20020509Application (Part A).pdf

17933 N.W.Evergreen Pkwy
RO.Box 1100May6,2002 Beaverton,OR 97076
eanbD.c
ities Commission NEW CASE
472 W.Washington
Boise,Idaho 83720
Re:Interconnection Agreement between Verizon Northwest Inc.and DMJ
Communications,Inc.
Dear Ms.Jewell:'p)/Š
Enclosed you will find for approval,an original plus three copies of a fully executed
interconnection agreement between Verizon Northwest Inc.f/k/a GTE Northwest
Incorporated and DMJ Communications,Inc.
If you have any questions regarding this filing,please contact Renee Willer at
503/645-7909.
SincefÑ,
A lan T.Thoms
Vice President -Public Policy &External Affairs
ATT:ckw
c:LaDonna Truelock -DMJ Communications,Inc.
Missy Blankenship -Verizon
AGREEMENT
by and between
DMJ COMMUNICATIONS,INC.
and
VERIZON NORTHWEST INC.,F/K/A GTE NORTHWEST INCORPORATED
FOR THE STATE OF
IDAHO
DMJ ID Comp v2.2.doc
TABLE OF CONTENTS
AGREEMENT...................................................................................................................................1
1 .The Ag reement ............................................................................................................1
2.Term a ndTerm i n a ti on ................................................................................................1
3.Glos ary and Attachments.........................................................................................2
4 .Appi ic a bi eL aw ............................................................................................................2
5.As s i gnment ..................................................................................................................3
6.Assurance of Payment ...............................................................................................3
7.Audits ...........................................................................................................................4
8 .Author i z at ion ...............................................................................................................5
9.Billing and Payment;Disputed Amounts .................................................................5
10.Confidentiality .............................................................................................................6
11.Counterparts................................................................................................................8
12.Defa ult ..........................................................................................................................8
13.Discontinuance of Service by DMJ ...........................................................................8
1 4.DisputeResoIuti on .....................................................................................................9
1 5.ForceM a je ure ..............................................................................................................9
1 6.Foreca sts ...................................................................................................................1 0
17.Fraud ..........................................................................................................................10
1 8.GoodF a it hPerform a nce ..........................................................................................10
19.Headings ....................................................................................................................10
20.Indemnification..........................................................................................................10
2 1 .Insur a nce ...................................................................................................................1 2
22.Intellectual Property..................................................................................................13
23.Joint Work Product...................................................................................................14
24.L a wEnforcemen t......................................................................................................1 4
25.Liability.......................................................................................................................15
26.Network Management...............................................................................................16
27.Non-Exclusive Remedies .........................................................................................17
28.Noti ceofNetworkCh a nges .....................................................................................1 7
29.Notices .......................................................................................................................17
30.Orderi ng a ndM ai ntenance .......................................................................................1 8
31.PerTorm anoe Standa rds ............................................................................................1 8
32.Point of Contact for DMJ Customers......................................................................18
33.Predecessor Agreements.........................................................................................19
34.Publicity and Use of Trademarks or Service Marks ..............................................19
35.Referen ces .................................................................................................................19
36.Relationship of the Parties.......................................................................................20
37.Reserv atio nofR ig hts ...............................................................................................20
38.Subcontractors..........................................................................................................21
39.Successors and Assigns..........................................................................................21
40.Survival ......................................................................................................................21
41.Taxes ..........................................................................................................................21
42.Techno IogyUpgra des ..............................................................................................23
43.Territory......................................................................................................................23
44.Third Party Beneficiaries..........................................................................................24
45.251 and 271 Requirements.......................................................................................24
46.252(i)Obligations......................................................................................................24
47.Use of Service............................................................................................................24
48.Waiver.........................................................................................................................24
49.W a rr a nti es ..................................................................................................................2 5
50.Withdrawal of Services.............................................................................................25
SIGN ATUREP AGE .......................................................................................................................2 6
GLOSSARY....................................................................................................................................27
1.General Rule ..............................................................................................................27
ii
2.Defi n i t io ns ..................................................................................................................2 7
A DD IT IONA LSERV ICES ATTACHMENT....................................................................................40
1.Alternate Billed Ca Ils ................................................................................................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)..........................................................43
8.Operations Support Systems (OSS)Services........................................................44
9.Poles,Ducts,Conduits and Rights-of-Way............................................................50
1 0.TelephoneNumbers..................................................................................................50
11.Routing for Operator Services and Directory Assistance Traffic........................51
I NTERCO NNECT10N ATTACHMENT...........................................................................................52
1 .GeneraI .......................................................................................................................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.Other Types of Traffic...............................................................................................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.TandemTr a ns it Traff i c .............................................................................................69
13.Number Resources,Rate Center Areas and Routing Points................................70
11
14.Joint Network implementation and Grooming 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
RESA LE ATTACHMENT ...............................................................................................................78
1 .GeneraI .......................................................................................................................78
2.Use of Verizon Telecommunications Services ......................................................78
3.Availability of Verizon Telecommunications Services..........................................79
4.Respons i bi I ityforCh a rges ......................................................................................79
5.Operations Matters ...................................................................................................79
6.Rates andCh arges ....................................................................................................8 0
NETWORKELEMENTS ATTACHMENT ......................................................................................8 1
1 .Genera I .......................................................................................................................8 1
2.Verizon's Provision of Network Elements..............................................................82
3.Loop Transmission Types........................................................................................83
4.L i neSh a r ing ...............................................................................................................89
5.Line Splitting..............................................................................................................95
6.Sub-Loop....................................................................................................................96
7 .Ins i deW i re ...............................................................................................................1 00
8 .Da rkF i ber.................................................................................................................1 00
9.Network Interface Device .......................................................................................104
10.Un bundled Switching Elements ............................................................................105
11.Un bundled Interoffice Facilities.............................................................................106
12.Signaling Networks and Call-Related Databases ................................................107
13.Operations Support Systems.................................................................................108
14.Availability of Other Network Elements on an Unbundled Basis.......................108
15.Maintenance of Network Elements........................................................................110
16.Combinations ..........................................................................................................110
iv
17.Rates and Charges.................................,................................................................110
COLLOCATION ATTACHM ENT .................................................................................................111
1.Verizon's Provision of Collocation........................................................................111
2.DMJ's Provision of Collocation.............................................................................129
911 ATTACHMENT......................................................................................................................1 30
1.911/E-911 Arrangements ........................................................................................130
2.EIe ct ron ic Interf ace .................................................................................................1 30
3.91 1 Interconne ct i on ................................................................................................1 31
4.911 Facilities ............................................................................................................131
5.Local Number Portability for use with 911 ...........................................................131
6.PSAPCoord inati on .................................................................................................1 31
7.9 1 1 Compens ation ..................................................................................................1 31
8.91 1 Ru Ies andReguIa ti ons ....................................................................................1 31
PR IC ING ATTACHMENT.............................................................................................................1 33
1.Genera I .....................................................................................................................1 33
2.Verizon Telecommunications Services Provided to DMJ for Resale Pursuant to
theRes a Ie Att achment ...........................................................................................1 33
3.DMJPr i ces ...............................................................................................................1 35
4.Section 271 ..............................................................................................................135
5.ReguI atoryReviewofPr ices ..................................................................................1 35
IDAHO APPENDIX A TO THE PRICING ATTACHMENT...........................................................137
APPENDIX A TO THE COLLOCATION ATTACHMENT............................................................152
V
AGREEMENT
PREFACE
This Agreement ("Agreement")shall be deemed effective as of June 15,2002 (the "Effective
Date"),between DMJ Communications,Inc.("DMJ"),a corporation organized under the laws of
the State of Texas,with offices at 2525 N.Grandview,Suite 900,Odessa,Texas 79761 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 DMJ may be referredto 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,pursuantto Section 252 of the Act,Verizon and DMJ 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 groundsfor finding,a
conflict for the purposes of this Section 1.2.
1.3 This Agreement constitutes the entire agreement betweenthe 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 June 14,2004 (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 DMJ or Verizon may terminate this Agreement effective upon the
expiration of the Initial Term or effective upon any date after expiration of the
1
Initial Term by providing written notice of termination at least ninety (90)days in
advance of the date of termination.
2.3 If either DMJ or Verizon provides notice of termination pursuantto Section 2.2
and on or before the proposed date of termination either DMJ or Verizon has
requested negotiation of a new interconnection agreement,unless this
Agreement is cancelled or terminated earlier in accordancewith the terms hereof
(including,but not limited to,pursuant to Section 12),this Agreement shall
remain in effect until the earlier of:(a)the effective date of a new interconnection
agreement between DMJ and Verizon;or,(b)the date one (1)year after the
proposed date of termination.
2.4 If either DMJ or Verizon provides notice of termination pursuantto Section 2.2
and by 11:59 PM Eastern Time on the proposed date of termination neither DMJ
nor Verizon has requested negotiation of a new interconnectionagreement,(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 requestedthat such Services continue to be provided pursuantto an
applicable Tariff or 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 performanceby 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 unenforceableunder
Applicable Law,such invalidity or unenforceability shall not invalidate or render
2
unenforceableany other provision of this Agreement,and this Agreement shall
be construed as if it did not contain such invalid or unenforceableprovision;
provided,that if the invalid or unenforceableprovision is a material provision of
this Agreement,or the invalidity or unenforceability materiallyaffects 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 renegotiatein 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
Agreementto 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 acceptablerevisionsto
this Agreement as may be required in order to conform the Agreementto
Applicable Law.
4.7 Notwithstandinganything 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 providedto DMJ hereunder,then Verizon may discontinuethe provision of
any such Service,payment or benefit,and DMJ shall reimburseVerizon for any
payment previously made by Verizon to DMJ that was not required by Applicable
Law.Verizon will provide thirty (30)days prior written notice to DMJ of any such
discontinuance of a Service,unless a different notice period or different
conditionsare specified in this Agreement (including,but not limited to,in an
applicableTariff)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 underthis 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
ineffectiveand constitute default of this Agreement.
6.Assurance of Payment
6.1 Upon request by Verizon,DMJ shall provide to 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 DMJ (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 unableto
demonstrate that it is creditworthy,(c)fails to timely pay a bill renderedto DMJ
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 commencedagainst it)
under the U.S.Bankruptcy Code or any other law relatingto bankruptcy,
insolvency,reorganization,winding-up,composition or adjustment of debts or the
3
like,has made an assignment for the benefit of creditors or is subject to a
receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties,the assurance of payment shall,at
Verizon's option,consist of (a)a cash security deposit in U.S.dollars held by
Verizon or (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 Servicesto be
provided by Verizon to DMJ 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 depositheld 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 DMJ in respect of any amounts to be paid by DMJ
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,
DMJ shall provide a replacement or supplemental letter of credit or cash deposit
conformingto the requirements of Section 6.2.
6.8 Notwithstandinganything else set forth in this Agreement,if Verizon makes a
requestfor 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 DMJ 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 DMJ from compliance with the requirements of this
Agreement (including,but not limited to,any applicable Tariffs)as to advance
payments and payment for 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
("AuditingParty")may audit the other Party's ("Audited Party")books,records,
documents,facilities and systems for the purpose of evaluatingthe 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.
4
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.Prior to commencing the audit,the accountants
shall execute an agreement with the Audited Party in a form reasonably
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 requirethat 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,providedthat 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 representsand 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 DMJ represents and warrants that it is a corporation duly organized,validly
existing and in good standing under the laws of the State of Texas,and has full
power and authorityto execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.3 DMJ Certification.
Notwithstandingany other provision of this Agreement,Verizon shall have no
obligation to perform under this Agreement until such time as DMJ has obtained
such FCC and Commission authorization as may be required by Applicable Law
for conducting business in Idaho.DMJ shall not place any orders under this
Agreement until it has obtained such authorization.DMJ shall provide proof of
such authorizationto 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
electronicfunds 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
5
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 prospectivelywith 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
of such Party's right to subsequently dispute its obligationto 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 governmentalentity of
appropriatejurisdiction to collect amounts due,the billed Party shall not be
entitled to disputethe 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
informationthat 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 information disclosed 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 related to 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 communicatedorally or visually and declared to
the Receiving Party at the time of disclosure,and by written notice with
6
a statement of the information given to the Receiving Party within ten
(10)days after disclosure,to be "Confidential or "Proprietary".
Notwithstandingany other provision of this Agreement,a Party shall have the
right to refuse to accept receipt of informationwhich 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:
10.2.1 use the Confidential Informationreceived from the Disclosing Party only
in performanceof this Agreement;and,
10.2.2 using the same degree of care that it uses with similar confidential
informationof its own (but in no case a degree of care that is less than
commercially reasonable),hold Confidential Informationreceivedfrom
the Disclosing Party in confidence and restrict disclosure of the
Confidential Informationsolely 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 underthis 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 Informationreceived
from the Disclosing Party,including any copies made by the Receiving Party,
within thirty (30)days after a written requestby the Disclosing Party is delivered
to the Receiving Party,except for (a)Confidential Information that the Receiving
Party reasonablyrequires 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 received from a third person having no direct or indirect
obligation of confidentialityor restriction on use to the Disclosing Party
with respect to such information;
10.4.4 is independently developed by the Receiving Party;
7
10.4.5 is approved for disclosure or use by written authorizationof the
Disclosing Party (including,but not limited to,in this Agreement);or
10.4.6 is.requiredto be disclosed by the Receiving Party pursuantto Applicable
Law,provided that 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
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 confidentialityand 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 requestingany
governmental entity to whom the Confidential Informationis disclosed to treat it
as confidential and restrict its use to purposes relatedto the proceeding pending
before it.
