20020517Application (Part A).pdf

venZ U28828AY17AMID:A
17933 N.W.Evergreen PkwyÂÑÜËÂjgjúRO.Box1100May15,2002 UTILiilE3 COMMISSION Beaverton,OR 97076
Ms.Jean D.Jewell NEW CA SEIdahoPublicUtilitiesCommission
472 W.Washington
Boise,Idaho 83720
Re:Interconnection Agreement between One EightyNetworks,Inc.and Verizon
Northwest Inc.
Dear Ms.Jewell:
Enclosed you will find for approval,an original plus three copies of a fully executed
interconnection agreement between One Eighty Networks,Inc.d/b/a One Eighty
Networks and Verizon Northwest Inc.f/k/a GTE Northwest Incorporated.
If you have any questions regarding this filing,please contact Renee Willer at
503/645-7909.
llan T.Thoms
)Vice President -Public Policy &External Affairs
ATT:ckw
c:Chad E.Skidmore -One EightyNetworks,Inc.
Missy Blankenship -Verizon
RECEIVED
FILEDNEWCASELeo ano
UTILITlESCOMMISSION
AGREEMENT
by and between
ONEEIGHTY NETWORKS,INC.D/B/A ONEEIGHTY NETWORKS
and
VERIZON NORTHWEST INC.,F/K/A GTE NORTHWEST INCORPORATED
FOR THE STATE OF
IDAHO
OneEighty ID Comp v2.3.doc
TABLE OF CONTENTS
A GREEMENT...................................................................................................................................1
1.The Agreement ............................................................................................................1
2.Term and Termination ................................................................................................1
3.Gloss a ry a nd At t a chment s.........................................................................................2
4.Applicable Law ............................................................................................................2
5.Assignment..................................................................................................................3
6.A ssur ance of Payment ...............................................................................................3
7.Audits ...........................................................................................................................4
8.Authorization ...............................................................................................................5
9.Billing and Payment;Disputed Amounts .................................................................5
10.Confidentiality .............................................................................................................6
11.Counterparts................................................................................................................8
1 2.Defa ult ..........................................................................................................................8
13.Discontinuance of Service by OneEighty.................................................................8
14.Dispute Resolution .....................................................................................................9
1 5.ForceM ajeure ..............................................................................................................9
1 6.Forecasts ...................................................................................................................1 0
17.Fraud ..........................................................................................................................10
18.Good Faith Performance ..........................................................................................10
19.He adi ngs ....................................................................................................................1 0
20.Indemnification..........................................................................................................10
2 1.I nsur a nce ...................................................................................................................1 2
22.Intellectual Property..................................................................................................13
23.Joint Work Product ...................................................................................................14
24.La wEnforcement ......................................................................................................1 4
25.Liability.......................................................................................................................14
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26.NetworkM a nagement ...............................................................................................1 5
27.Non-Exclusive Remedies .........................................................................................16
28 .Noti ceofNetworkCh a nges .....................................................................................1 6
29.Notices .......................................................................................................................16
30.Ordering and Maintenance .......................................................................................17
31.Performance Standards............................................................................................18
32.Point of Contact for OneEighty Customers............................................................18
33.Predecessor Agreements.........................................................................................18
34.Publicity and Use of Trademarks or Service Marks ..............................................19
35.Referen ces .................................................................................................................19
36.Re Iationsh i poftheP a rti es .......................................................................................19
37.Reserv a t ionofR ights ...............................................................................................20
38.Subcontractors..........................................................................................................20
39.Successors and Assigns..........................................................................................20
40.Survival ......................................................................................................................20
4 1 .Taxes ..........................................................................................................................2 1
42.Techno IogyUpgr a des ..............................................................................................2 3
43.Territory......................................................................................................................23
44.Thi rdP a rtyBenefic i ari es ..........................................................................................2 3
45.2 51 and 271 Requi rements .......................................................................................2 3
46.252(i)Obligations ......................................................................................................24
47.Use of Service............................................................................................................24
48.Waiver.........................................................................................................................24
49.Warranties..................................................................................................................24
50.Withdrawal of Services.............................................................................................24
SI GNATUREP AG E .......................................................................................................................26
G LOSSARY....................................................................................................................................27
1.General Rule ..............................................................................................................27
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2.Definitions..................................................................................................................27
ADDITIONAL SERVICES ATTACHMENT ....................................................................................40
1.Alternate Biliëd Calls ................................................................................................40
2.Dialing Parity -Section 251(b)(3).............................................................................40
3.Directory Assistance (DA)and Operator Services (OS).......................................40
4.Directory Listing and Directory Distribution..........................................................40
5.Voice Information Service Traffic............................................................................42
6.Intercept and Referral Announcements..................................................................43
7.Originating Line Number Screening (OLNS)..........................................................44
8.Operations Support Systems (OSS)Services........................................................44
9.Poles,Ducts,Conduits and Rights-of-Way............................................................50
1 0.TeiephoneNumbers..................................................................................................50
11.Routing for Operator Services and Directory Assistance Traffic........................51
INTERCONNECT10N ATTACHMENT...........................................................................................52
1.Genera I .......................................................................................................................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
12.Tandem Transit Traffic...........................................................................................69
13.Number Resources,Rate Center Areas and Routing Points..............................70
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14.Joint Network Implementationand 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 ...............................................................................................................77
1.General .......................................................................................................................77
2.Use of Verizon Telecommunications Services ......................................................77
3.Availability of Verizon Telecommunications Services..........................................78
4.Responsibility for Charges ......................................................................................78
5.Operations Matters ...................................................................................................78
6.Rates andCh a rges ....................................................................................................79
NETWORKELEMENTS ATTACHMENT ......................................................................................80
1 .Genera I .......................................................................................................................8 0
2.Verizon's Provision of Network Elements..............................................................81
3.LoopTr ansm iss i onTypes ........................................................................................82
4.Line Sharing...............................................................................................................88
5.Line Splitting..............................................................................................................95
6.Sub-Loop....................................................................................................................95
7.Ins i deW i re .................................................................................................................99
8.DarkF i ber.................................................................................................................1 00
9.Network Interface Device .......................................................................................103
10.Un bundled Switching Elements ............................................................................105
11.Unbu ndled Interoffice Facilities............................................................................106
12.Signaling Networks and Call-Related Databases .............................................106
13.Operations Support Systems.............................................................................108
14.Availability of Other Network Elements on an Unbundled Basis...................108
15.Maintenance of Network Elements....................................................................109
16.Combinations ......................................................................................................109
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1 7.Rates andCh a rges ..................................................................................................1 1 0
COLLOCAT10N ATTACHMEN1 .................................................................................................111
1.Verizon's Provision of Collocation........................................................................111
2.OneEighty's Provision of Collocation...................................................................147
911 ATTACHMENT......................................................................................................................148
1.911/E-911 Arrangements ........................................................................................148
2.E Ie ct ron i c Interf ace .................................................................................................1 48
3.91 1 I nterconnect i on ................................................................................................1 49
4.911 Facilities ............................................................................................................149
5.Local Number Portability for use with 911 ...........................................................149
6.PSA PCoord i n at i on .................................................................................................1 49
7.91 1 Compens atio n ..................................................................................................1 49
8.91 1 Rules andReguIa ti ons ....................................................................................1 49
PR IC I NG ATTACHMENT.............................................................................................................1 51
1.Genera I .....................................................................................................................1 51
2.Verizon Telecommunications Services Provided to OneEighty for Resale
Pursuant to the Resale Attachment ......................................................................151
3.OneEig htyPri ce s.....................................................................................................1 53
4.Section 271 ..............................................................................................................153
5.Regulatory Review of Prices..................................................................................153
IDAHO APPENDIX A TO THE PRICING ATTACHMENT ..........................................................154
APPENDIX A TO THE COLLOCATION ATTACHMENT............................................................170
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AGREEMENT
PREFACE
This Agreement ("Agreement")shall be deemed effective as of May 8,2002 (the "Effective Date"),
between OneEighty Networks,Inc.d/b/a OneEighty Networks ("OneEighty"),a corporation
organized under the laws of the State of Washington,with offices at 118 North Stevens,Spokane,
Washington 99201 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 OneEighty may be referred to hereinafter,each,individually as
a "Party",and,collectively,as the "Parties").
GENERAL TERMS AND CONDITIONS
In consideration of the mutual promises contained in this Agreement,and intendingto be legally
bound,pursuant to Section 252 of the Act,Verizon and OneEighty 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),conflitts among provisions in the Principal
Document,Tariffs,and an Order by a Party that has been accepted by the other
Party,shall be resolved in accordance with the following order of precedence,
where the document identified in subsection "(a)"shall have the highest
precedence:(a)the Principal Document;(b)the Tariffs;and,(c)an Order by a
Party that has been accepted by the other Party.The fact that a provision
appears in the Principal Document but not in a Tariff,or in a Tariff but not in the
Principal Document,shall not be interpreted as,or deemed grounds for finding,a
conflict for the purposes of this Section 1.2.
1.3 This Agreement constitutes the entire agreement between the Parties on the
subject matter hereof,and supersedes any prior or contemporaneous
agreement,understanding,or representation,on the subject matter hereof.
Except as otherwise provisioned in the Principal Document,the Principal
Document may not be waived or modified except by a written document that is
signed by the Parties.Subject to the requirements of Applicable Law,a Party
shall have the right to add,modify,or withdraw,its Tariff(s)at any time,without
the consent of,or notice to,the other Party.
2.Term and Termination
2.1 This Agreement shall be effective as of the Effective Date and,unless cancelled
or terminated earlier in accordance with the terms hereof,shall continue in effect
until May 7,2004 (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 OneEighty or Verizon may terminate this Agreement effective upon the
expiration of the Initial Term or effective upon any date after expiration of the
OneEighty ID Comp v2.3.doc 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 OneEighty or Verizon provides notice of termination pursuant to Section
2.2 and on or before the proposed date of termination either OneEighty or
Verizon has requested negotiation of a new interconnection agreement,unless
this Agreement is cancelled or terminated earlier in accordance with the terms
hereof (including,but not limited to,pursuantto Section 12),this Agreement shall
remain in effect until the earlier of:(a)the effective date of a new interconnection
agreement between OneEighty and Verizon;or,(b)the date one (1)year after
the proposed date of termination.
2.4 If either OneEighty or Verizon provides notice of termination pursuant to Section
2.2 and by 11:59 PM Eastern Time on the proposed date of termination neither
OneEighty nor Verizon has requested negotiation of a new interconnection
agreement,(a)this Agreement will terminate at 11:59 PM Eastern Time on the
proposed date of termination,and (b)the Services being provided under this
Agreement at the time of termination will be terminated,except to the extent that
the Purchasing Party has requested that such Services continue to be provided
pursuant to an applicable Tariff or Statement of Generally Available Terms
(SGAT).
3.Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
interconnectionAttachment
ResaleAttachment
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.AII disputes relating to
this Agreement shall be resolved through the application of such laws.
4.2 Each Party shall remain in compliance with Applicable Law in the course of
performing this Agreement.
4.3 Neither Party shall be liable for any delay or failure in performance by it that
results from requirements of Applicable Law,or acts or failures to act of any
governmental entity or official.
4.4 Each Party shall promptly notify the other Party in writing of any governmental
action that limits,suspends,cancels,withdraws,or otherwise materially affects,
the notifying Party's ability to perform its obligations under this Agreement.
4.5 If any provision of this Agreement shall be invalid or unenforceable under
Applicable Law,such invalidity or unenforceability shall not invalidate or render
unenforceable any other provision of this Agreement,and this Agreement shall
OneEighty ID Comp v2.3.doc 2
be construed as if it did not contain such invalid or unenforceable provision;
provided,that if the invalid or unenforceable provision is a material provision of
this Agreement,or the invalidity or unenforceability materiallyaffects the rights or
obligations of a Party hereunder or the ability of a Party to perform any material
provision óf this Agreement,the Parties shall promptly renegotiate in good faith
and amend in writing this Agreement in order to make such mutually acceptable
revisions to this Agreement as may be required in order to conform the
Agreement to Applicable Law.
4.6 If any legislative,regulatory,judicial or other governmental decision,order,
determination or action,or any change in Applicable Law,materially affects any
material provision of this Agreement,the rights or obligations of a Party
hereunder,or the ability of a Party to perform any material provision of this
Agreement,the Parties shall promptly renegotiate in good faith and amend in
writing this Agreement in order to make such mutually acceptable revisions to
this Agreement as may be required in order to conform the Agreement to
Applicable Law.
4.7 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 provided to OneEighty hereunder,then Verizon may discontinue the
provision of any such Service,payment or benefit,and OneEighty shall
reimburse Verizon for any payment previously made by Verizon to OneEighty
that was not required by Applicable Law.Verizon will providethirty (30)days
prior written notice to OneEighty of any such discontinuance of a Service,unless
a different notice period or different conditions are specified in this Agreement
(including,but not limited to,in an applicable Tariff)or Applicable Law for
termination of such Service in which event such specified period and/or
conditions shall apply.
5.Assignment
Neither Party may assign this Agreement or any right or interest under this Agreement,
nor delegate any obligation under this Agreement,without the prior written consent of the
other Party,which consent shall not be unreasonably withheld,conditioned or delayed.
Any attempted assignment or delegation in violation of this Section 5 shall be void and
ineffective and constitute default of this Agreement.
6.Assurance of Payment
6.1 Upon request by Verizon,OneEighty 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 OneEighty (a)
in Verizon's reasonable judgment,at the Effective Date or at any time thereafter,
does not have established credit with Verizon,(b)in Verizon's reasonable
judgment,at the Effective Date or at any time thereafter,is unable to
demonstrate that it is creditworthy,(c)fails to timely pay a bill rendered to
OneEighty by Verizon,or (d)admits its inability to pay its debts as such debts
become due,has commenced a voluntary case (or has had a case commenced
against it)under the U.S.Bankruptcy Code or any other law relating to
bankruptcy,insolvency,reorganization,winding-up,composition or adjustment of
debts or the like,has made an assignment for the benefit of creditors or is
subject to a receivership or similar proceeding.
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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 Services to be
provided by Verizon to OneEighty in connection with this Agreement.
6.4 To the extent that Verizon elects to require a cash deposit,the Parties intend that
the provision of such deposit shall constitute the grant of a security interest in the
deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any
relevant jurisdiction.
6.5 If payment of interest on a cash deposit is required by an applicable Verizon
Tariff or by Applicable Law,interest will be paid on any such cash deposit held by
Verizon at the higher of the interest rate stated in such Tariff or the interest rate
required by Applicable Law.
6.6 Verizon may (but is not obligated to)draw on the letter of credit or cash deposit,
as applicable,upon notice to OneEighty in respect of any amounts to be paid by
OneEighty 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,
OneEighty shall provide a replacement or supplemental letter of credit or cash
deposit conforming to the requirements of Section 6.2.
6.8 Notwithstandinganything else set forth in this Agreement,if Verizon makes a
request for assurance of payment in accordance with the terms of this Section,
then Verizon shall have no obligation thereafter to perform under this Agreement
until such time as OneEighty 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 OneEighty 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 modification of
the terms herein pertaining to the discontinuance of Services for nonpayment of
any amounts payment of which is required by this Agreement.
7.Audits
7.1 Except as may be otherwise specifically provided in this Agreement,either Party
("Auditing Party")may audit the other Party's ("Audited Party")books,records.
documents,facilities and systems for the purpose of 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 inaccuracies in billing in favo<
of the Audited Party having an aggregate value of at least $1,000,000.
7.2 The audit shall be performed by independent certified public accountants
selected and paid by the Auditing Party.The accountants shall be reasonably
acceptable to the Audited Party.Prior to commencing the audit,the accounta
shall execute an agreement with the Audited Party in a form reasonably
OneEighty ID Comp v2.3.doc 4
acceptableto 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 si×ty (60)days after the
Auditing Party has given notice of the audit to the Audited Party.
7.3 Each Party shall cooperate fully in any such audit,providing reasonable access
to any and all employees,books,records,documents,facilities and systems,
reasonably necessary to assess the accuracy of the Audited Party's bills.
7.4 Audits shall be performed at the Auditing Party's expense,provided that there
shall be no charge for reasonable access to the Audited Party's employees,
books,records,documents,facilities and systems necessary to assess the
accuracy of the Audited Party's bills.
8.Authorization
8.1 Verizon represents and warrants that it is a corporation duly organized,validly
existing and in good standing under the laws of the State of Washington and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.2 OneEighty represents and warrants that it is a corporation duly organized,validly
existing and in good standing under the laws of the State of Washington,and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.3 OneEiqhty Certification.
Notwithstandingany other provision of this Agreement,Verizon shall have no
obligation to perform under this Agreement until such time as OneEighty has
obtained such FCC and Commission authorization as may be required by
Applicable Law for conducting business in Idaho.OneEighty shall not place any
orders underthis Agreement until it has obtained such authorization.OneEighty
shall provide proof of such authorization to Verizon upon request.
9.Billing and Payment;Disputed Amounts
9.1 Except as otherwise provided in this Agreement,each Party shall submit to the
other Party on a monthly basis in an itemized form,statement(s)of charges
incurred by the other Party under this Agreement.
9.2 Except as otherwise provided in this Agreement,payment of amounts billed for
Services provided under this Agreement,whether billed on a monthly basis or as
otherwise provided in this Agreement,shall be due,in immediately available U.S.
funds,on the later of the following dates (the "Due Date"):(a)the due date
specified on the billing Party's statement;or (b)twenty (20)days after the date
the statement is received by the billed Party.Payments shall be transmitted by
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
billing Party of the amounts it disputes ("Disputed Amounts")and include in such
notice the specific details and reasons for disputing each item.A Party may also
dispute prospectively with a single notice a class of charges that it disputes.
Notice of a dispute may be given by a Party at any time,either before or after an
amount is paid,and a Party s payment of an amount shall not constitute a waiver
OneEighty ID Comp v2.3.doc 5
of such Party's right to subsequently dispute its obligation to pay such amount or
to seek a refund of any amount paid.The billed Party shall pay by the Due Date
all undisputed amounts.Billing disputes shall be subject to the terms of Section
14,Dispute Resolution.
9.4 Charges due to the billing Party that are not paid by the Due Date,shall be
subject to a late payment charge.The late payment charge shall be in an
amount specified by the billing Party which shall not exceed a rate of one-and-
one-half percent (1.5%)of the overdue amount (including any unpaid previously
billed late payment charges)per month.
9.5 Although it is the intent of both Parties to submit timely statements of charges,
failure by either Party to present statements to the other Party in a timely manner
shall not constitute a breach or default,or a waiver of the right to payment of the
incurred charges,by the billing Party under this Agreement,and,except for
assertion of a provision of Applicable Law that limits the period in which a suit or
other proceeding can be brought before a court or other governmental entity of
appropriate jurisdiction to collect amounts due,the billed Party shall not be
entitled to dispute the billing Party's statement(s)based on the billing Party's
failure to submit them in a timely fashion.
10.Confidentiality
10.1 As used in this Section 10,"Confidential Information"means the following
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 pursuantto 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 communicated orally or visually and declared to
the Receiving Party at the time of disclosure,and by written notice with
a statement of the information given to the Receiving Party within ten
(10)days after disclosure,to be "Confidential or "Proprietary".
Notwithstanding any other provision of this Agreement,a Party shall have the
right to refuse to accept receipt of information which the other Party has identified
as Confidential Information pursuant to Sections 10.1.5 or 10.1.6.
10.2 Except as otherwise provided in this Agreement,the Receiving Party shall:
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10.2.1 use the Confidential Information received from the Disclosing Party only
in performance of this Agreement;and
10.2.2 using the same degree of care that it uses with similar confidential
information of its own (but in no case a degree of care that is less than
commercially reasonable),hold Confidential Information receivedfrom
the Disclosing Party in confidence and restrict disclosure of the
Confidential Information solely to those of the Receiving Party's
Affiliates and the directors,officers,employees,Agents and
contractors of the Receiving Party and the Receiving Party's Affiliates,
that have a need to receive such Confidential Information in order to
perform the Receiving Party's obligations under this Agreement.The
Receiving Party's Affiliates and the directors,officers,employees,
Agents and contractors of the Receiving Party and the Receiving
Party's Affiliates,shall be required by the Receiving Party to comply
with the provisions of this Section 10 in the same manner as the
Receiving Party.The Receiving Party shall be liable for any failure of
the Receiving Party's Affiliates or the directors,officers,employees,
Agents or contractors of the Receiving Party or the Receiving Party's
Affiliates,to comply with the provisions of this Section 10.
10.3 The Receiving Party shall return or destroy all Confidential Information received
from the Disclosing Party,including any copies made by the Receiving Party,
within thirty (30)days after a written request by the Disclosing Party is delivered
to the Receiving Party,except for (a)Confidential Information that the Receiving
Party reasonably requires to perform its obligations under this Agreement,and
(b)one copy for archival purposes only.
10.4 Unless otherwise agreed,the obligations of Sections 10.2 and 10.3 do not apply
to information that:
10.4.1 was,at the time of receipt,already in the possession of or known to the
Receiving Party free of any obligation of confidentiality and restriction
on use;
10.4.2 is or becomes publicly available or known through no wrongful act of the
Receiving Party,the Receiving Party's Affiliates,or the directors,
officers,employees,Agents or contractors of the Receiving Party or
the Receiving Party's Affiliates;
10.4.3 is rightfully receivedfrom a third person having no direct or indirect
obligation of confidentiality or restriction on use to the Disclosing Party
with respect to such information;
10.4.4 is independently developed by the Receiving Party;
10.4.5 is approved for disclosure or use by written authorization of the
Disclosing Party (including,but not limited to,in this Agreement);or
10.4.6 is required to be disclosed by the Receiving Party pursuant to Applicable
Law,provided that the Receiving Party shall have made commercially
reasonable efforts to give adequate notice of the requirement to the
Disclosing Party in order to enable the Disclosing Party to seek
protective arrangements.
