Verizon a service arrangement equivalentto
or the same as Tandem Transit Service provided by Verizon to Premiere as
defined in this Section 12 such that Verizon may terminate calls to a Central
Office of a CLEC,ILEC,CMRS carrier,or other LEC,that subtends a Premiere
Central Office ("ReciprocalTandem Transit Service").Premiere shall offer such
Reciprocal Transit Service arrangements under terms and conditions no less
favorable than those provided in this Section 12.
12.8 Neither Party shall take any actions to prevent the other Party from entering into
a direct and reciprocaltraffic exchange agreement with any carrier to which it
originates,or from which it terminates,traffic.
13.Number Resources,Rate Center Areas and Routing Points
13.1 Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party's right to employ or to request and be assigned
any Central Office Codes ("NXX")pursuant to the Central Office Code
Assignment Guidelines and any relevant FCC or Commission orders,as may be
amendedfrom time to time,or to establish,by Tariff or otherwise,Rate Center
Areas and Routing Points corresponding to such NXX codes.
13.2 It shall be the responsibility of each Party to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in order to recognize and route traffic to the other Party's assigned
NXX codes.Except as expressly set forth in this Agreement,neither Party shall
impose any fees or charges whatsoever on the other Party for such activities.
13.3 Unless otherwise required by Commission order,the Rate Center Areas will be
the same for each Party.During the term of this Agreement,Premiere shall
adopt the Rate Center Area and Rate Center Points that the Commission has
approvedfor Verizon within the LATA and Tandem serving area.Premiere shall
assign whole NPA-NXX codes to each Rate Center Area unless otherwise
ordered by the FCC,the Commission or another governmental entity of
appropriate jurisdiction,or the LEC industry adopts alternative methods of
utilizing NXXs.
Premiere ID Comp v2.3.doc 70
13.4 Premiere will also designate a Routing Point for each assigned NXX code.
Premiere shall designate one location for each Rate Center Area in which the
Premiere has established NXX code(s)as the Routing Point for the NPA-NXXs
associated with that Rate Center Area,and such Routing Point shall be within the
same LATA as the Rate Center Area but not necessarilywithin the Rate Center
Area itself.Unless specified otherwise,calls to subsequent NXXs of Premiere
will be routed in the same manner as calls to Premiere's initial NXXs.
13.5 Notwithstandinganything to the contrary contained herein,nothing in this
Agreement is intended,and nothing in this Agreement shall be construed,to in
any way constrain Premiere's choices regarding the size of the local calling
area(s)that Premiere may establish for its Customers,which local calling areas
may be larger than,smaller than,or identical to Verizon's local calling areas.
14.Joint Network Implementation and Grooming Process;and Installation,
Maintenance,Testing and Repair
14.1 Joint Network implementation and Groominq Process.
Upon request of either Party,the Parties shall jointly develop an implementation
and grooming process (the "Joint Grooming Process"or "Joint Process")which
may define and detail,inter alia:
14.1.1 standards to ensure that Interconnection Trunks experience a grade of
service,availability and quality which is comparable to that achieved
on interoffice trunks within Verizon's network and in accord with all
appropriate relevant industry-accepted quality,reliability and
availability standards.Except as otherwise stated in this Agreement,
trunks provided by either Party for Interconnection services will be
engineered using a design-blocking objective of B.01.
14.1.2 the respective duties and responsibilities of the Parties with respect to
the administration and maintenance of the trunk groups,including,but
not limited to,standards and proceduresfor notification and
discoveries of trunk disconnects;
14.1.3 disaster recovery provision escalations;
14.1.4 additional technically feasible and geographically relevant IP(s)in a
LATA as provided in Section 2;and
14.1.5 such other matters as the Parties may agree,including,e.g.,End Office
to End Office high usage trunks as good engineering practices may
dictate.
14.2 Installation,Maintenance,Testinq and Repair.
Unless otherwise agreed in writing by the Parties,to the extent required by
Applicable Law,Interconnection provided by a Party shall be equal in quality to
that provided by such Party to itself,any subsidiary,affiliates or third party.If
either Party is unable to fulfill its obligations under this Section 14.2,it shall notify
the other Party of its inability to do so and will negotiate alternative intervals in
good faith.The Parties agree that to the extent required by Applicable Law,the
standardsto be used by a Party for isolating and clearing any disconnections
and/or other outages or troubles shall be at parity with standards used by such
Party with respect to itself,any subsidiary,affiliate or third party.
Premiere ID Comp v2.3.doc 71
14.3 Forecastinq Requirementsfor Trunk Provisioninq.
Within ninety (90)days of executing this Agreement,Premiere shall provide
Verizon a two (2)year traffic forecast.This initial forecast will provide the amount
of traffic to be delivered to and from Verizon over each of the Interconnection
Trunk groups over the next eight (8)quarters.The forecast shall be updated and
provided to Verizon on an as-needed basis but no less frequently than
semiannually.All forecasts shall comply with the Verizon CLEC Interconnection
Trunking Forecast Guide and shall include,at a minimum,Access Carrier
Terminal Location (ACTL),traffic type (Reciprocal Compensation Traffic/Toll
Traffic,Operator Services,911,etc.),code (identifiestrunk group),A location/Z
location (CLLIcodes for Premiere-IPs and Verizon-lPs),interface type (e.g.,
DS1),and trunks in service each year (cumulative).
14.3.1 Initial Forecasts/Trunkinq Requirements.Because Verizon's trunking
requirementswill,at least during an initial period,be dependent on the
Customer segments and service segments within Customer segments
to whom Premiere decides to market its services,Verizon will be
largely dependent on Premiere to provide accurate trunk forecasts for
both inbound (from Verizon)and outbound (to Verizon)traffic.Verizon
will,as an initial matter,provide the same number of trunks to
terminate Reciprocal Compensation Traffic to Premiere as Premiere
provides to terminate Reciprocal Compensation Traffic to Verizon.At
Verizon's discretion,when Premiere expressly identifies particular
situations that are expected to producetraffic that is substantially
skewed in either the inbound or outbound direction,Verizon will
provide the number of trunks Premiere suggests;provided,however,
that in all cases Verizon's provision of the forecasted number of trunks
to Premiere is conditioned on the following:that such forecast is
based on reasonable engineering criteria,there are no capacity
constraints,and Premiere's previous forecasts have proven to be
reliable and accurate.
14.3.1.1 Monitorinq and Adjustinq Forecasts.Verizon will,for ninety
(90)days,monitor traffic on each trunk group that it
establishes at Premiere's suggestion or request pursuantto
the procedures identified in Section 14.3.At the end of
such ninety-(90)day period,Verizon may disconnect trunks
that,based on reasonable engineering criteria and capacity
constraints,are not warranted by the actual traffic volume
experienced.If,after such initial ninety (90)day period for a
trunk group,Verizon determines that any trunks in the trunk
group in excess of two (2)DS-is are not warranted by
actual traffic volumes (considering engineering criteria for
busy Centium Call Second (Hundred Call Second)and
blocking percentages),then Verizon may hold Premiere
financially responsible for the excess facilities.
14.3.1.2 In subsequent periods,Verizon may also monitor traffic for
ninety (90)days on additional trunk groups that Premiere
suggests or requests Verizon to establish.If,after any such
(90)day period,Verizon determines that any trunks in the
trunk group are not warranted by actual traffic volumes
(considering engineering criteria for busy hour Centium Call
Second (Hundred Call Second)and blocking percentages),
then Verizon may hold Premiere financially responsiblefor
Premiere ID Comp v2.3.doc 72
the excess facilities.At any time during the relevant ninety-
(90)day period,Premiere may request that Verizon
disconnect trunks to meet a revisedforecast.In such
instances,Verizon may hold Premierefinancially
responsiblefor the disconnected trunks retroactive to the
start of the ninety (90)day period through the date such
trunks are disconnected.
15.Number Portability -Section 251(B)(2)
15.1 Scope.
The Parties shall provide Number Portability (NP)in accordance with rules and
regulations as from time to time prescribed by the FCC.
15.2 Proceduresfor Providinq LNP ("Lonq-term Number Portability").
The Parties will follow the LNP provisioning process recommended by the North
American Numbering Council (NANC)and adopted by the FCC.In addition,the
Parties agree to follow the LNP ordering procedures established at the OBF.
The Parties shall provide LNP on a reciprocal basis.
15.2.1 A Customer of one Party ("Party A")elects to become a Customer of the
other Party ("Party 8").The Customer elects to utilize the original
telephone number(s)corresponding to the Telephone Exchange
Service(s)it previously received from Party A,in conjunction with the
Telephone Exchange Service(s)it will now receive from Party B.After
Party B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Party A,Parties A and B will
work together to port the Customer's telephone number(s)from Party
A's network to Party B's network..
15.2.2 When a telephone number is ported out of Party A's network,Party A will
remove any non-proprietary line based calling card(s)associated with
the ported number(s)from its Line Information Database (LlDB).
Reactivationof the line-based calling card in another LIDB,if desired,
is the responsibility of Party B or Party B's Customer.
