20041230Amendment 2.pdf

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December 29, 2004
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17933 N.W. Evergreen Pkwy
P.O. Box 1100
Beaverton, OR 97076
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, Idaho
RE: Amendment 2 to the Interconnection Agreement between Verizon Northwest Inc.
and Level 3 Communications
Dear Ms. Jewell
Enclosed for filing is the original and three copies of Amendment 2 to the interconnection
agreement between Verizon Northwest Inc. and Level 3 Communications. The case
number for this agreement is VZN-02-4. Please call me at [phone] if you have
any questions.
Sincerely,
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Renee M. Willer
Verizon Northwest Inc.
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AMENDMENT NO.
to the
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INTERCONNECTION AGREEMENT
between
VERIZON NORTHWEST INC.
and
, LEVEL 3 COMMUNICATIONS, LLC
This Amendment No.2 (the "Amendment") shall be deemed effective on the "Effective
Date" by and between Verizon Northwest Inc. ("Verizon ), a Washington corporation with
offices at 1800 41 s1 Street, Everett, W A 98201 , and Level 3 Communications, LLC, a Delaware
limited liability company with offices at 1025 Eldorado Boulevard, Broomfield, Colorado 80021
Level 3"
).
Verizon and Level 3 may hereinafter be referred to collectively as the "Parties" and
individually as a "Party". This Amendment covers services in the State of Idaho.
WITNESSETH:
WHEREAS pursuant to an adoption letter dated March 29 2002 (the "Adoption
Letter ), Level 3 adopted in the State of Idaho , the interconnection agreement between Ciera
Network Systems, Inc. and Verizon (such Adoption Letter and underlying adopted
interconnection agreement referred to herein collectively as the "Agreement"); and
WHEREAS the Parties wish to amend the Agreement to reflect their agreement on
intercarrier compensation and interconnection architecture as set forth in Attachment A to this
Amendment.
NOW, THEREFORE in consideration of the mutual promises, provisions and
covenants herein contained, the sufficiency of which is hereby acknowledged, the Parties agree
as follows:
1. The Parties agree that the terms and conditions set forth in Attachment A shall govern
the Parties' mutual rights and obligations with respect to intercarrier compensation
Level 3 ID Interc Amendmentdoc
and interconnection architecture.
2. Conflict between this Amendment and the Agreement.This Amendment shall be
deemed to revise the terms and provisions of the Agreement to the extent necessary to
give effect to the terms and provisions of this Amendment. In the event of a conflict
between the terms and provisions of this Amendment and the terms and provisions of
the Agreement, this Amendment shall govern provided, however that the fact that a
term or provision appears in this Amendment but not in the Agreement, or in the
Agreement but not in this Amendment, shall not be interpreted as, or deemed grounds
for finding, a conflict for purposes of this Section 2
3. Counterparts. This Amendment may be executed in one or more counterparts, each
of which when so executed and delivered shall be an original and all of which
together shall constitute one and the same instrument.
4. Captions The Parties acknowledge that the captions in this Amendment have been
inserted solely for convenience of reference and in no way define or limit the scope or
substance of any term or provision of this Amendment.
5. Scope of Amendment.This Amendment shall amend, modify and revise the
Agreement only to the extent set forth expressly in Section I of this Amendment, and
except to the extent set forth in Section of this Amendment, the terms and
provisions of the Agreement shall remain in full force and effect after the Effective
Date.
Level 3 ID Interc Amendmentdoc
SIGNATURE PAGE
executed.
IN WITNES S WHEREOF, the Parties hereto have caused this Amendment to be
LEVEL 3 COMMUNICATIONS, LLC
Printed: LaCharles Keesee
Title: Vice President - Wholesale Voice
Services
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Level 3 ID Interc Amendmentdoc
VERIZON NORTHWEST INC.
By:
Printed: Jeffrey A. Masoner
Title: Vice President - Interconnection Services
Attachment A
Definitions. F or the purposes of this Attachment, the following terms shall have the
meanings provided below.
(a) "Act" means the Communications Act of 1934 (47 U.C. Section 151 et. seq.), as
amended from time to time (including, but not limited to, by the Telecommunications Act of
1996) .
(b) A "Call Record" shall include identification of any VOIP Traffic as VOIP Traffic, as
well as at least one of the following: charge number, Calling Party Number ("CPN"), or
Automatic Number Identifier. In addition, a "Call Record" may include any other information
agreed upon by both Parties to be used for identifying the jurisdiction of the call or for
assessing applicable intercarrier compensation charges. If the Forbearance Order and/or the
FCC VOIP Order (as such terms are defined in Section 3.2) render this definition of "Call
Record" to be inapplicable for the purpose of determining the jurisdiction of the call, the Parties
will negotiate to agree upon any other information to be used prospectively for identifying the
jurisdiction of a call and/or for assessing applicable intercarrier compensation charges as a
replacement for charge number, CPN, or ANI.
(c) "Compensable Base" means the total combined minutes of use ofISP-Bound Traffic
and Local Traffic originated by Verizon to Level 3 from July 1 , 2002 through June 30, 2003 in
all jurisdictions, that Verizon has agreed in writing are subject to intercarrier compensation.