10.5 Notwithstandingthe provisions of Sections 10.1 through 10.4,the Receiving
Party may use and disclose Confidential Information received from the Disclosing
OneEighty ID Comp v2.3.doc 7
Party to the extent necessary to enforce the Receiving Party's rights under this
Agreement or Applicable Law.In making any such disclosure,the Receiving
Party shall make reasonable efforts to preserve the confidentiality and restrict the
use of the Confidential Informationwhile it is in the possession of any person to
whom it is'disclosed,including,but not limited to,by requesting any
governmental entity to whom the Confidential Information is disclosed to treat it
as confidential and restrict its use to purposes related to the proceeding pending
before it.
10.6 The Disclosing Party shall retain all of the Disclosing Party's right,title and
interest in any Confidential Information disclosed by the Disclosing Party to the
Receiving Party.Except as otherwise expressly provided in this Agreement,no
license is granted by this Agreement with respect to any Confidential Information
(including,but not limited to,under any patent,trademark or copyright),nor is
any such license to be implied solely by virtue of the disclosure of Confidential
Information.
10.7 The provisions of this Section 10 shall be in addition to and not in derogation of
any provisions of Applicable Law,including,but not limited to,47 U.S.C.§222,
and are not intended to constitute a waiver by a Party of any right with regardto
the use,or protection of the confidentiality of,CPNI provided by Applicable Law.
10.8 Each Party's obligations under this Section 10 shall survive expiration,
cancellation or termination of this Agreement.
11.Counterparts
This Agreement may be executed in two or more counterparts,each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
12.Default ·
If either Party ("Defaulting Party")fails to make a payment required by this Agreement
(including,but not limited to,any payment required by Section 9.3 of undisputed amounts
to the billing Party)or materially breaches any other material provision of this Agreement,
and such failure or breach continues for thirty (30)days after written notice thereof from
the other Party,the other Party may,by written notice to the Defaulting Party,(a)
suspend the provision of any or all Services hereunder,or (b)cancel this Agreement and
terminate the provision of all Services hereunder.
13.Discontinuance of Service by OneEighty
13.1 If OneEighty proposes to discontinue,or actually discontinues,its provision of
service to all or substantially all of its Customers,whether voluntarily,as a result
of bankruptcy,or for any other reason,OneEighty shall send written notice of
such discontinuance to Verizon,the Commission,and each of OneEighty's
Customers.OneEighty shall provide such notice such number of days in
advance of discontinuance of its service as shall be required by Applicable Law
Unless the period for advance notice of discontinuance of service required by
Applicable Law is more than thirty (30)days,to the extent commercially feasible
OneEighty shall send such notice at least thirty (30)days prior to its
discontinuance of service.
13.2 Such notice must advise each OneEighty Customer that unless action is taken by
the OneEighty Customer to switch to a different carrier prior to OneEighty's
OneEighty ID Comp v2.3.doc 8
proposed discontinuance of service,the OneEighty Customer will be without the
service provided by OneEighty to the OneEighty Customer.
13.3 Should a OneEighty Customer subsequently become a Verizon Customer,
OneEighty shall provide Verizon with all information necessary for Verizon to
establish service for the OneEighty Customer,including,but not limited to,the
OneEighty Customer's billed name,listed name,service address,and billing
address,and the services being provided to the OneEighty Customer.
13.4 Nothing in this Section 13 shall limit Verizon's right to cancel or terminate this
Agreement or suspend provision of Services under this Agreement.
14.Dispute Resolution
14.1 Except as otherwise provided in this Agreement,any dispute between the Parties
regardingthe interpretation or enforcement of this Agreement or any of its terms
shall be addressed by good faith negotiation between the Parties.To initiate
such negotiation,a Party must provide to the other Party written notice of the
dispute that includes both a detailed description of the dispute or alleged
nonperformance and the name of an individual who will serve as the initiating
Party's representative in the negotiation.The other Party shall have ten
Business Days to designate its own representative in the negotiation.The
Parties'representatives shall meet at least once within 45 days after the date of
the initiating Party's written notice in an attempt to reach a good faith resolution
of the dispute.Upon agreement,the Parties'representatives may utilize other
alternative dispute resolution procedures such as private mediation to assist in
the negotiations.
14.2 If the Parties have been unable to resolve the dispute within 45 days of the date
of the initiating Party's written notice,either Party may pursue any remedies
available to it under this Agreement,at law,in equity,or otherwise,including,but
not limited to,instituting an appropriate proceeding before the Commission,the
FCC,or a court of competent jurisdiction.
15.Force Majeure
15.1 Neither Party shall be responsible for any delay or failure in performance which
results from causes beyond its reasonable control ("Force Majeure Events"),
whether or not foreseeable by such Party.Such Force Majeure Events include,
but are not limited to,adverse weather conditions,flood,fire,explosion,
earthquake,volcanic action,power failure,embargo,boycott,war,revolution,civ i
commotion,act of public enemies,labor unrest (including,but not limited to,
strikes,work stoppages,slowdowns,picketing or boycotts),inability to obtain
equipment,parts,software or repairs thereof,acts or omissions of the other
Party,and acts of God.
15.2 If a Force Majeure Event occurs,the non-performing Party shall give prompt
notification of its inability to perform to the other Party.During the period that me
non-performing Party is unable to perform,the other Party shall also be excused
from performance of its obligations to the extent such obligations are reciprocal
to,or depend upon,the performance of the non-performing Party that has been
prevented by the Force Majeure Event.The non-performing Party shall use
commercially reasonable efforts to avoid or remove the cause(s)of its non-
performance and both Parties shall proceed to perform once the cause(s)are
removed or cease.
OneEighty ID Comp v2.3.doc 9
15.3 Notwithstanding the provisions of Sections 15.1 and 15.2,in no case shall a
Force Majeure Event excuse either Party from an obligation to pay money as
required by this Agreement.
15.4 Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Party,in its sole discretion,
determines appropriate.
16.Forecasts
In addition to any other forecasts required by this Agreement,upon request by Verizon,
OneEighty shall provide to Verizon forecasts regarding the Services that OneEighty
expects to purchase from Verizon,including,but not limited to,forecasts regarding the
types and volumes of Services that OneEighty expects to purchase and the locations
where such Services will be purchased.
17.Fraud
OneEighty assumes responsibility for all fraud associated with its Customers and
accounts.Verizon shall bear no responsibility for,and shall have no obligation to
investigate or make adjustments to OneEighty's account in cases of,fraud by
OneEighty's Customers or other third parties.
18.Good Faith Performance
The Parties shall act in good faith in their performance of this Agreement.Except as
otherwise expressly stated in this Agreement (including,but not limited to,where
consent,approval,agreement or a similar action is stated to be within a Party's sole
discretion),where consent,approval,mutual agreement or a similar action is required by
any provision of this Agreement,such action shall not be unreasonably withheld,
conditioned or delayed.
19.Headings
The headings used in the Principal Document are inserted for convenienceof 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,
damage,destruction or loss,was proximately caused by the grossly negligent or
intentionally wrongful acts or omissions of the Indemnifying Party,the
Indemnifying Party's Affiliates,or the directors,officers,employees,Agents or
contractors (excluding the Indemnified Party)of the Indemnifying Party or the
Indemnifying Party's Affiliates,in connection with this Agreement.
20.2 Indemnification Process.
20.2.1 As used in this Section 20,"Indemnified Person"means a person whom
an Indemnifying Party is obligated to indemnify,defend and/or hold
harmless under Section 20.1.
OneEighty ID Comp v2.3.doc 10
20.2.2 An Indemnifying Party's obligations under Section 20.1 shall be
conditioned upon the following:
20.2.3 The Indemnified Person:(a)shall give the IndemnifyingParty notice of
the Claim promptly after 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 procedureto be followed in defending,
settling,or compromising the Claim;(c)shall not consentto any
settlement or compromise of a Third Party Claim without the written
consent of the Indemnifying Party;(d)shall permit the Indemnifying
Party to assume the defense of a Third Party Claim (including,except
as provided below,the compromise or settlement thereof)at the
Indemnifying Party's own cost and expense,provided,however,that
the Indemnified Person shall have the right to approve the
Indemnifying Party's choice of legal counsel.
20.2.4 If the Indemnified Person fails to comply with Section 20.2.3 with respect
to a Claim,to the extent such failure shall have a materialadverse
effect upon the Indemnifying Party,the Indemnifying Party shall be
relieved of its obligation to indemnify,defend and hold harmless the
Indemnified Person with respect to such Claim underthis Agreement.
20.2.5 Subjectto 20.2.6 and 20.2.7,below,the Indemnifying Party shall have
the authority to defend and settle any Third Party Claim.
20.2.6 With respect to any Third Party Claim,the Indemnified Person shall be
entitled to participate with the Indemnifying Party in the defense of the
Claim if the Claim requests equitable relief or other relief that could
affect the rights of the Indemnified Person.In so participating,the
Indemnified Person shall be entitled to employ separate counsel for the
defense at the Indemnified Person's expense.The Indemnified Person
shall also be entitled to participate,at its own expense,in the defense
of any Claim,as to any portion of the Claim as to which it is not entitled
to be indemnified,defended and held harmless by the Indemnifying
Party.
20.2.7 In no event shall the Indemnifying Party settle a Third Party Claim or
consent to any judgment with regard to a Third Party Claim without the
prior written consent of the Indemnified Party,which shall not be
unreasonably withheld,conditioned or delayed.In the event the
settlement or judgment requires a contribution from or affects the rights
of an Indemnified Person,the Indemnified Person shall have the right
to refuse such settlement or judgment with respect to itself and,at its
own cost and expense,take over the defense against the Third Party
Claim,providedthat in such event the Indemnifying Party shall not be
responsible for,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.
OneEighty ID Comp v2.3.doc 11
20.2.9 The Indemnifying Party and the Indemnified Person shall offer each
other all reasonable cooperation and assistance in the defense of any
Third Party Claim.
20.3 Each Party agrees that it will not implead or bring any action against the other
Party,the other Party's Affiliates,or any of the directors,officers or employees of
the other Party or the other Party's Affiliates,based on any claim by any person
for personal injury or death that occurs in the course or scope of employmentof
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.
2L Insurance
21.1 OneEighty shall maintain during the term of this Agreement and for a period of
two years thereafter all insurance and/or bonds requiredto satisfy its obligations
under this 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 obtained from an insurer having an A.M.
Best insurance rating of at least A-,financial size category Vil or greater.At a
minimum and without limiting the foregoing undertaking,OneEighty shall
maintain the following insurance:
21.1.1 Commercial General Liability Insurance,on an occurrence basis,
including but not limited to,premises-operations,broad form property
damage,products/completed operations,contractual liability,
independent contractors,and personal injury,with limits of at least
$2,000,000 combined single limit for each occurrence.
21.1.2 Commercial Motor Vehicle Liability Insurance covering all owned,hired
and non-owned vehicles,with limits of at least $2,000,000 combined
single limit for each occurrence.
21.1.3 Excess Liability Insurance,in the umbrella form,with limits of at least
$10,000,000 combined single limit for each occurrence.
21.1.4 Worker's Compensation Insurance as required by Applicable Law and
Employer's Liability Insurance with limits of not less than $2,000,000
per occurrence.
21.1.5 All risk property insurance on a full replacement cost basis for all of
OneEighty's real and personal property located at any Collocation site
or otherwise located on or in any Verizon premises (whether owned,
leased or otherwise occupied by Verizon),facility,equipment or right-
of-way.
21.2 Any deductibles,self-insured retentions or loss limits ("Retentions")for the
foregoing insurance must be disclosed on the certificates of insurance to be
provided to 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 OneEighty.
21.3 OneEighty shall name Verizon and Verizon's Affiliates as additional insureds on
the foregoing liability insurance.
OneEighty ID Comp v2.3.doc 12
21.4 OneEighty shall,within two (2)weeks of the Effective Date hereof at the time of
each renewal of,or material change in,OneEighty 's insurance policies,and at
such other times as Verizon may reasonably specify,furnish certificates or other
proof of the foregoing insurance reasonably acceptable to Verizon.The
certificates or other proof of the foregoing insuranceshall be sent to:Director -
Contract Performance &Administration,Verizon Wholesale Markets,600 Hidden
Ridge,HQEWMNOTICES,Irving.TX 75038.
21.5 OneEighty shall require its contractors,if any,that may enter upon the premises
or access the facilities or equipment of Verizon or Verizon's affiliates to maintain
insurance in accordance with Sections 21.1 through 21.3 and,if requested,to
furnish Verizon certificates or other adequate proof of such insurance acceptable
to Verizon in accordance with Section 21.4
21.6 If OneEighty or OneEighty's contractors fail to maintain insurance as required in
Sections 21.1 through 21.5,above,Verizon may (but shall not be obligated to)
purchase such insurance and OneEighty shall reimburse Verizon for the cost of
the insurance.
21.7 Certificatesfurnished by OneEighty or OneEighty's contractors shall contain a
clause stating:"Verizon Northwest Inc.,f/k/a GTE Northwest Incorporatedshall
be notified in writing at least thirty (30)days prior to cancellation of,or any
material change in,the insurance."
22.Intellectual Property
22.1 Except as expressly stated in this Agreement,this Agreement shall not be
construed as granting a license with respect to any patent,copyright,trade
name,trademark,service mark,trade secret or any other intellectual property,
now or 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°otherintellectual
property right,of the other Party except in accordance with the terms of a
separate license agreement between the Parties granting such rights.
22.2 Except as stated in Section 22.4,neither Party shall have any obligation to
defend,indemnify or hold harmless,or acquire any license or right for the benefit
of,or owe any other obligation or have any liability to,the other Party or its
Affiliates or Customers based on or arising from any Third Party Claim alleging or
asserting that the provision or use of any service,facility,arrangement,or
software by either Party under this Agreement,or the performance of any service
or method,either alone or in combination with the other Party,constitutes direct.
vicarious or contributory infringement or inducement to infringe,or misuse or
misappropriation of any patent,copyright,trademark,trade secret,or any other
proprietary or intellectual property right of any Party or third person.Each Party,
however,shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
22.3 NOTWITHSTANDINGANY OTHER PROVISION OF THIS AGREEMENT,THE
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 PROVIDED UNDER
THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT
MISUSE,OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY
RIGHT.
OneEighty ID Comp v2.3.doc 13
22.4 OneEighty agrees that the Services provided by Verizon hereunder shall be
subject to the terms,conditions and restrictions contained in any applicable
agreements (including,but not limited to software or other intellectual property
license agreements)between Verizon and Verizon's vendors.Verizon agrees to
advise OrieEighty,directly or through a third party,of any such terms,conditions
or restrictions that may limit any OneEighty use of a Service provided by Verizon
that is otherwise permitted by this Agreement.At OneEighty'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 OneEighty to use the Service in the same manner as Verizon
that are coextensive with Verizon's intellectual property rights,on terms and
conditionsthat are equal in quality to the terms and conditions under which
Verizon has obtained Verizon's intellectual property rights.OneEighty shall
reimburse Verizon for the cost of obtaining such rights.
23.Joint Work Product
The Principal Document is the joint work product of the Parties,has been negotiated by
the Parties,and shall be fairly interpreted in accordance with its terms.In the event of
any ambiguities,no inferences shall be drawn against either Party.
24.Law Enforcement
24.1 Each Party may cooperate with law enforcement authorities and national security
authorities to the full extent required or permitted by Applicable Law in matters
related to Services provided by it under this Agreement,including,but not limited
to,the production of records,the establishment of new lines or the installation of
new services on an existing line in order to support law enforcement and/or
national security operations,and,the installation of wiretaps,trap-and-trace
facilities and equipment,and dialed number recording facilities and equipment.
24.2 A Party shall not have the obligation to inform the other Party or the Customers
of the other Party of actions taken in cooperating with law enforcement or
national security authorities,except to the extent required by Applicable Law.
24.3 Where a law enforcement or national security request relates to the
establishment of lines (including,but not limited to,lines established to support
interception of communications on other lines),or the installation of other
services,facilities or arrangements,a Party may act to prevent the other Party
from obtaining access to information concerning such lines,services,facilities
and arrangements,through operations support system interfaces.
25.Liability
25.1 As used in this Section 25,"Service Failure"means a failure to comply with a
direction to install,restore or terminate Services under this Agreement,a failure
to provide Services under this Agreement,and failures,mistakes,omissions,
interruptions,delays,errors,defects or the like,occurring in the course of the
provision of any Services under this Agreement.
25.2 Except as otherwise stated in Section 25.5,the liability,if any,of a Party,a
Party's Affiliates,and the directors,officers and employees of a Party and a
Party's Affiliates,to the other Party,the other Party's Customers,and to any
other person,for Claims arising out of a Service Failure shall not exceed an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure occurs
OneEighty ID Comp v2.3.doc 14
25.3 Except as otherwise stated in Section 25.5,a Party,a Party's Affiliates,and the
directors,officers and employees of a Party and a Party's Affiliates,shall not be
liable to the other Party,the other Party's Customers,or to any other person,in
connection with this Agreement (including,but not limited to,in connection with a
Service Fáilure or any breach,delay or failure in performance,of this Agreement)
for special,indirect,incidental,consequential,reliance,exemplary,punitive,or
like damages,including,but not limited to,damagesfor 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
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.OneEighty and Verizon will
exchange appropriate information (e.g.,network information,maintenance
contact numbers,escalation procedures,and information required to comply with
requirements of law enforcement and national security agencies)to achieve this
OneEighty ID Comp v2.3.doc 15
desired reliability.In addition,the Parties will work cooperatively in a
commercially reasonable manner to apply sound network management principles
to alleviate or to prevent traffic congestion and subject to Section 17,to minimize
fraud associated with third number billed calls,calling card calls,and other
services related to this Agreement.
26.2 Responsibilityfor Followinq Standards.Each Party recognizes a responsibilityto
follow the standards that may be agreed to between the Parties and to employ
characteristics and methods of operation that will not interfere with or impair the
service,network or facilities of the other Party or any third parties connected with
or involved directly in the network or facilities of the other.
26.3 Interference or Impairment.If a Party ("Impaired Party")reasonably determines
that the services,network,facilities,or methods of operation,of the other Party
("Interfering Party")will or are likely to interfere with or impair the Impaired Party's
provision of services or the operation of the Impaired Party's network or facilities,
the Impaired Party may interrupt or suspend any Service provided to the
Interfering Party to the extent necessary to prevent such interference or
impairment,subject to the following:
26.3.1 Except in emergency situations (e.g.,situations 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
interference or impairment and the need to correct the condition within
said time period;and,
26.3.2 Upon correction of the interference or impairment,the Impaired Party will
promptly restore the interrupted or suspended Service.The Impaired
Party shall not be obligated to provide an out-of-service credit
allowance or other compensation to the Interfering Party in connection
with the suspended Service.
26.4 Outaqe Repair Standard.In the event of an outage or trouble in any Service
being provided by a Party hereunder,the Providing Party will follow Verizon's
standard procedures for isolating and clearing the outage or trouble.
27.Non-Exclusive Remedies
Except as otherwise expressly provided in this Agreement,each of the remedies
provided under this Agreement is cumulative and is in addition to any other remedies that
may be available under this Agreement or at law or in equity.
28.Notice of Network Changes
If a Party makes a change in the information necessary for the transmission and routing
of services using that Party's facilities or network,or any other change in its facilities or
network that will materially affect the interoperability of its facilities or network with the
other Party's facilities or network,the Party making the change shall publish notice of the
change at least ninety (90)days in advance of such change,and shall use reasonable
efforts,as commercially practicable,to publish such notice at least one hundred eighty
(180)days in advance of the change;provided,however,that if an earlier publication of
notice of a change is required by Applicable Law (including,but not limited to,47 CFR
51.325 through 51.335)notice shall be given at the time required by Applicable Law.
29.Notices
OneEighty ID Comp v2.3.doc 16
29.1 Except as otherwise provided in this Agreement,notices given by one Party to
the other Party under this Agreement:
29.1.1 shall be in writing;
29.1.2 shall be delivered (a)personally,(b)by express delivery service with
next Business Day delivery,(c)by First Class,certified or registered
U.S.mail,postage prepaid,or (d)by facsimile telecopy,with a copy
delivered in accordance with (a),(b)or (c),preceding;and
29.1.3 shall be delivered to the following addresses of the Parties:
To OneEighty:
Molly O'Leary
Richardson &O'Leary
PO Box 1849
99 East State Street
Boise,Idaho 83616
Telephone Number:[phone]
Facsimile Number:[phone]
Internet Address:[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]
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
OneEighty ID Comp v2.3.doc 17
OneEighty shall use Verizon's electronic Operations Support System access platforms to
submit Orders and requests for maintenance and repair of Services,and to engage in
other pre-ordering,ordering,provisioning,maintenance and repair transactions.If
Verizon has not yet deployed an electronic capability for OneEighty to perform a pre-
ordering,ordering,provisioning,maintenance or repair,transaction offered by Verizon,
OneEighty shall use such other processes as Verizon has made available for performing
such transaction (including,but not limited,to submission of Orders by telephonic
facsimile transmission and placing trouble reports by voice telephone transmission).