15.2.3 When a Customer of Party A ports their telephone numbers to Party B
and the Customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point,these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the Customer.Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B.As long as Party B maintains reserved but
inactive numbers ported for the Customer,Party A shall not reassign
those numbers.Party B shall not reassign the reserved numbers to
another Customer.
15.2.4 When a Customer of Party A ports their telephone numbers to Party B,in
the process of porting the Customer's telephone numbers,Party A
shall implement the ten-digit trigger feature where it is available.When
Party A receives the porting request,the unconditional trigger shall be
applied to the Customer's line before the due date of the porting
activity.When the ten-digit unconditionaltrigger is not available,Party
A and Party B must coordinate the disconnect activity.
Premiere ID Comp v2.3.doc 73
15.2.5 The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP)in the Initial Address Message (IAM),containing a
Local Exchange Routing Guide (LERG)-assignedNPA-NXX (6 digits)
identifying the originating switch on calls originatingfrom LNP capable
switches.
15.2.6 Where LNP is commercially available,the NXXs in the office shall be
defined as portable,except as noted in 14.2.7,and translations will be
changed in the Parties'switches to open those NXXsfor database
queries in all applicable LNP capable offices within the LATA of the
given switch(es).On a prospective basis,all newly deployed switches
will be equipped with LNP capability and so noted in the LERG.
15.2.7 All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s)has otherwise been designated as non-
portable.Non-portable NXXs include NXX codes assigned to paging,
cellular and wireless services;codes assigned for internaltesting and
official use and any other NXX codes required to be designated as
non-portable by the rules and regulations of the FCC.NXX codes
assigned to mass calling on a choked network may not be ported using
LNP technology but are portable using methods established by the
NANC and adopted by the FCC.On a prospective basis,newly
assigned codes in switches capable of porting shall become
commercially available for porting with the effective date in the
network.
15.2.8 Both Parties'use of LNP shall meet the performance criteria specified by
the FCC.Both Parties will act as the default carrier for the other Party
in the event that either Party is unable to perform the routing necessary
for LNP.
15.3 Proceduresfor Providinq NP Throuqh Full NXX Code Miqration.
Where a Party has activated an entire NXXfor a single Customer,or activated at
least eighty percent (80%)of an NXXfor a single Customer,with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused,if such Customer chooses to receive Telephone Exchange Service from
the other Party,the first Party shall cooperate with the second Party to havethe
entire NXX reassigned in the LERG (and associated industry databases,routing
tables,etc.)to an End Office operated by the second Party.Such transfer will be
accomplished with appropriate coordination betweenthe Parties and subject to
appropriate industry lead times for movements of NXXs from one switch to
another.Neither Party shall charge the other in connection with this coordinated
transfer.
15.4 Procedures for Providinq INP (Interim Number Portability).
The Parties shall provide Interim Number Portability (INP)in accordance with
rules and regulations prescribed from time to time by the FCC and state
regulatory bodies,the Parties respective company procedures,and as set forth in
this Section 15.4.The Parties shall provide INP on a reciprocal basis.
15.4.1 In the event that either Party,Party B,wishes to serve a Customer
currently served at an End Office of the other Party,Party A,and that
End Office is not LNP-capable,Party A shall make INP available only
where LNP is not commercially available or not required by FCC
orders and regulations.INP will be provided by remote call forwarding
Premiere ID Comp v2.3.doc 74
(RCF)and/or direct inward dialing (DID)technology,which will forward
terminating calls to Party B's End Office.Party B shall provide Party A
with an appropriate "forward-to"number.
15.4.2 Prices for INP and formulas for sharing Terminating access revenues
associated with INP shall be provided where applicable,upon request
by either Party.
15.4.3 Either Party wishing to use DID to provide for INP must request a
dedicated trunk group from the End Office where the DID numbers are
currently served to the new serving-End Office.If there are no existing
facilities between the respective End Offices,the dedicated facilities
and transport trunks will be provisioned as unbundled service through
the ASR provisioning process.The requesting party will reroute the
DID numbers to the pre-positioned trunk group using the LSR
provisioning process.DID trunk rates are contained in the Parties'
respective tariffs.
15.4.4 The Parties Agree that,per FCC 98-275,Paragraph 16,effective upon
the date LNP is available at any End Office of one Party,Party A,
providing INP for Customers of the other Party,Party B,no further
orders will be accepted for new INP at that End Office.Orders for new
INP received prior to that date,and change orders for existing INP,
shall be worked by Party A.Orders for new INP received by Party A
on or after that date shall be rejected.Existing INP will be grand-
fathered,subject to Section 15.4.5,below.
15.4.5 In offices equipped with LNP priorto September 1,1999 for former Bell
Atlantic offices and October 1,2000 for former GTE offices,the Parties
agree to work together to convert all existing INP-servedCustomers to
LNP by December 31,2000 in accordance with a mutually agreed to
conversion process and schedule.If mutually agreed to by the Parties,
the conversion period may be extended one time by no more than 90
days from December 31,2000.
15.4.6 Upon availability of LNP after October 1,2000 at an End Office of either
Party,both Parties agree to work together to convert the existing INP-
served Customers to LNP by no later than 90 days from the date of
LNP availability unless otherwise agreed to by the Parties.
15.4.7 When,through no fault of Verizon's,all INP has not been converted to
LNP at the end of the agreed to conversion period,then the remaining
INPs will be changed to a functionally equivalent tariff service and
billed to Premiere at the tariff rate(s)for the subject jurisdiction.
15.5 Proceduresfor LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a written request.The Parties acknowledge that Verizon
has deployed LNP throughout its network in compliance with FCC 96-286 and
other applicable FCC rules.
15.5.1 If Party B desires to have LNP capability deployed in an End Office of
Party A,which is not currently capable,Party B shall issue a LNP
request to Party A.Party A will respondto the Party B,within ten (10)
days of receipt of the request,with a date for which LNP will be
available in the requested End Office.Party A shall proceed to provide
Premiere ID Comp v2.3.doc 75
for LNP in compliance with the procedures and timelines set forth in
FCC 96-286,Paragraph 80,and FCC 97-74,Paragraphs 65 through
67.
15.5.2 The Parties acknowledgethat each can determine the LNP-capable End
Offices of the otherthrough the Local Exchange Routing Guide
(LERG).In addition the Parties shall make information available upon
request showing their respective LNP-capable End Offices,as set forth
in this Section 15.5.
16.Transport and Termination of Indirect Interconnection Traffic
16.1 Network InterconnectionArchitecture Traffic to be Exchanqed.
The Parties shall reciprocally terminate mandatory EAS,optional EAS and
IntraLATA Toll originating on each other's networks utilizing Indirect Network
Interconnections.
16.2 Network InterconnectionArchitecture.
Each Party will plan,design,construct and maintain the facilities within their
respective systems as are necessary and proper for the provision of traffic
covered by this Agreement.These facilities include but are not limited to,a
sufficient number of trunks to the point of interconnection with the tandem
company,and sufficient interoffice and interexchangefacilities and trunks
between its own central offices to adequately handle traffic between all central
offices within the service areas at P.01 grade of service or better.
The provisioning and engineering of such services and facilities will comply with
generally accepted industry methods and practices,and will observe the rules
and regulations of the lawfully established tariffs applicableto the services
provided.
16.3 Operator Services Calls.
Each Party agrees to coordinate the interconnectionof their operator service
bureau with the operator service bureau of the other Party in order to provide for
the exchange of miscellaneous services,e.g.Busy Line Verification/Interrupt,
Directory Assistance,Call Completions.
16.4 Traffic Recordinq.
The traffic recording and identificationfunctions required to provide the services
specified hereunder shall be performed by the Parties except for the functions
performed by the tandem company on behalf of a Party.Each Party will
calculate terminating minutes of use based on standard Automatic Message
Accounting recordings made within each Party's network or by the tandem
company.The Parties agree they will,to the extent feasible,make every attempt
to accurately capture and report the actual usage interchanged betweenthem for
use in calculating the necessary compensation under this Agreement.In the
event detailed terminating billing records are not available,summary billing
reports may be used.
Premiere ID Comp v2.3.doc 76
RESALE ATTACHMENT
1.General
Verizon shall provideto Premiere,in accordance with this Agreement (including,but not
limited to,Verizon's applicable Tariffs)and the requirements of Applicable Law,Verizon's
Telecommunications Services for resale by Premiere;provided,that notwithstanding any
other provision of this Agreement,Verizon shall be obligated to provide
Telecommunications Services to Premiere only to the extent required by Applicable Law
and may decline to provide a Telecommunications Service to Premiere to the extent that
provision of such Telecommunications Service is not required by Applicable Law.
2.Use of Verizon Telecommunications Services
2.1 Verizon Telecommunications Services may be purchased by Premiere under this
Resale Attachment only for the purpose of resale by Premiereas a
TelecommunicationsCarrier.Verizon Telecommunications Services to be
purchased by Premiere for other purposes (including,but not limited to,
Premiere's own use)must be purchased by Premiere pursuantto other
applicable Attachments to this Agreement (if any),or separate written
agreements,including,but not limited to,applicable Verizon Tariffs.