Any minutes of use that Verizon has not agreed are subject to intercarrier compensation, or as
to which there remains an outstanding billing dispute between the Parties, shall not be included
in the Compensable Base.
(d) "End User" means a third party residence or business end-user subscriber to
Telephone Exchange Services, as such term is defined in the Act, provided by either of the
Parties.
(e)Effective Date" means Aprill , 2004.
(f) "End Office" means a switching entity that is used to terminate End User station
loops for the purpose of interconnection to each other and to trunks.
(g) "
Extended Local Calling Scope Arrangement" means an arrangement that provides a
End User a local calling scope (Extended Area Service
, "
EAS"), outside the End User 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 End User
terminates outside of the End User s basic exchange serving area.
(h)Exchange Access" shall have the meaning set forth in the Act.
Level 3 ID Interc Amendmentdoc
(i)Intentionally left blank.
G) "Information Access means 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 an Internet service provider.
(k)Information Service" shall have the meaning set forth in the Act.
(1) "ISP-Bound Traffic" means any Telecommunications traffic originated on the public
switched telephone network ("PSTN") on a dial-up basis that is transmitted to an internet
service provider at any point during the duration of the transmission, including V /FX Traffic
that is transmitted to an internet service provider at any point during the duration of the
transmission, but not including VOIP Traffic.
(m) "LERG" or "Local Exchange Routing Guide" means a Telcordia Technologies
reference containing NP AlNXX routing and homing information.
(n) "Local Traffic" consists of Telecommunications traffic for which compensation is
required by both Section 251(b)(5) of the Act and 47 C.R Part 51; and, for the avoidance
of any doubt, the following types of traffic, among others, do not constitute Local Traffic
under the terms of this Agreement: ISP-Bound Traffic; Telecommunications traffic that is
interstate or intrastate Exchange Access, Information Access, or exchange services for
Exchange Access or Information Access; toll traffic, including, but not limited to, calls
originated on a 1 + presubscription basis, or on a casual dialed (1 OXXX/l 0 XXXX) basis;
Optional Extended Local Calling Scope Arrangement Traffic; special access, private line
frame relay, A TM, or any other traffic that is not switched by the receiving party; tandem
transit traffic; V /FX Traffic; voice Information Service traffic; or VOIP Traffic.
(0) "NXX or "NXX Code" means the three-digit switch entity indicator (i.e. the first
three digits of a seven-digit telephone number).
(p) "
Switched Exchange Access Service" means the offering of transmission and
switching services for the purpose of the origination or termination of toll traffic. Switched
Exchange Access Services include but may not be limited to: Feature Group A, Feature
Group B , Feature Group D, 700 access, 800 access, 888 access and 900 access.
(q) "
Tandem" or "Tandem Switch" means a physical or logical 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.
Level 3 ID Interc Amendmentdoc
(r)Telecommunications" shall have the meaning set forth in the Act.
(s)Telecommunications Carrier" shall have the meaning set forth in the Act.
(t) "Virtual Foreign Exchange Traffic" or "V/FX" Traffic means a call to an End
User assigned a telephone number with an NXX Code (as set forth in the LERG)
associated with an exchange that is different than the exchange (as set forth in the LERG)
associated with the actual physical location of such End User s station.
(u) "VOIP Traffic" means voice communications that are transmitted in whole or in
part over packet switching facilities using Internet Protocol or any similar packet protocol.
For avoidance of doubt, VOIP Traffic does not include ISP-Bound Traffic that is not used
to generate voice traffic to or from the PSTN.
(v) "Wire Center" means a building or portion thereof which serves as the premises
for one or more Central Office Switches and related facilities.
2. General/Term. Notwithstanding any change to Applicable Law effected after the
Effective Date (and not withstanding any provision in the Agreement governing the Parties
rights or obligations in the event of such a change in Applicable Law), subject to compliance
with Sections 6 and 7 below, and provided that there are no outstanding billing disputes
between the Parties with respect to intercarrier compensation charges billed by either Party
prior to the Effective Date with respect to Local Traffic, ISP-Bound Traffic or switched access
traffic, the terms set forth in subsections 2.2.4 below shall govern the Parties' rights and
obligations regarding compensation for ISP-Bound Traffic and Local Traffic. If there are
outstanding billing disputes between the Parties with respect to intercarrier compensation
charges billed by either Party prior to the Effective Date with respect to Local Traffic, ISP-
Bound Traffic or switched access traffic, then subsections 2.2.4 below shall not apply and
compensation for ISP-Bound Traffic and Local Traffic exchanged between the Parties shall be
governed by the following: (i) an intercarrier compensation rate of zero ($0) shall apply to ISP-
Bound Traffic delivered by Verizon to Level 3 and (ii) Verizon s then-prevailing reciprocal
compensation rates in each particular service territory (as set forth in V erizon' s standard price
schedules, as amended) shall apply to ISP-Bound Traffic delivered by Level 3 to Verizon and
to all Local Traffic exchanged between the Parties. For purposes of the preceding sentence
only, all Local and ISP-Bound Traffic above a 2:1 ratio shall be considered to be ISP-Bound
Traffic.