31.Performance Standards
31.1 Verizon shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law,including,but not limited to,
Section 251(c)of the Act.
31.2 To the extent required by Appendix D,Section V,"Carrier-to-Carrier Performance
Plan (Including Performance Measurements),"and Appendix D,Attachment A,
"Carrier-to-Carrier Performance Assurance Plan,"of the Merger Order,Verizon
shall provide performance measurement results to OneEighty.
31.3 OneEighty shall provide Services under this Agreement in accordance with the
performancestandards required by Applicable Law.
32.Point of Contact for OneEighty Customers
32.1 OneEighty shall establish telephone numbers and mailing addresses at which
OneEighty Customers may communicate with OneEighty and shall advise
OneEighty 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 OneEighty customer,including,
but not limited to,a OneEighty Customer request for repair or mamtenance of a
Verizon Service provided to OneEighty.
33.Predecessor Agreements
33.1 Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties:
33.1.1 any prior interconnection or resale agreement between the Parties for
the State of Idaho pursuant to Section 252 of the Act and in effect
immediately prior to the Effective Date is hereby terminated;and
33.1.2 any Services that were purchased by one Party from the other Party
under a prior interconnection or resale agreement betweenthe Parties
for the State of Idaho pursuant to Section 252 of the Act and in effect
immediately prior to the Effective Date,shall as of the Effective Date
be subject to and purchased under this Agreement.
33.2 Except as otherwise agreed in writing by the Parties,if a Service purchased by a
Party under a prior interconnection or resale agreement between the Parties
pursuant to Section 252 of the Act was subject to a contractual commitment that
it would be purchased for a period of longer than one month,and such period
had not yet expired as of the Effective Date and the Service had not been
terminated prior to the Effective Date,to the extent not inconsistent with this
Agreement,such commitment shall remain in effect and the Service will be
purchased under this Agreement;provided,that if this Agreement would
OneEighty ID Comp v2.3.doc 18
materially alter the terms of the commitment,either Party make elect to cancel
the commitment.
33.3 If either Party elects to cancel the commitment pursuant to the proviso in Section
33.2,the Purchasing Party shall not be liable for any termination charge that
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 purchase the
Service only until the time that the commitment was cancelled.
34.Publicity and Use of Trademarks or Service Marks
34.1 A Party,its Affiliates,and their respective contractors and Agents,shall not use
the other Party's trademarks,service marks,logos or other 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 affiliation with or sponsorship or
endorsement of it or its services or products by the other Party.
34.3 Any violation of this Section 34 shall be considered a material breach of this
Agreement.
35.References
35.1 All references to Sections,Appendices and Exhibits shall be deemed to be
references to Sections,Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
35.2 Unless the context shall otherwise require,any reference to a Tariff,agreement,
technical or other document (including Verizon or third party guides,practices or
handbooks),or provision of Applicable Law,is to such Tariff,agreement,
document,or provision of Applicable Law,as amended and supplemented from
time to time (and,in the case of a Tariff or provision of Applicable Law,to any
successor Tariff or provision).
36.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
relationship betweenthe Parties.
36.2 Nothing contained in this Agreement shall make either Party the employee of the
other,create a partnership,joint venture,or other similar relationship between
the Parties,or grant to either Party a franchise,distributorship or similar interest
36.3 Except for provisions herein expressly authorizing a Party to act for another
Party,nothing in this Agreement shall constitute a Party as a legal representative
or Agent of the other Party,nor shall a Party have the right or authority to
assume,create or incur any liability or any obligation of any kind,express or
implied,against,in the name or on behalf of the other Party unless otherwise
expressly permitted by such other Party in writing,which permission may be
granted or withheld by the other Party in its sole discretion.
OneEighty ID Comp v2.3.doc 19
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 conjunction with its
employees,Agents and contractors,and for withholding and remitting to the
applicable taxing authorities any taxes that it is required by Applicable Law to
collect from its employees.
36.5 Except as otherwise expressly provided in this Agreement,no Party undertakes
to perform any obligation of the other Party,whether regulatory or contractual,or
to assume any responsibilityfor the management of the other Party's business.
36.6 The relationship of the Parties under this Agreement is a non-exclusive
relationship.
37.Reservation of Rights
37.1 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 Agreement and any provision
of this Agreement;(c)to seek changes in this Agreement (including,but not
limited to,changes in rates,charges and the Services that must be offered)
through changes in Applicable Law;and,(d)to challenge the lawfulness and
propriety of,and to seek to change,any Applicable Law,including,but not limited
to any rule,regulation,order or decision of the Commission,the FCC,or a court
of applicable jurisdiction.Nothing in this Agreement shall be deemed to limit or
prejudice any position a Party has taken or may take before the Commission,the
FCC,any other state or federal regulatory or legislative bodies,courts of
applicable jurisdiction,or industryfora.The provisions of this Section shall
survive the expiration,cancellation or termination of this Agreement.
37.2 OneEighty acknowledges OneEighty has been advised by Verizon that it is
Verizon's position that:
37.2.1 This Agreement contains certain provisions which are intended to reflect
Applicable Law and Commission and/or FCC arbitration decisions;and
37.2.2 For the purposes of Appendix D,Sections 31 and 32,of the Merger
Order,such provisions shall not be deemed to have been voluntarily
negotiated or agreed to by Verizon and shall not be available to
carriers pursuant to Appendix D,Sections 31 and 32 of the Merger
Order.
38.Subcontractors
A Party may use a contractor of the Party (including,but not limited to,an Affiliate of the
Party)to perform the Party's obligations under this Agreement;provided,that a Party's
use of a contractor shall not release the Party from any duty or liability to fulfill the Party's
obligations under this Agreement.
39.Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective legal successors and permitted assigns.
40.Survival
OneEighty ID Comp v2.3.doc 20
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 not1imited to,Section 20),or limitation or exclusion of liability (including,
but not limited to,Section 25),and the rights,liabilities and obligations of a Party under
any provision of this Agreement which by its terms or nature is intended to continue
beyond or to be performed after the expiration,cancellation or termination of this
Agreement,shall survive the expiration,cancellation or termination of this Agreement.
41.Taxes
41.1 In General.With respect to any purchase 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,
distributor,telephone company,local exchange carrier,telecommunications
company or other communications company ("Telecommunications Company"),
such exclusion being based solely on the fact that the Purchasing Party is also
subject to a tax based upon receipts ("ReceiptsTax"),then the Purchasing Party
(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 required to impose and/or collect from a
Subscriber,then the Purchasing Party (a)shall be required to impose and/or
collect such Tax from the Subscriber and (b)shall timely remit such Tax to the
applicable taxing authority.
41.4 Liability for Uncollected Tax,Interest and Penalty.If the Providing Party has not
received an exemption certificate from the Purchasing Party and the Providing
Party fails to bill the Purchasing Party for any Tax as required by Section 41.1,
then,as betweenthe Providing Party and the Purchasing Party,(a)the
Purchasing Party shall remain liable for such unbilled Tax and (b)the Providing
Party shall be liable for any interest assessed thereon and any penalty assessed
with respect to such unbilled Tax by such authority.If the Providing Party
properly bills the Purchasing Party for any Tax but the Purchasing Party fails to
remit such Tax to the Providing Party as required by Section 41.1,then,as
between the Providing Party and the Purchasing Party,the Purchasing Party
shall be liable for such uncollected Tax and any interest assessed thereon,as
well as any penalty assessed with respect to such uncollected Tax by the
applicable taxing authority.If the Providing Party does not collect any Tax as
required by Section 41.1 because the Purchasing Party has provided such
Providing Party with an exemption certificate that is later found to be inadequate
by a taxing authority,then,as between the Providing Party and the Purchasing
OneEighty ID Comp v2.3.doc 21
Party,the Purchasing Party shall be liable for such uncollected Tax and any
interest assessed thereon,as well as any penalty assessed with respect to such
uncollected Tax by the applicable taxing authority.If the Purchasing Party fails to
pay the Receipts Tax as required by Section 41.2,then,as betweenthe
Providing Party and the Purchasing Party,(x)the Providing Party shall be liable
for any Tax imposed on its receipts and (y)the Purchasing Party shall be liable
for any interest assessed thereon and any penalty assessed upon the Providing
Party with respect to such Tax by such authority.If the Purchasing Party fails to
impose and/or collect any Tax from Subscribers as required by Section 41.3,
then,as between the Providing Party and the Purchasing Party,the Purchasing
Party shall remain liable for such uncollected Tax and any interest assessed
thereon,as well as any penalty assessed with respect to such uncollected Tax by
the applicable taxing authority.With 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 applicable taxing 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 respondto any audit inquiries in a proper and
timely manner so that the audit and/or any resulting controversy may be resolved
expeditiously.
41.5 Tax exemptions and Exemption Certificates.If Applicable Law clearly exempts a
purchase hereunder from a Tax,and if such Applicable Law also provides an
exemption procedure,such as an exemption-certificate requirement,then,if the
Purchasing Party complies with such procedure,the Providing Party shall not
collect such Tax during the effective period of such exemption.Such exemption
shall be effective upon receipt of the exemption certificate or affidavit in
accordance with the terms set forth in Section 41.6.If Applicable Law clearly
exempts a purchase hereunder from a Tax,but does not also provide an
exemption procedure,then the Providing Party shall not collect such Tax if the
Purchasing Party (a)furnishes the Providing Party with a letter signed by an
officer requestingsuch an exemption and citing the provision in the Applicable
Law which clearly allows such exemption and (b)supplies the Providing Party
with an indemnification agreement,reasonably acceptable to the Providing Party
(e.g.,an agreement commonly used in the industry),which holds the Providing
Party harmless on an after-tax basis with respect to its forbearing to collect such
Tax.
41.6 All notices,affidavits,exemption-certificates or other communications required or
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
OneEighty ID Comp v2.3.doc 22
To OneEighty:
Finance Department
118 North Stevens
Spokane,Washington 99201
Either Party may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section.Any
notice or other communication shall be deemed to be given when received.
42.Technology Upgrades
Notwithstandingany other provision of this Agreement,Verizon shall have the 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 OneEighty's ability to provide service
using certain technologies.Nothing in this Agreement shall limit Verizon's ability to
modify its network through the incorporation of new equipment or software or otherwise.
OneEighty shall be solely responsible for the cost and activities associated with
accommodatingsuch changes in its own network.
43.Territory
43.1 This Agreement applies to the territory in which Verizon operates as an
Incumbent Local Exchange Carrier in the State of Idaho.Verizon shall be
obligated to provide Services under this Agreement only within this territory.
43.2 Notwithstanding any other provision of this Agreement,Verizon may terminate
this Agreement as to a specific operating territory or portion thereof if Verizon
sells or otherwise transfers its operations in such territory or portionthereof to a
third-person.Verizon shall provide OneEighty with at least 90 calendar days prior
written notice of such termination,which shall be effective upon the date
specified in the notice.
44.Third Party Beneficiaries
Except as expressly set forth in this Agreement,this Agreement is for the sole benefit of
the Parties and their permitted assigns,and nothing herein shall create or be construed
to provide any third-persons (including,but not limited to,Customers or contractors of a
Party)with any rights (including,but not limited to,any third-party beneficiary rights)
hereunder.Except as expressly set forth in this Agreement,a Party shall have no liability
under this Agreement to the Customers of the other Party or to any other third person.
45.251 and 271 Requirements
45.1 The Parties agree that the performance of the terms of this Agreement will satisfy
Verizon's obligations under Section 251 of the Act,and the requirements of the
Checklist under Section 271 of the Act.
45.2 The Parties understand and agree that this Agreement will be filed with the
Commission and may thereafter be filed with the FCC as an integral part of an
application by Verizon or an Affiliate of Verizon pursuant to Section 271(d)of the
Act.In the event that any one or more of the provisions contained herein in
Verizon's reasonable determination is likely to adversely affect the application
pursuant to Section 271(d)of the Act,the Parties agree to make the revisions
necessary to eliminate such adverse effect on the application.
OneEighty ID Comp v2.3.doc 23
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 OneEighty of any rights it may have under
Section 252(i)or the Merger Order MFN Provisions results in the rearrangement
of Services by Verizon,OneEighty shall be solely liable for all costs associated
therewith,as well as for any termination charges associated with the termination
of existing Verizon Services.
47.Use of Service
Each Party shall make commercially reasonable efforts to ensure that its Customers
comply with the provisions of this Agreement (including,but not limited to the provisions
of applicable Tariffs)applicable to the use of Services purchased by it under this
Agreement.
48.Waiver
A failure or delay of either Party to enforce any of the provisions of this Agreement,or
any right or remedy available under this Agreement or at law or in equity,or to require
performance of any of the provisions of this Agreement,or to exercise any option which is
provided under this Agreement,shall in no way be construed to be a waiver of such
provisions,rights,remedies or options.
49.Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT,NEITHER PARTY MAKES
OR RECEIVESANY WARRANTY,EXPRESS OR IMPLIED,WITH RESPECT TO THE
SERVICES PROVIDED,OR TO BE PROVIDED,UNDER THIS AGREEMENT AND THE
PARTIES DISCLAIM ANY OTHER WARRANTIES,INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY,WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT,AND
WARRANTIESARISING BY TRADE CUSTOM,TRADE USAGE,COURSE OF
DEALING OR PERFORMANCE,OR OTHERWISE.
50.Withdrawal of Services
50.1 Notwithstanding anything contained in this Agreement,except as otherwise
required by Applicable Law,Verizon may terminate its offering and/or provision of
any Service under this Agreement upon thirty (30)days prior written notice to
OneEighty.
50.2 Notwithstanding anything contained in this Agreement,except as otherwise
required by Applicable Law,Verizon may with thirty (30)days prior written notice
to OneEighty terminate any provision of this Agreement that provides for the
payment by Verizon to OneEighty of compensation related to traffic,including,
but not limited to,Reciprocal Compensation and other types of compensation for
termination of traffic delivered by Verizon to OneEighty.Following such
termination,except as otherwise agreed in writing by the Parties,Verizon shall
be obligated to provide compensation to OneEighty related to traffic only to the
extent required by Applicable Law.If Verizon exercises its right of termination
underthis Section,the Parties shall negotiate in good faith appropriate substitute
provisions for compensation related to traffic;provided,however,that except as
otherwise voluntarily agreed by Verizon in writing in its sole discretion,Verizon
OneEighty ID Comp v2.3.doc 24
shall be obligated to provide compensation to OneEighty related to traffic only to
the extent required by Applicable Law.If within thirty (30)days after Verizon's
notice of termination the Parties are unable to agree in writing upon mutually
acceptable substitute provisions for compensation relatedto traffic,either Party
may submit their disagreement to dispute resolution in accordance with Section
14 of this Agreement.
OneEighty ID Comp v2.3.doc 25
SIGNATURE PAGE
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
ONEEIGHTY NETWORKS,INC.D/BIA VERIZON NORTHWEST INC.
By By:
Printed:Chad E.Skidmore Printed:Steven J.Pitterle
Title:President And COO Title:Director -Contract Negotiations
OneEighty ID Comp v2.3 26
GLOSSARY
1.General Rule -
1.1 The provisions of Sections 1.2 through 1.4 and Section 2 apply with regard to the
Principal Document.Terms used in a Tariff shall have the meaningsstated 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 intendedto convey the meaning stated in this Glossary
is capitalized when used.Other terms that are capitalized,and not defined in this
Glossary or elsewhere in the Principal Document,shall have the meaning stated
in the Act.Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision.To
the extent that there may be any conflict between a definition set forth in this
Glossary and any definition in a specific provision,the definition set forth in the
specific provision shall control with respect to that provision.
1.3 Unless the context clearly indicates otherwise,any term defined in this Glossary
which is defined or used in the singular shall include the plural,and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
1.4 The words "shall"and "will"are used interchangeably throughout the Principal
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 obligationfor either
Party.
2.Definitions
2.1 Act.
The Communications Act of 1934 (47 U.S.C.§151 et seq.),as from time to time
amended (including,but not limited to,by the 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.
This Agreement,as defined in Section 1 of the General Terms and Conditions.
OneEighty ID Comp v2.3.doc 27
2.6 Ancillary Traffic.
All traffic that is destined for ancillary services,or thaî may have special billing
requirements,including but not limited to the following:Directory Assistance,
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 ANl (Automatic Number Identification).
The signaling parameter that refers to the number transmitted through the
network identifying the billing number of the calling party.
2.8 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 prescribes the
terms and conditions relating to a Party's requestthat the other Party provide a
UNE that it is not otherwise required to provide under the terms of this
Agreement.
2.11 Business Day.
Monday through 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
trunks for the purpose of originating/terminating calls over the public switched
telephone network.A single Central Office may handle several Central Office
codes ("NXX").Sometimes this term is used to refer to a telephone company
building in which switching systems and telephone equipment are installed,
OneEighty ID Comp v2.3.doc 28
2.16 Central Office Switch.
A switch used to provide Telecommunications Services,including,but not limited
to,an End Office Switch or a Tandem Switch.A Central Office Switch may also
be employed as a combination End Office/Tandem Office Switch.
2.17 Claims.
Any and all claims,demands,suits,actions,settlements,judgments,fines,
penalties,liabilities,injuries,damages,losses,costs (including,but not limited to,
court costs),and expenses (including,but not limited to,reasonable attorney's
fees).
2.18 CLEC (Competitive Local Exchanqe Carrier).
Any Local Exchange Carrier other than Verizon that is operating as a Local
Exchange Carrier in the territory in which Verizon operates as an ILEC in the
State of Idaho.OneEighty is or shortly will become a CLEC.
2.19 CLLI Codes.
Common Language Location Identifier Codes.
2.20 CMDS (Centralized Messaqe Distribution System).
The billing record and clearing house transport system that LECs use to
exchange out collects and in collects as well as Carrier Access Billing System
(CABS)records.
2.21 Commission.
Idaho Public Utilities Commission.
2.22 CPN (Callinq Party Number).
A CCS parameterthat identifies the calling party's telephone number.
2.23 CPNI (Customer ProprietaryNetwork information).
Shall havethe meaning set forth in Section 222 of the Act,47 U.S.C.§222.
2.24 Cross Connection.
For a Collocation arrangement,the facilities between the collocating Party's
equipment and the equipment or facilities of the housing Party (such as the
housing Party's digital signal cross connect,Main Distribution Frame,or other
suitable frame or panel).
2.25 Customer.
A third party residence or business end-user subscriber to Telephone Exchange
Services provided by either of the Parties.
2.26 Digital Siqnal Level.
One of several transmission rates in the time-division multiplex hierarchy.
OneEighty ID Comp v2.3.doc 29
2.27 DSO (Diqital Siqnal Level 0).
The 64kbps zero-level signal in the time-division multiplex hierarchy.
2.28 DS1 (Diqifal Siqnal Level 1).
The 1.544 Mbps first-level signal in the time-division multiplex hierarchy.
2.29 DS3 (Diqital Signal Level 3).
The 44.736 Mbps third-level signal in the time-division multiplex hierarchy.
2.30 EMI (Exchanqe Messaqe Interface).
Standard used for the interexchange of 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 layout that contains Customer billing information,
account summary and tracking analysis.EMI format is contained in document
SR-320 published by the Alliance for Telcom Industry Solutions.
2.31 End Office Switch or End Office.
A switching entity that is used to terminate Customer station Loops for the
purpose of interconnectionto each other and to trunks.
2.32 Entrance Facility.
The facilities between a Party's designated premises and the Central Office
serving that designated premises.
2.33 ExchangeAccess.
Shall have the meaning set forth in the Act.
2.34 Extended Local Callinq Scope Arranqement.
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 Arrangement Traffic"is traffic
that under an optional Extended Local Calling Scope Arrangement chosen by the
Customer terminates outside of the Customer's basic exchange serving area.
2.35 F_C_C.
The Federal Communications Commission.
2.36 FCC Internet Order.
Order on Remand and Report and Order,In the Matter of Implementation of the
Local Competition Provisions in the Telecommunications Act of 1996,Intercarrier
Compensation for ISP Bound Traffic,FCC 01-131,CC Docket Nos.96-98 and
99-68,(adopted April 18,2001).
2.37 FCC Requlations.
OneEighty ID Comp v2.3.doc 30
The unstayed,effective regulations promulgated by the FCC,as amended from
time to time.
2.38 HDSL (Hiqh-Bit Rate Diqital Subscriber Line).
A transmission technology that transmits up to a DS1 level signal,using any one
of the following line codes:2 Binary/1 Quartenary (2B1Q),Carrierless AM/PM,
Discrete Multitone (DMT),or 3 Binary/1 Octal (3BO).
2.39 IDLC (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 Exchanqe Carrier).
Shall have the meaning stated in the Act.
2.41 Information Access.
The provision of specialized exchange telecommunications services in
connection with the origination,termination,transmission,switching,forwarding
or routing of telecommunications traffic to or from the facilities of a provider of
information services,including a provider of Internet access or Internet
transmission services.
2.42 Inside Wire or Inside Wirinq.
All wire,cable,terminals,hardware,and other equipment or materials,on the
Customer's side of the Rate Demarcation Point.
2.43 Internet Traffic.
Any traffic that is transmitted to or returned from the Internetat any point during
the duration of the transmission.
2.44 InterLATAService.
Shall havethe meaning set forth in the Act.