2.2 Premiere shall not resell:
2.2.1 Residentialservice to persons not eligible to subscribe to such service
from Verizon (including,but not limited to,business or other
nonresidential Customers);
2.2.2 Lifeline,Link Up America,or other means-tested service offerings,to
persons not eligible to subscribe to such service offerings from
Verizon;
2.2.3 Grandfathered or discontinued service offerings to persons not eligible to
subscribe to such service offerings from Verizon;or
2.2.4 Any other Verizon service in violation of a restriction stated in this
Agreement (including,but not limited to,a Verizon Tariff)that is not
prohibited by Applicable Law.
2.2.5 In addition to any other actions taken by Premiereto comply with this
Section 2.2,Premiere shall take those actions required by Applicable
Law to determine the eligibility of Premiere Customers to purchase a
service,including,but not limited to,obtaining any proof or certification
of eligibility to purchase Lifeline,Link Up America,or other means-
tested services,required by Applicable Law.Premiere shalf indemnify
Verizon from any Claims resulting from Premiere'sfailure to take such
actions required by Applicable Law.
2.2.6 Verizon may perform audits to confirm Premiere's conformity to the
provisions of this Section 2.2.Such audits may be performed twice per
calendar year and shall be performed in accordancewith Section 7 of
the General Terms and Conditions.
Premiere ID Comp v2.3.doc 77
2.3 Premiere shall be subject to the same limitations that Verizon's Customers are
subject to with respect to any Telecommunications Service that Verizon
grandfathers or discontinues offering.Without limiting the foregoing,except to
the extent that Verizon follows a different practice for Verizon Customers in
regard to a grandfathered Telecommunications Service,such grandfathered
Telecommunications Service:(a)shall be available only to a Customer that
already has such Telecommunications Service;(b)may not be moved to a new
service location;and (c)will be furnished only to the extent that facilities continue
to be available to provide such Telecommunications Service.
2.4 Premiere shall not be eligible to participate in any Verizon plan or program under
which Verizon Customers may obtain products or services,which are not Verizon
Telecommunications Services,in return for trying,agreeing to purchase,
purchasing,or using Verizon Telecommunications Services.
2.5 In accordance with 47 CFR §51.617(b),Verizon shall be entitled to all charges
for Verizon Exchange Access services used by interexchange carriers to provide
service to Premiere Customers.
3.Availability of Verizon Telecommunications Services
3.1 Verizon will provide a Verizon TelecommunicationsService to Premiere for
resale pursuantto this Attachment where and to the same extent,but only where
and to the same extent that such Verizon Telecommunications Service is
provided to Verizon's Customers.
3.2 Except as otherwise required by Applicable Law,subject to Section 3.1,Verizon
shall have the right to add,modify,grandfather,discontinue or withdraw Verizon
Telecommunications Services at any time,without the consent of Premiere.
3.3 To the extent required by Applicable Law,the Verizon Telecommunications
Servicesto be provided to Premiere for resale pursuantto this Attachment will
include a Verizon Telecommunications Service customer-specific contract
service arrangement ("CSA")(such as a customer specific pricing arrangement
or individual case based pricing arrangement)that Verizon is providingto a
Verizon Customer at the time the CSA is requested by Premiere.
4.Responsibilityfor Charges
Premiereshall be responsiblefor and pay all charges for any Verizon
Telecommunications Services provided by Verizon pursuant to this Resale Attachment.
5.Operations Matters
5.1 Facilities.
5.1.1 Verizon and its suppliers shall retain all of their right,title and interest in
all facilities,equipment,software,information,and wiring used to
provide Verizon Telecommunications Services.
5.1.2 Verizon shall have access at all reasonable times to Premiere Customer
locations for the purpose of installing,inspecting,maintaining,
repairing,and removing,facilities,equipment,software,and wiring
used to provide the Verizon Telecommunications Services.Premiere
shall,at Premiere's expense,obtain any rights and authorizations
necessaryfor such access.
Premiere ID Comp v2.3.doc 78
5.1.3 Except as otherwise agreed to in writing by Verizon,Verizon shall not be
responsible for the installation,inspection,repair,maintenance,or
removal of facilities,equipment,software,or wiring provided by
Premiere or Premiere Customers for use with Verizon
TelecommunicationsServices.
5.2 Brandinq.
5.2.1 Except as stated in Section 5.2.2 of this Attachment,in providing Verizon
Telecommunications Services to Premiere,Verizon shall have the right
(but not the obligation)to identify the Verizon Telecommunications
Services with Verizon's trade names,trademarks and service marks
("Verizon Marks"),to the same extent that these Services are identified
with Verizon's Marks when they are providedto Verizon's Customers.
Any such identification of Verizon's Telecommunications Services shall
not constitute the grant of a license or other right to Premiere to use
Verizon's Marks.
5.2.2 To the e×tent required by Applicable Law,upon request by Premiereand
at prices,terms and conditions to be negotiated by Premiere and
Verizon,Verizon shall provideVerizon Telecommunications Services
for resale that are identified by Premiere's trade name,or that are not
identified by trade name,trademark or service mark.
5.2.3 If Verizon uses a third-party contractor to provide Verizon Operator
Services or Verizon Directory Assistance Services,Premiere will be
responsiblefor entering into a direct contractual arrangement with the
third-party contractor at Premiere's expense (a)to obtain identification
of Verizon Operator Services or Verizon DirectoryAssistance Services
purchased by Premiere for resale with Premiere's trade name,or (b)to
obtain removal of Verizon Marks from Verizon Operator Services or
Verizon Directory Assistance Services purchased by Premierefor
resale.
6.Rates and Charges
The rates and charges for Verizon Telecommunication Services purchased by Premiere
for resale pursuant to this Attachment shall be as provided in this Attachment and the
Pricing Attachment.
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NETWORK ELEMENTS ATTACHMENT
1.General
1.1 Verizon shall provideto Premiere,in accordance with this Agreement (including,
but not limited to,Verizon's applicable Tariffs)and the requirements of Applicable
Law,access to Verizon's Network Elements on an unbundled basis and in
combinations (Combinations);provided,however,that notwithstanding any other
provisionof this Agreement,Verizon shall be obligatedto provide unbundled
Network Elements (UNEs)and Combinations to Premiere only to the extent
required by Applicable Law and may decline to provide UNEs or Combinationsto
Premiere to the extent that provision of such UNEs or Combinations is not
required by Applicable Law.
1.2 Except as otherwise required by Applicable Law:(a)Verizon shall be obligated
to provide a UNE or Combination pursuant to this Agreement only to the extent
such UNE or Combination,and the equipment and facilities necessary to provide
such UNE or Combination,are available in Verizon's network;(b)Verizon shall
have no obligation to construct or deploy new facilities or equipment to offer any
UNE or Combination;and,(c)Verizon shall not be obligated to combine Network
Elements that are not already combined in Verizon's network.Consistent with
the foregoing,should Premiere engage in a pattern of behavior that suggests that
Premiere either (i)knowingly induces Verizon Customersto order
TelecommunicationsServices from Verizon with the primary intention of enabling
Premiere to convert those Telecommunications Services to UNEs or
Combinations,or (ii)itself orders Telecommunications Services from Verizon
without taking delivery of those Telecommunications Services in order to induce
Verizon to constructfacilities that Premiere then converts to UNEs or
Combinations,then Verizon will provide written notice to Premiere that its actions
suggest that Premiere is engaged in a pattern of bad faith conduct.If Premiere
fails to respond to this notice in a manner that is satisfactory to Verizon within
fifteen (15)business days,then Verizon shall have the right,with thirty (30)
calendar days advance written notice to Premiere,to institute an embargo on
provision of new services and facilities to Premiere.This embargo shall remain
in effect until Premiere provides Verizon with adequate assurances that the bad
faith conductshall cease.Should Premiere repeat the pattern of conduct
following the removal of the service embargo,then Verizon may elect to treat the
conduct as an act of material breach in accordance with the provisions of this
Agreement that address default.
1.3 Premiere may use a UNE or Combination only for those purposes for which
Verizon is required by Applicable Law to provide such UNE or Combination to
Premiere.Without limiting the foregoing,Premiere may use a UNE or
Combination (a)only to provide a Telecommunications Service and (b)to provide
ExchangeAccess services only to the extent that Verizon is required by
Applicable Law to provide such UNE or Combination to Premiere in order to
allow Premiere to provide such Exchange Access services.
1.4 Notwithstandingany other provision of this Agreement:
1.4.1 To the extent Verizon is required by a change in Applicable Law to
provideto Premiere a UNE or Combinationthat is not offered under
Premiere ID Comp v2.3.doc 80
this Agreoment to Premiere as of the Effective Date,the terms,
conditions and prices for such UiME or Combination (including,but not
liniited to,the terms and conditions defining the UNE or Combination
and stating when and where the UNE or Combination will be available
and how it will be used,and terms,conditions and prices for pre-
ordering,ordering,provisioning,repair,maintenance and billing)shall
be as provided in an applicable Verizon Tariff,or,in the absence of an
applicableVerizon Tariff,as mutually agreed in writing by the Parties.
1.4.2 Verizon shall not be obligated to provide to Premiere,and Premiere shall
not requestfrom Verizon,access to a proprietaryadvanced intelligent
network service.
