20021106Application (Part A).pdf

RECElVED
FILED O YOffgn
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17933 N.W.Evergreen Parkway
P.O.Box 1100
Beaverton,OR 97075November4,2002 UTILITIESCû MMISSION
Ms.Jean D.Jewell NEW CA SEIdahoPublicUtilitiesCommission
472 W.Washington
Boise,Idaho 83720
Dear Ms.Jewell:
Subject:Verizon Northwest Inc./KMC Telecom V.,Inc.Interconnection Agreement
Enclosed you will find an original plus three copies of the Interstate MFN (Most FavoredNation)adoption letter between Verizon Northwest Inc.and KMC Telecom V,Inc.ThisletterisfullyexecutableandadoptsthecomprehensiveinterconnectionagreementbetweenSprintCommunicationsCompanyL.P.and Verizon California Inc.,f/k/a GTE CaliforniaIncorporated.
If you have any questions or concerns,please contact Renee Willer at [phone].
Sincerely,
llan T.Thoms
Vice President -Public Policy &External Affairs
ATT:ckw
Enclosures
c:Andrew M.Klein -Kelley Drye &Warren LLPMissyBlankenship-Verizon
RECEIVED
Vice President
Interconnection Services Policy and Planning
Wholesale Marketing
2107 Wilson Boulevard
Arlington,VA 22201
Phone [phone]
Fax [phone]
jeffrey.a.masoner@verizon com
August 23,2002
Mr.Michael Duke
Director of Government Affairs,KMC Telecom
1755 North Brown Road
Lawrenceville,GA 30043
Re:Requested Adoption Under the FCC Merger Conditions
Dear Mr.Duke:
Verizon Northwest Inc.("Verizon"),a Washington corporation with its principal place of
business at 1800 41",Everett,WA 98201,has received your letter stating that,pursuant
to paragraph 32 of the BA/GTE Merger Conditions ("Merger Conditions"),released by
the FCC on June 16,2000 in CC Docket No.98-184,KMC Telecom V,Inc.("KMC"),a
Delaware corporation with its principal place of business at 1545 Route 206,Bedminster,NJ 07921,wishes to provide services to customers in Verizon's service territory in the
state of Idaho by adopting the voluntarily negotiated terms of the InterconnectionAgreementbetweenSprintCommunicationsCompanyL.P.("Sprint")and Verizon
California Inc.,f/k/a GTE California Incorporated ("Verizon California")that was
approved by the California Public Utilities Commission as an effective agreement in the
state of California,as such agreement exists on the date hereof after giving effect tooperationoflaw(the "Verizon California Terms").
I understand that KMC has a copy of the Verizon California Terms which,in any case,
are attached hereto as Appendix 1.Please note the followingwith respect to KMC's
adoption of the Verizon California Terms.
1.By KMC's countersignature on this letter,KMC hereby represents and agrees to
the followingthree points:
(A)KMC agrees to be bound by and adopts in the service territory of Verizon,
the Verizon California Terms,as they are in effect on the date hereof after
KMC-ID 252132WEST 052402.DOC l
giving effect to operation of law,and in applying the Verizon California
Terms,agrees that KMC shall be substituted in place of Sprint
Communications Company L.P.and Sprint in the Verizon California
Terms wherever appropriate.
(B)Notice to KMC and Verizon as may be required or permitted under the
Verizon California Terms shall be provided as follows:
To KMC:
Attention:Michael Duke
Director of Government Affairs,KMC Telecom
1755 North Brown Road
Lawrenceville,GA 30043
Telephonenumber:678/985-6266
Facsimile number:678/985-2613
With copies to:
Marva Brown Johnson
Director of Carrier Management,KMC Telecom
1755 North Brown Road
Lawrenceville,GA 30043
and
GenevieveMorelli and Andrew M.Klein
Kelley Drye &Warren LLP
1200 196 Street,NW
Suite 500
Washington,DC 20036
Telephonenumber:202/955-9600
Facsimile number:202/955-9792
To Verizon:
Director-Contract Performance &Administration
Verizon Wholesale Markets
600 Hidden Ridge
HQEWMNOTICES
Irving,TX 75038
TelephoneNumber:972/718-5988
Facsimile Number:972/719-1519
Internet Address:[e-mail]
KMC-lD 252l32WEST 052402.DOC 2
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
(C)KMC represents and warrants that it is a certified provider of local
telecommunications service in the state of Idaho,and that its adoption of
the Verizon California Terms will only cover services in the service
territory of Verizon in the state of Idaho.
2.KMC's adoption of the Verizon California Terms shall become effective on
August 30,2002.Verizon shall file this adoption letter with the Idaho Public
Utilities Commission ("Commission")promptlyupon receipt of an original of this
letter,countersigned by an authorized officer of KMC.The term and termination
provisions of the Sprint/Verizon California agreement shall govern KMC's
adoption of the Verizon California Terms.KMC's adoption of the Verizon
California Terms is currentlyscheduled to expire on April 15,2004.
3.As the Verizon California Terms are being adopted by KMC pursuant to the
Merger Conditions,Verizon does not provide the Verizon California Terms to
KMC as either a voluntaryor negotiated agreement.The filing and performance
by Verizon of the Verizon California Terms does not in any way constitute a
waiver by Verizon of any position as to the Verizon California Terms or a portion
thereof.Nor does it constitute a waiver by Verizon of any rights and remedies it
may have to seek review of the Verizon California Terms,or to seek review of
any provisions included in these Verizon Califomia Terms as a result of KMC's
election pursuant to the Merger Conditions.
4.For avoidance of doubt,please note that adoption of the Verizon California Terms
will not result in reciprocal compensation payments for Internet traffic.Verizon
has always taken the position that reciprocal compensation was not due to be paid
for Internet traffic under section 25 l(b)(5)of the Act.Verizon's position that
reciprocal compensation is not to be paid for Internet traffic was confirmed by the
FCC in the Order on Remand and Report and Order adopted on April 18,2001
("FCC Remand Order"),which held that Internet traffic constitutes "information
access"outside the scope of the reciprocal compensation obligations set forth in
section 251(b)(5)of the Act.'Accordingly,compensation for Internet traffic -if
I Order on Remand and Report and Order,In the Matters of:Implementation of the Local Competition
Provisions in the Telecommunications Act of 1996 and IntercarrierCompensation for ISP-Bound Traffic,
CC Docket No.99-68 (rel.April 27,2001)("FCC Remand Order")¶44remanded,WorldCom,Inc.v
FCC,No.01-1218 (D.C.Cir.May 3,2002).Although the D.C.Circuit remanded theFCC Remand Order
to permit the FCC to clarify its reasoning,it left the order in place as governing federal law.See
WorldCom,Inc.v.FCC,No.01-1218,slip op.at 5 (D.C.Cir.May 3,2002).
KMC-ID 252I32WEST 052402.DOC 3
any -is governed by the terms of the FCC Remand Order,not pursuant to
adoption of the Verizon California Terms.2 Moreover,in light of the FCC
Remand Order,even if the Verizon California Terms include provisions invoking
an intercarrier compensation mechanism for Internet traffic,any reasonable
amount of time permitted for adopting such provisions has expired under the
FCC's rules implementing section 252(i)of the Act."In fact,the FCC Remand
Order made clear that carriers may not adopt provisions of an existing
interconnection agreement to the extent that such provisions provide
compensation for Internet Traffic.4
5.KMC's adoption of the Verizon California Terms pursuant to the Merger
Conditions is subject to all of the provisions of such Merger Conditions.Please
note that the Merger Conditions exclude the following provisions from the
interstate adoption requirements:state-specific pricing,state-specific
performance measures,provisions that incorporate a determination reached in an
arbitration conducted in the relevant state under 47 U.S.C.Section 252 and
provisions that incorporate the results of negotiations with a state commission or
telecommunications carrier outside of the negotiation procedures of 47 U.S.C.
Section 252(a)(1).Verizon,however,does not oppose KMC's adoption of the
Verizon California Terms at this time,subject to the followingreservations and
exclusions:
(A)Verizon's standard pricing schedule for interconnection agreements in
Idaho (as such schedule may be amended from time to time)(attached as
Appendix 2 hereto),which includes (without limitation)rates for
reciprocal compensation,shall apply to KMC's adoption of the Verizon
California Terms.KMC should note that the aforementioned pricing
schedule may contain rates for certain services the terms for which are not
included in the Verizon California Terms or that are otherwise not part of
this adoption.In an effort to expedite the adoption process,Verizon has
not deleted such rates from the pricing schedule.However,the inclusion
of such rates in no way obligates Verizon to provide the subject services
and in no way waives Verizon's rights under the Merger Conditions.
(B)KMC's adoption of the Verizon California Terms shall not obligate
Verizon to provide any interconnection arrangement or unbundled
network element unless it is feasible to provide given the technical,
network and Operations Support Systems attributes and limitations in,and
2 For your convenience,an industry letter distributed by Verizon explaining its plans to implement thECC
Remand Order can be viewed at Verizon's Customer Support Website at URLwww.verizon.com/wise
(select Verizon East Customer Support,Resources,Industry Letters,CLEC).
*See,e.g,47 C.F.R.Section 51.809(c).These rules implementing section 252(i)of the Act apply to
interstate adoptions under the Merger Conditions as well.See,e.g.,Merger Conditiod¶32 (such adoptions
shall be made available "under the same rules that would apply to a request under 47 U.S.C.Section
252(i)").
*FCCRemand Order ¶82.
KMC-ID 252I32WEST 052402.DOC 4
is consistent with the laws and regulatory requirements of the state of
Idaho and with applicable collective bargaining agreements.
(C)Nothing herein shall be construed as or is intended to be a concession or
admission by Verizon that any provision in the Verizon California Terms
complies with the rights and duties imposed by the Act,the decisions of
the FCC and the Commissions,the decisions of the courts,or other law,
and Verizon expressly reserves its full right to assert and pursue claims
arising from or related to the Verizon California Terms.
(D)Terms,conditions and prices contained in tariffs cited in the Verizon
California Terms shall not be considered negotiated and are excluded from
KMC's adoption.
(E)KMC's adoption does not include any terms that were arbitrated in the
Verizon California Terms.'
6.Verizon reserves the right to deny KMC's adoption and/or application of the
Verizon California Terms,in whole or in part,at any time:
(A)when the costs of providing the Verizon California Terms to KMC are
greater than the costs of providing them to Sprint;
(B)if the provision of the Verizon California Terms to KMC is not technically
feasible;
(C)if Verizon otherwise is not obligated to permit such adoption and/or
application under the Merger Conditions or under applicable law.
7.Should KMC attempt to apply the Verizon California Terms in a manner that
conflicts with paragraphs 3-6 above,Verizon reserves its rights to seek
appropriatelegal and/or equitable relief.
In the event that a voluntaryor involuntary petition has been or is in the future filed
against KMC under bankruptcy or insolvency laws,or any law relating to the relief of
debtors,readjustment of indebtedness,debtor reorganization or composition or extension
of debt (any such proceeding,an "InsolvencyProceeding"),then:(i)all rights of Verizon
under such laws,including,without limitation,all rights of Verizon under 11 U.S.C.§
366,shall be preserved,and KMC's adoption of the Verizon California Terms shall in no
way impair such rights of Verizon;and (ii)all rights of KMC resulting from KMC's
adoption of the Verizon California Terms shall be subject to and modified by any
Stipulations and Orders entered in the Insolvency Proceeding,including,without
limitation,any Stipulation or Order providing adequate assurance of payment to Verizon
pursuant to ll U.S.C.§366.
*Please contact Verizon regarding any arbitrated terms.
KMC-ID 252I32WEST 052402.DOC 5
Sincerely,
VERIZON NORTHWEST INC.
Jef ner
Vi esi ent -InterconnectionServices Policy &Planning
Reviewed and countersigned as to points A,B,and C of paragraph l only.KMC agrees
that its adoption of the Sprint Terms became effective on August 30,2002,as specified in
paragraph 2,above.KMC notes,however,its disagreement with several of the assertions
contained in paragraphs 2-7,above,and execution of this document constitutes neither
agreement with said paragraphs nor waiver of KMC's rights under the Act or the Terms
of the Agreement.KMC expressly reserves all rights to seek appropriatelegal,
regulatory and/or equitable relief should Verizon attempt to apply the Terms in a manner
that conflicts with applicable laws,rules and regulations.Furthermore,KMC's adoption
of the Agreementdoes not affect any rights KMC has to negotiate amendments or
successor agreements to the instant adoption or to adopt a replacement agreement.
KMC EC M V,INC.
By
Title
Attachment
c:Sherri D.Sebring -Verizon (w/out attachments)
KMC-ID 252l32WEST 052402.REVISED.DOC 6
APPENDIX 1
261/2 2 AGREEMEW
between
VERIZON CALIFORNIA,INC.FlKIA GTE CALIFORNIA INCORPORATED
AND
SPRINT COMMUNICATIONS COMPANY L.P.
FOR THE STATE OF CALIFORNIA
251/252 FINAL AGREEMENT
TABLE OF CONT
ARTICLE I SERVICESAND FACILITIES..................................1
1.Definitions...................................1
2.Service and Facility Arrangements.................................1
3.Operations and Administrative Matters..................................4
4.Financial Matters......................................8
5.Term and Termination....................................14
ARTICLE Il GENERAL PROVISIONS .................................16
1.Regulatory/Legal Matters...................................16
2.Liability Matters....................................17
3.Dispute Resolution....................................24
4.Confidential Information..................................25
5.Miscellaneous...................................27
SIGNATURE PAGE .................................33
APPENDIX A TO ARTICLES I &ll GLOSSARY .................................34
INTERCONNECTIONATTACHMENT ...............................46
1.General................................46
2.Service Arrangements Provided Under this Attachment.................................46
3.O erations Matters.................................50P
4.Technical/Regulatory Requirementsand Restrictions................................54
5.Financial Matters................................55
APPENDIX A TO THE INTERCONNECTIONATTACHMENT RATESAND CHARGES FOR
TRANSPORT AND TERMINATION OF TRAFFIC .............................61
APPENDIX B TO THE INTERCONNECTIONATTACHMENT RATES AND CHARGES FOR
INTERIM NUMBER PORTABILITY USING RCF .............................62
August 21,200 Letter agreement ..............................64
RESALE ATTACHMENT ................................66
1.General...............................66
2.Services...............................66
3.Operations and Administrative Matters..........................68
4.Billing.................................72
APPENDIXA TO THE RESALE ATTACHMENT SERVICESAVAILABLE FOR RESALE .......74
UNBUNDLED NETWORK ELEMENTS(UNEs)ATTACHMENT .............................75
1.General.................................75
2.Description of Individual UNE Offerings............................75
3.Combinations...............................83
251/252 FINAL AGREEMENT
4.Operations Matters....................................84
5.Financial Matters....................................90
6.Intellectual Property Matters..................................91
7.Line Splitting..................................91
APPENDIX A TO THE UNBUNDLED NETWORK ELEMENTSATTACHMENT PRICES FOR
UNBUNDLED NETWORK ELEMENTS...................................93
APPENDIX A-1 TO THE UNBUNDLED NE INVORK ELEMENTSATTACHMENT PRICES FOR
UNBUNDLED NETWORK ELEMENTS (NON-RECURRING CHARGES)................................102
APPENDIX B TO THE UNBUNDLED NETWORK ELEMENTSATTACHMENT COMPENSATION
FOR EXCHANGEOF TRAFFIC USING UNBUNDLED ELEMENTS....................................109
APPENDIX C TO THE UNBUNDLED NETWORK ELEMENTSATTACHMENT LINESHARING
....114
COLLOCATION ATTACHMENT....................................127
251/252 FINAL AGREEMENT 3
251/252 AGREEMENT
This 251/252 Agreement (the "Agreement")is effective upon the date of execution by both Parties
as contained on the signature page below ("Effective Date").The Agreement is by and between
Verizon California,Inc.flk/a GTE California Incorporated,with its address for purposesof this
Agreement at 600 Hidden Ridge Drive,Irving,Texas 75038 ("VERIZON")and SPRINT
Communications Company L.P.,in its capacity as a certified provider of local telecommunication
services ("SPRINT"),with its address for this Agreement at 8140 Ward Parkway,Kansas City,
Missouri 64114 (VERIZON and SPRINT being referred to collectively as the "Parties"and
individually as a "Party").This Agreement covers services in the State of California only (the
"State").
RECITALS
WHEREAS,Section 251 of the TelecommunicationsAct of 1996 (the "Act")imposes specific
obligations upon VERIZON to negotiate in good faith in accordance with Section 252 of the Act,
an agreement embodying the terms and conditions of the provision of certain telecommunications
services and facilities to SPRINT and other terms and conditions that are legitimately related to,
and constituting a part of,said arrangements;and
WHEREAS,pursuant to Section 252(a)of the Act,SPRINT issued a written requestto VERIZON
to enter into said negotiations;and
WHEREAS,the Parties completed good faith negotiations that led to the services and facilities
arrangements,including all legitimately related terms and conditions,described herein.
WHEREAS,the Parties substantially completed negotiation of this Agreement prior to June 30,
2000.
NOW,THEREFORE,in consideration of the mutual provisions contained herein and other good
and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,and
without waiving any reservation of rights set forth herein,VERIZON and SPRINT hereby
covenant and agree as follows.
251/252 FINALAGREEMENT
ARTICLE I
SERVICES AND FACIÏJTIES
1.Definitions.
Except as otherwise specified herein,the definitions set forth in the Glossary that is attached
hereto as Appendix A to Articles I and Il shall apply to this Agreement.Additionaldefinitions that
are specific to the matters covered in a particular provision may appear in that provision.To the
extent that there may be any conflict between a definition set forth on Appendix A and any
definition in a specific provision,the definition set forth in the specific provision shall control with
respect to that provision and the Article or Attachment in which such provision shall be included.
2.Service and Facility Arrangements.
2.1 StandardAlternatives.
VERIZON shall provide to SPRINT the services and/or facilities below pursuantto the
designated service attachment (check all that apply):
X_Interconnection AttachmentX_Resale Attachment
X_UNE AttachmentX_CollocationAttachment
This Agreement consists of the designated services and/or facilities Attachment(s),and
with respect to each such Attachment,all terms and conditions set forth in Articles I and
II.The terms and conditions in a given Attachment together with all such Article I and Il
terms and conditions are integrally and legitimately related,and shall govern the
provision of the designated services and/or facilities by VERIZON to SPRINT.
2.2 Poles,Ducts,Conduits and Rights-of-Way.
To the extent required by the Act,the FCC,or the Commission,VERIZON and SPRINT
shall each afford to the other access to the poles,ducts,conduits and ROWs it owns or
controls on terms,conditions and prices comparable to those offered to any other entity
pursuant to each Party's tariffs and/or agreements.Accordingly,if VERIZON and
SPRINT desire access to the other Party's poles,ducts,or ROWs,VERIZON and
SPRINT shall adhere to the terms and conditions of the other Party's applicable tariffs
and/or execute separate agreements.SPRINT agrees that pole attachment and conduit
occupancy agreements must be executed separately before it makes any attachments to
VERIZON facilities or uses VERIZON's conduit.Should SPRINT attempt to make any
such attachments to VERIZON's facilities or to use VERIZON's conduit without first
entering into such separate agreements,as applicable,then such actions shall constitute
a breach of this agreement.
2.3 Directory Listings and Directory Distribution.
2.3.1 Separate Agreement.Except as set forth below,SPRINT will be requiredto
negotiate a separate agreement for directory listings and directory distribution.
with VERIZON's directory publication company.
2.3.2 Supply of Listing Information.SPRINT agrees to supply VERIZON on a regularly
scheduled basis,at no charge,and in a mutually agreed upon format (e.g.
ordering and billing forum developed),all listing information for SPRINT's
subscribers who wish to be listed in any VERIZON publisheddirectory for the
251/252 FINAL AGREEMENT 1
relevant operating area.Listing information will consist of names,addresses
(including city,state and zip code)and telephone numbers.Nothing in this
Agreement shall require VERIZON to publish a directory where it would not
otherwise do so.Listing inclusion in a given directory will be in accordancewith
VERIZON's solely determined directory configuration,scope,and schedules,and
listings will be treated in the same manner as VERIZON's listings.
2.3.3 Distribution.Upon directory publication,VERIZON will arrange for the initial and
secondary distribution of the directory to SPRINT Customers in the directory
coverage area at no charge.SPRINT will supply VERIZON in a timely manner
with all required Customer mailing information including non-listedand non-
published Customer mailing information,to enable VERIZON to perform its
distribution responsibilities.
2.4 Directory Assistance (DA)Listing Information.
2.4.1 Definition.DA listing information includes the listed names,addresses and
telephone numbers of VERIZON and authorized LEC Customers,except as
otherwise provided herein.DA listing informationprovidedshall indicate whether
the Customer is a residence or business Customer.Excluded are listings for
restricted LEC lines and non-published listings.VERIZON DA listing information
includes 800/888 listings,non-listed numbers and foreign listings within the
VERIZON franchise.
2.4.2 Availability.VERIZON will make available to SPRINT,at SPRINT's request,
VERIZON end-user and authorized LEC DA listing informationstored in
VERIZON's DA database for the purposes of SPRINT providing DA service to its
Customers.VERIZON shall provide to SPRINT,at SPRINT's request,DA listing
informationwithin sixty (60)Business Days after an order is receivedfor a
specific state.The DA listing informationwill be provided in VERIZON format via
magnetic tape or National Data Mover (NDM)as specified by SPRINT.Updates
to the DA listing information shall be provided on a daily basis through the same
means used to transmit the initial load.SPRINT agrees to pay VERIZON's
standard charges for the initial load and daily updates of VERIZON's DA listing
information,which will be provided upon request.The Parties will work together
to identify and develop procedures for database error corrections.
2.4.3 Confidential Information.Such listings shall be confidential information pursuant
to Article II,Section 4 and SPRINT will use the listings only for its DA services to
its Customers.SPRINT is not authorized to releaseVERIZON's DA listing
informationto any third party or to provide DA to any other party using VERIZON
DA listing information,including SPRINT's Affiliates,subsidiaries or partners,
except with the express written permission of VERIZON.In those instances
where SPRINT's affiliates,subsidiariesor partnersalso desire to use VERIZON s
DA listing information,each affiliate,subsidiary or partner must negotiatea
separate contract with VERIZON to obtain the listings.If SPRINT uses a third-
party DA service for its Customers,SPRINT will ensure that such third party
likewise treats the listings as confidential information pursuant to Article ll,
Section 4,and uses them only for SPRINT end-user DA.VERIZON will include
SPRINT's DA listing information in VERIZON's DA data base which may be
released to third parties which requestVERIZON's DA listing information,unless
SPRINT provides VERIZON written notice within sixty (60)Business Days after
the effective date of this Agreement that its DA listing information is restricted
and should not be released to third parties.In the event that SPRINT does
properly notify VERIZON that its DA listing information is restricted,VERIZON
will so advise third parties requesting such information.
251/252 FINAL AGREEMENT 2
2.5 Dialing Format Changes.
VERIZON will provide notificationto SPRINT of changes to local dialing format (i.e.7-10
digit,by end office)consistent with FCC or Commission requirements on such
notification.
2.6 E911/911.
Except as provided herein,SPRINT will be required to negotiatea separate agreement or
order separately pursuant to applicable VERIZON Tariffs.
2.7 Network Element Bona Fide Request (BFR).
Each Party shall promptly consider and analyze access to a new unbundled Network
Element with the submission of a Network Element Bona Fide Request hereunder.The
Network Element Bona Fide Request process set forth herein does not apply to those
services requested pursuant to Report &Order and Notice of Proposed Rulemaking 91-
141 (rel.Oct.19,1992)¶259 and n.603 or subsequent orders.
2.7.1 A Network Element Bona Fide Request shall be submitted in writing and shall
include a technical description of each requested Network Element.
2.7.2 The requesting Party may cancel a Network Element Bona Fide Requestat any
time,but shall pay the other Party's reasonableand demonstrable costs of
processingand/or implementing the Network Element Bona Fide Request up to
the date of cancellation.