10.6 The DisclosingParty 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 regard to
the use,or protection of the confidentiality of,CPNI provided by Applicable Law.
10.8 Each Party's obligations underthis 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 ("Defaulting Party")fails to make a payment required by this Agreement
(including,but not limited to,any payment required by Section 9.3 of undisputedamounts
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 DMJ
13.1 If DMJ proposes to discontinue.or actually discontinues,its provision of service
to all or substantially all of its Customers,whethervoluntarily,as a result of
8
bankruptcy,or for any other reason,DMJ shall send written notice of such
discontinuanceto Verizon,the Commission,and each of DMJ's Customers.
DMJ 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 commerciallyfeasible,DMJ shall
send such notice at least thirty (30)days prior to its discontinuanceof service.
13.2 Such notice must advise each DMJ Customer that unless action is taken by the
DMJ Customer to switch to a different carrier prior to DMJ's proposed
discontinuanceof service,the DMJ Customer will be without the service provided
by DMJ to the DMJ Customer.
13.3 Should a DMJ Customer subsequently becomea Verizon Customer,DMJ shall
provideVerizon with all information necessary for Verizon to establish service for
the DMJ Customer,including,but not limited to,the DMJ Customer's billed
name,listed name,service address,and billing address,and the services being
provided to the DMJ Customer.
13.4 Nothingin this Section 13 shall limit Verizon's right to cancel or terminatethis
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
nonperformanceand the name of an individualwho 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'representativesshall 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'representativesmay utilize other
alternativedispute 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
availableto 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 responsiblefor 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,civa
commotion,act of public enemies,labor unrest (including,but not limited to,
strikes,work stoppages,slowdowns,picketing or boycotts),inabilityto obtain
equipment,parts,software or repairsthereof,acts or omissions of the other
Party,and acts of God.
9
15.2 If a Force Majeure Event occurs,the non-performing Party shall give prompt
notification of its inability to perform to the other Party.Duringthe period that the
non-performing Party is unable to perform,the other Party shall also be excused
from performanceof its obligations to the extent such obligationsare reciprocal
to,or depènd upon,the performance of the non-performing Party that has been
prevented by the Force Majeure Event.The non-performingParty 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.
15.3 Notwithstandingthe 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,
DMJ shall provide to Verizon forecasts regarding the Servicesthat DMJ expects to
purchase from Verizon,including,but not limited to,forecasts regardingthe types and
volumes of Services that DMJ expects to purchase and the locations where such
Services will be purchased.
17.Fraud
DMJ assumes responsibilityfor all fraud associated with its Customers and accounts.
Verizon shall bear no responsibilityfor,and shall have no obligation to investigate or
make adjustmentsto DMJ's account in cases of,fraud by DMJ's Customers or otherthird
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 ("Indemnifying Party")shall indemnify,defend and hold harmless the
other Party ("Indemnified Party"),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,
10
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
contractor.s (excludingthe Indemnified Party)of the IndemnifyingParty 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.
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 promptlyafter becoming aware thereof (includinga
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 permitthe 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
IndemnifyingParty's choice of legal counsel.
20.2.4 If the IndemnifiedPerson fails to comply with Section 20.2.7 with respect
to a Claim,to the extent such failure shall have a material adverse
effect upon the Indemnifying Party,the IndemnifyingParty shall be
relieved of its obligationto 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 IndemnifyingParty 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
IndemnifiedPerson 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 regardto a Third Party Claim without the
prior written consent of the indemnified Party,which shall not be
unreasonablywithheld,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
11
right to refusc such settlement or judgment with respect to itself and,
at its own cost and expense,take over the defense againstthe 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.
20.2.9 The Indemnifying Party and the Indemnified Person shall offer each
other all reasonablecooperation 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
performance of 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 DMJ shall 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 insurance and/or bonds required by Applicable Law.
The insurance and/or bonds shall be obtainedfrom an insurer havingan A.M.
Best insurance rating of at least A-,financial size category VII or greater.At a
minimum and without limiting the foregoing undertaking,DMJ 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 MotorVehicle Liability Insurance covering all owned,hired
and non-ownedvehicles,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 Insurance with limits of not less than $2,000,000
per occurrence.
12
21.1.5 All risk property insurance on a full replacement cost basis for all of
DMJ's real and personal property located at any Collocation site or
otherwise located on or in any Verizon premises (whetherowned,
Jeased 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 insuranceto 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 DMJ.
21.3 DMJ shall name Verizon and Verizon's Affiliates as additional insureds on the
foregoing liability insurance.
21.4 DMJ shall,within two (2)weeks of the Effective Date hereof at the time of each
renewal of,or material change in,DMJ '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 certificatesor 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 DMJ 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 insuranceacceptable
to Verizon in accordancewith Section 21.4
21.6 If DMJ or DMJ's contractors fail to maintain insurance as required in Sections
21.1 through 21.5,above,Verizon may (but shall not be obligatedto)purchase
such insuranceand DMJ shall reimburse Verizon for the cost of the insurance.
21.7 Certificates furnished by DMJ or DMJ'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 materialchange 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 hereafterowned,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,indemnifyor 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
assertingthat the provision or use of any service,facility,arrangement,or
software by either Party under this Agreement,or the performanceof 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
misappropriationof any patent,copyright,trademark,trade secret,or any other
proprietaryor 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
PARTIES AGREE 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 PROVIDEDUNDER
THIS AGREEMENTSHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE,OR MISAPPROPRIATIONOF ANY INTELLECTUALPROPERTY
RIGHT.
22.4 DMJ agreesthat the Services provided by Verizon hereundershall be subject to
the terms,conditions and restrictions contained in any applicableagreements
(including,but not limited to software or other intellectual property license
agreements)between Verizon and Verizon's vendors.Verizon agrees to advise
DMJ,directly or through a third party,of any such terms,conditions or restrictions
that may limit any DMJ use of a Service provided by Verizon that is otherwise
permitted by this Agreement.At DMJ's written request,to the extent 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
DMJ to use the Service in the same manner as Verizon that are coextensive with
Verizon's intellectual property rights,on terms and conditions that are equal in
quality to the terms and conditions under which Verizon has obtained Verizon's
intellectual property rights.DMJ shall reimburseVerizon 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
authoritiesto 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 enforcementand/or
nationalsecurity 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 enforcementor
nationalsecurity 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 informationconcerning such lines,services,facilities
and arrangements,through operations support system interfaces.
14
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 Servicesthat are
subject to the Service Failure for the period in which such Service Failure occurs.
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
connectionwith this Agreement (including,but not limited to,in connectionwith a
Service Failureor 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 under the 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
15
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,provide that
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 Cooperation.The Parties will work cooperatively in a commercially reasonable
manner to install and maintain a reliable network.DMJ and Verizon will
exchange appropriate information (e.g.,network information,maintenance
contact numbers,escalation procedures,and information required to comply with
requirementsof law enforcement and national security agencies)to achieve this
desired reliability.In addition,the Parties will work cooperativelyin a
commercially reasonable manner to apply sound network managementprinciples
to alleviate or to preventtraffic 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 recognizesa responsibilityto
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
("InterferingParty")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 involving a 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 impairmentand the need to correct the condition within
said time period;and,
26.3.2 Upon correction of the interferenceor impairment,the Impaired Party will
promptly restore the interrupted or suspended Service.The impaired
Party shall not be obligated to provide an out-of-servicecredit
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 proceduresfor isolating and clearing the outage or trouble.
16
27.Non-Exclusive Remedies
Except as otherwise expressly provided in this Agreement,each of the remedies
provided underthis Agreement is cumulative and is in addition to any other remedies that
may be available únderthis Agreement or at law or in equity.
28.Notice of Network Changes
If a Party makes a change in the information necessaryfor 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
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 DMJ:
LaDonnaTruelock
2525 N.Grandview
Suite 900
Odessa,Texas 79761
Telephone Number:[phone]
Facsimile Number:[phone]
InternetAddress:[e-mail]
To Verizon:
Director-Contract Performance &Administration
Verizon Wholesale Markets
600 Hidden Ridge
HQEWMNOTICES
Irving,TX 75038
Telephone Number:972-718-5988
Facsimile Number:972-719-1519
internet Address:[e-mail]
17
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
DMJ shall use Verizon's electronic Operations Support System access platformsto
submit Orders and requests for maintenanceand repair of Services,and to engage in
other pre-ordering,ordering,provisioning,maintenance and repair transactions.If
Verizon has not yet deployed an electronic capabilityfor DMJ to performa pre-ordering,
ordering,provisioning,maintenance or repair,transaction offered by Verizon,DMJ shall
use such other processes as Verizon has made availablefor performing such transaction
(including,but not limited,to submission of Orders by telephonic facsimile transmission
and placingtrouble reports by voice telephone transmission).
31.Performance Standards
31.1 Verizon shall provide Services under this Agreement in accordancewith 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,AttachmentA,
"Carrier-to-Carrier PerformanceAssurance Plan,"of the MergerOrder,Verizon
shall provide performance measurement results to DMJ.
31.3 DMJ shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
32.Point of Contact for DMJ Customers
32.1 DMJ shall establish telephone numbers and mailing addresses at which DMJ
Customers may communicate with DMJ and shall advise DMJ 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 DMJ customer,including,but not
18
limited to,a DMJ Customer request for repair or maintenanceof a Verizon
Serviceprovided to DMJ.
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 betweenthe Parties for
the State of Idaho pursuantto Section 252 of the Act and in effect
immediately prior to the Effective Date is herebyterminated;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 Idahopursuant to Section 252 of the Act and in effect
immediately prior to the EffectiveDate,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 between the Parties
pursuant to Section 252 of the Act was subject to a contractual commitmentthat
it would be purchased for a period of longerthan 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 inconsistentwith this
Agreement,such commitment shall remain in effect and the Service will be
purchasedunder this Agreement;provided,that if this Agreement would
materiallyalter 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 chargethat
would otherwise have applied.However,if the commitment was 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 purchasethe
Service only until the time that the commitmentwas cancelled.
34.Publicity and Use of Trademarks or Service Marks
34.1 A Party,its Affiliates,and their respectivecontractors and Agents,shall not use
the other Party's trademarks,service marks,logos or other proprietarytrade
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 affiliationwith or sponsorship or
endorsementof 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
19
35.1 All references to Sections,Appendices and Exhibits shall be deemed to be
referencesto 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 supplementedfrom
time to time (and,in the case of a Tariff or provision of Applicable Law,to any
successor Tariff or provision).
36.Relationshipof 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
relationshipbetween 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,distributorshipor 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 havethe 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.
36.4 Each Party shall have sole authority and responsibility to 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 conjunctionwith its
employees,Agents and contractors,and for withholding and remitting to the
applicabletaxing 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 regulatoryor contractual,or
to assume any responsibilityfor the managementof the other Party's business.
36.6 The relationshipof the Parties under this Agreement is a non-exclusive
relationship.
37.Reservation of Rights
37.1 Notwithstanding anything 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 Agreementand any provision
of this Agreement;(c)to seek changes in this Agreement (including,but not
limited to,changes in rates,charges and the Servicesthat 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
20
of applicablejurisdiction.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
applicablejurisdiction,or industry fora.The provisions of this Section shall
survive the expiration,cancellation or termination of this Agreement.
37.2 DMJ acknowledges DMJ has been advised by Verizon that it is Verizon's position
that:
37.2.1 This Agreement contains certain provisions which are intendedto 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 permittedassigns.
40.Survival
The rights,liabilities and obligations of a Party for acts or omissions occurring prior to 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
provisionof 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 survivethe expiration,cancellation or termination of this Agreement.
41.Taxes
41.1 In General.With respect to any purchase hereunder of 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,
21
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 PurchasingParty
(a)shall provide the 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 requiredto 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 Liability for UncollectedTax,Interest and Penalty.If the Providing Party has not
received an exemption certificatefrom the Purchasing Party and the Providing
Party fails 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 PurchasingParty fails to
remit such Tax to the Providing Party as required by Section 41.1,then,as
betweenthe 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 becausethe Purchasing Party has provided such
Providing Party with an exemption certificatethat is later found to be inadequate
by a taxing authority,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 penaltyassessed with respect to such
uncollectedTax 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 Subscribersas required by Section 41.3,
then,as between the Providing Party and the Purchasing Party,the Purchasing
Party shall remain liable for such uncollectedTax and any interest assessed
thereon,as well as any penalty assessed with respect to such uncollected Tax by
the applicable taxing authority.With respect to any Tax that the Purchasing
Party has agreed to pay,or is required to 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 applicabletaxing authority to recover the Tax
from the Providing Party 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.
22
41.5 Tax exemptionsand Exemption Certificates.If Applicable Law clearly exempts a
purchasehereunderfrom a Tax,and if such Applicable Law also providesan
exemptionprocedure,such as an exemption-certificate requirement,then,if the
PurchasingParty complies with such procedure,the Providing Party shall not
collect subh Tax during the effective period of such exemption.Such exemption
shall be effective upon receipt of the exemption certificate or affidavit in
accordancewith the terms set forth in Section 41.6.If Applicable Law clearly
exempts a purchase hereunderfrom 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 indemnificationagreement,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-certificatesor other communications required or
permittedto 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
To DMJ:
Wallace Gayle
2525 N.Grandview
Suite 900
Odessa,Texas 79761
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.TechnologyUpgrades
Notwithstandingany other provision of this Agreement,Verizon shall havethe right to
deploy,upgrade,migrate and maintain its network at its discretion.The Parties
acknowledgethat Verizon,at its election,may deploy fiber throughout its network and
that such fiber deployment may inhibit or facilitate DMJ's ability to provide service using
certain technologies.Nothing in this Agreement shall limit Verizon's ability to modify its
network through the incorporationof new equipment or software or otherwise.DMJ shall
be solely responsiblefor the cost and activities associated with accommodatingsuch
changes in its own network.