1.5 Without limiting Verizon's rights pursuant to Applicable Law or any other section
of this Agreement to terminate its provision of a UNE or a Combination,if Verizon
provides a UNE or Combinationto Premiere,and the Commission,the FCC,a
court or other governmental body of appropriate jurisdiction determines or has
determined that Verizon is not required by Applicable Law to provide such UNE
or Combination,Verizon may terminate its provision of such UNE or Combination
to Premiere.If Verizon terminates its provision of a UNE or a Combinationto
Premiere pursuant to this Section 1.5 and Premiere elects to purchase other
services offered by Verizon in place of such UNE or Combination,then:(a)
Verizon shall reasonably cooperate with Premiereto coordinate the termination
of such UNE or Combination and the installation of such services to minimize the
interruption of service to Customers of Premiere;and,(b)Premiere shall pay all
applicable charges for such services,including,but not limited to,all applicable
installation charges.
1.6 Nothing contained in this Agreement shall be deemed to constitute an agreement
by Verizon that any item identified in this Agreement as a Network Element is (i)
a Network Element under Applicable Law,or (ii)a Network Element Verizon is
required by Applicable Law to provide to Premiere on an unbundled basis or in
combination with other Network Elements.
1.7 Except as otherwise expressly stated in this Agreement,Premiere shall access
Verizon's UNEs specifically identified in this Agreement via Collocation in
accordance with the Collocation Attachment at the Verizon Wire Center where
those UNEs exist,and each Loop or Port shall,in the case of Collocation,be
delivered to Premiere's Collocation node by means of a Cross Connection.
1.8 If as the result of Premiere Customer actions (i.e.,Customer Not Ready
("CNR")),Verizon cannot complete requested work activity when a technician
has been dispatched to the Premiere Customer premises,Premiere will be
assessed a non-recurring charge associated with this visit.This charge will be
the sum of the applicable Service Order charge as provided in the Pricing
Attachment and the Premises Visit Charge as provided in Verizon's applicable
retail or wholesale Tariff.
2.Verizon's Provision of Network Elements
Subject to the conditions set forth in Section 1,in accordance with,but only to the extent
required by,Applicable Law,Verizon shall provide Premiere access to the following:
2.1 Loops,as set forth in Section 3;
2.2 Line Sharing,as set forth in Section 4;
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2.3 Line Splitting,as set forth in Section 5;
2.4 Sub-Loops,as set forth in Section 6;
2.5 Inside Wire,as set forth in Section 7;
2.6 Dark Fiber,as set forth in Section 8;
2.7 Network interface Device,as set forth in Section 9;
2.8 Switching Elements,as set forth in Section 10;
2.9 Interoffice Transmission Facilities (IOF),as set forth in Section 11;
2.10 Signaling Networks and Call-Related Databases,as set forth in Section 12;
2.11 Operations Support Systems,as set forth in Section 13;and
2.12 Other UNEs in accordance with Section 14.
3.Loop Transmission Types
Subject to the conditions set forth in Section 1,Verizon shall allow Premiereto access
Loops unbundled from local switching and local transport,in accordance with this Section
3 and the rates and charges provided in the Pricing Attachment.Verizon shall allow
Premiereaccess to Loops in accordance with,but only to extent required by,Applicable
Law.The available Loop types are as set forth below:
3.1 "2 Wire Analog Voice Grade Loop"or "Analog 2W"provides an effective 2-wire
channel with 2-wire interfaces at each end that is suitable for the transport of
analog Voice Grade (nominal300 to 3000 Hz)signals and loop-start signaling.
This Loop type is more fully described in Verizon TR-72565,as revised from
time-to-time.If "Customer-Specified Signaling"is requested,the Loop will
operate with one of the following signaling types that may be specified when the
Loop is ordered:loop-start,ground-start,loop-reverse-battery,and no signaling.
Customer specified signaling is more fully described in Verizon TR-72570,as
revised from time-to-time.
3.2 "4-Wire Analog Voice Grade Loop"or "Analog 4W"provides an effective 4-wire
channel with 4-wire interfaces at each end that is suitable for the transport of
analog Voice Grade (nominal 300 to 3000 Hz)signals.This Loop type will
operate with one of the following signaling types that may be specified when the
Loop is ordered:loop-start,ground-start,loop-reverse-battery,duplex,and no
signaling.This Loop type is more fully described in Verizon TR-72570,as
revisedfrom time-to-time.
3.3 "2-Wire ISDN Digital Grade Loop"or "BRI ISDN"provides a channel with 2-wire
interfaces at each end that is suitable for the transport of 160 kbps digital
services using the ISDN 2B1Q line code.This Loop type is more fully described
in ANSI T1.601-1998 and Verizon TR 72575,(as revised from time-to-time.In
some cases loop extension equipment may be necessary to bring the line loss
within acceptable levels.Verizon will provide loop extension equipment only
upon request.A separate charge will apply for loop extension equipment.
3.4 "2-Wire ADSL-Compatible Loop"or "ADSL 2W"provides a channel with 2-wire
interfaces at each end that is suitable for the transport of digital signals up to 8
Mbps toward the Customer and up to 1 Mbps from the Customer.This Loop type
is more fully described in Verizon TR-72575,as revised from time-to-time.
Premiere ID Comp v2.3.doc 82
ADSL-Compatible Loops will be available only where existing copper facilities are
available and meet applicable specifications.Verizon will not build new copper
facilities.The upstream and downstream ADSL power spectral density masks
and dc line power limits in Verizon TR 72575,as revised from time-to-time,must
be met.
3.5 "2-Wire HDSL-Compatible Loop"or "HDSL 2W"consists of a single 2-wire non-
loaded,twisted copper pair that meets the carrier serving area design criteria.
This Loop type is more fully described in Verizon TR-72575,as revised from
time-to-time.The HDSL power spectral density mask and dc line power limits
referenced in Verizon TR 72575,as revised from time-to-time,must be met.2-
wire HDSL-compatible local loops will be provided only where existing facilities
are available and can meet applicable specifications.Verizon will not build new
copper facilities.The 2-wire HDSL-compatibleloop is available only in Bell
Atlantic Service Areas.
3.6 "4-Wire HDSL-Compatible Loop"or "HDSL 4W"consists of two 2-wire non-
loaded,twisted copper pairs that meet the carrier serving area design criteria.
This Loop type is more fully described in Verizon TR-72575,as revised from
time-to-time.The HDSL power spectral density mask and dc line power limits
referenced in Verizon TR 72575,as revised from time-to-time,must be met.4-
Wire HDSL-compatible local loops will be provided only where existing facilities
are available and can meet applicable specifications.Verizon will not build new
copper facilities.
3.7 "4-Wire DS1-compatible Loop"provides a channel with 4-wire interfaces at each
end.Each 4-wire channel is suitable for the transport of 1.544 Mbps digital
signals simultaneously in both directions using PCM line code.This Loop type is
more fully described in ANSI Ti.403 and Verizon TR 72575,as revisedfrom
time-to-time.DS-1-compatibleLoops will be available only where existing
facilities can meet the specifications in ANSI T1.403 and Verizon TR 72575.as
revised from time-to-time.
3.8 "2-Wire IDSL-CompatibleMetallic Loop"consists of a single 2-wire non-loaded,
twisted copper pair that meets revised resistance design criteria.This UNE Loop
is intended to be used with very-low band symmetric DSL systems that meet the
Class 1 signal power limits and other criteria in the draft T1E1.4 loop spectrum
management standard (T1E1.4/2000-002R3)and are not compatible with 2B1Q
160 kbps ISDN transport systems.The actual data rate achieved depends upon
the performance of CLEC-provided modems with the electrical characteristics
associated with the loop.This Loop type is more fully described in T1E1.4/2000-
002R3.This loop cannot be provided via UDLC.IDLC-compatiblelocal loops
will be provided only where facilities are available and can meet applicable
specifications.Verizon will not build new copper facilities.
3.9 "2-Wire SDSL-Compatible Loop",is intended to be used with low band symmetric
DSL systems that meet the Class 2 signal power limits and other criteria in the
draft T1E1.4 loop spectrum management standard (T1E1.4/2000-002R3).This
UNE loop consists of a single 2-wire non-loaded,twisted copper pair that meets
Class 2 length limit in T1E1.4/2000-002R3.The data rate achieved depends on
the performance of the CLEC-provided modems with the electrical characteristics
associated with the loop.This Loop type is more fully described in T1E1.4/2000-
002R3.SDSL-compatible local loops will be provided only where facilities are
available and can meet applicable specifications.Verizon will not build new
copper facilities.
Premiere ID Comp v2.3.doc 83
3.10 "4-Wire 56 kbps Loop"is a 4-wire Loop that provides a transmission path that is
suitable for the transport of digital data at a synchronous rate of 56 kbps in
opposite directions on such Loop simultaneously.A 4-Wire 56 kbps Loop
consists of two pairs of non-loaded copper wires with no intermediate electronics
or it consists of universal digital loop carrier with 56 kbps DDS dataport transport
capability.Verizon shall provide 4-Wire 56 kbps Loops to Premiere in
accordance with,and subject to,the technical specifications set forth in Verizon
Technical Reference TR72575,Issue 2,as revised from time-to-time.