2.7.3 Within ten (10)business days of its receipt the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
2.7.4 Except under extraordinary circumstances,within thirty (30)days of its receipt of
a Network Element Bona Fide Request,the receiving Party shall provide to the
requesting Party a preliminaryanalysis of such Network Element Bona Fide
Request.The preliminaryanalysis shall confirm that the receiving Party will offer
access to the Network Element or will provide a detailed explanation that access
to the Network Element is not technically feasible and/or that the request does
not qualify as a Network Element that is required to be provided under the Act.
2.7.5 If the receiving Party determines that the Network Element Bona Fide Request is
technically feasible and otherwise qualifies under the Act,it shall promptly
proceed with developing the Network Element Bona Fide Request upon receipt
of written authorization from the requesting Party.When it receives such
authorization,the receiving Party shall promptly developthe requested services
determine their availability,calculate the applicable prices and establish
installation intervals.
2.7.6 Unless the Parties otherwise agree,the Network Element Requested must be
priced in accordance with Section 252(d)(1)of the Act.
2.7.7 As soon as feasible,but not more than ninety (90)days after its receipt of
authorizationto proceed with developing the Network Element Bona Fide
Request,the receiving Party shall provideto the requesting Party a Network
Element Bona Fide Request quote which will include,at a minimum,a
description of each Network Element,the availability,the applicable rates and the
installation intervals.
251/252 FINAL AGREEMENT 3
2.7.8 Within thirty (30)days of its receipt of the Network Element Bona Fide Request.
quote,the requesting Party must either confirm its order for the Network Element
Bona Fide Request pursuantto the Network Element Bona Fide Request quote
or seek arbitration by the Commission pursuant to Section 252 of the Act.
2.7.9 If a Party to a Network Element Bona Fide Request believes that the other Party
is not requesting,negotiating or processing the Network Element Bona Fide
Request in good faith,or disputes a determination,or price or cost quote,or is
failing to act in accordance with Section 251 of the Act,such Party may seek
mediation or arbitration by the Commission pursuantto Section 252 of the Act.
3.Operations and Administrative Matters.
3.1 CLEC Profile.
Before orders can be taken,SPRINT must complete and return the CLEC Profile,and if
required,pay an advance deposit.SPRINT will provideVERIZON with its Operating
Company Number (OCN),Company Code (CC),and Customer Carrier Name
Abbreviation (CCNA)as described in the GTE Guide located on GTE's WISE website at
URL:http:llwww.gte.com/wise.SPRINT hereby represents and warrants to VERIZON
that it is a certified provider of telecommunications service or shall obtain that certification
prior to placing any orders under this Agreement.SPRINT will document its Certificate of
OperatingAuthority on the CLEC Profile and agrees to update this CLEC Profileas
requiredto reflect its current certification.
3.2 GTE Guide.
The GTE Guide is an Internet web site that contains VERIZON's operating practices and
procedures;general information for pre-ordering,ordering,provisioning,repair and billing
for resold services and unbundled network elements;and guidelines for obtaining
interconnection with VERIZON's switched network.The Guide is intendedto provide
general guidelines and operational and administrative assistance to CLECs seeking to
order services and facilities pursuant to this Agreement.VERIZON agrees that,as
defined by the California OSS Change Control Process (as reflected in Decision Number
99-11-026),such changes will be made in accordance with the California OSS Change
Control Process.Such guidelines and operating practices and procedures must be
fle×ible to accommodate changes in the dynamic telecommunications industry,changes
to promote increased effectiveness and efficiency,etc.Therefore,VERIZON reserves
the right,upon prior advanced notice to SPRINT,to make changes to the Guide.In
reserving its right to make changes to the Guide,it is not VERIZON's intention to
discriminate against SPRINT's rights under this Agreement.If,in SPRINT's opinion,a
particular change to the Guide materially and adversely discriminatesagainst SPRINT's
existing rights under this Agreement,SPRINT may so notify VERIZON.If the Parties
cannot resolve SPRINT's concerns within a reasonable amount of time,SPRINT may
invokethe Dispute Resolution provisions in Article ll,Section 3 to resolvethe matter.
3.3 Contact Exchange.
The Parties agree to exchange and to update contact and referral numbersfor order
inquiry,trouble reporting,billing inquiries,and information required to comply with law
enforcement and other security agencies of the government.
3.4 Capacity Planning and Forecasting.
Within thirty (30)calendar days from the Effective Date,the Parties agree to have met
251/252 FINAL AGREEMENT 4
and developedjoint planning and forecasting responsibilities which are applicable to the
service and facilities Attachments described above in Section 2.Should SPRINT not
perform its obligations as specified by this Section 3.4,VERIZON may increase its
provisioning intervals by as much as 50%until such time as SPRINT performs the
obligations specified in this Section 3.4.However,nothing contained in this Section 3.4
relieves SPRINT of its obligations to provideVERIZON periodicforecasts.Such
responsibilities shall include,but are not limited to the following:
3.4.1 The Parties will establish periodic reviews of network and technology plans and
will notify one another no later than six (6)months in advance of changes that
would impact either Party's provision of services.
3.4.2 SPRINT will furnish to VERIZON information that provides for state-wideannual
forecasts of order activity,in-service quantity forecasts,and facility/demand
forecasts.
3.4.3 If this Agreement includes an InterconnectionAttachment,the Parties will
developjoint forecasting responsibilitiesfor traffic utilization over trunk groups
and yearly forecasted trunk quantities as set forth in that Attachment.
3.4.4 SPRINT shall notify VERIZON promptly of changes greater than thirty percent
(30%)to current forecasts (increaseor decrease)that generate a shift in the
demand curve for the following forecasting period.
The Parties'compliancewith the requirements of this provision shall not constitute a
waiver of any rights or obligation either Party may have under Applicable Law relative to
the offering and provisioningof services and facilities.
3.5 Electronic Interfaces.
The Parties shall work cooperatively in the implementation of electronic gateway access
to VERIZON Operational Support Systems (OSS)functions in the long-term in
accordance with established industry standards.SPRINT should refer to the GTE Guide
for the current OSS capabilities.
3.5.1 The Parties agree that the Joint Settlement Agreement ("JSA")entered into
between the Parties,and as reflected in California Public Utilities Commission
Decision Number 99-11-026,shall govern any change management principles
applicable to changes in the OSSs included in Decision Number 99-11-026.
3.5.2 All costs and expenses for any new or modified electronic interfaces exclusively
to meet SPRINT requirements that VERIZON determines are different from what
is Currently Available will be paid by SPRINT,if VERIZON agrees to provide
such new or modified interfaces.
3.5.3 SPRINT shall be responsible for modifying and connecting any of its pre-ordering
and ordering systems with VERIZON provided interfaces as described in the
GTE Guide.
3.6 OSS Performance Measures.
3.6.1 General.As provided for in California Decision Number 99-08-020,the Parties
will provide a level of service to each other with respect to services and facilities
under this Agreement in compliance with the non-discrimination requirements of
the Act.Performance measures detail the areas of performance to be tracked.
251/252 FINALAGREEMENT 5
rey d MG c.udited to evaluate quality of service.The performance measures
and :eleted date.,will be posted monthly on GTE's WISE website at URL:
http://wf w.gte.com/wise.
3.6.2 Changes.Performance measures to measure quality of service are subject to
continued evolution as driven by the industry and state commissions.To the
extent changes to performance measures adopted in Decision Number 99-08-
020 are adopted by the California Public Utilities Commission,new or modified
performance measures shall be made available to SPRINT and shall
automatically modify and/or replace the existing performance measures
VERIZON currently makes available to all CLECs.To the extent that the
California Public Utilities Commission addresses the issue of incorporating
performance measures,standards,incentives,and related issues into
interconnection agreements in its Rulemaking 97-10-016/Investigation97-10-
017,the Parties agree to abide by and implement the Commissionsdecision.
3.6.3 Description.VERIZON's performance measures are made available on a
nationwide basis to all qualifying CLECs.Such performance measures provide
for standards to measure the quality of services and facilities offered by
VERIZON within the following major categories,which are described below for
purposes of information in the manner set forth in Decision Number 99-08-020:
3.6.3.1 Pre-ordering.Pre-orderingactivities relate to the exchange of
information between VERIZON and SPRINT regarding current or
proposed Customer products and services,or any other information
required to initiate ordering of service.Pre-ordering encompasses the
critical information needed to submit a provisioning order from SPRINT
to VERIZON.The pre-order measurement reports the timeliness with
which pre-order inquiries are returned to SPRINT by VERIZON.Pre-
ordering query types include:Address Verification/Dispatch required;
Request for Telephone Number;Request for Customer Service Record;
Service Availability;Service Appointment Scheduling(due Date);
Rejected/FailedInquires;and Facility Availability.
3.6.3.2 Ordering.Ordering activities include the exchange of information
between VERIZON and SPRINT regarding requests for service.Ordering
includes:(1)the submittal of the service request from SPRINT,(2)
rejection of any service request with errors and (3)confirmationthat a
valid service request has been received and a due date for the request
assigned.Ordering performance measurements report on the timeliness
with which these various activities are completed by VERIZON.Also
captured within this category is reporting on the numberof SPRINT
service requests that automatically generate a service order in
VERIZON's service order creation system.
3.6.3.3 Provisioning.Provisioning is the set of activities required to install,
change or disconnect a Customer's service.It includes the functions to
establish or condition physical facilities as well as the completion of any
required software translations to define the feature functionality of the
service.Provisioning also involves communication between SPRINT
and VERIZON on the status of a service order,including any delay in
meetingthe commitment date and the time at which actual completionof
service installation has occurred.Measurements in this category
evaluate the quality of service installations,the efficiency of the
installation process and the timeliness of notificationsto SPRINT that
installation is completed or has been delayed.
251/252 FINALAGREEMENT 6
3.6.3.4 Maintenance.Maintenance involves thc repair and restoration of
Customer service.Maintenancefunctions include the exchange of
information between VERIZON and SPRINT related to service repair
requests,the processing of trouble ticket requests by VERIZON,actual
service restoration and tracking of maintenance history.Maintenance
measures track the timeliness with which trouble requests are handled
by VERIZON and the effectiveness and quality of the service restoration
process.
3.6.3.5 Network Performance.Network performance involves the level at which
VERIZON provides services and facilitates call processingwithin its
network.VERIZON also has the responsibility to complete network
upgrades efficiently.If network outages do occur,VERIZON needs to
provide notification so appropriate network management and Customer
notificationcan occur by SPRINT.Network performance is evaluated on
the quality of interconnection,the timeliness of notification of network
outages and the timeliness of network upgrades (code openings)
VERIZON completes on behalf of SPRINT.
3.6.3.6 Billing.Billing involves the exchange of information necessary for
SPRINT to bill its Customers,to process the end-user's claims and
adjustments,to verify VERIZON's bill for services provided to SPRINT
and to allow SPRINT to bill for access.Billing measures have been
designed to gauge the quality,timeliness and overall effectiveness of
VERIZON billing processes associated with SPRINT Customers.
3.6.3.7 Collocation.VERIZON is required to provide to CLECs available space
as required by law to allow the installation of CLEC equipment.
Performance measures in this category assess the timeliness with which
VERIZON handles SPRINT's request for collocation as well as how
timely the collocation arrangement is provided.
3.6.3.8 Database updates.Database updates for directory assistancellistings
and E911 include the processes by which these systems are updated
with Customer information which has changed due to the service
provisioning activity.Measurements in this category are designedto
evaluate the timeliness and accuracy with which changes to Customer
information,as submitted to these databases,are completed by
VERIZON.
3.6.3.9 Interfaces.VERIZON provides SPRINT with choices for access to OSS
pre-ordering,ordering,maintenance and repair systems.Availabilityof
the interfaces is fundamental to SPRINT being able to effectively do
business with VERIZON.Additionally,in many instances,SPRINT
personnel must work with the service personnel of VERIZON.
Measurements in this category assess the availabilityto SPRINT of
systems and personnel at VERIZON work centers.
3.7 Law Enforcement Interface.
Except to the extent not available in connection with VERIZON's operation of its own
business,VERIZON shall provide seven day a week/twenty-four hour a day assistance to
law enforcement agencies for installation and information retrieval pertaining to traps,
traces,court orders and subpoenas.VERIZON reserves the right to charge for this
service.SPRINT reserves the right to challenge VERIZON's assessment of such
charges for this service.
251/252 FINAL AGREEMENT 7
3.8 Customer Contacts.
Except as otherwise provided in this Agreement or as agreed to in a separate notification
signed by SPRINT,SPRINT shall provide the exclusive interfacewith SPRINT's
customers in connection with the marketing or offering of SPRINT services.Except as
otherwise provided in this Agreement,in those instances in which VERIZON personnel
are required pursuant to this Agreement to (1)interfaceon behalf of SPRINTdirectly with
SPRINT's current customers,or (2)interface directly with "pending"SPRINT customers
for the purpose of effectuating a SPRINT order for change of service,such personnel
shall not identify themselves as representing VERIZON.For purposes of this section,a
"pending"SPRINT customer means any VERIZON customer for whom SPRINT has
submitted a valid change in service order,but for whom the change in service has yet to
be completed.In both such instances,all forms,business cards or other business
materials furnished by VERIZON to SPRINT's current or pending customers shall be
generic in nature.In no event shall VERIZON personnel acting on behalf of SPRINT
pursuant to this Agreement provide information to SPRINT customers about VERIZON
products or services unless otherwise authorized by SPRINT.
Nothing in this Section 3.8 shall preclude VERIZON from contacting SPRINT's current or
pending customers in the normal course of VERIZON's marketing and sales activities,
provided,however,that those VERIZON wholesale market personnel responsiblefor
processing requests for customer service records,change in service orders,or other
requests by SPRINT shall not share any CPNI with VERIZON's retail sales and
marketing personnel in violation of the law or,to the extent required under applicable law,
without SPRINT's consent.
4.Financial Matters.
4.1 Rates.
4.1.1 Rate Lists.Except as otherwise provided herein,the rate and charge list for a
given facility or service ordered hereunder shall be set forth as an Appendix to
the facility or service Attachment.
4.1.2 General Terms and ConditionsAffecting Rates.Certain rates and charges
specified in this Agreement were taken from the previously arbitrated
Interconnection,Resale and UnbundlingAgreement between GTE and AT&T
Communications of California,Inc.(Arbitrated Agreement),which was approved
by the Commission's Order dated January 13,1997 (Arbitration Order)in Docket
No.D.97-01-022.These certain rates and charges were imposed by the
Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates)and
are indicated as Arbitrated Rates ("AT&T")on the appropriateservices appendix
next to the GTE rates and charges ("GTE Rates").
The Parties each agree and acknowledge that they have mutually agreedto
incorporate Arbitrated Rates into this Agreement because the Commission has
already issued its decision approvingthe Arbitrated Rates in the Arbitration
Order,and SPRINT has represented that it would request the same rates and
charges in an arbitration before the Commission.Therefore,for the purposes of
compromise and administrative ease,and in order to temporarily resolve issues
regarding rates and charges without recourse to formal and expensive arbitration
pursuant to Section 252 of the Act,VERIZON agrees to offer to SPRINTthe
Arbitrated Rates in this Agreement on an interim basis,subject to the following
express agreements,conditions,limitations and reservation of rights.
251/252 FINALAGREEMENT 8
4.1.2.1 Gy agreeing to inçorporate the Arbitrated Rates into this Agreement,
VtRIZON offets the Arbitrated Rates herein solely for the reasons
specified above.VERIZON does not waive,and hereby expressly
reserves,its rights to assert or continue to assert that:(a)certain of the
Arbitrated Rates are unlawful,illegal and improper,including,without
limitation,the positions stated in any pendingor future VERIZON court
challenge regarding certain of the Arbitrated Rates;(b)the Arbitrated
Rates do not afford VERIZON the opportunity to recover its actual costs,
as mandated by the Act and applicable law;(c)the Arbitrated Rates
should not have become effective until such time as the Commission has
established an explicit,specific,predictable,sufficient and competitively
neutral universal service mechanism that provides VERIZON the
opportunity to recover its actual costs;and (d)certain provisions of the
FCC's First,Second,Third and Fourth Report and Order in FCC Docket
No.96-98 and other FCC orders or rules (collectively,the "FCC Orders")
are unlawful,illegal and improper.VERIZON further expressly reserves
its past,present and future rights to challenge and seek review of any
and all Arbitrated Rates or any permanent rates or charges established
in any generic rate proceeding or any other proceeding,in any court or
commission of competentjurisdiction or other available forum.
4.1.2.2 VERIZON and SPRINT agree that if the Arbitrated Rates are adjusted or
otherwise modified,in whole or in part,by the Commission in any generic
rate proceeding or any other rate proceeding (including any proceeding
designed to implementdeaveraged rates),then the Arbitrated Rates
incorporated into this Agreement shall be deemed to have been
automatically amended,and such amendment shall be effective upon the
date of the applicable Order (the "Rate Modifying Order"),unless the
Rate Modifying Order establishes a different effective date.Such
adjusted or modified rates and charges will be applied prospectively
pending the issuance of a final,binding and non-appealableorder in the
subject proceeding.At such time as an applicable Order becomes final,
binding and non-appealable,the adjusted or modified rates and charges
established therein shall be applied retroactively to the effectivedate of
the Rate ModifyingOrder,unless the applicable Order expressly
specifies otherwise.The Parties will true-up any resulting over or under
billing.Such true-up payments,if any,shall also include interest
computed at the prime rate of the Bank of America,NA in effect at the
date of said final,binding and non-appealable Order.Any underpayment
shall be paid,and any overpayment shall be refunded,within forty-five
(45)Business Days after the date on which such Order becomes final,
binding and non-appealable.The Parties agree that the retroactive true-
up provisions of this Section 4.1.2.2 shall survivethe termination or
expiration of this Agreement only to the extent the Rate ModifyingOrder
issues or becomeseffective during the term of this Agreement.SPRINT
acknowledges that VERIZON may seek to enforce the provisions in this
Section 4.1.2.2 before a commission or court of competentjurisdiction.
4.1.2.3 VERIZON and SPRINT further agree that the Arbitrated Rates and any
subsequent adjusted or modified rates or charges are further subject to
change and/or modification resultingfrom future orders or decisions of
any commission,court or other governmental authority having competent
jurisdiction that address the following:(1)VERIZON's unrecoveredcosts
(e.g.,actual costs,contribution,undepreciated reserve deficiency,or
similar unrecovered VERIZON costs (includingVERIZON's interim
universal service support charge));(2)the establishmentof a
251/252 FINALAGREEMENT 9
competitively neutral univerer.'e :>yeism;(3)any and all actions
seeking to invalidatc,stay,vecute er oiborvise rnodify any FCC Order in
effect as of the Effective Date,or during the term,of this Agreement
which impact the Arbitrated Rates or any subsequent adjusted or
modified rates or charges (or the methodology from which they were
derived),including,without limitation,the current appeal of the FCC
pricing rules pending before the Eighth Circuit Court of Appeals (See
Docket No.96-321)and any appeel of the FCC's new UNE rules;or (4)
any other relevant appeal or litigation.The Parties agree that if the
Arbitrated Rates or any subsequent adjusted or modified rates or
charges are deemed to be unlawful or otherwise modified pursuantto
such an order or decision,or are othenvise stayed,enjoined or impacted,
or the methodology from which they were derived is held to be unlawful
or otherwise invalid,in whole or in part,by such an order or decision,
then this Agreement shall be deemed to have been automatically
amended,by modificationof rates or charges,or,as appropriate,by the
substitution of the VERIZON Rates for such rates and charges,and such
amendments shall be effective upon the date of the applicable Order.
Such modified or substituted rates and charges will be applied
prospectively pending the issuance of a final,binding and non-
appealable Order in the subject proceeding.At such time as the
applicable Order becomes final,binding and non-appealable,the
modified or substituted rates and charges established therein shall be
applied retroactively to the Effective Date of this Agreement.The Parties
will true-up any resulting over or under billing.Such true-up payments,if
any,shall also include interest computed at the prime rate of the Bank of
America,NA in effect at the date of said final,binding and non-
appealable Order.Any underpayment shall be paid,and any
overpayment shall be refunded within forty-five (45)Business Days after
the date on which such Order becomes final,binding and non-
appealable.The Parties agree that the retroactivetrue-up provisionsof
this Section 4.1.2.3 shall survive the termination or expiration of this
Agreement only to the extent the applicable Order issues or becomes
effective during the term of this Agreement.SPRINT acknowledges that
VERIZON may seek to enforce the provisions in this Section 4.1.2.3
before a commission or court of competent jurisdiction.
4.1.3 TBD Prices.Numerous provisions in this Agreement refer to pricing principles.If
a provision references prices and there are no corresponding prices,such price
shall be considered "To Be Determined"(TBD).With respect to all TBD prices,
prior to SPRINT ordering any such TBD item,the Parties shall meet and confer
to establish a price.If the Parties are unable to reach agreement on a price for
such item,a price shall be set for such item that is equal to the price for the
nearest analogous item for which a price has been established (for example,if
there is not an established price for a Non-Recurring Charge (NRC)for a specific
UNE,the Parties would use the NRC for the most analogous service for which
there is an established price.
4.2 Cost Recovery.
VERIZON and SPRINT shall be entitled to seek recovery of all costs each Party incurs in
meeting its obligations under this Agreement.If either Party is required to make
expenditures or otherwise incur costs that are not otherwise specifically reimbursed
under this Agreement,that Party is entitled to seek reimbursementfrom the other Party
for all such expenditures and costs.For all such expenditures and costs,either Party is
entitled to seek to receive through NRCs the actual costs and expenses incurred,
251/252 FINALAGREEMENT 10
including labor costs and expenses,overhead and fixed charges,and a reason:..ble
contribution to VERIZON's common costs.The Party seeking reimbursementshall
provide,at the other Parties request,an explanation of the costs and expenses incurred.
If a dispute arises from this process,either Party may use the Dispute Resolution
provision described in Article II,Section 3 of this Agreement to resolve the dispute.
4.3 Billing and Payment.
4.3.1 General.Payment for all facilities and services provided hereunder is due thirty
(30)calendar days from the bill date.Neither Party will bill the other Party for
previously unbilled charges incurred more than one (1)year prior to the current
billing date.If any undisputedamount due on the billing statement is not
received by the billing Party on the payment due date,the billing Party shall
calculate and assess,and the billed Party agrees to pay,at the billing Party's
option,a charge on the past due balance at an interest rate equal to the amount
allowed by the applicable state access tariffs,the state retail tariff,or federal
tariff,in accordance with the service ordered,or the maximum nonusuriousrate
of interest under applicable law.Late payment charges shall be included on the
next statement.
4.3.2 Security.Upon request by VERIZON,SPRINT shall,at any time and from time
to time,provide VERIZON adequate assurance of payment of amounts due (or to
become due)to VERIZON hereunder.Assurance of payment of charges may be
requested by VERIZON if SPRINT (a)in VERIZON's reasonablejudgement,at
the Effective Date or at any time thereafter,is unableto demonstrate that it is
creditworthy,(b)fails to timely pay a bill rendered to SPRINT by VERIZON,(c)in
VERIZON's reasonable judgement,at the Effective Date or at any time
thereafter,does not have established credit with 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.Unless
otherwise agreed by the Parties,the assurance of payment shall,at VERIZON's
request,consist of (i)a cash security deposit in U.S.dollars held in an account by
VERIZON or (ii)an unconditional,irrevocable standby letter of credit naming
VERIZON as the beneficiary thereof and that is otherwise in form and substance
satisfactory to VERIZON from a financial institution acceptable to VERIZON,in
either case in an amount equal to two (2)months anticipatedcharges (including,
without limitation,both recurring and non-recurringcharges),as reasonably
determined by VERIZON,for the services,facilities or arrangementsto be
provided by VERIZON to SPRINT in connection with this Agreement.To the
extent that VERIZON opts for a cash deposit,the Parties intend that the provision
of such deposit shall constitute the grant of a security interest pursuant to Article
9 of the Uniform Commercial Code as in effect in any relevantjurisdiction.If
required by an applicable VERIZON Tariff or by Applicable Law,interest will be
paid on any such deposit held by VERIZON at the higher of the stated interest
rate in such Tariff or in the provisions of the Applicable Law.VERIZON may (but
is not obligated to)draw on the letter of credit or funds on deposit in the account
as applicable,upon notice to SPRINT in respect of any amounts billed hereunder
that are not paid within thirty (30)calendar days of the date of the applicable
statement of charges prepared by VERIZON.The fact that a security deposit or
a letter of credit is requested by VERIZON hereunder shall in no way relieve
SPRINTfrom compliance with VERIZON's regulations as to advance payments
and payment for service,nor constitute a waiver or modificationof the terms
251/252 FINALAGREEMENT 11
herein pertainingto the discontinuance of service for nonpayment of any sums
due to VERIZON for the services,facilities or arrangements rendered.