43.Territory
23
43.1 This Agreement applies to tha territory in which Verizon operatesas an
Incumbent Local Exchange can ler in the State of Idaho.
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 DMJ with at least 90 calendar days prior
written notice of such termination,which shall be effective upon the date
specified in the notice.Verizon shall be obligated to provide Services underthis
Agreement only within this territory.
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 otherthird 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 understandand 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
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 DMJ of any rights it may have under Section
252(i)or the Merger Order MFN Provisions results in the rearrangementof
Services by Verizon,DMJ 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 underthis
Agreement.
48.Waiver
24
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
performance of any of the provisions of this Agreement,or to exercise any option which is
providedunder this Agreement,shall in no way be construed to be a waiver of such
provisions,rights,remedies or options.
49.Warranties
EXCEPTAS EXPRESSLYSTATED 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 DISCLAIMANY OTHER WARRANTIES,INCLUDINGBUT NOT LIMITEDTO,
WARRANTIES OF MERCHANTABILITY,WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT,AND
WARRANTIESARISING BY TRADE CUSTOM,TRADE USAGE,COURSE OF
DEALINGOR PERFORMANCE,OR OTHERWISE.
50.Withdrawal of Services
50.1 Notwithstandinganything 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
DMJ.
50.2 Notwithstandinganything contained in this Agreement,except as otherwise
required by Applicable Law,Verizon may with thirty (30)days prior written notice
to DMJ terminate any provision of this Agreement that provides for the payment
by Verizon to DMJ of compensation related to traffic,including,but not limited to,
ReciprocalCompensation and other types of compensationfor termination of
traffic delivered by Verizon to DMJ.Following such termination,except as
otherwise agreed in writing by the Parties,Verizon shall be obligated to provide
compensationto DMJ related to traffic only to the extent required by Applicable
Law.If Verizon exercises its right of termination under this Section,the Parties
shall negotiatein good faith appropriate substitute provisionsfor 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
compensationto DMJ related to traffic only to the extent required by Applicable
Law.If within thirty (30)days after Verizon's notice of terminationthe Parties are
unable to agree in writing upon mutually acceptable substitute provisionsfor
compensationrelatedto traffic,either Party may submit their disagreement to
dispute resolution in accordance with Section 14 of this Agreement.
25
SIGNATURE PAGE
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
Printed:LaDonna Truelock Printed:Steven J.Pitterie
Title:Director LEC Relations Title:Director-Negotiations
NetworkServices
26
GLOSSARY
1.General Rule ·
1.1 The provisionsof 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 have the 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 includethe 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 interchangeablythroughoutthe Principal
Document and the use of either indicates a mandatory requirement.The use of
one or the other shall not confer a different degree of right or obligation for either
Party.
2.Definitions
2.1 Lt.
The CommunicationsAct of 1934 (47 U.S.C.§151 et seq.),as from time to time
amended (including,but not limited to,by the Telecommunications Act 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 Aqent.
An agent or servant.
2.5 Aqreement.
27
This Agreement,as defined in Section 1 of the GeneralTerms and Conditions.
2.6 Ancillary 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 (IntraLATA call 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 numbertransmitted through the
network identifying the billing number of the calling party.
2.8 Applicable Law.
All effective laws,government regulations and government orders,applicable to
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 prescribesthe
terms and conditions relating to a Party's request that the other Party provide a
UNE that it is not otherwise required to 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 (Common Channel Siqnalinq).
A method of transmitting call set-up and network control data over a digital
signaling network separate from the public switched telephone network facilities
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
28
trunks for the purpose of originating/terminatingcalls 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.
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
ExchangeCarrier in the territory in which Verizon operates as an ILEC in the
State of Idaho.DMJ is or shortly will become a CLEC.
2.19 CLLI Codes.
Common Language Location Identifier Codes.
2.20 CMDS (Centralized Messaqe DistributionSystem).
The billing record and clearing house transport system that LECs use to
exchangeout 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 identifies the 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 betweenthe 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.
29
A third party residence or business end-user subscriber to Telephone Exchange
Services provided by either of the Parties.
2.26 Diqital Signal Level.
One of several transmission rates in the time-division multiplex hierarchy.
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 Message Interface).
Standard used for the interexchange of telecommunications message 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 layoutthat 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 have the meaning set forth in the Act.
2.34 Extended Local Calling Scope Arrangement.
An arrangement that provides a Customer a local calling scope (ExtendedArea
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 ArrangementTraffic"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 J¯CO.
The Federal Communications Commission.
30
2.36 FCC Internet Order.
Order on Remand and Reportand Order,In the Matter of Implementation of the
Local Competition Provisions in the TelecommunicationsAct of 1996,Intercarrier
Compensationfor ISP Bound Traffic,FCC 01-131,CC Docket Nos.96-98 and
99-68,(adoptedApril 18,2001).
2.37 FCC Requiations.
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 (380).
2.39 IDLC (Inteqrated Diqital Loop Carrier).
A subscriber Loop carrier system that integrates within the switch at a DS1 level,
which is twenty-four (24)Loop transmission paths combined into a 1.544 Mbps
digital signal.
2.40 ILEC (Incumbent Local Exchange Carrier).
Shall havethe meaning stated in the Act.
2.41 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.
2.42 InternetTraffic.
Any traffic that is transmitted to or returned from the Internetat any pointduring
the duration of the transmission.
2.43 InterLATAService.
Shall havethe meaning set forth in the Act.
2.44 IntraLATA.
Telecommunicationsthat originate and terminate within the same LATA.
2.45 IP (InterconnectionPoint).
For ReciprocalCompensationTraffic,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.
2.46 ISDN (InteqratedServices Diqital Network).
31
A switched network service providing end-to-enddigital connectivity for the
simultaneous transmission of voice and data.Basic Rate Interface-ISDN (BRI-
ISDN)providesfor digital transmission of two (2)64 kbps bearer channels and
one (1)16 kbps data and signaling channel (2B+D).Primary Rate Interface-
ISDN (PRI-ISDN)provides for digital transmission of twenty-three (23)64 kbps
bearer channels and one (1)64 kbps data and signaling channel (23B+D).
2.47 IXC (InterexchangeCarrier).
A Telecommunications Carrier that provides,directly or indirectly,InterLATAor
IntraLATATelephone Toll Services.
2.48 LATA (Local Access and Transport Area).
Shall have the meaning set forth in the Act.
2.49 LEC (Local ExchanqeCarrier).
Shall have the meaning set forth in the Act.
2.50 LERG (Local Exchanqe Routinq Guide).
A Telcordia Technologies reference containing NPA/NXX routing and homing
information.
2.51 LlDB (Line Information Data Base).
Line Informationdatabases which provide,among other things,calling card
validation functionalityfor telephone line number cards issued by Verizon and
other entities and validation data for collect and third number-billed calls(e.g.,
data for billed number screening).
2.52 Line Side.
An End Office Switch connection that provides transmission,switching and
optional features suitable for Customer connection to the public switched
network,including loop start supervision,ground start supervision and signaling
for BRI-ISDNservice.
2.53 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.
2.54 LSR (Local Service Request).
An industry standardform,which contains data elements and usage rules,used
by the Parties to establish,add,change or disconnect resold
Telecommunications Services and Network Elements.
2.55 MDF (Main Distribution Frame).
32
The primary point at which outside plant facilities terminate within a Wire Center,
for interconnectionto other Telecommunications facilities within the Wire Center.
The distributionframe used to interconnectcable pairs and line trunk equipment
terminating on a switching system.
2.56 Measured Internet Traffic.
Dial-up,switched InternetTraffic originated by a Customer of one Party on that
Party's networkat 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 purposesof this definition,a
Verizon local calling area includes a Verizon non-optional Extended Local Calling
Scope Arrangement,but does not includea 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
InternetTraffic.
2.57 MECAB (Multiple Exchanqe 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 Report SR-
BDS-000983,contains the recommended guidelines for the billing of an
ExchangeAccess Service provided by two or more LECs,or by one LEC in two
or more states,within a single LATA.
2.58 MECOD (Multiple Exchange Carriers Orderinq and Desiqn Guidelinesfor Access
Services -IndustrySupport 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 Servicethat is
to be provided by two or more LECs.
2.59 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 InternationalSection 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 modified from time to
time.
2.60 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.
33
2.61 Network Element.
Shall havethe meaning stated in the Act.
2.62 NID (Network InterfaceDevice).
The Verizon provided interface terminatingVerizon's Telecommunications
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.
2.63 NPA (Numberinq Plan Area).
Also sometimes referredto as an area code,is the first three-digit indicator of
each 10-digittelephone numberwithin 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 provided within that
geographic area.A Non-Geographic NPA,also known as a "Service Access
Code"or "SAC Code"is typically associatedwith a specialized
TelecommunicationsService that may be provided across multiple geographic
NPA areas.500,700,800,888 and 900 are examples of Non-Geographic
NPAs.
2.64 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).
2.65 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).
2.66 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.
2.67 B.
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.
2.68 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
34
2.69 Providinq Party.
A Party offering or providing a Service to the other Party under this Agreement.
2.70 PurchasinqParty.
A Party requesting or receiving a Service from the other Party under this
Agreement.
2.71 Rate CenterArea.
The geographic area 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
provide Telephone Exchange Services bearing the particular NPA-NXX
designation associated with the specific Rate Center Area.
2.72 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."
2.73 Rate Demarcation Point.
The physical point in a Verizon provided network facility at which Verizon's
responsibilityfor maintaining that network facility ends and the Customer's
responsibilityfor 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.
2.74 ReciprocalCompensation.
The arrangement for 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).
2.75 ReciprocalCompensationTraffic.
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 Telecommunicationstraffic that is interstate or intrastate
Exchange Access,InformationAccess,or exchange services for Exchange
Access or information Access.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 no_t include:(1)any Internet Traffic;(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)
35
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 ServicesAttachment).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.
2.76 Retail Prices.
The prices at which a Service is provided by Verizon at retail to subscribers who
are not Telecommunications Carriers.
2.77 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-NXX need 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 correspondingto each unique and separate Rate Center
Area.
2.78 Service.
Any Interconnectionarrangement,Network Element,Telecommunications
Service,Collocation arrangement,or other service,facility or arrangement,
offered by a Party under this Agreement.
2.79 SS7 (SignalinqSystem 7).
The common channel out-of-band signaling protocol developed by the
Consultative Committee for InternationalTelephone and Telegraph (CCITT)and
the American National Standards Institute (ANSI).Verizon and DMJ currently
utilize this out-of-band signaling protocol.
2.80 Subsidiary.
A corporation or other person that is controlled by a Party.
2.81 Switched Access Detail Usage Data.
A category 1101XXrecord as defined in the EMI Telcordia Practice BR-010-200-
010.
2.82 Switched Access Summary Usaqe Data.
A category 1150XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.83 Switched Exchanqe Access Service.
The offering of transmission and switching services for the purpose of the
origination or termination of Toll Traffic.Switched Exchange Access Services
36
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.
2.84 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.
2.85 Tariff.
2.85.1 Any applicable Federal or state tariff of a Party,as amendedfrom time-
to-time;or
2.85.2 Any standard agreement or other document,as amendedfrom 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 pursuantto Section 252(f)of the Act.
2.86 Telcordia Technoloqies.
Telcordia Technologies,Inc.,formerly known as Bell Communications Research,
Inc.(Bellcore).
2.87 Telecommunications Carrier.
Shall have the meaning set forth in the Act.
2.88 Telecommunications Services.
Shall have the meaning set forth in the Act.
2.89 Telephone Exchanqe Service.
Shall have the meaning set forth in the Act.
2.90 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 person who is not a
Party,or (c)a fine or penalty imposed by a person who is not a Party.
2.91 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 "IntraLATAToll Traffic"or "InterLATAToll
Traffic",depending on whether the originating and terminating points are within
the same LATA.
37
2.92 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 containingsuch substance.
"Environmental Laws"means the Comprehensive EnvironmentalResponse,
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 Conservationand RecoveryAct,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
resources.
2.93 Traffic Factor 1.
For traffic exchanged via interconnection Trunks,a percentage calculated by
dividing the number of minutes of interstate traffic (excludingMeasured Internet
Traffic)by the total number of minutes of interstate and intrastatetraffic.
([Interstate Traffic Total Minutes of Use {excluding Measured InternetTraffic
Total Minutes of Use}÷{lnterstate Traffic Total Minutes of Use +IntrastateTraffic
Total Minutes of Use}]x 100).Until the form of a Party's bills is updatedto use
the term "Traffic Factor 1,"the term "Traffic Factor 1"may be referredto on the
Party's bills and in billing related communicationsas "Percent Interstate Usage"
or "PlU."
2.94 Traffic Factor 2.
For traffic exchange via InterconnectionTrunks,a percentagecalculated by
dividing the combined total number of minutes of ReciprocalCompensation
Traffic and Measured InternetTraffic 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 updatedto use the term "Traffic Factor 2,"
the term "Traffic Factor 2"may be referred to on the Party's bills and in billing
related communications as "Percent Local Usage"or "PLU."
2.95 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
signalingfeatures appropriate for the connectionof switching entities and cannot
be used for the direct connection of ordinarytelephone station sets.