3.11 "DS-3 Loops"will support the transmission of isochronous bipolar serial data at a
rate of 44.736 Mbps or the equivalent of 28 DS-1 channels.This Loop type is
more fully described in Verizon TR 72575,as revised from time to time.The
DS-3 Loop includes the electronics necessaryto provide the DS-3 transmission
rate.A DS-3 Loop will only be provided where the electronics are at the
requested installation date currently availablefor the requested loop.Verizon will
not install new electronics.
3.12 "Digital Designed Loops"are comprised of designed loops that meet specific
Premiere requirementsfor metallic loops over 18k ft.or for conditioning of ADSL,
HDSL,SDSL,IDSL,or BRl ISDN Loops."Digital Designed Loops"may include
requests for:
3.12.1 a 2W Digital Designed Metallic Loop with a total loop length of 18k to 30k
ft.,unloaded,with the option to remove bridged tap;
3.12.2 a 2W ADSL Loop of 12k to 18k ft.with an option to remove bridged tap;
3.12.3 a 2W ADSL Loop of less than 12k ft.with an option to remove bridged
tap;
3.12.4 a 2W HDSL Loop of less than 12k ft.with an option to remove bridged
tap:
3.12.5 a 4W HDSL Loop of less than 12k ft with an option to remove bridged
tap;
3.12.6 a 2 W Digital Designed Metallic Loop with Verizon-placed ISDN loop
extension electronics;
3.12.7 a 2W SDSL Loop with an option to remove bridged tap;and
3.12.8 a 2W IDSL Loop of less than 18k ft.with an option to remove bridged
tap;
3.13 Verizon shall make Digital Designed Loops availableto Premiere at the rates as
set forth in the Pricing Attachment.
3.14 The following ordering procedures shall apply to the xDSL Loops and Digital
Designed Loops:
3.14.1 Premiere shall place orders for xDSL Loops and Digital Designed Loops
by delivering to Verizon a valid electronic transmittal service order or
other mutually agreed upon type of service order.Such service order
shall be provided in accordance with industry format and specifications
or such format and specifications as may be agreed to by the Parties.
3.14.2 Verizon is conducting a mechanized survey of existing Loop facilities,on
a Central Office by Central Office basis,to identifythose Loops that
Premiere ID Comp v2.3.doc 84
meet the applicable technical characteristics established by Verizon for
compatibility with ADSL,HDSL,IDSL,SDSL and BRI ISDN signals.
The results of this survey will be stored in a mechanizeddatabase and
made available to Premiere as the process is completedin each
Central Office.Premiere must utilize this mechanized loop
qualification database,where available,in advance of submitting a
valid electronic transmittal service order for an ADSL,HDSL,IDSL,
SDSL or BRI ISDN Loop.Charges for mechanized loop qualification
information are set forth in the Pricing Attachment.
3.14.3 If the Loop is not listed in the mechanized database described in Section
3.14.2,Premiere must request a manual loop qualification prior to
submitting a valid electronic service order for an ADSL,HDSL,SDSL,
IDSL,or BRI ISDN Loop.The rates for manual loop qualification are
set forth in the Pricing Attachment.In general,Verizon will complete a
manual loop qualification requestwithin three Business Days,although
Verizon may require additional time due to poor record conditions,
spikes in demand,or other unforeseen events.
3.14.4 If a query to the mechanized loop qualification database or manual loop
qualification indicates that a Loop does not qualify (e.g.,because it
does not meet the applicabletechnical parameters set forth in the Loop
descriptions above),Premiere may request an EngineeringQuery,as
described in Section 3.14.6,to determine whether the result is due to
characteristics of the loop itself (e.g.,specific number and location of
bridged taps,the specific number of load coils,or the gauge of the
cable).
3.14.5 If Premiere submits a service order for an ADSL,HDSL,SDSL,IDSL,or
BRI ISDN Loop that has not been prequalified,Verizon will query the
service order back to Premierefor qualification and will not accept
such service order until the Loop has been prequalified on a
mechanized or manual basis.If Premiere submits a service order for
an ADSL,HDSL,SDSL,IDSL,or BRI ISDN Loop that is,in fact,not
compatiblewith such services in its existing condition,Verizon will
respond back to Premiere with a "Nonqualified"indicator and with
information showing whether the non-qualified result is due to the
presence of load coils,presence of digital loop carrier,or loop length
(including bridged tap).
3.14.6 Where Premiere has followed the prequalification procedure described
above and has determined that a Loop is not compatiblewith ADSL,
HDSL,SDSL,IDSL,or BRI ISDN service in its existing condition,it
may either request an Engineering Query to determine whether
conditioning may make the Loop compatible with the applicable
service;or if Premiere is already aware of the conditioning required
(e.g.,where Premiere has previously requested a qualification and has
obtained loop characteristics),Premiere may submit a service order for
a Digital Designed Loop.Verizon will undertake to condition or extend
the Loop in accordance with this Section 3.14 upon receipt of
Premiere's valid,accurate and pre-qualified service order for a Digital
Designed Loop.
3.15 The Parties will make reasonable efforts to coordinate their respective roles in
order to minimize provisioning problems.In general,where conditioning or loop
extensions are requested by Premiere,an interval of eighteen (18)Business
Premiere ID Comp v2.3.doc 85
Days will be required by Verizon to complete the loop analysis and the necessary
construction work involved in conditioning and/or extending the loop as follows:
3.15.1 Three (3)Business Days will be required following receipt of Premiere's
valid,accurate and pre-qualified service order for a Digital Designed
Loop to analyze the loop and related plant records and to create an
EngineeringWork Order.
3.15.2 Upon completion of an EngineeringWork Order,Verizon will inítiate the
construction order to perform the changes/modificationsto the Loop
requested by Premiere.Conditioning activities are,in most cases,able
to be accomplished within fifteen (15)Business Days.Unforeseen
conditions may add to this interval.
After the engineering and conditioning tasks have been completed,the standard
Loop provisioning and installation process will be initiated,subject to Verizon's
standard provisioning intervals.
3.16 If Premiere requires a change in scheduling,it must contact Verizon to issue a
supplement to the original service order.If Premiere cancels the request for
conditioning after a loop analysis has been completed but prior to the
commencement of construction work,Premiere shall compensate Verizon for an
EngineeringWork Order charge as set forth in the Pricing Attachment.If
Premiere cancels the request for conditioning after the loop analysis has been
completed and after construction work has started or is complete,Premiere shall
compensate Verizon for an Engineering Work Order charge as well as the
charges associated with the conditioningtasks performed as set forth in the
Pricing Attachment.
3.17 Conversion of Live Telephone Exchange Service to Analog 2W Loops.
3.17.1 The following coordination procedures shall apply to "live"cutovers of
Verizon Customers who are converting their Telephone Exchange
Services to Premiere Telephone Exchange Services provisioned over
Analog 2W unbundled Local Loops ("Analog 2W Loops)to be provided
by Verizon to Premiere:
3.17.1.1 Coordinated cutover charges shall apply to conversions of
live Telephone Exchange Services to Analog 2W Loops.
When an outside dispatch is required to perform a
conversion,additional charges may apply.If Premiere does
not request a coordinated cutover,Verizon will process
Premiere's order as a new installation subject to applicable
standard provisioning intervals.
3.17.1.2 Premiere shall request Analog 2W Loops for coordinated
cutover from Verizon by delivering to Verizon a valid
electronic Local Service Request ("LSR").Verizon agrees
to accept from Premiere the date and time for the
conversion designated on the LSR ("ScheduledConversion
Time"),providedthat such designation is within the regularly
scheduled operating hours of the Verizon Regional CLEC
Control Center ("RCCC")and subject to the availability of
Verizon's work force.In the event that Verizon's work force
is not available,Premiere and Verizon shall mutually agree
on a New Conversion Time,as defined below.Premiere
shall designate the Scheduled Conversion Time subject to
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Verizon standard provisioning intervals as stated in the
Verizon CLEC Handbook,as may be revisedfrom time to
time.Within three (3)Business Days of Verizon's receipt of
such valid LSR,or as otherwise requiredby Applicable Law,
Verizon shall provide Premiere the scheduleddue date for
conversion of the Analog 2W Loops covered by such LSR.
3.17.1.3 Premiere shall provide dial tone at the Premiere Collocation
site at least forty-eight (48)hours prior to the Scheduled
Conversion Time.
3.17.1.4 Either Party may contact the other Party to negotiate a new
Scheduled Conversion Time (the "New Conversion Time");
provided,however,that each Party shall use commercially
reasonable efforts to provide four (4)business hours'
advance notice to the other Party of its request for a New
Conversion Time.Any Scheduled Conversion Time or New
Conversion Time may not be rescheduled more than one
(1)time in a business day,and any two New Conversion
Times for a particular Analog 2W Loop shall differ by at
least eight (8)hours,unless otherwise agreed to by the
Parties.