4.3.3 Billing Disputes.If the billed Party disputes a billing statement issued by the
billing Party,the billed Party (the "Non-Paying Party")shall notify the billing Party
in writing regarding the specific nature and basis of the dispute within six (6)
months of the statement date or the dispute shall be waived.The Non-Paying
Party shall pay when due all undisputed amounts to the Billing Party as specified
in Section 4.3.1.The Parties shall diligently work toward resolution of all billing
issues.If a dispute arises from this process,either Party may invoke the Dispute
Resolution provision described in Article ll,Section 3 of this Agreement to
resolve the dispute.
4.3.4 Information Requirements/Audits.Except as provided elsewhere in this
Agreement and where applicable,in conformance with Multiple Exchange Carrier
Access Billing (MECAB)guidelines and Multiple Exchange Carriers Ordering and
Design Guidelines for Access Services-Industry Support Interface (MECOD),
SPRINT and VERIZON agree to exchange all informationto accurately,reliably,
and properly order and bill for features,functions and services rendered under
this Agreement.Either Party may conduct an audit of the other Party's books
and records pertaining to the Services provided under this Agreement,no more
frequently than once per twelve (12)month period,to evaluate the other Party's
accuracy of billing,data and invoicing in accordance with this Agreement.Any
audit shall be performed as follows:(i)following at least thirty (30)calendar days'
prior written notice to the audited Party;(ii)subject to the reasonable scheduling
requirements and limitations of the audited Party;(iii)of a reasonablescope and
duration;(iv)in a manner so as not to interfere with the audited Party's business
operations;and (v)in compliance with the audited Party's security rules.Each
Party shall bear its own expenses in connection with the conduct of the Audit or
Examination.A Party requesting document reproduction shall bear the costs of
such document reproduction.The reasonable cost of Special Data Extraction
required by Sprint to conduct the Audit or Examinationwill be paid for by Sprint.
For purposes of this Section,a "Special Data Extraction"shall mean the creation
of an output record or informational report (from existing data files)that is not
created in the normal course of business.If any program is developed to Sprint's
specifications and at Sprint's expense,Sprint shall specify at the time of request
whether the program is to be retained by VERIZON for reuse for any subsequent
Audit or Examination.
4.3.5 Impact of Payment of Charges on Service.SPRINT is solely responsible for the
payment of all charges for all services and facilities furnished to SPRINT under
this Agreement,including,but not limited to,calls originatedor accepted (e.g.,
sent paid,or received collect)at its or its Customers'service locations.If
SPRINT fails to pay when due any and all charges billed to SPRINT under this
Agreement,including any late payment charges (collectively,"unpaid charges")
and any or all such charges remain unpaid more than forty-five (45)calendar
days after the bill date of such unpaid charges excepting previously disputed
charges for which SPRINT may withhold payment,VERIZON shall notify SPRINT
in writing that it must pay all unpaid charges to VERIZON.If SPRINT disputes
the billed charges,it shall,within seven (7)Business Days,informVERIZON in
writing of which portion of the unpaid charges it disputes,including the specific
details and reasons for the dispute,unless such reasons have been previously
provided,and shall immediately pay to VERIZON all undisputedcharges.If
SPRINT and VERIZON are unable,within thirty (30)Business Days thereafter to
resolve issues related to the disputed charges,then either SPRINT or VERIZON
may file a request for arbitration under General Provisions of this Agreement to
251/252 FINAL AGREEMENT 12
resolve those issues.Upon resolution of any dispute herounder,if SPRINTowes
payment it shall make such payment to VERIZON with any late payment charge
from the original payment due date.If SPRINTowes no payment,but has
previously paid VERIZON such disputed payment,then VERIZON shall credit
such payment including any late payment charges.VERIZON may discontinue
service to SPRINT upon failure to pay undisputedcharges as provided in this
Section and shall have no liability to SPRINT or SPRINT's Customers in the
event of such disconnection.If SPRINT fails to provide such notificationor any
of SPRINT's Customers fail to select a new provider of services within the
applicable time period,VERIZON may provide local exchange services to
SPRINT's Customers under VERIZON's applicable Customer tariff at the then
current charges for the services being provided.In this circumstance,otherwise
applicable service establishment charges will not apply to SPRINT's Customer,
but will be assessed to SPRINT.
4.4 Taxes.
4.4.1 With respect to any purchase of service under this Agreement,if any federal,
state or local government tax,fee,surcharge,or other tax-like charge excluding
any tax levied on property or income (a "Tax")is required or permitted by
applicable law,ordinance or tariff to be collected from a purchasing Party by the
providing Party,then (i)the providing Party will bill,as a separately stated item,
the purchasing Party for such Tax,(ii)pursuant to Section 4.3.1,the purchasing
Party will remit such Tax to the providing Party,and (iii)the providing Party will
remit such collected Tax to the applicable governmental authority as required by
law.
4.4.2 If the providing Party does not collect a Tax because the purchasing Party
asserts that it is not responsible for the Tax,or is otherwise excepted from the
obligation which is later determined by formal action to be wrong then,as
between the providing Party and the purchasing Party,the purchasing Party will
be liable for such uncollected Tax and any interest due and/or penalty assessed
on the uncollected Tax by the applicable taxing authority or governmental entity.
4.4.3 If either Party is audited by a taxing authority or other governmental entity the
other Party agrees to reasonably cooperate 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 resultingcontroversy may be resolved e×peditiously.
4.4.4 If applicable law does exclude or exempt a purchase of sentices underthis
Agreement 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,subject to Section 4 4 2
will not bill or collect such Tax during the effective period of the exemption.Such
exemption will be effective upon receipt of the exemption certificate or affidavit in
accordancewith Section 4.4.7.
4.4.5 If applicable law does not e×clude or exempt a purchase of services under this
Agreement from a Tax,and does not also provide an exemption procedure,then
the providing Party will not bill or collect such tax if the purchasing Party (i)
furnishes the providing Party with a letter signed by an officer of the purchasing
Party claiming an exemption and identifying the applicable law which allows suc-
exemption,and (ii)supplies the providing Party with an indemnification
agreement,reasonably acceptable to the providing Party,which holds the
providing Party harmless on an after-tax basis with respect to forbearing to
collect such Tax.
251/252 FINAL AGREEMENT 13
4.4.6 With respect to any Tax or Tax controversy covered by this Section 4.4 ,the
purchasing Party will be entitled to contest,pursuant to applicable law,and at its
own expense,any Tax that it is ultimately obligated to pay.The purchasing Party
will be entitled to the benefit of any refund or recovery resulting from such a
contest.
4.4.7 All e×emption certificates or other communications requiredor permitted to be
given by SPRINT to VERIZON under this Section 4.4,will be made in writing and
will be delivered to VERIZON's Account Manager for SPRINT.
5.Term and Termination.
5.1 Effective Date.
This Agreement will be effective upon the Effective Date set forth at the beginning of this
251/252 Agreement.Subject to the Parties reservation of rights described in Article II,
Section 1.4,any modifications to this Agreement required as a result of the Commission
review and approval process will be deemed to be effective as of the Effective Date.The
Parties agree LSR orders pursuant to this Agreement for resold services,INP services,
and unbundled network elements may not be submitted or accepted within the first ten
(10)Business Days after the Effective Date.In addition,notwithstandingthe possible
rejection or modification of this Agreement by the Commission,the Parties agree that all
of their obligations and duties hereunder shall remain in full force and effect pending the
final disposition of the Commission review and approval process.
5.2 Term.
Subject to the termination provisions contained in this Agreement,the term of this
Agreement shall be from the Effective Date of this Agreement until April 15,2004
("Termination Date").
5.3 Renegotiation.
If either Party seeks to renegotiate,extend or amend this Agreement,it must provide
written notice thereof to the other Party no later than nine (9)months prior to the
Termination Date.Any such request shall be deemed by both Parties to be a good faith
request for negotiations pursuant to Section 252 of the Act (or any successor provision),
regardlessof which Party made such request.If either Party makes such request,this
Agreement may remain in effect for a period not to exceed three (3)months following the
Termination Date,for the purpose of incorporating into the new agreement any arbitration
decision or related order issued within three (3)months prior to the end of such nine (9)
month period.
5.4 Termination Upon Defaultor Abandonment.
Either Party may terminate this Agreement prior to the Termination Date in whole or in
part in the event of a default by the other Party;provided however,that the non-defaulting
Party notifies the defaulting Party in writing of the alleged default and that the defaulting
Party does not cure the alleged default within sixty (60)calendar days of receipt of written
notice thereof.Default is defined to include:
5.4.1 A Party's insolvency or the initiation of bankruptcy or receivership proceedings by
or against the Party;or
251/252 FINALAGREEMENT 14
5.4.2 A Party's refusal or failure in any material respect to perform its obligations under
this Agreement,or the violation of any of the material terms or conditions of this
Agreement.
5.5 Termination Upon Sale.
Notwithstandinganything to the contrary contained in this Agreement,a Party may
terminate this Agreement as to a specific operating area or portion thereof if such Party
sells or otherwise transfers the area or portionthereof.To the extent the closing of the
transfer occurs during the term of this Agreement the selling or transferring Party shall
providethe other Party with at least ninety (90)calendar days'prior written notice of such
termination,which shall be effective on the later of the date specified in the notice or the
closing of the transfer.Notwithstanding termination of this Agreement as to a specific
operating area,this Agreement shall remain in full force and effect in the remaining
operating areas.
5.6 Liability Upon Termination.
Termination of this Agreement,or any part hereof,for any cause shall not release either
Party from any liability which at the time of termination had already accrued to the other
Party or which thereafter accrues in any respect to any act or omission occurring prior to
the termination or from an obligationwhich is expressly stated in this Agreementto
survive termination.
5.7 252(i)Adoptions.
SPRINTshall have the right to adopt any publicly filed agreement,or any interconnection,
resale,collocation or network element arrangement contained therein,to which
VERIZON is a Party and that has been approved by the Commission for the State
pursuantto section 252 of the 1996 Act subsequentto the approval of this Agreement.
This right shall be exercised in accordance with,and subject to,the requirementsof 47
U.S.C.§252(i)and applicable rules and regulations,including without limitation,the
following:(a)SPRINT must adopt all of the terms and conditions "legitimately related"to,
and thus constituting part of,the requested interconnection,resale,collocation or network
element arrangement;(b)VERIZON shall not be required to provide a given arrangement
or agreement to the SPRINT if it is either (i)more costly than providingit to the original
carrier,or (ii)technically infeasible;(c)to the extent inconsistent with such adopted
arrangementor agreement,this Agreement shall be superseded by the adopted
arrangement or agreement;and (d)the parties shall document said adoption in writing
and make an appropriate filing with the Commission pursuant to applicable procedures.
251/252 FINAL AGREEMENT 15
ARTICLE II
GENERAL PROVISIONS
1.Regulatory/Legal Matters.
1.1 Regulatory Approvals.
This Agreement will be submitted to the Commission for approval.Each Party shall be
responsible for obtaining and keeping in effect all FCC,Commission,franchise authority
and other regulatory approvals that may be required in connection with the performance
of its obligations under this Agreement.If either Party does not provide necessary filing
materialswithin ninety (90)days of execution of this Agreement,any contract signatures
will no longer be effective.
1.2 Applicable Law/Changes in Law.
Each Party shall comply with all federal,state,and local statutes,regulations,rules,
ordinances,judicial decisions,and administrative rulings applicable to its performance
under this Agreement.The terms and conditions of this Agreement were composed in
order to effectuate the legal requirements in effect at the time this Agreementwas
produced,and shall be subject to any and all applicable statutes,regulations,rules,
ordinances,judicial decisions,and administrative rulings that subsequently may be
prescribed by any federal,state or local governmentalauthority having appropriate
jurisdiction.Except as otherwise expressly provided herein,such subsequently
prescribed statutes,regulations,rules,ordinances,judicial decisions,and administrative
rulings will be deemed to automatically supersede any conflicting terms and conditions of
this Agreement.In addition,subject to the requirements and limitations set forth in
Section 1.3,to the extent required or reasonably necessary,the Parties shall modify,in
writing,the affected term(s)and condition(s)of this Agreement to bring them into
compliancewith such statute,regulation,rule,ordinance,judicial decision or
administrative ruling.Should the Parties fail to agree on appropriate modificationarising
out of a change in law,within sixty (60)calender days of such change in law the dispute
shall be governed by Section 3 of Article ll.
1.3 Severability/UnenforceableTerms.
If any provision of this Agreement is held by a court or regulatory agency of competent
jurisdiction to be unenforceable,the rest of the Agreement shall remain in full force and
effect and shall not be affected unless removal of that provision results,in the reasonable
opinion of either Party,in a material change to this Agreement.If a material change
occurs as a result of action by a court or regulatory agency of competent jurisdiction,the
Parties shall negotiate in good faith for replacement language.If replacement language
cannot be agreed upon within a reasonable period,either Party may invoke the dispute
resolution process in thos Agreement to resolve the dispute.
1.4 Reservation of Rights.
The Parties agree that their entrance into this Agreement is without prejudiceto and does
not waive any positions they may have taken previously,or may take in the future,in any
legislative,regulatory,judicial or other public forum addressing any matters,including
without limitation,matters related to VERIZON's cost recovery set forth in this
Agreement.Moreover,except as expressly provided herein,neither Party waives any
right with respect to any position it may take in the future with respect to the
establishment of rates,terms and conditions related to the subject matter of this
Agreement which may become effective subsequent to the termination of this Agreeme
By executing this Agreement,VERIZON does not waive,and hereby expressly reserves
251/252 FINAL AGREEMENT 16
its rights to continue to assert that:(a)the rates and charges in this Agreement should
not become effective until such time as the Commission has establishedan e×plicit,
specific,predictable,sufficient and competitively neutral universalservice mechanism
that provides VERIZON the opportunity to recover its actual costs;and (b)certain
provisions of the FCC's First Report and Order in FCC Docket No.96-98 and other FCC
orders or rules (collectively,the "FCC Orders")in effect as of the Effective Date or during
the term of this Agreement are unlawful,illegal and improper.VERIZON and SPRINT
further agree that the terms and conditions of this Agreement reflect certain requirements
of the FCC Orders,and thus,except as provided herein,shall be subject to any and all
actions by any court or other governmental authority that invalidate,stay,vacate or
otherwise modify any such FCC Orders.SPRINT acknowledges that VERIZON may seek
to enforce such action before a commission or court of competentjurisdiction.This
Section 1.4 shall survive the termination,expiration,modificationor rescission of this
Agreement without limit as to time,regardless of the date of said action.
1.5 Tariff Offerings.
Some of the services and facilities to be provided to SPRINT by VERIZON,or to
VERIZON by Sprint,in satisfaction of this Agreement may be provided,in whole or part,
pursuant to existing VERIZON,or Sprint,tariffs.VERIZON and Sprint shall each have the
right to modify its tariffs subsequent to the Effective Date of this Agreement,and upon
written notice to SPRINT or VERIZON,such modifications shall automaticallyapply to
such services and facilities.The Parties shall cooperate with one another for the
purpose of incorporating such modifications into this Agreement to the extent reasonably
necessary or appropriate.Notwithstanding the foregoing,e×cept as otherwise specifically
provided herein:(a)VERIZON and Sprint shall not have the right to file tariffs for services
and facilities that supersede the terms and conditions of this Agreement if the services
and/or facilities were not previously provided pursuant to tariff hereunder;unless
otherwise ordered by the Commission (pursuant to Applicable Law and not at the request
of either Party)and (b)the Parties shall have the right to modify the terms of such
VERIZON and Sprint tariffs as applied to this Agreement,as reasonably necessary or
appropriate to fulfill their obligations under the Act or applicable rules and regulations in
connection with the implementation of this Agreement.This section shall apply only to
VERIZON and SPRINT and shall not be construed as applying to any non-parties.
When new services are offered pursuant to tariff,or existing tariffed services are
modified,the Party which is introducing or modifying the tariffed service will notify the
other Party at the same time it notifies the Commission via the tariff filing of proposed
new or modified Services,or as required under applicable Commissionrules.
1.6 Certificate of Operating Authority.
When ordering any service or facility hereunder,SPRINT hereby representsand warrants
to VERIZON that it is a certified provider of local exchange telecommunicationsservice
SPRINT will provide a copy of its Certificate of Operating Authority or other evidence of
its status to VERIZON upon request.
2.Liability Matters.
2.1 Indemnification.
2.1.1 General Requirement.Subject to the limitations set forth in Section 2.7,each Party (the
"Indemnifying Party")shall release,defend,indemnify and save harmless the other Party
its directors,officers,employees,servants,agents,Affiliates,subsidiariesand parent,and
any third-party provider or operator of facilities involved in the provision of services or
251/252 FINALAGREEMENT 17
facilities unde thia Agreement (collectively,the "Indemnified Party"),from and against any
and all suits,claims,obligatons,liabilities,damages,demands,losses,expenses,causes
of action and costs,deficiencies,taxes,interest on taxes,or penalties,court costs and
reasonable attorneys'fees,injuries,damage,destruction,delay damages,loss or death to
property or persons (including payments made under workers'compensationlaw or under
any plan for employees'disability and death benefits)and actual or alleged defamation,
libel,slander,interference with or misappropriation of proprietary or creative right,suffered,
made,instituted,or asserted by the Indemnifed Party or any other party or person,
including,without limitation,the Indemnified Party's Customers (collectively,the
"Indemnification Claims")which are proximately caused by:
2.1.1.1 any breach or nonfulfillmentof any representation,covenant,term,
condition or agreement on the part of the Indemnifying Party under this
Agreement;
2.1.1.2 the negligence,gross negligence,or willful misconduct of the
Indemnifying Party or any of its directors,officers,employees,servants,
agents,Affiliates,subsidiariesand parent,regardlessof the form of
action;
2.1.1.3 the installation,maintenance,repair,replacement,presence,
engineering,use or removal of the Indemnifying Party's collocation
equipment,in VERIZON's central office(s),wire center(s)or access
tandem(s);
2.1.1.4 the violation or alleged violation by the indemnifying Party or any of its
directors,officers,employees,servants,agents,Affiliates,subsidiaries
and parent of any federal,state,or local law,regulation,permit,or
agency requirement;or
2.1.1.5 the presence or alleged presence of contamination arising out of the
Indemnifying Party's acts or omissions concerning its operations at a
VERIZON Facility.
To the extent the Indemnified Party pays for an indemnifiable loss,cost or
expense,or otherwise incurs pecuniaryobligations,in satisfaction of,or arising
out of or related to any IndemnificationClaim,the IndemnifyingParty shall also
be liable to the Indemnified Party for interest on such paymentsat the prime rate
of the Bank of America,N.A.from the date that the Indemnified Party makes
such payments.The obligations of this Section shall survive the termination,
cancellation,modification or rescission of this Agreement,without limit as to time
2.1.2 Notice and Claim Procedure.
2.1.2.1 General Requirements.The indemnified Party:(i)shall give the
Indemnifying Party notice (which shall include all facts known to the
Indemnified Party giving rise to such right and an estimate of the amount
thereof)of the IndemnificationClaim and any Third Party Claim (as
hereinafter defined)relating to such right promptly after receipt or
becoming aware thereof,including copies of any written documentation
ragarding any such claim received by the Indemnified Party;(ii)prior to
taking any material action with respect to a Third Party Claim,shall
consult with the IndemnifyingParty as to the procedure to be followed n
defending,settling,or compromising the Third Party Claim;(iii)shall not
consent to any settlement or compromise of the Third Party Claim
without the written consent of the Indemnifying Party (which consent.
251/252 FINALAGREEMENT 18
unless the Indemnifying Party has olected to assume the exclusive
defensc of such Claim,shall not be unreasonablywithheld or delayed);
(iv)shall permit the Indemnifying Party,if it so elects,to assume the
defense of such Third Party Claim (including,except as provided below,
the compromise or settlement thereof)at its own cost and expense,
provided,however,that in such event the indemnified Party shall have
the right to approve the IndemnifyingParty's choice of legal counsel,
which approval shall not be unreasonably withheld;and (v)shall
cooperate in every reasonableway to facilitate defense or settlementof
claims.For the purposes of this Agreement,"Third Party Claim"shall
mean any Indemnification Claim by any third party.
2.1.2.2 Consultation and Consent.If the Indemnified Party (i)fails to notify or to
consult with the Indemnifying Party with respect to any Third Party Claim
in accordance with subparagraph 2.1.2.1(i)or 2.1.2.1(ii)above (which
failure shall have a material and adverse effect upon the Indemnifying
Party);or (ii)consents to the settlement or compromise of any Third
Party Claim without having received the written consent of the
Indemnifying Party (unless,if the Indemnifying Party has not elected to
assume the defense of such Claim,the consent of the Indemnifying
Party is unreasonably withheld or delayed),then the IndemnifyingParty
shall be relieved of its indemnificationobligation with respect to such
Third Party Claim under this Agreement.
2.1.2.3 Defense of Claim.If the Indemnifying Party elects to assume the
defense of any Third Party Claim pursuant to this Agreement,it shall
notify the Indemnified Party in writing of such election.The Indemnifying
Party shall not compromise or settle any such Third Party Claim without
the written consent of the Indemnified Party (which consent shall not be
unreasonably withheld or delayed).
2.1.3 Intellectual Property Exception.
2.1.3.1 Nothing in this Agreementshall be construed as the grant of a license with
respect to any patent,copyright,trademark,trade name,trade secret or any
otherproprietaryor intellectual property now or hereafterowned,controlled
or licensable by either Party.NeitherParty may use any patent,
copyrightablematerials,trademark,trade name,trade secret or other
intellectual property right of the other Party except in accordance with the
terms of a separatelicense agreementbetweenthe Parties granting such
rights.
2.1.3.2 Neither Party shall have any obligation to defend,indemnify or hold
harmless,or acquireany license or right for the benefit of,or owe any other
obligation or have any liability to,the other Party or its Customers based on
or arising from any claim,demand,or proceedingby any third party alleging
or asserting that the use of any circuit,apparatus,or system,or the use of
any software,or the performanceof any service or method,or the provision
of any facilities by either Party under this Agreement,alone or in
combination with that of the other Party,constitutes direct,vicariousor
contributory infnngementor inducement to infringe,misuse or
misappropriationof any patent,copyright,trademark,trade secret,or any
other proprietaryor intellectual property right of any Party or third party.
Each Party,however,shall offer to the other reasonablecooperation and
assistance in the defenseof any such claim.
251/252 FINAL AGREEMENT 19
2.1.3.3 NOTWITHSTANDINGANY OTHER PROVISIONOF THISAGREEMENT,
THE PARTIES AGREE THAT NEITHERPARTY HAS MADE,AND THAT
THERE DOES NOT EXIST,ANY WARRANTY,EXPRESS OR IMPLIED,
THATTHE USE BY EACH PARTY OF THE OTHER'SFACILITIES,
ARRANGEMENTS,OR SERVICES PROVIDEDUNDER THIS
AGREEMENTSHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE,OR MISAPPROPRIATIONOF ANY INTELLECTUAL
PROPERTYRIGHT.
2.1.3.4 SPRINT agrees that the rights granted by VERIZON hereunder shall,
where applicable,be subject to the restrictions,if any,contained in any
current software license agreements betweenVERIZON and VERIZON
's software vendors in existence on the Effective Date of this Agreement.
SPRINT acknowledges that functions and features made available to it
hereunder through the use of third party proprietary products may involve
additional terms and conditions and/or separate licensing to SPRINT.