2.45 IntraLATA.
Telecommunicationsthat originate and terminate within the same LATA.
2.46 IP (Interconnection Point).
For Reciprocal Compensation Traffic,the point at which a Party who receives
Reciprocal Compensation Traffic from the other Party assesses Reciprocal
Compensation chargesfor the further transport and termination of that
Reciprocal Compensation Traffic.
2.47 ISDN (Inteqrated Services Diqital Network).
A switched network service providing end-to-end digital connectivity for the
simultaneoustransmission of voice and data.Basic Rate Interface-ISDN (BRI-
ISDN)provides for digital transmission of two (2)64 kbps bearer channels and
OneEighty ID Comp v2.3.doc 31
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).
2.48 IXC (Interexchanqe Carrier).
A Telecommunications Carrier that provides,directly or indirectly,InterLATA or
IntraLATA Telephone Toll Services.
2.49 LATA (Local Access and Transport Area).
Shall have the meaning set forth in the Act.
2.50 LEC (Local Exchanqe Carrier).
Shall have the meaning set forth in the Act.
2.51 LERG (Local Exchanqe Routinq Guide).
A Telcordia Technologies reference containing NPA/NXX routing and homing
information.
2.52 LIDB (Line Information Data Base).
Line Information databases which provide,among other things,calling card
validation functionality for telephone line number cards issued by Verizon and
other entities and validation data for collect and third number-billed calls(e.g.,
data for billed number screening).
2.53 Line Side.
An End Office Switch connection that provides transmission,switching and
optional features suitable for Customer connection to the public switched
network,including loop start supervision,ground start supervision and signaling
for BRI-ISDN service.
2.54 B.
A transmission path that extends from a Main Distribution Frame,DSX-panel,or
functionally comparable piece of equipment in a Customer's serving End Office,
to the Rate Demarcation Point (or NID if installed at the Rate Demarcation Point)
in or at the Customer's premises.The actual transmission facilities used to
provide a Loop may utilize any of several technologies.
2.55 LSR (Local Service Request).
An industry standard form,which contains data elements and usage rules,used
by the Parties to establish,add,change or disconnect resold
Telecommunications Services and Network Elements.
2.56 MDF (Main Distribution Frame).
The primary point at which outside plant facilities terminate within a Wire Center,
for interconnection to other Telecommunications facilities within the Wire Center.
The distribution frame used to interconnect cable pairs and line trunk equipment
terminating on a switching system.
OneEighty ID Comp v2.3.doc 32
2.57 Measured Internet Traffic.
Dial-up,switched Internet Traffic originated by a Customer of one Party on that
Party's network at a point in a Verizon local calling area,and delivered to a
Customer or an Internet Service Provider served by the other Party,on that other
Party's network at a point in the same Verizon local calling area.Verizon local
calling areas shall be as defined by Verizon.For the purposesof this definition,a
Verizon local calling area includes a Verizon non-optional Extended Local Calling
Scope Arrangement,but does not include a Verizon optional Extended Local
Calling Scope Arrangement.Calls originated on a 1+presubscriptionbasis,or
on a casual dialed (10XXX/101XXXX)basis,are not considered Measured
Internet Traffic.
2.58 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
Exchange Access Service provided by two or more LECs,or by one LEC in two
or more states,within a single LATA.
2.59 MECOD (Multiple Exchanqe Carriers Orderinq and Desiqn Guidelinesfor Access
Services -Industry Support Interface).
A document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum (OBF),which functions under the
auspices of the Carrier Liaison Committee (CLC)of the Alliance for
Telecommunications Industry Solutions (ATIS).The MECODdocument,
published by Telcordia Technologies as Special Report SR-STS-002643,
establishes methods for processing orders for Exchange Access Service that is
to be provided by two or more LECs.
2.60 Merqer Order.
The FCC's Order "In re Application of GTE Corporation,Transferor,and Bell
Atlantic Corporation,Transferee,For Consent to Transfer of Control of Domestic
and International Section 214 and 310 Authorizations and Application to Transfer
of a Submarine Cable Landing License",Memorandum Opinion and Order,FCC
CC Docket No.98-184,FCC 00-221 (June 16,2000),as modifiedfrom time to
time.
2.61 NANP (North American Numberinq Plan).
The system of telephone numbering employed in the United States,Canada,
Bermuda,Puerto Rico and certain Caribbean islands.The NANP format is a 10-
digit number that consist of a 3-digit NPA Code (commonly referred to as the
area code),followed by a 3-digit NXX code and 4 digit line number.
2.62 Network Element.
Shall havethe meaning stated in the Act.
2.63 NID (Network Interface Device).
The Verizon provided interface terminating Verizon's Telecommunications
OneEighty ID Comp v2.3.doc 33
networkon the property where the Customer's service is located at a point
determined by Verizon.The NID contains an FCC Part 68 registeredjack from
which Inside Wire may be connected to Verizon's network.
2.64 NPA (Numberinq Plan Area).
Also sometimes referred to as an area code,is the first three-digit indicator of
each 10-digittelephone number within the NANP.There are two general
categories of NPA,"Geographic NPAs"and "Non-Geographic NPAs".A
Geographic NPA is associated with a defined geographic area,and all telephone
numbers bearing such NPA are associated with services provided within that
geographic area.A Non-Geographic NPA,also known as a "Service Access
Code"or "SAC Code"is typically associated with a specialized
Telecommunications Service that may be provided across multiple geographic
NPA areas.500,700,800,888 and 900 are examples of Non-Geographic
NPAs.
2.65 NXX,NXX Code,Central Office Code or CO Code.
The three-digit switch entity indicator (i.e.the first three digits of a seven-digit
telephone number).
2.66 Order.
An order or application to provide,change or terminate a Service (including,but
not limited to,a commitment to purchase a stated number or minimum number of
lines or other Services for a stated period or minimum period of time).
2.67 POI (Point of Interconnection).
The physical location where the one Party's facilities physically interconnect with
the other Party's facilities for the purpose of exchanging traffic.
2.68 _Pog.
A line card (or equivalent)and associated peripheral equipment on an End Office
Switch that interconnects individual Loops or individual Customer trunks with the
switching components of an End Office Switch and the associated switching
functionality in that End Office Switch.Each Port is typically associated with one
(or more)telephone number(s)that serves as the Customer's network address.
The Port is part of the provision of unbundled Local Switching Element.
2.69 Principal Document.
This document,including,but not limited to,the Title Page,the Table of
Contents,the Preface,the General Terms and Conditions,the signature page,
this Glossary,the Attachments,and the Appendices to the Attachments
2.70 ProvidinqParty.
A Party offering or providing a Service to the other Party under this Agreement.
2.71 Purchasinq Party.
A Party requesting or receiving a Service from the other Party under this
Agreement.
OneEighty ID Comp v2.3.doc 34
2.72 Rate Center Area.
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 Telephóne Exchange Services.The Rate CenterArea 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.
2.73 Rate Center Point.
A specific geographic point,defined by a V&H coordinate,located within the Rate
Center Area and used to measure distance for the purpose of billing for distance-
sensitive Telephone Exchange Services and Toll Traffic.Pursuantto Telcordia
Practice BR-795-100-100,the Rate Center Point may be an End Office location,
or a "LEC Consortium Point Of Interconnection."
2.74 Rate Demarcation Point.
The physical point in a Verizon provided network facility at which Verizon's
responsibilityfor maintaining that network facility ends and the Customer's
responsibility for maintaining the remainder of the facility begins,as set forth in
this Agreement,Verizon's applicable Tariffs,if any,or as otherwise prescribed
under Applicable Law.
2.75 Reciprocal Compensation.
The arrangementfor recovering,in accordance with Section 251(b)(5)of the Act,
the FCC Internet Order,and other applicable FCC orders and FCC Regulations,
costs incurred for the transport and termination of ReciprocalCompensation
Traffic originating on one Party's network and terminating on the other Party's
network (as set forth in Section 7 of the InterconnectionAttachment).
2.76 Reciprocal Compensation Traffic.
Telecommunications traffic originated by a Customer of one Party on that Party's
network and terminated to a Customer of the other Party on that other Party's
network,except for Telecommunications traffic that is interstate or intrastate
ExchangeAccess,Information Access,or exchange services for Exchange
Access or Information Access.The determination of whether
Telecommunications traffic is Exchange Access or Information Access shall be
based upon Verizon's local calling areas as defined by Verizon.Reciprocal
Compensation Traffic does _ng include:(1)any InternetTraffic;(2)traffic that
does not originate and terminate within the same Verizon local calling area as
defined by Verizon;(3)Toll Traffic,including,but not limited to,calls originated
on a 1+presubscription basis,or on a casual dialed (10XXX/101XXXX)basis;(4)
Optional Extended Local Calling Scope Arrangement Traffic;(5)special access,
private line,Frame Relay,ATM,or any other traffic that is not switched by the
terminating Party;(6)Tandem Transit Traffic;or,(7)Voice Information Service
Traffic (as defined in Section 5 of the Additional Services Attachment).For the
purposes of this definition,a Verizon local calling area includes a Verizon non-
optional Extended Local Calling Scope Arrangement,but does not include a
Verizon optional Extended Local Calling Scope Arrangement.
2.77 Retail Prices.
OneEighty ID Comp v2.3.doc 35
The prices at which a Service is provided by Verizon at retail to subscribers who
are not Telecommunications Carriers.
2.78 Routinq Point.
A specific geographic point identified by a specific V&H coordinate.The Routing
Point is used to route inboundtraffic to specified NPA-NXXs.The Routing Point
must be located within the LATA in which the corresponding NPA-NXX is
located.However,the Routing Point associated with each NPA-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 corresponding to each unique and separate Rate Center
Area.
2.79 Service.
Any Interconnection arrangement,Network Element,Telecommunications
Service,Collocation arrangement,or other service,facility or arrangement,
offered by a Party under this Agreement.
2.80 SS7 (Siqnalinq System 7).
The common channel out-of-band signaling protocol developed by the
Consultative Committee for International Telephone and Telegraph (CCITT)and
the American National Standards Institute (ANSI).Verizon and OneEighty
currently utilize this out-of-band signaling protocol.
2.81 Subsidiary.
A corporation or other person that is controlled by a Party.
2.82 Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.83 Switched Access Summary Usage Data.
A category 1150XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.84 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
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.
2.85 Tandem Switch,
A switching entity that has billing and recording capabilities and is used to
connect and switch trunk circuits between and among End Office Switches and
between and among End Office Switches and carriers'aggregation points,points
of termination,or points of presence,and to provide Switched Exchange Access
Services.
2.86 Tariff.
OneEighty ID Comp v2.3.doc 36
2.86.1 Any applicable Federal or state tariff of a Party,as amended from time-
to-time;or
2.86.2 Any standard agreement or other document,as amended from time-to-
time,that sets forth the generally available terms,conditions and prices
under which a Party offers a Service.
The term "Tariff"does not include any Verizon statement of generally available
terms (SGAT)which has been approved or is pending approval by the
Commission pursuant to Section 252(f)of the Act.
2.87 Telcordia Technoloqies.
Telcordia Technologies,Inc.,formerly known as Bell Communications Research,
Inc.(Bellcore).
2.88 Telecommunications Carrier.
Shall have the meaning set forth in the Act.
2.89 Telecommunications Services.
Shall have the meaning set forth in the Act.
2.90 Telephone Exchange Service.
Shall have the meaning set forth in the Act.
2.91 Third Party Claim.
A Claim where there is (a)a claim,demand,suit or action by a person who is not
a Party,(b)a settlement with,judgment by,or liability to,a personwho is not a
Party,or (c)a fine or penalty imposed by a person who is not a Party.
2.92 Toll Traffic.
Traffic that is originated by a Customer of one Party on that Party's network and
terminates to a Customer of the other Party on that other Party's network and is
not Reciprocal Compensation Traffic,Measured Internet Traffic,or Ancillary
Traffic.Toll Traffic may be either "IntraLATA Toll Traffic"or "InterLATA Toll
Traffic",depending on whether the originating and terminating points are within
the same LATA.
2.93 Toxic or Hazardous Substance.
Any substance designated or defined as toxic or hazardous under any
"Environmental Law"or that poses a risk to human health or safety,or the
environment,and products and materials containing such substance.
"Environmental Laws"means the Comprehensive Environmental Response,
Compensation,and Liability Act,the Emergency Planning and Community Right-
to-Know Act,the Water Pollution Control Act,the Air Pollution Control Act,the
Toxic Substances Control Act,the Resource Conservation and 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
OneEighty ID Comp v2.3.doc 37
resources.
2.94 Traffic Factor 1.
For traffic exchanged via InterconnectionTrunks,a percentage calculated by
dividing the number of minutes of interstate traffic (excluding Measured Internet
Traffic)by the total number of minutes of interstate and intrastate traffic.
([InterstateTraffic Total Minutes of Use {excluding Measured Internet Traffic
Total Minutes of Use}÷{\nterstate Traffic Total Minutes of Use +IntrastateTraffic
Total Minutes of Use}]x 100).Until the form of a Party's bills is updated to use
the term "Traffic Factor 1,"the term "Traffic Factor 1"may be referred to on the
Party's bills and in billing related communications as "Percent Interstate Usage"
or "PIU."
2.95 Traffic Factor 2.
For traffic exchangevia Interconnection Trunks,a percentage calculated by
dividing the combined total number of minutes of Reciprocal Compensation
Traffic and Measured Internet Traffic by the total number of minutes of intrastate
traffic.([{Reciprocal Compensation Traffic Total Minutes of Use +Measured
Internet Traffic Total Minutes of Use}÷ IntrastateTraffic Total Minutes of Use]x
100).Until the form of a Party's bills is updated to use the term "Traffic Factor 2,"
the term "Traffic Factor 2"may be referred to on the Party's bills and in billing
related communications as "Percent Local Usage"or "PLU."
2.96 Trunk Side.
A Central Office Switch connection that is capable of,and has been programmed
to treat the circuit as,connecting to another switching entity,for example,to
another carrier's network.Trunk side connections offer those transmission and
signaling features appropriate for the connection of switching entities and cannot
be used for the direct connection of ordinary telephone station sets.
2.97 UDLC (Universal Digital Loop Carrier).
UDLC arrangements consist of a Central Office Terminal and a Remote Terminal
located in the outside plant or at a customer premises.The Central Office and
the Remote Terminal units perform analog to digital conversions to 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-switched services
and UNE Loops.
2.98 V and H Coordinates Method.
A method of computing airline miles between two points by utilizing an
establishedformula that is based on the vertical and horizontal coordinates of the
two points.
2.99 Voice Grade.
Either an analog signal of 300 to 3000 Hz or a digital signal of 56/64 kilobits per
second.When referring to digital Voice Grade service (a 56-64 kbps channel),
the terms "DSO"or "sub-DS1"may also be used.
2.100 Wire Center.
OneEighty ID Comp v2.3.doc 38
A building or portion thereof which serves as the premises for one or more
Central Office Switches and related facilities.
OneEighty ID Comp v2.3.doc 39
ADDITIONAL SERVICES ATTACHMENT
1.Alternate Billed Calls
1.1 The Parties will engagein settlements of intraLATAintrastate alternate-billedcalls
(e.g,collect,calling card,and third-partybilled calls)originated or authorized by
their respectiveCustomersin accordancewith an arrangementmutually agreedto
by the Parties.
2.Dialing Parity -Section 251(b)(3)
Each Party shall provide the other Party with nondiscriminatory access to such services
and information as are necessary to 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 request that the other Party provide the requesting Party with
nondiscriminatory access to the other Party's directory assistance services (DA),
IntraLATAoperator call completion services (OS),and/or directory assistance
listings database.If either Party makes such a request,the Parties shall enter
into a mutually acceptable written agreement for such access.
3.2 OneEighty shall arrange,at its own expense,the trunking and other facilities
required to transport traffic to and from the designated DA and OS switch
locations.
4.Directory Listing and Directory Distribution
To the extent required by Applicable Law,Verizon will provide directory services to
OneEighty.Such services will be provided in accordance with the terms set forth herein.
4.1 Listinq Information.
As used herein,"Listing Information"means a OneEighty Customer's primary
name,address (including city,state and zip code),telephone number(s),the
delivery address and number of directoriesto 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
necessary for the publication and delivery of directories.
4.2 Listinq Information Supply.
OneEighty shall provide to Verizon on a regularly scheduled basis,at no charge,
and in a format required by Verizon or by a mutually agreed upon industry
standard (e.g.,Ordering and Billing Forum developed),all Listing Information and
the service address for each OneEighty Customer whose service address
location falls within the geographic area covered by the relevant Verizon
directory.OneEighty shall also provide to Verizon on a daily basis,(a)
information showing OneEighty Customers who have disconnected or terminated
their service with OneEighty;and (b)delivery informationfor each non-listed or
non-published OneEighty Customer to enable Verizon to perform its directory
distribution responsibilities.Verizon shall promptly provide to OneEighty,
(normally within forty-eight (48)hours of receipt by Verizon,excluding non-
Business Days),a query on any Usting that is not acceptable.
OneEighty ID Comp v2.3.doc 40
4.3 Listinq Inclusion and Distribution.
Verizon shall include each OneEighty Customer's Primary Listing in the
appropriate alphabetical directory and,for business Customers,in the
appropriate classified (Yellow Pages)directory in accordance with the directory
configuration,scope and schedules determined by Verizon in its sole discretion,
and shall provide initial distribution of such directories to such OneEighty
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 OneEighty's Customers shall be
interfiled with listings of Verizon's Customers and the Customers of other LECs
included in the Verizon directories.OneEighty shall pay Verizon's tariffed
charges for additional and foreign alphabetical listings and other alphabetical
services (e.g.caption arrangements)for OneEighty's Customers.
4.4 Verizon Information.
Upon request by OneEighty,Verizon shall make available to OneEighty the
following informationto the extent that Verizon provides such information to its
own business offices:a directory list of relevant NXX codes,directory and
"Customer Guide"close dates,publishing data,and Yellow Pages headings.
Verizon also will make available to OneEighty,upon written request,a copy of
Verizon's alphabetical listings standards and specifications manual.
4.5 Confidentiality of Listinq Information.
Verizon shall accord OneEighty Listing Informationthe same level of
confidentiality that 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
OneEighty Listing Information for directory publishing,direct marketing,or any
other purpose for which Verizon uses or licenses its own listing information,so
long as OneEighty Customers are not separately identified as such;and provided
further that OneEighty may identify those of its Customers who request that their
names not be sold for direct marketing purposes,and Verizon shall honor such
requests to the same extent it does so for its own Customers.Verizon shall not
be obligated to compensate OneEighty for Verizon's use or licensing of
OneEighty Listing Information.
4.6 Accuracy.
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of OneEighty Customer listings.At OneEighty's request,Verizon
shall provide OneEighty with a report of all OneEighty Customer listings normally
no more than ninety (90)days and no less than thirty (30)days prior to the
service order close date for the applicable directory.Verizon shall process any
corrections made by OneEighty with respect to its listings,provided such
corrections are received prior to the close date of the particular directory.
4.7 Indemnification.
OneEighty shall adhere to all practices,standards,and ethical requirements
established by Verizon with regard to listings.By providingVerizon with Listing
Information,OneEighty warrants to Verizon that OneEighty has the right to
provide such Listing Information to Verizon on behalf of its Customers.
OneEighty shall make commercially reasonable efforts to ensure that any
OneEighty ID Comp v2.3.doc 41
business or person to be listed is authorized and has the right (a)to providethe
product or service offered,and (b)to use any personal or corporate name,trade
name,trademark,service mark or language used in the listing.OneEighty
agrees to release,defend,hold harmless and indemnify Verizon from and
against añy 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 Informationas
provided by OneEighty hereunder.
4.8 Liability.
Verizon's liability to OneEighty 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
OneEighty for such listing or the amount by which Verizon would be liable to its
own customer for such error or omission.OneEighty agrees to take all
reasonable steps,including,but not limited to,entering into appropriate
contractual provisions with its Customers,to ensure that its and Verizon's liability
to OneEighty's Customers in the event of a Verizon error in or omission of a
listing shall be subject to the same limitations of liability applicable between
Verizon and its own Customers.
4.9 Service Information Paqes.
Verizon shall include all OneEighty NXX codes associated with the geographic
areas to which each directory pertains,to the extent it does so for Verizon's own
NXX codes,in any lists of such codes that are contained in the general reference
portion of each directory.OneEighty's NXX codes shall appear in such lists in
the same manner as Verizon's NXX information.In addition,when OneEighty is
authorized to,and is offering,local service to Customers located within the
geographic area covered by a specific directory,at OneEighty's request,Verizon
shall include,at no charge,in the "Customer Guide"or comparable section of the
applicable alphabetical directories,OneEighty's critical contact informationfor
OneEighty's installation,repair and Customer service,as provided by OneEighty.
Such critical contact information shall appear alphabetically by local exchange
carrier and in accordance with Verizon's generally applicable policies.OneEighty
shall be responsiblefor providing the necessary informationto Verizon by the
applicable close date for each affected directory.
4.10 Directory Publication.
Nothing in this Agreement shall require Verizon to publish a directorywhere it
would not otherwise do so.
4.11 Other Directory Services.
OneEighty acknowledges that if OneEighty desires directory services in addition
to those described herein,such additional services must be obtained under
separate agreement with Verizon's directory publishing company.