3.17.1.5 If the New Conversion Time is more than one (1)business
hour from the original Scheduled ConversionTime or from
the previous New Conversion Time,the Party requesting
such New Conversion Time.shall be subject to the following:
3.17.1.5.1 If Verizon requests to rescheduleoutside of the
one (1)hourtime frame above,the Analog 2W
Loops Service Order Chargefor the original
Scheduled Conversion Time or the previous
New Conversion Time shall be waived upon
requestfrom Premiere;and
3.17.1.5.2 If Premiere requests to reschedule outside the
one (1)hour time frame above,Premiere shall
be charged an additional Analog 2W Loops
Service Order Charge for reschedulingthe
conversion to the New ConversionTime.
3.17.1.6 If Premiere is not ready to accept service at the Scheduled
Conversion Time or at a New Conversion Time,as
applicable,an additional Service Order Charge shall apply.
If Verizon is not available or ready to perform the
conversion within thirty (30)minutes of the Scheduled
Conversion Time or New Conversion Time,as applicable,
Verizon and Premiere will reschedule and,upon request
from Premiere,Verizon will waive the Analog 2W Loop
Service Order Charge for the original Scheduled
Conversion Time.
3.17.1.7 The standard time interval expected from disconnection of a
live Telephone Exchange Serviceto the connection of the
Analog 2W Loops to Premiere is fifteen (15)minutes per
Analog 2W Loop for all orders consisting of twenty (20)
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Analog 2W Loops or less.Orders involving more than
twenty (20)Loops will require a negotiated interval.
3.17.1.8 Conversions involving LNP will be completedaccording to
North American Numbering Council ("NANC")standards,
via the regional Number PortabilityAdministration Center
("NPAC").
3.17.1.9 If Premiere requiresAnalog 2W Loop conversions outside
of the regularly scheduled Verizon RCCC operating hours,
such conversions shall be separately negotiated.Additional
charges (e.g.overtime labor charges)may apply for desired
dates and times outside of regularly scheduled RCCC
operating hours.
3.18 Verizon shall provide Premiere access to its Loops at each of Verizon's Wire
Centers for Loops terminating in that Wire Center.In addition,if Premiereorders
one or more Loops provisioned via Integrated Digital Loop Carrier or Remote
Switchingtechnology deployed as a Loop concentrator,Verizon shall,where
available,move the requested Loop(s)to a spare physical Loop,if one is existing
and available,at no additional charge to Premiere.If,however,no spare
physical Loop is available,Verizon shall within three (3)Business Days of
Premiere's request notify Premiere of the lack of available facilities.Premiere
may then at its discretion make a Network Element Bona Fide Request pursuant
to Section 14.3 to Verizon to provide the unbundled Local Loop through the
demultiplexing of the integrated digitized Loop(s).Premiere may also make a
Network Element Bona Fide Request pursuant to Section 14.3 for access to
Unbundled Local Loops at the Loop concentration site point.Notwithstanding
anything to the contrary in this Agreement,standard provisioning intervals shall
not apply to Loops provided under this Section 3.18.
4.Line Sharing
4.1 "Line Sharing"is an arrangement by which Verizon facilitates Premiere's
provision of ADSL (in accordance with T1.413),Splitterless ADSL (in accordance
with T1.419),RADSL (in accordance with TR #59),MultipleVirtual Line (MVL)(a
proprietarytechnology),or any other xDSL technology that is presumedto be
acceptable for shared line deployment in accordance with FCC rules,to a
particular Customer location over an existing copper Loop that is being used
simultaneously by Verizon to provide analog circuit-switched voice grade service
to that Customer by making available to Premiere,solely for Premiere's own use,
the frequency range above the voice band on the same copper Loop required by
Premiere to provide such services.This Section 4 addresses line sharing over
loops that are entirely copper loops.
4.2 Subject to the conditions set forth in Section 1,Verizon shall provide Line
Sharing to Premiere for Premiere's provision of ADSL (in accordance with
T1.413),Splitterless ADSL (in accordance with T1.419),RADSL (in accordance
with TR #59),MVL (a proprietary technology),or any other xDSL technology that
is presumed to be acceptable for shared line deployment in accordance with
FCC rules,in accordance with this Section 4 and the rates and charges provided
in the Pricing Attachment.Verizon shall provide Line Sharing to Premiere in
accordance with,but only to the extent required by,Applicable Law.In order for
a Loop to be eligible for Line Sharing,the following conditions must be satisfied
for the duration of the Line Sharing arrangement:(i)the Loop must consist of a
copper loop compatible with an xDSL service that is presumed to be acceptable
for shared-line deployment in accordance with FCC rules;(ii)Verizon must be
Premiere ID Comp v2.3.doc 88
providing simultaneous circuit-switched analog voice grade service to the
Customer served by the Loop in question;(iii)the Verizon Customer's dial tone
must originate from a Verizon End Office Switch in the Wire Center where the
Line Sharing arrangement is being requested;and (iv)the xDSL technology to be
deployed by Premiere on that Loop must not significantly degrade the
performance of other services provided on that Loop.
4.3 Verizon shall make Line Sharing available to Premiere at the rates and charges
set forth in the Pricing Attachment.In addition to the recurring and nonrecurring
charges shown in the Pricing Attachment for Line Sharing itself,the following
rates shown in the Pricing Attachment and in Verizon's applicable Tariffs are
among those that may apply to a Line Sharing arrangement:(i)prequalification
charges to determine whether a Loop is xDSL compatible (i.e.,compatible with
an xDSL service that is presumed to be acceptable for shared-line deployment in
accordance with FCC rules);(ii)engineering query charges,engineering work
order charges,or Loop conditioning (Digital Designed Loop)charges;(iii)
charges associated with Collocation activities requested by Premiere;and (iv)
misdirected dispatch charges,charges for installation or repair,manual
interventionsurcharges,trouble isolation charges,and pair swap/line and station
transfer charges.
4.4 The following ordering procedures shall apply to Line Sharing:
4.4.1 To determine whether a Loop qualifies for Line Sharing,the Loop must
first be prequalified to determine if it is xDSL compatible.Premiere
must utilize the Loop qualification processes described in the terms
applicable to xDSL and Digital Designed Loops to make this
determination.
4.4.2 Premiere shall place orders for Line Sharing by delivering to Verizon a
valid electronic transmittal service order or other mutually agreed upon
type of service order.Such service order shall be provided in
accordance with industry format and specifications or such format and
specifications as may be agreed to by the Parties.
4.4.3 If the Loop is prequalified by Premiere through the Loop prequalification
database,and if a positive response is received and followed by
receipt of Premiere's valid,accurate and pre-qualified service order for
Line Sharing,Verizon will return an LSR confirmation within twenty-
four (24)hours (weekends and holidays excluded)for LSRs with less
than six (6)loops and within 72 hours (weekendsand holidays
excluded)for LSRs with six (6).or more loops.
4.4.4 If the Loop requires qualification manually or through an Engineering
Query,three (3)additional Business Days will generally be required to
obtain Loop qualification results before an order confirmation can be
returned following receipt of Premiere's valid,accurate request.
Verizon may require additional time to complete the Engineering Query
where there are poor record conditions,spikes in demand,or other
unforeseen events.
4.4.5 If conditioning is required to make a Loop capable of supporting Line
Sharing and Premiere orders such conditioning,then Verizon shall
provide such conditioning in accordance with the terms of this
Agreement pertaining to Digital Designed Loops;or if this Agreement
does not contain provisions pertaining to Digital Designed Loops,then
in accordance with Verizon's generally available rates,terms and
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conditionsapplicable to Digital Design Loops;provided,however,that
Verizon shall not be obligated to provide Loop conditioning if Verizon
establishes,in the manner required by Applicable Law,that such
conditioning is likely to degrade significantly the voice-grade service
being provided to Verizon's Customers over such Loops.
4.4.6 The standard Loop provisioning and installation process will be initiated
for the Line Sharing arrangement only once the requested engineering
and conditioningtasks have been completed on the Loop.Scheduling
changes and charges associated with order cancellations after
conditioningwork has been initiated are addressed in the terms
pertainingto Digital Designed Loops,as referenced in Section 4.4.5,
above.The standard provisioning interval for the Line Sharing
arrangement shall be as set out in the Verizon Product Interval Guide;
providedthat the standard provisioning intervalfor the Line Sharing
arrangement shall not exceed the shortest of the following intervals:
(a)six (6)business days;(b)the standard provisioning interval for the
Line Sharing arrangement that is stated in an applicableVerizon Tariff;
or,(c)the standard provisioning interval for the Line Sharing
arrangement that is required by Applicable Law.The standard
provisioning interval for the Line Sharing arrangement shall commence
only once any requested engineering and conditioning tasks have
been completed.Line Sharing arrangements that require pair swaps
or line and station transfers in order to free-up facilities may have a
provisioning interval that is longer than the standard provisioning
intervalfor the Line Sharing arrangement.In no event shall the Line
Sharing interval offered to Premiere be longer than the interval offered
to any similarly situated Affiliate of Verizon.
4.4.7 Premiere must provide all required Collocation,CFA,Special Bill Number
(SBN)and NC/NCI information when a Line Sharing Arrangement is
ordered.Collocation augments required,either at the Point of
Termination (POT)Bay,Collocation node,or for splitter placement,
must be ordered using standard collocation applications and
procedures,unless otherwise agreed to by the Parties or specified in
this Agreement.