2.2 Environmental Responsibility.
2.2.1 General Requirements.SPRINT shall:
2.2.1.1 comply with all laws regarding the handling,use,transport,storage,and
disposal of,and be responsible for all hazards created by and damages
or injuries caused by,any materials brought to or used at the VERIZON
Facility by SPRINT;
2.2.1.2 ensure all activities conducted by SPRINT at the VERIZON Facility are in
accordance with all applicable federal,state,and local laws,regulations,
permits,and agency orders,approvals,and authorizations relating to
safety,health,and the environment;
2.2.1.3 cause its invitees,agents,employees,and contractorsto comply with
such reasonable environmental or safety practices/procedures,whether
or not required by law,as requested by VERIZONwhen working at a
VERIZON Facility;
2.2.1.4 ensure that no substantial new safety or environmental hazards shall be
created or new hazardous substances shall be used at a VERIZON
Facility;
2.2.1.5 demonstrate adequate training and emergency response capabilities
related to materials brought to,used,or existing at the VERIZON Facility
2.2.1.6 follow appropriate practices/procedures in evaluating and managing any
water,sediment,or other material present in the manhole or vault area
so as to ensure compliance with all applicable laws,regulations,permits.
and requirements applicable in such circumstancesand to ensure safe
practices,when conducting operations in any VERIZON manholeor vault
area;
2.2.1.7 obtain and use its own environmental permits,approvals,or identification
numbers to the extent that such permits,approvals,or identification
numbers are required under applicable laws,including,without limitation
any of its operations involving the evaluation,collection,discharge,
251/252 FINALAGREEMENT 20
sto.a go,disposal,or other management of water,sediment,or other .
material present in a VERIZON manhole or vault area;
2.2.1.8 provide reasonable and adequate compensationto VERIZONfor any
additional or increased costs associated with compliancewith any
federal,state,or local law,regulation,permit,or agency requirement
related to safety,health,or the environment where such additionalor
increased cost is incurred as a result of providing SPRINTwith
interconnection or collocation,including,but not limited to,costs
associated with obtaining appropriate permits or agency authorizations
or approvals,re-mediation or response to any release or threatened
release of any regulated substance,investigationor testing related,and
training or notification requirements;
2.2.1.9 ensure that activities impacting safety or the environment of a Right of
Way (ROW)are harmonizedwith the specific agreement and the
relationship between VERIZON and the land owner;and
2.2.1.10 comply with any limitations associated with a ROW,including limitations
on equipment access due to environmental conditions (e.g.,wetland
areas having equipment restrictions).
VERIZON shall not be responsible for any costs incurred by SPRINT in meeting
its obligations under this Section.
2.2.2 Required Notices.VERIZON and SPRINT shall provide to each other specific notice of
known and recognized physical hazards or hazardous substances brought to,used,or
existing at the VERIZON Facility and conditions or circumstances potentially posing a threat
of imminentdanger,including,by way of example only,a defective utility pole or significant
petroleumcontamination in a manhole.If SPRINT discovers Third Party Contaminationat a
VERIZON Facility,SPRINT will immediately notify VERIZON and will consult with VERIZON
prior to making any required notification,unless the time requiredfor prior consultation
would preclude SPRINT from complying with an applicable reporting requirement.
VERIZON and SPRINT shall coordinate plans or information required to be submitted to
government agencies,such as,by way of example only,emergency response plans and
chemical inventory reporting.If fees are associatedwith such filings,VERIZON and
SPRINT shall develop a cost sharing procedure.
2.2.3 Use of VERIZON Permits.If the relevant regulatory authority refusesto issue a separate
permit,approval,or identification number to SPRINT after a complete and proper request
by SPRINT for same,then VERIZON's permit,approval,or identificationnumber may be
used as authorized by law and upon prior approval by VERIZON.In that case,SPRINT
must comply with all of VERIZON's environmental,health,and safety practices/procedures
relating to the activity in question,including,but not limited to,use of environmental "best
management practices (BMP)and selection criteria for vendors and disposal sites.
2.2.4 No Warranty.The Parties acknowledge and agree that:(a)nothing in this Agreement or in
any of VERIZON's practices/proceduresconstitutes a warranty or representationby
VERIZON that SPRINT's use of VERIZON's permits,approvals,or identificationnumbers or
compliancewith VERIZON's practices/procedures,this Agreement or VERIZON's directions
or recommendations,will achieve compliancewith any applicable law;and (b)such
complianceor use of VERIZON's permits,approvals,or identificationnumbers creates no
right of action against VERIZON.
251/252 FINALAGREEMENT 21
2.3 Impairment of Service.
The characteristics and methods of operation of any circuits,facilities or equipment of
SPRINT connected with the services,facilities or equipment of VERI7ON pursuant to
this Agreement shall not interfere with or impair service over any facilities of VERIZON,
its Affiliated companies,or its connecting and concurring carriers involved in its services,
cause damage to its plant,violate any applicable lav:or regulationregardingthe invasion
of privacy of any communications carried over VERIZON's facilities or create hazards to
the employees of VERIZON or to the public (each hereinafter referred to as an
"Impairment of Service").If SPRINT causes an Impairment in Service,VERIZON shall
promptly notify SPRINT of the nature and location of the problem and that,unless
promptly rectified,a temporary discontinuance of the use of any circuit,facility or
equipment may be required.VERIZON and SPRINT agree to work togetherto attempt to
promptly resolve the Impairment of Service.If the SPRINT is unable to promptly remedy
the Impairment of Service,then VERIZON may at its option temporarily discontinuethe
use of the affected circuit,facility or equipment.
2.4 Fraud.
SPRINT assumes responsibility for all fraud associated with its Customers and accounts.
VERIZON shall bear no responsibility for,nor is it requiredto investigate or make
adjustments to SPRINT's account in cases of fraud.For services providedto SPRINT
pursuant to the Resale Attachment to this Agreement,VERIZON will provide monitoring
of fraud at parity to what it provides for itself.
2.5 DISCLAIMER.
EXCEPT AS SPECIFICALLY PROVIDEDTO THE CONTRARY IN THIS AGREEMENT,
PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONSOR
WARRANTIES CONCERNING THE SPECIFICQUALITY OF ANY SERVICES,
FACILITIES PROVIDED UNDER THIS AGREEMENT.PROVIDER DISCLAIMS,
WITHOUT LIMITATION,ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY
OR FITNESS FOR A PARTICULARPURPOSE,ARISING FROM COURSE OF
PERFORMANCE,COURSE OF DEALING,OR FROM USAGES OF TRADE.
2.6 Limitation of Liability.
Each Party's liability under this agreement to the other Party,whether direct or otherwise
arising out of the duty to indemnify against a third-party under this Section 2,all whether
in contract,tort or otherwise,shall be limited to direct damages,and except with respect
to indemnification Claims relating to personal injury,environmental,fraud or collocation
matters,said liability shall not exceed an amount equal to the amount due and owing by
Sprint to VERIZON under this Agreement during the Contract Year in which such claim
and/or cause of action accrues or arises,plus any related costslexpenses the Parties
may recover,including those under Article I,Section 4.2 above,for the services,UNEs or
facilities for the month(s)during which the claim of liability arose.For purposes of this
Section,"Contract Year"means a twelve (12)month period during the term of the
contract commencing on the Effective Date and each anniversary thereafter.Under no
circumstance shall either Party be responsible or liable for indirect,incidental,
consequential,special,punitive or exemplary damages,including,but not limited to,
interruption of service or designated facilities,economic loss or lost business,revenues
or profits,loss of AC or DC power,HVAC interruptions,damages arising from the use or
performance of equipment or software,or the loss of use of software or equipment,or
any accessories attached thereto,delay,error,or loss of data,even if the Party has been
advised of the possibility of the same.Should either Party provideadvice,make
recommendations,or supply other analysis related to the services or facilities described
251/252 FINAL AGREEMENT 22
in this Agreement,this tirnitation of liability shall apply to provisionof such advice,
recommendations,and analysis.
2.7 Inapplicability of Tariff Liability.
VERIZON's general liability,as described in the VERIZON retail tariff,does not extend to
SPRINT's customers or any other third party.Liability of VERIZON to SPRINT resulting
from any and all causes arising out of services and facilities or any other items relating to
this Agreement shall be governed by the liability provisions contained in this Agreement
and no other liability whatsoever shall attach to VERIZON.VERIZON shall be liable for
the individual services,facilities or elements that it separately provides to SPRINT and
shall not be liable for the integrationof components combined by SPRINT.
2.8 SPRINT Tariffs or Contracts.
SPRINT shall,in its tariffs or other contracts for services provided to its customers using
services obtained from VERIZON,provide that in no case shall VERIZON be liable to
SPRINT's customers or any third parties for any indirect,special or consequential
damages,including,but not limited to,economic loss or lost business or profits,whether
foreseeable or not,and regardless of notification by SPRINT of the possibility of such
damages and SPRINT shall indemnifyand hold VERIZON harmlessfrom any and all
claims,demands,causes of action and liabilities based on any reason whatsoever from
its customers as provided in this Agreement.Nothing in this Agreement shall be deemed
to create a third-party beneficiary relationshipwith SPRINT's customers.
2.9 No Liability for Errors.
VERIZON is not liable for mistakes that appear in VERIZON's listings,911 and other
information databases,or for incorrect referrals of customers to SPRINTfor any ongoing
SPRINT service,sales or repair inquiries,and with respect to such mistakes or incorrect
referrals,SPRINT shall indemnifyand hold VERIZON harmlessfrom any and all claims,
demands,causes of action and liabilities whatsoever,including costs,expenses and
reasonableattorney's fees incurred on account thereof,by third parties,including
SPRINT's customers or employees.For purposes of this Section mistakes and incorrect
referrals shall not include matters arising out of the,gross negligence,or willful
misconductof VERIZON or its employees or agents.
2.10 UnlawfulUse of Service.
Services provided by VERIZON pursuant to this Agreement shall not be used by SPRINT
or its customers for any purpose in violation of law.SPRINT,and not VERIZON,shall be
responsible to ensure that SPRINT and its customers'use of services provided
hereundercomply at all times with all applicable laws.VERIZON may refuse to furnish
service to SPRINT or disconnect particular services provided under this Agreement to
SPRINT or,as appropriate,SPRINT's customer when (i)an order is issued by a court of
competent jurisdiction finding that probable cause exists to believethat the use made or
to be made of the service is prohibited by law or (ii)VERIZON is notified in writing by a
law enforcement agency acting within its jurisdiction that any facility furnishedby
VERIZON is being used or will be used for the purpose of transmitting or receiving
gambling information in interstate or foreign commerce in violation of law.Termination of
service shall take place after reasonable notice is provided to SPRINT,or as ordered by
the court.If facilities have been physically disconnected by law enforcementofficials at
the premises where located,and if there is not presented to VERIZON the written finding
of a court,then upon request of SPRINT and agreement to pay restoral of service
charges and other applicable service charges,VERIZON shall promptly restore such
service.
251/252 FINALAGREEMENT 23
3.Dispute Resolution.
3.1 Alternative to Litigation.
Except as provided under Section 252 of the Act with respect to the approvalof this
Agreement by the Commission,the Parties desire to resolve disputes arising out of or
relating to this Agreement without litigation.Accordingly,the Parties may agree to use
the following alternative dispute resolution procedures with respect to any action,dispute,
controversy or claim arising out of or relating to this Agreement or its breach,except with
respect to the following:
3.1.1 An action seeking a temporary restraining order or an injunction related to the purposesof
this Agreement;
3.1.2 A dispute,controversy or claim relating to or arising out of a change in law or reservationof
rights under the provisions of Article ll,Section 1;and
3.1.3 A suit to compel compliance with this dispute resolution process.
Any such actions,disputes,controversies or claims may be pursued by either Party
before any court,commission or agency of competent jurisdiction.Notwithstandingthe
foregoing,and subject to Section 3.2,nothing herein shall be construed as limiting a
Party's right to seek resolution of such disputes before the Commission or any other
available forum.
3.2 Negotiations.
At the written request of a Party,each Party will appoint a knowledgeable,responsible
representativeto meet and negotiate in good faith to resolve any dispute arising out of or
relating to this Agreement.The Parties intend that these negotiations be conducted by
non-lawyer,business representatives.The location,format,frequency,duration,and
conclusion of these discussions shall be left to the discretion of the representatives.
Upon agreement,the representatives may utilize other alternative dispute resolution
procedures such as mediation to assist in the negotiations.Discussions and
correspondence among the representatives for purposes of these negotiationsshall be
treated as confidential information developed for purposes of settlement,exempt from
discovery,and shall not be admissible in the arbitration described belowor in any lawsuit
without the concurrence of all Parties.Documents identified in or providedwith such
communications,which are not prepared for purposes of the negotiations,are not so
exempted and may,if otherwise discoverable,be discovered or otherwise admissible,be
admitted in evidence,in the arbitration or lawsuit.
3.3 Arbitration.
If the dispute is not resolved within sixty (60)days of the initial written request,the
dispute,upon mutual agreement of the Parties,may be submitted to binding arbitration
by a single arbitrator pursuant to the Commercial Arbitration Rules of the American
ArbitrationAssociation e×cept that the Parties may select an arbitrator outside American
Arbitration Association rules upon mutual agreement.If the Parties mutually agree to
arbitrate the dispute,a Party may demand such arbitration in accordance with the
procedures set out in those rules.Discovery shall be controlled by the arbitrator and
shall be permittedto the extent set out in this section.Each Party may submit in writing
to a Party,and that Party shall so respond to,a maximum of any combination of thirty-five
(35)(none of which may have subparts)of the following:interrogatories,demands to
produce documents,or requests for admission.Each Party is also entitled to take the
251/252 FINAL AGREEMENT 24
oral deposition of one individual of another Party.Additional discovery may be permitted
upon mutual agreement of the Parties.The arbitration hearing shall be commenced
within sixty (60)Business Days of the demand for arbitration.The arbitration shall be
held in a mutually agreeable city.The arbitrator shall control the scheduling so as to
process the matter expeditiously.The Parties may submit written briefs.The arbitrator
shall rule on the dispute by issuing a written opinion within thirty (30)Business Days after
the close of hearings.The times specified in this section may bc extended upon mutual
agreement of the Parties or by the arbitrator upon a showing of good cause.Judgment
upon the award rendered by the arbitrator may be entered in any court having
jurisdiction.
3.4 Expedited Arbitration Procedures.
If the issue to be resolved through the negotiations referenced in Section 3.2 directly and
materially affects service to either Party's end-user customers and the Parties have
mutually agreed to arbitrate the issue,then the period of resolution of the dispute through
negotiations before the dispute is to be submitted to bindingarbitration shall be five (5)
Business Days.Once such a service affecting dispute is submitted to arbitration,the
arbitration shall be conducted pursuant to the expedited procedures rules of the
Commercial Arbitration Rules of the American Arbitration Association (i.e.,rules 53
through 57).
3.5 Litigation
If the dispute is not resolved within thirty (30)days of the initial written request,and the
Parties do not agree to submit the dispute to arbitration,either Party may submit the
dispute to the Commission or any other available forum for resolution.
3.6 Costs.
Each Party shall bear its own costs in any proceeding before an arbitrator,court,the
Commissionor any other forum.A Party seeking discovery shall reiniburse the
responding Party the costs of reproducingdocuments to the extent allowed by the state's
rules of civil procedure governing discovery.Where the Parties have agreed to arbitrate,
the Parties shall equally split the fees of the arbitration and the arbitrator.Where a
Commissionappoints a neutral,third-party expert(s)or other facilitator(s)to assist in its
decision making,the Parties shall equally split the fees and expenses of such expert(s)or
facilitator(s).
3.7 Continuous Service.
The Parties shall continue providing services to each other during the pendency of any
dispute resolution procedure,and the Parties shall continueto perform their obligations,
including making payments in accordancewith Article I,Section 4.3 of this Agreement.
4.Confidential Information.
4.1 Identification.
Either Party may disclose to the other proprietary or confidential Customer,technical,or
business information in written,graphic,oral or other tangible or intangible forms
("ConfidentialInformation").In order for information to be considered Confidential
Information under this Agreement,it must be marked "Confidential"or "Proprietary,"or
bear a marking of similar import.Orally or visually disclosed information shall be deemed
Confidential Information only if contemporaneously identified as such and reducedto
251/252 FINAL AGREEMENT 25
writing and delivered to the other Party with a statement or marking of confidentiality
within thirty (30)calendar days after oral or visual disclosure.Notwithstandingthe
foregoing,the following shall be deemed Confidential Informationfor all purposes undcr
this Agreement whether or not specifically marked or designated as confidential or
proprietary:(a)preorders and all orders for services or UNEs placed by SPRINT pursuant
to this Agreement,and informationthat would constitute Customer proprietary network
information of SPRINT end-user Customers pursuant to the Act and the rules and
regulations of the FCC,as well as recorded usage information with respect to SPRINT
Customers,whether disclosed by SPRINT to VERIZON or otherwise acquired by
VERIZON in the course of its performance under this Agreement;and (b)all information
of a competitive nature providedto a Party in connectionwith collocation or known to the
Party as a result of access to VERIZON's wire center(s),central office(s)or access
tandem(s)or as a result of the interconnection of SPRINT'sequipment to VERIZON's
facilities.
4.2 Handling.
In order to protect Confidential Informationfrom improper disclosure,each Party shall not
use or disclose and shall hold in confidence Confidential Informationand hereby agrees:
4.2.1 That all Confidential Information shall be and shall remain the exclusive property of the
source;
4.2.2 To limit access to such Confidential Information to authorized employees who have a need
to know the Confidential Information for performance of this Agreement;
4.2.3 To keep such Confidential Informationconfidential and to use the same level of care to
prevent disclosure or unauthorized use of the received Confidential Informationas it
exercises in protecting its own Confidential Informationof a similar nature;
4.2.4 Not to copy,publish,or disclose such Confidential Information to others or authorize anyone
else to copy,publish,or disclose such Confidential Informationto others without the prior
written approval of the source;
4.2.5 Upon the source's request,to return or destroy promptly any copies of such Confidential
Informationat its request;and
4.2.6 To use such Confidential Information only for purposesof fulfilling work or services
performed hereunder and for other purposes only upon such terms as may be agreed upon
between the Parties in writing.
4.3 Exceptions.
These obligations shall not apply to any Confidential Information that:(a)was legally in
the recipient's possession prior to receipt from the source;(b)was received in good faith
from a third party not subject to a confidential obligation to the source;(c)now is or later
becomes publicly known through no breach of confidential obligation by the recipient;(d)
was developed by the recipientwithout the developing persons having access to any of
the Confidential Information received in confidence from the source;(e)or is required to
be disclosed pursuant to subpoena or other process issued by a court or administrative
agency having appropriatejurisdiction,provided,however,that the recipient shall give
prior notice to the source and shall reasonably cooperate if the source deems it
necessary to seek protective arrangements.VERIZON reserves the right to provide to
any information service provider a list of any and all telecommunicationsproviders doing
251/252 FINALAGREEMENT 26
business with VERIZON.Nothing in this Section 4 is intended to expandor limit the
Parties'rights and obligations under Section 222 of the Act.
4.4 Survival.
The obligation of confidentiality and use with respect to Confidential Informationdisclosed
by one party to the other shall survive any termination of this Agreement for a period of
three (3)years from the date of the initial disclosure of the Confidential Information.
5.Miscellaneous.
5.1 Binding Effect.
This Agreement shall be bindingon and inure to the benefit of the respective successors
and permitted assigns of the Parties.
5.2 Consent.
Where consent,approval,or mutual agreement is required of a Party,it shall not be
conditional,unreasonablywithheld,or delayed.
5.3 Expenses.
Except as specifically set out in this Agreement,each Party shall be solely responsiblefor
its own expenses involved in all activities related to the subject of this Agreement.
5.4 Force Majeure.
In the event performance of this Agreement,or any obligation hereunder,is either directly
or indirectly prevented,restricted,or interferedwith by reason of fire,flood,eadhquake or
likes acts of God,wars,revolution,civil commotion,explosion,acts of public enemy,
embargo,acts of the government in its sovereign capacity,labor difficulties,including
without limitation,strikes,slowdowns,picketing,or boycotts,unavailabilityof equipment
from vendor,changes requested by Customer,or any other circumstancesbeyond the
reasonable control and without the fault or negligence of the Party affected,the Party
affected,upon giving prompt notice to the other Party,shall be excused from such
performanceon a day-to-day basis to the extent of such prevention,restriction,or
interference (and the other Party shall likewise be excused from performanceof its
obligations on a day-to-day basis until the delay,restriction or interference has ceased);
provided however,that the Party so affected shall use diligent efforts to avoid or remove
such causes of nonperformance and both Parties shall proceed whenever such causes
are removed or cease.
5.5 Good Faith Performance.
In the performance of their obligations under this Agreement,the Parties shall act in good
faith.In situations in which notice,consent,approval or similar action by a Party is
permitted or required by any provision of this Agreement,such action shall not be
conditional,unreasonablywithheld or delayed.
5.6 Governing Law.
This Agreement shall be governed by and construed in accordance with the
TelecommunicationsAct of 1996,applicable federal and (to the extent not inconsistent
251/252 FINALAGREEMENT 27
therewith)domestic laws of the state where the services are provided or the facilities
reside and shall be subject to the exclusivejurisdiction of the courts therein.
5.7 Headings.
The headings and numbering of Sections,Parts and Attachments in this Agreement are
inserted for convenience and identificationonly and shall not be considered in the
interpretationof this Agreement or construed to define or limit any of the terms herein.
5.8 Independent Contractor Relationship.
The persons provided by each Party shall be solely that Party's employees and shall be
under the sole and exclusive direction and control of that Party.They shall not be
considered employees of the other Party for any purpose.Each Party shall remain an
independent contractor with respect to the other and shall be responsiblefor compliance
with all laws,rules and regulations involving,but not limited to,employment of labor,
hours of labor,health and safety,working conditions and payment of wages.Each Party
shall also be responsiblefor payment of taxes,includingfederal,state and municipal
taxes,chargeable or assessed with respect to its employees,such as Social Security,
unemployment,workers'compensation,disability insurance,and federal and state
withholding.Each Party shall indemnify the other for any loss,damage,liability,claim,
demand,or penalty that may be sustained by reason of its failure to comply with this
provision.
5.9 Multiple Counterparts.
This Agreement may be executed in multiple counterparts,each of which shall be
deemed an original,but all of which shall together constitute but one and the same
document.
5.10 No Third Party Beneficiaries.
Except as may be specifically set forth in this Agreement,this Agreement does not
provide and shall not be construed to provide third parties with any remedy,claim,
liability,reimbursement,cause of action,or other right or privilege.
5.11 Notices.
Any notice to a Party required or permitted under this Agreement shall be in writing and
shall be deemed to have been received on the date of service if served personally,on the
date receipt is acknowledged in writing by the recipient if delivered by regular U.S.mail
or on the date stated on the receipt if delivered by certified or registered mail or by a
courier service that obtains a written receipt.Notice may also be provided by facsimle.
Internetor electronic messaging system,which shall be effective if sent before 5:00 pm
on that day,in the time zone in which it is received,or if sent after 5:00 p.m.it will be
effective on the next Business Day following the date sent,provided,however,that any
such notice shall be confirmed via personal delivery,regular U.S.Mail or certified
maillcourier service.Any notice shall be delivered using one of the alternatives
mentioned in this section and shall be directed to the applicable address or Internet ID
indicated below or such address as the Party to be notified has designated by giving
notice in compliance with this section:
If to VERIZON:
VERIZON California,Inc.
251/252 FINALAGREEMENT 28
Attention:Assistant Vice President/AssociateGeneralCounsel
Service Corporation
600 Hidden Ridge -HQEWMNOTICES
Irving,TX 75038
Telephone number:972/718-6361
Facsimile number:972/718-3403
Internet Address:[e-mail]
and
VERIZON California,Inc.
Attn:Director-Wholesale Contract Compliance
Network Services
600 Hidden Ridge -HQEWMNOTICES
Irving,TX 75038
Telephone Number:972/718-5988
Facsimile Number:972/719-1519
Internet Address:[e-mail]
If to SPRINT:
SPRINT Communications Company L.P.