2.96 UDLC (Universal Diqital Loop Carrier).
UDLC arrangements consist of a Central Office Terminal and a RemoteTerminal
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 integrated such as non-switchedservices
and UNE Loops.
38
2.97 V and H Coordinates Method.
A method of computing airline miles betweentwo points by utilizing an
established formula that is based on the vertical and horizontal coordinates of the
two points.
2.98 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.
2.99 Wire Center.
A building or portionthereof which serves as the premises for one or more
Central Office Switches and relatedfacilities.
39
ADDITIONAL SERVICES ATTACHMENT
1.Alternate Billed Calls
1.1 The Parties will engagein settlements of intraLATAintrastate alternate-billed calls
(e.g,collect,calling card,and third-partybilled calls)originated or authorized by
their respectiveCustomers in accordancewith an arrangementmutually agreed to
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 necessaryto allow the 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 requestthat the other Party provide the requesting Party with
nondiscriminatory access to the other Party's directory assistance services (DA),
IntraLATA operator 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 DMJ 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 providedirectory services to DMJ.
Such services will be provided in accordance with the terms set forth herein.
4.1 Listinq Information.
As used herein,"Listing Information"means a DMJ 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 information Verizon deems necessaryfor the
publicationand delivery of directories.
4.2 Listinq Information Supply.
DMJ 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 Informationand the
service address for each DMJ Customer whose service address location falls
within the geographic area covered by the relevantVerizon directory.DMJ shall
also provide to Verizon on a daily basis,(a)information showing DMJ Customers
who have disconnected or terminated their service with DMJ;and (b)delivery
informationfor each non-listed or non-published DMJ Customer to enable
Verizon to perform its directory distribution responsibilities.Verizon shall
promptly provideto DMJ,(normally within forty-eight (48)hours of receipt by
Verizon,excluding non-Business Days),a query on any listing that is not
acceptable.
40
4.3 Listinq Inclusion and Distribution.
Verizon shall include each DMJ Customer's Primary Listing in the appropriate
alphabeticaldirectory and,for business Customers,in the appropriateclassified
(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 directoriesto such DMJ 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 DMJ's Customers shall be interfiled with listings of Verizon's
Customers and the Customers of other LECs included in the Verizon directories.
DMJ shall pay Verizon's tariffed charges for additional and foreign alphabetical
listings and other alphabetical services (e.g.caption arrangements)for DMJ's
Customers.
4.4 Verizon Information.
Upon request by DMJ,Verizon shall make available to DMJ the following
informationto the extent that Verizon provides such informationto 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 DMJ,upon written request,a copy of Verizon's
alphabetical listings standards and specifications manual.
4.5 Confidentiality of Listing Information.
Verizon shall accord DMJ Listing Information the same level of confidentialitythat
Verizon accords its own listing information,and shall use such Listing Information
solely for the purpose of providing directory-related services;provided,however,
that should Verizon elect to do so,it may use or license DMJ Listing Information
for directory publishing,direct marketing,or any other purposefor which Verizon
uses or licenses its own listing information,so long as DMJ Customersare not
separately identifiedas such;and provided further that DMJ may identifythose of
its Customers who request that their names not be sold for direct marketing
purposes,and Verizon shall honor such requeststo the same extent it does so
for its own Customers.Verizon shall not be obligated to compensate DMJ for
Verizon's use or licensing of DMJ Listing Information.
4.6 Accuracy.
Both Parties shall use commercially reasonableefforts to ensure the accurate
publication of DMJ Customer listings.At DMJ's request,Verizon shall provide
DMJ with a report of all DMJ Customer listings normally no more than ninety (90)
days and no less than thirty (30)days priorto the service order close date for the
applicable directory.Verizon shall process any corrections made by DMJ with
respectto its listings,provided such corrections are received prior to the close
date of the particular directory.
4.7 Indemnification.
DMJ shall adhere to all practices,standards,and ethical requirements
established by Verizon with regard to listings.By providingVerizon with Listing
Information,DMJ warrants to Verizon that DMJ has the right to provide such
Listing Information to Verizon on behalf of its Customers.DMJ shall make
commercially reasonable efforts to ensure that any business or person to be
41
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.DMJ agrees to release,defend,hold
harmlessand 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 publication or
dissemination of the Listing Information as provided by DMJ hereunder.
4.8 Liability.
Verizon's liability to DMJ 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 DMJ for
such listing or the amount by which Verizon would be liable to its own customer
for such error or omission.DMJ agrees to take all reasonablesteps,including,
but not limited to,entering into appropriate contractual provisions with its
Customers,to ensure that its and Verizon's liability to DMJ'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 betweenVerizon and its own Customers.
4.9 Service Information Pages.
Verizon shall include all DMJ NXX codes associated with the geographicareas 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.DMJ's NXX codes shall appear in such lists in the
same manner as Verizon's NXX information.In addition,when DMJ is
authorized to,and is offering,local service to Customers located within the
geographic area covered by a specific directory,at DMJ's request,Verizon shall
include,at no charge,in the "Customer Guide"or comparable section of the
applicable alphabetical directories,DMJ's critical contact informationfor DMJ's
installation,repair and Customer service,as provided by DMJ.Such critical
contact information shall appear alphabetically by local exchange carrier and in
accordancewith Verizon's generally applicable policies.DMJ shall be
responsible for providing the 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.
DMJ acknowledges that if DMJ desires directory services in additionto those
described herein,such additional services must be obtained under separate
agreementwith Verizon's directory publishingcompany.
5.Voice InformationService Traffic
5.1 For purposes of this Section 5,(a)Voice Information Service means a service
that provides [i]recorded voice announcementinformation 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.
Voice Information Service Traffic also does not include 555 traffic or similar traffic
42
with AIN service interfaces,which traffic shall be subject to separate
arrangements betweenthe Parties.Voice Information Service Traffic is not
subject to ReciprocalCompensation charges under Section 7 the Interconnection
Attachment.
5.2 If a DMJ Customer is served by resold Verizon dial tone line Telecommunications
Service or a Verizon Local Switching UNE,to the extent reasonably feasible,
Verizon will route Voice InformationService Traffic originatingfrom such Service
or UNE to the appropriate Voice Information Service connectedto Verizon's
network unless a feature blocking such Voice Information Service Traffic has
been installed.For such Voice Information Service Traffic,DMJ shall pay to
Verizon without discount any Voice Information Service provider charges billed
by Verizon to DMJ.DMJ shall pay Verizon such charges in full regardlessof
whether or not DMJ collects such charges from its own Customer.
5.3 DMJ shall have the option to route Voice Information Service Traffic that
originateson its own network to the appropriate Voice Information Service
connected to Verizon's network.In the event DMJ exercises such option,DMJ
will establish,at its own expense,a dedicated trunk group to the Verizon Voice
InformationService serving switch.This trunk group will be utilized to allow DMJ
to route Voice Information Service Traffic originated on its network to Verizon.
For such Voice InformationService Traffic,unless DMJ has entered into a written
agreement with Verizon under which DMJ will collect from DMJ's Customer and
remit to Verizon the Voice Information Service provider's charges,DMJ shall pay
to Verizon without discount any Voice Information Service provider charges billed
by Verizonto DMJ.DMJ shall pay Verizon such charges in full regardless of
whether or not DMJ collects such charges from its own Customer.
6.Intercept and Referral Announcements
6.1 When a Customer changes its service provider from Verizonto DMJ,or from
DMJ to 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 ReferralAnnouncement be provided.
6.2 ReferralAnnouncements 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 changesits telephone number,and,in the case of residential
Customers,not less than thirty (30)days after the date the Customer changes its
telephone number;providedthat if a longer time 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 ¡f 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;providedthat the Party formerly providing service may bill the
Customer its standard Tariff charge,if any,for the referral announcement.
7.Originating Line Number Screening (OLNS)
43
Upon DMJ's request,Verizon will update its database used to provide originating line
number screening (the database of information which indicates to an operator the
acceptable billing methods for calls originatingfrom 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 DMJ Usage Informationto DMJ
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 DMJ.
8.1.4 Verizon OSS Information:Any information accessed by,or disclosed or
provided to,DMJ 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 DMJ
Customer accessed by,or disclosed or provided to,DMJ through or as
a part of Verizon OSS Services;and,(b)any DMJ Usage Information
(as defined in Section 8.1.6 below)accessed by,or disclosed or
provided to,DMJ.
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 includeany Exchange Access
service (as defined in Section 3(16)of the Act,47 U.S.C.§153(16))
provided by Verizon.
8.1.6 DMJ Usaqe Information:For a Verizon Retail Telecommunications
Service purchased by DMJ pursuant to the Resale Attachment,the
usage informationthat Verizon would record if Verizon was furnishing
such Verizon Retail Telecommunications Service to a Verizon end-
user retail Customer.For a Verizon Local Switching Network Element
purchased by DMJ 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.
8.2 Verizon OSS Services.
44
8.2.1 Upon request by DMJ,Verizon shall provide to DMJ Verizon OSS
Services.Such Verizon OSS Services will be provided in accordance
with,but only to the extent required by,Applicable Law.
8.2.2 Subject to 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 DMJ.
8.2.3 To the extent required by Applicable Law,in providingVerizon OSS
Services to DMJ,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 Guidelines will be set
out on a Verizon website.
8.3 DMJ Usage Information.
8.3.1 Upon request by DMJ,Verizon shall provide to DMJ DMJ Usage
Information.Such DMJ Usage Information will be provided in
accordance with,but only to the extent required by,Applicable Law.
8.3.2 DMJ Usage Information will be available to DMJ through 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 DMJ Usage Information will be provided in an Alliance for
Telecommunications IndustrySolutions EMI format.
8.3.4 Daily Usage File Data Tapes provided pursuantto 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,
DMJ Usage Information will be providedto DMJ 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 DMJ only to the
extent necessary for DMJ's access to and use of Verizon OSS
Services pursuantto this Agreement.
8.4.2 Verizon OSS Facilities may be accessed and used by DMJ only to
provide Telecommunications Services to DMJ Customers.
45
8.4.3 DMJ shall restrict access to and use of Verizon OSS Facilities to DMJ.
This Section 8 does not grant to DMJ any right or license to grant
sublicenses to other persons,or permissionto other persons (except
.DMJ's employees,agents and contractors,in accordancewith Section
8.4.7 below),to access or use Verizon OSS Facilities.
8.4.4 DMJ 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 DMJ's use under this Section 8.
8.4.5 DMJ 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 procedures with 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
DMJ only in connection with DMJ's use of Verizon OSS Facilities
permitted by this Section 8;(c)shall be treated by DMJ as Confidential
Informationof Verizon pursuant to Section 10 of the General Terms
and Conditions;and,(d)shall be destroyed or returned by DMJ to
Verizon upon the earlier of request by Verizon or the expiration or
termination of this Agreement.
8.4.7 DMJ's employees,agents and contractors may access and use Verizon
OSS Facilities only to the extent necessaryfor DMJ's access to and
use of the Verizon OSS Facilities permitted by this Agreement.Any
access to or use of Verizon OSS Facilities by DMJ'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 DMJ a 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,DMJ 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)DMJ Usage
information,(b)CPNI of DMJ,and (c)CPNI of a Verizon
Customer or a DMJ Customer,to the extent the Customer
has authorized DMJ to use the CPNI.
8.5.2.2 Verizon OSS Information may be accessed and used by
DMJ only to provide Telecommunications Services to DMJ
Customers.
46
8.5.2.3 DMJ 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 pursuantto Section 10 of the GeneralTerms and
Conditions.
8.5.2.4 Except as expressly stated in this Section 8,this Agreement
does not grant to DMJ any right or license to grant
sublicenses to other persons,or permission to other
persons (except DMJ'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 DMJ's employees,agents and contractors may access,use
and disclose Verizon OSS Information only to the extent
necessaryfor DMJ'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 DMJ'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 DMJ's license to use Verizon OSS Information shall expire
upon the earliest of:(a)the time when the Verizon OSS
Informationis no longer needed by DMJ to provide
TelecommunicationsServicesto DMJ 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 Informationreceived by DMJ shall be
destroyed or returned by DMJ 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),DMJ's
access to Verizon OSS Informationthrough 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
DMJ to ascertain whether DMJ is complying with the
requirements of Applicable Law and this Agreement with
regard to DMJ '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 DMJ 's
access to and use of Verizon OSS Informationwhich is
made available by Verizon to DMJ pursuantto this
Agreement.to ascertain whether DMJ is complyingwith the
47
requirements of Applicable Law and this Agreement,with
regard to DMJ '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 DMJ 's access to and use of Verizon
OSS Information which is made available by Verizon to
DMJ through Verizon OSS Facilities.
8.5.4.3 information obtained by Verizon pursuantto this Section
8.5.4 shall be treated by Verizon as Confidential Information
of DMJ pursuant to Section 10 of the General Terms and
Conditions;providedthat,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 DMJ acknowledgesthat 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 changefrom time
to time.
8.6 Liabilities and Remedies.
8.6.1 Any breach by DMJ,or DMJ'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 DMJ or an employee,agent
or contractor of DMJ at any time breaóhesa provisionof Sections 8.4
or 8.5 above and such breach continues for 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 DMJ,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 DMJ agrees that Verizon would be irreparably injured by a breach of
Sections 8.4 or 8.5 above by DMJ or the employees,agents or
contractors of DMJ,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 remediesfor any such breach,but shall be in addition to any
other remedies available under this Agreement or at law or in equity.
8.7 Relation to Applicable Law.
The provisions of 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 intendedto constitute a
waiver by Verizon of any right with regardto protection of the confidentiality of
the information of Verizon or Verizon Customers provided by Applicable Law.