5.Voice Information Service Traffic
5.1 For purposes of this Section 5,(a)Voice Information Service means a service
that provides [i]recorded voice announcement information or [ii]a vocal
discussion program open to the public,and (b)Voice Information ServiceTraffic
means intraLATA switched voice traffic,delivered to a Voice Information Service.
Voice Information Service Traffic does not include any form of Internet Traffic.
OneEighty ID Comp v2.3.doc 42
Voice Information Service Traffic also does not include 555 traffic or similar traffic
with AIN service interfaces,which traffic shall be subject to separate
arrangements between the Parties.Voice Information Service Traffic is not
subject to Reciprocal Compensation charges under Section 7 the Interconnection
Attachment.
5.2 If a OneEighty Customer is served by resold Verizon dial tone line
Telecommunications Service or a Verizon Local Switching UNE,to the extent
reasonablyfeasible,Verizon will route Voice Information Service Traffic
originatingfrom such Service or UNE to the appropriate Voice Information
Service connected to Verizon's network unless a feature blocking such Voice
Information Service Traffic has been installed.For such Voice Information
Service Traffic,OneEighty shall pay to Verizon without discount any Voice
Information Service provider charges billed by Verizon to OneEighty.OneEighty
shall pay Verizon such charges in full regardless of whether or not OneEighty
collects such charges from its own Customer.
5.3 OneEighty shall have the option to route Voice Information ServiceTraffic that
originates on its own network to the appropriate Voice Information Service
connected to Verizon's network.In the event OneEighty exercises such option,
OneEighty will establish,at its own expense,a dedicated trunk group to the
Verizon Voice Information Service serving switch.This trunk group will be
utilized to allow OneEighty to route Voice Information Service Traffic originated
on its network to Verizon.For such Voice Information Service Traffic,unless
OneEighty has entered into a written agreement with Verizon under which
OneEighty will collect from OneEighty's Customer and remit to Verizon the Voice
Information Service provider's charges,OneEighty shall pay to Verizon without
discount any Voice Information Service provider charges billed by Verizon to
OneEighty.OneEighty shall pay Verizon such charges in full regardless of
whether or not OneEighty collects such chargesfrom its own Customer.
6.Intercept and Referral Announcements
6.1 When a Customer changes its service provider from Verizon to OneEighty,or
from OneEighty to Verizon,and does not retain its original telephone number,the
Party formerly providing service to such Customer shall provide a referral
announcement ("Referral Announcement")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 requeststhat no Referral Announcement be provided.
6.2 Referral Announcements shall be provided,in the case of business Customers,
for a period of not less than one hundred and twenty (120)days after the date the
Customer changes its telephone number,and,in the case of residential
Customers,not less than thirty (30)days after the date the Customer changes its
telephone number;provided that if a 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
providingservice if a number shortage condition requires reassignment of the
telephone number.
6.3 This referral announcement will be provided by each Party at no charge to the
other Party;provided that the Party formerly providing service may bill the
Customer its standard Tariff charge,if any,for the referral announcement.
OneEighty ID Comp v2.3.doc 43
7.Originating Line Number Screening (OLNS)
Upon OneEighty'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 originating from the calling number (e.g.,penal
institutions,COCOTS).
8.Operations Support Systems (OSS)Services
8.1 Definitions.
The terms listed below shall have the meanings stated below:
8.1.1 Verizon Operations Support Systems:Verizon systems for pre-ordering,
ordering,provisioning,maintenance and repair,and billing.
8.1.2 Verizon OSS Services:Access to Verizon Operations Support Systems
functions.The term "Verizon OSS Services"includes,but is not limited
to:(a)Verizon's provision of OneEighty Usage Information to
OneEighty 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 provide Verizon
OSS Services to OneEighty.
8.1.4 Verizon OSS Information:Any information accessed by,or disclosed or
provided to,OneEighty 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
OneEighty Customer accessed by,or disclosed or provided to,
OneEighty through or as a part of Verizon OSS Services;and,(b)any
OneEighty Usage Information (as defined in Section 8.1.6 below)
accessed by,or disclosed or provided to,OneEighty.
8.1.5 Verizon Retail Telecommunications Service:Any Telecommunications
Service that Verizon provides at retail to subscribers that are not
Telecommunications Carriers.The term "Verizon Retail
Telecommunications Service"does not include any Exchange Access
service (as defined in Section 3(16)of the Act,47 U.S.C.§153(16))
provided by Verizon.
8.1.6 OneEiqhty Usage Information:For a Verizon Retail Telecommunications
Service purchased by OneEighty pursuant to the Resale Attachment,
the usage information that 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 OneEighty 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.
OneEighty ID Comp v2.3.doc 44
8.2 Verizon OSS Services.
8.2.1 Upon request by OneEighty,Verizon shall provide to OneEighty 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 OneEighty.
8.2.3 To the extent required by Applicable Law,in providingVerizon OSS
Services to OneEighty,Verizon will comply with Verizon's applicable
OSS Change ManagementGuidelines,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 ManagementGuidelines will
be set out on a Verizon website.
8.3 OneEighty Usaqe Information.
8.3.1 Upon request by OneEighty,Verizon shall provide to OneEighty
OneEighty Usage Information.Such OneEighty Usage Informationwill
be provided in accordance with,but only to the extent required by,
Applicable Law.
8.3.2 OneEighty Usage Information will be available to OneEighty 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 OneEighty Usage Information will be provided in an Alliance for
Telecommunications Industry Solutions EMI format.
8.3.4 Daily Usage File Data Tapes provided pursuant to Section 8.3.2.1 above
will be issued each day,Monday through Friday,except holidays
observed by Verizon.
8.3.5 Except as stated in this Section 8.3,subject to the requirements of
Applicable Law,the manner in which,and the frequency with which,
OneEighty Usage Informationwill be provided to OneEighty 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 OneEighty only to
the extent necessary for OneEighty's access to and use of Verizon
OSS Services pursuant to this Agreement.
8.4.2 Verizon OSS Facilities may be accessed and used by OneEighty only to
provide Telecommunications Services to OneEighty Customers.
OneEighty ID Comp v2.3.doc 45
8.4.3 OneEighty shall restrict access to and use of Verizon OSS Facilities to
OneEighty.This Section 8 does not grant to OneEighty any right or
license to grant sublicenses to other persons,or permissionto other
persons (except OneEighty's employees,agents and contractors,in
accordance with Section 8.4.7 below),to access or use Verizon OSS
Facilities.
8.4.4 OneEighty 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 OneEighty's use under this Section
8.
8.4.5 OneEighty 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 regardto 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
OneEighty only in connection with OneEighty's use of Verizon OSS
Facilities permitted by this Section 8;(c)shall be treated by OneEighty
as Confidential Information of Verizon pursuant to Section 10 of the
General Terms and Conditions;and,(d)shall be destroyed or returned
by OneEighty to Verizon upon the earlier of request by Verizon or the
expiration or termination of this Agreement.
8.4.7 OneEighty's employees,agents and contractors may access and use
Verizon OSS Facilities only to the extent necessary for OneEighty's
access to and use of the Verizon OSS Facilities permitted by this
Agreement.Any access to or use of Verizon OSS Facilities by
OneEighty'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 OneEighty 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,OneEightyshall
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)OneEighty Usage
Information,(b)CPNI of OneEighty,and (c)CPNI of a
Verizon Customer or a OneEighty Customer,to the extent
the Customer has authorized OneEighty to use the CPNI.
OneEighty ID Comp v2.3.doc 46
8.5.2.2 Verizon OSS Information may be accessed and used by
OneEighty only to provide Telecommunications Services to
OneEighty Customers.
·8.5.2.3 OneEighty shall treat Verizon OSS Informationthat is
designated by Verizon,through written or electronic notice
(including,but not limited to,through the Verizon OSS
Services),as "Confidential"or "Proprietary"as Confidential
Information of Verizon pursuant to Section 10 of the
General Terms and Conditions.
8.5.2.4 Except as expressly stated in this Section 8,this Agreement
does not grant to OneEighty any right or license to grant
sublicenses to other persons,or permission to other
persons (except OneEighty'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 OneEighty's employees,agents and contractors may
access,use and disclose Verizon OSS Information only to
the extent necessaryfor OneEighty'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 OneEighty'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 OneEighty's license to use Verizon OSS Information shall
expire upon the earliest of:(a)the time when the Verizon
OSS Information is no longer needed by OneEighty to
provide Telecommunications Servicesto OneEighty
Customers;(b)termination of the license in accordance with
this Section 8;or (c)expiration or termination of this
Agreement.
8.5.2.7 All Verizon OSS Information received by OneEighty shall be
destroyed or returned by OneEighty 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),
OneEighty's access to Verizon OSS Information through Verizon OSS
Services shall terminate upon the expiration or termination of this
Agreement.
8.5.4 Audits.
8.5.4.1 Verizon shall have the right (but not the obligation)to audit
OneEighty to ascertain whether OneEighty is complying
with the requirements of Applicable Law and this Agreement
with regard to OneEighty 's access to,and use and
disclosure of,Verizon OSS Information.
OneEighty ID Comp v2.3.doc 47
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 OneEighty
's access to and use of Verizon OSS Information which is
made available by Verizon to OneEighty pursuant to this
Agreement,to ascertain whether OneEighty is complying
with the requirements of Applicable Law and this
Agreement,with regard to OneEighty '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 OneEighty
's access to and use of Verizon OSS Information which is
made available by Verizon to OneEighty 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 OneEighty pursuant to Section 10 of the General Terms
and Conditions;provided that,Verizon shall have the right
(but not the obligation)to use and disclose information
obtained by Verizon pursuantto this Section 8.5.4 to
enforce Verizon's rights under this Agreement or Applicable
Law.
8.5.5 OneEighty acknowledges that the Verizon OSS Information,by its
nature,is updated and corrected on a continuous basis by Verizon,
and therefore that Verizon OSS Information is subject to change from
time to time.
8.6 Liabilities and Remedies.
8.6.1 Any breach by OneEighty,or OneEighty'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 OneEighty
or an employee,agent or contractor of OneEighty at any time breaches
a provision of Sections 8.4 or 8.5 above and such breach continuesfor
more than ten (10)days after written notice thereof from Verizon,then,
except as otherwise required by Applicable Law,Verizon shall have
the right,upon notice to OneEighty,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 OneEighty agrees that Verizon would be irreparably injured by a breach
of Sections 8.4 or 8.5 above by OneEighty or the employees,agents or
contractors of OneEighty,and that Verizon shall be entitled to seek
equitable relief,including injunctive relief and specific performance,in
the event of any such breach.Such remedies shall not be deemed to
be the exclusive remedies for any such breach,but shall be in addition
to any other remedies available under this Agreement or at law or in
equity.
8.7 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 intended to constitute a
OneEighty ID Comp v2.3.doc 48
waiver by Verizon of any right with regard to protection of the confidentiality of
the information of Verizon or Verizon Customers provided by Applicable Law.
8.8 Cooperation.
OneEighty,at OneEighty's expense,shall reasonably cooperate with Verizon in
using Verizon OSS Services.Such cooperation shall include,but not be limited
to,the following:
8.8.1 Upon request by Verizon,OneEighty 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 OneEighty anticipates submitting in each week of
the next Calendar Quarter.
8.8.2 OneEighty 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 OneEighty 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 Related to OneEiqhty Customers.
8.9.1 Verizon shall have the right to access,use and disclose information
related to OneEighty Customers that is in Verizon's possession
(including,but not limited to,in Verizon OSS Facilities)to the extent
such access,use and/or disclosure has been authorized by the
OneEighty Customer in the manner required by Applicable Law.
8.9.2 Upon request by Verizon,OneEighty shall negotiate in good faith and
enter into a contract with Verizon,pursuant to which Verizon may
obtain access to OneEighty's operations support systems (including,
systems for pre-ordering,ordering,provisioning,maintenance and
repair,and billing)and information contained in such systems,to
permit Verizon to obtain information related to OneEighty Customers
(as authorized by the applicable OneEighty Customer),to permit
Customers to transfer service from one Telecommunications Carrier to
another,and for such other purposesas 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 performed through a Verizon OSS Service and which
Verizon offers to provideto OneEighty prior to,or in lieu of,Verizon's
provision of the Verizon OSS Service to OneEighty.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
OneEighty ID Comp v2.3.doc 49
Verizon and Verizon shall have the right to change Verizon Pre-OSS
Services,from time-to-time,without the consent of OneEighty.
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 available to
OneEighty 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 OneEighty non-discriminatory access to poles,ducts,
conduits and rights-of-way owned or controlled by Verizon.Such access shall be
provided in accordance with,but only to the extent required by,Applicable Law,
pursuant to Verizon's applicable Tariffs,or,in the absence of an applicable
Verizon Tariff,Verizon's generally offered form of license agreement,or,in the
absence of such a Tariff and license agreement,a mutually acceptable
agreement to be negotiated by the Parties.
9.2 OneEighty shall afford Verizon non-discriminatory access to poles,ducts,
conduits and rights-of-way owned or controlled by OneEighty.Such access shall
be provided pursuant to OneEighty's applicable Tariffs,or,in the absence of an
applicable OneEighty Tariff,OneEighty's generally offered form of license
agreement,or,in the absence of such a Tariff and license agreement,a mutually
acceptable agreement to be negotiated by the Parties.The terms,conditions
and prices offered to Verizon by OneEighty for such access shall be no less
favorable than the terms,conditions and prices offered to OneEighty 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 OneEighty Customers served by
Telecommunications Services provided by Verizon to OneEighty for resale or a
Local Switching Network Element provided by Verizon to OneEighty.
10.2 OneEighty'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 OneEighty
who is served by a Verizon Telecommunications Service ("VTS")or a Verizon
Local Switching Network Element ("VLSNE")changes the LEC that serves the
OneEighty ID Comp v2.3.doc 50
Customer using such VTS or VLSNE (including a change from Verizon to
OneEighty,from OneEighty to Verizon,or from OneEightyto a LEC other than
Verizon),after such change,the Customer may continue to use with such VTS or
VLSNE the telephone numbers that were assignedto the VTS or VLSNE for the
use of sudh 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
numbers is not technically feasible;or,(c)in the case of Telecommunications
Service provided by Verizon to OneEighty for resale,the type or class of service
subscribed to by the Customer changes.
10.5 If service on a VTS or VLSNE provided by Verizon to OneEighty under this
Agreement is terminated and the telephone numbers associated with such VTS
or VLSNE have not been ported to a OneEighty 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,OneEighty,or Telecommunications Carriers other than
Verizon and OneEighty.
10.6 OneEighty may reserve telephone numbers only to the extent Verizon's
Customers may reserve telephone numbers.
11.Routing for Operator Services and Directory Assistance Traffic
For a Verizon Telecommunications Service dial tone line purchased by OneEighty for
resale pursuant to the Resale Attachment,upon request by OneEighty,Verizon will
establish an arrangement that will permit OneEighty to route the OneEighty Customer's
calls for operator and directory assistance services to a provider of operator and directory
assistance services selected by OneEighty.Verizon will provide this routing arrangement
in accordance with,but only to the extent required by,Applicable Law.Verizon will
provide this routing arrangement pursuant to an appropriate written requestsubmitted by
OneEighty and a mutually agreed-upon schedule.This routing arrangement will be
implementedat OneEighty's expense,with charges determined on an individual case
basis.In addition to charges for initially establishing the routing arrangement,OneEighty
will be responsible for ongoing monthly and/or usage charges for the routing
arrangement.OneEighty shall arrange,at its own expense,the trunking and other
facilities required to transport traffic to OneEighty's selected provider of operator and
directory assistance services.
OneEighty ID Comp v2.3.doc 51
INTERCONNECTIONATTACHMENT
1.General
Each Party ("Providing Party")shall provide to the other Party,in accordance with this
Agreement,the Providing Party's applicable Tariffs,and Applicable Law,interconnection
with the Providing Party's network for the transmission and routing of Telephone
Exchange Service and ExchangeAccess.
2.Methods for Interconnection and Trunk Types
2.1 Methods for Interconnection.
2.1.1 In accordance with,but only to the extent required by,Applicable Law,
the Parties shall provide interconnection of their networks at any
technically feasible point as specified in this Agreement.
2.1.2 Each Party ("Originating Party"),at its own expense,shall provide for
delivery to the relevant IP of the other Party ("ReceivingParty")
Reciprocal Compensation Traffic and Measured Internet Traffic that
the Originating Party wishes to deliver to the Receiving Party.
2.1.3 OneEighty may use any of the following methods for interconnectionwith
Verizon:
2.1.3.1 a Collocation arrangement OneEighty has established at
the Verizon-IP pursuant to the Collocation Attachment;
and/or
2.1.3.2 a Collocation arrangement that has been established
separately at the Verizon-IP by a third party and that is used
by OneEighty to interconnect with Verizon;and/or
2.1.3.3 an Entrance Facility and transport obtained from Verizon
(and any necessary multiplexing)pursuant to the applicable
Verizon access Tariff,from the OneEighty network to the
Verizon-IP.
2.1.4 OneEighty may order from Verizon,in accordance with the rates,terms
and conditions set forth in this Agreement and applicable Verizon
Tariff(s)(or in the absence of applicable rates,terms and conditions
set forth in this Agreement and Verizon Tariff(s),in accordance with
rates,terms and conditions to be negotiated by the Parties),any of the
methods for interconnection specified in Section 2.1.3 above.
2.1.5 Verizon may use any of the following methods for interconnection with
OneEighty:
2.1.5.1 a Collocation arrangement Verizon has established at the
OneEighty-IP pursuantto the Collocation Attachment,or an
interconnection arrangement Verizon has established at the
OneEighty-IP that is operationally equivalentto a
Collocation arrangement (including,but not limited to,a
Verizon provided Entrance Facility);and/or
OneEighty ID Comp v2.3.doc 52
2.1.5.2 a Collocation arrangement that has been established
separately at the OneEighty-IP by a third party and that is
used by Verizon to interconnect with OneEighty;and/or
2.1.5.3 a non-distance sensitive Entrance Facility obtained from
OneEighty (and any necessary multiplexing),from the
Verizon network to the OneEighty-IP (including,but not
limited to,at Verizon's election,an Entrance Facility
accessed by Verizon through interconnection at a
Collocation arrangementthat OneEighty has established at
a Verizon Wire Center pursuant to the Collocation
Attachment,or through interconnection at a Collocation
arrangement that has been established separately at a
Verizon Wire Center by a third party and that is used by
OneEighty),or an Entrance Facility obtained from a third
party that has established an interconnectionarrangement
with OneEighty.
2.1.6 Verizon may order from OneEighty,in accordance with the rates,terms
and conditions set forth in this Agreement and applicable OneEighty
Tariff(s)(or in the absence of applicable rates,terms and conditions
set forth in this Agreement and OneEighty Tariff(s),in accordancewith
rates,terms and conditions to be negotiated by the Parties),any of the
methods for interconnection specified in Section 2.1.5 above.
2.2 Trunk Types.
2.2.1 In interconnecting their networks pursuant to this Attachment,the Parties
will use,as appropriate,the following separate and distinct trunk
groups:
2.2.1.1 InterconnectionTrunks for the transmission and routing of
Reciprocal Compensation Traffic,translated LEC IntraLATA
toll free service access code (e.g.,800/888/877)traffic,and
IntraLATA Toll Traffic,between their respective Telephone
Exchange Service Customers,Tandem Transit Traffic,and,
Measured Internet Traffic,all in accordance with Sections 5
through 8 of this Attachment;
2.2.1.2 Access Toll Connecting Trunks for the transmission and
routing of ExchangeAccess traffic,including translated
InterLATA toll free service access code (e.g.,800/888/877)
traffic,between OneEighty Telephone Exchange Service
Customers and purchasers of Switched ExchangeAccess
Service via a Verizon access Tandem in accordance with
Sections 9 through 11 of this Attachment;and
2.2.1.3 Miscellaneous Trunk Groups as mutually agreed to by the
Parties,including,but not limited to:(a)choke trunks for
traffic congestion and testing;and,(b)untranslated
IntraLATA/InterLATA 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 between
OneEighty ID Comp v2.3.doc 53
the Parties (e.g.,Directory Assistance Trunks,Operator Services
Trunks,BLV/BLVI Trunks).
2.2.3 Except as otherwise provided in this Agreement,the Parties will mutually
agree upon where One-Way Interconnection Trunks (trunks with traffic
going in one direction,including one-way trunks and uni-directional
two-way trunks)and/or Two-Way InterconnectionTrunks (trunks with
traffic going in both directions)will be deployed.
2.2.4 In the event the volume of traffic between a Verizon End Office and the
OneEighty network,which is carried by a Final Tandem
InterconnectionTrunk 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
betweenthe Verizon End Office and the OneEighty network;or,(b)if
Two-Way Interconnection Trunks are used,OneEighty shall promptly
submit an ASR to Verizon to establish new End Office Two-Way
InterconnectionTrunk group(s)between that Verizon End Office and
the OneEighty network.
2.2.5 Except as otherwise agreed in writing by the Parties,the total number of
Tandem Interconnection Trunks between OneEighty's network and a
Verizon Tandem will be limited to a maximum of 240 trunks.In the
event that the volume of traffic between OneEighty's network and a
Verizon Tandem exceeds,or reasonably can be expected to exceed,
the capacity of the 240 trunks,OneEighty shall promptly submit an
ASR to Verizon to establish new or additional End Office Trunks to
insure that the volume of traffic between OneEighty's network and the
Verizon Tandem does not exceed the capacity of the 240 trunks.