Attention:Attention:W.Richard Morris
Vice-President-Local Market Integration
7301 College Blvd.KSOPKVO214
Overland Park,KS 66210
Telephone number:913-534-6102
Facsimile number:913-534-6818
Internet Address:(E-mail)
5.12 Publicity.
Any news release,public announcement,advertising,or any form of publicity pertaining
to this Agreement,provision of services,or facilities pursuant to it,or association of the
Parties with respect to provision of the services described in this Agreement shall be
subject to prior written approval of both VERIZON and SPRINT.
5.13 Rule of Construction.
No rule of construction requiring interpretation against the drafting Party hereof shall
apply in the interpretation of this Agreement.All references to sections,exhibits,
attachments,appendices,etc.shall be deemed to be references to sections,exhibits,
attachments,appendices,etc.of this Agreement,as amended or superseded from time
to time,unless the context shall otherNiSe require.Each Party hereby incorporates by
reference those provisions of its tariffs that govern the provision of any of the services or
facilities provided hereunder.If any provision of this Agreement and an applicable tariff
or any schedule,exhibit or appendix hereto cannot be reasonably construed or
interpreted to avoid conflict,the provision contained in this Agreement shall prevail,
providedthat in all cases the more specific shall prevail over the more general.The fact
that a condition,right,obligation,or other terms appears in this Agreement,but not in any
such applicable tariff or any such schedule,exhibit or appendix hereto,shall not alone be
interpreted as,or alone be deemed grounds for finding,a conflict.
251/252 FINAL AGREEMENT 29
5.14 Section Refe,ence
Except as otherwise specified,references within an Article,Attachment or Appendix of
this Agreement to a Section refer to Sections within that same respectiveArticle,
Attachment or Appcndi×.
5.15 Attechments.
All attachments,appendices,exhibits and schedules attached hereto are deemed to be
an integral part of this Agreement,and all references to the term Agreement herein shall
be deemed to include such attachments,appendices,exhibits and schedules.
5.16 Subcontractors.
Provider may enter into subcontracts with third parties or Affiliates for the performance of
any of Provider's duties or obligations under this Agreement.
5.17 Trademarks and Trade Names.
Unless otherwise mutually agreed upon,neither Party shall publish or use the other
Party's logo,trademark,service mark,name,language,pictures,or symbols or words
from which the other Party's name may reasonably be inferred or implied in any product,
service,advertisement,promotion,or any other publicity matter,except that nothing in
this paragraph shall prohibit a Party from engaging in valid comparative advertising.This
paragraph shall confer no rights on a Party to the service marks,trademarks and
tradenames owned or used in connection with services by the other Party or its Affiliates,
except as expressly authorized in writing by the other Party.
5.18 Waiver.
The failure of either Party to insist upon the performance of any provision of this
Agreement,or to exercise any right or privilege granted to it under this Agreement,shall
not be construed as a waiver of such provision or any provisions of this Agreement,and
the same shall continue in full force and effect.Waiver by either Party of any default by
the other Party shall not be deemed a waiver of any other default.
5.19 Amendments.
Any amendment,modification,or supplement to this Agreement must be in writing and
signed by an authorized representative of each Party.The term "this Agreement"shall
include future amendments,modifications,and supplements.
5.20 Assignment.
Any assignment by either Party of any right,obligation,or duty,in whole or in part,or of
any interest,without the written consent of the other Party shall be void,except that either
Party may assign all of its rights,and delegate its obligations,liabilities and duties under
this Agreement,either in whole or in part,to any entity that is,or that was immediately
preceding such assignment,a Subsidiary or Affiliate of that Party without consent,but
with written notification.The effectiveness of an assignment shall be conditioned upon
the assignee's written assumption of the rights,obligations,and duties of the assigning
Party.However,when VERIZON is the assignor,VERIZON agrees that it will only assign
to an assignee that is an ILEC as defined by the Act.
251/252 FINALAGREEMENT 30
5.21 Authority.
Each person whose signature appears on this Agreement representsand warrants that
he or she has authority to bind the Party on whose behalf he or she has executedthis
Agreement.Each Party represents he or she has had the opportunityto consult with
legal counsel of his or her choosing and SPRINT has not relied on VERIZON counsel,
pursuant to this Agreement.
5.22 Entire Agreement.
This Agreement constitutes the entire agreement of the Parties pertainingto the subject
matter of this Agreement and supersedes all prior agreements,negotiations,proposals,
and representations,whether written or oral,and all contemporaneous oral agreements,
negotiations,proposals,and representationsconcerning such subject matter.No
representations,understandings,agreements,or warranties,expressed or implied,have
been made or relied upon in the making of this Agreement other than those specifically
set forth herein.
251/252 FINAL AGREEMENT 31
(THIS PAGE IS INTENTIONALLY LEFT BLANK-RESERVED FOR FUTURE USE)
251/252 FINAL AGREEMENT 32
SIGNATURE PAGE
IN WITNESS WHEREOF,each Party has executed this Agreement effective on the Effective Datedescribedabove.
VERIZON CALIFORNIA,INC.SPRINT COMMUNICATIONS COMPANY L.P.
Name Jeffrey A.Masoner Name W.Richard Morris
Title Vice President Title Vice President,Local MarketsInterconnectionServices
Date Date March 29,2001
251/252 FINAL AGREEMENT 33
APPENDIX A TO ARTICLES I &II
GLOSSARY
911 Service
A universal telephone number which gives the public direct access to the Public Safety Answering Point
(PSAP).Basic 911 service collects 911 calls from one or more local exchange switches that serve a
geographic area.The calls are then sent to the correct authority designated to receive such calls.
Access Service Request (ASR)
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.
Act
The Communications Act of 1934 (47 U.S.C.§151 et.seq.),as from time to time amended (including,
without limitation by the TelecommunicationsAct of 1996,Public Law 104-104 of the 104th United States
Congress effective February 8,1996),and as further interpreted in the duly authorized rules and
regulations of the FCC or the Commission.
Affiliate
A person,corporation or other legal entity that,directly or indirectly,owns or controls a Party,or is owned
or controlled by,or is under common ownership or control with a Party.For purposes of this paragraph,
the term "own"means an equity interest (or the equivalent thereof)of more than ten percent.
Answer Supervision
An off-hook supervisory signal.
Applicable Law
All laws,statutes,common law,regulations,ordinances,codes,rules,guidelines,orders,permits,and
approvals of any GovernmentalAuthority,which apply or relate to the subject matter of this Agreement,
and are applicable to each Party's performance of its obligations hereunder.
As-Is Transfer (AIT)
The transfer of all TelecommunicationsServices and features available for resale,that are currently being
provided for a specific account,without the requirements of a specific enumeration of the services and
features on the Local Service Request (LSR).
Automatic Location Identification/Data Management System (ALIIDMS)
The emergency services (E-911/911)database containing Customer location information (including
name,address,telephone number,and sometimes-specialinformation from the local service Provider)
used to process subscriber access records into Automatic Location Identification (ALl)records.From this
database,records are forwarded to VERIZON's ALI Gateway for downloading by local ALI database
systems to be available for retrieval in response to Automatic Number Identification (ANI)from a 9-1-1
call.Also,from this database,VERIZON will upload to its selective routers the selective router ALI
(SR/ALI)which is used to determine to which Public Safety Answering Point (PSAP)to route the call.
251/252 FINAL AGREEMENT 34
Automated Message Accounting (AMA)
The structure inherent in switch technology that initially records telecommunicationmessage information.
AMA format is contained in the Automated Message Accounting document,published by Telcordia
Technologies as GR-1100-CORE which defines the industry standard for message recording.
tomatic Number identification (ANI)
The signaling parameter which refers to the number transmitted through the network identifying the billingnumberofthecallingParty.
Bill-and-Keep Arrangement
A compensation arrangement whereby the Parties do not render bills to each other for the terminationof
Local Traffic specified in this Agreement and whereby the Parties terminate local exchange trafficoriginatingfromEnd-Users served by the networks of the other Party without explicit chargingamong or
between said carriers for such traffic exchange.
Bona Fide Request (BFR)
A process for SPRINT to request certain services,features,capabilities or functionality,associated with
unbundled network elements,that are not currently offered in the Agreement.
Business Day
Monday through Friday,except for holidays on which the U.S.mail is not delivered.
Central Office Switch
A switch used to provide telecommunications services including but not limited to (1)End Office SwitcheswhichareClass5switchesfromwhichend-user Exchange Services are directly connected and offered,
and (2)Tandem Office Switches which are Class 4 switches which are used to connect and switch trunk
circuits between and among central office switches.Central office switches may be employed as
combination end officeltandem office switches (combination Class 5/Class 4).
Centralized Message Distribution System (CMDS)
The billing record and clearing house transport system that the Regional Bell Operating Companies
(RBOCs)and other incumbent LECs use to efficiently exchange out collects and in collects as well as
Carrier Access Billing System (CABS)records.
CLLI Codes
Common Language Location Identifier Codes.
Commission
California Public Utilities Commission.
Common Channel Signaling (CCS)
A high-speed specialized packet-switched communications network that is separate (out-of-band)from
the public packet-switched and message networks.CCS carries addressed signaling messages for
individual trunk circuits and/or database-related services between Signaling Points in the CCS network
using SS7 signaling protocol.
251/252 FINAL AGREEMENT 35
Competitive Local Exchange Carrier (CLEC)
Any company or person authorized to provide local exchange services in competitionwith an ILEC.
Compliance
Environmentaland safety laws and regulations based upon a federal regulatory framework,with certain
responsibilities delegated to the States.An environmentallsafety compliance program may include
review of applicable laws/regulations,development of written procedures,training of employees and
auditing.
Conversation Time
The time that both Parties'equipment is used for a completed call measured from the receipt of Answer
Supervision to the receipt of Disconnect Supervision.
Currently Available
Existing as part of VERIZON's network at the time of the requested order or service and does not include
any service,feature,function or capability that VERIZON either does not provide to itself,its affiliates,or
to its own End-Users,or does not have the capability to provide.
Customer
A third-party residence or business that subscribes to Telecommunications Services provided by either of
the Parties,or by another Telecommunications Service provider,and does not resell it to others.
Customer Service Record Search
Applied to LSR when CLEC requests a Customer service record search prior to account conversion from
VERIZON or from another CLEC.Search typically is for basic account information,listing/directory
information,service and equipment listing,and billing information.Applied on a per requested loop
and/or port basis.
Dedicated Transport
An Unbundled Network Element that is purchased for the purpose of transporting Telecommunication
Services between designated ServingWire Centers (SWC).Dedicated Transport may extend between
two VERIZON SWCs (Interoffice DedicatedTransport or IDT)or may extend from the VERIZON SWC to
the CLEC premise (CLEC Dedicated Transport or CDT).CDT remains within the exchange boundaries of
the SWC,while IDT traverses exchange boundaries.
Disconnect Supervision
An on-hook supervisory signal end at the completion of a call.
DS-1 or Digital Signal Level
A service transmitted at digital signal rate of 1.544 Mbps in the first level signal of the time-division
multiplex hierarchy.
DS-3 or Digital Signal Level 3
A service transmitted at digital signal rate of 44.736 Mbps,in the third-level signal of the time-division
multiplex hierarchy.
251/252 FINAL AGREEMENT 36
EI6etronic File Transfer
A system or process that utilizes an electronic format and protocol to send/receive data files.
End Office Switches
Switches that are Class 5 switches from which end-user Exchange Services are directly connected andoffered.
Enhanced Service Provider (ESP))/Internet Service Provider (ISP)Traffic
Traffic bound to any Enhanced Service Provider or Internet Service Provider.Unless and until theCommissionrulesdifferentlyinDocketNo.00-02-005,ESP/ISP Traffic is separate and distinct from Local
Traffic.
E-911 Service
A method of routing 911 calls to a PSAP that uses a Customer location database to determine the
location to which a call should be routed.E-911 service includes the forwarding of the caller's AutomaticNumberIdentification(ANI)to the PSAP where the ANI is used to retrieve and display the Automatic
Location Identification (ALI)on a terminal screen at the answering Attendant's position.It usually includesselectiverouting.
Exchange Message Interface (EMI)
Standard used for the interexchange of telecommunications message information between exchangecarriersandinterexchangecarriersforbillable,nonbillable,sample,settlement and study data.Data isprovidedbetweencompaniesviaauniquerecordlayoutthatcontainsCustomerbillinginformation,
account summary and tracking analysis.EMI format is contained in document SR-320 published by theAllianceforTelcomIndustrySolutions.
Exchange Access
The offering of access to telephone exchange services or facilities for the purpose of the origination orterminationofthetelephonetollservices.
Expanded Interconnection Service (EIS)/Collocation
Collocation providesfor access to the Company's premises,including,its wire centers and accesstandemslistedintheNationalExchangeCarrierAssociation,Inc.,Tariff FCC 4 and other buildings or
similar structures owned or leased by the Company that house the Company's network facilities for the
purpose of interconnection for the exchange of traffic with the Company and/or for access to unbundled
network elements.
Facility
All buildings,equipment,structures and other items located on a single site or contiguous or adjacent
sites owned or operated by the same persons or person as used in Article ll,Section 2.2.
FCC
The Federal Communications Commission,or any successory agency of the United States government;provided such succession has assumed such duties and responsibilities of the former FCC.
251/252 FINAL AGREEMENT 37
Generator
Under the Resource Conservation Recovery Act (RCRA),the personwhose act producesa hazardous
waste (40 CFR 261)or whose act first causes a hazardouswaste to become subject to regulation.The
generator is legally responsiblefor the proper managementand disposal of hazardouswastes in
accordance with regulations (see reference in Article ll,Section 2.2).
GTE Guide
The VERIZON internet web site which contains VERIZON's operating practices and procedures and
general informationfor pre-ordering,ordering,provisioning,repair and billing for resold services and
unbundled elements and guidelines for obtaining interconnectionwith VERIZON's switched network.
GTOC
GTE Telephone Operating Company.
Imminent Danger
As described in the Occupational Safety and Health Act and expanded for environmental matters,any
conditions or practices at a facility which are such that a danger exists which could reasonably be
expected to cause death or serious harm or significant damage to the environment or natural resources.
Incumbent Local Exchange Carrier (ILEC)
Any local exchange carrier that was as of February 8,1996,deemed to be a member of the Exchange
Carrier Association as set forth in 47 C.F.R.(69.601(b)of the FCC's regulations.
Initial Service Order
A charge applied to each LSR of Unbundled Loops and/or Ports with the exception of Subsequent
Service Order changes to existing CLEC accounts.
Interconnection Facility
See "Internetwork Facilities".
Interconnection Point (IP)
The physical point on the network where the two parties interconnect.The IP is the demarcation point
between ownership of the transmission facility.(For purposes of this Agreement,the term "lP"is used
interchangeably with the term Point of Interconnection,or POI.)
InterexchangeCarrier (IXC)
A telecommunicationsservice Provider authorized by the FCC to provide interstate long distance
communications services between LATAs and is authorized by the State to provide InterLATAand/or
IntraLATA long distance communications senrices within the State.
Internet Traffic
Traffic that is transmitted to or returned from the Internetat any point during the duration of the
transmission.
251/252 FINALAGREEMENT 38
ilderiin Number Portability (INP)
The delivery of Local Number Portability (LNP)capabilities,from a Customer standpoint in terms of call
completion,with as little impairment of functioning,quality,reliability,and convenience as possible andfromacarrierstandpointintermsofcompensation,through the use of existing and available call routing,
fonwarding,.andaddressing capabilities.
InterLATA
Telecommunicationsservices between a point located in a local access and transport area and a point
located outside such areas.
Internetwork Facilities
The physical connection of separate pieces of equipment,transmission facilities,etc.,within,between
and among networks,for the transmission and routing of Exchange Service and ExchangeAccess.
IntraLATA
Telecommunications services that originate and terminate at a point within the same local access andtransportarea.
ISDN User Part (ISUP)
A part of the SS7 protocol that defines call setup messages and call takedown messages.
Line Information Data Base (LIDB)
One or all,as the context may require,of the Line Informationdatabases owned individually by VERIZON
and other entities which provide,among other things,calling card validation functionality for telephone
line number cards issued by VERIZON and other entities.A LIDB also contains validationdata for collect
and third number-billedcalls;i.e.,Billed Number Screening.
Line Side
Refers to an end office switch connection that has been programmed to treat the circuit as a local line
connected to an ordinary telephone station set.Line side connections offer only those transmission and
signalingfeatures appropriate for a connection between an end office and an ordinary telephone set.
Local Access and Transport Area (LATA)
A contiguous geographic area for the provision and administration of communications service;i.e.,
intraLATA or interLATA.Established before the date of enactment of the TelecommunicationsAct of 1996
by a Bell operatingcompany such that no exchange area includes points within more than one
metropolitanstatistical area,consolidated metropolitan statistical area,or State,except as expressly
permitted under the AT&T Consent Decree dated August 24,1982;or established or modified by a Bell
operating company after such date of enactment and approved by the FCC.
Local Exchange Carrier (LEC)
Any person that is engaged in the provision of telephone Exchange Service or Exchange Access.
251/252 FINALAGREEMENT 39
Exchange Routing Guide (LERG)
The Telcordia Technologies reference customarily used to identify NPANXX routing and homing
information,as well as network element and equipment designation.
Local Number Portability (LNP)
The ability of users of Telecommunications Services to retain,at the same location,existing
telecommunications numbers without impairment of quality,reliability,or conveniencewhen switching
from one telecommunications carrier to another.
Local Service Request (LSR)
The industry standard form,which contains data elements and usage rules,used by the Parties to
establish,add,change or disconnect resold services and Unbundled Network Elements for the purposes
of competitive local services.
Local Traffic
For purposes of compensation between the Parties,Local Traffic is VERIZON Traffic that terminates to
SPRINT and SPRINT traffic that terminates to VERIZON,that is within VERIZON's then current local
serving area,including mandatory local calling scope arrangements.A mandatory local calling scope
arrangement is an arrangement that provides End-Users a local calling scope,i.e.Extended Area Service
(EAS),beyond their basic exchange serving area.The Parties agree that the points of call origination
and termination shall be used to determine Local Traffic,and agree to use the Rate Center assignments
of the calling and called NPAINXX's as shown in the LERG to make such determination.Local Traffic
does not include optional local calling scopes,i.e.optional rate packages that permit the End-Userto
choose a local calling scope beyond their basic exchange serving area for an additionalfee,referred to
hereafter as "optional EAS".Unless and until the Commission rules differently in Docket No.00-02-005,
Local Traffic does not include Enhanced Service Provider (ESP)and Internet Service Provider (ISP)
traffic,in addition to,but not limited to,it excludes Internet traffic,900/976,etc.,and Internet Protocol (IP)
based voice or fax telephony.
Loop Facility Charge
A charge applied to LSRs when fieldwork is required for establishment of unbundled loop service.
Applied on a per LSR basis.
Main Distribution Frame (MDF)
The primary point at which outside plant facilities terminate within a Wire Center,for interconnection to
other telecommunicationsfacilities within the Wire Center.The distributionframe used to interconnect
cable pairs and line trunk equipment terminating on a switching system.
Meet-Point Billing (MPB)
Refers to an arrangement whereby two LECs jointly provide the transport element of a switched access
service to one of the LEC's end office switches,with each LEC receiving an appropriate share of the
transport element revenues as defined by the effective access tariffs.
Mid-Span Fiber Meet
An interconnection architecture whereby two carriers'fiber transmission facilities meet at a mutually
agreed upon IP.
251/252 FINAL AGREEMENT 40
Multiple Exchange Carrier Acccss Billing (MECAB)
Refers to the 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 forTelecommunicationsIndustrySolutions(ATIS).The MECAB document,published by [BellCore]Telcordia Technologies as Special Report SR-BDS-000983,contains the recommended guidelinesfor the
billing of an access service provided by two or more LECs,or by one LEC in two or more states within asingleLATA.
Multiple Exchange Carriers Ordering and Design Guidelines for Access Services -IndustrySupportInterface(MECOD)
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 theAllianceforTelecommunicationsIndustrySolutions(ATIS).The MECOD document,published by[BellCore]Telcordia Technologiesas Special Report SR-STS-002643,establishes methods for
processing orders for access service that is to be provided by two or more LECs.
Network Interface Device (NID)
The VERIZON provided interface terminating VERIZON's telecommunication network on the propertywherethecustomer's End-User 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.The
point of demarcation between the End-User's inside wiring and VERIZON's facilities.
North American Numbering Plan (NANP)
The system of telephone numbering employed in the United States,Canada,Bermuda,Puerto Rico and
certain Caribbean islands that employ NPA 809.The format is a 10-digitnumber that consist of a 3-digit
NPA Code (commonly referred to as area code),followed by a 3-digit NXX code and 4 digit line number.
Numbering Plan Area (NPA)
Also sometimes referred to as an area code,is the three-digit indicator which is defined by the "A","B",
and "C"digits of each 10-digittelephone number within the NANP.Each NPA contains 800 possible NXX
Codes.There are two general categories of NPA,"Geographic NPAs"and "Non-Geographic NPAs".A
Geographic NPA is associatedwith a defined geographic area,and all telephone numbers bearingsuch
NPA are associated with services provided within that geographic area.A Non-Geographic NPA,also
known as a "ServiceAccess 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.
NXX,NXX Code,Central Office Code or CO Code
The three-digit switch entity indicator which is defined by the "D","E",and "F"digits of a 10-digittelephonenumberwithintheNANP.Each NXX Code contains 10,000 station numbers.It is the first three
digits of a seven-digit telephone number.
Owner or Operator
As used in OSHA regulations,owner is the legal entity,including a lessee,which exercises control overmanagementandrecordkeepingfunctionsrelatingtoabuildingorfacility.As used in the Resource
Conservation and Recovery Act (RCRA),operator means the person responsiblefor the overall (or part of
the)operations of a facility (see reference in Article II,Section 2.2).
251/252 FINALAGREEMENT 41
PariylParties
VERIZON and/or SPRINT.
Provider
VERIZON or SPRINT depending on the context and which Party is providingthe service to the other
Party.
Public Safety Answering Point (PSAP)
An answering location for 9-1-1 calls originating in a given area.A PSAP may be designated as Primary
or Secondary,which refers to the order in which calls are directed for answering.Primary PSAPs
respond first;Secondary PSAPs receive calls on a transfer basis only,and generally serve as a
centralized answering location for a particular type of emergency call.PSAPs are staffed by employees
of Emergency Response Agencies (ERAs)such as police,fire or emergency medical agenciesor by
employees of a common bureau serving a group of such entities.
Public Switched Telecommunications Network (PSTN)
The worldwide voice telephone network accessible to all those with telephones and access privileges.In
the U.S.,formerly known as the "Bell System network"or the "AT&T long distance network".
Rate Center
The specific geographic point and corresponding exclusive geographic area that are associated with one
or more particular NPA-NXX Codes that have been assigned to a LEC for its provision of Exchange
Services.The geographic point is identified by a specific Vertical and Horizontal (V&H)coordinate that is
used to calculate distance-sensitive End-User traffic tolfrom the particular NPA-NXXsassociated with the
specific Rate Center.
Right-of-way (ROW)
The right to use the land or other property of another Party to place poles,conduits,cables,other
structures and equipment,or to provide passage to access such structures and equipment.A ROW may
run under,on,or above public or private property (including air space above public or private property)
and may include the right to use discrete space in buildings,building complexes,or other locations.
Routing Point
Denotes a location that a LEC has designated on its network as the homing (routing)point for traffic that
terminates to Exchange Services provided by the LEC that bear a certain NPA-NXX designation.The
Routing Point is used to calculate airline mileage for the distance-sensitive transport element charges of
SwitchedAccess Services.Pursuant to Telcordia Technologies Practice BR795-100-100,the Routing
Point may be an end office location,or a "LEC Consortium Point of Interconnection."The Routing Point
must be in the same LATA as the associated NPA-NXX.
Service Control Point (SCP)
The node in the Common Channel Signaling network to which informational requests for service handling.
such as routing,are directed and processed.The SCP is a real time database system that,based on a
query from the SSP and via a Signaling Transfer Point,performs subscriber or application-specific service
logic,and then sends instructions back to the SSP on how to continue call processing.