4.4.8 The Parties recognize that Line Sharing is an offering that requires both
Parties to make reasonable efforts to coordinate their respective roles
in order to minimize provisioning problems and facility issues.
Premiere will provide reasonable,timely,and accurate forecasts of its
Line Sharing requirements,including splitter placement elections and
ordering preferences.These forecasts are in additionto projections
providedfor other stand-alone unbundled Loop types.
4.5 To the extent required by Applicable Law,Premiere shall provideVerizon with
information regardingthe type of xDSL technology that it deploys on each shared
Loop.Where any proposed change in technology is planned on a shared Loop,
Premiere must provide this information to Verizon in order for Verizon to update
Loop records and anticipate effects that the change may have on the voice grade
service and other Loops in the same or adjacent binder groups.
4.6 As described more fully in Verizon Technical Reference 72575,the xDSL
technology used by Premierefor Line Share Arrangements shall operate within
the Power Spectral Density (PSD)limits set forth in T1.413-1998 (ADSL),
T1.419-2000 (SplitterlessADSL),or TRS9-1999 (RADSL),and MVL (a
proprietary technology)shall operate within the 0 to 4 kHz PSD limits of T1.413-
Premiere ID Comp v2.3.doc 90
1998 and within the transmit PSD limits of T1.601-1998 for frequencies above 4
kHz,provided that the MVL PSD associated with audible frequencies above 4
kHz shall be sufficiently attenuated to preclude significantly degrading voice
services.Premiere's deployment of additional Advanced Servicesshall be
subject to the applicable FCC Rules.
4.7 Premiere may only access the high frequency portion of a Loop in a Line Sharing
arrangement through an established Collocation arrangement at the Verizon
Serving Wire Center that contains the End Office Switch through which voice
grade service is provided to Verizon's Customer.Premiere is responsiblefor
providing,through one of the splitter options described below,a splitter at that
Wire Center that complies with ANSI specification T1.413,employs Direct
Current (DC)blocking capacitors or equivalent technology to assist in isolating
high bandwidth trouble resolution and maintenance to the high frequency portion
of the frequency spectrum,and operates so that the analog voice "dial tone"
stays active when the splitter card is removed for testing or maintenance.
Premiere is also responsible for providing its own Digital Subscriber Line Access
Multiplexer (DSLAM)equipment in the Collocation arrangement and any
necessary Customer Provided Equipment (CPE)for the xDSL service it intends
to provide (including CPE splitters,filters and/or other equipment necessary for
the end user to receive separate voice and data services across the shared
Loop).
Two splitter configurations are available.In both configurations,the splitter must
be provided by Premiere and must satisfy the same NEBS requirements that
Verizon imposes on its own splitter equipment or the splitter equipment of any
Verizon Affiliate.Premiere must designate which splitter option it is choosing on
the Collocation application or augment.Regardless of the option selected,the
splitter arrangements must be installed before Premiere submits an orderfor Line
Sharing.
Splitter Option A (Splitter Option 1):Splitter in Premiere
Collocation Area
In this configuration,the Premiere-providedsplitter (ANSI T1.413 or MVL
compliant)is provided,installed and maintained by Premiere in its own
Collocation space within the Customer's serving End Office.The Verizon-
provideddial tone is routed through the splitter in the Premiere Collocation area.
Any rearrangements will be the responsibility of Premiere.
Splitter Option C (Splitter Option 2):Splitter in Verizon Area
In this configuration,Verizon inventories and maintains a Premiere-provided
splitter (ANSI T1.413 or MVL compliant)in Verizon space within the Customer's
serving End Office.The splitters will be installed shelf-at-a-time.
In those serving End Offices where Verizon employs the use of a POT Bay for
interconnection of Premiere's Collocation arrangement with Verizon's network,
the splitter will be installed (mounted)in a relay rack between the POT Bay and
the MDF.The demarcation point is at the splitter end of the cable connectingthe
POT Bay and the splitter.Installation of the splitter will be performed by Verizon
or,at Premiere's election,by a Verizon-approved vendor designated by
Premiere.
In those serving End Offices where Verizon does not employ a POT Bay for
Premiere ID Comp v2.3.doc 91
interconnection of Premiere's Collocation arrangement with Verizon's network,
the Premiere provided splitter will be installed (mounted)in a relay rack between
the Premiere Collocation arrangement and the MDF.The demarcation point is at
the splitter end of the cable connecting the Premiere Collocation arrangement
and the splitter.Installation of the splitter will be performed by Verizon,or,at
Premiere's election,by a Verizon-approved vendor designated by Premiere.
In either scenario,Verizon will control the splitter and will direct any required
activity.Where a POT Bay is employed,Verizon will also perform all POT Bay
work required in this configuration.Verizon will provide a splitter inventory to
Premiere upon completion of the required work.
4.7.1 Where a new splitter is to be installed as part of an initial Collocation
implementation,the splitter installation may be ordered as part of the
initial Collocation application.Associated Collocation charges
(applicationand engineering fees)apply.Premiere must submit a new
Collocation application,with the application fee,to Verizon detailing its
request.Except as otherwise required by Applicable Law,standard
Collocation intervals will apply.
4.7.2 Where a new splitter is to be installed as part of an existing Collocation
arrangement,or where the existing Collocation arrangement is to be
augmented (e.g.,with additional terminations at the POT Bay or
Premiere's collocation arrangement to support Line Sharing),the
splitter installation or augment may be ordered via an application for
Collocation augment.Associated Collocation charges (application and
engineeringfees)apply.Premiere must submit the applicationfor
Collocation augment,with the application fee,to Verizon.Unless a
longer interval is stated in Verizon's applicable Tariff,an interval of
seventy-six (76)business days shall apply.
4.8 Premiere will have the following options for testing shared Loops:
4.8.1 In serving End Offices where Verizon employs a POT Bay for
interconnection of Premiere Collocation arrangement with Verizon's
network,the following options shall be available to Premiere.
4.8.1.1 Under Splitter Option A,Premiere may conduct its own
physical tests of the shared Loop from Premiere's
collocation area.If it chooses to do so,Premiere may
supply and install a test head to facilitate such physical
tests,provided that:(a)the test head satisfies the same
NEBS requirements that Verizon imposes on its own test
head equipment or the test head equipment of any Verizon
Affiliate;and (b)the test head does not interrupt the voice
circuit to any greater degree than a conventional MLT test.
Specifically,the Premiere-providedtest equipment may not
interrupt an in-in-progress voice connection and must
automatically restore any circuits tested in intervals
comparable to MLT.This optional Premiere-providedtest
head will be installed in Premiere's Collocaton area
between the "line"port of the splitter and the POT Bay in
order to conduct remote physical tests of the shared Loop.
4.8.1.2 Under Splitter Option C,upon request by Premiere,either
Verizon or,at Premiere's election,a Verizon-approved
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vendor selected by Premierewill install a Premiere-provided
test head to enable Premiere to conduct remote physical
tests of the shared Loop.This optional Premiere-provided
test head will be installed at a point between the "line"port
of the splitter and the Verizon-provided test head that is
used by Verizon to conduct its own Loop testing.The
Premiere-provided test head must satisfy the same NEBS
requirements that Verizon imposes on its own test head
equipment or the test head equipment of any Verizon
Affiliate,and may not interrupt the voice circuit to any
greater degree than a conventional MLT test.Specifically,
the Premiere-providedtest equipment may not interrupt an
in-progress voice connection and must automaticallyrestore
any circuits tested in intervals comparable to MLT.Verizon
will inventory,control and maintain the Premiere-provided
test head,and will direct all required activity.
4.8.1.3 Under either Splitter Option,if Verizon has installed its own
test head,Verizon will conduct tests of the shared Loop
using a Verizon-provided test head,and,upon request,will
provide these test results to Premiere during normal trouble
isolation procedures in accordance with reasonable
procedures.
4.8.1.4 Under either Splitter Option,upon request by Premiere,
Verizon will make MLT access available to Premierevia
RETAS after the service order has been completed.
Premiere will utilize the circuit number to initiate a test.
4.8.2 In those serving End Offices where Verizon has not employed a POT
Bay for interconnection of Premiere's Collocation arrangement with
Verizon's network,Premierewill not be permitted to supply its own test
head.Instead,Verizon will make a testing system available to
Premierethrough use of the on-line computer interfacetest system at
www.verizon.com/wise.
4.8.3 The Parties will continue to work cooperatively on testing procedures.
To this end,in situations where Premiere has attemptedto use one or
more of the foregoing testing options but is still unableto resolve the
error or trouble on the shared Loop,Verizon and Premiere will each
dispatch a technician to an agreed-upon point to conduct a joint meet
test to identify and resolve the error or trouble.Verizon may assess a
charge for a misdirected dispatch only if the error or trouble is
determined to be one that Premiere should reasonably have been able
to isolate and diagnose through one of the testing options available to
Premiere above.The Parties will mutually agree upon the specific
procedures for conducting joint meet tests.