Intercarrier Compensation for ISP-Bound Traffic and Local Traffic
Commencing on the Effective Date, and continuing prospectively for the applicable time
periods described below, when ISP-Bound Traffic or Local Traffic is originated by an
End User of a Party on that Party's network (the "Originating Party") and delivered to the
other Party (the "Receiving Party") for delivery to an End User of the Receiving Party,
the Receiving Party shall bill and the Originating Party shall pay intercarrier
compensation at the following equal and symmetrical rates: $.0005 per minute of use for
Level 3 ID Interc Amendmentdoc
the period beginning on the Effective Date and ending on December 31 , 2004
, $.
00045
per minute of use for the period beginning January 1 , 2005 and ending on December 31
2005
, $.
0004 per minute of use for the period beginning January 1 , 2006 and ending upon
the effective date of termination of this Section 2.1 (collectively, the "Intercarrier
Compensation Rates
);
provided, however that V erizon shall be under no obligation to
pay any intercarrier compensation to Level 3 on Local Traffic or ISP-Bound Traffic
insofar as the total combined minutes of use of such traffic originated by Verizon to
Level 3 in all jurisdictions in which the Parties exchange traffic exceeds the
Compensable Base by the following threshold percentages during each of the specified
calendar years: 175% for 2004, 200% for 2005 , 225% for 2006, and 225% for any
calendar year subsequent to 2006 in which this Section 2.1 remains in effect.
The Intercarrier Compensation Rates shall not apply to V/FX Traffic that is not
ISP-Bound Traffic, which such other V /FX Traffic shall be subject to applicable
Switched Exchange Access Service tariff charges; provided, however, that the Parties do
not agree on the compensation due for the exchange ofVOIP Traffic that may constitute
V/FX Traffic under Section l(t) ("V/FX VOIP Traffic
).
Pending resolution of the
Parties ' dispute on the compensation due for V/FX VOIP Traffic , Level 3 shall pay at
least the Intercarrier Compensation Rates to Verizon for V /FX VOIP Traffic (other than
V/FX VOIP Traffic addressed in Section 3., as to which interstate access charges shall
apply) that it delivers to Verizon (in doing so, but without any probative value as to the
substance of either Party's position on the appropriate compensation due on V/FX VOIP
Traffic, Level 3 may dispute access or intercarrier compensation charges billed by
Verizon in excess of the Intercarrier Compensation Rates). The Parties hereby agree that
as of the Effective Date, they are exchanging only a de minimis amount of V /FX Traffic
that is not ISP-Bound Traffic; the Parties further agree that, from time to time, upon
written request from either Party, the other Party shall review with the requesting Party
whether the amount of such V /FX Traffic that is not ISP- Bound Traffic exchanged
between them remains de minimis. For avoidance of doubt, the Intercarrier
Compensation Rates also shall not apply to VOIP Traffic, except as set forth in this
paragraph or to the extent otherwise required by Section 3 below.
2.3 Notwithstanding anything else in this Attachment, and except as otherwise
provided in this Section 2., if Level 3 fails to comply with Sections 6 and 7 of this
Attachment, the Intercarrier Compensation Rates set forth in this Section 2 shall not
apply to ISP-Bound Traffic and Local Traffic delivered by Verizon to Level 3. Instead
the applicable intercarrier compensation rate for such ISP- Bound Traffic and Local
Traffic delivered by Verizon to Level 3 shall be zero ($0) effective on the date Verizon
provides Level 3 written notice detailing the specific facts and documentation supporting
its position of non-compliance with Sections 6 and 7 of this Attachment ("Non-
Compliance Notice ) and continuing until the earlier of a determination by Verizon that
Level 3 is in compliance with Sections 6 and 7 of this Attachment or termination of
Sections 2 and 3 of this Attachment, as provided in Section 4 below. If Level 3 disagrees
with the non-compliance finding, Level 3 shall respond in writing to Verizon within ten
Level 3 ID Interc Amendmentdoc
business days of receipt of the Non-Compliance Notice with: (i) facts and documentation
supporting its position and (ii) the name of an individual who will serve as Level 3'
representative for purposes of negotiating resolution of the non-compliance dispute
Level 3 Response
).
Verizon shall have ten business days from receipt of the Level 3
Response to designate its representative to the negotiation, and shall continue to make
payments during the Negotiation Period (as defined below) as though the Intercarrier
Compensation Rates in this Section 2 continued to apply. The Parties' representatives
shall meet at least once within 45 days after the date of the Level 3 Response 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. If the Parties have been unable to resolve the
dispute within 45 days of the date of the Level 3 Response ("Negotiation Period"), either
Party may pursue any remedies available to it under the 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; provided, however that if the
matter is resolved with a finding that Level 3 was not in compliance with Sections 6 and
7 of this Attachment, Level 3 shall refund any payments of the Intercarrier Compensation
Rates made by Verizon during the Negotiation Period.