251/252 FINAL AGREEMENT 42
Service Switching Point (SSF)
A Signaling Point that can launch queries to databases and receivelinterpret responses used to providespecificCustomerservices.
Shared Transport
The physical interoffice facility not dedicated to any one Customer,which is used to transport a callbetweenswitchingoffices.A central office switch translates the End-User dialed digits and routes the call
over a Common Transport Trunk Group that rides interoffice transmission facilities.These trunk groups
and the associated interoffice transmission facilities are accessible by any End-User (VERIZON End-User
or SPRINT End-Userwhen SPRINT has purchased unbundled local switching),and are referred to as"shared transport facilities".
Signaling Point (SP)
A node in the CCS network that originates and/or receives signaling messages,or transfers signaling
messages from one signaling link to another,or both.
Signaling System 7 (SS7)
The signaling protocol,Version 7,of the CCS network,based upon American National Standards Institute
(ANSI)standards.
Signal Transfer Point (STP)
A packet switch in the CCS network that is used to route signaling messages among SSPs,SCPs and
other STPs in order to set up calls and to query databases for advanced services.VERIZON's network
includes mated pairs of local and regional STPs.STPs are provided in pairs for redundancy.VERIZON
STPs conform to ANSI T1.111-8 standards.It provides SS7 Network Access and performs SS7 message
routing and screening.
Subsidiary
A corporation or other legal entity that is majority owned by a Party.
Subsequent Service Order
Applied to LSRs requesting a service change to an existing unbundled account (no CLEC transfer).For
disconnect-only LSRs,no NRC will be applied.
Synchronous Optical Network (SONET)
Synchronous electrical (STS)or optical channel (OC)connections between LECs.
Switched Exchange Access Service
The offering of facilities for the purpose of the origination or termination of traffic to or from Exchange
Service Customers in a given area pursuant to a switched access tariff.Switched Access Services
including but not limited to:Feature Group A,Feature Group B,Feature Group C,Feature Group D,500.
700,800,888 and 900 access services.
251/252 FINAL AGREEMENT 43
Tandem Office Switches
Switches that are Class 4 switches which are used to connect and switch trunk circuits betweenand
among central office switches.
Telcordia Technologies
Formally known as BellCore,a wholly owned subsidiary of Science Applications InîernationalCorporation
(SAIC).The organizationconducts research and development projects for its owners,including
development of new Telecommunications Services.Telcordia Technologies also provides certain
centralized technical and management services for the regional holding companies and also provides
generic requirements for the telecommunications industry for products,services and technologies.
Telecommunications Services
The offering of telecommunicationsfor a fee directly to the public,or to such classes of users as to be
effectively available directly to the public,regardless of the facilities used.
Telephone Exchange Service
(1)Service within a telephone exchange,or within a connected system of telephone e×changes within the
same exchange area operated to furnish to subscribers intercommunicatingservice of the character
ordinarilyfurnished by a single exchange,and which is covered by the exchange service charge,or (2)
comparable service provided through a system of switches,transmission equipment,or other facilities (or
combination thereof)by which a subscriber can originate and terminate a telecommunicationsservice.
Third Party Contamination
Environmental pollution that is not generated by the LEC or SPRINT but results from off-site activities
impacting a facility.
Transfer of Service
A charge applied to LSR's that involve account changes (e.g.,CLEC to CLEC transfers,DA &CPE billing
changes on Unbundled Ports).
Trunk Side
Refersto 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 Central Office Switch.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.
Unbundled Network Element (UNE)
Generally a facility or equipment used in the provision of a Telecommunications Service.Specific
references to UNEs contained throughout this Agreement shall be to the network elements that are to be
unbundled pursuant to the UNE Attachment.
Undefined Terms
Terms that may appear in this Agreement which are not defined.Parties acknowledge and agree that
any such terms shall be construed in accordance with customary usage in the telecommunications
industry as of the effective date of this Agreement.
251/252 FINAL AGREEMENT 44
Vertical Features (including CLASS Features)
Vertical services and switch functionalities provided to VERIZON's retail customers,including but not
limited to:Automatic Call Back;Automatic Recall;Call Forwarding Busy Line/Don'tAnswer;Call
Forwarding Don't Answer;Call Forwarding Variable;Call Forwarding-Busy Line;Call Trace;Call
Waiting;Call Number Delivery Blocking Per Call;Calling Number Blocking Per Line;Cancel Call Waiting;
Distinctive Ringing/CallWaiting;Incoming Call Line Identification Delivery;Selective Call Forward;
Selective Call Rejection;Speed Calling;and Three Way Calling/Call Transfer.
Wire Center
A building or space within a building that serves as an aggregation point on a LEC's network,where
transmission facilities and circuits are connected or switched.Wire Center can also denote a building in
which one or more Central Offices,used for the provision of Exchange Services and Exchange Access
Services,are located.
251/252 FINALAGREEMENT 45
INTERCONNECTIONATTACHMENT
1.General.
This InterconnectionAttachment (Attachment)together with Articles I and II,sets forth the terms
and conditions under which VERIZON and SPRINT will interconnect their networks for the
transmission and mutual exchange of telephone exchange and exchange access traffic.This
Attachment governs the provision and compensation of internetwork facilities (i.e.,physical
interconnectionservices and facilities),switched transport,and switched termination for Local,
IntraLATAToll,and optional EAS traffic.This Attachment also sets forth the terms and conditions
under which VERIZON and SPRINT will provide the Meet-Point Billing (MPB)of jointly provided
Interexchange Carrier (lXC)access between VERIZON and SPRINT.The interconnection
services and facilities described in this Attachment shall be referred to herein collectively as
"Services"and individuallyas "Service".
The Parties have agreed,pursuant to their August 21,2000 letter agreement (which is attached
hereto and incorporated by reference),not to compensate each other underthis Agreement for
the exchange of Internet traffic and to treat such traffic as excluded from Local Traffic,unless and
until the Commission orders otherwise in a final Order in the Rulemaking in Docket No.00-02-
005.If and when the Commission issues such final Order,the Parties have further agreed,
pursuantto their August 21,2000 letter agreement,to negotiate in good faith and to amend the
terms and provisions of this Agreement as necessary to bring this Agreement in conformity with
such final Order.
2.ServiceArrangements Provided Under this Attachment.
2.1 Transport and Termination of Traffic.
The Parties shall reciprocally terminate Local,IntraLATA Toll,and optional EAS traffic (or
other traffic the Parties agree to exchange)originating on each other's networks utilizing
either Direct or Indirect Network interconnections as provided herein in Section 2.3 or
Section 2.5,respectively.To this end,the Parties agree that there will be interoperability
between their networks.The Parties agree to exchange traffic associated with third party
ILECs,CLECs and Wireless Service Providers pursuant to the compensation
arrangement specified in Section 5.5 herein.In addition,the Parties will notify each other
of any anticipated change in traffic to be exchanged (e.g.,traffic type,volume).
2.2 Tandem SwitchedTraffic.
The Parties will provide tandem switching for traffic between the Parties'end offices
subtending each other's tandem,as well as for traffic between either Party's Customers
and any third party which is interconnected to the other Party's tandems.
2.3 Direct Network Interconnection.
SPRINT may interconnect with VERIZON on its network at any of the minimum points
required by the FCC that are Currently Available in VERIZON's existing network.
Interconnectionat additional points will be reviewed on an individualcase basis.Where
the Parties mutually agree to directly interconnecttheir respective networks,
interconnectionwill be as specified in the following subsections.Unless otherwise
agreed by the Parties,the interconnection installation time line where no construction is
required shall be twenty-five (25)Business Days after the date on which Sprint delivered
notice via an ASR to VERIZON.Where construction is required,the interconnection
installation time line shall be as mutually agreed by the Parties,with due consideration
given to delays that are not within VERIZON's control.Internetworkconnection and
251/252 FINAL AGREEMENT 46
protocol must be based on industry standards developed consiatentwith Section 256 of
the Act.
2.3.1 Subject to mutual agreement,the Parties may use the following types of network
facility interconnection,using such interface media as are (i)appropriate to
support the type of interconnection requested and (ii)available at the facility atwhichinterconnectionisrequested.However,if the appropriate interface is not
available at the facility at which the interconnection is requested,the Parties shall
mutually agree to establish a timetable for provision of the requestedinterconnection.
2.3.1.1 A Mid-Span Fiber Meet within an existing VERIZON exchange area
whereby the Parties mutually agree to jointly plan and engineer their
facility interconnectionat a designated location.The Interconnection
Point (IP)is the demarcation between ownership of the fiber
transmission facility.Each Party is individually responsible for its
incurred costs in establishing this arrangement.
2.3.1.2 A collocation arrangement at a VERIZON Wire Center subject to the
rates,terms,and conditions contained in VERIZON's applicabletariffs,
except as provided in the Collocation Attachment.
2.3.1.3 A special access arrangement terminating at a VERIZON Wire Center.
2.3.2 The Parties will mutually designate at least one IP on VERIZON's networkwithin
each LATA for the exchange of Local Traffic.As specified in section 2.4.6.2 of
this Attachment,Sprint may establish additional routing point(s)through the
establishment of trunk groups provisioned over dedicated facilities between the
IP and additional VERIZON switches.
2.4 Trunking Requirements.
In accordance with Article I,Section 3.4,it will be necessary for the Parties to have met
and agreed on trunking availabilityand requirements in order for the Parties to begin
exchange of traffic.
2.4.1 Switching Center Trunking.The Parties agree to establish trunk groups of
sufficient capacity from the interconnectingfacilities such that trunking is
available to any switching center designated by either Party,including end
offices,tandems,911 routing switches,and directory assistanceloperator service
switches.The Parties will mutually agree where one-way or two-way trunking will
be available.The Parties may use two-way trunks for delivery of Local Traffic or
either Party may elect to provision its own one-way trunks for delivery of Local
Traffic to the other Party.If a Party elects to provision its own one-way trunks,
that Party will be responsiblefor its own expenses associated with the trunks.
SPRINT and VERIZON shall,where applicable,make reciprocally available,by
mutual agreement,the required trunk groups to handle different traffic types.
SPRINT and VERIZON will support the provisioning of trunk groups that carry
combined or separate Local Traffic,intraLATA toll and optional EAS traffic.Sprint
will establish separate trunk groups,to the extent Sprint subtends a VERIZON
access tandem,for the routing of exchange access traffic used to provide
Switched Access Service to IXCs.To the extent SPRINT desires to have anyIXCsoriginateorterminateswitchedaccesstraffictoorfromSPRINT,using
jointly provided switched access facilities routed through a VERIZON access
251/252 FINALAGREEMENT 47
tandem,it is the responsibility of SPRINT to arrange for such IXC to issue an
Access Service Request ("ASR")to VERIZON to direct VERIZON to route the
traffic.If VERIZON does not receive an ASR from the IXC,VERIZON will initially
route the switched access traffic between the IXC and SPRINT.If the IXC
subsequently indicates that it does not want the traffic routed to or from SPRINT,
VERIZON will not route the traffic.
2.4.1.1 Notwithstanding Section 2.1 of this Attachment,each Party agrees to
initially route traffic only over the properjurisdictional trunk group,as
follows:
a)originating traffic destined for the Sprint Operator Services platform (e.g.,00-.
1010333 or other Sprint routed CIC plus "O"to reach the Sprint operator)will
be routed to Sprint over new or existing Sprint access trunks,as leased from
VERIZON by Sprint pursuant to the terms of VERIZON access tariff(s).
b)VERIZON originated traffic destined to a Sprint Customer (e.g.,7 or 10 digit
dialed)will be routed to Sprint over local interconnectiontrunks.
c)Sprint originated traffic destined to a VERIZON Customer (e.g.,7 or 10 digit
dialed)will be routed to VERIZON over local interconnection trunks.This
traffic may include local traffic terminatedto VERIZON from a Sprint Operator
Services platform.
d)Sprint originated traffic routed to an interexchange carrier (e.g.,1+Toll)
connected at a VERIZON access tandem will be routed to VERIZON over
access interconnection trunks.
e)Toll traffic routed to Sprint from an interexchange carrier connectedat a
VERIZON tandem (e.g.,terminating toll)will be routed to Sprint over access
interconnection trunks.
While the initial trunking will be as specified above,the Parties may agree to
additional trunk groups,or a combination of trunk groups.
2.4.1.2 Each Party shall only deliver traffic over the local interconnectiontrunk
groups to the other Party's tandem for those publicly-dialableNXX Codes
served by end offices that directly subtend the tandem or to those
wireless service providers that directly subtend the tandem.
2.4.1.3 Neither Party shall route Switched Access Service traffic over local
interconnection trunks,or Local Traffic over Switched Access Service
trunks.
2.4.2 Tandem Trunking-Interconnection at the Tandem for Local,InterLATAToll,
and/or IntraLATA Toll Traffic
2.4.2.1 Single Tandem LATAs.Where VERIZON has a single Tandem in a
LATA,IntraLATA Toll,and/or Local Traffic may be segregatedon
separate interconnectiontrunk groups,or combined on a single
interconnection trunk group,as specified in Section 2.4.1,for calls
destined to or from all end offices and NXX's which subtendVERIZON s
tandem.This trunk group shall be two-way,unless the Parties mutually
agree to one-way,and will utilize Signaling System 7 (SS7)signaling.
where available.
251/252 FINAL AGREEMENT 48
2.4.2.2 Multiple Tandem LATAs.Where VERIZON has more than one Tandem
in a LATA,IntraLATA Toll,and/or Local Traffic may be segregated on
separate interconnection trunk groups,or may be combined on a single
interconnectiontrunk group,as specified in Section 2.4.1,at every
VERIZON tandem to terminate calls destined to or from all end offices
and NXX's which subtend each tandem.
At Sprint's option,pursuant to Section 2.3.2 of this Attachment,such
interconnection trunk groups may interconnect at only one of the
VERIZON Tandems in the LATA.In such case SPRINT may establish
additional routing points through the establishmentof trunk groupsprovisionedoverdedicatedfacilitiesbetweentheIPandadditional
VERIZON switches.SPRINT agrees to pay the appropriate facilities,
switching,transport,and end-office termination charges to compensate
VERIZON for terminating calls to all VERIZON subscribers in that LATA.
2.4.3 End-Office Trunking.When SPRINT elects to order additional trunks using
standard industry engineering principles,based on forecasted or actual traffic at
SPRINT's average busy season,and there is a DS1 worth of traffic (512 CCS)
between SPRINT and a VERIZON end office,the ordered trunks will be direct
trunks to VERIZON's end office.To the extent that SPRINT has establisheda
Collocation arrangement at a VERIZON end office location,and has available
capacity,the Parties agree that SPRINT shall provide two-way direct trunk
facilities,when required,from that end office to SPRINT's switch.
2.4.4 Overflow Trunking.Sprint shall overflow traffic at parity with how VERIZON
overflows its own traffic.
2.5 Indirect Network Interconnection.
The Parties agree that to the extent they exchange traffic through a third party's tandem,
compensationarrangements will be established between the Parties in accordance with
Section 5.4 below.
2.6 Number Portability (NP).
2.6.1 Interim Number Portability (INP).Each Party shall provide the other Party with
service provider number portability as an INP option for the purpose of allowing
Customers to change service-providing Party without changing their telephone
number.The Parties shall provide service provider number portability to each
other using remote call forwarding ("RCF")and/or direct inward dialing ("DID")
The requesting Party will provide "fonvard to"telephone number that is within the
same Wire Center.The VERIZON rates for INP service using RCF are set out in
Appendi× B attached to this Attachment and made a part of this Agreement.
SPRINT shall provide INP to VERIZON at the rates specified for SPRINT in
Appendix B.
2.6.2 If a Party wishes to use DID to provide INP to its Customers,a dedicated trunk
group is required between the VERIZON end office where the DID numbers are
served into the SPRINT switch.If there are no existing facilities between
VERIZON and the SPRINT,the dedicated facilities and transport trunks will be
provisionedas unbundled service using the ASR provisioning process.The
requesting Party will reroute the DID numbersto the pre-positionedtrunk group
using a Local Service Request ("LSR").SPRINT may purchase DID trunk
service from VERIZON's tariff
251/252 FINAL AGREEMENT 49
2.6.3 Local Number Portability (LNP).The Parties agree that they shall develop and
deploy LNP in accordance with the Act,such binding FCC and state mandates,
and industry standards,as may be applicable.
2.6.3.1 The Parties agree that all INP accounts will be converted to LNP within a
reasonable period of time after the conversion of an INP providing switch
to commercially available LNP,and that a reasonableperiod of time is
ninety (90)calendar days unless otherwise negotiated.
2.6.3.2 New requests for INP will not be allowed in a switch once LNP has been
deployed in that switch.
2.6.3.3 When SPRINT ports a telephone number to a SPRINT switch,SPRINT
will order access interconnectiontrunks to the access tandem which the
NPA/NXX of the ported number subtends for terminating feature group D
switched access traffic,as shown in the LERG.
2.7 Meet-Point Billing (MPB).The Parties may mutually establish MPB arrangements in
order to provide SwitchedAccess Services to Access ServiceCustomers via a VERIZON
access tandem in accordance with the MPB guidelines adopted by and contained in the
Ordering and Billing Forum's MECAB and MECOD documents,except as modified herein
and as described in Section 5.4.4 for INP.
2.7.1 VERIZON shall permit and enable SPRINT to sub-tend the VERIZON access
tandem(s)nearest to the SPRINT Rating Point(s)associatedwith the NPA-
NXX(s)tolfrom which the Switched Access Services are homed.In instances of
trunk port capacity limitation at a given access tandem,VERIZON will provision
trunk ports to SPRINT in the same manner in which it provisions trunk ports to
itself.SPRINT shall be allowed to subtend the next-nearest VERIZON access
tandem in which sufficient trunk port capacity is available.
3.Operations Matters.
3.1 Service Ordering.
SPRINT initiates orders to establish,add,change or disconnect trunk-side
interconnection services by sending an ASR to VERIZON.SPRINT should submit ASRs
to VERIZON through on-line applications or electronic files.SPRINTwill order services
for INP and LNP by sending a LSR to VERIZON.SPRINT should submit LSRs to
VERIZON through an electronic interface or via facsimile (fax).The ordering process is
described in the GTE Guide.The ASR and/or LSR will be reviewed by VERIZON for
validation and correction of errors.Errorswill be referred back to SPRINT.SPRINT then
will correct any errors that VERIZON has identified and resubmit the request to VERIZON
electronically through a supplemental ASRILSR.
In instances where VERIZON initiates a service order to Sprint for interconnection
facilities or trunks,until such time as VERIZON is capable of initiating such orders
electronically,VERIZON will complete the necessary fields on the ASR and transmit the
order to Sprint via FAX.The ASR will be reviewed by Sprint,and any errors will be
referred back to VERIZON.
251/252 FINAL AGREEMENT 50
3.2 Trunk Provisioning.
3.2.1 Trunk Connections.Reciprocaltraffic exchange arrangementtrunk connections
shall be made at a DS1 or multiple DS-1 level,DS-3,or where technically
available,Synchronous Optical Network ("SONET"),and shall be jointly-
engineered to the appropriate industry grade of service standard such that the
overall probabilityof call blockage does not exceed B.01.
3.2.2 Grooming.SPRINT and VERIZON agree to use diligent efforts to develop and
agree on a Joint Interconnection Grooming Plan prescribingstandards to ensure
that the reciprocal traffic exchange arrangement trunk groups are maintained at
the appropriate industry grades of service standard B.01,overall.Such plan
shall also include mutually-agreed upon default standards for the configurationof
all segregated trunk groups.
3.2.3 Signaling.SS7 Common Channel Signalingwill be used to the extent that such
technology is available.If SS7 is not available,Multi-FrequencySignaling (MF)
will be used as specified.
3.2.4 ESF Facilities.The Parties agree to offer and provide to each other B8ZS
Extended Superframe Format (ESF)facilities,where available,capable of voice
and data traffic transmission.
3.2.5 64kbps Channel.The Parties will support intercompany64kbps clear channel
where available.
3.3 Toll Free Code Traffic (800,888,etc.)
3.3.1 If Sprint chooses VERIZON to handle toll free code database queries from
Sprint's central office switches,all Sprint originating toll free code servicequeries
will be routed over the interconnecting trunk group.This traffic will include a
combination of both Interexchange Carrier toll free code service and LEC toll free
code service that will be identified and segregated by carrier through the
database query handled through the VERIZON tandem switch.
3.3.2 Sprint may handle its own toll free code database queries from its switch.If so,
Sprint will determine the nature (exchange carrier or IXC 800 service provider)of
the toll free code call based on the response from the database.If the query
determines that the toll free service provider is an exchange carrier,Sprint will
rout the post-queryten-digit local number to VERIZON over the intra-LATAILocal
trunk group.If the query reveals the toll free service provider is an IXC,Sprint
will route the post-query call (toll free code number)directly from its switch for
carriers interconnectedwith its network or over the Access Toll Connectinggroup
to carriers not directly connected to its network but are connectedto VERIZON's
access tandem.
3.4 High Volume Call-In Network
3.4.1 A separate High Volume Call In-Local Interconnection (HVCl-LI)trunk group may
be provisioned between Sprint's end office(s)and VERIZON's LERG-designated
High Volume Call-In tandem(s)or High Volume Call-In Serving Office(s)for each
of VERIZON's Mass Calling NPA-NXX(s)in a LATAor,alternatively,between
Sprint's tandem and VERIZON's LERG-designatedHVCl tandem(s)or HVCI
Serving Office(s).This HVCl-LI trunk group shall be designed and built as one-
way (Sprint Central Office-to-VERIZONtandem)only and shall use SS7
251/252 FINAL AGREEMENT 51
signaling.As the HVCI-LI trunk group is designed to block all e×cessive attempts
toward HVCl/Mass Calling NXXs,it is necessarily exempt from the one percent
blocking standard described elsewhere for other final Local Interconnection
Trunk Groups.Sprint may use call-gapping and software designed networks to
control congestion in the mass calling network.
It is recommended that this group be sized as follows:
Number of Access Lines Served Number of HVCl-LI Trunks
0 -5,000 2
5,001 -25,000 3
25,001 -50,000 4
50,001 -75,000 5
75,000+6 Maximum
3.4.2 All applicable compensation arrangements described elsewhere for Local
Interconnection Trunks/Trunk Groups and terminating access shall apply to
HVCl-LI Trunks/Trunk Groups and traffic.
3.4.3 Should Sprint assign a Mass Calling code and establish an HVCl-LI interface for
traffic destined to its HVCI central office(s),VERIZON shall establish reciprocal
mass calling trunks to Sprint subject to the requirementsset forth in this Section.
Sprint has the option of call gapping or trunking in a specific tandem for gapping
by VERIZON.
3.4.4 Where VERIZON and Sprint both provide HVCl-LI trunking,both Parties'HVCl-LI
trunks may ride the same DS-1.MF and SS7 trunk groups shall not be provided
within a DS-1 facility;a separate DS-1 per signaling type must be used.
3.5 Trunk Forecasting.
3.5.1 Joint Forecasting.The Parties will develop joint forecasting of trunk groups in
accordance with Article l,Section 3.3.Intercompany forecast informationmust
be provided by the Parties to each other twice a year.The semi-annualforecasts
will include:
3.5.1.1 yearly forecasted trunk quantitiesfor no less than a two-year period
(current year,plus one year);and
3.5.1.2 the use of (i)CLClMSG codes,which are described in Telcordia
Technologies document BR 795-100-100;(ii)circuit identifier codes as
described in BR 795-400-100;and (iii)Trunk Group Serial Number
(TGSN)as described in BR 751-100-195.
3.5.2 Major Network Projects.Descriptionof major network projects that affect the
other Party will be provided with the semi-annual forecasts provided pursuant to
Section 3.3.1.Major network projects include but are not limited to trunking or
network rearrangements,shifts in anticipated traffic patterns,or other activities by
either Party that are reflected by a significant increase or decrease in trunking
demand for the following forecasting period.
251/252 FINAL AGREEMENT 52
3.5.3 Forecast Reviews.Parties will meet to review and reconcile their forecasts iftheirrespectiveforecastsdiffersignificantlyfromoneanother.