2.3 One-Way Interconnection Trunks.
2.3.1 Where the Parties have agreed to use One-Way InterconnectionTrunks
for the delivery of traffic from OneEighty to Verizon,OneEighty,at
OneEighty's own expense,shall:
2.3.1.1 provide its own facilities for delivery of the traffic to the
OneEighty Collocation arrangement at the Verizon-IP or to
the third-party Collocation arrangement used by OneEighty
at the Verizon-IP;and/or
2.3.1.2 obtain transport for delivery of the traffic to the OneEighty
Collocation arrangement at the Verizon-IP or to the third-
party Collocation arrangement used by OneEighty 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 OneEighty from Verizon
pursuant to Sections 2.1.3.3 and 2.1.4,and also order
multiplexing and transport from Verizon pursuant to
Sections 2.1.3.3 and 2.1.4.
OneEighty ID Comp v2.3.doc 54
2.3.1.3.1 For each Tandem One -Way Interconnection
Trunk group provided by Verizon to OneEighty
with a utilization level of less than sixty percent
(60%),unless the Parties agree otherwise,
OneEighty will promptly submit ASRs to
disconnect a sufficient number of
Interconnection Trunks to attain a utilization
level of approximately sixty percent (60%).
2.3.2 Where the Parties have agreed to use One-Way InterconnectionTrunks
for the delivery of traffic from Verizon to OneEighty,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 OneEighty-IP or to the third-party
Collocation arrangement used by Verizon at the OneEighty-
IP;or
2.3.2.2 obtain transport for delivery of the traffic to the Verizon
Collocation arrangement or interconnection arrangement at
the OneEighty-IP or to the third-party Collocation
arrangement used by Verizon at the OneEighty-IP (a)from
a third-party,or,(b)if OneEighty offers such transport
pursuant to this Agreement or an applicable OneEighty
Tariff,from OneEighty;or
2.3.2.3 order the One-Way Trunks from OneEighty in accordance
with the rates,terms and conditions set forth in this
Agreement and applicable OneEighty Tariffs for installation
on an Entrance Facility obtained by Verizon from OneEighty
pursuant to Sections 2.1.5.3 and 2.1.6,or obtain the One-
Way Trunks from a third-party that has established an
interconnection arrangement with OneEighty.
2.4 Two-Way Interconnection Trunks.
2.4.1 Where the Parties have agreed to use Two-Way InterconnectionTrunks
for the exchange of traffic between Verizon and OneEighty,OneEighty
shall order from Verizon,and Verizon shall provide,the Two-Way
Interconnection Trunks and the Entrance Facility,on which such
Trunks will ride,and transport and multiplexing,in accordance with the
rates,terms and conditions set forth in this Agreement and Verizon's
applicable Tariffs.
2.4.2 Prior to ordering any Two-Way InterconnectionTrunks from Verizon,
OneEighty 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 Interconnection Trunks and the interface specifications at the
Point of Interconnection (POI).Where the Parties have agreed to
convert existing One-Way Interconnection Trunks to Two-Way
Interconnection Trunks,at the Joint Planning Meeting,the Parties shall
also mutually agree on the conversion process and project intervalsfor
OneEighty ID Comp v2.3.doc 55
conversion of such One-Way Interconnection Trunks to Two-Way
Interconnection Trunks.
2.4.3 Two-Way Interconnection Trunks shall be from a Verizon End Office or
Tandem to a mutually agreed upon POl.
2.4.4 On a semi-annual basis,OneEighty shall submit a good faith forecast to
Verizon of the number of End Office and Tandem Two-Way
Interconnection Trunks that OneEighty anticipates Verizon will need to
provide during the ensuing two (2)year period to carry traffic from
OneEighty to Verizon and from Verizon to OneEighty.OneEighty'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
Interconnection Trunks to determine the need for new trunk groups
and to plan any necessary changes in the number of Two-Way
Interconnection Trunks.
2.4.6 Two-Way Interconnection Trunks shall have SS7 Common Channel
Signaling.The Parties agree to utilize B8ZS and Extended Super
Frame (ESF)DS1 facilities,where available.
2.4.7 With respect to End Office Two-Way Interconnection Trunks,both
Parties shall use an economic Centium Call Second (Hundred Call
Second)equal to five (5).
2.4.8 Two-Way Interconnection Trunk groups that connect to a Verizon access
Tandem shall be engineered using a design blocking objective of Neal-
Wilkenson B.005 during the average time consistent busy hour.Two-
Way Interconnection Trunk groups that connect to a Verizon local
Tandem shall be engineered using a design blocking objective of Neal-
Wilkenson B.01 during the average time consistent busy hour.Verizon
and OneEighty shall engineer Two-Way InterconnectionTrunks using
BOC Notes on the LEC Networks SR-TSV-002275.
2.4.9 The performance standard for final Two-Way InterconnectionTrunk
groups shall be that no such Interconnection Trunk group will exceed
its design blocking objective (B.005 or B.01,as applicable)for three (3)
consecutive calendar traffic study months.
2.4.10 OneEighty 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
Interconnection Trunk group.OneEighty shall order Two-Way
Interconnection Trunks 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.OneEighty 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
OneEighty ID Comp v2.3.doc 56
Trunk group and OneEighty has not notified Verizon that it has
corrected such blocking,Verizon may submit to OneEighty a Trunk
Group Service Request directing OneEighty to remedy the blocking.
Upon receipt of a Trunk Group Service Request,OneEighty will
complete an ASR to augment the Two-Way InterconnectionTrunk
Group with excessive blocking and submit the ASR to Verizon within
five (5)Business Days.
2.4.12 The Parties will review all Tandem Two-Way Interconnection Trunk
groups that reach a utilization level of seventy percent (70%),or
greater,to determine whether those groups should be augmented.
OneEighty 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
Interconnection Trunk group with a utilization level of less than sixty
percent (60%),unless the Parties agree otherwise,OneEighty will
promptly submit ASRs to disconnect a sufficient number of
Interconnection Trunks to attain a utilization level of approximately
sixty percent (60%)for each respective group,unless the Parties agree
that the Two-Way Interconnection Trunks should not be disconnected.
In the event OneEighty fails to submit an ASR for Two-Way
Interconnection Trunks in conformance with this section,Verizon may
bill OneEighty for the excess InterconnectionTrunks at the applicable
Verizon rates.
2.4.13 BecauseVerizon will not be in control of when and how many Two-Way
Interconnection Trunks are established between its network and
OneEighty's network,Verizon's performance in connection with these
Two-Way Interconnection Trunk groups shall not be subject to any
performance measurements and remedies under this Agreement,and,
except as otherwise required by Applicable Law,under any FCC or
Commission approved carrier-to-carrier 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 Interconnection Trunk group and install One-Way
Interconnection Trunks to the other Party's relevant POI,providedthat,
if a Party has failed to comply with this Agreement with regard to Two-
Way Interconnection Trunks,the other Party may upon three (3)
months prior written notice and without mutual agreement of the non-
complying Party,withdraw its traffic from a Two-Way Interconnection
Trunk group and install One-Way Interconnection Trunks to the non-
complying Party's relevant POl.
2.4.15 OneEighty will route its traffic to Verizon over the End Office and
Tandem Two-Way Interconnection Trunks in accordance with SR-TAP-
000191,including but not limited to those standards requiring that a
call from OneEighty to a Verizon End Office will first be routed to the
End Office InterconnectionTrunk group between OneEighty and the
Verizon End Office.
2.4.16 When the Parties implement Two-Way Interconnection Trunks,the
Parties will work cooperatively to calculate a Proportionate Percentage
of Use ("PPU")factor for each facility on which the Two-Way
OneEighty ID Comp v2.3.doc 57
InterconnectionTrunks ride,based on the total number of minutes of
traffic that each Party sends over the Two-Way InterconnectionTrunks
riding on that facility.OneEighty will pay a percentage of Verizon's
monthly recurring charges for each facility on which the Two-Way
interconnection Trunks ride equal to OneEighty'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 OneEighty's
side of OneEighty's-IP,which charges shall be solely the financial
responsibility of OneEighty.During the first full calendarquarter (and
any partial calendar quarter preceding such first full calendar quarter)
after the first Two-Way Interconnection Trunk 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
recalculatethe PPU using actual traffic usage data for the preceding
calendar quarter.
Non-recurring charges for the facility on which the Two-Way
InterconnectionTrunks ride shall be apportioned as follows:(a)for the
portion of the facility on Verizon's side of the OneEighty-IP,OneEighty
shall pay fifty percent (50%)of the Verizon non-recurring charges;
and,(b)for the portion of the facility on OneEighty's side of the
OneEighty-IP,OneEighty shall be solely responsiblefor the non-
recurring charges.
Notwithstanding the foregoing provisions of this Section 2.4.16,if
OneEighty fails to provide OneEighty-IPs in accordancewith this
Agreement,OneEighty will be responsible for one hundred percent
(100%)of all recurring and non-recurring charges associated with
Two-Way InterconnectionTrunk groups until OneEighty establishes
such OneEighty-lPs.
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 agree to establish an End Point Fiber
Meet arrangement,which may include a SONET backbone with an optical
interface at the OC-n level in accordance with the terms of this Section.The
Fiber Distribution Frame at the OneEighty location shall be designated as the
POI for both Parties.
3.2 The establishment of any End Point Fiber Meet arrangement is expressly
conditioned upon the Parties'reaching prior written agreement on routing,
appropriate sizing and forecasting,equipment,ordering,provisioning,
maintenance,repair,testing,augment,and compensation,procedures and
arrangements,reasonable distance limitations,and on any other arrangements
necessaryto implement the End Point Fiber Meet arrangement.
3.3 Except as otherwise agreed by the Parties,End Point Fiber Meet arrangements
shall be used only for the termination of Reciprocal Compensation Traffic,
Measured Internet Traffic,and IntraLATAToll Traffic.
4.Initiating Interconnection
4.1 If OneEighty determines to offer Telephone Exchange Services and to
interconnect with Verizon in any LATA in which Verizon also offers Telephone
Exchange Services and in which the Parties are not already interconnected
OneEighty ID Comp v2.3.doc 58
pursuant to this Agreement,OneEighty shall provide written notice to Verizon of
the need to cstablish interconnection in such LATA pursuant to this Agreement.
4.2 The notice provided in Section 4.1 shall include (a)the initial Routing Point(s);(b)
the applicable OneEighty-IPs to be established in the relevant LATA in
accordance with this Agreement;(c)OneEighty's intended Interconnection
activation date;(d)a forecast of OneEighty's trunking requirements conforming to
Section 14.3;and (e)such other information as Verizon shall reasonably request
in order to facilitate Interconnection.
4.3 The interconnection activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Verizon of all necessary information as indicated
above.Within ten (10)Business Days of Verizon's receipt of OneEighty's notice
provided for in Section 4.1,Verizon and OneEighty shall confirm the Verizon-
IP(s),the OneEighty-IP(s)and the mutually agreed upon Interconnection
activation date for the new LATA.
5.Transmission and Routing of Telephone Exchange Service Traffic
5.1 Scope of Traffic.
Section 5 prescribes parameters for InterconnectionTrunks used for
Interconnectionpursuant to Sections 2 through 4 of this Attachment.
5.2 Trunk Group Connections and Orderinq.
5.2.1 For One-Way or Two-Way Interconnection Trunks,both Parties shall use
either a DS-1 or DS-3 facilities interface at the POI.When and where
an STS-1 interface is available,the Parties may agree to use such an
interface.Upon mutual agreement,the Parties may agree to use an
optical interface (such as OC-n).
5.2.2 When One-Way or Two-Way Interconnection Trunks are provisioned
using a DS-3 interface facility,then OneEighty shall order the
multiplexed DS-3 facilities to the Verizon Central Office that is
designated in the NECA 4 Tariff as an Intermediate Hub location,
unless otherwise agreed to in writing by Verizon.The specific NECA 4
Intermediate Hub location to be used for One-Way or Two-Way
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 OneEighty shall pay 100%of the
facility charges for the One-Way or Two-Way Interconnection Trunks.
5.2.3 Each Party will identify its Carrier identification Code,a three or four digit
numeric code obtained from Telcordia,to the other Party when
ordering a trunk group.
5.2.4 Unless mutually agreed to by both Parties,each Party will outpulse ten
(10)digits to the other Party.
5.2.5 Each Party will use commercially reasonable efforts to monitor trunk
groups under its control and to augment those groups using generally
accepted trunk engineering standards so as to not exceed blocking
objectives.Each Party agrees to use modular trunk engineering
techniques for trunks subject to this Attachment.
5.3 Switchinq System Hierarchy and Trunkinq Requirements.
OneEighty ID Comp v2.3.doc 59
For purposes of routing OneEighty trailic to Veri2.on,the subtending
arrangements betweenVerizon Tandem Switches and Verizon End Office
Switches shall be the same as the Tandem/End Office subtendingarrangements
Verizon maintains for the routing of its own or other carriers'traffic.For purposes
of routing Verizon traffic to OneEighty,the subtending arrangements between
OneEighty Tandem Switches and OneEighty End Office Switches shall be the
same as the Tandem/End Office subtending arrangementsthat OneEighty
maintains for the routing of its own or other carriers'traffic.
5.4 Siqnalinq.
Each Party will provide the other Party with access to its databases and
associated signaling necessary for the routing and completion of the other
Party's traffic in accordance with the provisions contained in the Unbundled
Network Element Attachment or applicable access tariff.
5.5 Grades of Service.
The Parties shall initially engineer and shall monitor and augment all trunk
groups consistent with the Joint Process as set forth in Section 14.1.
6.Traffic Measurement and Billing over InterconnectionTrunks
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
Interconnection Trunks.
6.1.1 As used in this Section 6,"Traffic Rate"means the applicable Reciprocal
Compensation Traffic rate,Measured Internet Traffic rate,intrastate
Switched Exchange Access Service rate,interstate Switched
Exchange Access Service rate,or intrastatelinterstateTandem Transit
Traffic rate,as provided in the Pricing Attachment,an applicable Tariff,
or,for Measured Internet Traffic,the FCC Internet Order.
6.1.2 If the originating Party passes CPN on ninety-five percent (95%)or more
of its calls,the receiving Party shall bill the originating Party the Traffic
Rate applicable to each relevant minute of traffic for which CPN is
passed.For any remaining (up to 5%)calls without CPN information,
the receiving Party shall bill the originating Party for such traffic at the
Traffic Rate applicable to each relevant minute of traffic,in direct
proportion to the minutes of use of calls passed with CPN information.
6.1.3 If the originating Party passes CPN on less than ninety-five percent
(95%)of its calls and the originating Party chooses to combine
ReciprocalCompensation Traffic and Toll Traffic on the same trunk
group,the receiving Party shall bill the higher of its interstate Switched
Exchange Access Service rates or its intrastate Switched Exchange
Access Services rates for all traffic that is passed without CPN,unless
the Parties agree that other rates should apply to such traffic.
6.2 At such time as a receiving Party has the capability,on an automated basis,to
use such CPN to classify traffic delivered over InterconnectionTrunks by the
other Party by Traffic Rate type (e.g.,Reciprocal Compensation Traffic/Measured
Internet Traffic,intrastate Switched Exchange Access Service,interstate
Switched Exchange Access Service,or intrastatelinterstate Tandem Transit
Traffic),such receiving Party shall bill the originating Party the Traffic Rate
applicable to each relevant minute of traffic for which CPN is passed.If the
OneEighty ID Comp v2.3.doc 60
receiving Party lacks the capability,on an automated basis,to use CPN
informationon an automated basis to classify traffic 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 purposes of
determining terminating compensation shall be in conversation seconds (the time
in seconds that the Parties equipment is used for a completed call,measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originating toll free service access code (e.g.,
800/888/877)calls shall be in accordance with applicable Tariffs.Determinations
as to whether traffic is Reciprocal Compensation Traffic or Measured Internet
Traffic shall be made in accordance with Section 7.3.2.1 below.
6.3 Each Party reserves the right to audit all Traffic,up to a maximum of two audits
per calendar year,to ensure that rates are being applied appropriately;provided,
however,that either Party shall have the right to conduct additional audit(s)if the
preceding audit disclosed material errors or discrepancies.Each Party agrees to
provide the necessary Traffic data in conjunction with any such audit in a timely
manner.
6.4 Nothing in this Agreement shall be construed to limit either Party's ability to
designate the areas within which that Party's Customers may make calls which
that Party rates as "local"in its Customer Tariffs.
7.Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5)of the Act
7.1 Reciprocal Compensation Traffic Interconnection Points.
7.1.1 Except as otherwise agreed by the Parties,the InterconnectionPoints
("lPs")from which OneEighty will provide transport and termination of
Reciprocal Compensation Traffic to its Customers ("OneEighty-IPs")
shall be as follows:
7.1.1.1 For each LATA in which OneEighty requests to interconnect
with Verizon,except as otherwise agreed by the Parties,
OneEighty shall establish a OneEighty IP in each Verizon
Local Calling Area (as defined below)where OneEighty
chooses to assign telephone numbers to its Customers.
OneEighty shall establish such OneEighty-IP consistent
with the methods of interconnectionand interconnection
trunking architectures that it will use pursuantto 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 OneEighty 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)OneEighty 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 purchasessuch
OneEighty ID Comp v2.3.doc 61
transport from OneEighty or a third party),from the
originating Verizon End Office to the receiving OneEighty-
IP.
7.1.1.2 At any time that OneEighty establishes a Collocation site at
a Verizon End Office Wire Center in a LATA in which
OneEighty is interconnected or requesting interconnection
with Verizon,either Party may request in writing that such
OneEighty Collocation site be established as the
OneEighty-IP for traffic originated by Verizon Customers
served by that End Office.Upon such request,the Parties
shall negotiate in good faith mutually acceptable
arrangements for the transition to such OneEighty-IP.If the
Parties have not reached agreement on such arrangements
within thirty (30)days,(a)either Party may pursue available
dispute resolution mechanisms;and,(b)OneEighty 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 OneEighty or a third
party),from the originating Verizon End Office to the
receiving OneEighty-IP.
7.1.1.3 In any LATA where the Parties are already interconnected
prior to the effective date of this Agreement,OneEighty may
maintain existing CLEC-IPs,except that Verizon may
request in writing to transition such OneEighty-IPsto the
OneEighty-IPs described in subsections 7.1.1.1 and 7.1.1.2,
above.Upon such request,the Parties shall negotiate
mutually satisfactory arrangements for 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)
OneEighty shall bill and Verizon shall pay only the lesser of
the negotiated intercarrier compensation rate or the End
Office reciprocal compensation rate for relevant traffic,less
Verizon's transport rate,tandem switching rate (to the
extent traffic is tandem switched),and other costs (to the
extent that Verizon purchases such transport from
OneEighty or a third party),from Verizon's originating End
Office to the OneEighty IP.
7.1.2 Except as otherwise agreed by the Parties,the Interconnection Points
("lPs")from which Verizon will provide transport and termination of
Reciprocal Compensation Traffic to its Customers ("Verizon-IPs")shall
be as follows:
7.1.2.1 For Reciprocal Compensation Traffic delivered by
OneEighty to the Verizon Tandem subtended by the
terminating End Office serving the Verizon Customer,the
Verizon-IP will be the Verizon Tandem switch.
7.1.2.2 For Reciprocal Compensation Traffic delivered by
OneEighty to the Verizon terminating End Office serving the
OneEighty ID Comp v2.3.doc 62
Verizon Customer,the Verizon-IP will be Verizon End Office
switch.
7.1.3 Should either Party offer additional IPs to any Telecommunications
Carrier that is not a Party to this Agreement,the other Party may elect
to deliver traffic to such IPs for the NXXs or functionalities served by
those IPs.To the extent that any such OneEighty-IP is not located at a
Collocation site at a Verizon Tandem Wire Center or Verizon End
Office Wire Center,then OneEighty shall permit Verizon to establish
physical Interconnectionthrough collocation or other operationally
comparable arrangements acceptable to Verizon at the OneEighty-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 other for the transport and termination of
ReciprocalCompensation Traffic delivered to the terminating Party in accordance
with Section 251(b)(5)of the Act at the rates stated in the Pricing Attachment.
These rates are to be applied at the OneEighty-lP for traffic delivered by Verizon
for termination by OneEighty,and at the Verizon-IP for traffic delivered by
OneEightyfor 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 Reciprocal Compensation Traffic delivered to the Verizon-IP by
OneEighty or the OneEighty-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 related to the delivery of Toll
Traffic from the IP to an end user shall be prorated to be applied only to the Toll
Traffic.The designation of traffic as Reciprocal Compensation Traffic for
purposes of Reciprocal Compensation shall be based on the actual originating
and terminating points of the complete end-to-end communication.
7.3 Traffic Not Subject to Reciprocal Compensation.
7.3.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access,Information Access,or exchange services for
Exchange Access or Information Access.
7.3.2 Reciprocal Compensation shall not apply to Internet Traffic.
7.3.2.1 The determination of whether traffic is Reciprocal
Compensation Traffic or Internet Traffic shall be performed
in accordance with Paragraphs 8 and 79,and other
applicable provisions,of the FCC Internet Order (including,
but not limited to,in accordance with the rebuttable
presumption established by the FCC InternetOrder that
traffic delivered to a carrier that exceeds a 3:1 ratio of
terminating to originating traffic is Internet Traffic,and in
accordance with the process established by the FCC
Internet Order for rebutting such presumption before the
Commission).