8.8 Cooperation.
48
DMJ,at DMJ's expense,shall reasonablycooperate 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,DMJ 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 DMJ anticipates submitting in each week of the next
Calendar Quarter.
8.8.2 DMJ 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 DMJ shall 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 Relatedto DMJ Customers.
8.9.1 Verizon shall have the right to access,use and disclose information
related to DMJ Customersthat 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 DMJ Customer in
the manner required by Applicable Law.
8.9.2 Upon request by Verizon,DMJ shall negotiate in good faith and enter
into a contract with Verizon,pursuantto which Verizon may obtain
access to DMJ's operations support systems (including,systems for
pre-ordering,ordering,provisioning,maintenanceand repair,and
billing)and information contained in such systems,to permitVerizon to
obtain information related to DMJ Customers (as authorized by the
applicable DMJ Customer),to permit Customersto 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 comparable to an
activity to be performedthrough a Verizon OSS Service and which
Verizon offers to provide to DMJ prior to,or in lieu of,Verizon's
provision of the Verizon OSS Service to DMJ.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 DMJ.
49
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.
8.10.4 The provisions of Sections 8.4 through 8.8 above shall also apply to
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
Informationshall be deemed to include information made availableto
DMJ through 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 DMJ non-discriminatoryaccess 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,pursuantto
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 agreement to be
negotiated by the Parties.
9.2 DMJ shall afford Verizon non-discriminatoryaccess to poles,ducts,conduits and
rights-of-way owned or controlled by DMJ.Such access shall be provided
pursuant to DMJ's applicable Tariffs,or,in the absence of an applicable DMJ
Tariff,DMJ's generally offered form of license agreement,or,in the absence of
such a Tariff and license agreement,a mutuallyacceptable agreement to be
negotiated by the Parties.The terms,conditions and prices offered to Verizon by
DMJ for such access shall be no less favorable than the terms,conditions and
prices offered to DMJ 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 connection with DMJ Customers served by
Telecommunications Services provided by Verizon to DMJ for resale or a Local
Switching Network Element provided by Verizon to DMJ.
10.2 DMJ'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 amended from time-to-time.
10.3 Subject to Sections 10.2 and 10.4,if a Customer of either Verizon or DMJ 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 (includinga change from Verizon to DMJ,
from DMJ to Verizon,or from DMJ to a LEC other than Verizon),after such
change,the Customer may continue to use with such VTS or VLSNE the
50
telephone numbers that were assigned to the VTS or VLSNE for the use of such
Customer by Verizon immediately prior to the change.
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
numbersis not technically feasible;or,(c)in the case of Telecommunications
Service provided by Verizon to DMJ for resale,the type or class of service
subscribedto by the Customer changes.
10.5 If service on a VTS or VLSNE provided by Verizon to DMJ under this Agreement
is terminated and the telephone numbers associated with such VTS or VLSNE
have not been ported to a DMJ 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,
DMJ,or Telecommunications Carriers other than Verizon and DMJ.
10.6 DMJ 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 TelecommunicationsService dial tone line purchased by DMJ for resale
pursuantto the Resale Attachment,upon request by DMJ,Verizon will establish an
arrangement that will permit DMJ to route the DMJ Customer's calls for operator and
directory assistance services to a provider of operator and directory assistance services
selected by DMJ.Verizon will provide this routing arrangement in accordance with,but
only to the extent required by,Applicable Law.Verizon will providethis routing
arrangement pursuantto an appropriatewritten request submitted by DMJ and a mutually
agreed-upon schedule.This routing arrangement will be implementedat DMJ's expense,
with charges determined on an individual case basis.In addition to chargesfor initially
establishingthe routing arrangement,DMJ will be responsiblefor ongoing monthly and/or
usage charges for the routing arrangement.DMJ shall arrange,at its own expense,the
trunking and other facilities required to transport traffic to DMJ's selected provider of
operator and directory assistance services.
51
INTERCONNECTIONATYACHU.ENT
1.General
Each Party ("ProvidingParty")shall provideto 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 Exchange Access.
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")
ReciprocalCompensation Traffic and Measured Internet Traffic that
the Originating Party wishes to deliver to the Receiving Party.
2.1.3 DMJ may use any of the following methodsfor interconnectionwith
Verizon:
2.1.3.1 a Collocation arrangement DMJ has established at the
Verizon-lP pursuantto 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 DMJ to interconnect with Verizon;and/or
2.1.3.3 an Entrance Facility and transport obtainedfrom Verizon
(and any necessary multiplexing)pursuantto the applicable
Verizon access Tariff,from the DMJ networkto the Verizon-
IP.
2.1.4 DMJ may order from Verizon,in accordancewith the rates,terms and
conditions set forth in this Agreement and applicable Verizon Tariff(s)
(or in the absence of applicable rates,terms and conditionsset forth in
this Agreement and Verizon Tariff(s),in accordance with rates,terms
and conditions to be negotiated by the Parties),any of the methodsfor
interconnection specified in Section 2.1.3 above.
2.1.5 Verizon may use any of the following methods for interconnection with
DMJ:
2.1.5.1 a Collocation arrangementVerizon has established at the
DMJ-IP pursuantto the CollocationAttachment,or an
interconnection arrangement Verizon has established at the
DMJ-IP that is operationally equivalent to a Collocation
arrangement (including,but not limited to,a Verizon
provided Entrance Facility);and/or
2.1.5.2 a Collocation arrangement that has been established
separately at the DMJ-IP by a third party and that is used by
Verizon to interconnect with DMJ;and/or
2.1.5.3 a non-distancesensitive Entrance Facility obtained from
DMJ (and any necessary multiplexing),from the Verizon
network to the DMJ-IP (including,but not limited to,at
Verizon's election,an Entrance Facility accessed by
Verizon through interconnection at a Collocation
arrangement that DMJ has established at a Verizon Wire
Center pursuant to the Collocation Attachment,or through
interconnectionat a Collocation arrangementthat has been
established separately at a Verizon Wire Center by a third
party and that is used by DMJ),or an Entrance Facility
obtained from a third party that has established an
interconnectionarrangement with DMJ.
2.1.6 Verizon may order from DMJ,in accordancewith the rates,terms and
conditions set forth in this Agreement and applicable DMJ Tariff(s)(or
in the absence of applicable rates,terms and conditionsset forth in
this Agreement and DMJ Tariff(s),in accordance with 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 interconnectingtheir networks pursuant to this Attachment,the Parties
will use,as appropriate,the following separate and distinct trunk
groups:
2.2.1.1 Interconnection Trunks for the transmission and routing of
Reciprocal CompensationTraffic,translated LEC IntraLATA
toll free service access code (e.g.,800/888/877)traffic,and
IntraLATA Toll Traffic,betweentheir respectiveTelephone
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 ConnectingTrunks for the transmission and
routing of Exchange Access traffic,includingtranslated
InterLATAtoll free service access code (e.g.,800/888/877)
traffic,between DMJ 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 MiscellaneousTrunk Groups as mutually agreed to by the
Parties,including,but not limited to:(a)choke trunks for
traffic congestion and testing;and,(b)untranslated
IntraLATAllnterLATA toll 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
53
betweenthe 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 interconnection Trunks (trunks with
traffic going in one direction,including one-waytrunks and uni-
directional two-way trunks)and/or Two-Way interconnection Trunks
(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
DMJ 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
InterconnectionTrunks are used,the originating Party shall promptly
establish new End Office One-Way InterconnectionTrunk groups
between the Verizon End Office and the DMJ network;or,(b)if Two-
Way InterconnectionTrunks are used,DMJ shall promptly submit an
ASR to Verizon to establish new End Office Two-Way Interconnection
Trunk group(s)betweenthat Verizon End Office and the DMJ network.
2.2.5 Except as otherwise agreed in writing by the Parties,the total number of
Tandem InterconnectionTrunks between DMJ's networkand a
Verizon Tandem will be limited to a maximum of 240 trunks.In the
event that the volume of traffic between DMJ's network and a Verizon
Tandem exceeds,or reasonably can be expected to exceed,the
capacity of the 240 trunks,DMJ shall promptly submit an ASR to
Verizon to establish new or additional End Office Trunks to insure that
the volume of traffic between DMJ'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 DMJ to Verizon,DMJ,at DMJ's own
expense,shall:
2.3.1.1 provide its own facilities for delivery of the traffic to the DMJ
Collocation arrangement at the Verizon-IP or to the third-
party Collocation arrangement used by DMJ at the Verizon-
IP;and/or
2.3.1.2 obtain transport for delivery of the traffic to the DMJ
Collocation arrangement at the Verizon-IP or to the third-
party Collocation arrangement used by DMJ at the Verizon-
IP (a)from a third-party,or,(b)if Verizon offers such
transport pursuant to 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 DMJ from Verizon pursuantto
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.
54
2.3.1.3.1 For each Tandem One -Way Interconnection
Trunk group provided by Verizon to DMJ with a
utilization level of less than sixty percent (60%),
unless the Parties agree otherwise,DMJ will
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 haveagreed to use One-Way InterconnectionTrunks
for the delivery of traffic from Verizon to DMJ,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 DMJ-IP or to the third-party Collocation
arrangement used by Verizon at the DMJ-IP;or
2.3.2.2 obtain transport for delivery of the traffic to the Verizon
Collocation arrangement or interconnectionarrangement at
the DMJ-IP or to the third-party Collocation arrangement
used by Verizon at the DMJ-IP (a)from a third-party,or,(b)
if DMJ offers such transport pursuant to this Agreement or
an applicable DMJ Tariff,from DMJ;or
2.3.2.3 order the One-Way Trunks from DMJ in accordancewith
the rates,terms and conditions set forth in this Agreement
and applicable DMJ Tariffs for installation on an Entrance
Facility obtained by Verizon from DMJ pursuantto 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 DMJ.
2.4 Two-Way Interconnection Trunks.
2.4.1 Where the Parties have agreed to use Two-Way InterconnectionTrunks
for the exchange of traffic betweenVerizon and DMJ,DMJ 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 Interconnection Trunks from Verizon,
DMJ 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 specificationsat the
Point of Interconnection (POI).Where the Parties have agreedto
convert existing One-Way InterconnectionTrunks to Two-Way
InterconnectionTrunks,at the Joint Planning Meeting,the Parties shall
also mutually agree on the conversion process and project intervalsfor
conversion of such One-Way InterconnectionTrunks to Two-Way
Interconnection Trunks.
55
2.4.3 Two-Way Interconnection Trunks shall be from a Verizon End Office or
Tandem to a mutually agreed upon POI.
2.4.4 On a semi-annual basis,DMJ shall submit a good faith forecast to
Verizon of the number of End Office and Tandem Two-Way
InterconnectionTrunks that DMJ anticipatesVerizon will need to
provide during the ensuing two (2)year period to carry traffic from
DMJ to Verizon and from Verizon to DMJ.DMJ'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 (telephonically or 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 numberof 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 respectto 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 InterconnectionTrunk groups that connect to a Verizon access
Tandem shall be engineered using a design blocking objective of
Neal-WilkensonB.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-WilkensonB.01 during the average time consistent busy hour.
Verizon and DMJ 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 InterconnectionTrunk 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 DMJ shall determine and order the number of Two-Way Interconnection
Trunks that are required to meet the applicable design blocking
objective for all traffic carried on each Two-Way InterconnectionTrunk
group.DMJ 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.DMJ 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
Trunk group and DMJ has not notified Verizon that it has corrected
such blocking,Verizon may submit to DMJ a Trunk Group Service
Request directing DMJ to remedythe blocking.Upon receipt of a
56
Trunk Group Service Request,DMJ will complete an ASR to augment
the Two-Way InterconnectionTrunk Group with excessiveblocking
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.
DMJ will 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,DMJ will promptly
submit ASRs to disconnect a sufficient number of Interconnection
Trunks to attain a utilization level of approximatelysixty percent (60%)
for each respective group,unless the Parties agree that the Two-Way
InterconnectionTrunks should not be disconnected.In the event DMJ
fails to submit an ASR for Two-Way InterconnectionTrunks in
conformance with this section,Verizon may bill DMJ for the excess
InterconnectionTrunks 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
DMJ's network,Verizon's performance in connection with these Two-
Way InterconnectionTrunk 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 performanceassurance
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
InterconnectionTrunks 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 InterconnectionTrunks to the non-
complying Party's relevant POl.
2.4.15 DMJ will route its traffic to Verizon over the End Office and Tandem Two-
Way InterconnectionTrunks in accordance with SR-TAP-000191,
including but not limited to those standards requiring that a call from
DMJ to a Verizon End Office will first be routed to the End Office
InterconnectionTrunk group between DMJ and the Verizon End
Office.
2.4.16 When the Parties implement Two-Way InterconnectionTrunks,the
Parties will work cooperatively to calculate a ProportionatePercentage
of Use ("PPU")factor for each facility on which the Two-Way
InterconnectionTrunks ride,based on the total number of minutes of
traffic that each Party sends over the Two-Way Interconnection Trunks
riding on that facility OMJ will pay a percentage of Verizon's monthly
recurring charges for each facility on which the Two-Way
57
InterconnectionTrunks ride equal to DMJ'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 DMJ's side
-of DMJ's-IP,which charges shall be solely the financial responsibility
of DMJ.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-recurringchargesfor the facility on which the Two-Way
InterconnectionTrunks ride shall be apportionedas follows:(a)for the
portion of the facility on Verizon's side of the DMJ-IP,DMJ shall pay
fifty percent (50%)of the Verizon non-recurring charges;and,(b)for
the portion of the facility on DMJ's side of the DMJ-IP,DMJ shall be
solely responsible for the non-recurring charges.