3.5.4 Trunk Facility Underutilization.At least once a year the Parties shall exchange
trunk group measurement reports for trunk groups terminating to the other
Party's network.In addition and from time to time,each Party will determinethe
required trunks for each of the other Party's trunk groups from the previous 12
months servicing data.Required trunks will be based on the appropriate grade
of service standard (B.01 (end office)or 8.005 (tandem))or the JointInterconnectionGroomingPlanreferencedinSection3.2.2.When a condition of
excess capacity is identified,VERIZON will facilitate a review of the trunk group
existing and near term (3 to 6 months)traffic requirementswith the Customer for
possible network efficiency adjustment.
3.6 Network Redesigns Initiated by VERIZON.
VERIZON will not charge SPRINT when VERIZON initiates its own network
redesigns/reconfigurations.
3.7 Routing Points.
When SPRINT submits an ASR requesting trunks for the exchange of SPRINTtraffic,the
ASR must reflect the NPA/NXX(s)associatedwith the trunks being ordered.UnlessspecifiedontheAdditionalNXXCodeOpeningform,subsequent NXXs of SPRINTwill
be routed in the same manner as the initial NXXs.
3.8 Common Channel Signaling.
3.8.1 Service Description.The Parties will provide Common Channel Signaling (CCS)
to one another via SS7 network interconnection,where and as available,in the
manner specified in FCC Order 95-187,in conjunction with all traffic exchange
trunk groups.SS7 signaling and transport services shall be provided by
VERIZON in accordance with the terms and conditions of this Section 3.6.The
Parties will cooperate on the exchange of all appropriate SS7 messages for local
and intraLATA call set-up signaling,including ISDN User Part ("ISUP")and
Transaction Capabilities Application Part ("TCAP")messages to facilitate full
interoperability of all CLASS Features and functions betweentheir respective
networks.Any other SS7 message services to be provided using TCAP
messages (such as database queries)will be jointly negotiated and agreed upon
3.8.2 Signaling Parameters.All SS7 signaling parameters will be provided in
conjunction with traffic exchange trunk groups,where and as available.These
parameters include Automatic Number Identification ("ANI"),Calling Party
Number ("CPN"),Privacy indicator,calling party category information,originating
line information,charge number,etc.Also included are all parameters relating to
network signaling information,such as Carrier Information Parameter ("CIP")
wherever such information is neededfor call routing or billing.VERIZON will
provide SS7 via GR-394-SS7 and/or GR-317-SS7 format(s).
3.8.3 Privacy Indicators.Each Party will honor all privacy indicatorsas required under
applicable law.
3.8.4 Connection Through Signal Transfer Point (STP).SPRINT must interconnect
with the VERIZON STP(s)serving the LATA in which the traffic exchangetrunk
groups are interconnected Additionally,all interconnectionto VERIZON's
251/252 FINALAGREEMENT 53
800/888 database and VERIZON's Line Information Data Base (LIDB)shall,
consistentwith this section,take place only through appropriate STP pairs.
3.8.5 Third Party Signaling Providers.SPRINT may choose a third-party SS7 signaling
provider to transport messages to and from the VERIZON SS7 network.In that
event,that third party provider must present a letter of agency to VERIZON,prior
to the testing of the interconnection,authorizing the third party to act on behalf of
SPRINT in transporting SS7 messages to and from VERIZON.The third-party
provider must interconnectwith the VERIZON STP(s)serving the LATA in which
the traffic exchange trunk groups are interconnected.
3.8.6 MultiFrequencySignaling.In the case where CCS is not available,in band Multi-
Frequency (MF),wink start,and E &M channel associatedsignaling with ANI will
be provided by the Parties.Network signaling information,such as CIC/OZZ,will
be provided wherever such information is needed for call routing or billing.
3.9 Network Management Controls.
Each Party shall provide a 24-hour contact number for Network Traffic Management
issues to the other's network surveillance management center.A fax number must also
be provided to facilitate event notifications for planned mass calling events.Additionally,
both Parties agree that they shall work cooperatively that all such events shall attempt to
be conducted in such a manner as to avoid degradation or loss of service to other
Customers.Each Party shall maintain the capability of respectively implementingbasic
protective controls such as "Cancel To"and "Call Gap."
4.Technical/Regulatory Requirements and Restrictions.
4.1 Interconnection Calling Scopes.
4.1.1 VERIZON Tandem Interconnection calling scope (terminating usage from
SPRINT)is to those VERIZON end offices which subtend the VERIZON tandem
to which the connection is made except as provided for in Section 4.2.
4.1.2 VERIZON End Office Interconnection calling scope (terminating usage from
SPRINT)is only to the end office and its remotes to which the connection is
made.
4.2 Inter-Tandem Switching.
The Parties will only use inter-tandem switching for the transport and termination of Local
Traffic,Optional EAS and IntraLATA Toll originating on each other's network at and after
such time as the Parties have agreed to and fully implemented generally accepted
industry signaling standards and Automated Message Accounting ("AMA")record
standardswhich shall support the recognition of multiple tandem switching events.
4.3 Number Resources.
4.3.1 Number Assignment.Nothing in this Agreement shall be construed to,in any
manner,limit or otherwise adversely impact SPRINT's right to employ or to
request and be assigned any NANP number resources including,but not limited
to,Central Office (NXX)Codes pursuant to the Central Office Code Assignment
Guidelines.Any request for numbering resources by SPRINT shall be made
directly to the NANP Number Plan Administrator.The Parties agree that
disputes arising from numbering assignment shall be resolved by the NANP
251/252 FINALAGREEMENT 54
Number Plan Administrator.SPRINT shall not request number resources to be
assigned to any VERIZON switching entity.
4.3.2 Numbering/DialingArrangement Changes.Each Party shall be responsiblefor
notifying its Customers of any changes in numbering or dialing arrangementsto
include changes such as the introduction of new NPAs or new NXXcodes.Each
Party is responsible for administering NXX codes assigned to it.
4.4 Rate Centers.
For purposes of compensation between the Parties and the ability of the Parties to
appropriately apply their toll rates to their end-user Customers,SPRINT shall adopt the
Rate Center areas and Rate Center points that the Commission has approved,and shall
assign whole NPA-NXX codes to each Rate Center within which SPRINT is providing
Local Exchange Service,or as otherwise allowed by NANP guidelines.
4.5 Code and Numbers Administration.
The Parties will comply with code administration requirementsas prescribed by the FCC,
the Commission,and accepted industry guidelines.
4.6 ProgrammingSwitches.
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 Local
Exchange Routing Guide ("LERG")to recognize and route traffic to the other Party's
assigned NXX codes.Neither Party shall impose any fees or charges whatsoever on the
other Party for such activities.
4.7 Maintenance of Tariffs.
SPRINT and VERIZON will use diligent efforts,individually and collectively,to maintain
provisions in their respective federal and state access tariffs,and/or provisionswithin the
National Exchange Carrier Association (NECA)Tariff No.4,or any successor tariff,
sufficient to reflect any Meet-Point Billing arrangement betweenthe Parties entered into
pursuant to this Agreement,including MPB percentages.
5.Financial Matters.
5.1 Rates and Charges.
Sprint agrees to pay to VERIZON the rates and charges for the Services set forth in the
applicable appendices to this Attachment,which constitutes part of this Agreement.
VERIZON's rates and charges for transport and termination of traffic are set forth in
Appendix A.VERIZON's rates and charges for INP using RCF are set forth in Appendix
B.VERIZON agrees to pay to Sprint these same rates and charges for the Services set
forth in the applicable appendices,or to pay a separate set of cost-based rates and
charges for local reciprocally compensated traffic pursuant to 47 C.F.R.§51.711.
Should Sprint file cost studies to establish cost based rates for terminationof local traffic
Sprint shall provide Notice to VERIZON of such filing.Once a State Commission has
approved a cost based traffic termination rate for Sprint,Sprint may provide Notice to
VERIZON requesting the Parties negotiateto amend this agreement to incorporate
Sprint's cost based rate.If the Parties are unableto agree upon an amendmentwithin 90
days of such notice (or a longer period of time as agreed),either Party shall have the
right to arbitrate the issue before the State Commission.
251/252 FINALAGREEMENT 55
5.2 Billing.
The providing Party shall render to receiving Party a bill for interconnectionservices on a
current basis.Charges for physical facilities and other non-usage sensitive charges shall
be billed in advance,except for charges and credits associatedwith the initial or final
bills.Usage sensitive charges,such as charges for termination of Local Traffic,shall be
billed in arrears.
5.3 Billing Specifications.
The Parties agree that billing requirementsand outputs will be consistent with the
Telcordia Technologies Billing Output Specifications(BOS).
5.3.1 Usage measurement for calls shall begin when Answer Supervision or equivalent
SS7 message is received from the terminating office and shall end at the time of
call disconnect by the calling or called subscriber,whichever occurs first.
5.3.2 Minutes of use ("MOU"),or fractions thereof,shall not be rounded upward on a
per-call basis,but will be accumulated over the billing period.At the end of the
billing period,any remaining fraction shall be rounded up to the nearestwhole
minute to arrive at total billable minutes for each interconnection.MOU shall be
collected and measured in minutes,seconds,and tenths of seconds.
5.3.3 In the event detailed billing records are not available (e.g.indirect
interconnection),summary billing reports may be utilized.
5.4 Compensation For Exchange Of Traffic.
5.4.1 Mutual Compensation.The Parties shall compensate each other for the
exchange of Local Traffic originated by or terminating to the Parties'Customers
in accordance with Section 5.4.3.Charges for the transport and termination of
optional EAS,intraLATA toll and interexchange traffic shall be in accordancewith
the Parties'respective intrastate or interstate access tariffs,as appropriate.
5.4.1.1 For purposes of reciprocalcompensation,this Agreement recognizes
that unless and until the Commission rules differently in Docket No.00-
02-005,traffic originated by and passed to Internet Service Providers
(ISPs),i.e.,internet traffic,shall not be treated as Local Traffic and,
therefore,shall not be subject to reciprocal compensation.
5.4.2 PLU Factors.If required,SPRINT and VERIZON will reciprocally provide
Percent Local Usage ("PLU")factors to each other on a semi-annualbasis to
identify the proper percent of Local Traffic carried on local interconnectiontrunks.
PLU's shall be reported in whole numbers only.If either Party does not provide
to the other Party an updated PLU,the previous PLU will be utilized.The Parties
agree to the initial PLU factor as set forth in Appendix A.
5.4.3 Bill-and-Keep.The Parties shall assume that Local Traftlc originated by or
terminating to the Parties'Customers is roughly balanced between the Parties
unless traffic studies indicate otherwise.Accordingly,the Parties agree to use a
Bill-and-KeepArrangement with respect to termination of Local Traffic only.
Either Party may request,pursuant to Article II,Section 5.1.1,that a traffic study
be performed no more frequently than once a quarter.Should such traffic study
indicate,in the aggregate,that either Party is terminating more than sixty (60)
percentof the Parties'total terminated minutes for Local Traffic,eitherParty may
251/252 FINAL AGREEMENT 56
notify the other that mutual compensation will commence on a going forward
basis pursuant to the rates set forth in Appendix A and following such notice it
shall begin and continue for the duration of the Term of this Agreement unless
otherwise agreed.Nothing in Section 5.4 shall be interpreted to (i)change
compensation set forth in this Agreement for traffic or services other than Local
Traffic,including but not limited to internetwork facilities,access traffic or wireless
traffic,or (ii)allow either Party to aggregate traffic other than Local Traffic for the
purpose of compensation under the Bill-and-KeepArrangement described in this
Section.
5.4.4 Compensation for Terminating Access Charges on Calls to Ported Numbersvia
RCF.The Parties agree that a meet point billing arrangement will be used to bill
ÏoÏÏerminatingswitched access charges associated with calls terminatedto a
ported number.Each Party will bill the IXCs applicableswitched access rate
elements for functions provided over each respective Party's facilities.The
Parties will follow any industry standards established for call record exchanges
for meet point billing.Until industry standards for call record exchanges are
established for interim number portability,the Parties agree that switched access
termination to a ported number will be billed by the Party providing interim
number portability and that the Party billing the switched access will share the
switched access revenue with the other Party.The Party providing interim
number portability is entitled to keep the portion of collected access revenue
associatedwith tandem switching,transport,and residualltransport
interconnection charge rate elements,as applicable.The Party terminating
portedcalls is entitled to receive the portion of collected access revenue
associatedwith the end office switching rate elements.As part of this revenue
sharing arrangement,the Parties agree to compensate each other as specified in
Appendix B.
5.4.4.1 As part of the revenue sharing arrangement described in Section 5.4.4
the number of lines per ported number that are subject to compensation
will be determined at the time the Customer's local service is changed
from one Party to the other.The number of lines per ported number
eligible for the shared revenue arrangement described in this section will
be limited to the number of lines in service on the date of conversion plus
a 10%growth margin.After conversion the number of lines per ported
number available for compensation can only be increased by mutual
consent of the Parties.
5.4.4.2 As part of the revenue sharing arrangement described in Section 5.4.4
the Parties agree that the compensation rates may change as a result of
changes in access rates,traffic volume or for other reasons and agree to
renegotiate the rates if a significant event occurs.At a minimum,the
Parties agree to reevaluate the rates on an annual basis.
5.4.4.3 The Parties agree that terminating switched access calls ported via
interim number portability may appear to the receiving Party to be a local
call and that the implementation of reciprocal compensationfor
terminating local calls may result in overcompensation for ported
switched access calls.The Parties agree that no charges shall be
applied to the ported switched access calls as part of the local traffic
termination.When the access revenue sharing arrangementdescribed
in Section 5.4.4 is in effect,the Parties agree to renegotiatethe
terminating shared access compensation rates if reciprocal
compensation for local calls is implemented.
251/252 FINALAGREEMENT 57
5.4.4.4 As part of the revenue sharing arrangement described in Section 5.4.4
the Party receivingthe payments on a per line per month basis agrees to
provide the following information on its invoice;name of the end user
accounts;the ported telephone numbers;the telephone numbers
assigned to the lines in its switch;the INP methods used;class of
service;and dates of initial installation and disconnects.
5.4.4.5 Upon implementation of permanent local number portability,the Parties
agree to transition all interim number portability Customers and their
services to permanent local number portability methods within a mutually
agreed upon time frame and discontinue use of further interim methods
of number portability.
5.5 Tandem Switched Traffic.
The Parties will provide tandem switching for traffic between the Parties'end offices
subtending each other's tandem,as well as for traffic between either Party's end-users
and any third party which is interconnected to the other Party's tandem as follows:
5.5.1 CompensationArrangements.
Sprint as the originating Party will compensate VERIZON as the tandem Party for
each minute of originated tandem switched traffic which terminates to third party
(e.g.,other CLEC,ILEC,or wireless service provider).The applicable rate for
this charge is the tandem transiting charge identified in Appendix A.
VERIZON as the originating Party will compensate Sprint as the tandem Party for
each minute of originated tandem switched traffic which terminates to third party
(e.g.,other CLEC,ILEC,or wireless service provider).The applicable rate for
this charge is the tandem transiting charge identified in Appendix A,or Sprint's
cost based rate as provided for in Section 5.1.
The originating Party also assumes responsibility for compensationto the
company which terminates the call.Neither the terminating Party nor the tandem
providerwill be required to function as a billing intermediary,e.g.,clearing house.
5.5.2 Third-Party Providers.The Parties agree to enter into their own agreements with
third-party providers.In the event that one Party originates traffic that transits the
second Party's network to reach a third-pany provider with whom the originating
Party does not have a traffic interexchange agreement,then the originating Party
will indemnify the second Party against any and all charges rendered by a third-
party provider for such traffic,including any termination charges related to such
traffic and attorneys fees and expenses.
5.6 Compensation for Internetwork Facilities.
The Parties agree to the following compensation for internetwork facilities,depending on
facility type.Only Local Traffic and IntraLATA Toll Traffic will be used for calculation of
this compensation.
5.6.1 Mid-Span Fiber Meet.VERIZON will charge special access (flat rated)transport
from the applicable intrastate access tariff and will rate charges between the IP
and VERIZON's interconnection switch.Subject to mutual agreement of the
Parties,the Parties may agree to interconnect utilizing alternative interconnection
arrangements,e.g.,Optical Networking or MetroLAN.DS1 facility chargeswill
251/252 FINAL AGREEMENT 58
be reduced to reflect the proportionate share of the facility that is used for
transport of Local Traffic originated by VERIZON.The initial proportionate sharefactorforfacilitiesissetforthinAppendixA.This factor will be updatedquarterly
in like manner or as the Parties otherwise agree.SPRINT will charge flat ratedtransport(i.e.non-usage sensitive)to VERIZON for SPRINT facilities used by
VERIZON at tariffed rates or as mutually agreed.SPRINT will apply charges
based on the lesser of;(i)the airline mileage from the IP to the SPRINT switch;
or (ii)the airline mileage from the VERIZON switch to the serving area boundary.
5.6.2 Collocation.VERIZON will charge EIS/Collocation rates from the applicableVERIZONtariff,unless otherwise specified in this Agreement.SPRINTwill
charge VERIZON flat rated transport at tariffed rates or as mutually agreed,toreflecttheproportionateshareofthefacilitythatisusedfortransportofLocal
Traffic originated by VERIZON.SPRINT will apply charges based on the lesserof(i)the airline mileage from the IP to the SPRINT switch;or (ii)two (2)times the
airline mileage from the VERIZON switch to the serving area boundary.
5.6.3 Special Access.VERIZON will charge special access rates from the applicableVERIZONintrastateaccesstariff.DS1 charges will be reduced to reflectthe
proportionate share of the facility that is used for transport of Local TrafficoriginatedbyVERIZON.The Parties will negotiate an initial factor representative
of the proportionate share of the facilities.This factor will be updated quarterly in
like manner or as the Parties otherwise agree.Subject to mutual agreement of
the Parties,the Parties may agree to interconnect utilizing alternative
interconnection arrangements,e.g.,Optical Networking or MetroLAN.
5.7 Meet-Point Billing (MPB)and ExchangeAccess Service.
5.7.1 Billing.As detailed in the MECAB document,SPRINT and VERIZON will,in a
timely fashion,exchange all information necessary to accurately,reliably and
promptly bill Access Service Customers for Switched Access Services traffic
jointly handled by SPRINT and VERIZON via the meet-point arrangement.
Information shall be exchanged in Exchange Message Interface ("EMl")format,
on magnetic tape or via a mutually acceptable Electronic File Transfer protocol.
5.7.1.1 SPRINT and VERIZON will exchange all information necessary to enable
each Party to transmit usage data to the other Party.Subsequentto the
exchange of transmission information,the tandem Party,as the
subsequent billing company (SBC),will provide the end office Party,as
the initial billing company (IBC),detailed ExchangeAccess usage data
(EMI Category 11-01)within thirty (30)calendar days of the end of the
billing period.The IBC will perform its responsibilitiesas defined by
MECAB,and will provide to the SBC summary usage data (EMI
Category 11-50)within ninety (90)calendar days of the detail recording,
or within ten (10)business days after the date that the IBC renders a bill
to the IXC(s),whichever date is sooner.
5.7.1.2 SPRINT and VERIZON shall work cooperativelyto coordinate rendering
of Meet-Point bills to Customers,and shall reciprocally provide each
other usage data and related information at the appropriate charge.
5.7.2 Compensation.Initially,billing to Access Service Customers for the Switched
Access Servicesjointly provided by SPRINT and VERIZON via the MPB
arrangement shall be according to the multiple-bill method as described in the
MECAB guidelines.This means each Party will bill the Access Service Customer
for the portion of service it provided at the appropriate tariff,or price list.
251/252 FINAL AGREEMENT 59
Subsequently,SPRINT and VERIZON may mutually agree to implementone of
the following options for billing to third parties for the Switched Access Services
jointly provided by SPRINT and VERIZON via the MPB arrangement:single-
bill/single tariff method;single-bill/multipletariff method;or to continue the
multiple-bill method.Should either Party prefer to change among these billing
methods,that Party shall notify the other Party of such a request in writing,ninety
(90)Business Days in advance of the date on which such change is desired to
be implemented.Such changes then may be made in accordancewith MECAB
guidelines and,if the Parties mutually agree,the change will be made.
251/252 FINAL AGREEMENT 60
APPENDIX A TO THE INTERCONNECTIONATTACHMENT
RATES AND CHARGES FOR TRANSPORT AND TERMINATION OF TRAFFIC
General.The rates contained in this Appendix A are the rates as defined in the Interconnection
Attachment and are subject to change resulting from future Commission or other proceedings,including
but not limited to any generic proceeding to determine VERIZON's unrecovered costs (e.g.,historic costs,contribution,undepreciated reserve deficiency,or similar unrecovered VERIZON costs (includingVERIZON's interim Universal Service Support Surcharge)),the establishment of a competitivelyneutraluniversalservicesystem,or any appeal or other litigation.
Each Party will bill the other Party as appropriate:
A.The Local Interconnection rate element that applies to Local Traffic on a minute of use
basis that each Party switches for termination purposes at its wire centers.The localinterconnectionrateis:$0.0068413.
B.The Tandem Switching rate element that applies to tandem routed Local Traffic on a
minute of use basis.The tandem switching rate is:$0.0048870
C.The Common Transport Facility rate element that applies to tandem routed Local Traffic
on a per minute/per mile basis.The Common Transport Facility rate is
VERIZON AT&T Arbitrated
$0.0000266 $0.0000155
D.The Common Transport Termination element that applies to tandem routed Local Traffic
on a per minutelper termination basis.The Common Transport Termination rate is
VERIZON AT&T Arbitrated
$0.0002092 $0.0002047
E.The Tandem Transiting Charge is comprised of the following rate elements:
VERIZON AT&T
Arb.
Tandem Switching:=$0.0048870 N/A
Tandem Transport (10 mile average):10 x $0.0000266 =$0.0002660 $0.000155
Transport Termination (2 Terminations):2 x $0.0002092 =$0.0004184 $0.0004094
Transiting Charge:=$0.0055714 $0.005451
F.Initial Factors:
1.PLU 95%
2.Initial Proportionate Share Factor 50%
3.Exempt Factor 5%
251/252 FINAL AGREEMENT 61
APPENDIX B TO THE INTERCONNECTIONATTACHMENT
RATES AND CHARGES FOR INTERIM NUMBER PORTABILITY USING RCF
General.The rates contained in this Appendix B are as defined in the InterconnectionAttachment,and
are subject to change resulting from future Commission or other proceedings,including but not limited to
any generic proceeding to determine VERIZON's unrecoveredcosts (e.g.,historic costs,contribution,
undepreciated reserve deficiency,or similar unrecovered VERIZON costs (including VERIZON's interim
Universal Service Support Surcharge)),the establishment of a competitively neutral universal service
system,or any appeal or other litigation.
Interim Number Portability
VERIZON AT&T
Remote Call Forwarding (linelmonth)$3.00 2.73
Non-Recurring Charges (NRCs)for Interim Number Portability
Pre-ordering
CLEC Account EstablishmentPer CLEC $269.00
Ordering and Provisioning
lnitial Service Order $37.45
Subsequent Service Order $28.23
Manual Ordering Charge $11.51
Custom Handling (Applicableto both INP and LNP)
Service Order Expedite $5-58
Coordinated Conversion $21.25
Hot Coordinated Conversion First Hour $37.07
Hot Coordinated Conversion Per Additional Quarter Hour $8.57
Application of NRCs
Pre-ordering:
CLEC Account Establishment is a one-time charge applied the first time that SPRINT orders any
service from this Agreement.
Ordering and Provisioning:
Initial Service Order (ISO)applies per Local Service Request (LSR)if not apart of a Unbundled
Network Element (UNE)ISO.
Subsequent Service Order applies per LSR for modifications to an existing LNP service.
Manual Ordering Charge applies to orders that require VERIZON to manually enter SPRINT's
order into VERIZON's Secure Integrated Gateway System (SIGS),e.g.faxed orders and orders
sent via physical or electronic mail.