2.4 In the event that Verizon should continue to offer or provide unbundled network
element platforms ("UNE- P") after the Effective Date, the Intercarrier Compensation
Rates shall not apply to any traffic involving Level 3 End Users served by UNE-, and
the Parties instead will negotiate in good faith to conclude mutually acceptable provisions
governing intercarrier compensation associated with traffic to Level 3 End Users served
by UNE-
VOIP Traffic.
Agreement to Comply with FCC Declaratory Ruling.The Parties agree that
VOIP Traffic that originates on and terminates to the PSTN shall be subject to interstate
access charges, as set forth in the FCC's Order In the Matter of Petition for Declaratory
Ruling that AT&T's Phone-to-Phone IP Telephony Services are Exemptfrom Access
Charges FCC 04-, WC Docket No. 02-361 (released April 21 , 2004) ("AT&T Order
unless and until the AT&T Order is modified in the Forbearance Order and/or the FCC
VOIP Order (as such terms are defined in Section 3.2), in which case the Parties will
negotiate an amendment to this Attachment to apply prospectively from the date of such
Forbearance Order and/or the FCC VOIP Order addressing intercarrier compensation for
the VOIP Traffic described in this Section 3.
Other VOIP Traffic . Except as provided in Section 3.1 , the Parties do not agree on
the compensation due for the exchange ofVOIP Traffic. Accordingly, until such time as
the FCC issues a substantive order in WC Docket No. 04-36 (FCC 04-28) on what
compensation is due for the exchange ofVOIP Traffic ("FCC VOIP Order ) and such
order becomes effective, Level 3 shall: (i) identify and track all VOIP Traffic that either
Level 3 ID Interc Amendmentdoc
originates or terminates on the PSTN and (ii) pay at least the Intercarrier Compensation
Rates to Verizon for VOIP Traffic other than VOIP Traffic addressed in Section 3.1 that
it delivers to Verizon (in doing so, but without any probative value as to the substance of
either Party s position on the appropriate compensation due on VOIP Traffic, Level 3
may dispute access or intercarrier compensation charges billed by Verizon in excess of
the Intercarrier Compensation Rates). Upon effectiveness of the FCC VOIr Order, such
FCC VOIr Order shall be applied prospectively from the effective date of the FCC VOIP
Order and retroactively to the Effective Date (taking into account intercarrier
compensation payments made on VOIP Traffic under the preceding sentence); provided,
however that if a Party has filed a forbearance proceeding at the FCC addressing
whether access charges should apply to VOIr Traffic originating or terminating on the
PSTN, such as Level3's filing of a petition for forbearance in Docket No. 03-266
Forbearance Proceeding ), then if the FCC issues an order in such Forbearance
Proceeding or the petition for forbearance otherwise becomes effective (in either case
the "Forbearance Order ) prior to issuance of the FCC VOIP Order, the Parties agree to
apply the results of the Forbearance Order to the VOIr Traffic defined in the Forbearance
Order prospectively from the effective date of the Forbearance Order and retroactively to
the Effective Date until such time as the FCC VOIP Order is issued (taking into account
intercarrier compensation payments made on VOIP Traffic under the preceding
sentence), at which time such FCC VOIP Order shall be applied to the VOIP Traffic
defined in the FCC VOIP Order prospectively from the effective date of the FCC VOIP
Order (such implementation of a Forbearance Order and/or the FCC VOIP Order, the
VOIP Order Application
);
provided, further that ifVOIP Traffic is treated as
Information Service traffic or as Local Traffic (either substantively or for compensation
purposes only) by the Forbearance Order and/or the FCC VOIP Order, then for purposes
of implementing such order(s) as part of the VOIP Order Application only (and only so
long as the Forbearance Order and/or the FCC VOIP Order are in effect), VOIP Traffic
terminated to or originated on the PSTN shall be subject to a rate of $.0007 per minute of
use except to the extent the amount ofVOIP Traffic delivered by Verizon to Level 3
exceeds the amount ofVOIP Traffic delivered by Level 3 to Verizon in a monthly billing
period by more than 10% ("Imbalance Factor ), in which case for all VOIP Traffic
delivered by Verizon to Level 3 during that billing period in excess of the Imbalance
Factor, Level 3 shall bill and Verizon shall pay the Intercarrier Compensation Rates; and
provided, further that Level 3 and Verizon expressly waive any grounds they may have
to raise any timing limitation on back-billing implemented by the other Party to
effectuate the VOIP Order Application.