Notwithstandingthe foregoing provisions of this Section 2.4.16,if DMJ
fails to provide DMJ-lPs in accordance with this Agreement,DMJ will
be responsible for one hundred percent (100%)of all recurring and
non-recurring charges associated with Two-Way Interconnection
Trunk groups until DMJ establishes such DMJ-IPs.
3.Alternative Interconnection Arrangements
3.1 In addition to the foregoing methods of Interconnection,and subject to mutual
agreement of the Parties,the Parties may agreeto establish an End Point Fiber
Meet arrangement,which may include a SONET backbonewith an optical
interface at the OC-n level in accordancewith the terms of this Section.The
Fiber Distribution Frame at the DMJ location shall be designated as the POl for
both Parties.
3.2 The establishment of any End Point Fiber Meet arrangement is expressly
conditionedupon 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
necessary to 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 InternetTraffic,and IntraLATAToll Traffic.
4.Initiating Interconnection
4.1 If DMJ determinesto offer Telephone Exchange Services and to interconnect
with Verizon in any LATA in which Verizon also offers Telephone Exchange
Servicesand in which the Parties are not already interconnected pursuantto this
Agreement,DMJ shall providewritten notice to Verizon of the need to establish
Interconnectionin such LATA pursuantto this Agreement.
4.2 The notice provided in Section 4.1 shall include (a)the initial Routing Point(s);(bi
the applicable DMJ-IPs to be established in the relevant LATA in accordance
with this Agreement;(c)DMJ's intended Interconnectionactivation date;(d)a
58
forecast of DMJ's trunking requirementsconforming to Section 14.3;and (e)such
other information as Verizon shall reasonably request in order to facilitate
Interconnection.
4.3 The interconnection activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Verizon of all necessary informationas indicated
above.Within ten (10)Business Days of Verizon's receipt of DMJ's notice
providedfor in Section 4.1,Verizon and DMJ shall confirm the Verizon-IP(s),the
DMJ-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
Interconnection pursuant 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 InterconnectionTrunks are provisioned
using a DS-3 interface facility,then DMJ shall order the multiplexed
DS-3 facilities to the Verizon Central Office that is designated in the
NECA 4 Tariff as an IntermediateHub location,unless otherwise
agreed to in writing by Verizon.The specific NECA4 Intermediate
Hub location to be used for One-Way or Two-Way Interconnection
Trunks 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 DMJ shall pay 100%of the facility chargesfor 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 agreedto 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 DMJ traffic to Verizon,the subtending arrangements
between Verizon Tandem Switches and Verizon End Office Switches shall be the
same as the Tandem/End Office subtending arrangementsVerizon maintains for
59
the routing of its own or other carriers'traffic.For purposes of routing Verizon
traffic to DMJ,the subtending arrangements between DMJ Tandem Switches
and DMJ End Office Switches shall be the same as the Tandem/End Office
subtending arrangements that DMJ maintains for the routing of its own or other
carriers'traffic.
5.4 Signalina.
Each Party will provide the other Party with access to its databases and
associated signaling necessaryfor the routing and completionof 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 InternetTraffic rate,intrastate
Switched Exchange Access Service rate,interstate Switched
Exchange Access Service rate,or intrastatelinterstateTandem Transit
Traffic rate,as provided in the Pricing Attachment,an applicableTariff,
or,for Measured Internet Traffic,the FCC InternetOrder.
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
ReciprocalCompensation Traffic and Toll Traffic on the same trunk
group,the receiving Party shall bill the higher of its interstate Switched
ExchangeAccess 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 CompensationTraffic/Measured
InternetTraffic,intrastate Switched Exchange Access Service,interstate
Switched ExchangeAccess Service,or intrastate/interstateTandem 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
60
informationon an automated basis to classify tra¾iic delivered by the other Party
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 purposesof
determining terminating compensation shall be in conversationseconds (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 applicableTariffs.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 necessaryTraffic data in conjunctionwith any such audit in a timely
manner.
6.4 Nothing in this Agreement shall be construed to limit either Party's ability to
designatethe 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 Compensation Traffic Interconnection Points.
7.1.1 Except as otherwise agreed by the Parties,the InterconnectionPoints
("lPs")from which DMJ will provide transport and termination of
Reciprocal CompensationTraffic to its Customers ("DMJ-lPs")shall be
as follows:
7.1.1.1 For each LATA in which DMJ requests to interconnect with
Verizon,except as otherwise agreed by the Parties,DMJ
shall establish a DMJ IP in each Verizon Local CallingArea
(as defined below)where DMJ chooses to assign telephone
numbersto its Customers.DMJ shall establish such DMJ-
IP consistent with the methodsof 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 DMJ 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)DMJ shall bill and
Verizon shall pay the lesser of the negotiated intercarrier
compensation rate or the End Office Reciprocal
Compensation rate for the relevanttraffic 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 DMJ or a third
61
party),from the originating Verizon End Office to the
receiving DMJ-lP.
7.1.1.2 At any time that DMJ establishes a Collocation site at a
Verizon End Office Wire Center in a LATA in which DMJ is
interconnected or requesting interconnectionwith Verizon,
either Party may request in writing that such DMJ
Collocation site be established as the DMJ-IPfor 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 transitionto such
DMJ-IP.If the Parties have not reachedagreement on such
arrangements within thirty (30)days,(a)either Party may
pursue available dispute resolution mechanisms;and,(b)
DMJ 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 DMJ or a
third party),from the originating Verizon End Officeto the
receiving DMJ-IP.
7.1.1.3 In any LATA where the Parties are already interconnected
priorto the effective date of this Agreement,DMJ may
maintain existing CLEC-IPs,except that Verizon may
request in writing to transition such DMJ-IPsto the DMJ-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)DMJ shall bill and
Verizon shall pay only the lesser of the negotiated
intercarriercompensation rate or the End Office reciprocal
compensation rate for relevanttraffic,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 DMJ or a third
party),from Verizon's originating End Office to the DMJ IP.
7.1.2 Except as otherwise agreed by the Parties,the Interconnection Points
("lPs")from which Verizon will providetransport and termination of
Reciprocal Compensation Traffic to its Customers ("Verizon-IPs")shall
be as follows:
7.1.2.1 For Reciprocal CompensationTraffic delivered by DMJ to
the Verizon Tandem subtended by the terminating End
Office serving the Verizon Customer,the Verizon-lP will be
the Verizon Tandem switch.
7.1.2.2 For Reciprocal Compensation Traffic delivered by DMJ to
the Verizon terminating End Office servingthe Verizon
Customer the verizon-IP will be Verizon End Office switch.
62
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
to deliver traffic to such IPs for the NXXs or functionalities served by
.those IPs.To the extent that any such DMJ-IP is not located at a
Collocationsite at a Verizon Tandem Wire Center or Verizon End
Office Wire Center,then DMJ shall permit Verizon to establish
physical Interconnectionthrough collocation or other operationally
comparable arrangements acceptable to Verizon at the DMJ-IP.
7.1.4 Each Party is responsible for delivering its Reciprocal Compensation
Traffic that is to be terminated by the other Party to the other Party's
relevant IP.
7.2 ReciprocalCompensation.
The Parties shall compensate each otherfor the transport and termination of
ReciprocalCompensationTraffic deliveredto 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 DMJ-IP for traffic delivered by Verizon for
termination by DMJ,and at the Verizon-IP for traffic delivered by DMJ for
termination by Verizon.Except as expressly specified in this Agreement,no
additional charges shall apply for the termination from the IP to the Customer of
ReciprocalCompensation Traffic deliveredto the Verizon-IP by DMJ or the DMJ-
IP by Verizon.When such Reciprocal Compensation Traffic is delivered over the
same trunks as Toll Traffic,any port or transport or other applicable access
charges relatedto 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 Compensationshall
be based on the actual originating and terminating points of the complete end-to-
end communication.
7.3 Traffic Not Subiect to Reciprocal Compensation.
7.3.1 ReciprocalCompensation shall not apply to interstate or intrastate
ExchangeAccess,InformationAccess,or exchange services for
ExchangeAccess or InformationAccess.
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 Internet Order that
traffic delivered to a carrier that exceeds a 3:1 ratio of
terminating to originating traffic is InternetTraffic,and in
accordance with the process established by the FCC
internet Order for rebutting such presumption before the
Commission).
7.3.3 ReciprocalCompensation shall not apply to Toll Traffic,including,but not
l¡mited to,calls originated on a 1+presubscription basis,or on a
casual dialed (10XXX/101XXXX)basis.
63
7.3.4 Reciprocal Compensation shall not apply to Optional Extended Local
Calling Area Traffic.
7.3.5 Reciprocal Compensation shall not apply to special access,privatefine,
or any other traffic that is not switched by the terminating Party.
7.3.6 Reciprocal Compensation shall not apply to Tandem Transit Traffic.
7.3.7 Reciprocal Compensation shall not apply to Voice InformationService
Traffic (as defined in Section 5 of the Additional ServicesAttachment).
7.4 The Reciprocal Compensation charges (including,but not limited to,the
Reciprocal Compensation per minute of use charges)billed by DMJ to Verizon
shall not exceed the Reciprocal Compensation charges (including,but not limited
to,Reciprocal Compensation per minute of use charges)billed by Verizon to
DMJ.
8.Other Types of Traffic
8.1 Notwithstandingany other provision of this Agreement or any Tariff:(a)the
Parties'rights and obligations with respectto any intercarrier compensationthat
may be due in connectionwith their exchange of Internet Traffic 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 obligatedto pay any
intercarrier compensationfor Internet Traffic that is in excess of the intercarrier
compensationfor Internet Traffic that such Party is required to pay underthe
FCC Internet Order 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 DMJ to
Verizon,DMJ 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 DMJ.
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 InterconnectionPoints.
8.5.1 The IP of a Party ("Receiving Party")for Measured InternetTraffic
delivered to the Receiving Party by the other Party shall be the same
as the IP of the Receiving Party for ReciprocalCompensationTraffic
under Section 7.1 above.
8.5.2 Except as otherwise set forth in the applicableTariff of a Party
("Receiving Party")that receivesToll Traffic from the other Party,the
IP of the Receiving Party for Toll 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.
64
8.5.3 The IP for traffic exchanged between the Parties that is not Reciprocal
CompensationTraffic,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
provisionsin 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 prescribesparameters 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 DMJ Telephone Exchange Service
Customers and InterexchangeCarriers ("Access Toll ConnectingTrunks"),in any
case where DMJ elects to have its End Office Switch subtend a Verizon Tandem.
This includes casually-dialed (1010XXXand 101XXXX)traffic.
9.2 Access Toll Connectinq Trunk Group Architecture.
9.2.1 If DMJ chooses to subtend a Verizon access Tandem,DMJ's NPA/NXX
must be assigned by DMJ to subtend the same Verizon access
Tandem that a Verizon NPA/NXX serving the same Rate CenterArea
subtends as identified in the LERG.
9.2.2 DMJ 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
InterexchangeCarriers to originate and terminate traffic to and from
DMJ's Customers.
9.2.3 The Access Toll Connecting Trunks shall be two-way trunks.Such
trunks shall connect the End Office DMJ utilizes to provide Telephone
Exchange Service and Switched Exchange Access to its Customers in
a given LATA to 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 DMJ'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 DMJ 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 MECODdocuments,
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 Servicewhere the transport component of the Switched
Exchange Access Service is routed through an access Tandem Switch that is
provided by Verizon.
65
10.2 In each LATA,the Parties shall establish MPB arrangements for the applicable
DMJ Routing Point/Verizon Serving Wire 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.
10.4 DMJ and Verizon will use reasonable efforts,individuallyand 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 sufficientto reflect the MPB arrangementsestablished 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/MultipleTariff,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/Multiple Tariff or Single
Bill/Single Tariff option,as appropriate,in order to bill an IXCfor 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 DMJ Routing Point/Verizon Serving Wire Center combination,
the MPB billing percentages for transport between the DMJ 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 providethe 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 DMJ with the SwitchedAccess Detail Usage Data (EMI
category 1101XXrecords)on magnetictape 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 DMJ shall provide Verizon with the Switched Access Summary Usage Data (EMI
category 1150XXrecords)on magnetictape 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 DMJ:
LaDonnaTruelock
2525 N.Grandview
66
Suite 900
Odessa,Texas 79761
For Verizon (Former GTE service area):
Verizon Data Services
ATTN:MPB
1 East Telecom Parkway
Dock K
Temple Terrace,FL 33637
Either Party may change its address for receiving usage data by notifying the
other Party in writing pursuant to Section 29 of the General Terms and
Conditions.
10.11 DMJ and Verizon shall coordinate and exchangethe 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/BACRnumber,or if the
OCN changes.
10.12 Each Party agrees to provide the other Party with notificationof any errors it
discovers in MPB data within thirty (30)calendar days of the receipt of the
originaldata.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-Dayperiod,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
recordingup 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
additionalaudits,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 bearingthe 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 designatedfor such traffic in the future.
10.16 in the event DMJ determines to offer Telephone Exchange Services in a LATA in
which Verizon operates an access Tandem Switch,Verizon shall permit and
enable DMJ to subtend the Verizon access Tandem Switch(es)designated for
the Verizon End Offices in the area where there are located DMJ Routing
Point(s)associated with the NPA NXX(s)to/from which the Switched Exchange
Access Services are homed.