4.8.4 Verizon and Premiere each have a responsibility to educate the
Customer regarding which service provider should be called for
problems with their respective service offerings.Verizon will retain
primary responsibility for voice band trouble tickets,including repairing
analog voice grade services and the physical line between the NID at
the Customer premise and the point of demarcation in the Central
Office.Premiere will be responsiblefor repairing services it offers over
the Line Sharing arrangement.Each Party will be responsible for
maintaining its own equipment.If a splitter or test head that Premiere
Premiere ID Comp v2.3.doc 93
has provided to Verizon malfunctions,Premiere shall provide a
replacement splitter of test head to Verizon.Before either Party
initiates any activity on a shared Loop that may cause a disruption of
the service of the other Party,that Party shall first make a good faith
effort to notify the other Party of the possibility of a service disruption.
Verizon and Premierewill work together to address Customer initiated
repair requests and to prevent adverse impacts to the Customer.
4.8.5 When Verizon provides inside Wire maintenance services to the
Customer,Verizon will only be responsiblefor testing and repairingthe
Inside Wire for voice-grade services.Verizon will not test,dispatch a
technician,repair,or upgrade Inside Wire to clear trouble calls
associated with Premiere's Advanced Services.Verizon will not repair
any CPE provided by Premiere.Before a trouble ticket is issued to
Verizon,Premiere shall validate whether the Customer is experiencing
a trouble that arises from Premiere's service.If the problem reported
is isolated to the analog voice-grade service providedby Verizon,a
trouble ticket may be issued to Verizon.
4.8.6 In the case of a trouble reported by the Customer on its voice-grade
service,if Verizon determines the reported trouble arises from
Premiere's equipment,splitter problems,or Premiere's activities,
Verizon will:
4.8.6.1 Notify Premiere and request that Premiere immediately test
the trouble on Premiere's service.
4.8.6.2 If the Customer's voice grade service is so degraded that
the Customer cannot originate or receive voice grade calls,
and Premiere has not cleared its trouble within a reasonable
time frame,Verizon may take unilateral steps to temporarily
restore the Customer's voice grade service if Verizon
determines in good faith that the cause of the voice
interruption is Premiere's service.
4.8.6.3 Upon compledon of the steps in 4.8.6.1 and 4.8.6.2,above,
Verizon may temporarily remove the Premiere-provided
splitter from the Customer's Loop and switch port if Verizon
determines in good faith that the cause of the voice
interruption is Premiere's service.
4.8.6.4 Upon notification from Premiere that the malfunction in
Premiere's service has been cleared,Verizon will restore
Premiere's service by restoring the splitter on the
Customer's Loop.
4.8.6.5 Upon completion of the above steps,Premiere will be
charged a Trouble Isolation Charge (TIC)to recover
Verizon's costs of isolating and temporarily removingthe
malfunctioning Premiere service from the Customer's line if
the cause of the voice interruption was Premiere's service.
4.8.6.6 Verizon shall not be liable to Premiere,the Customer,or
any other person,for damages of any kind for disruptions to
Premiere's service that are the result of the above steps
taken in good faith to restore the end user's voice-grade
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POTS service,and Premiere shall indemnify Verizon from
any Claims that result from such steps.
5.Line Splitting
CLECs may provide integrated voice and data services over the same Loop by engaging
in "Line Splitting"as set forth in paragraph 18 of the FCC's Line Sharing Reconsideration
Order (CC Docket Nos.98-147,96-98),released January 19,2001.Any Line Splitting
betweentwo CLECs shall be accomplished by prior negotiated arrangement between
those CLECs.To achieve a Line Splitting capability,CLECs may utilize supporting
Verizon OSS to order and combine in a Line Splitting configuration an unbundledxDSL
capable Loop terminated to a collocated splitter and DSLAM equipment provided by a
participating CLEC,unbundled switching combined with shared transport,collocator-to-
collocator connections,and available cross-connects,under the terms and conditions set
forth in their InterconnectionAgreement(s).The participating CLECs shall provide any
splitters used in a Line Splitting configuration.CLECs seeking to migrate existing UNE
platform configurationsto a Line Splitting configuration using the same Network Elements
utilized in the pre-existing platform arrangement,or seeking to migrate a Line Sharing
arrangementto a Line Splitting configuration using the existing Loop,a Verizon Local
Switching Network Element,and the existing central office wiring configuration,may do
so consistent with such implementationschedules,terms,conditions and guidelines as
are agreed upon for such migrations in the ongoing DSL Collaborative in the State of
New York,NY PSC Case 00-C-0127,allowing for local jurisdictional and OSS
differences.
6.Sub-Loop
6.1 Sub-Loop -Distribution (USLA).
Subject to the conditions set forth in Section 1 and upon request by Premiere,
Verizon shall provide Premiere with access to a Sub-Loop Distribution Facility (as
such term is hereinafter defined)in accordance with ,and subject to,the terms
and provisions of this Section 6,the rates set forth in the Pricing Attachment,and
the rates,terms and conditions set forth in Verizon's applicable Tariffs.A
"Distribution Sub-Loop"means a two-wire or four-wire metallic distributionfacility
in Verizon's network between a Verizon feeder distribution interface (an FDI)and
the rate demarcation point for such facility (or network interface device (NID)if
the NID is located at such rate demarcation point).Verizon shall provide
Premiere with access to a Sub-Loop Distribution Facility in accordance with,but
only to the extent required by,Applicable Law.
6.1.1 Premiere may request that Verizon reactivate (if available)an unused
drop and NID or provide Premiere with access to a drop and NID that,
at the time of Premiere's request,Verizon is using to provide service to
the Customer (as such term is hereinafter defined.
6.1.2 Premiere may obtain access to a Sub-Loop Distribution Facility only at
an FDI and only from a Telecommunications outside plant
interconnectioncabinet (TOPIC)or,if Premiere is collocated at a
remote terminal equipment enclosure and the FDI for such Sub-Loop
Distribution Facility is located in such enclosure,from the collocation
arrangement of Premiere at such terminal.To obtain access to a Sub-
Loop Distribution Facility,Premiere shall install a TOPIC on an
easement or Right of Way obtained by Premiere within 100 feet of the
Verizon FDl to which such Distribution Sub-Loop is connected.A
TOPIC must comply with applicable industry standards.Subject to the
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terms of applicable Verizon easements,Verizon shall furnish and place
an interconnecting cable between a Verizon FDI and a Premiere
TOPIC and Verizon shall install a termination block within such TOPIC.
Verizon shall retain title to and maintain the interconnectingcable.
Verizon shall not be responsiblefor building,maintaining or servicing
the TOPIC and shall not provide any power that might be required by
Premiere for any electronics in the TOPIC.Premiere shall provide any
easement,Right of Way or trenching or supporting structure required
for any portion of an interconnecting cable that runs beyond a Verizon
easement.
6.1.3 Premiere may request from Verizon by submitting a loop make-up
engineering query to Verizon,and Verizon shall provide to Premiere,
the following information regarding a Sub-Loop Distribution Facility that
serves an identified Customer:the Sub-Loop Distribution Facility's
length and gauge;whether Sub-Loop Distribution Facility has loading
and bridged tap;the amount of bridged tap (if any)on the Sub-Loop
Distribution Facility;and,the location of the FDl to which the Sub-Loop
Distribution Facility is connected.
6.1.4 To order access to a Sub-Loop Distribution Facility,Premiere must first
request that Verizon connect the Verizon FDI to which the Sub-Loop
Distribution Facility is connectedto a Premiere TOPIC.To make such
a request,Premiere must submit to Verizon an application (a "Sub-
Loop Distribution Facility InterconnectionApplication")that identifies
the FDl at which Premiere wishes to access the Sub-Loop Distribution
Facility.A Sub-Loop Distribution Facility InterconnectionApplication
shall state the location of the TOPIC,the size of the interconnecting
cable and a description of the cable's supporting structure.A Sub-
Loop Distribution Facility InterconnectionApplication shall also include
a five-year forecast of Premiere's demand for access to Sub-Loop
Distribution Facilities at the requested FDI.Premiere must submit the
application fee set forth in the Pricing Attachment attached hereto and
Verizon's applicable Tariffs (a "Sub-Loop Distribution Facility
Application Fee")with Sub-Loop Distribution Facility Interconnection
Application.Premiere must submit Sub-Loop Interconnection
Applications to:
Premiere's Account Manager
6.1.5 Within sixty (60)days after it receives a complete Sub-Loop Distribution
Facility Interconnection Application for access to a Sub-Loop
Distribution Facility and the Sub-Loop Distribution Facility Application
Fee for such application,Verizon shall provide to Premiere a work
order that describes the work that Verizon must perform to provide
such access (a "Sub-Loop Distribution Facility Work Order")and a
statement of the cost of such work (a "Sub-Loop Distribution Facility
InterconnectionCost Statement").
6.1.6 Premiere shall pay to Verizon fifty percent (50%)of the cost set forth in a
Sub-Loop Distribution Facility interconnection Cost Statement within
sixty (60)days of Premiere's receipt of such statement and the
associated Sub-Loop Distribution Facility Work Order,and Verizon
shall not be obligated to perform any of the work set forth in such order
until Verizon has received such payment.A Sub-Loop Distribution
Facility InterconnectionApplication shall be deemed to have been
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