Termination.Either Party may terminate Sections 2 and 3 of this Attachment effective
on or after January 1 , 2007 (such date
, "
Termination Effective Date ) by providing nine
(9) months advance written notice to the other Party if the notice is provided on or before
November 30, 2006 or by providing thirty (30) days advance written notice to the other
Party if the notice is provided on or after December 1 , 2006 (in either case, the date such
notice is provided shall be the "Termination Notice Date " which shall not be prior to
Level 3 ID Interc Amendmentdoc
April 1 , 2006), provided that in the event that either Party elects to exercise its right to
terminate Sections 2 and 3 of this Attachment: (i) the Parties shall promptly amend the
Agreement to govern intercarrier compensation between the Parties for Local Traffic and
ISP-Bound Traffic, and any such amendment (whether negotiated, arbitrated or otherwise
litigated) shall be effective as of the Termination Effective Date and (ii) the VOIP Order
Application described in Section 3.2 of this Attachment shall not apply to any time
period after the Termination Notice Date (but which VOIP Order Application, for
avoidance of doubt, will continue to apply to all time periods between the Effective Date
and the Termination Notice Date regardless of the issuance date of the Forbearance Order
or FCC VOIP Order; provided, further, that Section 3.2 shall be included in any
interconnection agreement or amendment (including adoptions) entered into by the
Parties unless and until the VOIP Order Application has been implemented by the
Parties).
Other Traffic.
Notwithstanding anything else in this Attachment, for traffic Level 3 delivers to Verizon
that originates with a third carrier, except as may be subsequently agreed to in writing by
the Parties, Level 3 shall pay Verizon the same amount that such third carrier would have
paid Verizon for that traffic at the location the traffic is delivered to Verizon by Level 3.
Call Records Each Party shall take steps to ensure that all calls (including VOIP traffic)
that it delivers to the receiving Party include a Call Record, and that such Call Records
are transmitted intact to the receiving Party. Neither Party shall: (i) remove Call Records
(ii) alter or replace Call Records, or (iii) insert or add any Call Record information (such
as a Charge Number) that does not correspond to that of the calling party. Using its best
efforts and to the extent technically feasible, each Party also shall undertake steps to
ensure that any service provider who hands off traffic for delivery to the other Party does
not: (i) remove Call Records, (ii) alter or replace Call Records, or (iii) insert or add any
Call Record information (such as a Charge Number) that does not correspond to that of
the calling party. N either Party shall knowingly and intentionally ( a) strip or alter Call
Records to disguise the jurisdiction of a call or (b) permit third parties to do so for traffic
the Party delivers to the other Party.
For billing purposes, each Party shall pass a Call Record on each call delivered to the
other Party to the extent technically feasible. The Receiving Party shall bill the Originating
Party the then-current Intercarrier Compensation Rate, intrastate Switched Exchange Access
Service rates, or interstate Switched Exchange Access Service rates applicable to each
relevant minute of traffic for which Call Records are passed based on the Call Records, or
other information that allows the Receiving Party to determine the jurisdiction of the call in
accordance with the provisions herein, as provided in this Attachment, the applicable
interconnection agreement between the Parties or the Receiving Party's applicable tariffs.
2 If, the percentage of calls passed with Call Record information is greater than ninety
percent (90%), all calls exchanged without Call Record information will be billed according
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to the jurisdictional proportion of the calls passed with Call Record information. If the
percentage of calls passed without Call Record information is less than ninety percent (90%),
all calls without Call Record information up to (but not exceeding) ten percent (10%) of all
calls, will be billed according to the jurisdictional proportion of the calls passed with Call
Record information, and the remaining calls without Call Record information will be billed
at intrastate Switched Exchange Access Service rates.
Intentionally left blank.
6.4 If the Receiving Party lacks the ability to use Call Records to classify on an
automated basis traffic delivered by the other Party as either ISP- Bound Traffic or Local
Traffic or toll traffic, the Originating Party will supply, at the request of the Receiving Party,
an auditable Percent Local Usage ("PLU") report (including Local Traffic and ISP-Bound
Traffic) quarterly, based on the previous three (3) months' traffic , and applicable to the
following three (3) months' traffic. If the Originating Party also desires to combine
interstate and intrastate toll traffic on the same trunk group, it will supply an auditable
Percent Interstate Usage ("PIU") report quarterly, based on the previous three (3) months
terminating traffic, and applicable to the following three (3) months' traffic. In lieu of the
foregoing PLU and/or PIU reports, the Parties may agree to provide and accept reasonable
surrogate measures for an agreed-upon period.
Measurement of billing minutes for purposes of determining terminating
compensation shall be in conversation seconds. The Parties agree that, in addition to any
applicable audit provisions in their applicable interconnection agreement, each Party
shall have the right to conduct, at its own cost, periodic (but in any case no more frequent
than semi-annual) audits, on commercially reasonably terms and conditions, with respect
to billings sent in connection with this Attachment; and the other Party agrees to
reasonably cooperate with any such audits.
For avoidance of doubt, all of this Section 6 shall apply to VOIr Traffic
exchanged between the Parties until such time as the VOIP Order Application is
implemented pursuant to Section 3.2 above, at which time all of this Section 6 shall
continue to apply to VOIP Traffic except as otherwise provided by implementation of the
VOIr Order Application.
7. Points of Interconnection~ Mutual POls. Notwithstanding any other provision in the
interconnection agreement between the parties, any applicable tariff or SGA T, or under Applicable
Law, this Section shall set forth the Parties' respective rights and obligations with respect to
interconnection architecture.
Mutual points of interconnection ("POls ) in each LATA in which the Parties
exchange traffic shall be established as set forth in this Section 7.