67
10.17 Except as otherwise mutually agreed by the Parties,the MPB billing percentages
for each Routing Point/VerizonServing Wire Center combinationshall be
calculated according to the following formula,unless as mutually agreed to by the
Parties:
a /(a +b)=DMJ Billing Percentage
and
b /(a +b)=Verizon Billing Percentage
where:
a =the airline mileage between DMJ Routing Point and the actual
point of interconnectionfor the MPB arrangement;and
b =the airline mileage betweenthe Verizon ServingWire Center and
the actual point of interconnectionfor the MPB arrangement.
10.18 DMJ shall inform Verizon of each LATA in which it intends to offer Telephone
Exchange Services and its calculation of the billing percentageswhich should
apply for such arrangement.Within ten (10)Business Days of DMJ's delivery of
notice to Verizon,Verizon and DMJ 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)("8W")calls to the other Party.For the purposesof 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 8W database.Except as otherwise agreed to by the Parties,all DMJ originating
"untranslated"8W traffic will be routed over a separate one-way trunk group.
11.1 When DMJ delivers translated 8W calls to Verizon for completion,
11.1.1 to an IXC,DMJ shall:
11.1.1.1 provide an appropriate EMI record to Verizon for processing
and Meet Point Billing in accordance with Section 10 above.
and
11.1.1.2 bill the IXC the DMJ 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,DMJ shall:
11.1.2.1 provide an appropriate EMI recordto the toll free service
access code service provider;and
11.1.2.2 bill to the toll free service access code service provider the
DMJ's Tariffed Feature Group D ("FGD")Switched
Exchange Access or Reciprocal Compensationcharges,as
applicable,and the DMJ query charge;and
68
11.1.2.3 Verizon shall bill applicable Tandem Transit Service
charges and associated passthrough charges to DMJ.
11.2 When Verizon performsthe query and delivers translated 8YY calls,originated
by Verizon's or another LEC's Customer,
11.2.1 to DMJ in it's capacity as a toll free service access code service provider,
Verizon shall:
11.2.1.1 bill DMJ 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 DMJ;and
11.2.1.3 bill DMJ Verizon's Tariffed FGD Switched Exchange Access
or ReciprocalCompensation charges as applicable.
11.3 When DMJ:delivers untranslated 8YY 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 lXC;and
11.3.1.2 provide an appropriate EMI record to DMJ to facilitate billing
to the IXC;and
11.3.1.3 bill the IXCthe 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 DMJ;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 DMJ.
12.Tandem Transit Traffic
12.1 As used in this Section 12,Tandem Transit Traffic is Telephone Exchange
Service traffic that originates on DMJ'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 relevantVerizon Tandem to which DMJ delivers such traffic.Neither the
originating nor terminating customer is a Customer of Verizon.Subtending
Central Offices shall be determined in accordance with and as identified in the
69
Local Exchange Routing Guide (LERG).Switched ExchangeAccess Service
traffic is not Tandem Transit Traffic.
12.2 Tandem Transit Traffic Service provides DMJ with the transport of Tandem
Transit Traffic as provided below.
12.3 Tandem Transit Traffic may be routed over the InterconnectionTrunks described
in Sections 3 through 6.DMJ shall deliver each Tandem Transit Traffic call to
Verizon with CCS and the appropriate Transactional CapabilitiesApplication Part
("TCAP")message to facilitate full interoperability of CLASS Features and billing
functions.
12.4 DMJ shall exercise its best efforts to enter into a reciprocal Telephone Exchange
Service traffic arrangement (either via written agreement or mutual Tariffs)with
any CLEC,ILEC,CMRS carrier,or other LEC,to which it delivers Telephone
Exchange Service traffic that transits Verizon's Tandem Office.If DMJ does not
enter into and provide notice to Verizon of the above referenced arrangement
within 180 days of the initial traffic exchange with relevantthird party carriers,
then Verizon may,at its sole discretion,terminate Tandem Transit Service at
anytime upon thirty (30)days written notice to DMJ.
12.5 DMJ shall pay Verizon for Transit Service that DMJ 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,includingany Switched
Exchange Access Service charges.
12.6 Verizon will not provide Tandem Transit Traffic Servicefor 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 DMJ Central Office,
then DMJ shall offer to Verizon a service arrangement equivalent to or the same
as Tandem Transit Service provided by Verizon to DMJ 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 DMJ Central Office ("Reciprocal
Tandem Transit Service").DMJ 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 reciprocal traffic 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 construedto 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 Commissionorders,as may be
amended from time to time,or to establish,by Tariff or otherwise,Rate Center
Areas and Routing Points corresponding to such NXX codes.
70
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 code.s.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.Duringthe term of this Agreement,DMJ shall adopt the
Rate Center Area and Rate Center Points that the Commissionhas approved for
Verizon within the LATA and Tandem serving area.DMJ shall assign whole
NPA-NXX codes to each Rate Center Area unless otherwiseordered by the
FCC,the Commission or another governmental entity of appropriate jurisdiction,
or the LEC industryadopts alternative methods of utilizing NXXs.
13.4 DMJ will also designate a Routing Point for each assigned NXX code.DMJ shall
designate one location for each Rate Center Area in which the DMJ has
established NXX code(s)as the Routing Point for the NPA-NXXsassociated 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 DMJ will be routed in
the same manner as calls to DMJ's initial NXXs.
13.5 Notwithstandinganythingto the contrary contained herein,nothing in this
Agreement is intended,and nothing in this Agreement shall be construed,to in
any way constrain DMJ's choices regarding the size of the local calling area(s)
that DMJ 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 Implementationand 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 standardsto ensure that InterconnectionTrunks experiencea grade of
service,availability and quality which is comparableto that achieved
on interofficetrunks within Verizon's network and in accord with all
appropriate relevant industry-acceptedquality,reliability and
availabilitystandards.Except as otherwise stated in this Agreement,
trunks provided by either Party for Interconnectionserviceswill 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 administrationand maintenance of the trunk groups,including,but
not limited to,standards and proceduresfor notificationand
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
71
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,Interconnectionprovided 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
standards to 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.
14.3 Forecastinq Requirementsfor Trunk Provisioninq.
Within ninety (90)days of executing this Agreement,DMJ 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 InterconnectionTrunk
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 (ReciprocalCompensationTraffic/Toll
Traffic,Operator Services,911,etc.),code (identifiestrunk group),A location/Z
location (CLLIcodes for DMJ-IPsand Verizon-IPs),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 DMJ decides to market its services,Verizon will be largely
dependent on DMJ 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 DMJ as DMJ providesto terminate
Reciprocal Compensation Traffic to Verizon.At Verizon's discretion,
when DMJ expressly identifies particular situations that are expected
to producetraffic that is substantially skewed in eitherthe inbound or
outbound direction,Verizon will provide the number of trunks DMJ
suggests;provided,however,that in all cases Verizon's provisionof
the forecasted number of trunks to DMJ is conditioned on the
following:that such forecast is based on reasonable engineering
criteria,there are no capacity constraints,and DMJ's previous
forecasts have proven to be reliable and accurate.
14.3.1.1 Monitorinq and Adiustinq Forecasts.Verizon will,for ninety
(90)days,monitor traffic on each trunk group that it
establishes at DMJ'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 it.after such initial ninety (90)day period for a
72
trunk group,Veri70n determines that any trunks in the trunk
group in excess of two (2)US-1s are not warranted by
actual traffic volumcs (considering engineering criteria for
busy Centium Call Second (HundredCall Second)and
blocking percentages),then Verizon may hold DMJ
financially responsible for the excess facilities.
14.3.1.2 In subsequent periods,Verizon may also monitortraffic for
ninety (90)days on additional trunk groups that DMJ
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 DMJ financially responsible for the
excess facilities.At any time during the relevant ninety-(90)
day period,DMJ may requestthat Verizon disconnect
trunks to meet a revised forecast.In such instances,
Verizon may hold DMJ financially responsible for the
disconnected trunks retroactiveto 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 prescribedby 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 B").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 networkto Party B's network.
15.2.2 When a telephone number is ported out of Party A's network,Party A w il
remove any non-proprietary line based calling card(s)associated with
the ported number(s)from its Line Information Database (LIDB).
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 8
and the Customer has previously secured a reservation of line
numbersfrom Party A for possible activation at a future point,these
73
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 portedfor 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 numbersto Party B,in
the process of porting the Customer's telephone numbers,Party A
shall implementthe ten-digit trigger feature where it is available.When
Party A receives the porting request,the unconditionaltrigger shall be
appliedto 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 coordinatethe disconnect activity.
15.2.5 The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP)in the initial Address Message (IAM),containinga
Local Exchange Routing Guide (LERG)-assigned NPA-NXX (6 digits)
identifying the originating switch on calls originating from 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 NXXsassigned to LNP capable switches are to be designatedas
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 internal testing and
official use and any other NXX codes required to be designated as
non-portableby 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 availablefor 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
necessaryfor LNP.
15.3 Procedures for Providinq NP Throuqh Full NXX Code Miqration.
Where a Party has activated an entire NXX for a single Customer,or activated at
least eighty percent (80%)of an NXX for 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 Servicefrom
the other Party,the first Party shall cooperate with the second Party to have the
entire NXX reassigned in the LERG (and associated industry databases,routing
74
tables,etc.)to an End Office operated by the second Party.Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead times for movements of NXXsfrom 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 respectivecompany 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
(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 providefor INP must request a
dedicated trunk group from the End Office where the DID numbers are
currently servedto the new serving-End Office.If there are no existing
facilities betweenthe respective End Offices,the dedicated facilities
and transport trunks will be provisioned as unbundled servicethrough
the ASR provisioning process.The requesting party will reroute the
DID numbersto the pre-positionedtrunk group using the LSR
provisioning process.DID trunk rates are contained in the Parties'
respectivetariffs.
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 ordersfor existing INP,
shall be worked by Party A.Ordersfor 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 prior to 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-served Customers 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-
75
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 DMJ at the tariff rate(s)for the subject jurisdiction.
15.5 Proceduresfor LNP Request.
The Parties shall providefor the requestingof End Office LNP capability on a
reciprocal basis through a written request.The Parties acknowledgethat 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
requestto Party A.Party A will respond to 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
providefor LNP in compliance with the procedures and timelines set
forth in FCC 96-286,Paragraph 80,and FCC 97-74,Paragraphs65
through 67.
15.5.2 The Parties acknowledge that each can determine the LNP-capable End
Offices of the other through the Local Exchange Routing Guide
(LERG).In addition the Parties shall make informationavailable 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
IntraLATAToll 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 provisionof traffic
covered by this Agreement.These facilities include but are not limited to,a
sufficient number of trunks to the point of interconnectionwith 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 observethe rules
and regulations of the lawfully established tariffs applicable to the services
provided.
16.3 Operator Services Calls.
76
Each Party agrees to coordinate the interconnection of their operator service
bureau with the operator service bureau of the other Party in order to provide for
the exchange of miscellaneousservices,e.g.Busy Line Verification/Interrupt,
Directory Assistance,Call Completions.
16.4 Traffic Recordinq.
The traffic recording and identification functions 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.
77
RESALE ATTACHMENT
1.General
Verizon shall provideto DMJ,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 DMJ;provided,that notwithstandingany
other provision of this Agreement,Verizon shall be obligated to provide
Telecommunications Services to DMJ only to the extent required by Applicable Law and
may decline to provide a Telecommunications Serviceto DMJ 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 DMJ under this
Resale Attachment only for the purpose of resale by DMJ as a
Telecommunications Carrier.Verizon Telecommunications Services to be
purchasedby DMJ for other purposes (including,but not limited to,DMJ's own
use)must be purchased by DMJ pursuantto other applicable Attachments to this
Agreement (if any),or separate written agreements,including,but not limited to,
applicable Verizon Tariffs.
2.2 DMJ shall not resell:
2.2.1 Residential service to persons not eligible to subscribe to such service
from Verizon (including,but not limited to,business or other
nonresidentialCustomers);
2.2.2 Lifeline,Link Up America,or other means-testedservice offerings,to
persons not eligible to subscribe to such service offeringsfrom
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 DMJ to comply with this Section
2.2,DMJ shall take those actions required by Applicable Law to
determine the eligibility of DMJ 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.DMJ shall indemnifyVerizon
from any Claims resulting from DMJ's failure to take such actions
required by Applicable Law.
2.2.6 Verizon may perform audits to confirm DMJ's conformityto the provisions
of this Section 2.2.Such audits may be performedtwice per calendar
year and shall be performed in accordance with Section 7 of the
General Terms and Conditions.
78
2.3 DMJ 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
TelecommunicationsService:(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 TelecommunicationsService.
2.4 DMJ 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
TelecommunicationsServices,in return for trying,agreeing to purchase,
purchasing,or using,Verizon Telecommunications Services.
2.5 In accordancewith 47 CFR §51.617(b),Verizon shall be entitled to all charges
for Verizon Exchange Access services used by interexchangecarriers to provide
service to DMJ Customers.
3.Availability of Verizon Telecommunications Services
3.1 Verizon will provide a Verizon TelecommunicationsService to DMJ for resale
pursuant to this Attachment where and to the same extent,but only where and to
the same extent,that such Verizon Telecommunications Service is providedto
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
TelecommunicationsServices at any time,without the consent of DMJ.
3.3 To the extent required by Applicable Law,the Verizon Telecommunications
Servicesto be providedto DMJ 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 providing to a Verizon
Customerat the time the CSA is requested by DMJ.
4.Responsibilityfor Charges
DMJ shall 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 DMJ Customer
locations for the purpose of installing,inspecting,maintaining,
repairing,and removing,facilities,equipment,software,and wiring,
used to provide the Verizon Telecommunications Services.DMJ shall,
79
at DMJ's expense,obtain any rights and authorizations necessaryfor
such access.