7.3.3 Reciprocal Compensation shall not apply to Toll Traffic,including,but not
limited to,calls originated on a 1+presubscription basis,or on a casual
dialed (10XXX/101XXXX)basis.
OneEighty ID Comp v2.3.doc 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,private line,
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 Information Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
7.4 The Reciprocal Compensation rates (including,but not limited to,the Reciprocal
Compensation per minute of use charges)billed by OneEighty to Verizon shall
not exceed the Reciprocal Compensation rates (including,but not limited to,
Reciprocal Compensation per minute of use charges)billed by Verizon to
OneEighty.
8.Other Types of Traffic
8.1 Notwithstanding any other provision of this Agreement or any Tariff:(a)the
Parties'rights and obligations with respect to any intercarrier compensation that
may be due in connection with their exchange of InternetTraffic shall be
governed by the terms of the FCC Internet Order and other applicable FCC
orders and FCC Regulations;and,(b)a Party shall not be obligated to pay any
intercarrier compensation for Internet Traffic that is in excess of the intercarrier
compensation for Internet Traffic that such Party is required to pay under the
FCC Internet Order and other applicable FCC orders and FCC Regulations.
8.2 Subjectto Section 8.1 above,interstate and intrastate Exchange Access,
Information Access,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 OneEighty to
Verizon,OneEighty 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 OneEighty.
8.4 Any traffic not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic.
8.5 Interconnection Points.
8.5.1 The IP of a Party ("Receiving Party")for Measured Internet Traffic
delivered to the Receiving Party by the other Party shall be the same
as the IP of the Receiving Party for Reciprocal Compensation Traffic
under Section 7.1 above.
8.5.2 Except as otherwise set forth in the applicable Tariff of a Party
("Receiving Party")that receives Toll 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.
8.5.3 The IP for traffic exchanged between the Parties that is not Reciprocal
Compensation Traffic,Measured Internet Traffic or Toll Traffic,shall be
as specified in the applicable provisions of this Agreement or the
OneEighty ID Comp v2.3.doc 64
applicable Tariff of the receiving Party,or in the absence of applicable
provisions in this Agreement or a Tariff of the receiving Party,as
mutually agreed by the Parties.
9.Transmission and Routing of Exchange Access Traffic
9.1 Scope of Traffic.
Section 9 prescribes parameters for certain trunks to be established over the
interconnections specified in Sections 2 through 5 of this Attachment for the
transmission and routing of traffic between OneEighty Telephone Exchange
Service Customers and InterexchangeCarriers ("Access Toll Connecting
Trunks"),in any case where OneEighty elects to have its End Office Switch
subtend a Verizon Tandem.This includes casually-dialed (1010XXX and
101XXXX)traffic.
9.2 Access Toll Connectinq Trunk Group Architecture.
9.2.1 If OneEighty chooses to subtend a Verizon access Tandem,OneEighty's
NPA/NXX must be assigned by OneEighty to subtend the same
Verizon access Tandem that a Verizon NPA/NXX serving the same
Rate Center Area subtends as identified in the LERG.
9.2.2 OneEighty shall establish Access Toll Connecting Trunks pursuantto
applicable access Tariffs by which it will provide Switched Exchange
Access Services to Interexchange Carriers to enable such
Interexchange Carriers to originate and terminate traffic to and from
OneEighty's Customers.
9.2.3 The Access Toll Connecting Trunks shall be two-way trunks.Such
trunks shall connect the End Office OneEighty 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 OneEighty's Customers to
connect to or be connected to the interexchange trunks of any
InterexchangeCarrier which is connected to a Verizon access tandem.
10.Meet-Point Billing Arrangements
10.1 OneEighty and Verizon will establish Meet-Point Billing (MPB)arrangements in
order to provide a common transport option to Switched Exchange Access
Services customers via a Verizon access Tandem Switch in accordance with the
Meet Point Billing guidelines contained in the OBF's MECAB and MECOD
documents,except as modified herein,and in Verizon's applicable Tariffs.The
arrangements described in this Section 10 are intended to be used to provide
Switched Exchange Access Service where the transport component of the
Switched Exchange Access Service is routed through an access Tandem Switch
that is provided by Verizon.
10.2 In each LATA,the Parties shall establish MPB arrangements for the applicable
OneEighty 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.
OneEighty ID Comp v2.3.doc 65
10.4 OneEighty and Verizon will use reasonable efforts,individually and collectively,
to maintain provisions in their respective state access Tadffs,and/or provisions
within the National Exchange Carrier Association (NECA)Tariff No.4,or any
successor Tariff sufficient to reflect the MPB arrangements established pursuant
to this Agreement.
10.5 In general,there are four alternative Meet-Point Billing arrangements possible,
which are:Single Bill/Single Tariff,Multiple Bill/Single Tariff,Multiple Bill/Multiple
Tariff,and Single Bill/Multiple Tariff,as outlined in the OBF MECAB Guidelines.
Each Party shall implement the "Multiple Bill/Single Tariff"or "Multiple Bill/Multiple
Tariff"option,as appropriate,in order to bill an IXC for the portion of the MPB
arrangement provided by that Party.Alternatively,in former Bell Atlantic service
areas,upon agreement of the Parties,each Party may use the New York State
Access Pool on its behalf to implement the Single Bill/MultipleTariff or Single
Bill/Single Tariff option,as appropriate,in order to bill an IXC for the portion of
the MPB arrangement provided by that Party.
10.6 The rates to be billed by each Party for the portion of the MPB arrangement
provided by it shall be as set forth in that Party's applicable Tariffs,or other
document that contains the terms under which that Party's access services are
offered.For each OneEighty Routing Point/Verizon Serving Wire Center
combination,the MPB billing percentages for transport betweenthe OneEighty
Routing Point and the Verizon Serving Wire Center shall be calculated in
accordance with the formula set forth in Section 10.17.
10.7 Each Party shall provide the other Party with the billing name,billing address,
and Carrier Identification Code (CIC)of the IXC,and identification of the Verizon
Wire Center serving the IXC in order to comply with the MPB notification process
as outlined in the MECAB document.
10.8 Verizon shall provide OneEighty with the Switched Access Detail Usage Data
(EMI category 1101XX records)on magnetic tape or via such other media as the
Parties may agree to,no later than ten (10)Business Days after the date the
usage occurred.
10.9 OneEighty shall provide Verizon with the Switched Access Summary Usage Data
(EMI category 1150XX records)on magnetic tape or via such other media as the
Parties may agree,no later than ten (10)Business Days afterthe date of its
rendering of the bill to the relevant IXC,which bill shall be rendered no less
frequently than monthly.
10.10 AII usage data to be provided pursuant to Sections 10.8 and 10.9 shalf be sent to
the following addresses:
To OneEighty:
Network Operations
118 North Stevens
Spokane,Washington 99201
For Verizon (Former GTE service area):
Verizon Data Services
ATTN:MPB
1 East Telecom Parkway
OneEighty ID Comp v2.3.doc 66
Dock K
Temple Terrace,FL 33637
Either Party may change its address for receiving usage data by notifying the
other Partÿ in writing pursuantto Section 29 of the General Terms and
Conditions.
10.11 OneEighty and Verizon shall coordinate and exchange the billing account
reference (BAR)and billing account cross reference (BACR)numbers or
Operating Company Number ("OCN"),as appropriate,for the MPB arrangements
described in this Section 10.Each Party shall notify the other if the level of billing
or other BAR/BACR elements change,resulting in a new BAR/BACR number,or
if the OCN changes.
10.12 Each Party agrees to provide the other Party with notification of any errors it
discovers in MPB data within thirty (30)calendar days of the receipt of the
original data.The other Party shall attempt to correct the error and resubmit the
data within ten (10)Business Days of the notification.In the event the errors
cannot be corrected within such ten-(10)Business-Day period,the erroneous
data will be considered lost.In the event of a loss of data,whether due to
uncorrectable errors or otherwise,both Parties shall cooperate to reconstruct the
lost data and,if such reconstruction is not possible,shall accept a reasonable
estimate of the lost data based upon prior usage data.
10.13 Either Party may request a review or audit of the various components of access
recording up to a maximum of two (2)audits per calendar year.All costs
associated with each review and audit shall be borne.by the requesting Party.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours.A Party may conduct
additional audits,at its expense,upon the other Party's consent,which consent
shall not be unreasonably withheld.
10.14 Except as expressly set forth in this Agreement,nothing contained in this Section
10 shall create any liability for damages,losses,claims,costs,injuries,expenses
or other liabilities whatsoever on the part of either Party.
10.15 MPB will apply for all traffic bearing the 500,900,toll free service access code
(e.g.800/888/877)(to the extent provided by an IXC)or any other non-
geographic NPA which may be designated for such traffic in the future.
10.16 In the event OneEighty determines to offer Telephone Exchange Services in a
LATA in which Verizon operates an access Tandem Switch,Verizon shall permit
and enable OneEighty to subtend the Verizon access Tandem Switch(es)
designatedfor the Verizon End Offices in the area where there are located
OneEighty Routing Point(s)associated with the NPA NXX(s)to/from which the
Switched Exchange Access Services are homed.
10.17 Except as otherwise mutually agreed by the Parties,the MPB billing percentages
for each Routing Point/Verizon Serving Wire Center combination shall be
calculated according to the following formula,unless as mutually agreed to by the
Parties:
a /(a +b)=OneEighty Billing Percentage
and
b /(a +b)=Verizon Billing Percentage
OneEighty ID Comp v2.3.doc 67
where:
a =the airline mileage between OneEighty Routing Point and the
actual poiñt of interconnection for the MPB arrangement;and
b =the airline mileage between the Verizon Serving Wire Center and
the actual point of interconnection for the MPB arrangement.
10.18 OneEighty shall inform Verizon of each LATA in which it intends to offer
Telephone Exchange Services and its calculation of the billing percentages
which should apply for such arrangement.Within ten (10)Business Days of
OneEighty's delivery of notice to Verizon,Verizon and OneEighty shall confirm
the Routing Point/Verizon Serving Wire Center combination and billing
percentages.
11.Toll Free Service Access Code (e.g.,800/888/877)Traffic
The following terms shall apply when either Party delivers toll free service access code
(e.g.,800/877/888)("8YY")calls to the other Party.For the purposes of this Section 11,
the terms "translated"and "untranslated"refers to those toll free service access code
calls that have been queried ("translated")or have not been queried ("untransfated")to
an 8YY database.Except as otherwise agreed to by the Parties,all OneEighty
originating "untranslated"8YY traffic will be routed over a separate one-way trunk group.
11.1 When OneEighty delivers translated 8YY calls to Verizon for completion,
11.1.1 to an IXC,OneEighty 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 OneEighty 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,OneEighty shall:
11.1.2.1 provide an appropriate EMI record to the toll free service
access code service provider;and
11.1.2.2 bill to the toll free service access code service provider the
OneEighty's Tariffed Feature Group D ("FGD")Switched
Exchange Access or Reciprocal Compensation charges,as
applicable,and the OneEighty query charge;and
11.1.2.3 Verizon shall bill applicable Tandem Transit Service
charges and associated passthrough charges to OneEighty.
11.2 When Verizon performs the query and delivers translated 8YY calls,originated
by Verizon's or another LEC's Customer,
11.2.1 to OneEighty in it's capacity as a toll free service access code service
provider,Verizon shall:
OneEighty ID Comp v2.3.doc 68
11.2.1.1 bill OneEighty the Verizon query charge associated with the
call as specified in the Pricing Attachment;and
11.2.1.2 provide an appropriate EMI recordto OneEighty;and
11.2.1.3 bill OneEighty Verizon's Tariffed FGD Switched Exchange
Access or Reciprocal Compensationcharges as applicable.
11.3 When OneEighty: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 IXC;and
11.3.1.2 provide an appropriate EMI record to OneEighty to facilitate
billing to the IXC;and
11.3.1.3 bill the IXC the Verizon query charge associated with the
call and any other applicable Verizon charges.
11.3.2 to Verizon or another LEC that is a toll free service access code service
provider in the LATA,Verizon shall:
11.3.2.1 query the call and route the call to the appropriate LEC toll
free service access code service provider;and
11.3.2.2 provide an appropriate EMI record to OneEighty;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
OneEighty.
12.Tandem Transit Traffic
12.1 As used in this Section 12,Tandem Transit Traffic is Telephone Exchange
Service traffic that originates on OneEighty's network,and is transported through
a Verizon Tandem to the Central Office of a CLEC,ILEC other than Verizon,
Commercial Mobile Radio Service (CMRS)carrier,or other LEC,that subtends
the relevant Verizon Tandem to which OneEighty 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
Local Exchange Routing Guide (LERG).Switched ExchangeAccess Service
traffic is not Tandem Transit Traffic.
12.2 Tandem Transit Traffic Service provides OneEighty with the transport of Tandem
Transit Traffic as provided below.
12.3 Tandem Transit Traffic may be routed over the InterconnectionTrunks described
in Sections 2 through 6.OneEighty shall deliver each Tandem Transit Traffic call
to Verizon with CCS and the appropriate Transactional Capabilities Application
Part ("TCAP")message to facilitate full interoperability of CLASS Features and
billing functions.
OneEighty ID Comp v2.3.doc 69
12.4 OneEighty 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
OneEightÿ does not enter into and provide notice to Verizon of the above
referenced arrangement within 180 days of the initial traffic exchange with
relevant third party carriers,then Verizon may,at its sole discretion,terminate
Tandem Transit Service at anytime upon thirty (30)days written notice to
OneEighty.
12.5 OneEighty shall pay Verizon for Transit Service that OneEighty originates at the
rate specified in the Pricing Attachment,plus any additional charges or costs the
receiving CLEC,ILEC ,CMRS carrier,or other LEC,imposes or levies on
Verizon for the delivery or termination of such traffic,including any Switched
ExchangeAccess Service charges.
12.6 Verizon will not provide Tandem Transit Traffic Service for Tandem Transit
Traffic to be delivered to a CLEC,ILEC,CMRS carrier,or other LEC,if the
volume of Tandem Transit Traffic to be delivered to that carrier exceeds one (1)
DS1 level volume of calls.
12.7 If or when a third party carrier's Central Office subtends a OneEighty Central
Office,then OneEighty shall offer to Verizon a service arrangement equivalentto
or the same as Tandem Transit Service provided by Verizon to OneEighty 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 OneEighty
Central Office ("ReciprocalTandem Transit Service").OneEighty 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 construed to limit or otherwise adversely
affect in any manner either Party's right to employ or to request and be assigned
any Central Office Codes ("NXX")pursuant to the Central Office Code
Assignment Guidelines and any relevant FCC or Commission orders,as may be
amended from time to time,or to establish,by Tariff or otherwise,Rate Center
Areas and Routing Points corresponding to such NXX codes.
13.2 It shall be the responsibility of each Party to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in orderto recognize and route traffic to the other Party's assigned
NXX codes.Except as expressly set forth in this Agreement,neither Party shall
impose any fees or charges whatsoever on the other Party for such activities.
13.3 Unless otherwise required by Commission order,the Rate Center Areas will be
the same for each Party.During the term of this Agreement,OneEighty shall
adopt the Rate Center Area and Rate Center Points that the Commission has
approved for Verizon within the LATA and Tandem serving area.OneEighty
shall assign whole NPA-NXX codes to each Rate Center Area unless otherwise
ordered by the FCC,the Commission or another governmental entity of
appropriate jurisdiction,or the LEC industry adopts alternative methods of
utilizing NXXs.
OneEighty ID Comp v2.3.doc 70
13.4 OneEighty will also designate a Routing Point for each assigned NXX code.
OneEighty shall designate one location for each Rate Center Area in which the
OneEighty has established NXX code(s)as the Routing Point for the NPA-NXXs
associated with that Rate Center Area,and such Routing Point shall be within the
same LATA as the Rate Center Area but not necessarily within the Rate Center
Area itself.Unless specified otherwise,calls to subsequent NXXs of OneEighty
will be routed in the same manner as calls to OneEighty's initial NXXs.
13.5 Notwithstanding anything to the contrary contained herein,nothing in this
Agreement is intended,and nothing in this Agreement shall be construed,to in
any way constrain OneEighty's choices regarding the size of the local calling
area(s)that OneEighty may establish for its Customers,which local calling areas
may be largerthan,smaller than,or identical to Verizon's local calling areas.
14.Joint Network Implementationand Grooming Process;and Installation,
Maintenance,Testing and Repair
14.1 Joint Network Implementation and Groominq Process.
Upon request of either Party,the Parties shall jointly develop an implementation
and grooming process (the "Joint Grooming Process"or "Joint Process")which
may define and detail,inter alia:
14.1.1 standards to ensure that InterconnectionTrunks experience a grade of
service,availability and quality which is comparable to that achieved
on interoffice trunks within Verizon's network and in accord with all
appropriate relevant industry-accepted quality,reliability and
availability standards.Except as otherwise stated in this Agreement,
trunks provided by either Party for Interconnection services will be
engineered using a design-blocking objective of B.01.
14.1.2 the respective duties and responsibilities of the Parties with respect to
the administration and maintenance of the trunk groups,including,but
not limited to,standards and procedures for notification and
discoveries of trunk disconnects;
14.1.3 disaster recovery provision escalations;
14.1.4 additional technically feasible and geographically relevant IP(s)in a
LATA as provided in Section 2;and
14.1.5 such other matters as the Parties may agree,including,e.g.,End Office
to End Office high usage trunks as good engineering practices may
dictate.
14.2 Installation,Maintenance,Testinq and Repair.
Unless otherwise agreed in writing by the Parties,to the extent required by
Applicable Law,Interconnection provided by a Party shall be equal in quality to
that provided by such Party to itself,any subsidiary,affiliates or third party.If
either Party is unable to fulfill its obligations under this Section 14.2,it shall notify
the other Party of its inability to do so and will negotiate alternative intervals in
good faith.The Parties agree that to the extent required by Applicable Law,the
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.
OneEighty ID Comp v2.3.doc 71
14.3 Forecastinq Requirements for Trunk Provisioninq.
Within ninety (90)days of executing this Agreement,OneEighty shall provide
Verizon a two (2)year traffic forecast.This initial forecast will provide the amount
of traffic to be delivered to and from Verizon over each of the Interconnection
Trunk groups over the next eight (8)quarters.The forecast shall be updated and
provided to Verizon on an as-needed basis but no less frequently than
semiannually.All forecasts shall comply with the Verizon CLEC Interconnection
Trunking ForecastGuide and shall include,at a minimum,Access Carrier
Terminal Location (ACTL),traffic type (Reciprocal Compensation TrafficfToll
Traffic,Operator Services,911,etc.),code (identifiestrunk group),A location/Z
location (CLLIcodes for OneEighty-IPs and Verizon-lPs),interface type (e.g.,
DS1),and trunks in service each year (cumulative).
14.3.1 Initial Forecasts(TrunkinqRequirements.Because Verizon's trunking
requirements will,at least during an initial period,be dependent on the
Customer segments and service segments within Customer segments
to whom OneEighty decides to market its services,Verizon will be
largely dependent on OneEighty 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 OneEightyas OneEighty
provides to terminate Reciprocal Compensation Traffic to Verizon.At
Verizon's discretion,when OneEighty expressly identifies particular
situations that are expected to produce traffic that is substantially
skewed in either the inbound or outbound direction,Verizon will
provide the number of trunks OneEighty suggests;provided,however,
that in all cases Verizon's provision of the forecasted number of trunks
to OneEighty is conditioned on the following:that such forecast is
based on reasonable engineering criteria,there are no capacity
constraints,and OneEighty's previous forecasts have proven to be
reliable and accurate.
14.3.1.1 Monitorinq and Adjustinq Forecasts.Verizon will,for ninety
(90)days,monitor traffic on each trunk group that it
establishes at OneEighty's suggestion or request pursuant
to the procedures identified in Section 14.3.At the end of
such ninety-(90)day period,Verizon may disconnect trunks
that,based on reasonable engineering criteria and capacity
constraints,are not warranted by the actual traffic volume
experienced.If,after such initial ninety (90)day period for a
trunk group,Verizon determines that any trunks in the trunk
group in excess of two (2)DS-is are not warranted by
actual traffic volumes (considering engineering criteria for
busy Centium Call Second (Hundred Call Second)and
blocking percentages),then Verizon may hold OneEighty
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 OneEighty
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 OneEighty financially responsiblefor
OneEighty ID Comp v2.3.doc 72
the excess facilities.At any time during the relevant ninety-
(90)day period,OneEighty may requestthat Verizon
disconnect trunks to meet a revisedforecast.In such
instances,Verizon may hold OneEighty financially
responsible for the disconnected trunks retroactive to the
start of the ninety (90)day period through the date such
trunks are disconnected.
15.Number Portability -Section 251(B)(2)
15.1 Scope.
The Parties shall provide Number Portability (NP)in accordance with rules and
regulations as from time to time prescribed by the FCC.
15.2 Procedures for 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 network to Party B's network.
15.2.2 When a telephone number is ported out of Party A's network,Party A will
remove any non-proprietary line based calling card(s)associated with
the ported number(s)from its Line Information Database (LIDB).
Reactivation of the line-based calling card in another LIDB,if desired,
is the responsibility of Party B or Party B's Customer.
15.2.3 When a Customer of Party A ports their telephone numbers to Party B
and the Customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point,these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reservedfor
the Customer.Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B.As long as Party B maintains reserved but
inactive numbers ported for the Customer,Party A shall not reassign
those numbers.Party B shall not reassign the reserved numbers to
another Customer.