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(a) Level 3 shall establish at least one technically feasible point on Verizon
network in each of the Verizon Tandem serving areas in each LATA in which the
Parties exchange traffic at which each Party shall deliver its originating traffic to the
other Party (such a point, a "mutual POI"
).
Each mutual POI shall be at the relevant
Verizon Tandem Wire Center, unless otherwise agreed to in writing by the Parties.
Level 3 shall deliver traffic that is to be terminated through a Verizon End Office to
the mutual POI at the Verizon Tandem Wire Center that such Verizon End Office
subtends. Each mutual POI established under this Section 7.1(a) may be
accomplished by Level 3 through: (1) a collocation site established by Level 3 at the
relevant Verizon Tandem Wire Center, (2) a collocation site established by a third
party at the relevant Verizon Tandem Wire Center, or (3) transport (and entrance
facilities where applicable) ordered and purchased by Level 3 from Verizon at the
applicable Verizon intrastate access rates and charges.
(i)
(ii)
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The Parties may use the trunks delivering traffic to the mutual POI to
deliver the following types of traffic between their respective
Telephone Exchange Service End Users: Local Traffic, ISP-Bound
Traffic VOIP Traffic, tandem transit traffic, translated LEC
IntraLA T A toll free service access code (e., 800/888/877) traffic
and where agreed to between the Parties and as set forth in subsection
(ii) below, IntraLA T A and InterLA T A toll traffic.
Under the architectures described in this Section 7, and subject to
mutual agreement of the Parties, either Party may use the trunks
delivering traffic to the mutual POI for the termination of
intraLA T A or interLA T A toll traffic in accordance with the terms
contained in this Section 7 and pursuant to the other Party'
Switched Exchange Access Services Tariffs. If Level 3 seeks for
Verizon to deliver intraLA T A and interLA T A presubscribed traffic
originated by Verizon End Users to Level 3 over existing local
interconnection architecture, Level 3 shall make a written request
ofVerizon, and subject to the mutual agreement of the Parties: (i)
the Parties will evaluate the feasibility of transporting such traffic
in this manner through testing and other means (in which case , all
testing and development costs incurred by Verizon shall be borne
by Level 3) and (ii) the Parties shall attempt in good faith to
negotiate an amendment to this Attachment to address such traffic.
When toll traffic is delivered over the same trunks as Local and/or
ISP-Bound Traffic, any port, transport or other applicable access
charges related to the delivery of toll traffic from the mutual POI
on Verizon s network in a LATA to the terminating Party's End
User shall be prorated so as to apply to the toll traffic.
(iii)Notwithstanding anything else in this Agreement, Interstate and
intrastate Exchange Access, Information Access, exchanges services
for Exchange Access or Information Access, and toll traffic, shall be
governed by the applicable provisions of this Attachment, the
Agreement and applicable Tariffs.
(b) At any time that Level 3 has established a Collocation site at a Verizon
End Office Wire Center, then either Party may request that such Level 3
Collocation site be established as a Mutual POI for traffic originated from or
terminated to Verizon End Users served by an End Office in the Verizon End
Office Wire Center.
(c) In any LATA in which there are fewer than two (2) Verizon Tandems, then in
addition to the mutual POI at the Verizon Tandem Wire Center, Verizon may request
and Level 3 shall establish an additional mutual POI at any Verizon End Office Wire
Center: (i) at any time after the traffic exchanged between Level 3 and Verizon End
Users served by the Verizon End Office reaches six (6) DS1s (approximately 1.3
million minutes of use per month) or (ii) at any Verizon End Office which is
subtended by remote Verizon End Office(s) (any mutual POI located at a Verizon
End Office Wire Center pursuant to this Section 7.1 (c), an "Additional Mutual
POI"). Verizon also may require the establishment of an Additional Mutual POI at a
Verizon End Office other than the serving Verizon End Office, in which case Level 3
shall order Direct End Office Trunks ("DEOTs ) from Verizon between the serving
Verizon End Office and the Additional Mutual POI, with all costs of the portions of
such DEaTs carrying Local Traffic and ISP-Bound Traffic to be borne by Verizon.
In the situation described in the foregoing sentence, Level 3 shall be responsible for
ordering and providing DEOTs on the Level 3 side of the Additional Mutual POI
with all costs of such DEOTs to be borne by Level 3. Level 3 shall establish any
Additional Mutual POI requested by Verizon under this Section 7.1 (c) within six (6)
months of the date of the request, unless otherwise agreed to by the Parties. Each
Additional Mutual POI requested under this Section 7.1 ( c) may be established by
Level 3 through: (i) a collocation site established by Level 3 at the requested
Verizon End Office Wire Center, (ii) a collocation site established by a third party at
the requested Verizon End Office Wire Center, or (iii) transport (and entrance
facilities where applicable) ordered and purchased by Level 3 from Verizon at the
applicable Verizon intrastate access rates and charges. Each Party shall bear its own
costs with respect to migration to Additional Mutual POls established under this
Section 7.1(c).
(d) For those Verizon End Offices that subtend a third party Tandem, Verizon may
elect to exchange traffic through the third party Tandem or may designate a point on
the Verizon network in the relevant Tandem serving area as the relevant mutual POI.