251/252 FINAL AGREEMENT 62
Custom Handling (These NRCs are in addition to any Preorderingor Ordering and Provisioning NRCs):
Service Order Expedite applies if SPRINT requests service prior to the standarddue date
intervals and if not a part of a UNE Expedite.
Coordinated Conversion applies if SPRINT requests notification and coordination of service
cutover prior to the service becoming effective and if not a part of a UNE Coordinated
Conversion.
Hot CoordinatedConversion First Hour applies if SPRINT requests real-timecoordination of aservicecut-over that takes one hour or less,and if not a part of a UNE Hot Coordinated
Conversion First Hour.
Hot Coordinated Conversion Per Additional Quarter Hour applies,in addition to the HotCoordinatedConversionFirstHour,for every 15-minute segment of real-timecoordination of a
service cut-over that takes more than one hour,and if not a part of a UNE Hot Coordinated
Conversion Per Additional Quarter Hour.
In addition,as defined in the InterconnectionAttachment,the Party providingthe ported number will pay
the other Party the following rate per line per month for each ported business line and the rate per line per
month for each ported residential line for the sharing of Access Charges on calls to ported numbers.
California Contel
Business Rate Per Line Per Month:$3.05
Residential Rate Per Line Per Month:$2.40
CaliforniaVERIZON
Business Rate Per Line Per Month:$2.08
Residential Rate Per Line Per Month:$2.62
California West Coast
Business Rate Per Line Per Month:$5.58
Residential Rate Per Line Per Month:$4.88
251/252 FINAL AGREEMENT 63
AUGUST 2î,200 LETTER AGREEMENT
Steven J.Pitterle
Director -Negotiations
Wholesale Markets
Wholesale Network Services
600 Hidden Ridge HQEO3B67
P O.Box 152092
Irving,Texas 75038
Phone [phone]
Fax [phone]
[e-mail]
August 21,2000
Mr.W.Richard Morris
Vice President
External Affairs Local Markets
Sprint Communications Company L.P.
7301 College Boulevard
Overland Park,KS 66210
Dear Mr.Morris:
You have informed me that Sprint Communications Company L.P.("Sprint")intends to file a petition with
the California Public Utilities Commission (the "Commission")on or about August 25,2000 to compel
arbitration of an interconnection agreement with Verizon California Inc.f/kla GTE California Incorporated
("Verizon CA").This letter confirms the intentions of Sprint and Verizon CA (the "Parties")regarding the
treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement
that results from that arbitration (the "Agreement").
In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for
Internet traffic in Rulemaking No.00-02-005 (the "Rulemaking"),the Parties agree that while the issue will
be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration,Sprint will
state in the Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket
No.00-02-005 and will state that the Parties have agreed that neither party will present testimony in the
arbitration on the issue.Instead,the Parties agree to negotiate in good faith to conform the reciprocal
compensation and related provisions of the Agreement (as it pertains to the state of California)to reflect
the final Order of the Commission in the Rulemaking,and,if necessary,to true-up prior reciprocal
compensation billings and payments to reflect the terms of the Order retroactively to the effective date of
the Agreement.Such true-up will occur within sixty (60)days of the date on which the CommissionOrder
becomes effective and is not stayed.
251/252 FINAL AGREEMENT 64
It is expressly understood and agreed that except as may be required by the Order in the Rulemakingand
by the terms of this letter agreement,neither Party shall have any obligation to pay reciprocal
compensation on Internet traffic delivered to the other Party,and any provisions included in the
Agreement prior to the issuance of the Order shall so provide.
The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the
Order,they shall also include the following provision in the Agreement:
If the Commission,the FCC or a court of competent jurisdiction should issue or release an order,
or if a federal or state legislativeauthority should enact a statute,that by its terms (i)expressly
supercedes or modifies existing interconnectionagreements and (ii)specifies a rate or rate
structure for reciprocal compensation,intercarrier compensation,or access charges that is to
apply to Internet traffic,then the Parties shall promptly amend this Agreement to reflect the terms
of such order or statute.If an order or statute specifies such a rate or rate structure,but does not
expressly supercede or modify existing interconnection agreements,then either Party may
demand negotiations with the other Party to amend this Agreement to reflect the terms of such
order or statute.If such negotiations do not result in the Parties'amendment of this agreement
within thirty (30)days,either Party may bring this issue before the Commission for arbitration.
Any such amendment shall be retroactive to the effective date set forth in the order or statute,or
such date as ordered by the Commission.
Except for the provisions hereof pertaining to the Arbitration,by entering into this letter agreement the
Parties do not waive,and hereby expressly reserve,their respective rights to argue their positions
regarding the payment of reciprocalcompensation for Internet traffic before any regulatory,legislativeor
judicial body.
Please indicate your agreement to the foregoing by signing below.
Sincerely,
AGREED:
SPRINT COMMUNICATIONS COMPANY L.P.
BY:
DATE:
251/252 FINAL AGREEMENT 65
RESALE ATTACHMENT
1.General.
The rates,terms,and conditions for Resale are set forth in VERIZON's Resale Tariff Schedule
Cal.P.U.C.No.K-5 and are subject to change resulting from future Commission or other
proceedings,including but not limited to any generic proceeding to determine VERIZON's
unrecoveredcosts (e.g.,historic costs,contribution,undepreciated reserve deficiency,or similar
unrecoveredVERIZON costs (including VERIZON's interim Universal Service Support
Surcharge)),the establishment of a competitively neutral universal service system,or any appeal
or other litigation.Nothing in this Resale Attachment supplements or amends VERIZON's Resale
Tariff Schedule CAL.P.U.C.No.K-5.SPRINT may also purchase services from VERIZON
pursuant to Schedule Cal.P.U.C.No.A-16,such services may be ordered by SPRINT in bulk,
and may be billed to SPRINT.
Sprint may purchase at a discount and on a stand-alone basis (meaning Sprint is not requiredto
be the service provider for the underlying associated dial tone)any or all Vertical Featuresand
services offered at retail by Verizon to its end users pursuant to Section 251(c)(4)of the Act and
CFR 51.605(a).Without limiting the generality of the foregoing,the Parties will work together to
develop standardized ordering guidelines for Call Forwarding Custom Calling Services listed in
Cal.P.U.C.No.K-5,Section Ill.C.5.Call Forwarding Custom Calling Services shall be ordered
by Sprint via a wholesale process agreed to by the Parties until a final process is developed
within the framework of OBF issue 2037,or as otherwise agreed to by the Parties.The Parties
further agree that stand-alone vertical features will be exempt from any performance measures
until such time as OBF issue 2037 is final and implemented by the Parties.
This Resale Attachment (Attachment),together with Articles I and ll,defines the
Telecommunication Services (including exchange Services,related Vertical Featuresand other
services that may be purchased from VERIZON and resold by SPRINT)and sets forth the terms
and conditions applicable to such resold services.Except as specifically provided otherwise in
this Agreement,provisioningof exchange Services for resale will be as providedfor in the GTE
Guide.The resale Services described in this Attachment,shall be referred to herein collectively
as "Services",or each individually as "Service".
2.Services.
2.1 Local Exchange Services.
Resold basic exchange Service includes,but is not limited to,the following elements:
2.1.1 Voice Grade Local ExchangeAccess Line -includes a telephone number and
dial tone;
2.1.2 Local Calling -at local usage measured rates if applicable to the Customer;
2.1.3 Access to long distance carriers;
2.1.4 E-911 Emergency Dialing;
2.1.5 Access to ServiceAccess Codes -e.g.,800,888,900;
2.1.6 Use of AIN Services (those Currently Available to Customers);
2.1.7 Customer Private Line Services;
251/252 FINALAGREEMENT 66
2.1.8 Listing of telephone numbcr in appropriate "white pages"directory,
2.1.9 Copy of "White Pages"and "Yellow-Pages"directories for the appropriate
VERIZON service area;and
2.1.10 IntraLATA toll.
2.2 Dialing Parity.
For all call types associated with the resale services provided to Sprint by VERIZONunderthisAgreement:(a)a Sprint customer will not be required to dial any greater
number of digits than a similarly situated VERIZON customer;(b)the post dial delay (the
time elapsed between the last digit dialed and the first network response),call completion
rate and the transmission quality received by a Sprint customer will be at least equal in
quality to that received by a similarly situated VERIZON customer;and (c)the Sprintcustomershallbepermittedtoretainitslocaltelephonenumberprovidedthecustomer
remains within the same wire center.End users of Sprint and end users of VERIZON willhavethesameexchangeboundaries;such end users will be able to dial the same
number of digits when making a local call and activating feature functionality.
2.3 Other Services Available for Resale.
Subject to the limitations enumerated in this Attachment,the type of Services made
available to SPRINT are those Telecommunications Services described in VERIZON's
Resale Tariff Schedule Cal.P.U.C.No.K-5 as amended from time to time.
2.3.1 Sprint's end users may activate any services or features that are billed on a per
use or per activation basis (e.g.,continuous redial,last call return,call back
calling,call trace,etc.).Access to these services will not be turned up if Sprint
requests that those services be blocked and if VERIZON offers such blocking to
its end users.VERIZON shall provide Sprint with detailed billing information(perapplicableOBFguidelines,if any)as necessary to permit Sprint to bill its end
users such charges.
2.3.2 VERIZON shall provide to Sprint,on a per-line basis,the ability to request
blocking services that VERIZON offers to its end users,e.g.,700,900,976.
2.4 Grandfathered Products and Services.
Products and Services identified in VERIZON tariffs as grandfathered in any manner are
available for resale only to Customers that already have such grandfathered product or
Service.An existing Customer may not move a grandfathered product or Serviceto a
new service location.
2.5 Operator Services (OS)and Directory Assistance (DA).
OS for local and toll assistance (e.g.,call completion,busy line verification and
emergency interruption)and DA (e.g.,411 calls)are provided as a part of exchangeServicesofferedforresale.VERIZON may brand this Service as VERIZON.SPRINT
will be billed in accordance with VERIZON's resale tariff.If SPRINT requests branding or
unbranding,VERIZON will provide such unbranding or rebrandingwith SPRINT's name
using customized routing as described in Section 3.7.Alternatively,once VERIZON has
deployed the network and software updates necessary to support the provision of
branding and unbranding through the use of Originating Line Number Screening (OLNS)
at SPRINTS option,VERIZON will provide branding and unbrandingto SPRINT via
251/252 FINAL AGREEMENT 67
OLNS.For those offices that SPRINT has requested VERIZON to rebrand and/or
unbrand OS and DA,VERIZON will provide it where VER1ZON performs its own OS and
DA Service subject to capability and capacity limitations where customized routing,or the
required version of OLNS,is Currently Available.If VERIZON uses a third-party
contractor to provide OS or DA,VERIZON will not provide branding nor will VERIZON
negotiate it with a third-party on behalf of SPRINT.SPRINT must negotiatewith the third
party.In these instances,SPRINT will need to purchase customized routing and
dedicated trunking to differentiate its OS/DA traffic from VERIZON's.VERIZON shall
include a SPRINT Customer listing in its DA database as part of the LSR process.
VERIZON will honor SPRINT Customer's preferencesfor listing status,including non-
publishedand unlisted,and will enter the listing in the VERIZON database which is used
to perform DA functions as it appears on the LSR.
2.6 Telephone Relay Service.
Local and intraLATAtelephone relay service (TRS)enables deaf,hearing-impaired,or
speech-impaired TRS users to reach other telephone users.With respect to resold
Services,SPRINT's Customers will have access to the state authorized TRS Provider to
the extent required by the Commission,including any applicable compensation
surcharges.
2.7 Changes in Service.
VERIZON will notify Sprint of proposed new retail services or modificationsto existing
Services,including changes to rates,sixty (60)days prior to the expected date of
regulatory approval of the new or modified Service.If new or modified Services are
introduced with less than sixty (60)days notice to the regulatory authority,VERIZON will
notify Sprint at the same time it notifies the Commission via the tariff filing of proposed
new or modified Services,or as required under applicable Commission rules.
3.Operations and Administrative Matters.
3.1 Service Ordering,Service Provisioning,and Billing.
3.1.1 GTE Guide and CLEC Profile.SPRINT will order Services for resale directly from
VERIZON through an electronic interface or fax.Except as specifically provided
otherwise in this Agreement,guidelines for service preordering,ordering,
provisioning,billing,maintenance and electronic interfaces are provided in the
GTE Guide.In accordance with Article I,Section 3.1,VERIZON will not process
resale orders until the SPRINT Profile has been completed and returned;and,if
required,an advanced deposit paid.
3.1.2 Local Service Request.Orders for Services will be placed utilizing standard LSR
forms.VERIZON will continue to participate in industry forums for developing
service order/disconnect order formats and will incorporate appropriate industry
standards.Complete and accurate forms (containing the requisite Customer
information as described in the GTE Guide)must be provided by SPRINT before
a request can be processed.VERIZONwill accept orders for As-Is Transfers
(AIT)of Services from VERIZON to SPRINTwhere VERIZON is the Customer's
current local exchange company.When end-user accounts are converted to
Sprint accounts,all VERIZON line-basedcalling cards will automatically be
terminated at conversion.VERIZON cannot provide an AIT of service from
another CLEC selling VERIZON's Services to SPRINT.
251/252 FINAL AGREEMENT 68
3.1.2.1 911 Updates.VERIZON will update the applicable 911/E911 database at
parity with retail ordering processes.
3.1.3 Letter of Authorization (LOA).VERIZON will not release the Customer service
record (CSR)or inquiry containing Customer proprietary network information(CPNI)to SPRINT on VERIZON Customer accounts unless SPRINT first
provides to VERIZON a written LOA.Such LOA may be a blanket LOA or otherformagreeduponbetweenVERIZONandSPRINTauthorizingthereleaseof
such information to SPRINT or if state or federal law provides otherwise,inaccordancewithsuchlaw.An LOA will be required before VERIZONwillprocessanorderforServicesprovidedincasesinwhichtheCustomercurrentlyreceiveslocalexchangeorExchangeAccessservicefromVERIZONorfromaCLECotherthanSPRINT.Such LOA may be a blanket LOA or such other form
as agreed upon between VERIZON and SPRINT.
3.1.4 UnauthorizedChanges.If SPRINT submits an order for resold Services under
this Agreement in order to provide Service to a Customer that,at the time theorderissubmitted,is obtaining its local Services from VERIZON or another LEC
using VERIZON Services,and the Customer notifies VERIZON that theCustomerdidnotauthorizeSPRINTtoprovidelocalexchangeServices to the
Customer,SPRINT must provide VERIZON with written documentation ofauthorizationfromthatCustomerwithinthirty(30)Business Days of notification
by VERIZON.If SPRINT cannot provide written documentationof authorizationwithinsuchtimeframe,SPRINT must within three (3)Business Days thereafter:
3.1.4.1 notify VERIZON to change the Customer back to the LEC providingServicetotheCustomerbeforethechangetoSPRINTwasmade;and
3.1.4.2 provide any Customer information and billing records SPRINT hasobtainedrelatingtotheCustomertotheLECpreviouslyservingtheCustomer;and
3.1.4.3 notify the Customer and VERIZON that the change back to the previous
LEC has been made.
Furthermore,VERIZON will bill SPRINTfifty dollars ($50)per affected line to
compensate VERIZON for switching the Customer back to the original LEC.
3.1.5 Transfers Between SPRINT and Another Reseller of VERIZON Services.WhenSPRINThasobtainedaCustomerfromanotherresellerofVERIZONServices,
SPRINT will inform VERIZON of the transfer by submitting standard LSR forms
to VERIZON.VERIZON cannot accept an order for AIT of service from one
CLEC reselling VERIZON Services to another resellerof VERIZON Services.
3.2 Regulationsand Restrictions.
3.2.1 General Regulations.General regulations,terms and conditions governing rate
applications,technical parameters,service availability,definitions and feature
interactions,as described in the appropriate VERIZON intrastate local,toll and
access tariffs,apply to retail Services made available by VERIZON to SPRINTforresaleprovidedbyVERIZONtoSPRINT,when appropriate,unless otherwise
specified in this Agreement.As applied to Services offered under thisAgreement,the term "Customer"contained in the VERIZON retail tariff shall be
deemed to mean "SPRINT"as defined in this Agreement.
251/252 FINAL AGREEMENT 69
3.2.2 Resale to Other Carriers.Services available for resale may not be used bySPRINTtoprovideaccesstothelocalnetworkasanalternativetotariffed
switched and special access by other carriers,including,but not limited to:
intere×changecarriers,wireless carriers,competitive access providers,or other
retail telecommunications providers.
3.3 Maintenance.
VERIZON will provide repair and maintenance Services to SPRINTand its Customersfor
resold Services in accordance with the same standards and charges used for suchServicesprovidedtoVERIZONCustomers.Such maintenance and repair requirements
will include,without limitation,those applicable to testing and network management of
VERIZON's retail operations.VERIZON will not initiate a maintenance call or take action
in response to a trouble report from a SPRINT Customer until such time as trouble is
reported to VERIZON by SPRINT.SPRINT must provide to VERIZON all Customer
information necessary for the installation,repair and servicing of any facilities used for
resold Services according to the procedures described in the GTE Guide.
3.4 Information Services Traffic.
VERIZON shall route traffic for information Services (i.e.,900-976,Internet,weather
lines,sports providers,etc.)that originates on its network to the appropriate informationserviceplatform.In the event VERIZON performs switching of information service
provider traffic associated with resale for SPRINT,VERIZON shall provide to SPRINT the
same call detail records that VERIZON records for its own Customers,so as to allowSPRINTtobillitsCustomers.VERIZON shall not be responsible or liable to SPRINT or
the informationservice provider for billing and collection and/or any receivablesof theinformationserviceprovider.
3.5 Originating Line Number Screening (OLNS).
Upon request,VERIZON will update the database to provide OLNSwhich indicates to an
operator the acceptable billing methods for calls originating from the calling number (eg ,
penal institutions,COCOTS).
3.6 Misdirected Calls.
The Parties will employ the following procedures for handling any misdirectedcalls (e.g.
business office,repair bureau,etc.):
3.6.1 To the extent the correct provider can be determined,each Party will refer
misdirected calls to the proper provider of local exchange Service.When
referring such calls,both Parties agree to do so in a courteous manner at no
charge.
3.6.2 For misdirectedrepair calls,the Parties will provide their respective repair bureau
contact number to each other on a reciprocal basis and provide the Customer the
correct contact number.
3.6.3 In respondingto misdirected calls,neither Party shall make disparaging remarks
about each other,nor shall they use these calls as a basis for internal referrals or
to solicit Customers or to market Service.
251/252 FINAL AGREEMENT 70
3.7 Customized Routing.
Where Currently Available and upon receipt of a written request from SPRINT,VERIZONagreestoprovidecustomizedroutingforthefollowingtypesofcalls:
0-0+Local
0+411
1+411
0+HNPA-555-1212 (intraLATA,only when intraLATA presubscriptionis notavailable)1+HNPA-555-1212 (intraLATA,only when intraLATA presubscriptionis notavailable).
Upon request,VERIZON will provide SPRINT a list of switches that can providecustomizedroutingusinglineclasscodesorsimilarmethod(regardless of current
capacity limitations).SPRINT will return a list of these switches ranked in priority order.VERIZON will return to SPRINT a schedule for customized routing in the switches with
existing capabilitiesand capacity.In response to the written request from SPRINT,VERIZON will provide SPRINT with applicable charges,and terms and conditions,forprovidingOSandDA,branding,and customized routing.For those offices that SPRINT
has requested VERIZON to rebrand and/or unbrand OS and DA,VERIZON will provide itwhereVERIZONperformsitsownOSandDAservicesubjecttocapabilityandcapacitylimitationswhereCustomizedRoutingisCurrentlyAvailable.If VERIZON uses a third-party contractor to provide OS or DA,VERIZON will not provide branding nor willVERIZONnegotiateitwithathirdpartyonbehalfofSPRINT.SPRINT must negotiatewiththethirdparty.In these instances,SPRINT will need to purchasecustomizedroutingtodifferentiateOS/DA traffic from VERIZON's.
3.7.1 Sprint may brand the resale services that VERIZON provides to Sprint under theprovisionsofthisAgreement.VERIZON will not brand such resale servicesprovidedtoSprintunderthisAgreementasbeingVERIZONservices.
3.7.2 In all cases of operator and directory assistance services Sprint provides usingservicesprovidedbyVERIZONunderthisAgreement,VERIZON shall,where
technically feasible,at Sprint's sole discretion and expense,brand any and all
such services at all points of customer contact exclusively as Sprint services,orotherwiseasSprintmayspecify,or be providedwith not brand at all,as Sprint
shall determine.
3.7.3 Upon Sprint's request and where technically feasible,VERIZON shall routedirectoryassistancecallsincluding411and(NPA)555-1212 dialed by Sprint'scustomersdirectlytotheSprintplatform.
3.7.4 Upon Sprint's request,and where technically feasible,VERIZON shall routeoperatorservices(O+,O-)dialed by Sprint's customer directly to the Sprintplatform.Such traffic shall be routed over trunk groups specified by Sprint.
Subject to the above provisions,VERIZON will choose the method of implementingcustomizedroutingofOSandDAcalls.When VERIZON agrees to provide customizedroutingtoSPRINT,SPRINT will be responsiblefor the transport to route OS/DA traffic tothedesignatedplatform.
251/252 FINAL AGREEMENT 71
3.8 900-976 Call Blocking.
VERIZON shall not unilaterally block 900-976 traffic in which VERIZON performs
switching associated with resale.VERIZON will block 900-976 traffic when requested to
do so,in writing,by SPRINT.SPRINT shall be responsiblefor all costs associatedwith
the 900-976 call blocking request.VERIZON reserves the right to block any and all calls
which may harm or damage its network.
3.9 Access.To the extent Sprint resells a service that carries with it the access component
(i.e.,local dial tone),VERIZON retains all revenue due from other carriers for access toVERIZONfacilities,including both switched and special access charges.However,VERIZON is not entitled to these access revenues if Sprint is reselling other wholesale
offerings of VERIZON but not reselling VERIZON's local dial tone product.
3.10 Branding.VERIZON shall provideto SPRINT the applicable charges for unbranding or
rebranding and customized routing as set forth in Section 3.7.
4.Billing.
4.1 General.VERIZON will utilize CBSS to produce the required bills for resold Services.
CBSS will create a bill to SPRINT along with a summary bill master within ten (10)calender days of the last day of the most recent billing cycle.State or sub-state level
billing will include up to thirty (30)summary bill accounts.
4.1.1 Alternate Billed Calls.VERIZON shall record usage data originating fromSPRINTCustomersthatVERIZONrecordswithrespecttoitsownretail
Customers,using Services ordered by SPRINT.On resale accounts,VERIZON
will provide usage in EMR format per existing file exchange schedules.Incollects
are calls that are placed using the Services of VERIZON or another LEC and
billed to a resale service line of SPRINT.Outcollects are calls that are placed
using a SPRINT resale Service line and billed to a VERIZON line or line of
another LEC or LSP.Examples of an incollect or an outcollect are collect,credit
card calls.
4.1.1.1 Incollects.VERIZON will provide the rated record it receivesfrom the
CMDS network,or which VERIZON records (non-intercompany),toSPRINTforbillingtoSPRINT's end-users.VERIZON will settle with the
earning company,and will bill SPRINT the amount of each incollect
record less the billing and collection (B&C)fee for Customer billing of the
incollects.The B&C credit will be $.05 per billed message.Any
additional message processingfees associated with SPRINT's incollect
messages that are incurred by VERIZON will be billed to SPRINT on the
monthly statement.
4.1.1.2 Outcollects.When the VERIZON end-office switch from which the resale
line is served utilizes a VERIZON operator Services platform,VERIZON
will provide to SPRINT the unrated message detail that originates from a
SPRINT resale Service line but which is billed to a telephone number
other than the originating number (e.g.,calling card,bill-to-third number,
etc.).SPRINT as the LSP will be deemed the earning company and will
be responsible for rating the message at SPRINT rates and SPRINT will
be responsible for providing the billing message detail to the billing
company for Customer billing.SPRINT will pay to VERIZON charges as
agreed to for Services purchased,and SPRINT will be compensated by
the billing company for the revenue which SPRINT is due.
251/252 FINALAGREEMENT 72