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 DMJ
or DMJ Customers for use with Verizon TelecommunicationsServices.
5.2 Brandinq.
5.2.1 Except as stated in Section 5.2.2,in providingVerizon
Telecommunications Services to DMJ,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 provided to Verizon's Customers.
Any such identification of Verizon's Telecommunications Services
shall not constitute the grant of a license or other right to DMJ to use
Verizon's Marks.
5.2.2 To the extent required by Applicable Law,upon request by DMJ and at
prices,terms and conditions to be negotiated by DMJ and Verizon,
Verizon shall provide Verizon Telecommunications Services for resale
that are identified by DMJ'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 provideVerizon Operator
Services or Verizon DirectoryAssistance Services,DMJ will be
responsiblefor entering into a direct contractualarrangement with the
third-party contractor at DMJ's expense (a)to obtain identificationof
Verizon Operator Services or Verizon DirectoryAssistande Services
purchased by DMJ for resale with DMJ's trade name,or (b)to obtain
removal of trade name,trademark or service mark identificationfrom
Verizon Operator Services or Verizon DirectoryAssistance Services
purchased by DMJ for resale.
6.Rates and Charges
The rates and charges for Verizon Telecommunication Services purchased by DMJ for
resale pursuantto this Attachment shall be as provided in this Attachment and the Pricing
Attachment.
80
NETWORK ELEMENTS ATTACHMENT
1.General
1.1 Verizon shall provide to DMJ,in accordance with this Agreement (including,but
not limited to,Verizon's applicableTariffs)and the requirements of Applicable
Law,access to Verizon's Network Elements on an unbundled basis and in
combinations (Combinations);provided,however,that notwithstandingany other
provision of this Agreement,Verizon shall be obligated to provideunbundled
Network Elements (UNEs)and Combinationsto DMJ only to the extent required
by Applicable Law and may decline to provide UNEs or Combinationsto DMJ 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.Except as
otherwise required by Applicable Law,Verizon shall not be obligated,and may
decline,to provide a UNE or Combinationto DMJ,if DMJ,either itself or through
a third party (e.g.,DMJ's Customer),has ordered TelecommunicationsServices
from Verizon in order to impose on Verizon an obligation to provide such UNE or
a Combination.For example,except as otherwise required by Applicable Law,
Verizon shall not be obligated,and may decline,to provide a UNE or
Combination to DMJ if DMJ ordered Telecommunications Services or advised its
Customer to order Telecommunications Services where the UNE or Combination
desired by DMJ was not available in orderto permit DMJ to subsequently convert
the Telecommunications Services to the UNE or Combination desired by DMJ.
1.3 DMJ may use a UNE or Combination only for those purposesfor which Verizon
is required by Applicable Law to provide such UNE or Combinationto DMJ.
Without limiting the foregoing,DMJ may use a UNE or Combination (a)only to
provide a TelecommunicationsService and (b)to provide ExchangeAccess
services only to the extent that Verizon is required by Applicable Law to provide
such UNE or Combinationto DMJ in order to allow DMJ to provide such
ExchangeAccess 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
provide to DMJ a UNE or Combination that is not offered under this
Agreement to DMJ as of the Effective Date,the terms,conditions and
prices for such UNE or Combination (including,but not limited 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,conditionsand 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
applicable Verizon Tariff,as mutually agreed in writing by the Parties.
81
1.4.2 Verizon shall not be obligated to provide to DMJ,and DMJ shall not
request from 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 DMJ,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 DMJ.If Verizon terminates its provision of a UNE or a Combination to DMJ
pursuant to this Section 1.5 and DMJ elects to purchase other services offered
by Verizon in place of such UNE or Combination,then:(a)Verizon shall
reasonably cooperate with DMJ to coordinate the terminationof such UNE or
Combination and the installation of such services to minimize the interruptionof
service to Customers of DMJ;and,(b)DMJ 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 Elementunder Applicable Law,or (ii)a Network ElementVerizon is
required by Applicable Law to provideto DMJ on an unbundled basis or in
combination with other Network Elements.
1.7 Except as otherwise expressly stated in this Agreement,DMJ shall access
Verizon's UNEs specifically identified in this Agreement via Collocation in
accordancewith the Collocation Attachment at the Verizon Wire Centerwhere
those UNEs exist,and each Loop or Port shall,in the case of Collocation,be
delivered to DMJ's Collocation node by means of a Cross Connection.
1.8 If as the result of DMJ Customer actions (i.e.,Customer Not Ready ("CNR")),
Verizon cannot complete requested work activity when a technician has been
dispatched to the DMJ Customer premises,DMJ 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 DMJ access to the following:
2.1 Loops,as set forth in Section 3;
2.2 Line Sharing,as set forth in Section 4;
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.
82
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 (lOF),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 DMJ to access Loops
unbundledfrom local switching and local transport,in accordance with this Section 3 and
the rates and charges provided in the Pricing Attachment.Verizon shall allow DMJ
access 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"providesan effective2-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-SpecifiedSignaling"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"providesan effective4-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
revised from 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
interfacesat 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.
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.
83
3.5 "2-Wire HDSL-CompatibleLoop"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 revisedfrom
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
copperfacilities.The 2-wire HDSL-compatibleloop is available only in Bell
Atlantic Service Areas.
3.6 "4-Wire HDSL-CompatibleLoop"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 revisedfrom
time-to-time.The HDSL power spectral density mask and dc line power limits
referenced in Verizon TR 72575,as revisedfrom time-to-time,must be met.4-
Wire HDSL-compatiblelocal 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 DSi-compatible Loop"providesa 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 T1.403 and Verizon TR 72575,as revisedfrom
time-to-time.DS-1-compatible Loops 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 resistancedesign 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-compatible local loops
will be provided only where facilities are available and can meet applicable
specifications.Verizon will not build new copperfacilities.
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 performanceof 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.
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 intermediateelectronics
or it consists of universal digital loop carrier with 56 kbps DDS dataport transport
capability.Verizon shall provide 4-Wire 56 kbps Loops to DMJ in accordance
84
with,and subject to,the technical specifications set forth in Verizon Technical
ReferenceTR72575,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 providedwhere the electronics are at the
requested installationdate currently available for the requested loop.Verizon will
not install new electronics.
3.12 "Digital Designed Loops"are comprised of designed loops that meet specific
DMJ requirementsfor metallic loops over 18k ft.or for conditioning of ADSL,
HDSL,SDSL,IDSL,or BRI ISDN Loops."Digital DesignedLoops"may include
requestsfor:
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 bridgedtap;
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 available to DMJ 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 DMJ shall place orders for xDSL Loops and Digital DesignedLoops by
delivering to Verizon a valid electronictransmittal 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 mechanizedsurvey of existing Loopfacilities,on
a Central Office by Central Office basis,to identify those Loops that
meet the applicable technical characteristics established by Verizon
for compatibilitywith ADSL,HDSL,IDSL,SDSL and BRI ISDN signals.
The results of this survey will be stored in a mechanizeddatabase and
85
made available to DMJ as the process is completed in each Central
Office.DMJ must utilize this mechanized loop qualification database,
where available,in advance of submitting a valid electronictransmittal
.service order for an ADSL,HDSL,IDSL,SDSL or BRI ISDN Loop.
Charges for mechanized loop qualification informationare 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,DMJ 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 request within 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.,becauseit
does not meet the applicable technical parametersset forth in the
Loop descriptions above),DMJ may request an Engineering Query,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 DMJ submits a service orderfor an ADSL,HDSL,SDSL,IDSL,or BRI
ISDN Loop that has not been prequalified,Verizon will query the
service order back to DMJ for qualification and will not accept such
service order until the Loop has been prequalified on a mechanizedor
manual basis.If DMJ 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 respondback to
DMJ with a "Nonqualified"indicator and with informationshowing
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 DMJ has followed the prequalification procedure described above
and has determined that a Loop is not compatible with 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 DMJ is
already aware of the conditioning required (e.g.,where DMJ has
previously requested a qualification and has obtained loop
characteristics),DMJ 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 DMJ'svalid,
accurate and pre-qualified service order for a Digital Designed Loop.
3.15 The Parties will make reasonable efforts to coordinate their respectiveroles in
order to minimize provisioning problems.In general,where conditioningor loop
extensions are requested by DMJ,an interval of eighteen (18)Business 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 DMJ'svalid,
accurate and pre-qualified service order for a Digital Designed Loop to
86
analyze the loop and related plant records and to create an
EngineeringWork Order.
3.15.2 Upon completion of an EngineeringWork Order,Verizon will initiate the
construction order to perform the changes/modificationsto the Loop
requested by DMJ.Conditioningactivities 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 provisioningand installation process will be initiated,subject to Verizon's
standard provisioning intervals.
3.16 If DMJ requires a change in scheduling,it must contact Verizon to issue a
supplementto the original service order.If DMJ cancels the request for
conditioning after a loop analysis has been completed but prior to the
commencement of constructionwork,DMJ shall compensate Verizon for an
EngineeringWork Order charge as set forth in the Pricing Attachment.If DMJ
cancels the request for conditioning after the loop analysis has been completed
and after construction work has started or is complete,DMJ 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 DMJ Telephone Exchange Services provisionedover
Analog 2W unbundled Local Loops ("Analog 2W Loops)to be provided
by Verizon to DMJ:
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,additionalcharges may apply.If DMJ does not
request a coordinatedcutover,Verizon will process DMJ's
order as a new installation subject to applicable standard
provisioning intervals.
3.17.1.2 DMJ shall request Analog 2W Loops for coordinated
cutover from Verizon by deliveringto Verizon a valid
electronic Local Service Request ("LSR").Verizon agrees
to accept from DMJ the date and time for the conversion
designated on the LSR ("ScheduledConversion Time"),
provided that 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,DMJ and Verizon shall mutually agree on a
New Conversion Time,as defined below.DMJ shall
designate the Scheduled ConversionTime subject to
Verizon standard provisioning intervals as stated in the
Verizon CLEC Handbook,as may be revised from time to
time.Within three (3)Business Days of Verizon's receipt of
such valid LSR.or as otherwise required by Applicable Law,
87
Verizon shall provide DMJ the scheduled due date for
conversion of the Analog 2W Loops covered by such LSR.
-3.17.1.3 DMJ shall provide dial tone at the DMJ Collocation site at
least forty-eight (48)hours prior to the ScheduledConversionTime.
3.17.1.4 Either Party may contact the other Party to negotiate a new
Scheduled Conversion Time (the "New ConversionTime");provided,however,that each Party shall use commercially
reasonableefforts to providefour (4)business hours'advance notice to the other Party of its requestfor a New
Conversion Time.Any Scheduled Conversion Time or NewConversionTimemaynotberescheduledmorethanone
(1)time in a business day,and any two New Conversion
Times for a particularAnalog 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
hourfrom 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)hour time frame above,the Analog 2W
Loops Service Order Chargefor the original
Scheduled Conversion Time or the previous
New Conversion Time shall be waived uponrequestfromDMJ;and
3.17.1.5.2 If DMJ requests to reschedule outside the one
(1)hour time frame above,DMJ shall be
charged an additional Analog 2W Loops Service
Order Charge for reschedulingthe conversion to
the New Conversion Time.
3.17.1.6 If DMJ is not readyto accept service at the Scheduled
Conversion Time or at a New ConversionTime,asapplicable,an additional ServiceOrder Charge shall apply
If Verizon is not available or readyto perform the
conversionwithin thirty (30)minutes of the Scheduled
Conversion Time or New Conversion Time,as applicable,
Verizon and DMJ will reschedule and,upon requestfrom
DMJ,Verizon will waive the Analog 2W Loop Service Order
Chargefor 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 DMJ is fifteen (15)minutes per Analog
2W Loop for all orders consisting of twenty (20)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 completed according to
North American Numbering Council ("NANC")standards.
88
via the regional Number Portability Administration Center
("NPAC").
3.17.1.9 if DMJ 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 DMJ access to its Loops at each of Verizon's Wire Centers
for Loops terminating in that Wire Center.In addition,if DMJ orders one or more
Loops provisioned via Integrated Digital Loop Carrier or RemoteSwitching
technology 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 DMJ.If,however,no spare physical Loop is
available,Verizon shall within three (3)Business Days of DMJ's request notify
DMJ of the lack of available facilities.DMJ 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).DMJ may also make a Network Element Bona Fide Request
pursuantto Section 14.3 for access to Unbundled Local Loops at the Loop
concentrationsite point.Notwithstandinganything 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 DMJ's provision of
ADSL (in accordance with T1.413),Splitterless ADSL (in accordancewith
T1.419),RADSL (in accordance with TR #59),Multiple Virtual 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 DMJ,solely for DMJ's own use,the
frequency range above the voice band on the same copper Loop required by
DMJ 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 DMJ for DMJ's provision of ADSL (in accordance with T1.413),
Splitterless ADSL (in accordance with T1.419),RADSL (in accordancewith TR #
59),MVL (a proprietary technology),or any other xDSL technology that is
presumedto be acceptable for shared line deployment in accordancewith FCC
rules,in accordance with this Section 4 and the rates and charges provided in
the Pricing Attachment.Verizon shall provide Line Sharing to DMJ 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 presumedto be acceptable
for shared-line deployment in accordance with FCC rules;(ii)Verizon must be
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 originatefrom a Verizon End Office Switch in the Wire Centerwhere the
Line Sharing arrangement is being requested;and (iv)the xDSL technology to be
89