Any point elected by Verizon under this Section 7.(d) shall be the point at which
the Intercarrier Compensation Rates shall be applied. If the designated mutual POI is
not at the relevant Tandem, then Level 3 shall hand off direct non-switched trunks to
Level 3 ID Interc Amendmentdoc
the relevant terminating Verizon End Offices at the mutual POI. For avoidance of
doubt, nothing in this Section 7.(d) shall alter V erizon' s ability to require the
establishment of Additional Mutual POls under Section 7.(c) above. If Verizon
elects to exchange traffic through a third party Tandem under this Section 7.(d),
then any transiting, transport or fixed (as prorated) charges imposed by the third
party shall be paid by the Party originating the traffic exchanged through the third
party Tandem.
( e) Should Level 3 interconnect with any Telecommunications Carrier that is not a
Party to this agreement at a point that is not a mutual POI under this Attachment
Verizon may elect to deliver traffic to such point( s) for the NXXs or functionalities
served by those Points. To the extent that any such point is not located at a
Collocation site at a Verizon Tandem (or Verizon Host End Office), then Level 3
shall permit Verizon to establish physical interconnection at the point, to the extent
such physical interconnection is technically feasible.
Subject to subsections 7.4 and 7.6 below, neither Party may charge (and neither Party
shall have an obligation to pay) any recurring fees, charges or the like (including, without
limitation, any transport charges), with respect to ISP- Bound Traffic and Local Traffic that
either Party delivers at a mutual POI, other than the Intercarrier Compensation Rates; provided,
however for the avoidance of any doubt, Level 3 shall also pay Verizon, at the rates set forth
in an applicable interconnection agreement between the Parties or applicable Verizon Tarifffor
any multiplexing, cross connects or other Collocation-related services that Level 3 obtains
from Verizon.
7.3 If the traffic destined for an End Office exceeds the CCS busy hour equivalent of
two (2) DS 1 s for any three (3) months in a six (6) month period, Verizon may request Level 3
to order DEOTs to that End Office. Verizon shall be responsible for providing such DEOTs on
the Verizon side of the mutual POI, with all costs of the portions of such DEOTs carrying
Local Traffic and ISP-Bound Traffic to be borne by Verizon. Level 3 shall be responsible for
ordering and providing such DEOTs on the Level 3 side of the mutual POI, with all costs of
such DEOTs to be borne by Level 3. After initially establishing DEOTs pursuant to this
subsection, traffic routed to this End Office will be allowed to overflow to the Tandem not to
exceed the CCS busy hour equivalent of one (1) DSl. For avoidance of any doubt, neither
Party will assess recurring and/or non-recurring charges for the implementation, installation
maintenance and utilization of interconnection trunks and facilities for the portions of such
trunks carrying Local and ISP-Bound Traffic on its side of the mutual POI.
7.4 In those LA T As in which the Parties have previously established interconnection at
POls and/or are using interconnection transport and trunking architectures other than as set
forth pursuant to the terms of Section 7.1 ( a), the interconnection transport and trunking
architectures shall be governed by this Section 7.4.
Level 3 ID Interc Amendmentdoc
(b)
(c)
(d)
(a)Verizon may require Level 3 , via written notice to Level 3, to bring pre-
existing interconnection arrangements into compliance with the terms of
Section 7.1 (a) through one of the following methods:
(i) Unless otherwise agreed in writing by the Parties, Level 3 shall
implement a physical migration of the pre-existing arrangements to the terms
prescribed herein within six (6) months of the date of such notice; or
(ii) In lieu of requiring physical rearrangements of pre-existing facilities
or where the physical rearrangement has not been completed within six (6)
months following such notice, the Parties shall implement a billing
arrangement pursuant to which Level 3 shall pay Verizon for the transport
(and entrance facilities if provided by Verizon) between each Verizon
Tandem (or Additional Mutual POls at Verizon End Offices in LA T As with
less than two (2) Verizon Tandems) and the delivery to or from Level 3 at the
Level 3 switch or other location, at the applicable Verizon intrastate access
rates and charges.
With respect to subsection 7.4(a) directly above, each Party shall bear its own costs
with respect to any such migration; the Parties will coordinate any such migration
trunk group prioritization, and implementation schedule; and Verizon agrees to
develop a cutover plan and to project manage the cutovers with Level 3 participation
and agreement.
Intentionally left blank.
From and after the Effective Date, in any LATA where the Parties have not yet
established mutual POls or Additional Mutual POls as described in Section 7.1(a)
(including, without limitation, the situation presented in subsection 7.4(a) above),
Level 3 shall not bill (and Verizon not have any obligation to pay) any fees, charges
or the like (including, without limitation, any transport charges) with respect to such
arrangements, and to the extent that Level 3 utilizes transport provided by Verizon
between the Level 3 network and the current point at which the Parties interconnect
Level 3 shall purchase such transport from Verizon at V erizon' s tariffed intrastate
access rates.