15.2.4 When a Customer of Party A ports their telephone numbersto Party B,in
the process of porting the Customer's telephone numbers,Party A
shall implement the ten-digit trigger feature where it is available.When
Party A receives the porting request,the unconditional trigger shall be
applied to the Customer's line before the due date of the porting
activity.When the ten-digit unconditional trigger is not available,Party
A and Party B must coordinate the disconnect activity.
OneEighty ID Comp v2.3.doc 73
15.2.5 The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP)in the Initial Address Message (lAM),containing a
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 15.2.7,and translations will be
changed in the Parties'switches to open those NXXs for database
queries in all applicable LNP capable offices within the LATA of the
given switch(es).On a prospective basis,all newly deployed switches
will be equipped with LNP capability and so noted in the LERG.
15.2.7 All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s)has otherwise been designated as non-
portable.Non-portable NXXs include NXX codes assigned to paging,
cellular and wireless services;codes assigned for internaltesting and
official use and any other NXX codes required to be designated as
non-portable by the rules and regulations of the FCC.NXX codes
assigned to mass calling on a choked network may not be ported using
LNP technology but are portable using methods established by the
NANC and adopted by the FCC.On a prospective basis,newly
assigned codes in switches capable of porting shall become
commercially available for porting with the effective date in the
network.
15.2.8 Both Parties'use of LNP shall meet the performance criteria specified by
the FCC.Both Parties will act as the default carrier for the other Party
in the event that either Party is unableto perform the routing necessary
for 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
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 NXXs from one switch to
another.Neither Party shall charge the other in connection with this coordinated
transfer.
15.4 Procedures for Providinq INP (Interim Number Portability).
The Parties shall provide Interim Number Portability (INP)in accordance with
rules and regulations prescribed from time to time by the FCC and state
regulatory bodies,the Parties respective company procedures,and as set forth in
this Section 15.4.The Parties shall provide INP on a reciprocal basis.
15.4.1 In the event that either Party,Party B,wishes to serve a Customer
currently served at an End Office of the other Party,Party A,and that
End Office is not LNP-capable,Party A shall make INP available only
where LNP is not commercially available or not required by FCC
orders and regulations.INP will be provided by remote call forwarding
OneEighty ID Comp v2.3.doc 74
(RCF)and/or direct inward dialing (DID)technology,which will forward
terminating calls to Party B's End Office.Party B shall provide Party A
with an appropriate "forward-to"number.
15.4.2 Pfices for INP and formulas for sharing Terminating access revenues
associated with INP shall be provided where applicable,upon request
by either Party.
15.4.3 Either Party wishing to use DID to provide for INP must request a
dedicated trunk group from the End Office where the DID numbers are
currently 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 service through
the ASR provisioning process.The requesting party will reroute the
DID numbers to the pre-positioned trunk group using the LSR
provisioning process.DID trunk rates are contained in the Parties'
respective tariffs.
15.4.4 The Parties Agree that,per FCC 98-275,Paragraph 16,effective upon
the date LNP is available at any End Office of one Party,Party A,
providing INP for Customers of the other Party,Party B,no further
orders will be accepted for new INP at that End Office.Orders for new
INP received prior to that date,and change ordersfor existing INP,
shall be worked by Party A.Orders for new INP received by Party A
on or after that date shall be rejected.Existing INP will be grand-
fathered,subject to Section 15.4.5,below.
15.4.5 In offices equipped with LNP 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 agreedto by the Parties,
the conversion period may be extended one time by no more than 90
days from December 31,2000.
15.4.6 Upon availability of LNP after October 1,2000 at an End Office of either
Party,both Parties agree to work together to convert the existing INP-
served Customers to LNP by no later than 90 days from the date of
LNP availability unless otherwise agreed to by the Parties.
15.4.7 When,through no fault of Verizon's,all INP has not been converted to
LNP at the end of the agreed to conversion period,then the remaining
INPs will be changed to a functionally equivalent tariff service and
billed to OneEighty at the tariff rate(s)for the subject jurisdiction.
15.5 Proceduresfor LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a written request.The Parties acknowledge that Verizon
has deployed LNP throughout its network in compliance with FCC 96-286 and
other applicable FCC rules.
15.5.1 If Party B desires to have LNP capability deployed in an End Office of
Party A,which is not currently capable,Party B shall issue a LNP
request to Party A.Party A will 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 provide
OneEighty ID Comp v2.3.doc 75
for LNP in compliance with the procedures and timelines set forth in
FCC 96-286,Paragraph 80,and FCC 97-74,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 information available upon
request showing their respective LNP-capable End Offices,as set forth
in this Section 15.5.
16.Transport and Termination of Indirect Interconnection Traffic
16.1 Network Interconnection Architecture Traffic to be Exchanged.
The Parties shall reciprocally terminate mandatory EAS,optional EAS and
IntraLATAToll originating on each other's networks utilizing Indirect Network
Interconnections.
16.2 Network Interconnection Architecture.
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 interconnection with the tandem
company,and sufficient interoffice and interexchange facilities and trunks
between its own central offices to adequately handle traffic between all central
offices within the service areas at P.01 grade of service or better.
The provisioning and engineering of such services and facilities will comply with
generally accepted industry methods and practices,and will observe the rules
and regulations of the lawfully established tariffs applicableto the services
provided.
16.3 Operator Services Calls.
Each Party agrees to coordinate the interconnection of their operator service
bureau with the operator service bureau of the other Party in order to provide for
the exchange of miscellaneous services,e.g.Busy Line Verification/Interrupt,
Directory Assistance,Call Completions.
16.4 Traffic Recording.
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.
OneEighty ID Comp v2.3.doc 76
RESALE ATTACHMENT
1.General
Verizon shall provide to OneEighty,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 OneEighty;provided,that notwithstanding
any other provision of this Agreement,Verizon shall be obligated to provide
Telecommunications Services to OneEighty only to the extent required by Applicable Law
and may decline to provide a Telecommunications Service to OneEighty to the extent
that provisionof such Telecommunications Service is not required by Applicable Law.
2.Use of Verizon Telecommunications Services
2.1 Verizon Telecommunications Services may be purchased by OneEighty under
this Resale Attachment only for the purpose of resale by OneEighty as a
Telecommunications Carrier.Verizon Telecommunications Services to be
purchased by OneEighty for other purposes (including,but not limited to,
OneEighty's own use)must be purchased by OneEighty pursuant to other
applicable Attachments to this Agreement (if any),or separate written
agreements,including,but not limited to,applicable Verizon Tariffs.
2.2 OneEighty 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
nonresidential Customers);
2.2.2 Lifeline,Link Up America,or other means-tested service offerings,to
persons not eligible to subscribe to such service offerings from
Verizon;
2.2.3 Grandfathered or discontinued service offerings to persons not eligibleto
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 OneEighty to comply with this
Section 2.2,OneEighty shall take those actions required by Applicable
Law to determine the eligibility of OneEighty 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.OneEighty shall
indemnifyVerizon from any Claims resulting from OneEighty's failure
to take such actions required by Applicable Law.
2.2.6 Verizon may perform audits to confirm OneEighty's conformity to the
provisions of this Section 2.2.Such audits may be performed twice per
calendar year and shall be performed in accordance with Section 7 of
the General Terms and Conditions.
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2.3 OneEighty shall be subject to the same limitations that Verizon's Customers are
subject to with respect to any Telecommunications Service that Verizon
grandfathers or discontinues offering.Without limiting the foregoing,except to
the extent that Verizon follows a different practice for Verizon Customers in
regard to a grandfathered Telecommunications Service,such grandfathered
Telecommunications Service:(a)shall be available only to a Customer that
already has such Telecommunications Service;(b)may not be movedto a new
service location;and (c)will be furnished only to the extent that facilities continue
to be available to provide such Telecommunications Service.
2.4 OneEighty shall not be eligible to participate in any Verizon plan or program
under which Verizon Customers may obtain products or services,which are not
Verizon Telecommunications Services,in return for trying,agreeing to purchase,
purchasing,or using Verizon Telecommunications Services.
2.5 In accordance with 47 CFR §51.617(b),Verizon shall be entitled to all charges
for Verizon ExchangeAccess services used by interexchangecarriers to provide
service to OneEighty Customers.
3.Availability of Verizon Telecommunications Services
3.1 Verizon will provide a Verizon Telecommunications Service to OneEighty 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
Telecommunications Services at any time,without the consent of OneEighty.
3.3 To the extent required by Applicable Law,the Verizon Telecommunications
Services to be provided to OneEighty for resale pursuant to 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 Customer at the time the CSA is requested by OneEighty.
4.Responsibility for Charges
OneEighty shall be responsible for 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 OneEighty
Customer locations for the purpose of installing,inspecting,
maintaining,repairing,and removing,facilities,equipment,software,
and wiring used to provide the Verizon Telecommunications Services.
OneEighty shall,at OneEighty's expense,obtain any rights and
authorizations necessary for such access.
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5.1.3 Except as otherwise agreed to in writing by Verizon,Verizon shall not be
responsiblefor the installation,inspection,repair,maintenance,or
removal of facilities,equipment,software,or wiring provided by
OneEighty or OneEighty Customers for use with Verizon
TelecommunicationsServices.
5.2 Brandinq.
5.2.1 Except as stated in Section 5.2.2 of this Attachment,in providingVerizon
Telecommunications Services to OneEighty,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 OneEighty to use Verizon's Marks.
5.2.2 To the extent required by Applicable Law,upon request by OneEighty
and at prices,terms and conditions to be negotiated by OneEighty and
Verizon,Verizon shall provide Verizon Telecommunications Services
for resale that are identified by OneEighty's trade name,or that are not
identified by trade name,trademark or service mark.
5.2.3 If Verizon uses a third-party contractor to provide Verizon Operator
Services or Verizon Directory Assistance Services,OneEightywill be
responsible for entering into a direct contractual arrangementwith the
third-party contractor at OneEighty's expense (a)to obtain
identification of Verizon Operator Services or Verizon Directory
Assistance Services purchased by OneEighty for resale with
OneEighty's trade name,or (b)to obtain removal of Verizon Marks
from Verizon Operator Services or Verizon Directory Assistance
Services purchased by OneEighty for resale.
6.Rates and Charges
The rates and chargesfor Verizon Telecommunication Services purchased by OneEighty
for resale pursuant to this Attachment shall be as provided in this Attachment and the
Pricing Attachment.
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NETWORK ELEMENTS ATTACHMENT
1.General
1.1 Verizon shall provide to OneEighty,in accordance with this Agreement
(including,but not limited to,Verizon's applicable Tariffs)and the requirements of
Applicable Law,access to Verizon's Network Elements on an unbundled basis
and in combinations (Combinations);provided,however,that notwithstanding
any other provision of this Agreement,Verizon shall be obligated to provide
unbundled Network Elements (UNEs)and Combinations to OneEighty only to the
extent required by Applicable Law and may decline to provide UNEs or
Combinations to OneEighty 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.Consistentwith
the foregoing,should OneEighty engage in a pattern of behaviorthat suggests
that OneEighty either (i)knowingly induces Verizon Customers to order
Telecommunications Services from Verizon with the primary intention of enabling
OneEightyto convert those Telecommunications Services to UNEs or
Combinations,or (ii)itself orders Telecommunications Services from Verizon
without taking delivery of those Telecommunications Services in order to induce
Verizon to construct facilities that OneEighty then converts to UNEs or
Combinations,then Verizon will provide written notice to OneEighty that its
actions suggest that OneEighty is engaged in a pattern of bad faith conduct.If
OneEightyfails to respond to this notice in a manner that is satisfactoryto
Verizon within fifteen (15)Business Days,then Verizon shall have the right,with
thirty (30)calendar days advance written notice to OneEighty,to institute an
embargo on provision of new services and facilities to OneEighty.This embargo
shall remain in effect until OneEighty provides Verizon with adequate assurances
that the bad faith conduct shall cease.Should OneEighty repeat the pattern of
conduct following the removal of the service embargo,then Verizon may elect to
treat the conduct as an act of material breach in accordance with the provisions
of this Agreement that address default.
1.3 OneEighty may use a UNE or Combination only for those purposes for which
Verizon is required by Applicable Law to provide such UNE or Combination to
OneEighty.Without limiting the foregoing,OneEighty may use a UNE or
Combination (a)only to provide a Telecommunications Service and (b)to provide
ExchangeAccess services only to the extent that Verizon is required by
Applicable Law to provide such UNE or Combination to OneEighty in order to
allow OneEighty to provide such Exchange Access services.
1.4 Notwithstanding any other provision of this Agreement:
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1.4.1 To the extent Verizon is required by a change in Applicable Law to
provide to OneEighty a UNE or Combination that is not offered under
this Agreement to OneEighty 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,conditions and prices for pre-
ordering,ordering,provisioning,repair,maintenance and billing)shall
be as provided in an applicable Verizon Tariff,or,in the absence of an
applicable Verizon Tariff,as mutually agreed in writing by the Parties.
1.4.2 Verizon shall not be obligated to provide to OneEighty,and OneEighty
shall not request from Verizon,access to a proprietary advanced
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 Combination to OneEighty,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 OneEighty.If Verizon terminates its provision of a UNE or a Combination to
OneEighty pursuant to this Section 1.5 and OneEighty elects to purchase other
services offered by Verizon in place of such UNE or Combination,then:(a)
Verizon shall reasonably cooperate with OneEighty to coordinate the termination
of such UNE or Combination and the installation of such services to minimize the
interruption of service to Customers of OneEighty;and,(b)OneEighty shall pay
all applicable charges for such services,including,but not limited to,all
applicable installation charges.
1.6 Nothingcontained in this Agreement shall be deemed to constitute an agreement
by Verizon that any item identified in this Agreement as a Network Element is (i)
a Network Element under Applicable Law,or (ii)a Network Element Verizon is
required by Applicable Law to provide to OneEighty on an unbundled basis or in
combination with other Network Elements.
1.7 Except as otherwise expressly stated in this Agreement,OneEighty shall access
Verizon's UNEs specifically identified in this Agreement via Collocation in
accordance with the CollocationAttachment at the Verizon Wire Center where
those UNEs exist,and each Loop or Port shall,in the case of Collocation,be
delivered to OneEighty's Collocation node by means of a Cross Connection.
1.8 If as the result of OneEighty Customer actions (i.e.,Customer Not Ready
("CNR")),Verizon cannot complete requested work activity when a technician
has been dispatched to the OneEighty Customer premises,OneEighty 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 OneEighty access to the following:
2.1 Loops,as set forth in Section 3;
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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;
2.7 Network Interface Device,as set forth in Section 9;
2.8 Switching Elements,as set forth in Section 10;
2.9 Interoffice Transmission Facilities (IOF),as set forth in Section 11;
2.10 Signaling Networks and Call-Related Databases,as set forth in Section 12;
2.11 Operations Support Systems,as set forth in Section 13;and
2.12 Other UNEs in accordance with Section 14.
3.Loop Transmission Types
Subject to the conditions set forth in Section 1,Verizon shall allow OneEighty to access
Loops unbundled from local switching and local transport,in accordance with this Section
3 and the rates and charges provided in the Pricing Attachment.Verizon shall allow
OneEighty 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"provides an effective 2-wire
channel with 2-wire interfaces at each end that is suitable for the transport of
analog Voice Grade (nominal 300 to 3000 Hz)signals and loop-start signaling.
This Loop type is more fully described in Verizon TR-72565,as revisedfrom
time-to-time.If "Customer-Specified Signaling"is requested,the Loop will
operate with one of the following signaling types that may be specified when the
Loop is ordered:loop-start,ground-start,loop-reverse-battery,and no signaling.
Customer specified signaling is more fully described in Verizon TR-72570,as
revisedfrom time-to-time.
3.2 "4-Wire Analog Voice Grade Loop"or "Analog 4W"provides an effective 4-wire
channel with 4-wire interfaces at each end that is suitable for the transport of
analog Voice Grade (nominal 300 to 3000 Hz)signals.This Loop type will
operate with one of the following signaling types that may be specified when the
Loop is ordered:loop-start,ground-start,loop-reverse-battery,duplex,and no
signaling.This Loop type is more fully described in Verizon TR-72570,as
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 Ti.601-1998 and Verizon TR 72575,(as revisedfrom time-to-time.In
some cases loop extension equipment may be necessary to bring the line loss
within acceptable levels.Verizon will provide loop extension equipment only
upon request.A separate charge will apply for loop extension equipment.
3.4 "2-Wire ADSL-Compatible Loop"or "ADSL 2W"provides a channel with 2-wire
interfaces at each end that is suitable for the transport of digital signals up to 8
OneEighty ID Comp v2.3.doc 82
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 copperfacilities are
available and meet applicable specifications.Verizon will not build new copper
facilities.The upstream and downstream ADSL power spectral density masks
and dc line power limits in Verizon TR 72575,as revised from time-to-time,must
be met.
3.5 "2-Wire HDSL-Compatible Loop"or "HDSL 2W"consists of a single 2-wire non-
loaded,twisted copper pair that meets the carrier serving area design criteria.
This Loop type is more fully described in Verizon TR-72575,as revised from
time-to-time.The HDSL power spectral density mask and dc line power limits
referenced in Verizon TR 72575,as revised from time-to-time,must be met.2-
wire HDSL-compatible local loops will be provided only where existing facilities
are available and can meet applicable specifications.Verizon will not build new
copperfacilities.The 2-wire HDSL-compatible loop is available only in Bell
Atlantic Service Areas.
3.6 "4-Wire HDSL-Compatible Loop"or "HDSL 4W"consists of two 2-wire non-
loaded,twisted copper pairs that meet the carrier serving area design criteria.
This Loop type is more fully described in Verizon TR-72575,as revised from
time-to-time.The HDSL power spectral density mask and dc line power limits
referenced in Verizon TR 72575,as revised from time-to-time,must be met.4-
Wire HDSL-compatible local loops will be provided only where existing facilities
are available and can meet applicable specifications.Verizon will not build new
copper facilities.
3.7 "4-Wire DS1-compatible Loop"provides a channel with 4-wire interfaces at each
end.Each 4-wire channel is suitable for the transport of 1.544 Mbps digital
signals simultaneously in both directions using PCM line code.This Loop type is
more fully described in ANSI T1.403 and Verizon TR 72575,as revised from
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-Compatible Metallic Loop"consists of a single 2-wire non-loaded,
twisted copper pair that meets revised resistance design criteria.This UNE Loop
is intended to be used with very-low band symmetric DSL systems that meet the
Class 1 signal power limits and other criteria in the draft T1E1.4 loop spectrum
management standard (T1E1.4/2000-002R3)and are not compatible with 2B1Q
160 kbps ISDN transport systems.The actual data rate achieved depends upon
the performance of CLEC-provided modems with the electrical characteristics
associated with the loop.This Loop type is more fully described in T1E1.4/2000-
002R3.This loop cannot be provided via UDLC.IDLC-compatiblelocal loops
will be provided only where facilities are available and can meet applicable
specifications.Verizon will not build new copper facilities.
3.9 "2-Wire SDSL-Compatible Loop",is intended to be used with low band symmetric
DSL systems that meet the Class 2 signal power limits and other criteria in the
draft T1E1.4 loop spectrum management standard (T1E1.4/2000-002R3).This
UNE loop consists of a single 2-wire non-loaded,twisted copper pair that meets
Class 2 length limit in T1Ei.4/2000-002R3.The data rate achieved depends on
the performance of the CLEC-provided modems with the electrical characteristics
associated with the loop.This Loop type is more fully described in T1E1.4/2000-
002R3.SDSL-compatible local loops will be provided only where facilities are
available and can meet applicable specifications.Verizon will not build new
copper facilities.
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3.10 "4-Wire 56 kbps Loop"is a 4-wire Loop that provides a transmission path that is
suitable for the transport of digital data at a synchronous rate of 56 kbps in
opposite directions on such Loop simultaneously.A 4-Wire 56 kbps Loop
consists of two pairs of non-loaded copper wires with no intermediate electronics
or it consists of universal digital loop carrier with 56 kbps DDS dataport transport
capability.Verizon shall provide 4-Wire 56 kbps Loops to OneEighty in
accordancewith,and subject to,the technical specifications set forth in Verizon
Technical Reference TR72575,Issue 2,as revised from time-to-time.
3.11 "DS-3 Loops"will support the transmission of isochronous bipolar serial data at a
rate of 44.736 Mbps or the equivalent of 28 DS-1 channels.This Loop type is
more fully described in Verizon TR 72575,as revised from time to time.The
DS-3 Loop includes the electronics necessary to provide the DS-3 transmission
rate.A DS-3 Loop will only be provided where the electronics are at the
requested installation date 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
OneEighty requirements for metallic loops over 18k ft.or for conditioning of
ADSL,HDSL,SDSL,IDSL,or BRI ISDN Loops."Digital Designed Loops"may
include requests for:
3.12.1 a 2W Digital Designed Metallic Loop with a total loop length of 18k to 30k
ft.,unloaded,with the option to remove bridged tap;
3.12.2 a 2W ADSL Loop of 12k to 18k ft.with an option to remove 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 OneEighty 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 OneEighty shall place orders for xDSL Loops and Digital Designed
Loops by delivering to Verizon a valid electronic transmittal service
order or other mutually agreed upon type of service order.Such
service order shall be provided in accordance with industryformat and
specifications or such format and specifications as may be agreed to
by the Parties.
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