The Parties recognize that embedded one-way trunks may exist for the exchange of
traffic between the Parties. To the extent either Party requires a transition of such one-way
trunks to two-way trunks, the Parties agree to negotiate an amendment to set forth the terms
and conditions for two-way trunks (if necessary), as well as to negotiate a transition plan to
migrate the embedded one-way trunks to two-way trunks provided that Verizon shall bill, and
Level 3 shall pay, the non-recurring charges for such conversions as set forth in Verizon
applicable tariffs.
Level 3 ID Interc Amendmentdoc
Level 3 may apportion spare capacity on existing access entrance facilities (and/or
transport where applicable) purchased by Level 3 between the relevant mutual POls and/or the
Level 3 switch as described in this Section 7; however, any such apportionment shall not affect
the rates or charges applied to the relevant facilities.
Level 3 ID Interc Amendmentdoc
VZ/Level3 Unitary Compensation and Interconnection Architecture
Contract Amendments
Effective 4/1/04
Unitary Compensation Rate
Applies to Local and ISP bound traffic (including VFX ISP traffic)
0005/mou April I-December 31 2004
00045/mou January I-December 31 2005
OO04/mou January 1 2006 through termination
VZ payment for' Local/ISP traffic mous capped based on volume of compensable
mOllS sent to Level 3 between July 1 2002-June 30 2003; caps are 175% in 2004
200% in 2005 225% in 2006 and subsequent years
Prerequisites to VZ payment: if there are outstanding billing disputes on the
effective date, no compensation is to be paid for ISP traffic sent to L3 and reciprocal
compensation rates apply to Local Traffic and ISP traffic from L3 to VZ; if L3 fails
to comply with mutual POI architecture and/or call record requirements, then rate
for traffic from VZ to L3 drops to zero (amendment sets dispute resolution process if
L3 disagrees)
Unitary rate does not apply to UNE P traffic
Compensation for VOIP Traffic
VOIP traffic originating and terminating on the PSTN subject to interstate access
(pursuant to FCC order released April 24 2004) subject to negotiation upon any
change in law
Parties do not agree on compensation for other VOIP traffic
Level 3 to identify and track VOIP traffic originating from or terminating to PSTN
Level 3 shall pay at least the unitary rate for VOIP traffic to VZ; VZ may bill access
Parties agree to implement FCC VOIP orders retroactively to effective date of
agreement (if FCC acts first on L3 VOIP petition, the parties will then implement
any generic FCC VOIP order prospectively from the effective date of the generic
order)
If the FCC treats VOIP as Information Service traffic or as Local Traffic
then VOIP traffic shall be subject to $.00O7/mou (ifVZ PSTN traffic to L3
VOIP is more than 10% greater than L3 VOIP to VZ PSTN traffic, then the
rate paid by VZ for traffic in excess of the 10% imbalance shall be the
unitary rate)
Call Records/Jurisdictional and Billing Indicators
Billing shall be based on call records or other information that allows the receiving
party to determine call jurisdiction in accordance with the agreement
Parties shall not remove, alter, or replace call records or insert call record
information that does not correspond to the calling party
Parties shall pass call records on each call, including VOIP traffic, to the extent
technically feasible
If calls with call record information is greater than 900/0, then calls without call
record information shall be billed according to the jurisdictional proportion of calls
passed with call record information; below 90%, those calls without call record
information shall be billed intrastate switched access
Parties may use auditable PIUIPLU report if the receiving party lacks the ability to
bill based on call records
Mutual POI Architecture
Mutual POls shall generally be established at each VZ Tandem Wire Center; these
may be implemented via collocation or L3 may purchase intrastate access-rated
transport from VZ; unitary rate (and no additional charges other than VZ charges for
collocation, muxing, and cross connects) applies for Local/ISP Traffic handed off at
the terminating mutual POI
L3 may deliver toll traffic over same trunks as Local/ISP Traffic subject to prorating
port, transport, or other applicable access charges
VZ may request that any L3 end office collocation site be established as the mutual
POI for traffic originated from or terminated to that end office
VZ may request that L3 establish DEOTs from a mutual POI to any end office if
traffic from L3 to the end office exceeds 2 DS I s for any 3 months in a 6 month
period (DEOTs from mutual POI to end office shall not be charged to L3)
In LATAs with fewer than 2 VZ tandems, VZ may request additional mutual POls
at any end office where traffic exchanged with L3 reaches 6 DSls (approximately
3M mou/month) or at any host end offices subtended by remote end offices
For VZ offices subtending a third party tandem, VZ may elect to exchange traffic
through the third party tandem, or may designate a point on the VZ network in the
relevant tandem serving area (compensation rates apply at the designated point; the
originating party pays any transiting fees charged by a third party tandem provider)
In any LA T As where the parties have previously established a different
interconnection architecture, VZ may require L3 to convert to a mutual POI
architecture (which L3 shall implement within 6 months, or VZ may bill intrastate
access transport and entrance facilities where applicable between the proposed
mutual POI and the L3 switch)
Two Way Trunking
Either party may request a transition from existing one way trunks to two way
trunks, subject to negotiation of a transition plan and to applicable VZ NRC
conversion charges